HomeMy WebLinkAboutAMMAR CONSTRUCTION COMPANY
AHCDD Form 401
(Rev. 02/05)
._~" ~..
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
FORM OF CONTRACT
Project #:
(
THIS AGREEMENT made this Third 13rd) day of January
in the year 2007, by and between Ammar Construction Company Inc. , a Corporation,
Partnership or Sole Proprietorship existing under the laws of the State of Georgia, hereinafter called
the "Contractor," and AUQusta. Georaia. by And throuah the AUQusta Housina and Community
Development Department and Auausta Recreation and Parks Department, herein called the
"Owner." !
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WITNESSETH, that the Cdntractor and the Owner for the consideration stated herein, mutually agree
as follows: ' -
ARTICLE I
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Statement of Work. The Contractor shall furnish all labor, material, equipment, and services and
perform and complete all work required for the construction of Project No. CDBG-03030, in strict
accordance with Invitation for Bids on Apple Valley Park. IFB # HND-03-IFB-010 dated
May 31.2006 ", and Addendum thereto, Numbered 1 ,dated November 1st 2006--1 and
the drawings referred to herein, all as prepared by Davis Desian Group. which said
Specifications, Addendum' and Drawings are incorporated herein by reference and made a part
hereof.
ARTICLE II
Contract Price. The Augusta Housing & Community Development Department, on behalf of the
Owner, and Special Purpose Local Sales Tax (SPLOST) funds shall be used to pay the Contractor for
the performance of the Contract, in current funds, subject to additions and deductions as provided in
the specifications for completed work meeting the requirements of the Contract Documents, the sum
of:
Three hundred thirty seven thousand Dollars ($337 .000.00).
ARTICLE III
Contractor agrees that time is of the essence in the completion of the work in the time required by this
contract and hereby waives any notice of putting in default for failure to complete on time.
ARTICLE IV
Contract Documents. The contract shall consist of the following component parts:
(a) This Instrument
(b) General Conditions
(c) Special/supplemental Conditions
(d) Technical Specifications
(e) Drawings -See Attachment "A"
Page 401-1
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I Form 401
. /~.: (0",.10106)
FORM OF CONTRACT
This instrument, together with the other documents enumerated in this ARTICLE IV, which said other
documents are as fully a part of the Contract as if hereto attached or herein repeated, form the
Contract. In the event that any provision of any other component part of this Contract conflicts with
any provision of any other component part, the provision of the component part first enumerated in
the ARTICLE IV shall govern, except as otherwise specially stated. The various provisions in the
Addendum shall be construed in the order of the preference of the component part of the Contract
which each modifies.
IN WITNESS WHEREOF. the parties hereto have caused this Instrument to be executed in four (4)
original counterparts as of the day and year first above written.
AUGUSTA. GEORGIA . U -{,<I
(Owner) (Signature)
o n~ DAV9"S;'boi?bIdAVER
to ~ (Pliiil\f(~
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!/-U/AtfIl, [0/1-(/ fo M/}r IA; c-
(Contractor) - #
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I&AJY AM H/J-/L
(Print Name)
?~E<;;DE/(/T
(Title)
~A2W.~_ .~
Witne
Tf,66 sec.eLOAJ(.. )
GA I cS ED 9 940 " NO rnt?1 UN (. -""ttfIR troAJ Y
4 nl'1M( '5 s:..~
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Sworn to and subscribed before me this - '73$
year 2.CXJ 7 .
No~d4
ars"
,;,f4ptary _.,-. . > ~ GeorgIa
;;;.;COmmIsslon;"~' December 8. 2009
" ";, '.' .. .." ~~.-
(SEAL)
day of J7W U /ltx Y
in the
Page 401-2
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N00-01-2006 14:16
ARC ~ASING
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530 Greene snet Robm 605
Augu9ta, Ga 30911 \
Phone; 706 821 2422 !
Fa 706 821 2811 .
City of AUQusta
Procurement Department
Fax
To:
See Belov.j
Frorm Goo A. Sams
Date: November 1, 2006
Pax:
Contact
.,.....26
..:
Bid Item 'Q6-191 Addendum 1
cc:
,
X Urwent 0 ~ Rmew 0 ...... Comment 0....... Rap.,
o .....e RKycte
Conuneftt8
Dennis Bus~y Blair Construction 706-868-1856
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Chri$tian Lo~ Astra Gml4> 618-494--3601
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Tony Ammar Ammar Construction 706-6S().1471
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Roger Davisl Davis Design Group 706-724-4666
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Ron Houck : Recreation & Parks 706-796-4099
Yvonne Gentry OBE 706-821-4228
NOV-01-2006 14:16
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ADDENDUM
TO:
FROM:
DATE:
SUBJ:
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All Bidders
,
Oeri A~ Sams
,
Novenlber 1. 2006
ADDENDUM #1
'" ,BID ntEM #06-191 Apple Valley Park for Recreation & Parks
BID DUE Tuesday, November 14,2006 @ 3:00 p.m.
Please add the foUo~g attachments and please note the following changes to your bid
package: :
Invitation to B~
Conflict of Int<rest
Local Vendor Preference
Sealed Bid SeJ~OD Method
Disadyaataged!Business Enterprise Language
Please add the foDowilng attadunents In reference to the plans and specifications for the above
project dated May 31, ~006 as prepared by Davis Design Group - A Landscape ArclDtectural Finn.
120 Fifth Street, Augusta, GA 30901, (706) 724-4666, the roDowiog is hereby made a part of these
documents.
Specific:ations
1. CONTRAcrr CLOSEOUT: Documents required prior to final payment: Add the
toUowing: iRecord Drawings: Maintain a dean, undamaged set of prints of Contr~t
Drawing Bod Shop Drawings. Mark the set to show the actual installation where the
installaUon:varies substantially from the Work as originally show... Organize record
drawing ~ into manageable seas, bind and print suitable titles, dates and otber
identification the oo\ler of each BeL Submit 2 copies.
2. GENERAL~ A registered civil engineer or land suncyor shall be utilized for all
horizontal and vertical staking and layout for the project.
Plans
1. GENERAL: Eliminate any refereme to sprigging of grass on an pllUl$- All grass Is
seeded.A~d chain tink fenee around outJet structure F-t as shown on AD-l andu
detailed on AD~2.
Z. son.. EROSION & SEDIMENT PLANS (C3~3 thru C3.5)~ Structure A-4, eliminate rip
rap and rep'aee with 8412 Silt Fence Drop Inlet Sediment Barrier shown on AD-3.
Please acknowledge receipt of addendum in your bid paekage.
If you have any quesliQDs regarding this correspondence, plea.c;e contact me at
(706) 821.2422.
cc:
Tameka AJlen
Tom Beck
Ron H{)uck
Yvonne Gentry
Interim Deputy Administralor
Recreation & ParkK
Recreation & Parks
DBB Coordinato{
Room 605 - 530 G~ Street. Aup$t.1l. Georpa 30911
(706) 821-2422 - Pax (706) 821.28U
Www.lutmsta._ ~v
JecIater at - "--.. ......./~ for aut01l\lDC bid natificaDoD
NQV-01-2006 14:17
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AD-2
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, PlAN VIEW
AlTAd. FILlER FABRIC SECURlLY
TO 2)(6 (100X5Q) WOW "
FRAME! OVERf..AltPINQ FABRtC
10 ~ STAKE
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18- WAX I
(O.5m) ~- WAX
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2x4 WOOD FRAME
100lt50)
4 SIDES OF D.I.
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NOTES':
1. DROP INLET SEDlUENT BAA~ ARE TO BE
USED ~ SWAU.. HEARL Y lE'JEL DRAltolACE
AREAS. LESS THAN SC)
2. USE: 2-)(4- (IOOX5Omml WOOD Of EQUIVALENT
MtTAL=TAKES; Y (1m) _MUM LENGlH.
J. INS 2'"X"'- (I00XSOmm) WOOD TOP FRAUE
TO IN STAElUtY. .
4. ll-IE! TOP OF tHE FR~ (PONDING HElCHn
MUST SE VQ1, BElOW 1HE dROUND El.FVAll())j
DOWNSl!.OPE TO PREVENT RUNCf'F FROM SY-
PASSINC lHE INLU. A lOtPORARY DIKE MAY
BE tolF:CEssARY ON 1HE DOVINSLOPE SlOE OF
tHE STRUC1\IRt.
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SILT FENCE
SDR~ INLET ~~ENT BARRIER
Afl.... D......
A.PPIJE" A.U..BT PAn
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P.05/26
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Sealed bids will be receivM at this (lffice until 3:00 p.m.. Tuesday, November 14. 2006.
:
Bid 1Iem #06-191 : Apple Valley Park for Augusta Recreation &: Parks Department
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Bids win be ~ived by 1ususta, GA Commission bt!feinafter referred III all the OWNBR at the offices of:
Ged A. Sams i
Procurement Department
530 Greene Street - Room 60S
Augusta, Georgi. 3091 I
706-821-2422 ~
Bid documenls may be ex~ned at the office ot the Augusta, GAPr()(:urement Department, 530 Greene Street - Room
605, Augu~ta, GA 30911. i Plans and speclIic:atiODS tOt the project caD be made IvaDable upGD request to Augusta
Blue Print. The fees for ~be plan9 and specifications which are non-refundable is $7S.00
Documents may also be e~am;ned during regular business hourll at me Augusta Builders Exchange, 1262 Meny Slreet,
Augusta, GA 30904: F. W;. Dodge Plan Room, 1281 Broad Slreet, Augusta, GA 3090 1. It is ~ wish of the OWOCT tlull
all busincslle.~ are given ~ opportunity 10 submit on th1s pmjecl. To facilitate rbis policy, the Owner is providing the
opponunily to view pJan~ online (www.augustablue.com) at no cbarg~ lhro~lh Augusta Blueprint (706-722-6488)
beginning Thursday, OcIQber 12,2006. Bidders arc cautioned (har suhmitting a package without Procuremem of a
complete set are likely to ~verlook. i:j$uC$ of construction phasing, delivery of good.'l ur services, or coordination with
other work that ili maleri~l to the successful completion of the project. Bidckrs are cautioned that sequesb'aUon of
documents through any otfacr source is not advi!lable. Acqoiliition of document.'l from unllUlhori7..ed sources places the
bidder at the risk of reCeiving incomplete or inaccurate information upon which to base his qualification:4.
A Mamiatory Pre-Bid CWlenncc wiD be held on We-J....y, Odober 25, Z8G6 @ If:08 a.m. in Room 605 01 the
PrGall'eOlent Departmtnt. AI) questions must be sub_Ked in writing to the" OIf'KC of the Procurement
Department by fax at 7~8Z1-1811 01' by mail. No bid will be accepted by fa, aU must be m:el~ed by mail or
baDd deliftftd. The last;day to submit questions is Frida)', (ktobcr 27. 2006 by 4:00 p.IIL
The local bidder prerer~c program is applleable to this project, To be approved as ..local bidder and receive
bid preference on an eligible loeal project, the c:ertificatioa statement as a local bidder and aU !IUppoltlng
documents rnlJ8t bc 5Ub~tted to the Procurement Department with your bonar-de bid package.
11 is the wish of the Owner ~at minority businesses are given the opportunity to submit on the varjou~ pans of me work.
This de&ire on the part of ~ Owner is not 'lltended to reso:ict or Jimi 1 competitive hidding or 10 inCfea8C the cost of the
work. The Owner support~ a healthy (ree markel: S)'llt.em that seeks to include fClipOnsible busil1e5~s and provide ample
opportUnity for businc$.~ growth and developmenl.
No Bid may be wilhdraWn for a period of 60 days after time has been called on the dale llf opening. A J 0% Bid bond is
reqllired to be submitte4 in . separate envdope $0 marked along with the bidders' qualificationg; a too%
performance bond and a ~OO% payment bond will be required for award.
Bidders will please note th~t the number of copic!l requested; 1111 mapporting ducumems including financial statemAmlli and
references and 11l1(:h other +ttachments that may be required by the bid arc material conditions of the package. Any
package found incomplete: or submitted late shall he rejected by the Procurement Office. Any bidder allegedly
contending that bcIllhe has 1?een improperly disqualified from bidding due to an incomplete bid submission shall have the
righl to appeal to lhe appropriate committee of the Augusta Commi~sion. Pla.se. mark Bid number on the outside of the
envelope.
Invitation To Bid
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Augusta bas a Unk Dep(>sii program de'igned to provide 10SDS W eligible luli.iLSmaJI, Minority and Womlln Owned
BUl)inesses. For mllTe: inf<>!mation aboUl Ibis program contacl the Office of the Disadvantage BUllioess Enterprise @
706-821.2406 .
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle
Merro Courier
cc: Tameka Allen
Tom Beek.
Ron Houck
Yvonne Gentry
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9c[ober 1217, 19.24,2006
October] 8. 2006
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Interim Deputy Adminisrratot
Recreation &. Parla; Department
Recreation & Parks Deparlmcnt
DBE
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EMPLOYEE CONE1\JCT OF INTEREST:
It shall be unethical fori any City of Augusta business or participant directly or indirectly in a procurement
conttact when the empl~yec or official knows that:
(a) the emp]Jyoc or officjal or auy member ofth~ employee's or official's immediate family has a
substanti~l interest or financial interest pertaining to the procurement contract, except that the
purchase ~f goods and services from businesses which a member of the Commission or other
City of Aqgulita employee has a financial interellt is authorized as per O.C.a.A. 36-1-14. or the
procurem~nt contr"..ct is awarded pursuant to O.C.a.A. 45-1 ()"22 and 45-10-24, or the tran~tion
is exceptetj from said restrictions by O.C.a.A. 45-)0.25;
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(b) Any otberiperson, business., or organization with whom the employee or official of any member
of an employee's or officials immediate family is negotiating or has an arrangement concerning
prospecti~e employment is involved in the procurement contract.
Any emp~yee or official or any member of an employee's or official immediate family who
holds a substantial interest or financial interest in a disclosed blind IIUst shall not be deemed to
have a co~fJict of interest with regard to matters pertaining to that substantial interest or financial
interest. i
L (vendor)
infonnation containe~ in the bid specifications.
have read and understand the
Vendor Name:
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Address: :
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City & Sta~:
Phone #; (i )
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Fax # (
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Signature:
Date:
Bid Item Number and N~e:
THIS FROM MUST BI: s$MmED WI11f 8ID PACKAGE. NO EXCEPTION(S) WILL BE GRANTlID
NDU-01-2006 14:19
ARC ~ING
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Certification Statement
Local Vendor Preference .
I certify that my com~y meets all of the following qualifications to be eligible for the local vendor
preference: i
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(I) That my compan~ bas a fixed OffICe or dislribution point located in and having a street address
within A.ugusta for ai least six (6) months immediately prior to the issuance of tbe request for
competitive bids or rei,qnest for proposals by Augusta; and
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(2) That my companj holds any business license required by the Augusta Richmond County Code
for at least 6 months i
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(3) That my compan~ employs at least one (1) fuJJ time employee. or two (2) part time employees
whose primary residence is in Augusta, or if the business has no employees, the business shall be at
least fifty percent (5~) owned by one or more persons whose primary residence is in Augusta.
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(4) Attached is a cOPt of my Augusta Business Ucense.
Comp*y Name:
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Addre~s:
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Busineks License Number
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Phone ~umber:
Fax Number:
,
Owner~s Name:
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Signat~e:
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Sworn to before me [his day'of
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Notary Public for the $tate of
,20
My Commission Expires
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Notary Public Signat~
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Printed Name: !
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VENDOR DO NOT COMPLETE
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To be completed by AU~Orized City Representative from Business Lkensc & Jnspection Department:
Vendor Cel'lified: , Date:
~ulborized Signature
This fonn MUSr be submitted wirh bid package. NO Exceprwn(s) will be 8rant~d
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SEALED BIDS SELECTION METHOD
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A method for SUbmittiAg a bid to perfonn work on a proposed contract. In general, eacb party interested
submits l bid in a seal;ct envelope, and all 5uch bids are opened at the same time and the most favorable
responsible bid is accepted. All bid responscs will be retained as property of Augusta-Richmond County.
Contljfions for us,. All contracts of Augusta-Richmond County sball be awarded by competitive sealed
bidding except a.c; othertM5e provided elsewhere in this article (~ ~ 1-1045 - Sealed Proposals; 1-10-46 -
Professional Service!;; ~-10-47 - Quotations; 1.10-49 - Sole Source Procurement; and 1-10-50 - Emergency
Procurements, of this ~. .
Invitation ftJr bU/s and q1BCi./kodons. An invitation for bids shaD be iSI>11ed by the Procurement
Office and shall include! specifications prepared in accordance with Article 4 (Product
Specifications), and all fontractuaJ lams and conditions. applicable to the procurement.
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Pre.bid cotlfennce aruf IUlthndum. A conference to be conducted by the Procurement Director and using
agency head, if approprjate, hearing will be scheduled at leasl five (5) working days before receipt of bids.
While the pre-bid confc}rence is not a requirement, it is strongly recommended and widely used to further
acquaint interested bid4ers with the bid requirements and items to be purchased and vendor input. Any
substantive ehanges to sPecifications re&ulting from the pre-bid conference or other vendor/contractor sessions
shall be documented in 4n addendum and communicated to all bidders registered for the procurement action.
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Bid ope";",. Sealed Bids shall be opened publicly in the presence of one or more witnesses at the time and
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place designated in the p,ublic notice and invitation for bids. The amount of each bid, and such other relevant
infonnation as the PrOC\kremeot Direclor deems appropriate, together with the name of each bidder shall be
recorded; the record a.n4 each bid shall be open to public inspection in accordance with ~ 1-10-5 (Public:
Access to Procurement (nfonnation).
Bid tu:Uptsnu and "Je?alludUJn. Provided Ihat the bids are delivered to the Procurement DifeCtor at the
time, place, and under i;he conditions contained in the lnvitation for Bids. the bids shall be conditionally
accepted without alter~tion or correction pending evaluation. Bids shall be evaluated based on the
requirements set forth inithe invitation for bids, whicb may include bidder responsiveness, capability and past
perfonnance, and criteri4 to determine acceptability such as inspection, resting. quality workmansbip, delivery,
and suitability for a p~Jar purpose. Those criteria that will affect the bid price and be considered in
evaluation for award sHall be objective and clearly measurable, including but not limited to discounts.
transportation costs, cmd!totaJ or life cycle costs. The main advantage of using life-cycle costing is that both
initial costs and related FO&ts for the fife of the item are considered. When the criterion for awarding the
a>ntrocl is based 00 Jowc}st responsive bidder, it may mean I:hal the contract specifications are just minimaDy
complied with. Selecting of the lowest bidder could ~ult in a higher incidence of maintenance, and down-
time could eat up any s4vings made if the Procurement process considers only the initial cost Under no
circumstance will any bid be accegled by fax or email. All bids must be labeled and received in ~
Procurement office by ~ due date and time. There wlU be no exceodons made for any late. IOSl bv the post
office or express carrier. lor misditectM submittals.
Please be aware that ven~ol'$ llhall be removed from the vendor list for the following reasons:
(1) Declini~g to offer bids for tbe period of time listed in speclf'karions.
(2) Suspens~on for the following shall not be for less than three (3) montbs or more alum three (3)
years:
(a) railing lo satisfactorilymect terms. agreements, or contracts made with the
hocurement department or the using agency.
(b) Being convicted of criminal offense.41 in obtaining a>ntracts or convicted of
~mbezuement., violation of Slate or federal anti.lIUsl statutes. or any other crime
~hich indicates a lack of business integrity or honesty.
(e) Yiolating contract provisions or failing to perfonn without good cause or any other
eanse which the Procurement Dire(..1of deems to be so serious as to affect the
IfCsponsibility of a conttac;tor, including di~bunnent or sUI>1JCnsion from a vendor Ust
~y another government entity.
toJ-01-2006 14:20 ARC ~INCi
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PREFERENCE FOR!LOCAL SUPPLIERS AND CONTRACTORS
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(a) Augusta encou~ the use of local suppliers of goods, services and construction products whenever
possible. Augusta also ~gorous1y supports the advJUltages of an open competitive market place. Nothing in
this Section shall be in~reted to mean thai the City Admini9U'ator or Purchasing Director is restricted in any
way from seeking fonn~ bids or proposals from outsjde the Augusta market. area.
(b) When the quo~tion or informal bids selection method is used by the Purchasing Director or using
agency head to seek firpts to quote on Augusta commodity, service and construction products, local firm.\;
should be contacted, if ROSsible, first. Then if the Purchasing Director or using agency head believes that there
may not be at least three? qualified infonnal bidders, quotes shall be !;Ought from outside the Augusta mar1<:et
area. '
(c) In the event ofatie of bid (see 1-10-43 (h)), when aU other factors are equal, the City Admintsttatoris
encouraged to select '*' bid from within the local market area. The City Administrator shall retain the
flexibility to make the award of contract to a bidder outside of the local market area if evidence supports
collusive bidding in favpr of a local source.
(d) The local vcnd~r preference policy shall be applied when the lowest local bidder ill within S% or
$10,000, whichever is J689, of the lowest non-local bidder. 'The lowest local bidder will be allowed to match
the bid of the lowest nob-Iocal bidder; if matched, the lowest local bidder wiD be awarded the contract.
For purposes o~ this section. "local bidder" shall mean a business which:
I) Has had a fixed office or distribution point located in and having a street address within Augusta
for at lea.~t six (t6) months immediately prior to the issuance of the request for competitive bids or
request for pro~sals by Augusta; and
2) Holds any business license required by the Augusta-Richmond County Code and
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3) Employs atjleast one (1) full time employee. or two (2) part time employees whose primary
residence is in J\ogusla, Or if the business has no employee!!. the business shan be at least tifty percent
(50%) owned by one or more persons whose primary residence is in Augusta.
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P.10/26
BACKGROUND INFtRMA TION ON VENDORS.
The Department Head aJ)dlor the Administrator is directed to provide the bid amount as submitted, infonnation
concerning the Vendor'~' revious pcrfonnance, the service and quality of the productS offered. the availability
of the goods and servic when needed, adherence to delivery schedules, and other criteria pertinenllO that
panicuJar item, on v dors who have submitted bids, prop()!;8ls. or contracts for the Commission's
consideration. The inf~on is to be included ill the backup documents for the ComlDission's coosiderdtion
in awarding the con~
INSPECTION OF ~CHASES,
The Procurement agent i~ conjunction with the using agency or department bead shall inspect, or supervise the
inspection of, all deJiveribs of materials, supplies or conrractual services to determine their conformance witb
the specifications set forth in the pertinent purcl1ase order or contract. The Procurement agent may require
chemical and physical teSts of samples submitted with bids and !;amples of deliverie.'1. which examinations are
necessary to determine ~ity of the samples and conformance with specifications.
14tting th_ contrtJel. ~ contract shall be awarded or let in accordance with procedures set forth herein.
A ward shall OCCUr with teasonab1e promptness by appropriate ",,"tten notice to the lowest responsible and
responsive bidder whoseibid meets the requirements and criteria set forth in the invitation for bids.
In addition to price a.d other material factors, the Procurement Director, in consultation with
the using agency, shaD coosfder- the followfng in tbe context of award recommendations:
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(J) The ability, capacity, rmd skilJ of the bidder to perform, the contta4.1 or provide the services required,
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(2) The capability of the ~idder to perform the contract or provide the service promptly, or within the time
~pecified. without delay qr interference.,
(3) The character, integri~, Jq)Uwion, judgment, ex.perience, and efficiency oflhe bidder,
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NOV-01-2006 14:21 ARC PURCHASING
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(4) The quality Ofperltnance on previous contracts.
(5) The previous and e.isting compliance by the bidder with Jaws and ordinances relating to the contract or
services, i
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(6) The 5ufficiency of the financial resources of the bidder relating to his ability to perfoim the contract,
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(7) The quality, availab~1ity, and adaptability of the supplies or services to the particular use required,
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(8) The number and scqpe of conditions attached to the bid by the bidder, and
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(9) Service availability tnay be considered in detennining the most responsible bid, and the bidders shalJ be
required to submit information concerning their ability to service and maintain the product of the equipment
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A ward to othe, than '+w bidder. When the award is not given to the lowest bidder, a full and complete
sratement of the relllionslfor placing the purchase order or other contract elsewhere shall be prepared and signed
by the Procurement Director and/or Administraror and made part of lhe record file for audit proposes.
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It is the wish of the Own,6: that minority bUliinesses are given the opportunity to BID on the various pans of the
work. This desire on th~ pan of the Owner ili not intended to restrict or limit competitive bidding or to increase
the cost of the work. 'the Owner suppons a healthy free market s)'slem that seeks to include responsible
businesSl;}s and provide !unple opportunity for business growth and development.
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P.11/26
NOV-01-2006 14:21
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ARC Pl..RCHAS I NG
P.12/26
The Disadvantag~ Business Enterprise Language for Bids has been included.
Please note that t~e DUE forms are required to be completed and included as part
or your bid. !
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NOV-01-2006 14:21
ARC ~ING
+--fa&ed BusIness Enterprise Language for BIds .
Polic)' and E-v8lwdion
It is an official policy oJthe Augusta-Richmond County Commission, other Augusta-Richmond officials, and
employees, that all neclessary and reasonable steps shall be taken to ensure that disadvanta,ed business
enterprises including s~aU business enterprises have the maximum opportUnity to compete for and participate
in all contract.' and 5U~onttacts. Further, the Augusta-Richmond County Commission has the option to
establi~ incentives to promote business opportunities covered by Augusta-Richmond County CodeA 1-10-61.
To implement this dolicy, Augusta-Richmond County encoumges minority participation through
subconU'ading, joint ventures, or other methods in contracting for services. In order to expedite the evaluation
process, we have a~ the Checklist for Good Faith Efforts, Proposed Disadvantaged Business Enterpri~e
Participation, and Leu!r of Intent 10 Pcdonn fonns. The bidder should complete the Proposed OBE
Participation Form, indicating the percentage of participation for this proposal. The completed fonn must
accompany the pro~. Augusta-Richmood County's office of Di5advantaged Business Entetprise (DBE) is
availabJe at (706) 826-1 92S as a resource in identifying locul Disadvantaged Business Enterprises (MIWBEs
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and SBEs). i
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Secdon I - Definition !
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MInority Person - A United States citizen or permanent resident alien (as defined by the Immigration and
Naturalization Sen'ice) bfthe United States, wbo is Asian, Black, Hispanic, Native American, or female, also
one who is economically and socially disadvantaged.
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Dbadyantaged Busin~ Enterprise - (MIWBE and SBE) - A busioess which is owned or controlled by
minority persons who h~ve been deprived of the opportunity to develop. Or maintain a competitive position in
the economy because df social and eoonomic disadvantages. The ownership inl.erest must be real and
continuous and not creatbd solely to meet the mioority business or minority cootractor provisions of this PoJicy.
More specifICally, disa4vantaged busine$S refers to any small busin~s COD4?OO1 which;
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Is at I~t fifty-one (51 %) owned by one or more minority citi~ of the United States who
are de~ned to be socially and economically disadvantaged.
Is a cOfI?oration, with fifty-one percent (5 J %) of all classes ofvoting stock of such corporation
must be!owned by an individual determined to be socially and economically disadvantaged.
L., a paqnership, with fifty-one percent (51%) of the partnership interest is owned by an
individtial or individuals who are socially al)d economically disadvantaged and whose
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managetnent and daily business operations are conb'OlIed by individuals determined to be
sociallyland economically disadvantaged. Such individuals must be involved In the daily"
managehtent and opetation of the busi~C) concerned.
Women )lusine8S Enael,rise (WBE) - A business which is owned and controlled by one Or more females
and who have been deprired of the opponunity to develop and maintain a competitive ~sition in the economy
because of social and ~omic disadvantages.
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Small Business EnteFJHitse (SBE) - A local small business which has its principal office and place of doing
~us~ness in Augusta-Ri~mond County which is not dominant in its field of operation and is regarded as small
an SIze a.~ IUellliUred by i~ annual grOSl\ receipts being less than $500.000.
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P.13/26
(I)
(2)
(3)
t-IJV-EI1-2006 14:22
ARC Pl.RCHAS I NG
P.14/26
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Sedion II . DRE UtJl+don
A. Obligation: I
Bidders are required to lake all efforts that are reasonable to ensure that MIWBEs and SBEs have full and fair
oppoounities to co~ for performance by complying with the requirements of this clause. Included in these
requiremenl~ is the achi~~ement of the mandatOl)' utilization of Disadvanla.ged Business Enterprises (DBE5) in
the performance of WO~nder this Contract, and/or subslantiation that there is a good faith effort to ensure
thal DBEs have the m imum opportunity to patticipate in the perfonnance of work under this Contract
Contractors shall not di 'minate on the basis of race, ethnicity, national origin or gender in the award and
performance of the wo under this contraCt.
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Good Faith Effort DobnnentadoD - Techniques used by a bidderlproposer to seek MlWBEs and SBEs
participation as subcontbctor or supplier required to fulfill the bidlproposal requirements. Such good faith
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efforts of fa bidder/pr~er include. but are not necessarily limited to, the following actions:
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a) Describing effortS t~ target identified divisions of work Identified in the bid specifications
b) Attending the pre-btd meetings
c) Sending or faxing leqtrS to all MlWBEs and SBBs at the prequalification meeting, as well as those on the
li~ provided by staff DOl less than Seven days prior to the Qualification Stateme~t deadline.
d) Providing a telephone log of follow-up phone caUs made to MlWBEs and SBEs concemj~g the project,
including dates and timcls of caJls, names of individuals placing and receiving calls and results of the calJs.
e) Providing a written skatement indicating good faith negotiations with any competitive M/WBEs
and SBEs bids and S~cally identifying the M/WBEs and SBEs.
o Including a comp~ list of all MlWBEs and SBBs bids received. noting names, addresses and bid
amounts, i'
g) Providin, all reason for rejected bids.
h) Stating whether any oding requirement was waived and, if not, why.
i) Utilizing the setVice of the Di&ad~antaged Busines..c; Enterprise office in identifying qualified M/WBEs and
SBEs. I
In completing the Pro~ DBE Participation (orm, please remember that proposed goals are not limited to
first, second and third tier SubcoDtracting. Successful contractors have creatively applied viable methods such
as mentor/proreg6 relatiOnships and supply purchases to meet MlWBEs and SBE!! panicipation goals. The
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contractor is responsible [for ensuring that M/WBEs and SBEs perform commercially useful work at the level
of the contract commitment.
Reporting RequiremJ
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In cases where the succclssful bidder uses a minority subcontractor or vendor, the bidder shall indicate the
percentage of the invoi* amount that such minority subcontractor or vendor perfonned. The bidder shall
submit this form directlyjto the Disadvantaged Busines!\ Enterprise Office.
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Bidders may contact thC Disadvantaged Business Enterprise Office at (706) 826-1325 for questions or
clarifications on the repo~ng policy.
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B. Compliance I "
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All bidders or sllbcontractcn participating in this cODllact are hereby notified that failure ,to fully comply with
the Augusta-Ricbmond cfoonty's DBI: policy, as set forth herein. shall constitute a breach of contract which
may result in terminationlof the contrcU:t or !luch other remedy a.~ deemed appropriate by the Owner.
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Bidders will please nOle that the number of copies reque.~ted; all supporting documents includin: financial
statements and referenc~ and such other attaclunents that may be required by the bid invitation are material
conditions of the bid. An, package found incomplete or submitted hue shall be rejected by the Procurement
Office. Any bidder alleg~Jy contending that heJshe ha.q been improperly disqualified from bidding due to an
incomplete bid submissi~ shall have the right to appeal to the appropriate committee of the Augusta
Commission. ; .
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t{)IJ-El1-2006 14:22 ARC PlRCHASING
All fonns as requested ~y the DDE Office must be completed and retumed as part of your submittal.
A). Bid opening. searl Bids shall be opened publicly in the presence of one or mote witnesses at the time
and place designated iT the public notice and invitation for bids. The amount of each bid. and such other
relevant infonnation as ~ Purchasing Director deems appropriate, together with the name of each bidder shall
be recorded. The record and each bid shall be open LO public inspection in accordance with (Public Access to
Procurement InformatiQn).
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P.15/26
B). Bid acceptance and id evaluation. Provided that the bids are delivered to the Purchasing Director at the
time, place, and under e conditions contained in the Invitation for Bids. the bids shall be conditionally
accepted without all . on or correction pending evaluation.
Bids shall be evaluated on the requirements set forth in the invitation for bids, which may include bidder
responsiveness, capability and past performanc~. and criteria to determine acceptability such as inspection,
testing, quality wo~shiPt delivery, and suitability for particular purpose.
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Augusta-Richmond Co~nty proposes to award the contract to the most responsive. responsible bidder
submitting a reasona.ble bid provided the bidder has met the goals ofDBE participation. Bidders are advised
that the Augusta-Richmbnd County ha.t; sole discretion aod authority to detennine if any bidder has made a
"Good Faith Effort." ~ugusta-Richmond County reserves the right to reject any or all bids submitted.
Augusta-Richmond Co~ty win hilve absolute discretion to reject any bid or to exclude a prospecti\le bidder
from SUbmitting a bid ~ bas been non-responsive to tbe DBE program requirements without satisfactory
justification being acceP.f,ed by the Director of the Disadvantaged Business Enterprise Program.
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Contract A ward
Revilled: 6/10/05
Approved: 812105
NOV-01-2006 14:22
ARC PlRCHAS J NG
P.l6/26
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ATrACHMENT A
(Proposed DDE PartIcipation Fonn)
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Aupsta--Richmond Co.nty is aware that some projects will not have sub-contracting opportunities and will be
100% self-performing. ~ this applies to your Company, you must indicate on the bottom of Attachment A
& B that you are "100% self..perfOl'lDing". sip your name, and retum the fonns with your bid
package. !
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If there is sub-contlll9lorlsupplier panicipation, complete "Attachment A" indicating each DBE subk
contactorlsupplier you :will use for thjs contract. Each sub-contractor/supplier must be registered with
Augusta-Richmond County. The form must be siEnecl and returned with YOill' bid Daclul2e. Jf you have
any questions, please c~ntact the Disadvantaged Business Enterprise Department at 706-821-2406
t-IJV-01-2006 14: 23
ARC ~HASING
P.17/26
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PROPOSED DBE pJTIClPATION
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PRIME CONTRAcrdR
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ATTACHMENT A
PROJECT
DBE FIRM *,NClPAL ADDRESSIPHONE TYPE OF WORK Dollar Value
FFICIAL NO. of Work
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Silned By:
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iTotal Price:
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!Total DDE value
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ITOtal DRE percent:
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o Contractor wID pe~rm 100% of this contract
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$
$
%
Title:
Date:
Revised 1/24/06
NQV-01-2006 14:23
ARC ~ING
P.l8/26
.
ATTACHMENT B
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! (LeUer of Intent to Perfoqn)
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Augusta-Richmondl County is aware that some project!; will not have sub-contracting opportunities
and will be 100% ~lf-perforrning. If this applies to your Company, you most indicate on the bottom
of Attachment B th~t you are "100% seIr-perfonning", sign your name, and return the fonns with
your bid package.:
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Jf there is sub-contr~tor/supp1ier participation, you must complete an individuaj"Attachment BU for
each DBE sub-con~torlsupplier you will use for this contract. Each sub-contractorh;upplier must be
registered with Augpsta-Richmond County. The fonns must be signed by the sub-contractor(s) and
returned with v~ bid ~Ir_ If you have any questions, please contact the Disadvantaged
Business Enterprisel Department at 706-821- 2A06. "
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Revised 1/24106
t-OV-01-2006 14: 23
ARC Pl..RCHFlS I NCi
P.19/26
ATTACHMENT B
PROJECT
LETI'ER OF INTEtrr TO PERFORM AS A SUBCgNSULTANTISUBCONTRACTOIllSUPPLJER
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TO: (NAME dF PROPOSER)
A. The undeJigned intends to perfonn work in connection with the above project in
the fOllowing capacity (check one):
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I An individual
I A partnership
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B. The DBE status of the undersigned is confirmed as follow!;:
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,y attachment of a current Certificate of Cenification issued by the
~p~~ntofTransportation
lsY attachment of a current Certification issued by the Disadvantaged
Business IttiteJprise Office
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C. The under~igned is prepared to perform the following work in connection with the
above proj~t
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D. The undeJigned states that they will be performing
projecL i
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E. The under~igned will sublet and/or award
DBB contractors and lor non-DBE suppliers.
