HomeMy WebLinkAboutFacade Restoration Notice to Proceed
Augusta Richmond GA
DOCUMENT NAME: Fa c~J e.. ~e5~y6.. +'~Y\
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DOCUMENT TYPE: Lo rth- tLC+
YEAR: 1--00 (
BOX NUMBER: /?-
FILE NUMBER: I:; L( 4-6
NUMBER OF PAGES:
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AUGUSTA-RICHMOND COUNTY
HOUSING & NEIGHBORHOOD
DEVELOPMENT DEPARTMENT
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TO:
Blount's Complete Home Service, Inc.
2907C Tobacco Road
Hephzibah, GA 30815
PROJECT:
Facade Restoration
226-230 Fifth Street
Augusta, GA 30901
PROJECT #:
H N D-00-CD-005
1. You are hereby notified to commence work on the property listed above, in
accordance with the Construction Contract dated June 08, 2001.
2. You may begin work on this project on June 13, 2001, but no later than ten (10)
calendar days from that date. Your company will complete all work not later than
One Hundred and Twenty (120) consecutive calendar days from the Start Date. The
Scheduled Completion Date for this project is therefore October 11, 2001;
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 HND.
J HN F. KEMP
enior Rehabilitation
CONTRACTOR ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by Blount's Complete
Ho Service, I
Date: June 08, 2001
By:
Construction Contract
-f) ,
THIS AGREEMENT MADE THIS 8th day of June in the year 2001 by and between Blount's
Complete Home Service, Incorporated, a Corporation, Partnership or Sole Proprietorship existing
under the laws of the State of Georgia, hereinafter called the "Contractor," and Cranston,
Robertson, & Whitehurst, herein called the "Owner."
WITNESSETH, that the Contractor and the Owner for the consideration stated herein,
mutually agree as follows:
ARTICLE I
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. HND-OO-CD-005, in
strict accordance with "Specifications for the Fa<;ade Restoration of 226 - 230 Fifth Street", and
Addenda thereto, Numbered 1 and 2, and the drawings referred to herein, all as prepared by
Nicholas Dickinson & Associates, P.C., Architect, and revisions agreed to between Owner and
Contractor on January 26, 2000, which said Specifications, Drawings, and revisions are
incorporated herein by reference and made a part hereof.
ARTICLE"
Contract Price. The Augusta-Richmond County Housing & Neighborhood Development
Department, on behalf of the Owner, shall pay the Contractor for the performance of the Contract,
in current funds, subject to additions and deductions as provided in the specifications for
completed work meeting the requirements of the Contract Documents, the sum of One Hundred
and Twenty-five Thousand (Dollars) ($125,000.00).
ARTICLE '"
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 compl~te on time.
ARTICLE IV
Contract Documents. The contract shall consist of the following component parts:
(1) This Instrument
(2) General Conditions
(3) Supplemental Conditions
(4) Additional Supplemental Conditions
(5) Special Conditions
(6) Revision and agreement on stucco work, windows, and doors between Owner and
Contractor, dated January 26, 2000.
(7) Technical Specifications
(8) Drawings
Augusta-Richmond County Housing & Neighborhood Development Department
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. Construction Contract
ro. I
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 Addenda 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.
Cranston. Robertson. & Whitehurst
~A-'V\Es
(Print Name)
V (LC - ~c-s ,~ ~......JT
(Title)
L-VC.J4,-Jf-o fL.,j J J~ .
Blount's Complete
Home Services. Inc.
Augusta-Richmond County
Attest:
Sworn to and subscribed before me this 8th day of June ~o~t.j -~
Notary Public NoW)' P~lc. ~ 9a
My Conwl~ &pIIw... as, ~
(SEAL)
, Augusta-Richmond County Housing & Neighborhood Development Department
I Page.2
Construction Contract
'.