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A corporation
A joint venture
% of the total
% of this subcontract to non-
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The undersiped ~ enter into a formal agreement for the above described work with the
Propo.u clted abo,e conditioned opon the execution of a contract for the projed cited herem
between the Pfopos.er and AugustIl-Ridamond Couaty.
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Signature of AUthOri~ Representative
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o Contractor will berform 100% of this contract Signed By:
By:
(DBE ContractOr Finn Name)
Revised 1124106
I'D)-Ell-2006 14: 23
ARC P~ING
P.20/26
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! ATTAC~NTC
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I(Contractor'S Statement of DBE Utilization Form)
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The completion of this (pnn is the responsibility of the awardee of the contract. Complete the fonn indicating
the DBE's utiJilation for the requested pay period. This information identifies the actual DBE sub-
contractotSlsupplien;, t~s of work perfonned, actual dollar value of work/services and suppliers. To avoid
delay of payments this srm must accompany all pay requests.
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toJ-El1-2006 14:24
ARC PlRCHAS I NG
P.22/26
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The purpose for the ~od Faith Effort Checklist is to indicate all necessary and reasonable step~
taken to ensure DBijs and local small business enterprises have the maximum opportunity to
compete for and p~ipate in all contracts! sub-contracts.
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Good Faith Effort Checklist
Revised 1/24/06
NDV-01-2006 14:24
4>
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A bidder's good faith efons must be those thatcould reasonably be expected from It bidder who was actively
and aggressively seelin~ to meet rbe Disadvantaged BUblness Enterprise (DBE) goal Good faith effons may
include, but are not limited to:
ARC Pl.RCHAS I NG
AUQUSTA-RlCHMOND ~OUNTY
CHECKLIST FOR GOOD FAITH EFFORTS
P. 23/26
Yes
No
1.
Soliciting, through aU reasonable and available means, the interest
for all certified DBEs who have the capability to perform the work
of the contract. Sueh solicitations must be in sufficient time to allow
l DDBs to participate effectively.
I ConfInning attendance at any pre-solicitation or pre-bid meetings.
I Providing proof of any advertisements in general circulation, trade
association. and minority or woman focused media.
Documenting the follow-up to the initial solicitation with ODEs.
Documenting how portions of the work were selected to solicit DBE
participation and how the selection was made in order to increase the
likelihood of meeting the DDE goals. This would include, where
appropriate. breaking down contracts into economically feasible units
! to facilitate DBE participation.
i Providing information on any negotiations with DBBs including bid
! item adjustments, terms and conditions of the contract, bonding and
i insurance requirements and etc.
! Documenting efforts to assist DBEs in obtaining bonding, lines of
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1 credit, or insurance.
! Providing copies of the infonnation supplied to OBEs to solicit their
ibids. Such information should include adequate infonnation about
! the plans, specifications, and requirements of the contract to enable the
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:DBE to supply a eomplete and competitive bid.
IProviding information regarding the services/assistance secured from
;minority and women conununity organizations, contractors' groups, local
iminority and Women busineS$ assistance offices and other organizations
ithat provides assistance in the recruitment and placement DBEs.
iNegotiating in good faith with interested DBEs. It is the bidder's
!responsibility to make a portion of the work available to DDE
:subcontractors and suppliers. The bidder must provide documentation
!that consideration was given when selecting portions of the work or
i material needs on the contract to the availability of OBE firms in those
i areas when soliciting for ODE participation.
jOocumenting the baFlis for rejecting DBE bids. In cases where the bidder
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~etennines the DBE to be unqualified, supporting evidence used to make
~he determination must be provided.
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3.
4.
5.
6.
7.
8.
9.
10.
11.
RevisecJ 1124106
t-.[)I.)-01-2006 14:24
ARC PLRCHAS I NG
P.24/26
" ..
010
1 FAX TRANSMISSION
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AUGQST A-RICHMOND COUNTY CONSOLIDATED GOVERNMENT
i 530 Greene Street - Room 605
: Augusta, Oeorgia 30911
706 821.2422
fax: 706821-2811
To;
Metro Courier
Date: October 5,2006
Fax#:
706-722-7104
Pages: 2, including cover sheet
From:
I Geri A. Sams
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! LEGAL NOTICES FOR BID ITEM: #06-191
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Subject:
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COMMENTS!
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Please print th~ above advertisement on the following dates:
October 18, 2~
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REQUISITIO* #548258
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en
THE CINCINNATI INSURANCE COMPANY
Fairfield, Ohio
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of
the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint
Roy Scarborough, Jr.; Suzy M. Dekle; Alicia J. Rhoades and/or James C. Channell, Jr.
of Augusta, Georgia . its true and lawful Attorney(s)-in-Fact to sign, execute, seal
and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows:
Any such obligations in the United States, up to
Fifteen Million and No/IOO Dollars ($15,000,000.00).
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company
at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which
resolution is still in effect: '
"RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in-
Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the
Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or
without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys-in-
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors oUhe Company at a meeting duly called and held on the 7th day of December, 1973.
"RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company rnay be affixed by facsimile to any certificate' of any such power and any such power of certificate bearing
such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed
and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company."
IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate
seal, duly attested by its Senior Vice President this 1st day of August, 2004.
~~CECOMPANY
S,nim V;'" Pre'id~
STATE OF OHIO ) ss:
COUNTY OF BUTLER )
On this 1st day of August, 2004, before me came the above-named Senior Vice President of THE CINCINNATI INSURANCE
COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is
the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument
by the authority and direction of said corporation.
""unit",
", \Al 1,,-
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11'....._"
I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above
is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of
Attomey is still in full force and effect.
.7iL
MARK J. H LLER, Attorney at Law
NOTARY PUBLIC - STATE OF OHIO
My commission has no expiration
date. Section 147.03 O.R.C.
this
GIVEN under my hand and seal of said Company at Fairfield, Ohio.
14th day of November . 2006
~!I~~
: BN-1005 (8/04)
AMMARCO-01
ALRH
ACORDTM
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER License # 115146
Meybohm Scarborough Insurance, LLC.
822 Reynolds Street
P.O. Box 10106
Augusta, GA 30903
(706) 722-8338
DATE (MM/DDNYYY)
1/24/2007
THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURED
Ammar Construction Co., Inc.
Post Office Box 1877
Evans, GA 30809
INSURERS AFFORDING COVERAGE
INSURER A: Cincinnati Ins. CO
INSURER B: Builders Insurance Company
INSURER C:
INSURER D:
INSURER E:
NAIC#
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
iNSR ~~~~ P~}.ICY EFFECTIVE POLICY EXPIRATION
LTR POLICY NUMBER T I LIMITS
~ERAL LIABILITY EACH OCCURRENCE $ 2,000,00(
A X 3MMERCIAL GENERAL LIABILITY CAP5877834 9/20/2006 9/20/2009 PREMISES Ea occurenee) $ 100,00
e-- CLAIMS MADE ~ OCCUR
MED EXP (Anyone person) $ 5,00
I-- 2,000,000
PERSONAL & ADV INJURY $
e--
GENERAL AGGREGATE $ 2,000,00
e-- 2,000,00C
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
II POLICY fXl P,C-P-i n LOC '
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 500,OOlJ
A X ANY AUTO CAP5877834 9/20/2006 9/20/2009 (Ea accident)
"x ALL OWNED AUTOS BODILY INJURY
I-- $
X SCHEDULED.AUTOS (Per person)
e--
X HIRED AUTOS BODILY INJURY
I-- $
X NON-OWNED AUTOS (Per accident)
e--
I-- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 3,000,00
A o OCCUR D CLAIMS MADE CAP5877834 9/20/2006 9/20/2009 AGGREGATE $ 3,000,00
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X I,WCSTATU-I IOTH-
TORY LIMITS ER
B EMPLOYERS' LIABILITY 034-8704 10/9/2006 10/9/2007 E.L. EACH ACCIDENT $ 100,00
ANY PROPRIETOR/PARTNER/EXECUTIVE 100,00
OFFICER/MEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYEE $
If yes, describe under E,L. DISEASE - POLICY LIMIT $ 500,00
SPECIAL PROVISIONS below
OTHER I
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Re: Apple Valley Park, Project No. CDBG.04030/03030 I
I
CERTIFICATE HOLDER
CANCELLATION
Augusta Georgia
Augusta Housing & Community Development Dept
530 Greene Street
Augusta, GA 30901-
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL 3L- DAYS WRITTEN I
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE <":: .~\~::~~_~...I}: I
@ ACORD CORPORATION 1 ~88;
ACORD 25 (2001/08)
Form 402
(Rev. 10106)
GENERAL CONDITIONS
CONDUCT OF WORK
1. Definitions.
A. "Architect" means the person or other entity engaged by the Owner to perform architectural, engineering, design,
and other services related to the work as provided for in the contract. When THE OWNER uses an engineer to act
in this capacity, the terms "architect" and "engineer" shall be synonymous. The Architect shall serve as a technical
representative of THE OWNER and the Owner. The Architect's authority is as set forth elsewhere in this contract.
B. "Contract" means the contract entered into between the Owner and the Contractor. It includes the forms of Bid,
the Bid Bond, the Performance and Payment Bond or Bonds or other assurance of completion, the Certifications,
Representations, and Other Statements of Bidders, these General Conditions of the Construction Contract, the
applicable wage rate determinations from either the U.S. Department of Labor or HUD, and any Supplemental
and Special conditions included in the contract, the Notice to Proceed, the drawings and specifications, and the
work write up. It includes all formal changes to any of those documents by addendum, change order, or other
modification The Contract, including all referenced documents, constitutes the entire agreement between the
parties. No agent, representative, employee or officer of either AHCDD, the Owner, or the Contractor has
authority to make any statement, agreement or representation, oral or written, in connection with the Contract,
which in any way can be deemed to modify, add to or detract from, or otherwise change or alter its terms and
cpnditions. No negotiations between the parties, nor any custom or usage, shall be permitted to modify or
contradict any of the terms and conditions of the Contract. No modifications, alterations, changes, or waiver to the
Contract or any of its terms shall be valid or binding unless accomplished by a written amendment signed by all
parties. All such amendments will be made using the appropriate AHCDD form.
C. "Contractor" means the person or other entity entering into the contract with the Owner to perform all of the worK
required under the contract.
D. "Drawings" means the drawings enumerated in the schedule of drawings contained in the Specifications and as
described in the contract clause entitled "Specifications and Drawings for Construction" herein.
E. "AHCDD" means the Augusta Housing and Community Development Department. AHCDD provides financial
assistance on behalf of the Owner, which includes assistance in financing the work to be performed under this
contract. As defined elsewhere in these General Conditions or the contract documents, the determination of
AHCDD is required to authorize changes in the work or for release of funds for payment to the Contractor.
Notwithstanding AHCDD's role, nothing in this contract shall be construed to create any contractual relationship
between the Contractor and AHCDD.
F. "AHCDD Rehabilitation Inspector" means the person or persons delegated the authority by the Owner or
AHCDD to execute, administer, and/or terminate this contract. The term includes any successor AHCDD
Rehabilitation Inspector. AHCDD shall be deemed an authorized agent of the Owner in all dealings with the
Contractor.
G. "Owner" is the person or organization identified as such in the Construction Contract. The term owner means the
Owner or his authorized representative. '
H. "Project" means the entire project, whether construction or rehabilitation, the work for which is provided for in
whole or in part under this contract.
I. "Specifications" means the written description of the technical requirements for construction and includes the
criteria and tests for determining whether the requirements are met.
J. 'Testing Laboratory" An independent entity engaged to perform specific inspections or tests of the work, either
at the project site or elsewhere; and to report and, if required, interpret results of those inspections or tests.
Page 402-1
Form 402
(Rev. 10106)
GENERAL CONDITIONS
\
2. Contractor's Responsibility for Work.
A.
The Contractor shall furnish all necessary labor, materials, tools, equipment, and transportation necessary
for performance of the work. The Contractor shall also furnish all necessary water, heat, light, and power not
made available to the Contractor by the Owner pursuant to the clause entitled "Availability & Use of Utility
Services."
I
B. The Contractor shall perform on the site, and with its own organization, work equivalent to at least 12 percent
of the total amount of work to be performed under the order. This percentage may be reduced by a
supplemental agreement to this order if, during performance of the work, the Contractor requests a reduction
and AHCDD determines that the reduction would be to the advantage of AHCDD and the Owner.
C. At all times during performance of this contract and until the work is completed and accepted, the Contractor
shall directly superintend the. work or assign and have on the work site a competent superintendent who is
satisfactory to AHCDD and has authority to act for the Contractor.
D. The Contractor shall be responsible for all damages to persons or property that occur as a result of his fault
or negligence, and shall take proper safety and health precautions to protect the work, the workers, the
public, and the property of others. The Contractor shall hold and save the Owner and AHCDD, its officers,
and agents, free and harmless from liability of any nature occasioned by the Contractor's performance. The
Contractor shall also be responsible for all materials delivered and work performed until completion and
acceptance of the entire work, except for any completed unit of work which may have been accepted under
the contract.
E. The Contractor shall layout the work from base lines and benchmarks indicated on the drawings and is
responsible for all lines, levels, and measurements of all work executed under the contract. The Contractor
shall verify the figures before laying out the work and will be held responsible for any error resulting from its
failure to do so.
F. The Contractor shall confine all operations (including storage of materials) on the Owner's premises to areas
authorized or approved by AHCOO.
G. The Contractor shall at all times keep the work area, including storage areas, free from accumulations of
waste materials. After completing the work and before final inspection, the Contractor shall:
(1.) remove from the premises all scaffolding, equipment, tools, and materials (including rejected
materials) that are not the property of the Owner and all rubbish caused by its work;
(2.) leave the work area in a clean, neat, and orderly condition satisfactory to AHCDD;
(3.) perform all specified tests; and,
(4.) deliver the installation in complete and operating condition.
H. The Contractor's responsibility will terminate when all work has been completed, the final inspection made,
and the work accepted by the AHCOO. The Contractor will then be released from further obligation except as
required by the warranties specified elsewhere in the contract.
3. Architect's Duties, Responsibilities, and Authority.
A. The Architect for this contract, if any, shall be designated in writing by AHCDD.
B.
The Architect shall serve as AHCOO's technical representative with respect to architectural, engineering, and
design matters related to the work performed under the contract. The Architect, when requested by AHCDD,
may provide direction on contract performance. Such direction shall be within the scope of the contract and
may not be of a nature which:
(1.) Institutes additional work outside the scope of the contract;
Page 402-2
I
Form 402
(Rev. 10106)
GENERAL CONDITIONS
r
(2.) Constitutes a change as defined in the "Changes" clause of this contract;
(3.) Causes an increase or decrease in the cost of the contract;
(4.) Alters the Construction Progress Schedule; or
(5.) Changes any of the other express terms or conditions of the contract.
C. The Architect's duties and responsibilities may include but shall not be limited to:
(1.) Making periodic visits to the work site, and on the basis of on-site inspections, issuing written reports
to AHCDD, which shall include all observed deficiencies. The Architect shall file a copy of the report
with the Contractor's designated representative at the site;
(2.) Making modifications in drawings and technical specifications and assisting AHCDD in the preparation
of change orders and other contract modifications for issuance by AHCDD;
(3.) Reviewing and making recommendations with respect to:
(4.) the Contractor's construction progress schedules;
(5.) the Contractor's shop and detailed drawings;
(6.) the machinery, mechanical and other equipment and materials or other articles proposed for use by
the Contractor.
(7.) Assisting in inspections, signing Certificates of Completion; and making recommendations regarding
acceptance of work completed under the contract.
4. Other Contracts:
AHCDD on behalf of the Owner may undertake or award other contracts for additional work at or near the site of
the work under this contract. The Contractor shall fully cooperate with the other contractors and shall carefully
adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any
direction that may be provided by AHCDD. The Contractor shall not commit or permit any act that will interfere with
the performance of work by any other contractor.
l
Page 402-3
Form 402
(Rev. 10106)
GENERAL CONDITIONS
CONSTRUCTION REQUIREMENTS
1. Pre-construction Conference and Notice to Proceed.
A. After the Notice of Award has been issued, but prior to the contract execution, the Contractor shall attend a
pre-construction conference with representatives of the Owner, AHCDD, its Architect, and other interested
parties convened by AHCDD. The conference will serve to acquaint the participants with the general plan of
the construction operation and all other requirements of the contract. AHCDD will provide all parties with the
date, time, and place of the conference.'
B. The Contractor shall begin work upon receipt of a written Notice to Proceed from AHCDD. The Contractor
shall not begin work prior to receiving such notice.
2. Construction Progress Schedule.
A. The Contractor shall, within three (3) business days after the pre-construction conference or another
period of time determined by AHCDD, prepare and submit to AHCDD three copies of a practicable schedule
showing the order in which the Contractor proposes to perform the work, and the dates on which the
Contractor contemplates starting and completing the several salient features of the work (including acquiring
labor, materials, and equipment). The schedule shall be in the form of a progress chart of suitable scale to
indicate appropriately the percentage of work scheduled for completion by any given date during the period.
If the Contractor fails to submit a schedule within the time prescribed, AHCDD may withhold approval of
progress payments or take other remedies under the contract until the Contractor submits the required
schedule.
B. The Contractor shall enter the actual progress on the chart as required by AHCDD, and immediately deliver
three copies of the annotated schedule to AHCDD. If AHCDD determines, upon the basis of inspection
conducted pursuant to the clause entitled "Inspection and Acceptance of Construction", herein that the
Contractor is not meeting the approved schedule, the Contractor shall take steps necessary to improve its'
progress, including those that may be required by AHCDD, without additional cost to AHCDD or the Owner.
In this circumstance, AHCDD may require the Contractor to increase the number of shifts, overtime
operations, days of work, and/or the amount of construction plant, and to submit for approval any
supplementary schedule or schedules in chart form as AHCDD deems necessary to demonstrate how the
approved rate of progress will be regained.
C. Failure of the Contractor to comply with the requirements of AHCDD under this clause shall be grounds for a
determination by AHCDD that the Contractor is not prosecuting the work with sufficient diligence to ensure
completion within the time specified in the Contract. Upon making this determination, AHCDD may terminate
the Contractor's right to proceed with the work, or any separable part of it, in accordance with the "Default"
clause of this contract.
3. Site Investigation and Conditions Affecting the Work.
A. The Contractor acknowledges that he has taken steps reasonably necessary to ascertain the nature and
location of the work, and that he has investigated and satisfied himself as to the general and local conditions
which can affect the work or its cost, including but not limited to:
(1.) conditions bearing upon transportation, disposal, handling, and storage of materials;
(2.) the availability of labor, water, electric power, and roads;
(3.) uncertainties of weather, river stages, tides, or similar physical conditions at the site;
(4.) the conformation and conditions of the ground; and
(5.) the character of equipment and facilities needed preliminary to and during work performance.
Page 402-4
Form 402
(Rev. 10106)
GENERAL CONDITIONS
r
B. The Contractor acknowledges that he is satisfied as to the character, quality, and quantity of surface and
sub-surface materials or obstacles to be encountered insofar as this information is reasonably ascertainable
from an inspection of the site, including all exploratory work done by AHCDD, as well as from any drawings
and specifications made a part of this contract. Any failure of the Contractor to take the actions described
and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly
the difficulty and cost of successfully performing the work, or from proceeding to successfully perform the
work without additional expense to AHCDD.
C. AHCDD assumes no responsibility for any conclusions or interpretations made by the Contractor based on
the information made available by AHCDD. Nor does AHCDD assume responsibility for any understanding
reached or representation made concerning conditions that can affect the work by any of its officers or
agents before the execution of this contract, unless that understanding or representation is expressly stated
in this contract.
4. Differing Site Conditions.
A. The Contractor shall, within two (2) business days of discovery, and before the conditions are disturbed, give
a written notice to AHCDD and the Architect of:
(1.) subsurface or latent physical conditions at the site which differ from those indicated in this contract; or
(2.) unknown physical conditions at the site, of an unusual nature, which differ materially from those
ordinarily encountered and generally recognized as inhering in work of the character provided for in
the contract.
B. AHCDD and the Architect shall investigate the site conditions promptly after receiving the notice. Work shall
not proceed at the affected site, except at the Contractor's risk, until AHCDD has provided written
instructions to the Contractor. If the conditions materially differ and cause an increase or decrease in the
Contractor's cost or the time required for performing any part of the work under this contract, whether or not
changed as a result of the conditions, AHCDD will make an equitable adjustment in the contract price, the
delivery schedule, or both under this clause and the contract modified in writing accordingly.
C. No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed,
unless the Contractor has given the written notice required; provided, that the time prescribed above for
giving written notice may be extended by AHCDD.
D. No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be
allowed if made after final payment under this contract.
5. Specifications and Drawings for Construction.
A. The Contractor shall keep on the work site a copy of the drawings and specifications and at all times give
access to AHCDD and the Architect. Anything mentioned in the specifications and not shown on the
drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if
shown or mentioned in both. In case of difference between drawings and specifications, the specifications
shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall
be promptly submitted to the Architect, who will make a determination in writing. Any adjustment by the
Contractor without such a determination shall be at its own risk and expense. The Architect shall furnish from
time to time such detailed drawings and other information as considered necessary, unless otherwise
provided.
B.
Where in the specifications or drawings the words "directed", "required", "ordered", "designated",
"prescribed", or like words are used, it shall be understood that the "direction", "requirement", "order",
"designation", or "prescription", of AHCDD is intended. Similarly the words "approved," "acceptable,"
"satisfactory," or like words shall mean "approved by," or "acceptable to," or "satisfactory to" AHCDD, unless
otherwise expressly stated.
I
Page 402-5
Form 402
(Rev. 10106)
GENERAL CONDITIONS
I
c.
Where "as shown," "as indicated," "as detailed," or words of similar import are used, it is understood that the
reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided"
as used herein shall be understood to mean, "provide complete in place", that is "furnished and installed."
D. "Shop drawings" means drawings, submitted to the Architect by the Contractor, subcontractor, or any lower
tier subcontractor, showing in detail:
(1.) the proposed fabrication and assembly of structural elements; and
(2.) the installation (Le., form, fit, and attachment details) of materials of equipment. It includes drawings,
diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test
data, and similar materials furnished by the Contractor to explain in detail specific portions of the work
required by the contract. AHCDD may duplicate, use, and disclose in any manner and for any purpose
shop drawings delivered under this contract.
E. The Contractor shall submit to the Architect for approval one reproducible and one opaque copy (unless
otherwise noted) and to AHCDD for record one opaque copy of all shop drawings as called for under the
various headings of these specifications. Deliver the submittal by such method as to assure receipt within
two days of sending. Notify the Architect via facsimile on the day the submittal is sent.
F. If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them
for accuracy, completeness, and compliance with other contract requirements and shall indicate its approval
thereon as evidence of such coordination and review. Shop drawings submitted to the Architect without
evidence of the Contractor's approval may be returned for re-submission. AHCDD and the Architect will
indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the
reasons therefore. Any work done before such approval shall be at the Contractor's risk. Approval by
AHCDD and the Architect shall not relieve the Contractor from responsibility for any errors or omissions in
such drawings, nor from responsibility for complying with the requirements of this contract, except with
respect to variations described and approved in accordance with paragraph 9G below.
G. If shop drawings show variations from the contract requirements, the Contractor shall describe such
variations in writing, separate from the drawings, at the time of submission. If the Architect approves any
such variation and AHCDD concurs, AHCDD shall issue an appropriate modification to the contract. If the
variation is minor or does not involve a change in price or in time of performance, however, a modification
need not be issued.
H. It shall be the responsibility of the Contractor to make timely requests of the Architect for such large scale
and full size drawings, color schemes, and other additional information, not already in his possession, which
shall be required in the planning and production of the work. Such requests may be submitted as the need
arises, but each such request shall be filed in ample time to permit appropriate action to be taken by all
parties involved, so as to avoid delay.
I. The Contractor shall submit to the Architect for approval four copies (unless otherwise indicated) of all shop
drawings as called for under the various headings of these specifications. One set (unless otherwise
indicated) of all shop drawings will be retained by AHCDD, the Architect, and the Owner, and one set will be
returned to the Contractor. As required by AHCDD, the Contractor, upon completing work under this
contract, shall furnish a complete set of all shop drawings as finally approved. These drawings shall show all
changes and revisions made up to the time the work is completed and accepted.
J. This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the Contractor to
ensure that all shop drawings prepared by subcontractors are submitted to the Architect.
K. The Contractor shall provide with each submittal for approval a certificate attesting that the products or
materials to be supplied are:
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(1.) currently and readily available;
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(2.) not obsolete or discontinued; and
(3.) not to be discontinued or deleted from the supplier or manufacturers stock within the next calendar
year.
L. Layouts and Floor Plans provided by AHCDD are diagrammatic only and are intended to illustrate the
general intentions of AHCDD only. They do not show all the work required, exact dimensions, or construction
details.
6. As-Built Drawings.
A. "As-built drawings," as used in this clause, means drawings submitted by the Contractor or subcontractor at
any tier to show the construction of a particular structure or work as actually completed under the contract.
"As-built drawings" shall be synonymous with "Record drawings."
B. Within 5 days of notification of substantial completion, the Contractor shall provide the Architect accurate
information to be used in the preparation of permanent as-built drawings. For this purpose, the Contractor
shall record on one set of contract drawings all changes from the installations originally indicated, and record
final locations of underground lines by depth from finish grade and by accurate horizontal offset distances to
permanent surface improvements such as buildings, curbs, or edges of walks. No final payment will be made
to the contractor until the Architect has received accurate information to be used in the preparation of
permanent as-built drawings.
c. This clause shall be included in all subcontracts. It shall be the responsibility of the Contractor to ensure that
all as-built drawings prepared by subcontractors are submitted to the Architect.
7. Material and Workmanship.
A. All equipment, material, and articles furnished under this contract shall be new and of the most suitable
grade for the purpose intended, unless otherwise specifically provided in this contract. References in the
contract to equipment, material, articles, or patented processes by trade name, make, or catalog number,
shall be regarded as establishing a. standard of quality and shall not be construed as limiting competition.
The Contractor may use any equipment, material, article, or process that, in the judgment of, and as
approved by AHCDD and the Architect, is equal to that named in the specifications, unless otherwise
specifically provided in this contract.
B. Approval of equipment and materials:
(1.) The Contractor shall obtain AHCDD and Architect approval of the machinery and mechanical and
other equipment to be incorporated into the work. When requesting approval, the Contractor shall
furnish to the Architect the name of the manufacturer, the model number, and other information
concerning the performance, capacity, nature, and rating of the machinery and mechanical and other
equipment. When required by this contract or by AHCDD, the Contractor shall also obtain AHCDD and
Architect approval of the material or articles that the Contractor contemplates incorporating into the
work. When requesting approval, the Contractor shall provide full information concerning the material
or articles. Machinery, equipment, material, and articles that do not have the required approval shall
be installed or used at the risk of subsequent rejection.
(2.) When required by the specifications or AHCDD, the Contractor shall submit appropriately marked
samples (and certificates related to them) for approval at the Contractor's expense, with all shipping
charges pre-paid. The Contractor shall label, or otherwise properly mark on the container, the material
or product represented, its place of origin, the name of the producer, the Contractor's name, and the
identification of the construction project for which the material or product is intended to be used.
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(3.) Certificates shall be submitted in triplicate, describing each sample submitted for approval and
certifying that the material, equipment, or accessory complies with contract requirements. The
certificates shall include the name and brand of the product, name of manufacturer, and the location
where produced.
C. Approval of a sample shall not constitute a waiver of AHCDD or the Owner's right to demand full compliance
with contract requirements. Materials, equipment, and accessories may be rejected for cause even though
samples have been approved.
D. Wherever materials are required to comply with recognized standards or specifications, such specifications
shall be accepted as establishing the technical qualities and testing methods, but shall not govern the
number of tests required to be made nor modify other contract requirements. AHCDD may require laboratory
test reports on items submitted for approval or may approve materials on the basis of data submitted in
certificates with samples. Check tests will be made on materials delivered for use only as frequently as
AHCDD determines necessary to insure compliance of materials with the specifications. The Contractor will
assume all costs of re-testing materials that fail to meet contract requirements and/or testing materials
offered in substitution for those found deficient.
E. After approval, samples will be kept on the job site until completion of work. They may be built into the work
after a substantial quantity of the materials they represent has been built in and accepted.
F. Prohibition against use of lead-based paint. The Contractor shall comply with the prohibition against the use
of lead-based paint contained in the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) as
implemented by 24 CFR Part 35.
8. Permits, Licenses, and Codes.
A. The Contractor shall give all notices and comply with applicable laws, ordinances,.' codes, rules, and
regulations. Notwithstanding the requirement of the Contractor to comply with the drawings and
specifications in the contract, work shall comply with all applicable codes and regulations as amended by any
waivers. Before beginning the work, the contractor shall examine the drawings and specifications for
compliance with all applicable ordinances and codes bearing on the work and shall immediately report any
discrepancy it may discover to AHCDD and the Architect. Where requirements of the drawings and
specifications fail to comply with such applicable ordinances or codes for the new or replaced work, AHCDD
will adjust the contract by change order pursuant to the clause entitled "Changes" herein to conform to such
ordinances or codes, unless waivers in writing covering the difference have been granted by proper
authority.
B. The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution
and completion of the work, whether or not covered by the specifications and drawings for the work.
9. Health, Safety, and Accident Prevention.
A. In performing this contract, the Contractor shall:
(1.) Ensure that no laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to his/her health and/or safety as
determined under construction safety and health standards promulgated by the Secretary of Labor by
regulation;
(2.) Protect the lives, health, and safety of other persons;
(3.) Prevent damage to property, materials, supplies, and equipment; and,
(4.) Avoid work interruptions.
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B.
For these purposes, the Contractor shall:
(1.) Comply with regulations and standards issued by the Secretary of Labor at 29 CFR Part 1926. Failure
to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety
Standards Act (Public Law 91-54,83 Statute 96), 40 U.S.C. 327 et seq.,
(2.) Include the terms of this clause in every subcontract so that such terms will be binding on each
subcontractor.
C. The Contractor shall maintain an accurate record of exposure data on all accidents incident to work
performed under this contract resulting in death, traumatic injury, occupational disease, or damage to
property, materials, supplies, or equipment, and shall report this data in the manner prescribed by 29 CFR
1904.
D. AHCDD shall notify the Contractor of any non-compliance with these requirements and of the corrective
action required. This notice, when delivered to the Contractor or the Contractor's representative at the site of
the work, shall be deemed sufficient notice of the non-compliance and corrective action required. After
receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses
to take corrective action promptly, AHCDD may issue an order stopping all or part of the work until
satisfactory corrective action has been taken. The Contractor shall not base any claim or request for
equitable adjustment for additional time or money on any stop .order issued under these circumstances.
E. The Contractor shall be responsible for his subcontractors' compliance with the provisions of this clause. The
Contractor shall take such action with respect to any subcontract as AHCDD, the Secretary of Housing and
Urban Development, or the Secretary of Labor shall direct as a means of enforcing such provisions. ~
10. Temporary Heating.
The Contractor shall provide and pay for temporary heating, covering, and enclosures necessary to properly protect
all work and materials against damage by dampness and cold, to dry out the work, and to facilitate the completion
of the work. Any permanent heating equipment used shall be turned over to the Owner in the condition and at the
time required by the specifications.
11. Availability and Use of Utility Services.
A. The Owner shall make all reasonably required amounts of utilities available to the Contractor from existing
outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of
each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to
the Owner. The Contractor shall carefully conserve any utilities furnished without charge.
B. The Contractor, at its expense and in a manner satisfactory to AHCDD, shall install and maintain all
necessary temporary connections and distribution lines, and all meters required to measure the amount of
each utility used for the purpose of determining charges. Before final acceptance of the work by the AHCDD
and the Owner, the Contractor shall remove all the temporary connections, distribution lines, meters, and
associated paraphernalia.
12. Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.
A. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs,
and grass) on or adjacent to the work site,which are not to be removed under this contract, and which do not
unreasonably interfere with the work required under this contract.
B. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging
vegetation that will remain in place. If any limbs or branches of trees are broken during performance of this
contract, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or
branches with a clean cut and paint the cut with a tree-pruning compound as directed by AHCDD.
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c. The Contractor shall protect from damage all existing improvements and utilities at or near the work site or
on adjacent property of a third party, the locations of which are made known to or should be known by the
Contractor. Prior to disturbing the ground at the construction site, the Contractor shall ensure that all
underground utility lines are clearly marked.
D. The Contractor shall shore up, brace, underpin, secure, and protect as necessary all foundations and other
parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be affected by the
excavations or other operations connected with the construction of the project.
E. Any equipment temporarily removed as a result of work under this contract shall be protected, cleaned, and
replaced in the same condition as at the time of award of this contract.
F. New work, which connects to existing work, shall correspond in all respects with that to which it connects
and/or be similar to existing work unless otherwise required by the specifications.
G. No structural members shall be altered or in any way weakened without the written authorization of AHCDD
and the Architect, unless such work is clearly specified in the plans or specifications.
H. If the removal of the existing work exposes discolored or unfinished surfaces, or work out of alignment, such
surfaces shall be refinished, or the material replaced as necessary to make the continuous work uniform and
harmonious. This, however, shall not be construed to require the refinishing or reconstruction of dissimilar
finishes previously exposed, or finished surfaces in good condition, but in different planes or on different
levels when brought together by the removal of intervening work, unless such refinishing or reconstruction is
specified in the plans or specifications.
I. The Contractor shall give all required notices to any adjoining or adjacent property owner or other party
before the commencement of any work.
J. The Contractor shall indemnify and save harmless AHCDD, the Architect, and the Owner from any damages
on account of settlement or the loss of lateral support of adjoining property, any damages from changes in
topography affecting drainage, and from all loss or expense and all damages for which AHCDD, the
Architect, or the Owner may become liable in consequence of such injury or damage to adjoining and
adjacent structures and their premises.
K. The Contractor will repair any damage to vegetation, structures, equipment, utilities, or improvements,
including those that are the property of a third party, resulting from failure to comply with the requirements of
this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to
repair the damage promptly, AHCDD may have the necessary work performed and charge the cost to the
Contractor.
13. Temporary Buildings and Transportation of Materials.
A. Temporary buildings (e.g., storage sheds, shops, offices, sanitary facilities) and utilities may be erected by the
Contractor only with the approval of AHCDD and the Owner and shall be built with labor and materials
furnished by the Contractor without expense to AHCDD or the Owner. The temporary buildings and utilities
shall remain the property of the Contractor and shall be removed at the Contractor's expense upon completion
of the work. With the written consent of AHCDD and the Owner, the buildings and utilities may be abandoned
and need not be removed.
B. The Contractor shall, as directed by AHCDD, use only established roadways, or use temporary roadways
constructed by the Contractor when and as authorized by AHCDD. When materials are transported in
prosecutiilg the work, vehicles shall not be loaded beyond the loading capacity recommended by the
manufacturer of the vehicle or prescribed by any federal, state, or local law or regulation. When it is necessary
to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay
forthe repair of any damaged curbs, sidewalks, or roads.
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I 14. Clean Air and Water (Applicable to Contracts in Excess of $100,000).
A. Definition. "Facility" means any building, plant, installation, structure, mine, vessel or other floating craft,
location, or site of operations, owned, leased, or supervised by the Contractor or any subcontractor, used in
the performance of the contract or any subcontract. When a location or site of operations includes more than
one building, plant, installation, or structure, the entire location or site shall be deemed a facility except when
the Administrator, or a designee, of the Environmental Protection Agency (EPA) determines that independent
facilities are collocated in one geographical area.
B. In compliance with regulations issued by the United States Environmental Protection Agency (EPA), 40 CFR
Part 15, pursuant to the Clean Air Act, as amended ("Air Acf'), 42 U.S.C. 7401, et seq., the Federal Water
Pollution Control Act, as amended ('Water Act"), 33 U.S.C. 1251, et seq., and Executive Order 11738, the
Contractor agrees to:
(1.) Not utilize any facility in the performance of this contract or any subcontract which is listed on the EPA
List of Violating Facilities pursuant to Part 15 of the regulations for the duration of time that the facility
remains on the list;
(2.) Promptly notify AHCDD if a facility the Contractor intends to use in the performance of this contract is
on the EPA List of Violating Facilities or the Contractor knows that it has been recommended to be
placed on the List;
(3.) Comply with all requirements of the Air Act and the Water Act, including requirements of Section 114
of the Air Act and Section 308 of the Water Act, and all applicable clean air and clean water standards;
and,
(4.) Include or cause to be included the provisions of this clause in every subcontract, and take such action
as HUD may direct as a means of enforcing such provisions.
15. Energy Efficiency.
The Contractor shall comply with all standards and policies relating to energy efficiency which are contained in the
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163)
for the State of Georgia.
16. Inspection and Acceptance of Construction.
A. Definitions. As used in this clause:
(1.) "Acceptance" means the act of AHCDD by which AHCDDand the Architect approve and the Owner
assumes ownership of the work performed under this contract. Acceptance may be partial or
complete.
(2.) "Inspection" means examining and testing the work performed under the contract (including, when
appropriate, raw materials, equipment, components, and intermediate assemblies) to determine
whether it conforms to contract requirements.
(3.) "Testing" means that element of inspection that determines the properties or elements, including
functional operation of materials, equipment, or their components, by the application of established
scientific principles and procedures.
B. The Contractor shall maintain an adequate quality control system and will ensure that the work performed
under the contract conforms to contract requirements. All work is subject to inspection and test by AHCDD
and the Architect at all places and at all reasonable times before acceptance to ensure strict compliance with
the terms of the contract. If AHCDD requires the contractor to work overtime, on weekends or on holidays,
the contractor must first notify AHCDD in writing of the overtime schedule. If AHCDD determines it necessary
to have AHCDD or Architect staff present or on call during the contractor's overtime, the contractor shall
reimburse AHCDD or the Architect for the staff costs at time and half the regular staff rate. Should the
contractor fail to reimburse AHCDD by the next progress payment requested by the contractor, AHCDD shall
deduct such reimbursement from the contractor's next progress payment.
I
C.
AHCDD and Architect inspections and tests are for the benefit of AHCDD and the Owner and do not:
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(1.) relieve the Contractor of responsibility for providing adequate quality control measures;
(2.) relieve the Contractor of responsibility for loss or damaged material before acceptance;
(3.) constitute or imply acceptance; or,
(4.) affect the continuing rights of the Owner after acceptance of the completed work under paragraph J
below.
D. The presence or absence of AHCDD or the Architect does not relieve the Contractor from any contract
requirement, nor is he authorized to change any term or condition of the specifications without AHCDD's
written authorization. AHCDD shall give all instructions and approvals with respect to the work to the
Contractor.
E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably
needed for performing such safe and convenient inspections and tests as may be required by AHCDD.
AHCDD may charge to the Contractor any additional cost of inspection or test when work is not ready at the
time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest
necessary. AHCDD shall perform all inspections and tests in a manner that will not unnecessarily delay the
work. Special, full size, and performance tests shall be performed as described in the contract.
F. AHCDD and the Architect may conduct routine inspections of the construction site on a daily basis.
G. The Contractor shall, without charge, replace or correct work found by AHCDD or the Architect not to
conform to contract requirements, unless AHCDD decides that it is in their interest or that of the Owner to
accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate
and remove rejected material from the premises.
H. If the Contractor does not promptly replace or correct rejected work, AHCDD may:
(1.) by contract or otherwise, replace or correct the work and charge the cost to the Contractor;
(2.) terminate for default the Contractor's right to proceed.
I. If any work requiring inspection is covered up without approval of AHCDD, it must, if requested by AHCDD,
be uncovered at the expense of the Contractor. If at any time before final acceptance of the entire work,
AHCDD considers it necessary or advisable to examine work already completed by removing or tearing it
out, the Contractor shall, on request, promptly furnish all necessary facilities, labor, and material. If such
work is found to be defective or non-conforming in any material respect due to the fault of the Contractor or
its subcontractors, the Contractor shall defray all the expenses of the examination and of satisfactory
reconstruction. If, however, such work is found to meet the requirements of the contract, AHCDD shall make
an equitable adjustment to cover the cost of the examination and reconstruction, including, if completion of
the work was thereby delayed, an extension of time. .
J. The Contractor shall notify AHCDD and the Architect as to the date when in its opinion all or a designated
portion of the work will be substantially completed and ready for inspection. If AHCDD and the Architect
determine that the state of preparedness is as represented, the inspection will be completed promptly.
Unless otherwise specified in the contract, AHCDD shall accept, as soon as practicable after completion and
inspection, all work required by the contract or that portion of the work AHCDD and the Architect determine
and designate can be accepted separately. Acceptance shall be final and conclusive except for latent
defects, fraud, gross mistakes amounting to fraud, or the Owner's right under any warranty or guarantee.
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17. Use and Possession Prior to Completion.
A. The Owner shall have the right to take possession of or use any completed or partially completed part of the
work. Before taking possession of or using any work, the Architect shall furnish the Contractor a list of items
of work remaining to be performed or corrected on those portions of the work that the Owner intends to take
possession of or use. However, failure of AHCDD or the Architect to list any item of work shall not relieve the
Contractor of responsibility for complying with the terms of the contract. The Owner's possession or use shall
not be deemed an acceptance of any work under the contract.
B. While the Owner has such possession or use, the Contractor shall be relieved of the responsibility for:
(1.) the loss of or damage to the work resulting from the Owner's possession or use, notwithstanding the
terms of the "Permits, Licenses, and Codes" clause of this contract;
(2.) all maintenance costs on the areas occupied; and,
(3.) furnishing heat, light, power, and water used in the areas occupied without proper remuneration.
C. If prior possession or use by the Owner delays the progress of the work or causes additional expense to the
Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the
contract shall be modified in writing accordingly. '
18. Warranty otTitle.
The Contractor warrants good title to all materials, supplies, and equipment incorporated in the work and agrees to
deliver the premises, together with all improvements thereon, free from any claims, liens or charges, and agrees
further that neither it nor any other person, firm or corporation shall have any right to a lien upon the premises or
anything appurtenant thereto.
19. Warranty ot Construction.
A. In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph
J of this clause, that work performed under this contract conforms to the contract requirements and is free of
any defect in equipment, material, or workmanship performed by himself, any subcontractor, or supplier at
any tier. This warranty shall continue for a period of one year from the date of final acceptance of the work. If
the Owner takes possession of any part of the work before final acceptance, this warranty shall continue for
a period of one year from the date that the Owner takes possession. '
B. The Contractor shall remedy, at the Contractor's expense, any failure to conform, or any defect. In addition,
the Contractor shall remedy, at the Contractor's expense, any damage to the Owner's owned or controlled
real or personal property when the damage is the result of:
(1.) the Contractor's failure to conform to contract requirements; or
(2.) any defects of equipment, material, workmanship or design furnished by the Contractor.
C. The Contractor will restore any work damaged in fulfilling the terms of this clause. The Contractor's warranty
with respect to work repaired or replaced will run for one year from the date of repair or replacement.
D. The Owner shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure,
defect, or damage.
E. If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of
notice, AHCDD shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at
the Contractor's expense.
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I F. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work
performed and materials furnished under this contract, the Contractor shall:
(1.) obtain all warranties that would be given in normal commercial practice;
(2.) require all warranties to be executed in writing, for the benefit of the Owner; and,
(3.) enforce all warranties for the benefit of the Owner.
G. In the event the Contractor's warranty under this clause has expired, the Owner may bring suit at its own
expense to enforce a subcontractor, manufacturer, or supplier warranty.
H. Unless a defect is caused by the negligence of the Contractor or subcontractor at any tier, the Contractor
shall not be liable for the repair of any defective material furnished by the Owner, nor for the repair of any
damage that results from any defect in Owner furnished material.
I. Notwithstanding any provisions herein to the contrary, the establishment of the time periods in paragraphs A
and C above relate only to the specific obligation of the Contractor to correct the work, and have no
relationship to the time within which his obligation to comply with the contract may be sought to be enforced,
nor to the time within which proceedings may be commenced to establish the Contractor's liability with
respect to its obligation other than specifically to correct the work.
J. This warranty shall not limit the Owner's rights under the "Inspection and Acceptance of Construction"
clause of this contract with respect to latent defects, gross mistakes or fraud.
20. Prohibition Against Liens.
The Contractor is prohibited from placing a lien on the property of AHCDD or the City of Augusta, or it's officers or
agents. This prohibition shall apply to all subcontractors at any tier and all material suppliers.
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ADMINISTRATIVE REQUIREMENTS
1. Contract Period.
The Contractor shall complete all work required under this contract within the time schedule established in the
Notice to Proceed issued by AHCDD.
2. Order of Precedence.
In the event of a conflict between these General Conditions and the Specifications, the General Conditions shall
prevail. In the event of a conflict between the contract and any applicable state or local law or regulation, the state
or local law or regulation shall prevail; provided that such state or local law or regulation does not conflict with, or is
less restrictive than applicable federal law, regulation, or Executive Order. In the event of such a conflict, applicable
federal law, regulation, or Executive Order shall prevail.
3. Payments to Contractor.
A. Payments to the Contractor will be made by AHCDD on behalf of the Owner. AHCDD shall pay the
Contractor the price as provided in this contract.
B. Before any payment is made, an inspection by an AHCDD Rehabilitation Inspector and the Architect must be
performed. AHCDD shall make progress payments approximately every 30 days on the AHCDD-determined
value of work accomplished that meets the standards of quality established under the contract, as approved
by AHCDD and the Architect. AHCDD may, with the approval of the Director, make more frequent payments
to contractors that are qualified small businesses. '
C. Before the first progress payment under this contract, the Contractor shall furnish, in such detail as
requested by AHCDD, a breakdown of the total contract price showing the amount for each principal
category of the work, which shall substantiate the payment requested and provide a basis for determining
progress payments. The breakdown shall be approved by AHCDD. If the contract covers more than one
project, the Contractor shall furnish a separate breakdown for each. The values and quantities employed in
making up this breakdown are for determining the amount of progress payments and shall not be construed
as a basis for additions to or deductions from the contract price.
D. The Contractor shall submit, on forms provided by AHCDD, requests for payment showing the value of the
work performed during the period based upon the approved breakdown of the contract price. Such payment
requests shall be submitted only for work completed during that period and are subject to correction and
revision as required. AHCDD, the Architect, and the Owner must approve the estimates prior to payment. If
the contract covers more than one project, the Contractor shall furnish a separate progress payment
estimate for each.
E. The AHCDD payment request shall include the following certification, which shall be signed by the
Contractor, or payment shall not be made:
"I hereby certify, to the best of my knowledge and belief, that:
(1.) The amounts requested are only for performance in accordance with the specifications, terms, and
conditions of the contract;
(2.) Payments to subcontractors and suppliers have been made from previous payments received under
the contract, and timely payments will be made from the proceeds of the payment covered by this
certification, in accordance with subcontract agreements; and,
(3.) This request for progress payments does not include any amounts that the prime contractor intends to
withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the
subcontract."
Page 402-15
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GENERAL CONDITIONS
F. Except as otherwise provided in State law, AHCDD shall retain ten (10) percent of the amount of progress
payments until completion and acceptance of all work under the contract; except, that if upon completion of
50 percent of the work, AHCDD, after consulting with the Architect, determines that the Contractor's
performance and progress are satisfactory, AHCDD may make the remaining payments in full for the work
subsequently completed. If AHCDD and the Architect subsequently determine that the Contractor's
performance and progress are unsatisfactory, AHCDD shall reinstate the ten (10) percent retainage until
such time as AHCDD and the Architect determine that performance and progress are satisfactory.
G. AHCDD may authorize material delivered on the site and preparatory work already completed to be taken
into consideration when computing progress payments. Material delivered to the Contractor at locations
other than the site may also be taken into consideration if the Contractor furnishes satisfactory evidence that:
(1.) it has acquired title to such material;
(2.) the material is properly stored in a bonded warehouse, storage yard, or similar suitable place as may
be approved by AHCDD;
(3.) the material is insured to cover its full value; and
(4.) the material will be used to perform this contract.
H. Before any progress payment that includes delivered material is made, the Contractor shall furnish such
documentation as AHCDD may require assuring the protection of the Owner's interest in such materials. The
Contractor shall remain responsible for such stored material notwithstanding the transfer of title to the
Owner.
I. All material and work covered by progress payments made shall, at the time of payment become the sole
property of the Owner, but this shall not be construed as:
(1.) relieving the Contractor from the sole responsibility for all material and work upon which payments
have been made or the restoration of any damaged work; or,
(2.) waiving the right of the Owner to require the fulfillment of all of the terms of the contract.
J. In the event the Contractor's work has been damaged by other contractors or persons other than employees
of AHCDD, the Architect, or the Owner in the course of their employment, the Contractor shall restore such
damaged work without cost to AHCDD or the Owner and seek redress for its damage only from those who
directly caused it.
K. AHCDD shall make the final payment due the Contractor under this contract after:
(1.) completion and final acceptance of all work; and
(2.) presentation of release of all claims against AHCDD or the Owner arising by virtue of this contract,
other than claims, in stated amounts, that the Contractor has specifically excepted from the operation
of the release. Each such exception shall embrace no more than one claim, the basis and scope of
which shall be clearly defined.
L. The amounts for such excepted claims shall not be included in the request for final payment. A release may
also be required of the assignee if the Contractor's claim to amounts payable under this contract has been
assigned.
M. Prior to making any payment, AHCDD may require the Contractor to furnish receipts or other evidence of
payment from all persons performing work and supplying material to the Contractor, if AHCDD determines
such evidence is necessary to substantiate claimed costs.
Page 402-16
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: (Rev. 10106)
GENERAL CONDITIONS
N. Prompt Pay Act. This agreement is intended by the parties to, and does, supersede any and all provisions of
the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this agreement
is inconsistent with any provision of the Prompt Pay Act, the provision of this agreement shall control.
O. AHCDD shall not:
(1.) determine or adjust any claims for payment or disputes arising thereunder between the Contractor and
its subcontractors or material suppliers; or,
(2.) withhold any money for the protection of the subcontractors or material suppliers. The failure or refusal
of AHCDD to withhold money from the Contractor shall in nowise impair the obligations of any surety
or sureties under any bonds furnished under this contract.
4. Contract Modifications.
A Only AHCDD has authority to modify any term or condition of this contract. Any contract modification shall be
authorized in writing.
B. AHCDD may modify the contract unilaterally:
(1.) pursuant to a specific authorization stated in a contract clause (e.g., Changes); or
(2.) for administrative matters which do not change the rights or responsibilities of the parties (e.g.,
changes in addresses). All other contract modifications shall be in the form of supplemental
agreements signed by AHCDD, the Contractor, and the Owner.
C. When a proposed modification requires the approval of the Augusta-Richmond County Commission prior to
its issuance (e.g., a change order that exceeds the Owner's approved threshold), modification shall not be
effective until the required approval is received by AHCDD.
5. Changes.
A. AHCDD may at any time, without notice to the sureties, by written order indicated to be a change order,
make changes in the work within the general scope of the contract including changes:
(1.) in the specifications (including drawings and designs);
(2.) in the method or manner of performance of the work;
(3.) owner furnished facilities, equipment, materials, services, or site; or,
(4.) directing the acceleration in the performance of the work.
B. Any other written order or oral order (which, as used in this paragraph, includes direction, instruction,
interpretation, or determination) from AHCDD that causes a change shall be treated as a change order;
provided, that the Contractor gives AHCDD ~ritten notice stating:
(1.) the date, circumstances and source of the order; and
(2.) that the Contractor regards the order as a change order.
C. Except as provided in this clause, no order, statement, or conduct of AHCDD shall be treated as a change
under this clause or entitle the Contractor to an equitable adjustment.
Page 402-17
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GENERAL CONDITIONS
D. If any change under this clause causes an increase or decrease in the Contractor's cost or the time required
for the performance of any of the work under this contract, whether or not changed by any such order,
AHCDD shall make an equitable adjustment and modify the contract in writing. However, except for an
adjustment based on defective specifications, no proposal for any change under paragraph B above shall be
allowed for any costs incurred more than 20 days (5 days for oral orders) before the Contractor gives written
notice as required. In the case of defective specifications for which AHCDD or the Architect is responsible,
the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in
attempting to comply with the defective specifications.
E. The Contractor must assert its right to an adjustment under this clause within 30 days after:
(1.) receipt of a written change order under paragraph A of this clause; or
(2.) the furnishing of a written notice under paragraph B of this clause, by submitting a written statement
describing the general nature and the amount of the proposal.
F. If the facts justify it, AHCDD may extend the period for submission. The proposal may be included in the
notice required under paragraph B above. No proposal by the Contractor for an equitable adjustment shall be
allowed if asserted after final payment under this contract.
G. The Contractor's written proposal for equitable adjustment shall be submitted in the form of a lump sum
proposal supported with an itemized breakdown of all increases and decreases in the contract in at least the
following details:
(1.) Direct Costs. Materials (list individual items, the quantity and unit cost of each, and the aggregate
cost); Transportation and delivery costs associated with materials; Labor breakdowns by hours or unit
costs (identified with specific work to be performed); Construction equipment exclusively necessary for
the change; Costs of preparation and/or revision to shop drawings resulting from the change; Worker's
Compensation and Public Liability Insurance; Employment taxes under FICA and FUT A; and, Bond
Costs - when size of change warrants revision.
(2.) Indirect Costs. Indirect costs may include overhead, general and administrative expenses, and fringe
benefits not normally treated as direct costs.
(3.) ,Profit. The amount of profit shall be negotiated and may vary according to the nature, extent, and
complexity of the work required by the change.
H. The allowability of the direct and indirect costs shall be determined in accordance with the Contract Cost
Principles and Procedures for Commercial Firms in Part 31 of the Federal Acquisition Regulation (48 CFR 1-
31), as implemented by HUD Handbook 2210.18, in effect on the date of this contract. The Contractor shall
not be allowed a profit on the profit received by any subcontractor. Equitable adjustments for deleted work
shall include a credit for profit and may include a credit for indirect costs. On proposals covering both
increases and decreases in the amount of the contract, the application of indirect costs and profit shall be on
the net-change in direct costs for the Contractor or subcontractor performing the work.
I. The Contractor shall include in the proposal its request for time extension (if any), and shall include sufficient
information and dates to demonstrate whether and to what extent the change will delay the completion of the
contract in its entirety.
J. AHCDD shall act on proposals within 30 days after their receipt, or notify the Contractor of the date when
such action will be taken.
K. Failure to reach an agreement on any proposal shall be a dispute under the clause entitled "Disputes"
herein. Nothing in this clause, however, shall excuse the Contractor from proceeding with the contract as
changed.
L. Except in an emergency endangering life or property, no change shall be made by the Contractor without a
prior order from AHCDD.
Page 402-18
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GENERAL CONDITIONS
S. Suspension of Work.
A. AHCDD may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work of this
contract for the period of time that AHCDD determines appropriate for the convenience of AHCDD or the
Owner.
B. If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed,
or interrupted:
(1.) By an act of AHCDD in the administration of this contract; or
(2.) By AHCDD's failure to act within the time specified in this contract (or within a reasonable time if not
specified);
an adjustment shall be made for any increase in the cost of performance of the contract (excluding profit)
necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in
writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or
interruption to the extent that performance would have been so suspended, delayed, or interrupted by any
other cause, including the fault or negligence of the Contractor or for which any equitable adjustment is
provided for or excluded under any other provision of this contract.
C. A claim under this clause shall not be allowed:
(1.) For any costs incurred more than 20 days before the Contractor shall have notified AHCDD in writing
of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a
suspension order); and,
(2.) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the
termination of the suspension, delay, or interruption, but not later than the date of final payment under
the contract.
7. Disputes.
A. "Claim," as used in this clause, means a written demand or assertion by one of the contracting parties
seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of
contract terms, or other relief arising under or relating to the contract. A claim arising under the contract,
unlike a claim relating to the contract, is a claim that can be resolved under a contract clause that provides
for the relief sought by the claimant. A voucher, invoice, or other routine request for payment that is not in
dispute when submitted is not a claim. The submission may be converted to a claim by complying with the
requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a
reasonable time.
B. Except for disputes arising under the clauses entitled "Labor Standards" and "Labor Standards - Non-
routine Maintenance", all disputes arising under or relating to this contract, including any claims for
damages for the alleged breach thereof which are not disposed of by agreement, shall be resolved under this
clause.
C. All claims by the Contractor shall be made in writing within ten (10) calendar days from the date of the
occurrence of the dispute and submitted to AHCDD for a written decision. A claim by the Owner against
the Contractor shall be subject to a written decision by AHCDD. All claims by the Contractor shall be made in
writing and submitted toAHCDD for a written decision.
D. AHCDD shall, within 60 days after receipt of the request, decide the claim or notify the Contractor of the date
by which the decision will be made.
E. AHCDD's decision shall be final unless the Contractor:
Page 402-19
Form 402
(Rev. 10/06)
GENERAL CONDITIONS
(1.)
(2.)
(3.)
appeals in writing to the AHCDD Director in accordance with AHCDD's policies and procedures;
refers the appeal to the County Administrator for independent mediation or arbitration in accordance
with AHCDD's policies and procedures; or
files suit in the Superior Court of Richmond County, Georgia. The Contractor, by executing this
agreement, specifically consents to venue in Richmond County and waives any right to contest the
venue in the Superior Court of Richmond County, Georgia.
F. Such appeal must be made within 14 days after receipt of AHCDD's decision.
G. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any
request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any
decision of AHCDD.
8. Default.
A. AHCDD may declare the Contractor in default by written notice thereof to the Contractor, and terminate the
whole or any part of this Contract for any of the following reasons:
(1.) Failure to begin work within the time specified in the Contract or as otherwise specified;
(2.) Failure to perform the work with sufficient labor, equipment, or material to insure the completion of the
specified work in accordance with the Contract terms;
(3.) Unsatisfactory performance of the work;
(4.) 'Failure or refusal to remove material, or remove and replace any work rejected as defective or
unsatisfactory;
(5.) Discontinuance of work without approval;
(6.) Failure to resume work, which has been discontinued, within a reasonable time after notice to do so;
(7.) Insolvency or bankruptcy;
(8.) Assignment made for the benefit of creditors;
(9.) Failure or refusal within 10 days after payment by AHCDD or upon written notice by AHCDD, to make
payment or show cause why payment should not be made, of any amounts due for materials
furnished, labor performed, equipment rentals, or utility services rendered;
(10.) Failure to protect, to repair, or to make good any damage or injury to property; or
(11.) Breach of any provision of this Contract.
B. In the event that AHCDD terminates this Contract in whole or in part as provided in Subparagraph A above,
AHCDD may procure, upon such terms and in such manner as it determines; services similar or identical to
those so terminated, and the Contractor shall be liable to AHCDD for any reasonable excess costs for such
similar or identical services included within the terminated part of the Contract.
Page 402-20
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.
c.
GENERAL CONDITIONS
If the Contract is terminated as provided in Subparagraph A above, AHCDD, in addition to any other rights
provided in this paragraph, may require the Contractor to transfer title and deliver immediately to the Owner
in the manner and to the extent directed by AHCDD, such partially completed work, including, where
applicable, reports, working papers and other documentation, as the Contractor has specifically produced or
specifically acquired for the performance of such part of the Contract as has been terminated. Payment for
completed work accepted by AHCDD shall be at the Contract price. Except as provided below, payment for
partially completed work including reports and working papers, delivered to and accepted by AHCDD shall
be in an amount agreed upon by the Contractor and AHCDD. AHCDD may withhold from amounts otherwise
due the Contractor for such completed or partially completed works, such sum as AHCDD determines to be
necessary to protect AHCDD and the Owner against Ipss.
D. The rights and remedies of AHCDD provided in this paragraph shall not be exclusive and are in addition to
any other rights and remedies provided by law or under this Contract.
E. AHCDD failure to exercise any rights or remedies provided in this paragraph shall not be construed to be a
waiver by AHCDD of its rights and remedies in regard to the event of default or any succeeding event of
default.
F. The Contractor's right to proceed shall not be terminated or the Contractor charged with damages under this
clause if the delay in completing the work arises from unforeseeable causes beyond the control and without
the fault or negligence of the Contractor. Examples of such causes include:
(1.)
(2.)
(3.)
(4.)
(5.)
(6.)
(7.)
(8.)
(9.)
(10.)
(11.)
acts of God, or of the public enemy;
acts of the Owner, AHCDD, or other governmental entity in either its sovereign or contractual capacity;
acts of another contractor in the performance of a contract with AHCDD or the Owner;
fires;
floods;
epidemics;
quarantine restrictions;
strikes;
freight embargoes;
unusually severe weather; or
delays of subcontractors or suppliers at any tier arising from. unforeseeable causes beyond the control
and without the fault or negligence of both the Contractor and the subcontractors or suppliers.
G. The Contractor, within 10 days from the beginning of such delay (unless extended by AHCDD) must notify
AHCDD in writing of the causes of delay. AHCDD shall ascertain the facts and the extent of the delay. If, in
the judgment of AHCDD, the findings of fact warrant such action, time for completing the work shall be
extended by written modification to the contract. The findings of AHCDD shall be reduced to a written
decision that shall be subject to the provisions of the "Disputes" clause of this contract.
H. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in
default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the
termination had been for convenience of AHCDD and the Owner.
I
Page 402-21
Form 402
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GENERAL CONDITIONS
9. Liquidated Damages.
A. If the Contractor fails to complete the work within the time specified in the contract, or any extension, as
specified in the clause entitled "Default" of this contract, the Contractor shall pay to the Owner, as liquidated
damages, the sum of $100.00 for each day of delay. If different completion dates are specified in the contract
for separate parts or stages of the work, the amount of liquidated damages shall be assessed on those parts
or stages which are delayed. To the extent that the Contractor's delay or nonperformance is excused under
another clause in this contract, liquidated damages shall not be due the Owner. The Contractor remains
liable for damages caused other than by delay.
B. If AHCDD terminates the Contractor's right to proceed, the resulting damage will consist of liquidated
damages until such reasonable time as may be required for final completion of the work together with any
increased costs occasioned AHCDD in completing the work.
C. If AHCDD does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated
damages until the work is completed or accepted.
10. Termination for Convenience.
A. AHCDD may terminate this contract in whole, or in part, whenever AHCDD determines that such termination
is in the best interest of AHCDD and the Owner. Any such termination shall be effected by delivery to the
Contractor of a Notice of Termination specifying the extent to which the performance of the work under the
contract is terminated, and the date upon which such termination becomes effective.
B. If the performance of the work is terminated, either in whole or in part, AHCDD and the Owner shall be liable
to the Contractor for reasonable and proper costs resulting from such termination upon the receipt by
AHCDD of a properly presented claim setting out in detail:
(1.) the total cost of the work performed to date of termination less the total amount of contract payments
made to the Contractor;
(2.) the cost (including reasonable profit) of settling and paying claims under subcontracts and material
orders for work performed and materials and supplies delivered to the site, payment for which has not
been made by AHCDD to the Contractor or by the Contractor to the subcontractor or supplier;
(3.) the cost of preserving and protecting the work already performed until the Owner or assignee takes
possession thereof or assumes responsibility therefor;
(4.) the actual or estimated cost of legal and accounting services reasonably necessary to prepare and
present the termination claim to AHCDD; and
(5.) an amount constituting a reasonable profit on the value of the work performed by the Contractor.
C. AHCDD will act on the Contractor's claim within 60 days of receipt of the Contractor's claim.
D. Any disputes with regard to this clause are expressly made subject to the provisions of the "Disputes"
clause of this contract.
11. Assignment of Contract.
A. Subject to the terms and conditions of this Contract, this Contract shall be binding upon the parties and their
respective successors and assigns.
B. The Contractor shall not subcontract with any person or entity to perform all or any part of the work to be
performed under this Contract without the prior written consent of AHCDD, which consent may be withheld at
the sole and absolute discretion of AHCDD.
Page 402-22
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GENERAL CONDITIONS
C. The Contractor may not assign, in whole or in part, this Contract or its rights, duties, obligations, or
responsibilities hereunder without the prior written consent of AHCDD, which consent may be withheld at the
sole and absolute discretion of AHCDD.
D. The Contractor may not, without the consent of AHCDD, assign its rights to payment to be received under
the Contract.
E. For the purposes of this Contract, the term "assign" shall include, but shall not be limited to, the sale, gift,
assignment, pledge, or other transfer of any ownership interest in the Contractor provided, however, that the
, term shall not apply to the sale or other transfer of stock of a publicly traded company.
F. Any assignment consented to by AHCDD shall be evidenced by a written assignment agreement executed
by the Contractor and its assignee in which the assignee agrees to be legally bound by all of the terms and
conditions of the Contract and to assume the duties, obligations, and responsibilities being assigned.
G. A change of name by the Contractor, following which the Contractor's federal tax identification number
remains unchanged, shall not be considered to be an assignment hereunder. The Contractor shall give
AHCDD written notice of any such change of name.
12. Insurance and Bonds.
A. 'Before commencing work, the Contractor and each subcontractor shall furnish AHCDD with certificates of
insurance showing the following insurance is in force and will insure all operations under the Contract:
(1.) Workers' Compensation, in accordance with State of Georgia Workers' Compensation laws.
(2.) Commercial General Liability with a combined single limit for bodily injury and property damage of not
less than $1,000,000 per occurrence to protect the Contractor and each subcontractor against claims
for bodily injury or death and damage to the property of others. This shall cover the use of all
equipment, hoists, and vehicles on the site(s) not covered by Automobile Liability under (3) below. If
the Contractor has a "claims-made" policy, then the following additional requirements apply: the policy
must provide a "retroactive date" which must be on or before the execution date of the Contract; and
the extended reporting period may not be less than five years following the completion date of the
Contract.
(3.) Automobile Liability on owned and non-owned motor vehicles used on the site(s) or in connection
therewith for a combined single limit for bodily injury and property damage of not less than $1,000,000
per occurrence.
B. Before commencing work, the Contractor shall furnish AHCDD with a certificate of insurance evidencing that
Builder's Risk (fire and extended coverage) Insurance on all work in place and/or materials stored at the
building site(s), including foundations and building equipment, is in force. The Builder's Risk Insurance shall
be for the benefit of the Contractor and the Owner as their interests may appear and each shall be named in
the policy or policies as an insured. The Contractor in installing equipment supplied by the Owner shall carry
insurance on such equipment from the time the Contractor takes possession thereof until AHCDD and the
Owner accept the Contract work. The Builder's Risk Insurance need not be carried on excavations, piers,
footings, or foundations until such time as work on the superstructure is started. It need not be carried on
landscape work. Policies shall furnish coverage at all times for the full cash value of all completed
construction, as well as materials in place and/or stored at the site(s), whether or not partial payment has
been made by AHCDD. The Contractor may terminate this insurance on buildings as of the date taken over
for occupancy by the Owner. The Contractor is not required to carry Builder's Risk Insurance for
modernization work that does not involve structural alterations or additions and where the Owner's existing
fire and extended coverage policy can be endorsed to include such work.
I
Page 402-23
Form 402
(Rev. 10106)
GENERAL CONDITIONS
c. Prior to signing of the Construction Contract, the Contractor must furnish a Performance Bond and Labor and
Material Payment Bond covering the faithful performance of the Contract and the payment of all obligations
arising thereunder, issued at 100% of the Contract Amount for all coverages. The Performance Bond and the
Labor and Material Payment Bond may be in one, or may be in separate instruments, in accordance with
local law.
D. The Contractor shall furnish copies of all insurance certificates to AHCDD before commencing with the work,
showing evidence of coverage and naming as additional insured to the policies the Owner, including their
respective Commissioners, Board Members, Officers, Agents and Employees, individually and collectively.
The contractor shall not be allowed to commence work until the required certificates are provided to AHCDD.
Additionally, should the insurance become ineffective or lapse during construction, AHCDD shall require the
contractor to cease work until such time as the contractor submits proof of insurance in compliance with the
requirements of this contract. If such suspension of work is necessary, the contractor shall not be entitled to
addition time to complete the work.
E. All insurance shall be carried with companies that are financially responsible and admitted to do business in
the State of Georgia. If any such insurance is due to expire during the construction period, the Contractor
(including subcontractors, as applicable) shall not permit the coverage to lapse'and shall furnish evidence of
coverage to AHCDD. All certificates of insurance, as evidence of coverage, shall provide that no ,coverage
may be canceled or non-renewed by the insurance company until at least 30 days prior written notice has
been given to AHCDD.
13. Subcontracts.
A. Definitions. As used in this contract:
(1.) "Subcontract" means any contract, purchase order, or other purchase agreement, including
modifications and change orders to the foregoing, entered into by a subcontractor to furnish supplies,
materials, equipment, and services for the performance of the prime contract or a subcontract.
.' (2.) "Subcontractor" means any supplier, vendor, or firm that furnishes supplies, materials, equipment,
and services for the performance of the prime contract or a subcontract.
B. No subcontract for assignment of this contract shall be made without the written consent of AHCDD.
C. The Contractor shall not enter into any subcontract with any subcontractor who has been denied participation
in any AHCDD or HUD program or who has been suspended or debarred from participating in contracting
programs by the City of Augusta, AHCDD, HUD, or any other agency of the United States Government or of
the State of Georgia.
D. The Contractor shall be fully responsible for the acts or omissions of its subcontractors, and of persons either
directly or indirectly employed by them as for the acts or omissions of persons directly employed by the
Contractor.
E. The Contractor shall insert appropriate clauses in all subcontracts to bind subcontractors to the terms and
conditions ,of this contract insofar as they are applicable to the work of subcontractors.
F. Nothing contained in this contract shall create any contractual relationship between any subcontractor and
AHCDD or between any subcontractor and the Owner.
Page 402-24
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GENERAL CONDITIONS
I 14. Subcontracting with Small and Minority Firms, Women's Business Enterprise. and Labor Surplus Area
Firms.
The Contractor shall take the following steps to ensure that, whenever possible, subcontracts are awarded to small
business firms, minority firms, women's business enterprises, and labor surplus area firms:
A. ~ Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
B. Ensuring that small and minority businesses and women's business enterprises are solicited whenever they
are potential sources;
C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses and women's business enterprises;
D. Establishing delivery schedules, where the requirements of the contract permit, which encourage
participation by small and minority businesses and women's business enterprises; and
E. Using the services and assistance of the U.S. Small Business Administration, the Minority Business
Development Agency of the U.S. Department of Commerce, and State and local governmental small
business agencies. '
15. Equal Employment Opportunity.
A. During the performance of this contract, the Contractor agrees as follows:
(1.) The Contractor shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, national origin, or handicap.
(2.) The Contractor shall take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, national
origin, or handicap. Such action shall include, but not be limited to:
(a) employment;
(b) upgrading;
(c) demotion;
(d) transfer;
(e) recruitment or recruitment advertising;
(f) layoff or termination;
(g) rates of payor other forms of compensation; and
(h) selection for training, including apprenticeship.
B. The Contractor shall post in conspicuous places available to employees and applicants for employment the
notices to be provided by AHCDD that explain this clause.
C.
The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, national origin, or handicap.
I
Page 402-25
Form 402 GENERAL CONDITIONS
(Rev. 10106)
I D. The Contractor shall 'send, to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, the notice to be provided by AHCDD advising the
labor union or workers' representative of the Contractor's commitments under this clause, and post copies of
the notice in conspicuous places available to employees and applicants for employment.
E. The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders
of the Secretary of Labor.
F. The Contractor shall furnish all information and reports required by Executive Order 11246, as amended,
Section 503 of the Rehabilitation Act of 1973, as amended, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and
accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
G. In the event of a determination that the Contractor is not in compliance with this clause or any rule,
regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in
whole or in part, and the Contractor may be declared ineligible for further Government contracts, or Federally
assisted construction contracts under the procedures authorized in Executive Order 11246, as amended. In
addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive
Order 11246, as amended, the rules, regulations; and orders of the Secretary of Labor, or as otherwise
provided by law.
H. The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order
unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order
11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.
The Contractor shall take such action with respect to any subcontract or purchase order as the Secretary of
Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such
provisions, including sanctions for noncompliance; provided that if the Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may
request the United States to enter into the litigation to protect the interests of the United States.
16. Employment, Training, and Contracting Opportunities for Low-Income Persons, Section 3 of the Housing
and Urban Development Act of 1968.