THIS AGREEMENT MADE THIS 8th day of June in the year 2001 by and between Blount's
Complete Home Service, Incorporated, a Corporation, Partnership or Sole Proprietorship existing
under the laws of the State of Georgia, hereinafter called the "Contractor," and Cranston,
Robertson, & Whitehurst, herein called the "Owner."
WITNESSETH, that the Contractor and the Owner for the consideration stated herein,
mutually agree as follows:
ARTICLE I
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. HND-OO-CD-005, in
strict accordance with "Specifications for the Fa<;:ade Restoration of 226 - 230 Fifth Street", and
the drawings referred to herein, all as prepared by Nicholas Dickinson & Associates, P.C.,
Architect, and revisions agreed to between Owner and Contractor on January 26, 2000, which
said Specifications, Drawings, and revisions are incorporated herein by reference and made a part
hereof.
ARTICLE II
Contract Price. The Augusta-Richmond County Housing & Neighborhood Development
Department, on behalf of the Owner, shall pay the Contractor for the performance of the Contract,
in current funds, subject to additions and deductions as provided in the specifications for
completed work meeting the requirements of the Contract Documents, the sum of One Hundred
and Twenty-five Thousand (Dollars) ($125,000.00).
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:
(1) This Instrument
(2) General Conditions
(3) Supplemental Conditions
(4) Additional Supplemental Conditions
(5) Special Conditions
(6) Revision and agreement on stucco work, windows, and doors between Owner and
Contractor, dated January 26, 2000.
(7) Technical Specifications
(8) Drawings
, Augusta-Richmond County Housing & Neighborhood Development Department
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~> i Construction 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 Addenda 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.
Cranston. Robertson. & Whitehurst
(Signature)
(Print Name)
(Title)
Blount's Complete
Home Services. Inc.
(Signature)
(Print Name)
(Title)
Augusta-Richmond County
Bob Young
Mayor
Attest:
Sworn to and subscribed before me this 8th day of June 2001.
Notary Public
(SEAL)
Augusta-Richmond County Housing & Neighborhood Development Department
. I Page 2 .
., : General Conditions of the Construction Contract
: , CONDUCT OF WORK
1. Definitions.
A. "Architect" means the person or other entity engaged by HND to perform architectural, engineering,
design, and other services related to the work as provided for in the contract. When HND 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 HND. 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 HND, 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 conditions. No negotiations
between the parties, nor any custom or usage, shall be permitted to modify or contradict any of the terms
and conditions of the Contract. No modifications, alterations, changes, or waiver to the Contract or any
of its terms shall be valid or binding unless accomplished by a written amendment signed by all parties.
All such amendments will be made using the appropriate HND 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. "HND" means the Augusta-Richmond County Housing and Neighborhood Development Department.
HND provides financial assistance to an eligible 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 HND is required to authorize changes in the work or for release of funds
for payment to the Contractor. Notwithstanding HND's role, nothing in this contract shall be construed
to create any contractual relationship between the Contractor and HND.
F. "HND Rehabilitation Inspector" means the person or persons delegated the authority by HND to
execute, administer, and/or terminate this contract. The term includes any successor HND Rehabilitation
Inspector. HND shall be deemed the authorized agent of HND 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.
,
Augusta-Richmond County Housing and Neighborhood Development Department
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'. ' General Conditions of the Construction Contract
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.
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 and Use of Utility Services" herein.
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 HND determines that the reduction would be to the advantage of HND 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 HND 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 HND, 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 lay out 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 HND.
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 HND;
(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 HND and the Owner. 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 HND.
Augusta-Richmond County Housing and Neighborhood Development Department
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", I General Conditions of the Construction Contract
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B. The Architect shall serve as HND's technical representative with respect to architectural, engineering,
and design matters related to the work performed under the contract. The Architect, when requested by
HND, may provide direction on contract performance. Such direction shall be within the scope of the
contract and may not be of a nature which:
(1.) Institutes additional work outside the scope of the contract;
(2.) Constitutes a change as defined in the "Changes" clause of this contract;
(3.) Causes an increase or decrease in the cost of the contract;
(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 HND, 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 HND in the preparation
of change orders and other contract modifications for issuance by HND;
(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: HND 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 HND. The Contractor shall not commit or permit any act that will interfere with
the performance of work by any other contractor.