A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to
ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by section 3, shall, to the greatest extent feasible, be directed to low-and very low-income
persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD regulations in 24 CFR part 135, which implement
section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from complying with the part 135
regulations.
c. The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor
organization or workers representative of the contractors commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees and applicants for
training and employment positions can see the notice. The notice shall describe the section 3 preference,
shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person{s) taking applications for each
of the positions; and the anticipated date the work shall begin.
I
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D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision
of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the
contractor has knowledge that the subcontractor has ,been found in violation of the regulations in 24 CFR
part 135.
E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1)
after the contractor is selected but before the contract is executed, and (2) with persons other than those to
whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to
circumvent the contractors obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
G. In the event of a determination by AHCDD that the Contractor is not in compliance with this clause or any
rule, regulation, or report submission requirements of AHCDD, this contract may be canceled, terminated, or
suspended in whole or in part, and the Contractor may be declared ineligible for further AHCDD contracts.
17. Interest of Members of Congress.
No member of or delegate to the Congress of the United States of America shall be admitted to any share or part of
this contract or to any benefit that may arise therefrom.
18. Interest of Members. Officers, or Employees and Former Members, Officers, or Employees.
No member, officer, or employee of AHCDD, the Owner, no member of the governing body of the City of Augusta,
and no other public official of the City of Augusta who exercises any functions or responsibilities with respect to the
project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract
or the proceeds thereof.
19. Limitations on Payments Made to Influence Certain Federal Financial Transactions.
A. The Contractor agrees to comply with Section 1352 of title 31, United States Code which prohibits the use of
Federal appropriated funds to pay any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a
Member of Congress in connection with any of the following covered Federal actions: the awarding of any
Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any
cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement.
B. The Contractor further agrees to comply with the requirement of the Act to furnish a disclosure (OMB
Standard Form LLL, Disclosure of Lobbying Activities) if any funds other than Federal appropriated funds
(including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
a Federal contract, grant, loan, or cooperative agreement.
C. Indian tribes (except those chartered by States) and Indian organizations as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450B) are exempt from the requirements of this
clause.
Page 402-27
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GENERAL CONDITIONS
I ~O. Royalties and Patents.
The Contractor shall pay all royalties and license fees. It shall defend all suits or claims for infringement of any
patent rights and shall save AHCDD and the Owner harmless from loss on account thereof; except that AHCDD,
the Architect, and the Owner shall be responsible for all such loss when a particular design, process or the product
of a particular manufacturer or manufacturers is specified and the Contractor has no reason to believe that the
specified design, process, or product is an infringement. If, however, the Contractor has reason to believe that any
design, process or product specified is an infringement of a patent, the Contractor shall promptly notify AHCDD.
Failure to give such notice shall make the Contractor responsible for resultant loss.
21. Examination and Retention of Contractor's Records.
A. AHCDD, HUD, or the Comptroller General of the United States, or any of their duly authorized
representatives shall, until 3 years after final payment under this contract, have access to and the right to
examine any of the Contractor's directly pertinent books, documents, papers, or other records involving
transactions related to this contract for the purpose of making audit, examination, excerpts, and
transcriptions.
B. The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same
as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders not exceeding
$10,000.
C. The periods of access and examination in paragraphs A and B above for records relating to (1) appeals
under .the "Disputes" clause of this contract, (2) litigation or settlement of claims arising from the
performance of this contract, or (3) costs and expenses of this contract to which AHCDD, HUD, or
Comptroller General or any of their duly authorized representatives has taken exception shall continue until
disposition of such appeals, litigation, claims, or exceptions.
22. Labor Standards - Davis-Bacon and Related Acts.
If the total amount of this contract exceeds $2,000, the Federal labor standards set forth in the clause below shall
apply to the construction work to be performed under the contract, except if the construction work has been
determined to be "Non-routine Maintenance" subject to the terms of that clause of this contract.
23. Minimum Wages.
I
A.
All laborers and mechanics employed or working upon the site of the work (or, under the United States
Housing Act of 1937 or under the Housing Act of 1949, in the construction or development of the project) 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 issued by the Secretary of
Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or
cash equivalents thereof) due at time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to exist between the Contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section
1 (b )(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1 )(iv); also, regular contributions made or
costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs, which cover the regular weekly period, are deemed to be constructively made or incurred during
such weekly period. Such laborers and mechanics shall be paid not less than the appropriate wage rate and
fringe benefits in the wage determination for the classification of work actually performed, without regard to
skill, except as provided in 29 CFR Part 5.5(a)(4). 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
Page 402-28
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GENERAL CONDITIONS
I
, in which work is performed. The wage determination (including any additional classification and wage rates
conformed under 29 CFR 5.5(a)(1 )(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by
the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can
be easily seen by the workers.
B.
Any class of laborers or mechanics which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage determination. HUD shall
approve an additional classification and wage rate and fringe benefits therefor only when all the following
criteria have been met:
(1.) The work to be performed by the classification requested is not performed by a classification in the
wage determination;
(2.) The classification is utilized in the area by the construction industry; and
(3.) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination.
c. If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or its designee agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its
designee to the Administrator of the Wage and Hour Division, Employee Standards Administration, U.S.
Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise
HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is
. necessary.
D. In the event the Contractor, the laborers or mechanics to be employed in the classification or their
representatives, and HUD or its designee do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the
questions, including the views of all interested parties and the recommendation of HUD or its designee, to
the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will
notify HUD or its designee within the 30-day period that additional time is necessary.
E. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (b)(2)(ii)
or (iii) of this clause shall be paid to all workers performing work in the classification under this contract from
the first day on which work is performed in the classification.
F. Whenever: the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
G. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as
part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in 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.
H.
Withholding of funds. HUD or its designee shall, upon its own action or upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this
contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted
contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime Contractor,
so much of the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor
I
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Form 402 GENERAL CONDITIONS
(Rev. 10106)
I the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the site of the work (or, under the United
States Housing Act of 1937 or under the Housing Act of 1949, in the construction or development of the "
project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the
Contractor, take such action as necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such, violations have ceased. HUD or its designee may, after written notice to the
Contractor, disburse such amounts withheld for and on account of the Cortractor or subcontractor to the
respective employees to whom they are due. The Comptroller General shall make such disbursements in the
case of direct Davis-Bacon Act contracts.
24. Payrolls and basic records.
A. Payrolls and basic records relating thereto shall be maintained by the Contractor during. the course of the
work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of
the work (or, under the United States Housing Act of 1937 or under the Housing Act of 1949, in the
construction or development of the project). Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification, hourly rates of wages paid (including
rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in section 1 (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR
5.5(a)(1 )(iv), that the wages of any laborer or mechanic include the amount of costs reasonably anticipated in
providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the
Contractor shall maintain records which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and r:ecords which show the costs anticipated or the actual cost
incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage' rates prescribed in the
applicable programs.
B. The Contractor shall submit weekly for each week in which any contract work is performed a copy of all
payrolls to AHCDD for transmission to HUD or its designee. The payrolls submitted shall set out accurately
and completely all of the information required to be maintained under subparagraph C (1) of this clause. This
information may be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005-
00014-1) is available for this purpose and may be purchased from the Superintendent of Documents, U.S.
Government Printing Office, Washington, DC 20402. The prime Contractor is responsible for the submission
of copies of payrolls by all subcontractors.
C. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or
subcontractor or his or her 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 C of this clause and that such information is correct and complete;
(2.) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in 29 CFR Part 3; and
(3.) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the contract.
I
Page 402-30
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GENERAL CONDITIONS
D. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirements for submission of the "Statement of Compliance" required by
subparagraph C of this clause.
E. The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or
criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.
F. The Contractor or subcontractor shall make the records required under subparagraph D available for
inspection, copying, or transcription by authorized representatives of HUD or its designee, AHCDD, or the
Department of Labor and shall permit such representatives to interview employees during working hours on
the job. If the Contractor or subcontractor fails to submit the required records or to make them available,
HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit
the required records upon request or to make such records available may be grounds for debarment action
pursuant to 29 CFR 5.12. .
G. Apprentices. Apprentices will be permitted to work at 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 U.S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person
is employed in his or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who has been certified by the
Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible
for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job
site in any craft classifi~ation shall not be greater than the ratio permitted to the Contractor as to the entire
work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is
not registered or otherwise employed as stated in this paragraph, shall be paid not less than the applicable
wage rate on the wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the registered program shall
be paid not less than the applicable wage rate on the wage determination for the work actually performed.
Where a contractor is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in
the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at
not less than the rate specified in the registered program for the apprentice's level of progress, expressed as
a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall
be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on
the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division
determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid
in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the
Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
H. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at 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 U.S. Department of
Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not
be greater than permitted under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program for the trainee's level of
progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the corresponding journeyman wage rate
in the wage determination which provides for less than full fringe benefits for apprentices. Any employee
Page 402-31
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(Rev. 10106)
.
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 in 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 in the wage determination for the work actually performed. In the event the Employment
and Training Administration withdraws approval of a training program, the Contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
I. Equal employment opportunity. The utilization of apprentices" trainees, and journeymen under this clause
shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
J. Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR
Part 3, which are hereby incorporated by reference in this contract.
K. Contract termination; debarment. A breach of this contract clause may be grounds for termination of the
contract and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12.
L. Compliance with Davis-Bacon and related Act requirements. All rulings and interpretations of the Davis-
Bacon and related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this
contract.
M. Disputes 'concerning labor standards. Disputes arising out of the labor standards provisions of this clause
shall not be subject to the general dispute clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between the Contractor (and any of its subcontractors)
and AHCDD, HUD, the U.S. Department of Labor, or the employees or their representatives.
25. Certification of eligibility.
A. By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm
who has an interest in the Contractor's firm is a person or firm ineligible to be awarded contracts by the
United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
B. No part of this contract shall be subcontracted to any person or firm ineligible to be awarded contracts by the
United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
C. The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001.
26. Contract Work Hours and Safety Standards Act.
As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards.
A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics, including watchmen and guards, shall
require or permit any such laborer or mechanic in any workweek in which the individual is employed on such
work to, work in excess of 40 hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in
excess of 40 hours in such workweek.
B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions
set forth in subparagraph J (1) of this clause, the Contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a territory, to such District or to
such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each
I individual laborer or mechanic (including watchmen and guards) employed in violation of the provisions set
forth in subparagraph J (1) of this clause, in the sum of $10 for each calendar day on which such individual
Page 402-32
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GENERAL CONDITIONS
I
was required or permitted to work in excess of the standard workweek of 40 hours without payment of the
overtime wages required by provisions set forth in subparagraph J (1) of this clause.
C. Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under
any such contract or any Federal contract with the same prime Contractor, or any other Federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime
Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or
subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in
subparagraph J (2) of this clause.
27. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this
clause, and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause
requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall
be responsible for the compliance by any subcontractor or lower tier subcontractor with all these provisions.
28. Labor Standards - Non-routine Maintenance. Not applicable.
29. Non-Federal Prevailing Wage Rates.
A. Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under State law to
be prevailing, with respect to any employee in any trade or position employed under the contract, is
inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with
respect to employees engaged under the contract whenever either of the following occurs:
(1.) Such non-Federal prevailing wage rate exceeds:
(a) the applicable wage rate determined by the Secretary of Labor pursuant to the Davis-Bacon Act
(40 U.S.C. 276a et seq.) to be prevailing in the locality with respect to such trade;
(b) an applicable apprentice wage rate based thereon specified in an apprenticeship program
registered with the Department of Labor or a DOL-recognized State Apprenticeship Agency;
(c) an applicable trainee wage rate based thereon specified in a DOL-certified trainee program.
B. Such non-Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate
determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position.
Page 402-33
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Project #:
SUPPLEMENTAL CONDITIONS
.. Architect: Architectural and Engineering services for this project will be provided by:
2. Approved Equal:
Whenever a product is defined in this invitation by trade name and catalogue number of a
manufacturer or contractor, the term "or approved equal", if not inserted therewith shall be implied.
Any reference to a particular manufacturer1s product either by trade name or by limited description
is solely for the purpose of more clearly indicating the minimum standard of quality desired, except
where a "no substitute" is requested. When a "no substitute" is requested. the housing authority
will consider bids for the referenced product only. The term "or approved equal" is defined as
meaning any other make which, in the sole opinion of the Augusta Housing & Community
Development Department (AHCDD), is of such character, quality and performance equivalence as
to meet the standard of quality of products specified for which it is to be used equally as well as
that specified. The bidder quoting on a product other than the referenced product shall furnish
complete identification on the bid form of the product he is offering by trade' name, brand and/or
model number. The bidder shall also furnish with his/her bid, descriptive literature and data with
respect to the substitute product he proposes to furnish. Bidders offering a substitute shall also
indicate any known specification deviations from the referenced product.
3. Delivery:
All materials and products shall be delivered F .O.B. Destination with any delivered duty paid
(DDP). The contractor agrees to bear the risk of loss, injury or destruction of products ordered
which occur prior to receipt and acceptance by AHCDD. Such loss, injury or destruction shall not
release contractor from any contractual obligations. All products must be delivered within the time
period specified on the order. Time is of the essence and, in addition to any other remedies
contained in this invitation for bid, the order is subject to termination for failure to deliver as
specified. In the event of termination, AHCDD shall have the right to purchase in the open market
a corresponding quantity of the products and the contractor shall be responsible for any excess
cost to the Owner/AHCDD.
I
4. Inspection and Rejection:
No product received by AHCDD shall be deemed accepted until AHCDD has had a reasonable
opportunity to inspect said product. Any product. which is discovered to be defective or fails to
conform to the specifications may be rejected upon initial inspection or at any later time if the
defects contained in the products or the noncompliance with the specifications were not
reasonably ascertainable upon the initial inspection. The decision of AHCDD shall be final. It shall
thereupon become the duty of the contractor to remove rejected products from the premises
without expense to AHCDO within fifteen (15) days notification. Rejected products left longer than
fifteen (15) days will be regarded as abandoned, and AHCDD shall have the right to dispose of
them as its own property and shall retain that portion of the proceeds of any sale which represents
Page 403-1
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SUPPLEMENTAL CONDITIONS
AHCDD costs and expenses in regard to the storage and sale of the products. Upon notice of
rejection, the contractor shall immediately replace all such rejected products with others
conforming to the specifications and which are not defective. If the contractor fails, neglects or
refuses to do so, AHCDD shall then have the right to purchase in the open market a
corresponding quantity of such products, and deduct from any monies due or that may thereafter
become due to the contractor, the difference between the price stated in the contract or purchase
order and the actual cost thereof to AHCDD.
5. AHCDD Approval of Subcontracts.
A. Any proposed subcontracts shall be disclosed in Contractor's bid submission. Contractor -shall
furnish such written information as AHCDD may require concerning the proposed
subcontractor. together with the proposed subcontractor's Non-Collusion Affidavit in the form
prescribed by AHCDD within 5 days of AHCDD request for such information. Any objection
shall be expressed in writing by AHCDD within ten (10) days after receipt.
B. AHCDD may. without claim for extra cost by the contractor, disapprove any subcontractor for
cause on the basis of its own determination or because of the fact that the proposed
subcontractor is listed as ineligible to receive awards of contracts from the United States on a
current AHCDD list or list furnished by HUD.
c. Nothing contained in the contract shall create any contractual relation between any
subcontractor and AHCDD.
6. Withholding for damages. AHCDD may withhold, or cause to be withheld, from any monies
payable for acceptable work performed by the contractor or subcontractor, 'damages caused by
the contractor or subcontractor, or other claims against the contractor or subcontract such sums
as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor.
7. Hold Harmless. It is understood and agreed that contractor shall be deemed and considered an
independent contractor in respect to the work covered by this Agreement, and shall assume all
risk and responsibility for casualties of every description in connection with the work which can be
attributed either directly or indirectly to the contractor. Contractor itself, its successors, assigns,
heir, executors and administrators, agrees to indemnify. defend and save harmless the Owner and
AHCDD, all its officers and subordinates:
A. from all suits and actions of every nature brought against AHCDD or any of them for or on
account of any damage or loss sustained by AHCDD, and does agree to pay any and all such
damages including costs of litigation and counsel fees whether defended by AHCDD or
contractor; and
~
Page 403-2
Form 403
(Rev. 10106)
Project #:
SUPPLEMENTAL CONDITIONS
B. if the contractor is required to enter premises owned, leased. occupied by or under the control
of the Owner during the performance of this contract, the contractor shall indemnify and hold
harmless both the Owner and AHCDD, its officers and employees, from any loss, cost,
damage expense or liability by reason of property damage, or personal injury, including death,
of whatsoever nature or kind arising out of as a result of such performance, whether arising out
of actions of the contractor or any of its employees, subcontractor, and lower tier
subcontractors. It is not the intention of this contract or anything herein provided to confer a
third party beneficiary right or action upon any person whatsoever and nothing herein before or
herein after set forth shall be construed so as to confer upon any person other than the Owner
and AHCDD a right of action either under this contractor or in any manner whatsoever.
8. Taxes, Industrial Laws and Benefits. In all matters relating to this contract, the contractor shall
be acting as an independent contractor. Neither the contractor nor any of the persons furnishing
materials or performing work or services which are required by this contract are employees of
AHCDD within the meaning of or the application of any federal, or state unemployment insurance
law, or other social security, or any workmen's compensation, industrial accident law, or other
industrial or labor laws. At its own expense. the contractor shall comply with such laws and
assume all obligations imposed by anyone or more of such laws with respect to this contract. In
addition, contractor shall be liable for the payment of all 'federal, state and local taxes, and any
special assessments.
9. No Waiver of Conditions. Failure of AHCDD to insist on strict performance shall not constitute a
waiver of any of the provisions of this contract or waiver of any default of the contractor.
10. Severability. If any provision of this contract, or any application thereof to any person or
circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this
contract which can be given effect without the invalid provisions or application, and to this end the
provisions of this contract are severable.
I
Page 403-3
Form 404
(Rev. 10106)
ADDITIONAL SUPPLEMENTAL CONDITIONS
I 1. Employment, Training, and Contracting Opportunities for' Low-Income Persons, Section 3
of the Housing and Urban Development Act of 1968.
The work to be performed under this contract is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities generated by HUD-
assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-
and very low-income persons. particularly persons who are recipients of HUD assistance for
housing.
2. Employment Opportunities Generated By Section 3 Covered Assistance.
All employment opportunities generated by the expenditure of Section 3 covered public and Indian
housing assistance (Le., operating assistance, development assistance and modernization
assistance, as described in Section 135.3(a)(1)). With respect to Section 3 covered housing and
community development assistance, this term means all employment opportunities arising in
connection with Section 3 covered projects (as described in Section 135.3(a)(2)), including
management and administrative jobs connected with the Section 3 covered project. Management
and administrative jobs include architectural, engineering or related professional services required
to prepare plans, drawings, specifications, or work write-ups; and jobs directly related to
administrative support. of these activities, e.g., construction manager, relocation specialist, payroll
clerk, etc.
J. Definitions:
A. Section 3 resident means:
(1) A public housing resident; or
(2) An individual who resides in the metropolitan area or non-metropolitan county in which the
Section 3 covered assistance is expended, and who is:
(a) A low-income person, as this term is defined in Section 3(b )(2) of the 1937 Act (42
U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean
families (including single persons) whose incomes do not exceed 80% of the median
income for the area. as determined by the Secretary, with adjustments for smaller
and larger families, except that the Secretary may establish income ceilings higher or
lower than 80% of the median for the area on the basis of the Secretary's findings
that such variations are necessary because of prevailing levels of construction costs
or unusually high or low-income families; or
I
(b) A very low-income person, as this term is defined in Section 3(b)(2) of the 1937 Act
(42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2))
defines this term to mean families (including single persons) whose incomes do not
exceed 50% of the median family income for the area, as determined by the
Secretary with adjustments for smaller and larger families, except that the Secretary
may establish income ceilings higher or lower than 50% of the median for the area on
Page 404-1
-
Form 404
(Rev. 10/06)
ADDITIONAL SUPPLEMENTAL CONDITIONS
r
the 'basis of the Secretary's findings that such variations are necessary because of
unusually high or low family incomes.
(c) A person seeking the training and employment preference provided by Section 3
bears the responsibility of providing evidence, if requested, that he/she is eligible for
the preference. Section 8 assistance means assistance provided under Section 8 of
the 1937 Act (42 U.S.C. 1437f) pursuant to 24 CFR part 882, subpart G.
B. Section 3 business concern means a business concern, as defined in this Section:
(1) That is 51 percent or more owned by Section 3 residents; or
(2) , Whose permanent, full-time employees include persons, at least 30 percent of whom are
currently Section 3 residents, or within three years of the date of first employment with the
business concern were Section 3 residents; or
(3) That provides evidence of a commitment to subcontract in excess of 25 percent of the
dollar award of all su bcontracts to be awarded to business concerns that meet the
qualifications set forth in paragraphs (1) or (2) in this definition of "Section 3 business
concern."
c. Subcontractor means any entity (other than a person who is an employee of the contractor)
which has a contract with a contractor to undertake a portion of the contractor's obligation for
the performance of work generated by the expenditure of Section 3 covered assistance, or
arising in connection with a Section 3 covered project.
D. Section 3 clause means the contract provisions set forth in Sec. 135.38.
E. Section 3 covered activity means any activity that is funded by Section 3 covered assistance
public and Indian housing assistance.
4. Responsibilities of the Owner.
The Owner has the responsibility to comply with Section 3 in its own operations, and ensure
compliance in the operations of its contractors and subcontractors~ This responsibility includes but
may not be necessarily limited to:
A. Implementing procedures designed to notify Section 3 residents about training and
employment opportunities generated by Section 3 covered assistance and Section 3 business
concerns about contracting opportunities generated by Section 3 covered assistance;
B. Notifying potential contractors for Section 3 covered projects of the requirements of this
part, and incorporating the Section 3 clause in all solicitations and contracts;
I
C. Facilitating the training and employment of Section 3 residents and the award of contracts
to Section 3 business concerns by undertaking activities to reach the goals set forth in Section
135.30;
Page 404-2
Form 404
(Rev. 10106)
ADDITIONAL SUPPLEMENTAL CONDITIONS
I
D. Assisting in obtaining the compliance of contractors and subcontractors with the requirements
of this part, and refraining from entering into any contract with any contractor where the
recipient has notice or knowledge that the contractor has been found in violation of the
regulations in 24 CFR part 135; and
E. Documenting actions taken to comply with the requirements of this part, the results of actions
taken and impediments, if any.
5. Employment and Contracting with Residents, Resident-owned Businesses, Small and
Other Businesses.
A. General. The Owner strongly supports a policy of contracting and providing employment
opportunities with residents and resident-owned businesses. Accordingly, agencies are
strongly encouraged to contract with residents and resident-owned businesses whenever
possible.
B. Section 3 of the HUD Act of 1968.
(1) This law requires that the Owner make an effort to ensure that individuals or firms located
in or owned in substantial part by persons residing in the area of a project are used when
possible. The regulations describing this program are in 24 CFR Part 135 and the contract
form includes a clause implementing this requirement.
(2) Employment and training opportunities for pre-apprentices, apprentices and other training
programs for residents will assist the Owner in meeting resident employment, training, and
local contracting objectives under Section 3. Further guidance is provided in Federal
Register Notice, dated October 6, 1992 and HUD Notice 92-01-SL (See Appendix 32).
(3) HUD Handbook 8023.1, Implementing Section 3 of the Housing and Urban Development
Act of 1966 provides guidance regarding compliance with Section 3. Some of the important
provisions include but are not limited to ~he following:
(a) Solicitations, regardless of the method, must advise prospective contractors of the
Section 3 requirements.
(b) The Section 3 contract clause must be included in all covered contracts.
(c) The Owner and its contractors must make a good faith effort to provide, to the greatest
extent feasible; training and employment to lower income residents of the unit of local
government in connection with the work on an assisted project. In filling vacancies,
The Owner and its contractors may prominently post notices at the project site and in
the Owner Office and may contact resident councils and resident management
corporations, in addition to their other recruitment efforts, to meet the requirements of
Section 3.
(d) The Owner and its contractors must make a good faith effort to award contracts, to the
greatest extent feasible, to businesses located in or owned in substantial part by
persons residing in the City of Augusta. In meeting this requirement the Owner should
I
Page 404-3
Form 404
(Rev. 10106)
ADDITIONAL SUPPLEMENTAL CONDITIONS
I
consider use of the alternative procurement procedures at 24 CFR Part 963. See
paragraph 6 below.
(e) Contractors must make a good faith effort to award subcontracts to businesses
located in the City of Augusta or substantially owned by persons residing in the City of
Augusta.
6. Resident-Owned Business.
A. HUD issued a final rule at 24CFR Part 963 which allows the Owner to use an alternative
procurement process when contracting with businesses owned in substantial part by residents
(resident-owned businesses) for public housing services, supplies, or construction. As stated
in paragraph S. HUD strongly encourages the Owner to contract with resident businesses to
the maximum extent feasible. This has been a proven strategy for moving low-income persons
out of poverty and dependency. The alternative procurement process is based on the
established procurement procedures and requirements set forth in HUD regulations at 24 CFR
85.36, but limits solicitation to resident-owned businesses. The purpose of this rule is to
enhance the economic opportunities available to residents by facilitating the award of the
Owner contracts to resident-owned businesses that are capable of performing successfully
under a proposed City contract at a reasonable price.
B. The alternative procurement process under 24 CFR 963 is as follows:
(1) The Owner prepares an independent cost estimate for the procurement.
(2) The Owner selects the appropriate method of procurement (small purchase, sealed
bidding, competitive proposals, or noncompetitive proposals).
(3) The Owner solicits a quotation or offer from one or more resident-owned business.
(4) The Owner receives bids from one or more resident-owned business and ensures that:
(a) the bidders have submitted the required certification regarding previous contracts
received under the alternative procurement process;. and
(b) the total amount of such previous contracts is less than $500,000.
(c) the Owner performs a cost or price analysis of the bids received and determines the
price that would normally be paid for comparable supplies. services, or construction in
the project area.
(5) The Owner awards the contract to the most advantageous bidder, consistent with the
evaluation factors stated in the solicitation. provided that the price does not exceed the
independent cost estimate and the price that would normally be paid for comparable
supplies, services, or construction in the project area.
(6) The Owner documents the procurement file and complies with all other applicable
procurement requirements of 24 CFR 8S.36 or 24 CFR 905.
I
7. Requirements of Bidders. All contractors must comply with Section 3. A bidder claiming a
Section 3 preference must qualify as a Section 3 Business Concern or a Resident-owned
Business. The bidder must submit the Section 3 Business Concern Certification with the bid to
Page 404-4
Form 404 ADDITIONAL SUPPLEMENTAL CONDITIONS
(Rev. 10106)
l qualify. Additionally, each contractor must, to the greatest extent feasible, hire a Section 3 eligible
resident when a new hire possibility occurs.
8. Eligibility for preference. A Section 3 resident seeking the preference in training and
employment provided by this part shall certify, or submit evidence to the recipient contractor or
subcontractor, if requested, that the person is a Section 3 resident, as defined in Section 135.5.
(An example of evidence of eligibility for the preference is evidence of receipt of public assistance,
or evidence of participation in a public assistance program.)
9. Eligibility for employment. Nothing in this part shall be construed to require the employment of a
Section 3 resident who does not meet the qualifications of the position to be filled.
10. Preference in the award of Section 3 covered contracts. Preference in the award of Section 3
covered contracts that are awarded under a sealed bid process may be provided as follows:
A. Bids shall be solicited from all businesses (Section 3 business concerns, and non-Section 3
business concerns). An award shall be made to the qualified Section 3 business concern with
the highest priority ranking and with the lowest responsive bid if that bid:
(1 ) Is within the maximum total contract price established in the contracting party's budget for
the specific project for which bids are being taken: and
(2) Is not more than "X" higher than the total bid price of the lowest responsive bid from any
responsible bidder. "X" is determined as follows:
x = Lesser of:
When the lowest responsive bid is less than $100,000. 10% of that bid or $9,000.
When the lowest responsive bid is:
At least $100,000, but less than $200,000 9% of that bid, or $16,000
At least $200,000, but less than $300,000 8% of that bid, or $21,000
At least $300,000, but less than $400,000 7% of that bid, or $24,000
At least $400,000, but less that $500,000 6% of that bid, or $25,000
At least $500,000, but less than $1 million 5% of that bid, or $40,000
At least $1 million, but less than $2 million 4% of that bid, or $60,000
At least $2 million, but less than $4 million 3% of that bid, or $80,000
At least $4 million, but less than $7 million 2% of that bid, or $105,000
$7 million or more 1 1/2% of the lowest responsive bid with no dollar limit
B. If no responsive bid by a Section 3 business concern meets the requirements of paragraph A.
(1) of this Section, the contract shall be awarded to a responsible bidder with the lowest
responsive bid.
I
Page 404-5
- -
Form 405
(Rev. 10106)
SPECIAL CONDITIONS
r Scope: This project is located at 1725 Marvin Griffin Road approximately 266 feet West of Pippin
Road RW. It consists of clearing and grubbing of 4.8 acres within a 7.09 acre tract and the disposal
of the clearing and grubbing components. Areas to be cleared have been delineated as have areas
to remain uncleared.
1 ~ A 20 foot minimum buffer shall be left uncleared along all sides of this track except that side
adjoining Marvin Griffin Road RW on the South side of the track.
2. A one quarter mile walking track shall be cleared a minimum width of 30 feet as indicated on
the drawings. The contractor shall coordinate the layout of the quarter mile walking track with
Ron Houck 706821-2870 of the Augusta Recreation Department.
3. The cleared areas shall be free of all limbs, root, stumps, etc. and the areas smoothed to a
surface approximately the same elevation as existed prior to the clearing.
4. All debris from this work shall be disposed of in a proper manner at a location approved by the
Engineer.
5. Install a temporary drive and construction access ata location on Marvin Griffin Road. The
temporary entrance shall be installed in the close vicinity of the entrance shown on the project
drawings.
6. The contractor shall install a standard Construction Exit over the temporary driveway.
7. Erosion control measures shall be installed prior to any grubbing and promptly after any
clearing.
8. The contractor shall take whatever measures needed to assure no silt leaves the project.
9. Standard GA DOT signing and specifications (Current Edition) will govern this work.
10. The contractor shall assure that the proposed baseball diamond area is cleared large enough
to accommodate the 200 feet foul lines plus the extra dimensions shown on the contract
drawings. This shall be coordinated with the Engineer.
11. Selected trees identified and marked by the Engineer shall remain as is and shall be protected
by the contractor.
12. Any trees broken or damaged during the work shall be removed completely to leave a neat
appearance.
13. The allotted contract time for completion of this work is 120 consecutive calendar days.
14. The contractor shall stake out and pour a concrete slab with plumbing and electrical roughed
in. The Richmond County Recreation Department will construct the building on that slab.
I
Page 405-1
Form 406
(Rev. 10106)
CONTRACTOR REPORTING REQUIREMENTS
There are a variety of information submittals, form processing and report generation efforts required
to award the contract and throughout the course of administering this contract. This part is intended
to provide the potential bidder with a brief but thorough list of these requirements. You may request
copies of reporting and documentation forms from the Augusta Housing & Community Development
Department (AHCDD) during the bidding process by calling the AHCDD office at (706) 821-1797.
AHCDD reserves the right to revise the reporting and documentation requirements at any time.
1. Assurance of Completion.
A. The successful bidder shall furnish an assurance of completion prior to the execution of any
contract. The form of assurance of completion, as defined in Instruction to Bidders, is required
to be submitted five (5) days prior to the scheduled pre-construction conference. Bonds must
be obtained from guarantee or surety companies acceptable to the U.S. Government and
authorized to do business in the State of Georgia. Individual sureties will not be considered.
B. Each bond shall clearly state the rate of premium and the total amount of premium charged.
The current power of attorney for the person who signs for the surety company must be
attached to the bond. The effective date of the power of attorney shall not precede the date of
the bond. The effective date of the bond shall be on or after the execution date of the contract.
C. Failure by the successful bidder to obtain the required assurance of completion within the time
specified, or within such extended period as the Procurement Department may grant based
upon reasons determined adequate by the Procurement Department, shall render the bidder
ineligible for award. The Procurement Department may then either award the contract to the
next lowest responsible bidder or solicit new bids. The Procurement Department may retain
the ineligible bidder's bid guarantee.
2. Pre-construction Conference. Prior to the award of a contract under this solicitation and prior to
the start of work, the successful bidder will be required to attend a pre-construction conference
with representatives of the Owner, AHCDD and its architect/engineer, and other interested parties
convened by AHCDD. The conference will serve to acquaint the participants with the general plan
of the construction operation and all other requirements of the contract (e.g., Section 3, Equal
Employment Opportunity, Labor Standards). AHCDD will provide the successful bidder with the
date, time, and place of the conference. The Contract shall be executed within 3 days following
the completion of the Pre-construction Conference.
3. Certificates of Insurance.
A., In accordance with the General Conditions, shall be submitted five (5) days prior to the
scheduled pre-construction conference. The Owner is to be added as an additionally named
insured to the Contractor's Comprehensive General Liability and Automobile Liability
Coverage. The amount required is not less than $1,000,000.00 per occurrence for General
Liability and $500,000.00 for Automobile Liability.
B. Additionally, before commencing work, the Contractor shall furnish AHCDD with a certificate of
insurance evidencing that Builder's Risk (fire and extended coverage) Insurance on all work in
Page 406-1
I
I
Form 406
(Rev. 10106)
CONTRACTOR REPORTING REQUIREMENTS
place and/or materials stored at the building site(s), including foundations and building
equipment, is in force. The Builder's Risk Insurance shall be for the benefit of the Contractor
and the Owner as their interests may appear and each shall be named in the policy or policies
as an insured. The Contractor in installing equipment supplied shall carry insurance on such
equipment from the time the Contractor takes possession thereof until the Contract work is
accepted by AHCDD. The Builder's Risk Insurance need not be carried on excavations, piers,
footings, or foundafions until such time as work on the super-structure is started. It need not be
carried on landscape work. Policies shall furnish coverage at all times for the full cash value of
all completed construction, as well as materials in place and/or stored at the site(s), whether or
not partial payment has been made by AHCDD. The Contractor may terminate this insurance
on buildings as of the date taken over for occupancy by the Owner. The Contractor is not
required to carry Builder's Risk Insurance for modernization work that does not involve
structural alterations or additions and where the Owner's existing fire and extended coverage
policy can be endorsed to include such work.
C. All insurance shall be carried with companies that are financially responsible and admitted to
do business in the State of Georgia. If any such insurance is due to expire during the
construction period, the Contractor (including subcontractors) shall not permit the coverage to
lapse and shall furnish evidence of coverage to AHCDD. All certificates of insurance, as
evidence of coverage, shall provide that no coverage may be canceled or non-renewed by the
insurance company until at least 30 days prior written notice has been given to AHCDD.
D. Certificates of the Contractor's Insurance shall be filed with AHCDD and shall be subject to
their approval for adequacy of protection. These certificates shall contain a provision that
coverage afforded under the policies will not be canceled without a minimumot thirty- (30)
days prior written notice to the Augusta Housing & Community Development Department.
4. Construction Progress Schedule.
A. A Construction Progress Schedule shall be submitted five (5) days prior to the scheduled pre-
construction conference. The Contractor shall submit for approval three copies of a
practicable schedule showing the order in which the Contractor proposes to perform the work,
and the dates on which the Contractor contemplates starting and completing the several
salient features of the work (including acquiring labor, materials, and equipment). The
schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the
percentage of work scheduled for completion by any given date during the period. If the
Contractor fails to submit a schedule within the time prescribed. AHCDD may withhold
approval of progress payments or take other remedies under the contract until the Contractor
submits the required schedule. '
Page 406-2
Form 406
(Rev. 10106)
CONTRACTOR REPORTING REQUIREMENTS
I
B. The Contractor shall enter the actual progress on the chart as required by AHCDD, and
immediately deliver three copies of the annotated schedule to AHCDD. If AHCDD, upon the
basis of inspection conducted according to the General Condition clause entitled "Inspection
and Acceptance of Construction," determines that the Contractor is not meeting the
approved schedule, the Contractor shall take steps necessary to improve its progress,
including those that may be required by AHCDD, without additional cost to the AHCDD. In this
circumstance, AHCDD may require the Contractor to increase the number of shifts, overtime
operations, days of work, and/or the amount of construction plant, and to submit for approval
any supplementary schedule or schedules in chart form as AHCDD deems necessary to
demonstrate how the approved rate of progress will be regained.
c. Failure of the Contractor to comply with the requirements of AHCDD under this clause shall be
grounds for a determination by AHCDD that the Contractor is not prosecuting the work with
sufficient diligence to ensure completion within the time specified in the Contract. Upon making
this determination, AHCDD may terminate the Contractor's right to proceed with the work, or
any separable part of it, in accordance with the "Default" clause of this contract.
5. Contractor's own forces work equivalent.
The Contractor shall perform on the site, and with its own forces work equivalent to at least 12%
of the total amount of work to be performed under the contract. Five (5) days prior to the
scheduled pre-construction conference, the Contractor shall submit a certification explaining how
the Contractor will perform at least 12% of the total amount of work.
6. Contractor's obligation to directly superintend the work.
At all times during performance of this contract and until the work is completed and accepted, the
Contractor shall directly superintend the work or assign and have on the work site a competent
superintendent who is satisfactory to AHCDD and has authority to act for the Contractor. Five (5)
days prior to the scheduled pre-construction conference, the Contractor shall submit the following
information for approval by AHCDD:
A. Superintendent's Name
B. Superintendent's Work History
c. Superintendent's Education
7. Schedule of Amounts for Contract Payments. Five (5) days prior to the scheduled pre-
construction conference, the Contractor shall submit a completed and executed Schedule of
Amounts for Contract Payments. This form is only required to be completed once; thereafter, a
copy shall accompany each Pay Request.
I
Page 406-3
Form 406
(Rev. 10106)
CONTRACTOR REPORTING REQUIREMENTS
The Contractor is advised of the following Reporting and Administrative requirements required
during the course of construction activities:
1. Labor Provision Requirements:
A. The Contractor is required to submit weekly Certified Payroll Form WH-347 for the General
Contractor and each Subcontractor.
B. The Contractor is required to post in a conspicuous place the Secretary of Labor's Wage
Poster and Wage Determination.
C. The Contractor is required to report in writing worker disputes that the Contractor cannot
resolve informally.
2. Contract Progress Payments:
A. Schedule of Amounts for Contract Payments. A copy of the Schedule of . Amounts for
Contract Payments previously approved by AHCDD and/or the AHCDD architect.
B. Pay Request. Required to be completed and submitted for each Pay Request. Only one copy
with original signatures need be submitted.
3. Change Order.
Required to be completed and submitted with the Pay Request only if there have been any
approved change orders issued on the project.
4. Schedule of Materials Stored.
Required to be completed and submitted with Pay Request only if the Contractor wishes to be
paid for inventory purchased prior to that inventory being incorporated into the work. Supporting
invoices must accompany any Stored Materials Request. The AHCDD Rehabilitation
Inspector will inspect the facility where the materials are stored to verify their existence. Each
Subcontractor requesting payment for materials stored must also complete this form.
5. Summary of Materials Stored.
Required to be completed and submitted with each Pay Request, which has a completed
"Schedule of Materials'Stored".
Page 406-4
Form 406
(Rev. 10106)
CONTRACTOR REPORTING REQUIREMENTS
r 6. Construction Progress Schedule.
The Contractor shall enter the actual progress on the chart as compared to the originally
submitted and approved schedule showing the order in which the Contractor proposes to perform
the work, and the dates on which the Contractor contemplates starting and completing the several
salient features of the work (including acquiring labor, materials, and equipment).
,
7. Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income
Persons, form HUD-60002.
The Contractor is required to submit report form HUD-60002, Section 3 Summary Report,
Economic Opportunities for Low- and Very Low-Income Persons, with each request for contract
payments. Please note that this is the same report used by AHCDD to report annual
accomplishments regarding employment and other economic opportunities provided to low- and
very low-income persons under Section 3 of the Housing and Urban Development Act of 1968.
8. Shop Drawings and Test Results.
A. "Shop drawings" means drawings, submitted to AHCDD or its architect by the Contractor,
subcontractor, or any lower tier subcontractor, showing in detail (1) the proposed fabrication
and assembly of structural elements and (2) the installation (Le., form, fit, and attachment
details) of materials of equipment. It includes drawings, diagrams, layouts, schematics,
descriptive literature, illustrations, schedules, performance and test data, and similar materials
furnished by the Contractor to explain in detail specific portions of the work required by the
contract. AHCDD may duplicate, use, and disclose in any manner and for any purpose shop
drawings delivered under this contract.
B. The Contract shall submit shop drawings and test results at least 15 days before the
scheduled installation or work concerning the shop drawing or test results. The Contractor
shall coordinate all such drawings, and review them for accuracy, completeness, and
compliance with other contract requirements and shall indicate its approval thereon as
evidence of such coordination and review. Shop drawings submitted to AHCDD without
evidence of the Contractor's approval may be returned for resubmission. AHCDD will indicate
an approval or disapproval of the shop drawings and if not approved as submitted shall
indicate AHCDD's reasons therefor. Any work done before such approval shall be at the
Contractor's risk. Approval by AHCDD shall not relieve the Contractor from responsibility for
any errors or omissions in such drawings, nor from responsibility for complying with the
requirements of this contract.
C. The Contractor shall submit to AHCDD for approval four copies (unless otherwise indicated) of
all shop drawings as called for under the various headings of these specifications. Three sets
(unless otherwise indicated) of all shop drawings, will be retained by AHCDO and one set will
be returned to the Contractor. As required by AH.CDD, the Contractor, upon completing the
work under this contract, shall furnish a complete set of all shop drawings as finally approved.
These drawings shall show all changes and revisions made up to the time the work is
completed and accepted.
I
Page 406-5
Form 406
(Rev. 10106)
CONTRACTOR REPORTING REQUIREMENTS
I
D. This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the
Contractor to ensure that all shop drawings prepared by subcontractors are submitted to
AHCDD.
E. Failure of the Contractor to comply with the requirements of AHCDD under this clause shall be
grounds for a determination by AHCDD that the Contractor is not in compliance with the
Contract. Upon making this determination, AHCDD may terminate the Contractor's right to
proceed with the work, or any separable part of it, in accordance with the "Default" clause of
this contract.
9. As-Built Drawings.
A. "As-built drawings," as used in this clause, means drawings submitted by the Contractor or
subcontractor at any tier to show the construction of a particular structure or work as actually
completed under the contract. "As-built drawings" shall be synonymous with "Record
drawings." As required by AHCDD, the Contractor shall provide AHCDD accurate information
to be used in the preparation of permanent as-built drawings. For this purpose, the Contractor
shall record on one set of contract drawings all changes from the installations originally
indicated, and record final locations of underground lines by depth from finish grade and by
accurate horizontal offset distances to permanent surface improvements such as buildings,
curbs, or edges of walks.
B. This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the
Contractor to ensure that all as-built drawings prepared by subcontractors are submitted to
AHCDD.
C. Failure of the Contractor to comply with the requirements of AHCDD under this clause shall be
grounds for a determination by AHCDD that the Contractor is not in compliance with the
Contract. This will result in AHCDD withholding from the Contractor's final payment and/or
retention an amount of money sufficient to gather and/or reproduce the accurate information
necessary to be used in the preparation of permanent as-built drawings.
10. Approval of equipment and materials.
A. The Contractor shall obtain AHCDD approval of the machinery and mechanical and other
equipment to be incorporated into the work. When requesting approval, the Contractor shall
furnish to AHCDD the name of the manufacturer, the model number, and other information
concerning the performance, capacity, nature, and rating of the machinery and mechanical and
other equipment. When required by this contract or by AHCDD, the Contractor shall also
obtain AHCDO approval of the material or articles, which the Contractor contemplates
incorporating into the work. When requesting approval, the Contractor shall provide full
information concerning the material or articles. Machinery, equipment, material, and articles
that do not have the required approval shall be installed or used at the risk of subsequent
rejection.
I
Page 406-6
Form 406
(Rev. 10106)
CONTRACTOR REPORTING REQUIREMENTS
B. When required by the specifications or AHCDD, the Contractor shall submit appropriately
marked samples (and certificates related to them) for approval at the Contractor's expense,
with all shipping charges pre-paid. The Contractor shall label, or otherwise properly mark on
the container, the material or product represented, its place of origin, the name of the
producer, the Contractor's name, and the identification of the construction project for which the
material or product is intended to be used.
C. Certificates shall be submitted in triplicate, describing each sample submitted for approval and
certifying that the material, equipment or accessory complies with contract requirements. The
certificates shall include the name and brand of the product, name of manufacturer, and the
location where produced.
D. Approval of a sample shall not constitute a waiver of AHCDD right to demand full compliance
with contract requirements. Materials, equipment and accessories may be rejected for cause
even though samples have been approved.
11. Use and Possession Prior to Completion. The Owner shall have the right to take possession of
or use any completed or partially completed part of the work. The request for Use and Possession
Prior to Completion shall be made by the Owner in writing to AHCDD. Before taking possession of
or using any work, AHCDD shall furnish the Contractor a list of items of work remaining to be
performed or c~rrected on those portions of the work that the Owner intends to take possession of
or use. However, failure of the Owner to list any item of work shall not relieve the Contractor of
responsibility for complying with the terms of the contract. The Owner's possession or use shall
not be deemed an acceptance of any work under the contract. While the Owner has such
possession or use, the Contractor shall be relieved of the responsibility for (1) the loss of or
damage to the work resulting from the Owner's possession or use, notwithstanding the terms of
the clause entitled "Permits and Codes" herein; (2) all maintenance costs on the areas
occupied; and, (3) furnishing heat, light, power, and water used in the areas occupied without
proper remuneration therefor. If prior possession or use by the Owner delays the progress of the
work or causes additional expense to the Contractor, AHCDD shall make an equitable adjustment
in the contract price or the time of completion, and the contract shall be modified in writing
accordingly.
Contract Close-out Reporting Requirements
After the Contractor has completed all the items noted on the AHCDD inspection punch list, the
Contractor may submit closing documents to AHCDD. Closing documents shall consist of the
following:
1. The Contractor shall notify AHCDD, in writing, as to the date when in its opinion all or a
designated portion of the work will be substantially completed and ready for inspection. If the state
of preparedness is as represented, AHCDD will promptly arrange for the inspection.
, Final Pay Request marked "FINAL" with all associated payment forms as explained above.
Page 406-7
Form 406
(Rev. 10106)
CONTRACTOR REPORTING REQUIREMENTS
r
1. One original of the executed Final Waiver of Lien for the Contractor for each subcontractor and
all material suppliers.
4. Certificate of Occupancy, if required.
5. Any special warranty or guarantees required by the Technical Specifications. At a minimum, the
Contractor is required to provide a one-year workmanship warranty, in accordance with General
Conditions. This warranty may be in the form of a letter on company stationery, signed by an
authorized individual establishing the coverage period and the method of notification for covered
repairs. Other special equipment warranties shall be from the manufacturer.
6. An original completed copy of Contractor's Certificate and Release. This form must be
notarized.
7. An original completed copy of Owner's Certificate and Release. This form must be notarized.
8. Accurate and complete information to be used in the preparation of permanent as-built drawings.
For this purpose, the Contractor shall record on one set of contract drawings all changes from the
installations originally indicated, and record final locations of underground lines by depth from
finish grade and by accurate horizontal offset distances to permanent surface improvements such
as, buildings, curbs, or edges of walks.
I
Page 406-8
I Form 409
(Rev. 10106)
NOTICE TO PROCEED
TO:
PROJECT:
PROJECT #:
1. You are hereby notified to commence work on the Project shown above. in accordance with
the Construction Contract dated
2. You may begin work on this Project on , but no later than ten (10) calendar
days from that date. Your company will complete all work not later than consecutive
calendar days from the Start Date. The Scheduled Completion Date for this project is therefore
3. Liquidated damages, as outlined in the contract, will begin on the day after the Scheduled
Completion Date, and will continue daily until the project is actually completed. Authorized
delays that may add additional time to the Scheduled Completion Date will be determined by
AHCDD.
AHCDD Director
CONTRACTOR ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by
By:
Date:
Title:
Page 409-1
Form 410
(Rev. 02105)
PRE-CONSTRUCTION MEETING AGENDA
MEETING ATTENDANCE
Date:
Time:
Location:
Project:
(PLEASE PRINT Information Below)
NAME COMPANY/DEPT. POSITION PHONE FAX
(Please Print Clearly) (Please Print Clearly) (Please Print Clearly) (Indude Area (Include Area
Code) Code)
II. Introductions
Page 410-1
Form 410
(Rev. 02105) PRE-CONSTRUCTION MEETING AGENDA
A. Contractor:
1. Subcontractor(s):
2. Supplier(s):
B. Arch itect:
1. Project Manager:
2. Consultants:
C. Owner Representative:
D. Augusta Housing & Community
Development Department:
1. Project Leader:
2. Inspector:
3. Compliance:
4. Administrative:
I
Page 410-2
Form 410
(Rev. 02105) PRE-CONSTRUCTION MEETING AGENDA
JI. Responsibilities
A. Contractor
1. Progress schedule
2. Permits
3. Insurance
a. Certificate to Housing & Community Development Department
.
b. Builders' Risk
4. Sub-contractors and major suppliers
a. List
b. Responsibilities
5. Cost breakdown for partial payments
6. Certified payrolls
7. Superintendent:
8. After hours phone num~er:
9. .Shop drawings
10. Safety issues
11. Dig safe
B. Architect:
1. Agent for Housing & Community Development Department and Owner
2. Contract administration
3. Change order recommendation
4. Materials approval
5. Project Manager
a. Agent for Architect
b. Work inspection
c. Daily/Weekly reports
d. Materials received/stored
e. Job records
f. Visitors
g. Field decisions
h. Payment and Retainage approval
I
Page 410-3
Form 410
(Rev. 02105)
PRE-CONSTRUCTION MEETING AGENDA
C. Owner
1. Job approval authority
2. Communicate through Housing & Community Development Department
3. Work outside contract
a. In-house crews
b. Other construction
4. Payment and Retainage approval
5. Change order approval
6. Lead time items
a. Color approvals
b. Allowance items
c. Homeowner releases
C. Housing & Community Development Department
1. Overall job approval authority
2. Communicate through Architect
3. Payments and Retainage
4. Change order approval
5. Federal procurement responsibility and approval
6. Inspector
a. Agent for Housing & Community Development Department
b. Work inspection
c. Inspection reports
d. Materials received/stored approval
e. Field decisions
f. Payment and Retainage approval
I
Page 410-4
Form 410
(Rev. 02105) PRE-CONSTRUCTION MEETING AGENDA
j II. Site
A. Special considerations
1. Parking
2. Barricades
3. Utilities lines
4. Storage
5. Toilet facilities
6. Security
7. Location of job sign
8. Other requirements:
,
B. Property salvaged for Owner
C. . Protection of property not involved with work
D. Temporary utilities
E. Material Safety Data Sheets for hazardous materials
IV. Work Schedules
A. Contractor
1. Work hours
2. Work days
3. Special needs
B. Owner
1. Conflicts with other Owner activities
2. Other Owner issues
C. Coordination Process
I
Page 410-5
.
Form 410
(Rev. 02105)
PRE-CONSTRUCTION MEETING AGENDA
v. Miscellaneous
A. Monthly meeting
1. Date and time
2. Agenda
3. Special meetings
B. As built drawings and Owner's manuals
C. Review plans and specs (small jobs)
D. Special or unusual contract requirements
NOTE: This Agenda Outline is of a general nature and is intended to identify issues which should
be addressed. The Agenda should be modified as required for a specific project.
I
Page 410-6
Form 411
Instructions for Development of AFFIRMA liVE ACTION
PROGRAM
REGARDING DEVELOPMENT OF AFFIRMATIVE ACTION PROGRAMS UNDER
EXECUTIVE ORDER 11246
Executive Order 11246, as amended, required that construction contractors on Federally,.assisted construction
projects not discriminate in employment because of race, color, religion, sex, or national origin. The Executive
Order further requires that these contractors "take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion, sex, or national
origin." An Equal Employment Opportunity Clause embracing these principles of "nondiscrimination" and
"affirmative action" are required in every non-exempt federally-assisted construction contract.
The Department of Housing and Urban Development, at 41 CFR, Chapter 60, Part 60-4, has issued rules and
regulation, which set out, for HUD-assisted construction projects, equal employment opportunity requirements.
These requirements provide that the applicant for HUD-assisted construction projects will include, or cause to
be included, the equal employment opportunity clause in all non-exempt construction contracts.
HUD's rules and regulations further require that each construction contractor and subcontractor, on a HUD-
assisted project, comply with Title 41 CFR, Chapter 60, Part 60-4, and develop a written affirmative action
compliance program. The written affirmative action plans of contractors and subcontractors are subject to
review and approval by HUD and shall:
1. Identify areas of employment, employment policies, and employment practices which require actions by
the contractor or subcontractor to assure equal employment opportunity to all employees without
discrimination because of race, color, religion, sex, or national origin.
2. Analyze these areas, policies and practices to determine what actions by said contractor or
subcontractor will be most effective in assuring equal employment opportunity; and
3. Establish a plan when there are deficiencies in minority and female utilization, to include the
development of specific goals and timetables to achieve equal employment opportunity through actions
identified as potentially most effective.
When developing a written affirmative action program, the contractor or subcontractor must realize that the
essence of "affirmative action" is the policy of developing programs which will provide detailed specific steps
guaranteeing equal employment opportunity keyed to the problems and needs of females and minority groups.
These steps shall develop specific goals and timetables for prompt achievement of full equal employment
opportunity, including when there are deficiencies in female and minority utilization. Affirmative action can be
more clearly understood and effective when contractors strive toward the attainment of specific numerical
. goals for the employment and upgrading of female and minority workers within given time periods. Goals
should be arrived at through analysis of present policies and practices and may provide a means by which
contractors and HUD can judge the results the specific affirmative action steps taken.
Contractor's affirmative action plan should provide at least the following elements:
I. Company's Equal Employment Opportunity Policy
A statement which clearly states the company's policy of nondiscrimination in employment
because of race, color, religion, sex, or national origin.
I
Page 411-1
Form 411
Instructions for Development of AFFIRMATIVE ACTION
PROGRAM
II. Coordination and Administration of Program
Designate person and way to contact person who will be responsible for coordination of
company's equal employment opportunity program. Also outline how policy and affirmative
action program will be disseminated to all employees.
III. Analysis of
A. Recruitment and Employment Practices
Consider the extent to which present hiring practices and policies, including recruitment
sources, act to exclude minorities and females from becoming applicants for employment
with your company.
B. Work Force,
Consider the current extent of minority group and female employment in skilled, semi-
skilled categories on all the company's projects.
C. Opportunities for Placement
Consider the anticipated opportunities for placing new employees in skilled, semi-skilled or
unskilled categories with company during the period in which the HUD-assisted. work is
being done.
IV. Establishment of Goals and Timetables
Based on the analysis done in preceding Section, develop numerical goals (in numbers or
percentage man-hours) to work toward within a given time period (time period within which
HUD-assisted work will be done) in placing minorities and females in skilled, semi-skilled, or
unskilled but trainee positions with your company.
V. Specific Affirmative Action Steps
Develop specific affirmative action steps which company will make in efforts to reach goals and
thus provide equal employment opportunity.
1. Prepare an Eaual Emplovment Opportunity Policy. Make this policy known to all the employees and
potential source of employees.
2. Designate a person in a managerial capacity to coordinate equal employment opportunity efforts.
3. Assure non-discriminatory recruiting of staff taking appropriate steps such as:
a. Placing employment advertisements in newspapers which serve the largest number of Female and
minority group people in the recruiting area.
I
Page 411-2
Form 411
Instructions for Development of AFFIRMATIVE ACTION
PROGRAM
b. Recruiting through schools and universities having substantial proportions of minority and female
students.
c. Maintaining systematic contacts with minority, female, and human relations organization, leaders,
and spokesmen to encourage referral of qualified minority and female applicants.
d. Encourage present employees to refer minority and female applicants.
e. Making it known to all recruitment sources that qualified female and minority members are being
sought for consideration for professional, sub-professional and other office work whenever staff is
needed.
4. Assure non-discriminatory hiring, taking appropriate steps such as:
a. Instructing personally those of the staff who make hiring decisions that minority and female
applicants for all jobs are to be considered without discrimination.
5. Assure that maximum use is made of sub-professional internship and other training to help equalize
opportunity for female and minority persons such as:
a. Sponsoring and assisting female and minority youths, as well as others, to enter sub-professional
and professional training and making such training available to the maximum extent.
b. Actively encouraging minority and female employees, as well as others, to increase their skills and
job potential through participation in available training and education programs.
6. Assure non-discriminatory placement and promotion
a. Instruct personally those of the staff who make placement and promotion decisions that minority
and female employees are to be considered without discrimination.
b. Encourage the promotion of minority and female employees who have increased their skills and
job potential in accord with the affirmative action policies.
7. Assure non-discriminatory pay, other compensation and working conditions, taking appropriate steps
as:
a. Examining rates of pay and fringe benefits for present employees with equivalent duties, and
adjusting any inequities found.
b. Not reducing the compensation of existing employees who have been converted to on-the-job
training states.
8. Encourage non-discriminatory contract, taking appropriate steps such as encouraging female and
minority group contractors and contractors with minority and female representation among their
employees to submit proposals for contract work.
9. Follow through, questioning, verifying, making whatever changes or additions to the Equal Employment
Opportunity Program that may be necessary to assure effectiveness.
Page 411-3
Form 411
Instructions for Development of AFFIRMA liVE ACTION
PROGRAM
NOTE TO CONTRACTOR:
THIS GENERAL OUTLINE MAY BE USED AS A GUIDE IN DEVELOPING AN ACCEPTABLE AFFIRMATIVE
ACTION PROGRAM. EACH PROGRAM, HOWEVER, SHOULD BE TAILORED TO THE CONTRACTOR'S
SPECIFIC OPERATION AND NEEDS.
(Construction Company Letterhead) ,
Project No.:
Project Name:
Location:
Sponsor:
AFFIRMATIVE ACTION PLAN
I. Eaual Employment Opportunity Policy
It is the policy of Company not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, or national origin. This policy
extends to all matters relating to recruitment, hiring, promotion, transfer, recruitment or recruitment
advertisi~g, rates of pay and other forms of compensation, and selection for training.
Furthermore, it is the policy of this company to cooperate to the fullest extent with the applicable
rules, regulations and orders issued pursuant to Executive Order 11246. It is intended that all officials and
employees of this company be informed of this statement of policy and that this policy shall be applied to
every phase of employee recruitment, including employment agencies, labor organizations and advertising.
II. Coordination and Administration of Proaram
1. The company vice-president, (Mr. or Ms.) will serve in the capacity of
Equal Employment Opportunity Coordinator. (He or She) will be responsible for the overall
administration of this Affirmative Action Plan and will assist in EEO matters at the Branch Office
and at project construction sites.
2. Administration of this Plan at the project site will be the responsibility of the company's Project
Manager.
3. Management will check with each superintendent bi-weekly to ensure that this company's equal
employment opportunity obligations, policy, and plan are being implemented.
4. A copy of this affirmative action plan will be provided to each employee and posted on the
company's bulletin boards at the main office, the branch office, and all project sites.
I
Page 411-4
Form 411
Instructions for Development of AFFIRMATIVE ACTION
PROGRAM
A. Recruitment and Emplovment Practice
1. We employ essentially four categories of craftsmen. Our brickmasons and equipment operators
are referred from the Bricklayers Local #152 and the Operators Local #617, respectively. During the
past year, Bricklayers Local #152 has referred approximately 71 employees to us. Approximately 17,
or 24% were minority, and 2 or 2.8% were female. During that same period, the Operators Local #617
referred 11 employees, of which none were minority and 1 or 9% were female.
2. We secure our Carpenters and Laborers through walk-ins and word of mouth. During the past
year we have employed approximately 63 Carpenters of which 3 were minority (approximately 5%) and
o females. These were referred to the Carpenters Local #104 and admitted for membership. Of
approximately 80 minority walk-in applicants, 60 or 75% were employed as Laborers. Of 1 female
walk-in applicant, 1 or 100% was employed as a Laborer.
A. Present Work Force
Total Non-minority Minority Non-female Female
Brickmasons 49 30 16 46 3
Operators 3 3 0 3 0
Carpenters 31 28 3 31 0
Laborers 55 5 49 54 1
B. Opportunities for Placement
During the period of the next 12 months we anticipate (because of attrition or expansion) employing
maybe 50 new craftsmen by categories as follows:
Brickmasons
Operators
Carpenters
Laborers
14
1
10
25
III. Goals and Timetables
Our minority employment goals for the next twelve month period is as follows:
Brickmasons
Operators
Carpenters
Laborers
3
1 (oiler,trainee)
4
o
Our female employment goals for the next twelve month period is as follows:
Brickmasons
Operators
Carpenters
Laborers
o
o
2
2
l
Page 411-5
Form 411
Instructions for Development of AFFIRMATIVE ACTION
PROGRAM
A. We will notify community organizations in writing that we are an equal opportunity employer and that we
have employment opportunities available and will maintain records of the organizations' response. The
following is a list of organizations we will notify:
1.
2.
3.
B. We will maintain a file of the name and addresses of each minority and female applicant referred to us
and note what action was taken with each such referred applicant, and if the applicant was not
employed, the reasons therefore. Where appropriate, applicant will be sent to union hiring hall for
permit to work with our company. .
C. We will promptly notify HUD when the union or unions with whom we have-.a collective bargaining
agreement has not referred us a minority or female worker sent by us or we have other information that
the union referral process impedes us in our efforts to meet our goals.
D. We will make specific efforts to encourage present minority and female employees to recruit their
friends and relatives for positions we have available.
E. The Company's EEO Coordinator will periodically inventory and evaluate all minority and female
personnel in the Laborer category for promotional opportunities and encourage them to seek such
opportunities where available.
F. The company will make sure that all facilities and company activities are non-segregated with the
exception that separate or single-user toilet and necessary changing facilities shall. be provided to
assure privacy between the sexes.
G. The EEO Coordinator will continually monitor all personnel activities to ensure that the company's EEO
policy is being carried out.
H. We will solicit bids for subcontracts from available minority and female subcontractors engaged in the
trades for which we need subcontractors. Where necessary, and possible, we will offer assistance to
those minority and female subcontractors who bid or are awarded a subcontract with our company.
I. We will notify each subcontractor of his respective EEO obligation and actively cooperate with HUD in
assuring compliance.
Signed:
(Name)
(Title)
NOTE TO CONTRACTOR:
Page 411-6
Form 411
Instructions for Development of AFFIRMATIVE ACTION
PROGRAM
THIS GENERAL OUTLINE MAY BE USED AS A GUIDE IN DEVELOPING AN ACCEPTABLE
AFFIRMATIVE ACTION PROGRAM. EACH PROGRAM, HOWEVER, SHOULD BE TAILORED TO
THE CONTRACTOR'S SPECIFIC OPERATION AND NEEDS.
I
Page 411-7
Form 411
Instructions for Development of AFFIRMATIVE ACTION
PROGRAM
NOTE TO CONTRACTOR:
THIS GENERAL OUTLINE MAY BE USED AS A GUIDE IN DEVELOPING AN ACCEPTABLE AFFIRMATIVE
ACTION PROGRAM. EACH PROGRAM, HOWEVER, SHOULD BE TAILORED TO THE CONTRACTOR'S
SPECIFIC OPERATION AND NEEDS.
(Construction Company Letterhead)
Project No.:
Project Name:
Location:
Sponsor:
AFFIRMATIVE ACTION PLAN
III. Eaual Emplovment Opportunity Policy
It is the policy of Company not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, or national origin. This policy
extends to all matters relating to recruitment, hiring, promotion, transfer, recruitment or recruitment
advertising, rates of pay and other forms of compensation, and selection for training.
Furthermore, it is the policy of this company to cooperate to the fullest extent with the applicable
rules, regulations and orders issued pursuant to Executive Order 11246. It is intended that all officials and
employees of this company be informed of this statement of policy and that this policy shall be applied to
every phase of employee recruitment, including employment agencies, labor organizations and advertising.
IV. Coordination and Administration of Proaram
1. The company vice-president, (Mr. or Ms.) will serve in the capacity of
Equal Employment Opportunity Coordinator. (He or She) will be responsible for the overall
administration of this Affirmative Action Plan and will assist in EEO matters at the Branch Office
and at project construction sites.
2. Administration of this Plan at the project site will be the responsibility of the company's Project
Manager.
3. Management will check with each superintendent bi-weekly to ensure that this company's equal
employment opportunity obligations, policy, and plan are being implemented.
4. A copy of this affirmative action plan will be provided to each employee and posted on the
company's bulletin boards at the main office, the branch office, and all project sites.
I
Page 411-8
Form 411
Instructions for Development of AFFIRMATIVE ACTION
PROGRAM
A. Recruitment and Emplovment Practice
1. We employ essentially four categories of craftsmen. Our brickmasons and equipment operators
are referred from the Bricklayers Local #152 and the Operators Local #617, respectively. During the
past year, Bricklayers Local #152 has referred approximately 71 employees to us. Approximately 17,
or 24% were minority, and 2 or 2.8% were female. During that same period, the Operators Local #617
referred 11 employees, of which none were minority and 1 or 9% were female.
2. We secure our Carpenters and Laborers through walk-ins and word of mouth. During the past
year we have employed approximately 63 Carpenters of which 3 were minority (approximately 5%) and
o ,females. These were referred to the Carpenters Local #104 and admitted for membership. Of
approximately 80 minority walk-in applicants, 60 or 75% were employed as Laborers. Of 1 female
walk-in applicant, 1 or 100% was employed asa Laborer.
C. Present Work Force
Total Non-minority Minority Non-female Female
Brickmasons 49 30 16 46 3
Operators 3 3 0 3 0
Carpenters 31 28 3 31 0
Laborers 55 5 49 54 1
D. Opportunities for Placement
During the period of the next 12 months we anticipate (because of attrition or expansion) employing
maybe 50 new craftsmen by categories as follows:
Srickmasons
Operators
Carpenters
Laborers
14
1
10
25
IV. Goals and Timetables
Our minority employment goals for the next twelve month period is as follows:
Brickmasons
Operators
Carpenters
Laborers
3
1 (oiler, trainee)
4
o
Our female employment goals for the next tWelve month period is as follows:
Brickmasons
Operators
Carpenters
Laborers
o
o
2
2
I
Page 411-9
Form 411
Instructions for Development of AFFIRMATIVE ACTION
PROGRAM
J. We will notify community organizations in writing that we are an equal opportunity employer and that we
have employment opportunities available and will maintain records of the organizations' response. The
following is a list of organizations we will notify:
1.
2.
3.
K. We will maintain a file of the name and addresses of each minority and female applicant referred to us
and note what action was taken with each such referred applicant, and if the applicant was not
employed, the reasons therefore. Where appropriate, applicant will be sent to union hiring hall for
permit to work with our company.
L. We will promptly notify HUD when the union or unions with whom we have a collective bargaining
agreement has not referred us a minority or female worker sent by us or we have other information that
the union referral process impedes us in our efforts to meet our goals.
M. We will make specific efforts to encourage present minority and female employees to recruit their
friends and relatives for positions we have available.
N. The Company's EEO Coordinator will periodically inventory and evaluate all minority and female
personnel in the Laborer category for promotional opportunities and encourage them to seek such
opportunities where available.
O. The company will make sure that all facilities and company activities are non-segregated with the
exception that separate or single-user toilet and necessary changing facilities shall be provided to
assure privacy between the sexes.
P. The EEO Coordinator will continually monitor all personnel activities to ensure that the company's EEO
policy is being carried out.
Q. We will solicit bids for subcontracts from available minority and female subcontractors engaged in the
trades for which we need subcontractors. Where necessary, and possible, we will offer assistance to
those minority and female subcontractors who bid or are awarded a subcontract with our company.
R. We will notify each subcontractor of his respective EEO obligation and actively cooperate with HUD in
assuring compliance.
Signed:
(Name)
(Title)
NOTE TO CONTRACTOR:
I
Page 411-10
Form 411
Instructions for Development of AFFIRMATIVE ACTION
PROGRAM
THIS GENERAL OUTLINE MAY BE USED AS A GUIDE IN DEVELOPING AN ACCEPTABLE AFFIRMATIVE
ACTION PROGRAM. EACH PROGRAM, HOWEVER, SHOULD BE TAILORED TO THE CONTRACTOR'S
SPECIFIC OPERATION AND NEEDS.
I
Page 411-11
Form 412
AFFIRMATIVE ACTION GOALS & TIMETABLE
~ -
;;s,
'~-
...~
fiUDAY~ APRil 1p 1978
PA~T IV
DEP-ARTME T OF
LABOR.
Office of Federal
Contract Compliance
Programs
III
GOALS At~D
TIMETABLES FOR
FEMALE A~~D MINORITY
PA\RTICIPATIO~i IN THE
CONSTRUCTI ~~
m N'. Dl~ CTD'\f
[1', . ,) ...,J;...;) ,J W'1:;,. ~
.Af:firmotBve Action Requirements
Page 412-1
Form 412
AFFIRMATIVE ACTION GOALS & TIMETABLE
f~.% Sollc:l~Uoru.
(d) The following noUce sha.ll be In-
clude<:lln, and shall be a part of, all so-
Ucltatlons tor off~n; and bid.<! on all
Federal and fedeI-a.1lY asslsted con-
struction contncUI or Bubcontn;,.ct.s ln
excess oJ $10,000 to;be per10nned In
geo(lTll.phlcal nrelUl deBlgnatedbY lhe
Dlrector pursuant to ~ 60-4.6 01 lhls
part (see U CFR 60--1.2(0.)):
N OTI CI 0 r R);Q U I1Ull>D:I'IT . rQ);\ A.rYut.MA 1'1 VI:
ACTIon To EllsUlU EQu.u. EHrLoy MY.IIT
O,.roRTU1'lITY (Ex=TIYJ: Oun 11246)
l. The Offeror'l or Bidder's &tt.entlon 1lI
ez.Jled to the "EQUAl Opportunltr Clause"
Lnd the "StandArd Federl/J EQulll Employ-
ment Opportunlty Construction Con tract
BpedJlcatlons" I~t forth herem.
2. The !lOW lU1d UmeUbleli for minority
Uld lemll.le plLTtlclpl\.Uon, expreJmed in per.
cent.ll.ie tenIUl lor the Cont.r1l.Ctor'n R.RIITe.
Jate ~;ork.l orce In c1I.Ch tnde on 1<11 con-
Itructloc worlr;: ill the covered ue:;.. II.re II.S
101l0~"J::
Appendix A
The following goals
~imetables for female
Jtilization shall be in-
cluded in all Federal and
federally assisted con-
struction contracts
subcontracts in excess
$10,000. The goals
applicable to the con-
tractor's aggregate
site construction work-
force whether or not part
of that workforce is per-
forming work on a Fed-
eral or federally assisted
cons truc tion con tract or
subcontract.
Timetable
Goals
4/1/78
4/1/79
4/1/80
to 3/31/79
3/31/80
- 3/31/81
3.1
S.D
6.9
Goals for Women apply
nationwide.
nULIE:: ANP nlHHJ!.A nON!t
Arpendix B
SEE CHANGES IN APPENDIX B.
PURSUMIT TO OFCCP REGU-
LATIONS, 41 CFR PART .50-4
FOLLOIHNG LAST PAGE OF THIS
REGULATION.
and
These !lolllll are applicable to all the Con-
atractor'. construcllon work (whether or not
It I.u Federnl or federallY IUl.Bl.utedl performed
In the covered Il.Tcn..
The Cont.factor', compllance with the Ex-
ecutive Order and the relnllntloJ1Jl In 4.l CPR
Part 6{)....4shaJJ be bll.lled on It.:! Implemenll!.
tlon of the EQucl Opporcc"utl' Clawe. spe-
clflc affirmative actJori oblllrc.tlons reqUired
bY the IlpecUICll.tioIll! llet forth In >U CFR 60-
4.3(c,l, IUld It.rl effort!! to meet the goal.8 ea.
l.ll.blllllied for the r:eoltTllpluca] nrea vlhere
Lhe. c.ontr!'.ct resmltlng tram thls Bollclllltlon
lh to be performed. The hOW1l0f minority
&nd icmAlc employment &.nd training IDUlIt
be llUbllt.ll.ntllUl)' unHorm throughout tho
length of the contract, llnd in each trade,
and tho coIJ.llt.n,ctor llhlill mB-lte Il. good fB.lth
effort to employ minorltleJl and women
ovenly on 'clI.!:h of It.s project&. The tnull;fer
of mino~Jty. at feIJ1Jl.leemploYeeB or tralneeB
from Cont.r&ctor to Contmetor or from 'q.ro-
Jeet to project 10r the Bole purpose at meet-
Ing the Contrll.!:tor's goa.IE shall be' 11 viola-
lion of the contrUcL, the ExecutlvcOrder
Imd Lhe regula.tlons In 41 CPR ps.rt 60--4..
Cornplln.nce with Lhe floe.ls vltll be meesured
against the total work hours pcrfOlilled.
3. The Contractor shall p.-ovlde wrItten
notlIlcatlolll to Lhe Director 01 Lhe Office of
F'edernl Contract CompllJmee PrognUna
within 10 worklng days at award ot any can-
structlon subcontract in excCIW of $10,000 at
any Ller for cODlltructton wort, under the
contrr.ct rCllUltins: from thln 50Hel tat/on.
The not.Ulcatlan sball Hilt t.he nJlIIlC, a.ddr=
and t!llephone number of the subcontn.ctor;
employer !dentlJlCll.Uon number; cotlmnted
dollar lUIlollnt or the lIu\lcOntra.ct; eatlmatcd
mtllrtlnc: /l.lld completion daten {It the nub-
contr~t; :.nd the lreogTnphlcW. r.rCIl. In
which the cont.ntct III to be perl armed.
and
of
are
on-
4. As used in this Notice,
and in the contract
resulting from this soli-
cition, the "covered area"
u wi thin the city limi ts
or adjacent thereunto of
Augusta, Richmond County,
Geor:,ia.
Page 412-2
06(}.-4.3 Equnl opportunity c1l\us-e~.
(a) The equal opportunlty c18,Ulle
publlBhed at 41 CPR 60-1.4(ll.) of thLH
chapter is reqUired to be 'lncluded in,
and lB P!l.rt ot. all nonexempt Federnl
contra.cls and subcontracts, lncludlnr.
conslructloncontrn.ct1J and ImbcOD-
trll.Cls, The equal opportunity clallilc
publlBhed a.t 41 CPR 60-1.4(b) IS reo
Qulred to De included in, /l.nd lall. PI.U"t.
of. all nonexempt. 1ed.enillY o..."SistCd.
construction contracts a.nd sub-con-
tracts. In a.ddltion to the claWlcs de-
scribed above, all Federal contractlnp.;
oWcers, all appllca.nt1J and all. noncon-
lltructlon contrll.CtoI1l, a8. appllcable,
shall lnclude the specll1cntloIUl Bcl
forth tn thl.s I\ectlon In all Federal and
federallY B.S.'llsted CDnstructJoncon-
trr.CUl in excel:.Jl of $10,000 to be per-
formed In geollTll.phlca.l arel!.Jl de.nlgruJ.t-
ed by the Director pUrBllB_nt to ~ 60-4.6
of th.1l! part llnd In COn!ltructlon fiUIr
contracUl in excesS of $10.000 neces-
Ban' in 'I'Inole or in. pa.rt to the perf or.
mn.nce of nonconslructlon F'ederal
contracts and subcontracts covered
under the Executlve Order.
B1'AmlAIlD F'DlJ:ll.AL EQUAL Jl::L'tI'WYHlOI1'l' Or-
FORnnfm. CONSTRUCTIon COflT1!.ACT BrIteI'
F1CATrOIU (E:u.clTrIVl: 0= llHlll
1. AJJ Ulled in these Gpecl!lC:Ltloru:
ll.. "Covered s.rell" IDesuw the BeolJI1l.phlcaJ
ll.Te.ll. de&crlbed In the wHcll.l:.t1on tram
which thls contrllct resl1.1~d;
b. "Dlrect.or" rnelUUl Director, Office 01
Federl>IContrIU:t COIDpll.:l.nce Profi.TI'JI1l:i,
UnIted BlaL-es D~pll.Ttrnent ot L:\bor, or IUIY
peJ"l!On to '1'{hom the Dlre.ct<Jr delegateD lW'
thorltr;
c. "Employer IdentlJle:AUoo number"
mCll.W the FedcraJ 80clrJ Security nwnb~r
used on the Employer'! QuArterlY l'ederaJ
Tu R.eturn. U.S. TrellJlW1' D;'lpD.rtment
Form IH 1-
d. "Minor1ty" lnc1udu: .
(\) Bln.ci: (ell ~CTl!OnIl ha v1IUl' orlglm in 1UIJ1
01 tho BllJ.Ck .AJrtcan fliOCU:l.l iP'Ou~ not of
H.lJlpanlc orlll1nl; .
(ill Hl.upll..I11c(llll pe~ of Me::d=
Puerto RIcan. Cubo..n., ecntnJ. or Bouth
AmerlCll..IJ or other Bp!Ui.i.sh Cu.lturtl OJ
origin, reliv.rd.les.s of race); .
(ill) /u!ILD IUld Pa.clJlc U;1.&ndar (all ~raon\
hll'rtm: Ortg-lnll In any of t.h4D ortginrJ people,
or the FIlI !D.;l..!lt. Sou thcl\lJt :Aeia. the lndlll.r
Subcontinent, or the F1>.clJ1:.c lJiliWd.!l); and
(Iv) i.merlcan lndiJul or A.\AJl\Ul.n tlnUv(
(1I.11 ~l1!0n.r. hp.v1nii orlu;1n:: In JUly of till
orlll"I.Ilal peopl6ll of North Amerl~ ll.fl(
rndnlillnlng IdcntUlll.blc trJ.btIl .,uflllll.tlolll
through membcnh.lp IWld pn.rtlclpll.Llon 0:
communlty ldentlHC:l.tianl.
2. WheneverLl1e Cont.I1ll0t0r, .or IlAl" Bub
contn.ct.or I:.t c.ny tier, rutwont.n.ct.Il r. par
lion 01 the worr. involvlr15 fi.ny contrlr'UctiOl
trndc, I t 1!..h~1J p hyJllc;;'.llY l,Delude to er,cl
nubwotn.ct In cxoer,9 01 G 10,000 the pravl
,Ions of thel!c mpeclIlDTIWaw I/..Od the tl OUD
which wntslns thll Il.ppllCl<lb!e &,oll..\ll lor rol
norlt)' llDQ ICIDl'-lc p::.rtlcJp;1,tioD wd whlcl
Iii !let forib J.o the ~ollcH~t.lQo.r, f)'1i)!l1 willc)
thl..~ con tnt,ct relltll ted.
Form 412
AFFIRMATIVE ACTION GOALS & TIMETABLE
J. It the Cont.ra.c:t.or l.II J)art1c1pI.Una (pur-
B\UUlt \..0. U CPR G0-4.11l in 1\ Homel,own
PlIUl '''Pprove{\ br tho U..B. D~pl\.rtment of
LtiliOr In th~ IcovcrcO area o!thcr lndlvlducl-
Iy or throUllh n.n u.n-octn. tlon. It.~ FilHrIJl&t1vo
floCt.lon obll1jt7?tlo[lJl on :.l.1 'I'Iorr.. In thc PllUl
. llJ"eR. (lncludl.p.g iOl\.U r.nd Umet!\ble!\l /l.hll.U
be in r..ccordlulct wlt.h Uu.t ptnn for tiloae
tn.dllll wWch llo.!'/O unlOn.ll pi-..rtlctp:.ttrw; in
the Pla.n. Cont.n.ct.cin mwt be ll.ble to dem-
owt.n.t.1l their partlctpr.tlon In ~nd ccmpll.
1UlC'.> wIth the provl.nl,onll ol.a..ny luch Borne.
to'lVIl PIElD.. Each contrl'..cUlr or 8ubccntr:.c.
. tor p.-.rtlc:lpll.tlOg In r.Ji epprovcd PIl\n Is IndI.
vldu.l'J.ly requlrcd to comply with llll obU(l..-
tlODl\ under t.heE-EO cl.l.\lUlC, Ilnd t,o mue II>
rood IlI.lth elfort to ~.ch1eve cl'\.eh !!,o!l.l under
tile Plan in c!il.cb t:i-~.de In whIch It hM em.
ployce!!. TI1C ovcn.ll good h.lI.h performLUlcc
by other Cont.n.ctorn. or t-Juhcontl""ctol1i
toWlU'd f. golll In Ul I'.pprove{\ l'l/ln do!:1\', not
exeunt any covered Contrl!.Ctor's or Bubcon-
t.n.ctOr'1 lLllureto t.~.!l;c good hllth C:Uort.ll to
J>.Ch.lOV,l\ tho PlAn Ilot\..lg;.nd tlmetablu.
-l.: The Cont.rs.ct-or I!.hllll Implement the
speclJlc atflrmAtlve t,ctlon Ilt.n.nd:ud~ pro-
vided in pMll-grnpl1.; 1m, through p 01 these
l!P{lcIJl~Uonl:- The rrOll.l.l.I g.ot lorth in the n.o-
llclu..tlon from which ti).ls eontmct reou1ted
l\n expre::~cd M perc'l:n~c~ 01 the totAl
hoUl1i 01 (l.!D.ploymcn~ IInd t.rnl.nlng 01 minor-
Ity r.nd fWlJ'.1o utlllJ;.;.tlon tho' Contn,ctor
lI.hould TelloWllAbly bt! I\.ble to r.ehleveln er.eh
construction t.rnde In TIWch It hIlA employ-
ea In t.he covered !\.re<l.. The Contnctor u;
exli.ect.ed t.o maltelloubzW\ntlr.lly unl10rm pro-
w;relIlI tUWl\.rd IUI Iilo;.l~ In ee.eb Crl...1t during
U:ul pertod ~peclllcd.
5. Neither the provlntOD.ll. 01 any collective
ba.r1rJ:...ln1nl\' s.greem e n t, nor th e f n.ll ure . b y 9.
union with whom t.he Contnu:t.or hlWl ll. col-
lective barg1l.lnInll Il.greement, to refer either
mlnortllell or women llhall eJtCll11C the Con-
~or'8 oblll!1ltlorul under t!lese llpeclflcn-
Uonn. Executlve Order 112~6, or the regula-
tlOIl8 prom\llguted PUI1lUlIJ1t ~hereto,
6. In order Jar the nonwort.lng tralnlng
houn of apprentices IIJ1d trainees 10 be"
counted in meetlng the go.ala, Buch appnm-
tl= IUld tnlnee.e rnUllt be employed by the
Contn.ctor durinEl the trainlng period, lmd
the ConL.n.ct:or rn\illthave mn.de tl. commit.-
ment to employ ~bc c.pprentlcen a.nd train-
eez at tile completion ot their trnlnlnl!, llUI:r-
}ect \..0 the nnllablllty of employrnentop-
portunltlea. Trnlnecn mUGt O{! trlllned pursu-
...nt \..0 tmlnlng proilTUJll.!l ll.pprO\'ed by t.he
D.e. Depll.1"tment 01 Ubor.
7. The Cont.n.ctor llhpJJ 1.U;e llpecutc affir-
mAtive (l.ct.lonn t.o en.:Jurt equil..! cmployment
opporttmlty. The evr.lur.tlon ot ~he Contrnc-
t.or'a cpmplllUlce with theM spec\J\cntlons
stull be bll.llcd. U;:lOll IlAl, cHort leo I\.clllcve
mA1tlmum remi.1t~ from 1U1 t...ctiorul. The Con-
tn.ctor shnll document tl1eal': ellort.5 fullY,
IUlQ IIhlll1lmplcment alflrmlltlvc action
ttcpll !lot lCMI. lJ.~ exteMlvc M the lollowtng:
L Ensure IUld rnnlntll.1n !\ worh:lnl( environ-
ment free: 01 \1!\IT...!:!rnent, lr.tiroI dr. tlon, amI
coercion /l.t Il.Il r;ltr.s, and In r.11 (ndUtles r;.t
r.hlch t.he Contnctor'. cmpllJyee~ r..~ n,r,-
l!11lD~ to '!'Tort.. The Contrll!'.tor, where po<-
nl'ble, will e,Mlgn t.T.o o. more 'Womou to ell.ch
co=tructlon project. The Contrnctor shnJ1
t<pccUloJ.ly eMu\-'C the.t !l.U t.orernen. fiuDer-
Intende.ntn, rmd other ,on.oB.e Guperl\aOnr
perl!~:mnc1 tJ1! ...m..re of r.nd cnITY aUI. Ulc
Cont.n'..c\..Or'z oblllifll.t1on to m..rn.1ntzln IJUch g,
wort.:ln.ll' environment., with weclJlc I\.tten-
tlon to minority or female indlvldUl'J.lll wort-
IIu: Il.t Vouch altc:!! or In 5uch IncUltle::.
b. E!rt.llIbllllh md ml\lnWn t\ c~nt lint or
minority Il.nd leJDll.lc recruitment sour=,
provlct.: mitten notUICl\tlon t.o mlnority IIDd
lemale recruitment noure~ i!.nd t.o commu-
nIty orgtlniz.nllODll when t.ho ContrM;t.or or
It~j unlom have employment opp-ortunltlell
Ilvallll>ble, and mn.lntnln II record of the orl'll-
nl;::q.lloru' renpon!lell.
c. Malnl.n.ln Po current me ot the nllInell,
lMIun:f!;)C!l r,nd telcphonc numbern of each
rnlnority IInel lemale ofl-thc-Iltreet ar.,Jlcnnt ..
nnd mlnorltyor femllle relerrn..! .rom t-
union, P. recruitment source or communI tv
ollfanJzntlon. Il,fld of what ll.etloll WJMl tall.en
with rCupect to each SllCh indlvlduD.l. If nuch
Individual .....1l.II Dent to the unlon hlrlnlJ hll.ll
for reJclT\l.I'and WM not referred baelt. t.o the
Contrnctor by the union or, U relerred not
employed by the Controct.or,' thLn nhll.ll be
document.ed In the file '1"11 th the rCMon
therefor, alonli with whatever addltlon!'l 1\0-
Uoan the ContM".ctor may hllvetall.en.
d. Frovlde hnmcdlate' written noUflcntlon
to the Director when the unIon or. unlonD
v/lth which the Contract.or hll.l! ~ eolleetlvll
llUllUlnlfll.! IlllTecment hM not rei erred t.o
the Cont.ractor 0. minority person or woman
cent by the Contrnetor, cr when the Con-
trccUlr hM other Information that the
unIon rclerral proccml han lmp.eded the Con-
tractor's cHorta \..0 meetllli obllgntlom.
c. D;:;vclop on-tlle.job tralnlngoPporluni-
tleD l.'I.ud/or pc.rtlclpate In trn.lnlng progrll.tn!l
for the r.rCll 1\'hk.h exprclWly Include minor-
ltle!! fdld ~OUlCJl, IncludIng upgrading pro-
llTnmII and npprcnUcenhlp and tnlinec pro-
IIT= rel!:vant to the Contnu:tor'n employ-
Dlent necdn, capcclnllY tholle progI'I\Ul!l
fWldecl or approved by the Department of
Lnbor. Thc Contn.ctor ohllll provide noUee
of thcn prOB-nunll t.o the llOUrCeJl complied
under 7b above,
f, DIElIemlnllte the Contractor's EEO
polley by provldlnll notice ot t.he polley to
unlonn .m.nd tmlnlng prollTD.ID1l IUld request-
Ing their cooperation In asslstlng the Con-
trnctor in mectlng 1l.1i EEO obllg~'lons; by
IncludlIllr It In Il,nypollcy manuD.l &lid collec-
tive bargaln1nli ll-1lTeement; by publlclzlng It
In the complUlY newspa.per, l>J1.l1ual report,
tte; by IJpcclflc review of.the polley wlth eJl
mlllIltllrernent personnel 'and with o.U minor-
Ity i;m(\ 1em~lc employees at lellSt once ll.
re:.:r; lmll by pooLl.ng theeompllny EEO
polley on bulletin boards Il.ccesslble to all
.. employe'ell fit each location where eonstruc-
tlon 'Work Ia perlormed.
f;. Review, I'I.t lelllltll.nnua.llY the eompll.-
IU"O EEO poliCy IUld n.tflrma.tlv'e IU:tlon ob\l.
Iill.tlon:: uudllr these speclIlcatlons with all
cmplort'~ havlIll.\ llny relJponslblllty for
hIring, CMialanmcnt, lnyoft, term1nll.t1on or
other employment declslollll lncluding spe-
clnc revtllw of these Itcnn wlth ol1.'llte Duper-
vIDOI; p-~nronn::l Bueh \l.!l Superlnl.cndenLs,
GllneT1l.1 Foremen. ct.c., prior t.o the lnitl-
:lllon 01 conrrtruct.lon wort.: lit lUlY Job r.lte. A
written n:cord 'ollai! be made o.nd mn.ln-
tn.lned lq;entUYlnllthe tlme IUld plnet: 01
tlu'.ae mcdlng;;, penonll attendIng, nubject
mane. dhwJlllCd. I'lnd dl1;pooltlon of the rub-
Jeet mllltcr. .
11. Di,,~emlnf,J,t.e the Contrnctor'D BEO
polley o::tcnw,ll17 by Includlnil It 111 n.nY Ild-
,nUlling IId.he ncWll medlll.. npccWellliy In-
cJudinfi. mlnorlty Il.nd lema.le ncWll medlll..
n.nd '. ;o-:!dIr1.f! m-rlttcn notlflcll.tlon t.o !'..nd
dl:cu~sln5 UHl Conlrncwr'c &EO policy wIth
other Con~rl:,ctornll.lld tl\lbcontl'1',ctorn with
..horn !.he Contrr.ctor docs or l!,.ntlctpatell
doine; bu~in=-
Page 412-3
L. Dtrect It1l recnr1t..mcnt erfort.ll, both ornl
Md wrltv.m. t,() m.\nority. f=ll.!e !!.Oct corn-
muD..tty ~tlon.a. to I:Cboo\Jl with mi.
norlty r.od ft:l:i:IlAle rrtudent.u n.nd to mJnorit....
n.nd feJDAlc r=uJtmcnt r.nd trn.lnlmI onrr.ni.
~tloIlll nerv\rlt'f the Con trnetor'n rcc:rul tm en t
flrel'> Ilnd CInployment, need-n. Tlot Ir.ter tl1r..Il
onc mont.h prior to the c\l).t~ tor the n.=CP-
l..IlDce 01 D.ppUcalloo.., lor r.pprenllccahlP or
other tJ1l1D.1ng by 1Ulj recruJUl1ept CQurcc.
t.he Cont.ractor nhrJ.! ~cnd WTltt.cn noUBc!\.
t.Ion t.o lJt1tlI.ILl:za.lloDB llUch M t.he n.bove, de-
!:Oiblnll'tho open.1n.Jl::r.. a=ninff pro=dure<..
IWd t.elltII t.o ~ used in the sclcctlon proc~.~::I.
J. Encour1\S"'=' prcocnt minority Nld IcIn~.lc
employeen to reerult other minority pernonn
r..nd women l\I1d. wbere reA,ll.onn.blc, provide
RJt~r Ilchool. BummCI' wO vn.or.tlon CInplo)'-
ment t.o m.lnor1tye.od lemn.1o youth troth on
t.he c;lte c.nd In other ILl"CM of .. Contrn.ctor'r,
Tiorld oree.
ILValld~te Il.Il testzlllJ1d other ~lectlon IT-
quln:mentll where there In IW obllKl\.tlon to
dl> co under H em Part 5{>-3.
1. Conduct., l.i'>t lee.J>t r.nnull.lly, an lnventor:
end evn.J.uatloD l\t leut 01 Illl minortty and
fcnw.le personnel for promolloon.! opportu.
nltlcu cnd encourr.,..!fe these cmployec..~ t.o
t:~cr. or to prepl!.rC lor, thrOUll'h flPproprinte
t:Tll.lntnt;, ct.c" Iluch opporttmltJa.
Il'~ En.3ure thn.t een\orityprr.etlce:J. .lob
c.lJ'lE:;lflcatloru;, worl>. MtllffIlIDents n.nd othcr
pCrllonnel prn.eLice.E. do not. have Do dlncrlml.
DlltCIT effect by c:ontlnuaJ.1y monltorlng llll
p:moID1CI I>nclc:mploymonl. related I!\ctlvlt~
t\l ~1='C thllot t.he E.EO po1.lc:r Uld the Con-
t;r"ctor'll obUgil.t1ons under thene Bpec1ilca-
UOIlll n..rc bclng CiUTled ouL.
. n. n:rumre that" e.ll lll.cUlt.le!l c.nu company
llctLTltlr:.a are nOIllle~ll'nt.cd OllC1:pt that nep-
ut.W or nlngle--um::r toilet n.nd nc=lU'3'
chlWs;lng tacUit.ell shll.ll be provIded to
Ilroure privacy between the seJtcs.
o. Document wd malntaln II record 01 ~n
llollcltll.tlorul 01 offers lor 511bcontn:,ct!; Irctn
mlnorlty IIJ1d 1eUln.1e con.struetlon cc>ntn.r.
tors a.nd 5uppllem. Includlng clrculatlon of '
BollclU\.tlorul to minority and lernale eontnL.
tor allIloclatloIlll a.nd other bu~lnrti5 M.!lcd.
r.tlons.
p. Conduct Il. review, r.t lel\.8t !UUlu~,lly, vI
eJ.l supervl1;ors' adherence to g.nd perl ()i.
IIlllIlce under the Cont.ru.ctor'8EEO pol!~r:
r.nd I!.f!lrmntlve u.ctlon obllgntloru;.
. n. contrn.ctors Me cncollri~ed to p~Jt!.~).
pate In voluntJ!.I"Y !l.lISOclll.tlon..~ which ~,;;;hi
in fulJUilng one or more of their uf\rnlJ:,tiyt ,
8,ctlon obllll"atfonn (71\ through pl. The ~i.
lor.n of a contTl!.ctor /l.DZoc!:l.tlou, joint cc;:,.
tractor-union, contmctor-coIll!Ilunltr, "
OUleT l>lrnll~ llToup of "hlch the contnctcr
l.z t. men'\ber and parUclpF~nt. may b~ t.r;trt..
cd 8.5 JuHU)l,ng n.ny one or more 01 ItB. obll.;;::~
t\ons under '7l). through p of these 8pcclflcp>-
tlODS provIded thr.l. the c:ontrnct.or acUnJ:;
putlclpatcz; In the ~roup, mu'''' c.-ol
eHort to D5Sure that the lUoup hM r. p-:lfr
tlve Impa.ct on thc employment of mlp.cr.
Itleo f..nd women In t.he Indu.ntn', ==
that the concrete bencflts 01 the pro;rrI:m
sre r~f1ected In the Contru.clor'c ml110lttr
tlnd femz.le "orll:10rce partlclp\'J.tlon, IDniC'l ~
goo:Ue.lth e/Jort t.o meet It~ Individual ia~.J1
and tlmew>.bler. r.nd CJ:,.I1 prov'lde M)CC!:'l1r.
do=Cl1Wltlon wl11ch c1eIDoIl.llU-rt,tc; th~ ,i.
lectlven= of n.ct.Jorv:: ~cn on behalf c1 l.lH
C0ntn.ctor. TnI.' obllgr>Llon to c.Olupl)', hoo;;.
e...er, Ir, the Contmetor'" rend lallure 01 ~\K~
U\ !lTO\.lP to lulJl11 iJ,.n obllg..tlon ehrill not In ~.
defenst for the Contrnd.or'B noncomfJ\lwc~.
Form 412
AFFIRMATIVE ACTION GOALS & TIMETABLE
9: A lflnfile lrolLl tor m1norttlell !\.lId .. tep;\-
n.t.e sin<<le galLl lor women hav~ b-ecn mt.a/).
lliIhed. The Contractor, however, I.!I requlrol
to provide eQulLl crnploYU1'~nt opportunl1V
and lo t.a.lte r.1flrm&tlve. .cUon lor ~lJ mlnt'l-
Ity rrroupa, both mAle ILl1d 'J"mr.lc, :.nd 18
women. both mlnor1ty and IlOD.mJ.norllf,
CorulequenUy, the Conlnct.Or may be In r19'
\Jl.lIon of the E::teC\ltlve Order If II p~.rUCUlnl
IrTOUP Us employed In. II lftIbllta.ntln.lly c11.(lp!\-
rnte manner (for e1tnnlple, even t1lOugh thl
Conln\.CtOr h~.J) achieved It.!! !)"OaUs lor 1llOIllC1l
ll'encrnllY. the Contrnct-or may In In 710!~
tloe of the EJl;ecuUve Order U I'. upcdJlc f.cl.
nortty group 01 women Is underutllUiedl.
10. The Contnct-or mall not we the goo!:!
wd tlmct.n.blc:l or Il1fLrmatlve acUon st~1I-
c\J!.rds W dinc:r1.minnte sgulnst !lIlY perron ll~
OWlC of I1l.O::, color, rellglon, !fCX, or nlLUo!ltl
orlgin.
11. The Cont.:rnctor !fhn.ll not alter mI.,
t.DY BubcontJ"1\.Ct with IU1Y penon Ill" flrlIl b
~d trom Government contn\cta P'UJ'ii1I"
r.nt to Executive Order 11216. .
12. The Contrnctor 811n.ll CMTT !nit wctI
N.DcUO[).!l r.nct pen<lClJ lor vlol:\Uotl cf
tb est: !fP'f:Cl11ca t10na IlIJd ot the EqJj,J Opf/Ot'-
tunl ty Clnul!e, lncl uding 5llllpexmon.' tl:nm.
nallon o.nd Cll.IIcellntloe of cxlBtlml aulwtm-
t.n.ctJI l!.lI IDll.Y be Impolled or ordered purn-
ant to Executive Order 11~H6, 114 e.mi:n_
IUld ItII implementing relfU.!aUol1ll, DY Lll2
Of!lce of l"edern.! ContI"l'-Ct CompH= Pn-
gn,.mIl. filly Contrnl::tor who hill.!! t.!! cnrtf
out such Bl\.I1ctlOl1ll a.nd pcnn.ltlcn at\lillb~ R
violatIon of these specUlcn.tlons wd ExWl!-
tlve Order 11246, I\.Il e.mended.
13. The Cont.nl.Ctor, in fulJllllng ItA obll<:l;llo
tloI1llunder these apecUIClItlona, ~luilllm~~
ment speclIlc &1flnnatlve actlon llterm. M
lell.llt D.l! elttenn~'Te llJl thoae ~tMdr.rt1ll }<..-
nenl>e<! In pe.rngrnph 7 of th= ~clJ1t11-
tloru, !IO M to llochlevc mrulmum rrm.U1f
from Ita eHorUl to ennure eque1 emplo~.
oppartunlt,. l! the Contractor fp~ \0
complY with the requirements of the Jr.1~
tlVCl Order, the implementing- regulatioN, or
thc311 llpeclflCl'.tlonA, the Dlrectorlilil/.l1 pro-
ceed In lI-CCordlU1~ wtth 41 CPR 60-1.11.
l{. The ContrtlCtor &h!1.11 dealgrun.tc II. re-
Ipbn&.lbl,~, o!!lclrJ to monitor lill employment
rd.!l.te{\ r..ctlvltl' to ennure th~.t the compAnY
EEO policy I. lnlng CJLTrled ouL, to I.tubmlt
r;;portl1 rt.l:.tlug t.o the provilllllnJl hereof ll..'
mn.y Ix! rCQIUred b)' the Guvernment ~nd to
lr.ecp records. Recorclll Hhn.U l/.t lewt Include
for Ol\.ch cmployeto the name; r.ddr=. tele-
phone n\L':nh~n. construcUon' trr.de. union
:Jfllll\tlon U Wy, employcll ldcrltlfl=tlon
numher wlH:1l t>,.SSlgned, lJ.oct:i.l eecurlty
PUID'her, rr.CC, E,er.:, stn.IWi te.ll.. m~cba..nic. J.P-
prenllce, t.J1'.J.ne~. helper. or 'Il>Dorerl, de-tell
of chWgC6 In Iltn,tur., tlOuTO TJort.ed per wcet;
tri the Ind.lCll.ted trade, rate 01 p~y, and loea.
UOnJl lI.l which the wort: WM perlormcd. Re'
cord., 'nht.ll t:-e ffill.i.ntAlned in nn e.!'.!lllY lin.
der:;undn.blc p.nd rel.rlcvl\.ble lorm: lJ.o'i".'cver,
to the de!fl'ecthe.t erlsttng r":DrdE "'lttl~IY
thln requlrcmcnt. controcLon .'!Iudl not be
rt:Qwred 10 rn~.lnt.\\ln r,ep~>r:.te record~.
H. Notnlnll herein provlde<l shall be con.
Itrued Il-'l I'. IlmIta.tlon upon the r.ppllcr.t1on
of other Ir.W8 wh1ch ent.ll.bl13h dLJferent stan.
daniJ! of. compliance or upon the' c,ppllca.tlon
of reQulrementll lor the hlrlnj!" 01 local or
other IlJ'ca resIdent" (e.g:" those under the
PUblic Woru Employment Act or 1977 and
the CommunJty De\'elopmenL Block Grunt
PToIlTB.m).
(bl The notice set forth In .u CPR
CO-L2 and the specifications set forth
In H CPR 60-1.3 replace the New
F'orm tor Federal Equal Employment
OpportunIty Bid Conditions for Feder-
al r..nd FederallY Assisted Construction
published at 41 PR 324B2 nnd com-
monlY known as the 1uodel Federal
EEO Bid Conditions. and the New
Form shall not be used after the regu-
lations in 41 CPR part 60--1. become ei.
feetlve.
Page 412-4
Form 412
AFFIRMATIVE ACTION GOALS & TIMETABLE
CHANGES IN APPENDIX B
PURSUANT TO OFCCP REGULATIONS - 41 CFR PART 60-4
Until further notice, the following goals for minority utilization in each construction craft and trade shall
be included in all Federal or federally assisted construction contracts and subcontracts in excess of $10,000 to
be performed in the respective geographical areas. The goals are applicable to each nonexempt contractor's
total onsite construction workforce, regardless of whether or not part of that workforce is performing work on a
Federal, federally assisted or nonfederally related project, contract or subcontract.
Construction contractors which are participating in an approved Hometown Plan (see 41 CFR 60-4.5)
are required to comply with the goals of the Hometown Plan with regard to construction work they perform in
the area covered by the Hometown Plan. With regard to all their other covered construction work, such
contractors are required to comply with the applicable SMSA or EA goal contained in this Appendix B-'80.
APPENDIX B-80
GOALS FOR MINORITY UTILIZATION
Auqusta. GA.
Goals
(Percent)
MINORITY FEMALE
SMSA Counties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Columbia, Richmond & Aiken, S.C.
27.2
6.9
Non-SMSA Counties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32.8
Burke, Emanuel, Glascock, Jefferson,
Jenkins, Lincoln, McDuffie, Taliaferro,
Warren, and Wilkes.
I
Page 412-5
501
PERFORMANCE & PAYMENT BOND
(See Attachment)
501-1
I
I
502
INSURANCE
(See Attachment)
502-1
503
NON-SEGREGATED FACILITIES CERTIFICATION
CERTIFICATION OF NON-SEGREGATED FACILITIES
BY PRIME CONTRACTOR
The BIDDER certifies that he does not maintain or provide for his employees any segregated facilities
at any of his establishments, and that he does not permit his employees to' perform their services at any
location under BIDDER's control where segregated facilities are maintained. The BIDDER certifies further that
the BIDDER will not maintain or provide for BIDDER's employee any segregated facilities at any of BIDDER's
establishments, and that the BIDDER will not permit BIDDER's employees to perform their services at any
location under BIDDER's control where segregated facilities are maintained. The BIDDER agrees that a
breach of this certification will be a. violation of the Equal Opportunity clause in any contract resulting from
acceptance of this BID. As used in this certification, the term "segregated facilities" means any waiting rooms,
work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and
other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees which 'are segregated by explicit directive or are in
fact segregated on the basis of race, color, religion, or nation origin, because of habit, local custom, or
otherwise. The BIDDER agrees that, except where the BIDDER has obtained identical certification from
proposed sub-contractors for a specific time period, BIDDER will obtain identical certifications from proposed
sub-contractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity clause, and that Bidder will retain such certification in BIDDER's files.
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. ~1001.
Date
,20~.
(Name of BIDDER)
Official Address
By
(Contractor's Name)
As its
(Title)
(City, State, Zip)
*Must be included without alteration
503-1
TECHNICAL SPECIFICATION INDEX
SECTION #
SECTION NAME
# ofP AGES
02100
02200
02280
02441
02444
02485
02513
02515
02790
02980
Site Preparation
Earthwork
Soil Treatment
Irrigation System
Chain Link Fences
Hydro-Seeding
Asphaltic Concrete Paving
Concrete Curbs, Walks and Paving
Tennis Court Color Surfuce
Site Equipment
02100-01 : 02100-03
02200-01 : 02200-010
02280-01 : 02280-03
02441-01 : 02441-07
02444-04 : 02444-06
02485-01 : 02485-05
02513-01 : 02513-010
02515-01 : 02515-08
02790-01 : 02790-03
02980-01 : 02980-02
SECTION 02100
SITE PREPARATION
PART 1 GENERAL
01.01 DESCRIPTION
A. Perform site preparation work as shown and specified. The work includes:
1. Protecting existing trees to remain.
2. Removing trees and other vegetation.
3. Stripping lawn areas.
4. Stripping and stockpiling topsoil.
5. Removing designated site improvements.
B. Related Work ifspecified in other sections:
1. Section 02200: Earthwork.
1.02
QUALITY ASSURANCE
A.
Comply with Section 02000 requirements.
1.03
PROJECTCONDnnONS
A.
Perform site preparation work before commencing site construction.
B.
Locate, protect, and maintain active utilities and site improvements to remain.
C.
Provide necessary barricades, coverings, and protection to prevent damage to existing
improvements indicated to remain.
D.
Restore to original grades and conditions, areas adjacent to site disturbed or damaged
as a result of site preparation work.
2.01
MATERIALS
A.
Materials and equipment: As selected by the Contractor, except as indicated.
PART 3 EXECUTION
3.01 CLEARING
02100-01
A. Locate and suitably identifY trees and improvements indicated to remain.
B. Clear and grub areas within contract limits as required for site access and execution of
the work.
C. Remove trees, plants, undergrowth, other vegetation, and debris, except items
indicated to remain. Strip weeds and grass.
1. Fell trees in a manner to prevent injury adjacent facilities and to trees
scheduled to remain.
2. Use hand methods for grubbing inside the drip line of trees to remain. Strip
grass materials to a maximum depth of 1 " under tree canopies. Carefully till
or scarify existing grade to a depth of 1". .
3. Remove stumps and roots to a clear depth of36" below subgrades. Remove
stumps and roots to their full depth within 5'-0" of underground structures,
utility line~ footing~ and paved areas.
D.
Protect existing trees scheduled to remain against injury or damage, including cutting,
breading, or skinning of root~ trunks or branches; smothering by stockpiled
construction materials, excavated materials or vehicular traffic within branch spread.
3.02
STRIPPING TOPSOIL
A.
Strip topsoil to its full depth at building areas, and all areas to be regraded, resurfaced,
or paved within contract limit work area.
B.
Stockpile topsoil in a location acceptable to the Architect, for use in finish grading
and preparation of lawns and planting beds.
1. Stockpiled topsoil shall be free :from trash, brush, stones over 3" diameter, and
other extraneous matter.
2. Grade and slope stockpiles for proper drainage and to prevent erosion.
3. No topsoil shall be removed from the site.
B. Protect all areas which are not to be resurfaced or regraded, and adjacent areas outside of
the contract limits :from damage due to site preparation work.
02100-02
3.03
3.04
3.05
A.
SITE IMPROVEMENTS
Existing utilities:
.. 1. Information on the drawings relating to existing utility lines and services is
from. the best sources presently available. All such infonnation is furnished
only for information and is not guaranteed. Excavate test pits as required to
. determine exact locations of existing utilities.
DISPOSAL OF WASTE MATERIALS
A.
Stockpile, haul from site, and legally dispose of waste materials and debris.
A.
Transport waste materials to designated disposal areas on Owner's property. Dispose
of waste materials as directed.
B.
Maintain disposal routes clear, clean, and free of debris.
C.
On-site burning of combustible cleared materials is not permitted.
CLEANING
A.
Upon completion of site preparation work, clean areas within contract limits, remove
tools, and equipment. Provide site clear, clean, and free of materials and debris and
suitable for site work operations.
END OF SECTION
02100-03
SECTION 02200
EARTHWORK
PART 1 GENERAL
1.01
SUBSURFACE SOILS INVESTIGATION
A.
The Contractor prior to bidding, shall perform whatever subsurface investigation he
deems necessary to comply with the conditions and requirements of this project
1.01 DESCRIPTION
A. Perform earthwork as shown and specified. The work includes:
1. Site grading and filling to indicated elevations, profiles and contours.
2. Excavating and backfilling.
3. Subgrade preparation for structure slabs, curbs, walks and paving.
4. Topsoil distribution and:finish grading.
5. Stone rip rap were shown on plans.
6. Granular base under structure slabs-on-grade.
B. Related applicable work:
1. Section 02100: Site Preparation.
2. Section 02513: Asphaltic Concrete Paving.
3. Section 02515: Concrete Curbs, Walks, and Paving.
1.02
QUALITY ASSURANCE
A.
Comply with Section 02000 requirements.
B.
Testing and inspection; Performed by a qualified independent testing laboratory,
under the supervision of a registered professional engineer, specializing in soils
engineering.
C.
Provide and pay for testing and inspection during earthwork operations. Laboratory,
inspection service, and Soils Engineer shall be acceptable to the Architect.
02200-01
D. Materials and methods of construction shall comply with the following standards:
1. American Society for Testing and Materials, (ASTM)..
2. American Association of State Highway and Transportation Officials,
(AASHTO).
3. National Fire Protection Association, (NFPA).
1.03 PROJECT CONDITIONS
A Known underground and surface utility lines are indicated on the drawings.
B. Protect existing trees, plants, lawns, and other features designated to remain as part of
the landscaping work.
c. Protect excavations by shorin~ bracing, sheeting, underpinning, or other methods, as
required to prevent cave-ins or loose dirt from entering excavations.
Barricade open excavations and post warning lights at work adjacent to public streets
and walks.
D. Underpin adjacent structure(s), including utility service lines, which may be damaged
by excavation operations.
E. Promptly repair damage to adjacent fucilities caused by earthwork operations. Cost
of repair at Contractor's expense.
F. Promptly notify the Architect of unexpected sub-surface conditions.
G. Protect bottoms of excavations and soil beneath and around foundation from frost and
:freezing.
H. Grade at excavations to prevent surface water draining into excavated areas. Keep all
areas drained at all times by ditching, pumping or other approved methods.
PART 2 PRODUCTS
2.01
MATERIALS
A.
All fill material is subject to testing and inspection.
B.
Fill materials: Inert subsoil material free of organic matter, rubbis~ debris, and rocks
greater than 6" diameter and meeting the following requirements.
02200-02
1. Plastic index of not more than 30 - ASTM 0424.
2. Minimum laboratory dry weight at optimum moisture content of 11 0 pounds
per Cll. ft.
3. Provide imported fill material as required to complete the work. Obtainrights
and pay all cost for imported materials.
4. Utilize on-site borrow fill material, when borrow fill is required to complete
the work. VerifY on-site borrow fill material and locations with the Architect.
Regrade and. restore areas used for on-site borrow fill as directed by the
Architect.
5. Suitable excavated materials removed to accommodate new construction
may be used as :fill material subject to soils Engineer's inspection and
approval.
C. Granular base: AASHTO M43, #6, (3/8" to 3/4") clean uniformly graded stone or
gravel.
D. Topsoil: Natural, friable, fertile soil characteristic of productive soil in the vicinity,
reasonably free of stones, clay lumps, roots, and other foreign matter.
1. Utilize on-site stockpiled topsoil as required to complete the work.
2. Proposed topsoil material shall be acceptable to the Architect.
E. Rip Rap: Round carbonate stones of fragmented carbonate rock, dense, sound, and
free of cracks or se~ shale, clay, friable materials and debris, 18" to 24" thick.
Provide all rip rap materials as required to complete the work.
F. Other materials required for proper completion of work: As selected by Contractor
and acceptable to Architect.
PART 3 EXECUTION
3.01
PREPARATION
A.
Establish extent of grading and excavation by area and elevation. Designate and
identify datum elevation and project engineering reference points. Set required lines,
levels, and elevations.
B.
Do not cover or enclosed work of this Section before obtaining required inspections,
tests, approvals, and location recording.
02200-03
3.02 EXISTING UTILITIES
A. Before starting grading and excavation, establish the location and extent of
underground utilities in the work area Exercise care to protect existing utilities
during earthwork operations. Perform excavation work near utilities by hand and
provide necessary shoring, sheeting, and supports as the work progresses.
B. Maintain, protect, relocate, or extend as required existing utility lines to remain which
pass through the work area Pay costs for this work, except as covered by the
applicable utility companies.
C. Protect active utility services uncovered by excavation.
D. Remove abandoned utility service lines :from areas of excavation. Cap, plug, or seal
abandoned lines and identify termination points at grade level with markers.
E. Accurately locate and record abandoned and active utility lines rerouted or extended
on project record documents.
3.03 SITE GRADING
A. Perform grading within contract limits, including adjacent transition areas, to new
elevations, levels, profiles, and contours indicated. Provide subgrade surfuces parallel
to finished surface grades. Provide uniform levels and slopes between new elevations
and existing grades.
B. Grade surfaces to assure areas drain away from structures and to prevent ponding and
pockets of surface drainage. Provide subgrade surfaces free from irregular surface
changes and as follows:
1. Rough grading: Plus or min us 0.10 ft. subgrade tolerance. Finish required
will be that ordinarily obtained from either blade-grader or scraper operations.
2. Provide subgrade surface free of exposed boulders or stones exceeding 4" in
greatest dimension unpaved areas; 2" lawn and planting areas.
3. Lawn and planting areas: Allow for 4" average depth of topsoil at lawn areas,
and planting areas.
4. Paved areas: Shape surface of subgrade areas to line, grade, and cross-section
indicated. Provide compacted subgrade suitable to receive paving base
materials. Subgrade tolerance plus 0, minus 112".
02200-04
5. Granular base: Grade subgrade surface smooth and even, free of voids to the
required subgrade elevation. Provide compacted subgrade suitable to receive
granular base materials. Tolerance 1/2" in 10'.0".
6. Provide earth mounding where indicated.
7. Drainage ditches: Grade to profiles indicated.
C. Grading at existing trees to remain:
1. Perform grading, within branch spread of existing trees to remain, by hand
methods to elevations indicated.
2. Cut roots cleanly to depth 3" below proposed finish grade.
3.04 EXCAVATING
A. Excavate for structures to elevations and dimensions shown. Extend excavation a
sufficient distance from foundations to permit placing and removal of form work,
installation of materials, services and inspection. Hand trim foundation excavations to
final grade just before concrete is placed. Remove loose, soft materials, and all
organic matter. Footings sball bear on approved undisturbed bearing soil.
B. Obtain inspection and testing of foundation excavations by Soils Engineer before
concrete is placed.
C. Excavate for curbs, walks, and paving to cross-sections, elevations, and grades
indicated. Allow for base material.
D. Earth excavation shall include the satisfactory removal and disposal of all materials
encountered, regardless of the nature of the materials, the condition of the materials at
the time they are excavated, or the manner in which they were excavated, except
materials classified as rock excavation.
E. Extra excavation: Excavate unsatisfactory soil materials extending below required
elevations to depth as directed. Obtain unsuitable materials are those conforming to
classes PT, OH, CH, MH, OL, CL, or ML as descn1>ed under the "Unified Soil
Classification System".
F. Unauthorized excavation: Backfill and :fill all overexcavation to proper grades. Fill
overexcavation at footings with 1,500 psi concrete. Additional labor and material for
unauthorized excavation and remedial work at Contractor's expense.
G. Shore, sheet, or brace excavations as required to maintain them secure. Remove
shoring and bracing as backfilling progresses, when bands are safe against caving.
02200-05
H. Do not excavate footings or slabs to the full depth when freezing temperatme may be
expected, unless footings or slabs are placed immediately after the excavation has
been completed. Protect excavation bottoms from :freezing when the placing of
concrete is delayed.
3.05 DRAINAGE
A. Provide necessary pumps and drainage lines and maintain excavations, including
footings and pits, free from water, ice and snow during excavating and subsequent
work operations.
B. Provide drainage of the working area at all times.
3.06 PROOF-ROLLING
A. After excavation operations have been accomplished, the'
Contractor shall proof-roll with a fully loaded 20-ton dump truck or its equivalent,
with two complete passess in each of the two perpendicular directions. Areas which
exhibit "pumping" during proof-rolling shall be undercut and replaced with suitable fill
materials at the expense of the Contractor. Proof-rolling shall be done in the presence
of the Architect. (Notify Architect in advance for scheduling.) Proof-rolling
reference is for all areas of site beyond 5' of building walls.
3.07 FILLING, BACKFILLING, AND COMPACTING
A. Obtain inspection and approval of subgrade surfaces by Soils Engineer prior to filling
operations. Scari:fY, dry, and compact soft and wet areas; remove and replace
unsuitable subgrade materials with an approved compacted fill material. Take
corrective measures before.placing:fill materials.
1. Topsoil not permitted as fill or backfill material within structme or earthen
dam limits or under paved areas.
B. Spread approved fill material uniformly in layers not greater than l' ofloose thickness
over entire fill area.
1. Lift thickness requirements many be modified by Soil Engineer to suit
engineer to suit equipment and materials or other conditions when required to
assure satisfactory compaction.
2. Moistme-condition fill material by aerating or watering and thoroughly mix
material to obtain moisture content permitting proper compaction.
02200-06
3. Place and compact each layer of fill to indicated density before placing
additional fill material. Repeat filling until proposed grade, profile, or contour
is attained.
4. Suspend fill operations when satisfactory results can not be obtained because
of environmental or other unsatisfactory site conditions. Do not use muddy or
frozen fill materials. Do not place fill material on muddy or frozen subgrade
surface.
5. Maintain surface conditions which permit adequate drainage of rain water and
prevent ponding of surfi1ce water in pockets. When fill placement is
interrupted by rain, remove wet surf3ce materials or pennit to dry before
placing additional fill material.
E. Place backfill materials in uniform layers not greater than l' loose thickness over
entire backfill area.
F. Fill all areas of settlement to proper grade before subsequent construction operations
are performed.
G. Compaction:
1. Provide compaction control for all :fill and backfill.
2. Compact top 12" of subgrade and each layer of fill or backfill material at
foundatio~ slabs-on-grade retaining walls, and paved areas to 100% of
maximum dry density at optimum moisture content in accordance withAS1M
D698 Standard Proctor Method. Extend compaction at least 5'-0" at both
sides of foundations and retaining walls and at least 1-0" beyond slabs-on-
grade and paving.
3. Compact top 6" of subgrade and each layer of:fill material at lawns and
unpaved areas to 90% of maximum dry density at optimum moisture content
in accordance with ASTM D698 Standard Proctor Method.
4. Water settling, puddling, and jetting of fill and backfill materials as a
compaction method are not acceptable.
5. Maintain moisture content of materials, dming compaction operations within
required moisture range to obtain indicated compaction density.
6. Provide adequate equipment to achieve consistent
and uniform compaction of:fill and backfill materials.
02200-07
H. Provide minimum 4" depth of granular base tmder structme concrete slabs-on-grade.
Refer to Section 02514 for asphaltic concrete paving base and Section 02515 for
concrete curbs, walks, and paving base.
3.08 FINISH GRADING
A. Uniformly distn'bute and spread stockpiled topsoil. Provide 4" average depth at lawn
areas and planting areas. Provide additional imported topsoil as required to complete
the work. Use loose, dry topsoil. Do not use frozen or muddy topsoil. Place during
dry weather.
B. Fine grade topsoil eliminating rough and low areas to ensure positive drainage.
Maintain levels, profiles, and contoms of subgrades.
c. Remove stones, roots, weeds, and debris while spreading topsoil materials. Rake
surfaCe clean of stones 1" or larger in any dimension and all debris. Provide surfaces
suitable for soil preparation provided under lawn and planting work. Areas shall be
left smooth and evenly fine graded.
D. Manually install topsoil at trees to repl8in Avoid damage to root systems.
E. Rip rap:
1. Provide rip rap work as indicated, including culvert inlet and outlets,
channelization and secondary pond overflow.
2. Prepare subgrade to proper profile as indicated, when not indicated, as
directed by the Architect.
3. Install rip rap with smaller sizes adjacent to K. Finish grade shall not vary
more than 3" :from proposed surface elevations.
4. Culvert inlet and outlets; channelization and overflow: Provide minimum 12"
thick placement or as indicated.
F. Maintenance:
1. Protect finish graded areas :from traffic and erosion. Keep:free of trash and
debris. Repair
and re-establish grades in settled, eroded, and damaged areas.
2. Where completed areas are disturbed by construction operations or adverse
weather, scarify, re-shape, and compact to required density.
02200-08
3.09
3.10
A.
B.
C.
D.
FIELD QUALITY CONTROL
Provide field quality control soils testing and inspection during earthwork operations.
Contractor shall provide adequate notice, cooperate with, provide access to the work,
obtain samples, and assist testing agency and their representatives in execution of their
function.
Fill materials: Test proposed materials to verifY suitability for use, gradation of
material, moisture-density relation by ASTM D698 Standard Proctor Method, design
bearing value, and percent of organic materials.
Subgrade surfaces: Base on visual examination at the site, provide bearing tests as
required to verifY subgrade surfaces are adequate and meet or exceed design bearing
valves.
1. Structure slabs and paved areas: Make at least 1 test for each 2,000 sq. ft. of
slab or paved area.
E. Compactio~ operations: Provide full-time inspection and testing during structure
slabs and paved areas:filling and compaction operations. Test each lift offill to verify
compaction meets specified requirements. Provide periodic inspection and testing
during site area :filling and compaction operations.
1. Structure slabs and paved areas: Make 1 test for each 2,000 sq. ft. of slab or
paved area.
2. Parking area:fill: One test per 10,000 sq.ft. of area per 1 foot of lift. One test
per.
3. Base: Make 1 test per 10,000 sq. ft.
4. Overall areas: 1 test per 20,000 sq. ft. and area per l' lift.
5. Additional tests may be requested where deemed necessary by the Architect.
DISPOSAL OF WASTE MATERIALS
A.
Stockpile, haul from site, and legally dispose of waste materials, including excess
excavated materials, rock, trash, and debris.
B.
Maintain disposal route clear, clean, and free of debris.
02200-09
3.12
CLEANING
A.
Upon completion of earthwork operations, clean areas within contract limits, remove
tools, and equipment. Provide site clear, clean, :free of debris, and suitable for site
work operations.
END OF SECTION
02200-010
SECTION 02280
SOIL TREATMENT
PART 1 GENERAL
01.01 DESCRIPTION
A. Provide soil treatment as shown and specified. The work includes:
1. Soil treatment for subterranean termite control at structure slabs-on grade.
B. Related work:
1.02
A.
B.
C.
1.03
A.
B.
C.
1.04
A.
U.
1. Section 02200: Earthwork.
QUALITY ASSURANCE
Comply with Section 02000 requirements.
Applicator: A Licensed pest control company, specializing in the application of soil
treatment solutions for termite control.
Materials and methods of application standards: Comply with current HUD Manual
of Acceptable Practices Publication and with recommendations contained in USDA
H&G Bulletin #64.
SUBMITTALS
Submit manufacturer's product data and installation instructions.
Submit certification of applicator's qualifications.
Submit applicators warranty.
DELIVERY, STORAGE, AND HANDLING
Deliver materials in original, unopened labeled containers.
Store and handle soil toxicants in accordance with manufacturer's recommendations.
Exercise care to prevent damage to installed materials and work.
02280-01
1.05
1.06
A.
A.
PROJECT CONDmONS
Apply soil toxicants only after excavating, filling, and grading operations are
completed, except as otherwise required in construction operations and acceptable to
applicator.
WARRANTY
Provide a written warranty, signed by the Contractor and applicator, certifying the
following provisions:
1. Soil treatment has been performed in accordance with the specification
requirements.
2. Effectiveness of treatment will continue for not less than 5 years after
treatment date. .
3. All evidence oftermite infestation within warranty period shall be retreated in
accordance with these specifications at no additional cost to the Owner.
4. Damage to each structure caused by termites within warranty period shall be
corrected without cost to the Owner.
PART 2 PRODUCTS.
2.01
MATERIALS
A.
Use only water-based emulsion soil chemicals. Solutions shall not be injurious to
plantings.
B.
Provide working solutions containing one of the following chemicals at the listed
concentrations:
1. Aldrin: 0.5% applied in water emulsion.
2. Chlordane: 1.0010 in water emulsion.
3. Dieldrin: 0.5% applied in water emulsion.
4. Heptachlor: 0.5% in applied in water emulsion.
02280-02
PART 3 EXECUTION
3.01 INSPECTION
A. Examine substrates and installation conditions. Verify soil treatment work can
properly commence. Do not start soil treatment work until unsatisfactory conditions
are corrected.
3.02 APPLICATION
A. Apply soil treatment solutions in accordance with manufacturer's installation
instructions. Comply with manufacturer's recommendations for subgrade preparation
and application of materials.
B. Slab-on-grade construction: Apply soil poisoning chemical solution under entire
surface of slab at the rate on gal. per 10 sq. ft. Provide 1 1/2 gal. per 10 sq. ft. when
fill is coarse granular material.
C. Apply soil poisoning chemical solution uniformly under entrance platformS, sidewalks
and other paved areas abutting and within 5' - 0" of the stru~ture at rate of2 gal. per
10 sq. ft. .
3.03 CLEANING
A. Upon completion of soil treatment work remove tools and equipment. Provide site
clear, clean, free of debris, and suitable for site work operations.
3.04 PROTECTION
A. Provide signs at application areas; remove when treated areas are covered by other
work.
B. Cover and protect Treated surfaces under slabs until covering slabs are placed.
END OF SECTION
02280-03
SECTION 02441
IRRIGATION SYSTEM
PART 1 GENERAL
1.01 DESCRIPTION
A. Provide an underground irrigation system as shown and specified. The work
includes:
1. Irrigation system including piping, fittings, sprinkler quick coupling
vlaves, and accessories.
2. Testing.
3. Excavating and backfilling irrigation system work.
4. Pipe sleeves.
B. Related Documents:
1. Drawings and general provisions of the Contract,
including General and Supplementary Conditions and
other Division 1 Specification Sections, apply to
this Section.
2. Section 02490: . Trees, Plants, and Ground Covers.
1.02
QUALITY ASSURANCE
A.
Installer's qualifications:. Minimum of 5 years experience installing irrigation
systems of comparable size.
B.
Materials, equipment, and methods of installation shall comply with the
following codes and standards:
1. National Fire Protection Association, (NFPA): National Electrical
Code.
2. American Society for Testing and Materials, (ASTM).
3. National Sanitation Foundation, (NSF).
4. The Irrigation Association, (IA).
02441-1
c. Excavating, backfilling, and compacting operations.
1. Test irrigation system prior to installing backfill materials where
possible.
1.03
SUBMITTALS
A.
Submit manufacturer's product data for controllers.
B.
Upon irrigation system acceptance, submit written operating and
maintenance instructions.
c.
Provide irrigation system record drawings:
1. Located dimensioned locations of all valves.
2. Locate path of main line from service point.
1.04 DELIVERY, STORAGE, AND HANDLING
A. Deliver irrigation system components in manufacturer's original undamaged
and unopened containers with labels intact and legible.
B. Deliver plastic piping in bundles, packaged to provide adequate protection of
pipe ends, both threaded or plain.
c. Store and handle materials to prevent damage and deterioration.
D. Provide secure, locked storage for valves, sprinkler heads, and similar
components that can not be immediately replaced, to prevent installation
delays.
1.05 PROJECT CONDITIONS
A. Known underground and surface utility lines are located on the plans.
Contractor shall coordinate with General Contractor for as-built locations.
B. Protect existing trees, plants, lawns, and other features designated to remain
as part of the final landscape work.
C. Promptly repair damage to adjacent facilities caused by irrigation system
work operations. Cost of repairs at Contractor's expense.
D. Promptly notify the Architect of unexpected sub-surface conditions.
02441-2
E. Irrigation system layout is diagrammatic. Exact locations of piping, sprinkler
heads, valves, and other components shall be established by Contractor in
the field at time of installation to conform to.minor changes in construction.
1. Space sprinkler components as indicated.
2. Minor adjustments in system layout will be permitted to clear existing
fixed obstructions. Final system layout shall be acceptable to the
Architect.
PART 2 PRODUCTS
2.01
ACCEPTABLE MANUFACTURERS
A.
Manufacturer: RAIN BIRD & HUNTER
2.02
MATERIALS
A.
General:
1. Provide only new materials, without flaws or defects and of the
highest quality of their specified class and kind.
2. Comply with pipe sizes indicated. No substitution of smaller pipes will
be permitted. Larger sizes may be used subject to acceptance of the
Architect. Remove damaged and defective pipe.
3. Provide pipe continuously and permanently marked with
manufacturer's name of trademark, size schedule and type of pipe,
working pressure at 73 degrees F. and National Sanitation
Foundation (NSF) approval.
B. Plastic pipe, fittings, and connections:
1. Polyvinyl chloride pipe: ASTM 02241, rigid, unplasticized PVC,
extruded from virgin parent material. Provide pipe homogeneous
throughout and free from visible cracks, holes, foreign materials,
blisters, wrinkles, and dents.
a. 2 1/2" diameter and under: Bell & socket glued. (Zone Lines
class 200.
02441-3
2. PVC pipe fittings: ASTM 02241 schedule 40 PVC molded fittings
suitable for solvent weld, slip joint ring tight seal, or screwed
connections. Fittings made of other materials are not permitted.
a. Size slip fitting socket taper to permit a dry unsoftened pipe
and. to be inserted no more than halfway into the socket.
Saddle and cross fittings are not permitted.
b. Schedule 80 PVC may be threaded.
C.
Sprinkler heads, valves, and associated equipment:
1. Refer to drawings materials list.
2.03
ACCESSORIES
A.
Drainage fill: 1/2" to 3/4" washed pea gravel
B.
Fill: clean soil free of stones larger than 2" diameter foreign matter, organic
material, and debris.
1. Provide imported fill material as required to complete the work.
Obtain rights and pay all costs for imported materials.
2. Suitable excavated materials removed to accommodate the irrigation
system work may be used as fill material subject to the Architect's
review and acceptance.
C. Valve access boxes: Tapered enclosure of rigid plastic material comprised
of fibrous components chemically inert and unaffected by moisture corrosion
and temperature changes. Provide lid of same material, green in color. Size
according to number of valves in box.
1. 12" deep x 18" long x 13" wide base dimensions.
2. 10" deep x 13" diameter base dimension.
3. 9" deep x 8" diameter base dimension.
PART 3 EXECUTION
3.01 INSPECTION
02441-4
A.
Examine final grades and installation conditions. Do not start irrigation
system work until unsatisfactory conditions are corrected. If work is started
then conditions will be considered acceptable.
3.02
PREPARATION
A.
Layout and stake the location of each pipe run and all sprinkler valves.
B.
Place sleeves as indicated for installation of piping and control wire.
INSTALLATION
3.03
A. Excavating and backfilling:
1. All excavation shall be considered unclassified excavation and
include all materials encountered.
2. Excavate trenches of sufficient depth and width to permit proper
handling and installation of pipe and fittings.
3. If the pulling method is used, the pipe "plow' shall be a vibratory type.
Starting and finishing holes for pipe pulling shall not exceed a l' ~O"
by 3'-0" opening.
4. Excavating to depths required to provide 2" depth of earth fill or sand
bedding for piping when rock or other unsuitable bearing material is
encountered.
5. Fill to match adjacent grade elevations with approved earth fill
material. Place and compact fill in layers not greater than 8" depth.
6. Install irrigation lines with a minimum cover of 12" based on finished
grades.
B. Plastic pipe:
1. Install plastic pipe in accordance with manufacturer's installation
instructions. Provide for thermal expansion and contraction.
2. Saw cut plastic pipe larger than 1". Use a square-in-sawing vice, to
ensure a square cut. Remove burrs and shavings at cut ends prior to
installation.
3. Make plastic to plastic joints with solvent weld joints or slip seal joints.
02441-5
Use only solvent recommended by the pipe manufacturer. Install
plastic pipe fittings in accordance with pipe manufacturer's
instructions. Contractor shall make arrangements with pipe
manufacturer for all necessary field assistance.
4. Make plastic to metal joints with plastic male adapters.
5. Make solvent weld joints in accordance with manufacturer's
recommendations.
6. Allow joints to set a least 24 hours before pressure is applied to the
system.
C. Sprinklers, fittings, valves, and accessories:
1. Install fittings, valves, risers, and accessories in accordance with
manufacturer's instructions, except as otherwise indicated.
2. Provide concrete thrust blocks where required at fittings and valves.
3. Set sprinkler valves perpendicular to finished grades, except as
otherwise indicated.
4. Install sprinkler valves with an adjustable triple swing joint riser of at
least 3 standard 90 degree elbows. Fabricate triple swing joint risers
of schedule 80 PVC nipples an schedule 40 PVC elbows. The
horizontal nipple connected directly into the side of the lateral line
shall be minimum of 3" long. All other nipples of the swing joint riser
shall be of length as required for proper installation of the sprinkler
head.
5. Install in-ground control valves in a valve access box as indicated.
6. Install valve access boxes on a suitable base of gravel to provide a
level foundation at proper grade and to provide drainage of the
access box.
E. Flushing, testing, and adjustment:
1. After sprinkler piping and risers are installed and before sprinkler
valves are installed, open control valves and flush out the system with
full head of water.
02441-6
2. Perform system testing upon completion of each section. Make
necessary repairs and retest repaired sections as required.
3.04 DISPOSAL OF WASTE MATERIAL
A. Stockpile,- haul from site, and legally dispose of waste
materials, including unsuitable excavated materials, rock, trash, and debris.
B. Maintain disposal route clear, clean, and free of debris.
3.05 ACCEPTANCE
A. Test and demonstrate to the Architect and Owner the satisfactory operation
. of the system free of leaks. Irrigated areas will be inspected at completion of
. installation and after the contractor has personally inspected the operation of
the system. .
B. Instruct the Owner's designated personnel in the operation of the system,
including adjustment of sprinklers. controller(s), valves, controls, and/or
moisture sensing controls.
C. Upon acceptance the Owner will assume operation of the system.
3.06 CLEANING
A. Perform cleaning during installation of the work and upon completion of the
work. Remove from site all excess materials, soil, debris, and equipment.
Repair all damage resulting from irrigation system installation.
END OF SECTION
02441-7
SECTION 02444
CHAIN LINK FENCES
PART 1 GENERAL
01.01 DESCRIPTION
A. Provide chain link. fencing as shown and specified. The work includes:
1. Standard steel chain link fence systems.
2. Gates and related hardware.
3. Tennis courts enclosures.
B. Related work:
1. Section 02200: Earthwork.
1.02
QUALITY ASSURANCE
A.
Comply with Section 02000 requirements.
B.
Provide chain link fences and gates as complete units produced by a single
manufacturer ~ including necessary erection accessories, :fittings, and fastenings.
C.
Installation: Performed only by the manufacturer or an experienced chain link fence
installer approved by manufacturer.
D.
Materials and installation shall comply with the following standards:
1. American Society for Testing and Materials, (ASTM).
2. Chain Link. Manufacturers Institute, (CLM!).
1.03
SUBMITTALS
A.
Submit Installer's certification that furnished materials meet specification
requirements.
02444-01
1.04
1.05
A.
B.
DELIVERY, STORAGE, AND HANDLING
Deliver chain link fence materials in the manufacturer's original packaging with tags
and labels intact and legible.
Handle and store material to prevent damage and deterioration.
PROJECT CONDITIONS
A.
Do not begin chain link fencing installation before completion of final grading.
PART 2 PRODUCTS
2.01
2.02
MATERIALS
A.
Tennis Court chain link fabric: One-piece width,:full height up to 10'-0",2" mesh,
9 gauge (0.148") steel wire.
B.
Chain link fabric: One-piece width, full height up to 12'-0", 1-3/4" mesh, 11 gauge
(0.120") steel wire.
1. Finish: Galvanized, ASTM A392, Class I, 1.2 ounces zinc per sq. ft. of
surface. Coated after fabric fabrication.
2. Salvages:
a Top salvages shall be knuckled and bottom salvages twisted.
b. Top and bottom salvages knuckled for tennis court enclosure fabric.
c. Framework: Provide manufacturer's standard except as otherwise indicated.
1. Finish: Ga1vanize~ ASTM AI20 or AI23, riot less than 1.8 ounces zinc per
sq. ft. of surface.
D.
Hardware and accessories: Provide manufacture's standard hardware and
accessories, except as otherwise indicated.
1. Finish: Galvanized, ASTM A152.
COMPONENTS
A.
End, corner, and pull posts:
02444-02
1. 3" schedule 40 pipe, 5.75 lbs. per lineal foot.
B. Line posts:
1. 2" schedule 40 steel pipe, 2.72 lbs. per lineal foot.
c. Gate post: Gate leaves 6'-0" wide or less.
1. 3" schedule 40 steel pipe, 5. 791bs. per lineal foot.
D. Top and brace rails:
1. 1 5/8" steel pipe, 2.27 lbs. per lineal foot.
2. Provide continuous top tails in manufacturer's longest l~ with wxpansion
type couplings for each joint. Provide necessary fittings for attaching top rail
to each gage, comer, pull, and end post.
E. Gate :frames: Up to 6'-0" high and leaf width 8'-0" or less.
1. 1 5/8" steel pipe, 2.27 lbs. per lineal foot.
F. Gate :frames: Over 6'-0" high, or leaf width exceeding 8'-0".
1. 2" steel pipe, 2.72 lbs. per lineal foot.
G. Post Braces: Provide bracing assemblies, for fences 6'-0" high or over, at each end
and gate posts, and at both sides of comer and pull posts.
1. Locate horizontal brace at mid-height of fabric.
2. Use 1 5/8" steel pipe, for horizontal brace and 3/8" diameter rod with
turnbuckle for diagonal truss.
H.
Provide 1 5/8" OD steel pipe center rails between line posts for fences 12'-0" high or
over.
I.
Stretcher bars, shall be 3/16 x 3/4" with length 1" less than fabric height.
J.
Ties and clips shall be aluminum.
2.03
ACCESSORIES
A.
Tubular post tops: Weather tight closure caps, 1 top for each post. Provide tops with
openings to accommodate top rails. Finish matching framework finish.
2444-03
2.04
B.
C.
A.
B.
C.
Sleeves, stretcher bars, stretcher bar bands, clips, ties, rail ends, fasteners, fittings, and
accessories: Provide manufacturer's standard complying with CLMI specifications.
Finish matching framework :finish.
Concrete: ASTM C94 ready-mixed concrete, minimwn 28-day compressive strength
of2,500 ps~ air-entrained 2% to 4%.
GATES
Fabricate gate perimeter frames of tubular members assembled by welding or with
special fittings at comers. Provide additional horizontal and vertical members to
ensure proper operation and for attachment offabric, hardware, and accessories.
Gate fabric: Metal and :finish matching fence. fabric.
Gate hardware: Provide manufacturer's standard hardware, complete with latches,
stops, keepers, and hinges complying with CLMI specifications. Provide hardware of
sufficient design and strength for satisfactory gate operation. All hardware shall be
industrial type.
PART 3 EXECUTION
3.01
INSPECTION
3.02
3.03
A.
Examine final grades and installation conditions. Do not start chain link fence system
work until unsatisfactory conditions are corrected.
PREPARATION
A.
Layout complete fence line.
B.
Locate and mark post positions. Space line posts equally and at maximwn 10'-0" on
center spacing. Provide pull posts.
C.
Provide corner posts at positions where fence changes direction more than 10
degrees.
INSTALLATION
A. Install the chain link fence system in accordance with the manufacturer's installation
instructions and complying with CLMI specifications.
02444-04
B. Provide a rigid, plumb, finished fence structure with fabric tight and in tension; of the
height indicated on the drawings. Use stretcher bars at each end, gate, corner, pull
posts and one for each gate and end posts, two for each corner and pull posts.
C. Drill post holes into firm, undisturbed, or co.mpacted earth.
1. Hole diameter: Minimum 3 times the post diameter.
2. Hole depth: Minimum 3" deeper than the post setting depth.
3. Post depth: Minimum of36" depth.
4. Gate post depth: In accordance with manufacturer's recommendations for
gate size indicated, minimum of 36" depth.
5. Remove excavated post hole soil :from the site.
5. Excavated post hole soil may be spread uniformly adjacent to fence line.
D. Install gate, end, corner, pull, and line posts in conprete foundations.
E. Place foundation concrete and tamp for consolidation. Align each post both vertically
and laterally. Hold imposition during concrete placement t and finishing operation.
1. Trowel :finish tops offootings, and slope to direct water away from posts.
2. Set keeps, stops, sleeves, and other accessories into concrete as required.
3. Grout-in posts set into sleeved holes with non-shrink exterior type grout.
F. top rails: Install continuously through post caps or extension arms.
G. Center rails: Provide center rails where required.
H. Brace assemblies: Install brace assemblies where required.
J. Stretch fabric tight between terminal posts. Install on security side of fence, and
anchor securely to :framework with aluminum ties each fifth picket.
1. Position bottom of fabric maximum of I" above ground level at each post. To
prevent short sags or dips in the top of the fence post heights shall be adjusted and
grade adjusted at the bottom of the fence.
02444-05
2. Position bottom of fabric flush with grade at tennis court enclosures.
3. Position and anchor bottom of fabric in concrete footing at backstops.
K. Cut fabric to form continuous piece between terminal posts.
1. Pull the fabric taut and clip or tie to posts, top rail and bottom tension wire at
each 5th picket.
2. Install fabric on the security side of the fence.
3. Anchor to framework so that the fabric remains in tension after the pulling
force is released.
4. Bend wire ties to minimize hazard to persons.
5. Peen boh threads to prevent removal of nuts.
L. Install gates plumb, level, and secure for :full opening without interference.
1. Adjust hardware for smooth operation.
2. Lubricate where necessary.
M.
Install barbed wire with 3 parallel wires on each extension a.rm, tensioned and secured
to extension arms.
3.04
CLEANING
A.
Perform cleaning during installation of the work and upon completion of the work.
Remove from site all debris and equipment. Repair all damage resulting from chain
link fence system installation.
END OF SECTION
02444-06
SECTION 02485
HYDRO..sEEDING
PART 1 GENERAL
1.01 DESCRIPTION
A. Provide seeded lawns as shown and specified. The work includes:
1. Soil preparation.
2. Hydroseeding open earth areas, not otherwise planted or surfaced.
3. Mulching.
4. Maintenance.
1.02 QUALITY ASSURANCE
A. Comply with acceptable industry standards.
1.03 SUBMITTALS
A. Submit seed vendor certification for required grass seed mixture, indicating
percentage by weight, and percentages of purity, germination, and weed
seed for each grass species.
1.04 DELIVERY, STORAGE, AND HANDLING
A. Deliver seed and fertilizer materials in original unopened containers,
showing weight, analysis, and name of manufacturer. Store in a manner to
prevent wetting and deterioration.
1.05 PROJECT CONDITIONS
A. Work notification: Notify Architect at least 5 working days prior to start of
seeding operations.
B. Protect existing utilities, paving, and other facilities from damage caused by
seeding operations.
C. Perform seeding work only after planting and other work affecting ground
surface has been completed. Plant Bermuda and lor Ryegrass during
season stated on plans The contractor shall schedule all grading work so
02485-1
that grassing can be accomplished during the proper season.
1.06
WARRANTY
A.
Provide a uniform stand of grass by watering, mowing, and maintaining
seeded areas until final acceptance. Reseed areas, with specified materials,
which fail to provide a uniform stand of grass until all affected areas are
accepted by the Architect.
PART 2 PRODUCTS
2.01
MATERIALS
A.
Lawn seed: Fresh, clean, and new crop seed mixture.
1. Mixed by an approved methods.
2. Composed of the following varieties, mixed to the specified
proportions by weight and tested to minimum percentages of purity
and germination. Poa Annua, Bent grass, and noxious weed seed
free.
B. Grass seeding(as specified on plans).
1. Bermuda (permanent).
2. Ryegrass (temporary).
C. Fertilizer:
1. Granular, non-burning product composed of not less than 50%
organic slow acting, guaranteed analysis professional fertilizer.
a. Type A: Starter fertilizer containing 10% nitrogen, 10%
phosphoric acid, and 10% potash by weight or similar
approved composition.
b. Type B: Top dressing fertilizer (if installed during growing
season only) containing 31% nitrogen, 3% phosphoric acid,
and 10% potash by weight or similar approved composition.
D. Ground limestone: Containing not less than 85% of total carbonates and
ground to such fineness that 50% will pass through a 100 mesh sieve and
90% will pass through a 20 mesh sieve.
02485-2
E. Wood cellulose fiber mulch: Degradable green dyed wood cellulose fiber or
100% recycled long fiber pulp, free from weeds or other foreign matter toxic
to seed germination and suitable for hydromulching.
F. Tackifier: Liquid concentrate diluted with water forming a transparent 3-
dimensional film like crust permeable to water and air and containing no
agents toxic to seed germination.
G. Water: Free of substance harmful to seed growth. Hoses or other methods
of transportation furnished by Contractor.
PART 3 EXECUTION
3.01 INSPECTION
A. Examine finish surfaces, grades, topsoil quality, and depth. Do not start
seeding work until unsatisfactory conditions are corrected. If started then
the conditions are considered acceptable by the grassing contractor.
3.02 PREPARATION
A. Limit preparation to areas which will be immediately seeded. Areas to be
seeded are to be brought to final grade. All open earth areas not surfaced,
planted shall be seeded.
B. Loosen topsoil of lawn areas to minimum depth of 4". Remove stones over
1" in any dimension and sticks, roots, rubbish, and extraneous matter.
C. Grade lawn areas to a smooth. free draining even surface with a loose,
moderately coarse texture. Roll and rake, remove ridges, and fill
depressions as required to drain.
D. Apply limestone, at rate of 1500 Ibs per acre. Distribute evenly by machine
and incorporate thoroughly into topsoil.
E. Apply type A fertilizer to indicated turf areas at a rate equal to 1.0 lb. of
actual nitrogen per 1,000 sq. ft. Apply fertilizer by mechanical rotary or drop
type distributor, thoroughly and evenly incorporated with soil to a depth of 3"
by disking or other approved method. Fertilize areas inaccessible to power
equipment with hand tools and incorporate into soil.
F. Restore prepared areas to specified condition if eroded, settled, or otherwise
disturbed after fine grading and prior to seeding.
02485-3
3.03
A.
3.04
INST ALLA TION:
Hydroseeding:
1. Use a hydromulcher (sprayer) and apply mixture(s) at the following
rates. Mix in accordance with manufacture~s recommendations.
2. Apply mixture A hydroseed slurry to indicated steep erosion prone
areas.
a. Seed: Bermuda or Ryegrass.
b. Type A fertilizer: As specified above.
c. Tackifier: 60 gals/acre:
d. Wood cellulose fiber mulch: 2,000 Ibs.lacre.
e. Limestone: Rate as specified above.
B. Provide straw bale checking in ditches or problem swales at intervals required to
adequately slow water velocity and impede soil loss.
MAINTENANCE
A.
Maintain seeded lawns until completion and acceptance of the entire project.
B.
Maintain seeded lawn areas, including watering, spot weeding, mowing,
applications of herbicides, fungicides, insecticides, and re-seeding until a
full, uniform stand of grass free of weeds, undesirable grass species,
disease, and insects is achieved and accepted by the Architect. The areas
to be grassed were cultivated fields and were heavily infested with weeds
when a site visit was made. The contractor should expect to provide post
emergence herbicide treatments to gain acceptance.
1. Water to maintain adequate surface soil moisture for proper seed
germination. Continue watering for not less than 30 days. Thereafter
apply 1/2" of water twice weekly until acceptance.
2. Repair, rework, and re-seed all areas that have washed out, are
eroded, or do not catch.
3. Mow lawn areas as soon as lawn top growth reaches a 3" height. Cut
02485-4
C.
3.05
3.07
back to 2" in height. Repeat mowing as required to maintain specified
height.
4. Apply Type B fertilizer (if installed during growing season only) to
lawns approximately 30 days after seeding at a rate equal to 1.0 lb. of
actual nitrogen per 1000 sq. ft. (140 Ibs.lacre). Apply with mechanical
rotary or drop type distributor. Thoroughly water into soil.
Maintain seeded banks, ditches, medians, and fields to the extent of
establishment only. Re-grade and re-seed washed out or eroded areas as
required until a suitable cover is established.
ACCEPTANCE
A.
2. No individual lawn areas shall have bare spots greater than 1 sq. ft.
and shall have a 95% cover.
B.
Upon acceptance, the Owner will assume lawn maintenance.
CLEANING
A.
Perform cleaning during installation of the work and upon completion of the
work. Remove from site all excess materials, debris, and equipment. Repair
damage resulting from seeding operations.
END OF SECTION
02485-5
SECTION 02513
ASPHALTIC CONCRETE PAVING
PART 1 GENERAL
01.01 DESCRIPTION
A. Provide asphaltic concrete paving as shown and specified. The work includes:
1. Final subgrade preparation and paving base.
2. Roadway, parking, and walkway paving.
3. Repairing and resurfacing existing asphaltic concrete paving.
4. Asphalt courts.
5. Pavement striping and markings.
B. Related work:
1. Section 02200: Earthwork.
2. Section 02515: Concrete Curbs, Walks, and Paving.
1.02
A.
B.
C.
C.
D.
QUALITY ASSURANCE
Comply with Section 02000 requirements.
Testing and inspection: Performed by a qualified independent testing laboratory.
The contractor will pay for all tests during paving operations.
Laboratory and inspection service shall be acceptable to the Architect.
Materials and methods of construction shall comply with the following standards:
1. Georgia Department of transportation Specifications
2. American Society for Testing and Materials, (ASTM).
3. American Association of State Highway and Transportation Officials,
(MSHTO).
4. Asphalt Institute, (AI).
5. National Crushed Stone Association. (NCSA).
6. International Slurry Seal Association, (ISSA).
E. Provide material finnished by a bulk asphaltic concrete producer regularly engaged in .
the production of hot-mix, hot-laid asphaltic concrete paving materials.
02513-01
F. Tolerances:
G.
1.03
1.04
1.05
1. In-place compacted thickness:
a Base course: Maximum 1/2" plus, minus 0".
b. Surface course: Maximum 1/4" plus, minus 0".
2. Finished surface smoothness:
a Base course: Maximum 3/8" in 10'-0".
b. Surface course: Maximum 1/4" in 10'-0", any direction.
Construct street and access driveway curb cuts and entrance apron paving in
accordance with local requirements.
SUBMITTAL
A.
Submit reports for testing and inspection of the following:
1. Subgrade surfaces.
2. Base materials.
3. Surface materials.
4. Compactiono~atiom.
DELIVERY, STORAGE, AND HANDLING
A.
Deliver manufactured products in manufacturer's original, unopened, and undamaged
containers with labels intact and legible.
B.
Store and handle manufactured products to prevent damage and deterioration.
PROJECT CONDITIONS
A.
Weather limitations:
1. Do not install base course materials over wet or frozen subgrade surfaces.
2. Do not apply prime and tack coat materials when temperature is 50 degrees F.
or below. Do not apply to wet base surface.
02513-02
3. Install asphalt surface materials only when base is dry and air temperature is
40 degrees F. or above.
B. Grade control: Establish and maintain the required lines and grades, including crown,
inverted crown, and cross-slopes, for each course during paving operations.
C. Provide temporary barricades and warning lights as required for protection of project
work and public safety.
D. Protect adjacent work from damage, soiling, and staining during paving operations.
PART 2 PRODUCTS
2.01
MATERIALS
2.02
A.
All material shall be in accordance with the latest standards of the Georgia
Department of Transportation.
EQUIPMENT
A.
Paving equipment: Spreading, self-repelled asphalt paving machines capable of
maintaining line, grade, and thickness shown.
B.
Compacting equipment: Self-propelled rollers, minimum 10 ton weight.
C.
Hand tools: Rakes, shovels, tampers, and other miscellaneous equipment required to
complete the work.
D.
Pavement marking equipment: Provide spray machines specifically designed for
pavement marking.
PART 3 EXECUTION
3.01
INSPECTION
3.02
A.
Examine subgrades and installation conditions. Do not start asphaltic concrete paving
work until unsatisfuctory conditions are corrected.
PREPARATION
A.
Proofroll the subgrade and do all necessary rolling and compacting to obtain firm,
even subgrade surface. Fill and consolidate depressed areas. Remove uncompact1ble
materials, replace with clean :fill, and compact to 100% of the maximum dry density in
02513-03
accordance with ASTM D698 Standard Proctor Method.
B. Treat scheduled paved areas subgrade with soil sterilizer herbicide. Apply herbicides
in strict accordance with manufacturer's installation instructions and recommended
application rates.
C. Frame adjustments:
1. VerifY frames for manholes, catch basins, and other such units, which areas to
be paved, are at their proper elevation.
2. Adjust frames as required to match paving. Provide
temporary closures over openings until completion of rolling operations.
Remove closures at completion of the work. Set covers to grade, flush with
the surface of adjoining pavement surmce.
D. Field verifY extent and location of paving scheduled for replacement, repair, and
resurfacing. The work includes:
1. Removal and replacement of existing asphaltic concrete pavement surfuce and
base materials where indicated.
2. Filling trenches in existing paving, repairing pavement seams and providing
pavement butt type joint paving where indicated.
3. Overlay of existing pavement surfaces where indicated.
E.
Coordinate junction of new and existing pavement. Saw cut existing pavement to
provide a uniform straight line transition. Meet existing surface levels and maintain
drainage slopes. Feathering of transitions is not acceptable.
F.
Repair existing pavement before installing new surface materials. Cut out depressions
a minimum depth of 1 " with vertical cuts. Install fresh surface materials and compact
with rolling equipment. Feathering of patches is not with rolling equipment.
Feathering of patches is not acceptable. Apply tack coat to contact surfaces of
existing pavement, curbs, and structures abutting pavement.
3.03
INSTALLATION: GENERAL
A
Comply with Asphalt Institute (AI) MS-3 Asphalt Plant Manual for material storage,
control and mixing, and for plant equipment and operation.
B.
Transport asphaltic concrete mixtures form the mixing plant to the project site in
02513-04
trucks with tight, clean compartments.
C. Thoroughly clean existing pavement surfaces by air blowing, brooming orvacumning
before starting repair or resurfacing operations.
D. Pavement replacement:
1. Remove and waste existing asphaltic concrete pavement surface and base
materials where indicated.
2. Obtain inspection and approval of subgrade surfilces by Soil Engineer prior to
installing fill or paving base materials.
3. Disc, dIy, and recompact or undercut soft and wet subgrade virgin soils prior
to placement of any engineered fill. Excavate unsatisfactory soil materials
extending below subgrade elevation to depth as directed by the Soils
Engineer.
4. Place engineered :fill in layers not to exceed 8" in loose thic~ess with each
layer compacted to 100% of the maximum dry density in accordance with
ASTM D698 Standard Proctor Method or as specified by the Soils Engineer.
5. Exercise care dming earthwork operations to provide adequate surface
drainage of all silty-clay soils. Absorption of heavy rainfall, accumulations of
water, and heavy construction traffic may result in softening silty-clay soil, and
severely weakening subgrade soils shear strength.
6. Coordinate paving replacement work with installation of perimeter drainage
and underdrains provided under Section 02400 work.
7. Install base material.
8. Install prime coat or tack coat as applicable.
9. Install leveling and surface courses.
E. Existing trenches:
1. Remove and waste existing trench :fill to subgrade level.
2. Install base material.
3. Install prime coat or tack coat as applicable.
02513-05
4. Install leveling and surface courses.
F. Pavement seams:
1. Remove and waste existing loose asphaltic concrete surface material.
2. Rill seams with an emulsion slurry or liquid asphalt mixed with sand.
3. Wipe treated surface, with a rubber edged squeegee to eliminate build-up.
4. Install tack coat.
5. Install leveling and surface courses.
G. Pavement repair:
1. Remove and waste existing asphaltic concrete surface material.
2. Install prime coat or tack coat as ~plicable.
3. Install leveling and surface courses.
H. Pavement butt type joints:
1. Where existing asphaltic concrete surfaces abut existing concrete horizontal
surfaces, remove and waste existing asphaltic concrete for a width of 36".
1. Where existing asphaltic concrete surfaces abut existing asphaltic concrete
horizontal surfaces, remove and waste existing asphaltic concrete for a width
of 24".
2. Install prime or tack coat as applicable.
3. Install leveling and surface courses.
I. Leveling course for areas that require more than 1/2" :fill:
1. Install tack coat over entire leveled area.
2. Install leveling course.
3. Install surface course.
02513-06
1. Overlay course for existing pavement:
1. Install tack coat over entire overlay area.
2. Install overlay surface course.
3.04 INSTALLATION: BASE MATERIALS
A. Install aggregate base materials up to 6" thickness in single course; install 6" and
greater thickness in 2 equal single course~ base course and top course, total
compacted depth as scheduled.
B. Compact aggregate base materials to 100% of ASTM D698 maximwn dry density
until a uniformly-smooth, hard surface, complying with the lines, grade~ elevations,
and cross-sections shown has been established. Moisture may be added at job site to
aid compaction.
3.05 INSTALLATION: SURFACE MATERIALS
A. Remove loose and foreign material from compacted base immediately before
application of surface materials. Do not start surface work until all other work which
my damage the finish surface is completed.
B. Apply rime coat uniformly to aggregate base at the rate of 0.15 to 0.25 gal. per sq. yd.
Allow to dry and cure as required.
C. When asphalt surface material is not installed innnediately following the
bituminous aggregate base course installation, apply tack coat at base course,
following acceptance by Architect, at the rate of 1 =0.05 to 0.10 gallons per sq. yd.
Allow to dry and cure as required.
D. Install asphalt surface materials in two courses, leveling course and surface course,
total compacted depth as scheduled.
E. Install overlay surfuce materials at areas scheduled for resurfacing in single course,
graded to provide positive
drainage, _ to minimum ** ~ thick compacted depth. Apply tack coat to
existing paving surface at rate scheduled.
F. Place, spread, and strike off the asphalt concrete mixture on a properly prepared and
conditioned surface. Inaccessible and small areas may be placed by hand. Place each
course to the required grade, cross-section, and scheduled compacted thickness.
G. Place materials in strips not less than 10'-0" wide. After the first strip has been placed
and rolled, place all succeeding strips and extend rolling to overlap previous strips.
02513-07
Complete base course for a section before placing surface course materials.
H. Carefully make joints between old and new pavemen~ and between successive day's
work, to ensure a continuous bond between adjoining work. Construct joints to have
the same texture, density, and smoothness as other sections of the asphalt concrete
course.
I. Apply tack coat to contact surfaces of existing pavement, cms, and structures
abutting pavement.
J. Begin rolling operations when the asphalt concrete mixtme will bear the weight of the
roller without excessive displacement. Compact areas inaccessible to rollers with
vibrating plate compactors.
K. Perform breakdown, second and finish rolling until the asphalt concrete mixture has
been Compacted to the required surface density and smoothness. Continue rolling
until all roller marks are eliminated. Provide a smooth compacted smface true to
thickness and elevations required.
L. After final rolling, do not per it vehicular traffic on the pavement until it bas cooled
and hardened, and in no case sooner than 8 hours.
M. Protect newly placed material :from traffic be barricades or other suitable methods
acceptable to the Architect.
N. Patch and repair existing street paving damaged or removed to accommodate new
curbs, walks, and entrance aprons.
3.06 PAVEMENT STRIPING AND MARKINGS
A. Thoroughly clean finished asphalt surfaces before applying striping and markings.
Remove loose materials, dirt, and dust.
3.07
**
OMIT IF TESTING AND INSPECTION NOT REQUIRED.
A.
Provide field quality control testing an d inspection during asphaltic concrete paving
operations.
B.
Contractor sball provide adequate notice, cooperate with, provide access to the work,
obtain samples, and assist Test Agency and their representatives in execution of their
function.
02513-08
C. Before constructing base course, field verifY subgrade surfaces are adequate and meet
or exceed design bearing values. Provide a minimum of 1 test for each type of paving
required.
D. When requested, perform.laboratory tests on asphalt pavement mixes to determine
compliance with specified requirements.
E. Perform 1 series of compaction tests for aggregate base for each course for each day's
work.
F. Test in-place asphalt base course and surfuce courses for compliance with density and
thickness. Take not less than 4" diameter pavement specimens of each completed
course. Repair test specimen holes to match adjacent work.
G.
H.
3.08
3.09
I. Average density of in-place material: Equal to or
greater than 97%, with no individual determination
less than 95% of average density of laboratory specimens.
2. Perform 1 test for density for each course for each day's work.
3. Thickness: Make 1 test (minimum) for each 5,000 sq. ft. of each type of
paving.
Test for surface smoothness with 10'-0" straight-edge. Deficient areas shall be
defined, removed, and replaced or adjusted to design thickness by methods acceptable
to the Architect.
When, during progress of work, field tests indicate that installed compacted materials
do not meet specified requirements, remove defective materials, install new materials,
and retest at Contractor's expense, as directed by the Architect.
PROTECTION
A.
Protect paving from damage due to construction and vehicular traffic until final
acceptance.
CLEANING
A.
Perform cleaning during installation of the work and upon completion of the work.
Remove from site all excess mat~ debris, and equipment. Repair damage
resulting from paving operations.
B.
Sweep pavement and wash free of stains, discolorations, dirt, and other foreign
material immediately prior to final acceptance.
02513-09
3~10
A.
B.
PAVEMENT SCHEDULE
Automobile parking area paving:
1. Base: 6" compacted depth.
2. Leveling course: 1" compacted depth.
3. SurfBce course: 1" compacted depth.
Walkway paving:
1. Base: 4" compacted depth.
2. Surface course: 2" compacted depth.
END OF SECTION
02513-010
SECTION 02515
CONCRETE CURBS, WALKS, AND PAVING
PART 1 GENERAL
01.01 DESCRIPTION
A. Provide concrete curbs, walks, and paving as shown and specified. The work
includes: .
1. Final sub-grade preparation and paving base.
2. Curbs, walks, and paving.
B. Related Work:
1. Section 02513: Asphaltic Concrete Paving.
1.02
QUALITY ASSURANCE
A.
Comply with Section 02000 requirements.
B.
Materials and methods of construction shall comply with the following standards:
1. American Society for Testing and Materials, (ASTM).
2. American Concrete Institute, (ACI).
C.
Maintain field records of time, date of placing, curing, and removal of forms of
concrete in each portion of work.
D.
Do not change source or brands of cement and aggregate materials during the course
of the work.
E.
Construct street and access driveway curb cuts, entrance apron paving, curbs, and
sidewalks subject to ** GA. DOT SPECS. IN ACCORDANCE WITH SUCH
REQUIREMENTS.
1.03
SUBMITTALS
A.
Submit concrete delivery tickets. Show the following:
1. Batch number.
02515-01
B.
1.04
1.05
2. Mix by class or sack content with max. siZe agg.
3. Admixtures.
4. Air content.
5. Slump.
6. Time ofloading.
Submit decorative exposed aggregate material samples.
c.
Submit colored concrete color chip samples.
DELIVERY, STORAGE, AND HANDLING
A.
Store decorative exposed aggregate in segregated area to prevent mixing with foreign
materials.
B.
Deliver clUing materials, admixtures, and retarders in manufacturer's standard
unopened containers with labels legible and intact. Store and protect from freezing
and damage.
PROJECT CONDITIONS
A.
Work notifications: Notify Architect at least 24 hours prior to installation of
concrete.
B.
Establish and maintain required lines and grade elevations.
c.
Do not install concrete work over wet, saturated,l!luddy, or frozen sub-grade.
D.
Do not install concrete when air temperature is below 40 degrees F. Use of calcium
chloride, salt, or any other admixture to prevent concrete from freezing in prohibited.
E.
Protect adjacent work.
F.
Provide temporary barricades and warning lights as required for protection of project
work and public safety.
02515..Q2
PART 2 PRODUCT
2.01
2.02
A.
B.
C.
D.
E.
2.03
MATERIALS
Portland cement: ASTM C150, Type 1, natural color.
1. Provide white portland cement for integrally colored concrete.
Aggregate: Provide AASHTO M43 Grading #57 clean, Wlcoated crushed stone or
gravel coarse aggregate free of materials which cause staining or rust spots; fine
aggregate shall be clean natural sand.
Water: Clean, fresh, and potable.
Air-entraining admixture: ASTM C260.
Water-reducing admixture: ASTM C494.
F.
Non-slip aggregate: Fused aluminum oxide grits or crushed emery, factory grade~
packag~ rust-proof: and nonglazing.
MIXES
A.
Provide ASTM C94 ready-mixed concrete. Batch mixing at site not acceptable.
1. Strength: 3,500 psi minimum at 28 days.
2. Slump range: 2" to 4" maximum.
B.
Provide an approved water-reducing admixture in all concrete.
C.
Provide an air-entraining admixture in all concrete. Air content 5% to 7%.
D.
Indicate water added to mix at job site on each delivery
ticket. Show quantity of water added. Site water tempered mixes exceeding specified
slump range will be rejected as not complying with specification requirements.
ACCESSORIES
A.
Granular base: AASHTO M43, #6 (3/8" to 3/4") uniformly grad~ clean crushed
stone or gravel.
02515-03
B. Fonns: Wood or metal of sufficient strength to resist concrete placement pressure
and to maintain horizontal and vertical alignment during concrete placement. Provide
fonns straight, free of defects and distortion, and height equal to full depth of
concrete work.
1. Provide 2" nominal thickness, surfaced plank wood fonns for straight
sections. Use flexible metal, 1" lumber or plywood fonns to form radius
bends.
c. Joint filler: ASTM D 1751, premolded non-extruding asphalt-impregnated fiberboard,
thickness indicated.
D. Curing compound: ASTM C309, non-yellowing, non-staining liquid membrane-
forming type containing a fugitive dye. Chlorinated rubber compounds not acceptable
for exterior use.
E. Weld wire fabric: ASTM A185, welded plain cold-drawn steel wire fabric; 6" x 6" -
w 1.4 x w 1.4, or as indicated.
F. Form release agent: Non-staining chemical form release agent free of oils, waxes, and
other materials harmful to concrete.
PART 3 EXECUTION
3.01
INSPECTION
A.
Examine sub-grades and installation conditions. Do not start concrete work until
unsatisfactory conditions are corrected.
3.02
PREPARATION
A.
Proof roll the sub-grade and do all necessary rolling and comp~ted to obtain firm,
even sub-grade surface. Fill and consolidate depressed areas. Remove
uncompactable materials,. replace with clean fill and compact to 100% of the
maximum dry density in accordance with ASTM D698 Standard Proctor Method.
B.
Remove loose material and debris from base surface before placing concrete.
c.
Install, align, and level fonns. Stake and brace forms in place. Maintain following
grade and alignment tolerances:
1. Top offonn: Maximum 1/8" in 10'-0".
2. Vertical face: Maximum 1/4" in 10'-0"/
02515-04
D. Coat fonn surfu.ces in contact with concrete with fonn release agent. Clean forms
after each use and coat with fonn release agent as necessary to assure separation from
concrete without damage.
E. Locate, place, and support reinforcement as indicated.
1. Provide a single layer of welded wire :fabric in all concrete slabs-on-grade.
2. Provide reinforcing bars at curbs, steps, and other locations indicated,
adequately supported and secured to prevent displacement.
F.
I~ set, and build-in work furnished under other specification sections. Provide
adequate notification for installation of necessary items.
G.
Install pipe sleeves for irrigation system furnished under Section 02441. Stake
location of irrigation sleeves.
3.03
INSTALLATION
A.
Concrete placement:
1. Comply with ACI 304 "Recommended Practice for
Measuring, Mixing, Transporting, and Placing Concrete:, and as specified.
2. Protect concrete from physical damage or reduced strength due to weather
extremes during mixing, placing, and curing. In cold weather comply with
ACI 306, "Recommended Practice for Cold Weather Concreting". In hot
weather comply with ACI 305, Recommended Practice for Hot Weather
Concreting" .
3. Moisten base to provide a uniform dampened condition at the time concrete is
placed. Verify manholes or other structures are at required finish elevation
and alignment before placing concrete.
4. Place andspread concrete to the full depth of the forms. Use only square-end
shovels or concrete rakes for hand-spreading and consolidating concrete.
Exercise care during spreading and consolidating operations to prevent
segregation of aggregate and dislocation of reinforcement.
5. Place concrete in a con tenuous operation between expansion joints. Provide
construction joints when sections cannot be placed continuously.
6. Place concrete in one course, monolithic construction, for the full width and
depth of concrete work. Provide minimum ** --1.." thick walk paving, except
as otherwise indicated.
02515-05
7. Strike-off and bull-float concrete after consolidating. Level ridges and fill
voids. Check surfuce with a 10'-0" straightedge. Fill depressions and refloat
repaired areas. Darby the concrete surface to provide a smooth level surface
ready for finishing.
8. Provide curb profiles indicated.
9. Provide handicapped ramps where indicated.
B. Joints:
1. Construct contro~ expansio~ and construction joints properly aligned with
face perpendicular to concrete surface.
2. Provide sawed control joints, sectioning concrete into areas indicated. Saw
joints to a depth equal to not less theJi one-fifth (1/5) of the concrete thickness
and ofmaximum 1/4" width. Saw cut joints as soon as swface is firm enough
not to be tom or dallUtged by the cutting blade. Cut joints in pattern and at
spacing indicated. When not indicated, provide spacing equal to slab width
and not greater than 10'-0" on center.
3. Provide standard keyed-section construction joints where indicated.
4. Provide expansion joins using premolded joint filler at concrete work abutting
curbs, walls, structures, walks, and other fixed objects.
a. Locate expansion joints as indicated. When not indicated, provide
joints at maximum 50'-0" on center for curbs and walks. Align
expansion joints in abutting curbs and walks.
b. Protect the top edge of the joint filler during concrete placement
C. Concrete finishing:
1. Perform concrete finishing using mechanical or hand methods as required.
2. Upon completion of floating, and after bleed water has disappeared and
concrete con sustain foot pressure with nominal indentatio~ cut concrete
away :from forms. Work edges with an edging tool. Round edges to 1/2"
radius.
3. Install control joints at indicated locations during edging operations
4. Complete surface :finish as follows:
02515-06
a. Provide sidewalk and pavement surfaces with textmed .** Light
Broom finish. Edge outside edges and all joints with a radius edging
tool.
b. Curbs: Provide a smooth float finish.
D. Curing:
3.04
1. Cme concrete with a non-staining liquid membrane-forming compound.
Spray apply in accordance with manufacturer's recommended coverage rate.
Apply curing compound immediately after completing surface finish.
1. Wet cme concrete by application of absorptive mats or fabric kept
continuously wet or by application of waterproof sheet materials.
FIELD QUALITY. CONTROL
A.
Provide field quality control testing and inspection during concrete operations.
B.
Contractor shall provide adequate notice, cooperate with, provide access to the work,
obtain samples, and assist test agency and their representatives in execution of their
function.
C.
Testing:
1. Provide slump test on first load of concrete delivered each day and whenever
requested due to changes in consistency or appearance of concrete.
2. Strength testing:
a. Provide 1 set of3 test specimens for each 50 cu. yd. placed in anyone
day. Secure samples in accordance with ASTM C172 and mold
specimens in accordance with ASTM C31. .
b. Test 1 specimen at 7 days and 2 specimens at 28 days in accordance
with ASTM C39.
c. Furnish copies of field records and test reports as follows:
2 copies to Arcbitect
1 copy to Contractor
1 copy to Ready Mix Supplier
02515-07
3.05
3.06
3. Record the exact location of the concrete in the work represented by each set
for cylinders and show on test reports. .
4. Provide an insulated moist box for protection of the test cylinders until
shipped to the laboratory.
PROTECTION
A.
Protect concrete work from damage due to construction and vehicular traffic until
final acceptance. Exclude construction and vehicular traffic from concrete pavements
for at least 14 days.
CLEANING
A.
Perform cleaning during installation of the work and upon completion of the work.
Remove from site all excess materials, debris, and equipment. Repair damage
resulting from concrete operations.
B.
Sweep concrete sidewalks and pavement, wash free of stains, discoloration, dirt~ and
other foreign material innJ.1ediately prior to final acceptance.
END OF SECTION
02515-08
SECTION 02790
TENNIS COURT COLOR SURFACE
PART 1 GENERAL
1.01 DESCRIPTION
A. Perform work as shown and specified. The work includes:
1. Court color surface.
1.02 PROJECT CONDITIONS
A. Only perform work when weather conditions are favorable.
PART 2 PRODUCTS
2.01 TENNIS COURT SURFACE MATERIAL
A. Tennis Court Surfacing Materials shall be:
1. Novacrylic, as manufactured by Nova Sports U.S.A., 6 Industrial Rd.,
Bldg. #2., Milford, MA 01757. 800-USA-NOV A
2. Approved equal
B. All coatings shall be pure acrylic, containing no asphaltic or tar emulsions, nor any
vinyl, alkyd or non-acrylic resins. The color system shall be factory-mixed compounds
requiring only the addition of water at the jobsite except for the addition of sand to
Novasurfilce. All materials shall be delivered to the jobsite in sealed containers with
the manufacturer's label affixed.
PART 3 EXECUTION
3.01 INSPECTION
A. Examine the site. Verify extent of work required.
B. Tennis courts shall be cleared using a stiffbristle broom and gas powered blower or
water based pressure spray unit capable of generating 2500 psi at the nozzle tip, to
remove all dirt and debris. The work to be performed under this specification includes
all labor, equipment, materials and supplies necessary for the installation of the tennis
courts included in this contract.
02790-01
3.02 APPLICATION
A. New asphah pavement shall cure for 14 days prior to application of any surfacing
nm.terials.
B. Contractors must notify the Landscape Architect of all applications, 48 hours prior to
installation.
C. The surface to be coated shall be inspected and made sure to be free of grease, oil,
dust, dirt and other foreign matter before starting work.
D. The surface shall be flooded. Any ponding water remaining that is deep enough to
cover the thickness of a five-cent piece shall be corrected using a patch mix consisting
of Nova bond, 50-mesh sand and Portland cement, as per manufacturers directions.
Depressions must be primed with a 50% dilution of Novabond and water prior to
patching.
E. Application shall proceed only if the surfuce is dry and clean and the temperature is at
least fifty degrees (500f) and rising, and the surfuce temperature is not in excess of
one hundred forty degrees (l40oF). Do not apply coatings when rain is imminent.
F. Each coat in this system must dry completely before next application. Between each
coat, inspect entire surface. Any defects should be repaired. Scrape surface to remove
any lumps, and broom or blow off all loose matter.
G. Using a neoprene rubber squeegee, apply two (2) coat of Novasurface acrylic
resurfacer, diluted with one (l) part clean water to two (2) parts Novasurface. Clean,
bagged sand shall be incorporated into the diluted Novasurface at the rate offive (5)
to ten (10) Lbs. per gallon. Sand gradation shall be 50 to 60-mesh. Allow application
to dry thoroughly.
H. Using a neoprene rubber squeegee, apply two (2) coats ofNovacrylic Combination
Surface, diluted two (2) parts concentrated material to one (1) part clean water
(colors to be designated by owner). Allow each application to dry thoroughly. The
quantity of water used in diluting these coatings may exceed the quantity specified by
only a small amount and only if coatings are drying too rapidly. Permission of the
owner shall be obtained before adding additional water.
3.03 LINE MARKINGS
A. Upon completion and acceptance of the tennis surface, this Contractor shall
prepare and paint lines for tennis.
B. All lines are to be applied by painting between masking tape with a paintbrush or
roller, according to U.S.T.A specifications.
. 02790-02
C. Prime masked lines with Seal-A-Line. Allow application to dry.
D. Paint lines with Novatex textured line paint. Allow application to dry.
E. Remove masking tape immediately after lines are dry.
F. Protect adjacent areas and structures (fences, posts, sidewalks, buildings, etc.), which
are not to be coated. In the event that coatings are applied to above, remove
immediately before drying is complete.
3.04 COMPLETION
A. Upon completion, the contractor shall insure proper removal of all construction
debris, surplus materials, empty containers and wash water, and sballleave the site in
a condition acceptable to the owner. The court is to be left secure so as to
prevent vandalism.
3.05 LIMITATIONS
A. Apply coatings only when ambient temperature is 50 degrees F. and rising, and the
surface temperature is not in excess of one hundred forty (140) degrees F.
B. All NOV ACRYLIC coatings are waterborne and cannot cme in cold temperatures or
when subject to moisture. Care should be taken not to apply coatings when rain is
forecast or sudden drop of temperature is expected. Climatic conditions such as very
cool evenings and high dew points dictate that work should be completed early in the
day so the coatings can be exposed to enough warm sunlight to form a film before
sunset. The opposite applies during times of high heat, low humidity and drying
breezes: under these conditions, work very early in the morning or very late in the
day. If the product seems to be drying too fast in hot weather, mist the pavement with
water to make the application easier. Care must be taken to allow each application to
dry thoroughly prior to recoating.
END OF SECTION
02790-03
SECTION 02980
SITE EQUIPMENT
PART 1 - GENERAL
1.01 DESCRIPTION
A. Provide park equipment as shown and specified. The items are:
1. Tennis Court Post & Nets
2. Basketball Standard with Backboard and Goal.
1.02 DELIVERY, STORAGE AND HANDLING
A Deliver manufactured products in manufacturer's original unopened, and undamaged
containers with labels intact and legible.
B. Store and handle manufactured products to prevent damage and deterioration.
PART 2 - PRODUCTS
2.01 MATERIALS
A. The following equipment shall be as manufactured by GameTime, distnbuted by
Dominica Recreation Products, Inc., P.O. Box 520700, Longwood, FL 32752-0700
(800) 432-0162 of approved equal.
1. Tennis Court Posts & Nets (2 Sets):
A. #541- 3 W' O.D. Posts
B. #155 Reel
C. #142 Ground Socket with Brass Caps
D. #330 Deluxe Net
B. The following equipment shall be as manufactured by GoalSetter Systems, as distnbuted
by Hasley Recreation & Design Co., P.O. Box 936, Greensboro, GA 30642,
(800) 685-2063)
1. Basketball Standards, backboards and goals. (2 Sets)
A. Signature Series, internal jack adjustable height system.
02980..0 1
PART 3 - EXECUTION
3.01 INSTALLATION
A. Install all equipment in strict accordance to the manufacturer's recommendations by the
distributor's representative.
B. GoalSetter
1. Top of ground anchor to be 1 - 1 ~" above playing surface.
2. Top of ground anchor must be level both directions.
3. Hinge side of anchor toward playing surface.
4. Hinge parallel with playing surface.
5. Distance from bottom of ground anchor plate to concrete fill to be no less than 1".
6. Distance from edge of hole made in playing surface to anchor to be no less than 6".
7. Dig hole 18" diameter, 48"-50" deep. Locate center of ground anchor hole.
Position anchor and fill bottom of hold with. concrete, lower the ground anchor
into the hole, position and fill with concrete.
END OF SECTION
02980- 02
ATTACHMENT A
Index of sheets
Civil
. Layout & Utilities Plan C-I. 1
. Grading & Drainage Plan C-2.I
. Storm Sewer Profiles and Details C- 2.2
. Soil Erosion & Sediment Plan: Initial Phase C-3.I
. Soil Erosion & Sediment Plan: Intermediate Phase C-3.2
· Soil Erosion & Sediment Plan: Final Phase C-3.3
. Construction Details C-3.4
. NPDES General Permit C-3.5
No. GAR 100001, Erosion, Sedimentation, & Pollution Control Plan
· Construction Details C-4. 1
. Utility Details C-4.2
· Courts, Wall & Fencing Details C-5.I
Architectural
· Comfort Station/Shelter Floor Plans & Elevations Al
. Comfort Station/Shelter Section & Specifications A2
· Comfort Station/Shelter Lighting, Power, & A3
Plumbing Plan
Landscape
· Landscape, Irrigation Plan
LI