Augusta-Richmond County Housing and Neighborhood Development Department
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. . General Conditions of the Construction Contract
I
, CONSTRUCTION REQUIREMENTS
I
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-constructionconferencewith representatives of the Owner, HND, its Architect, and other interested
parties convened by HND. The conference will serve to acquaint the participants with the general plan
of the construction operation and all other requirements of the contract. HND 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 HND. The Contractor
shall not begin work prior to receiving such notice.
2. Construction Progress Schedule.
A. The Contractor shall, within three (3) business days prior to the pre-construction conference or
another period of time determined by HND, prepare and submit to HND 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 submita schedule within the time prescribed, HND
may withhold approval of progress payments or take other remedies under the contract until the
Contractor submits the required schedule.
B. The Contractorshall enter the actual progress on the chart as required by HND, and immediately deliver
three copies of the annotated schedule to HND. If HND 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 HND, without additional cost to HND or the Owner.
In this circumstance, HND 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 HND deems necessary to demonstrate how the
approved rate of progress will be regained.
C. Failure of the Contractor to comply with the requirements of HND under this clause shall be grounds for
a determination by HND 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, HND 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.
. Augusta-Richmond County Housing and Neighborhood Development Department
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-. General Conditions of the Construction Contract
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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 HND, 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 HND or the Owner.
C. HND assumes no responsibility for any conclusions or interpretations made by the Contractor based on
the information made available by HND. Nor does HND 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 HND 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. HND 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 HND 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, HND 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 HND.
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 HND. 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 HND, 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.
Augusta-Richmond County Housing and Neighborhood Development Department
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.. General Conditions of the Construction Contract
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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 HND is intended. Similarly the words "approved," "acceptable,"
"satisfactory," or like words shall mean "approved by," or "acceptable to," or "satisfactory to" H N D, unless
otherwise expressly stated.
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 HND 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. HND 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 HND 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 HND
without evidence of the Contractor's approval may be returned for re-submission. HND and the Architect
will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall
indicate the reasons therefor. Any work done before such approval shall be at the Contractor's risk.
Approval by HND 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 HND concurs, HND 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 HND 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 HND 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 HND and one set will be returned to the Contractor.
As required by HND, 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.
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I. : General Conditions of the Construction Contract
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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 HND.
K. The Contractor shall provide with each submittal for approval a certificate attesting that the products or
materials to be supplied are:
(1.) currently and readily available;
(2.) not obsolete or discontinued; and
(3.) not to be discontinued or deleted from the supplier or manufacturers stock within the next calendar
year.
L. Layouts and Floor Plans provided by HND are diagrammatic only and are intended to illustrate the
general intentions of HND 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 HND 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 HND 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 HND.
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 HND, 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 HND approval of the machinery and mechanical and other equipment
to be incorporated into the work. When requesting approval, the Contractor shall furnish to HND
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 HND, the Contractor shall also obtain HND 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.
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Augusta-Richmond County Housing and Neighborhood Development Department
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. '. i General Conditions of the Construction Contract
(2.) When required by the specifications or HND, 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.
(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 HND 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. HND 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 HND 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 contractorshall 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 HND. Where requirements of the drawings and specifications fail to
comply with such applicable ordinances or codes for the new or replaced work, HND 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:
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(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.) Pre'v'ent damage to property, materials, supplies, and equipment; and,
(4.) Avoid work interruptions.
B. For these purposes, the Contractor shall:
(1.) Comply with regulations and standards issued by the Secretary of Labor at 29 CFR Part 1926.
Failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and
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. HND 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, HND 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 HND, 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 HND, 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
HND and the Owner, the Contractor shall remove all the temporary connections, distribution lines,
meters, and associated paraphernalia.
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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 50, 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 HND.
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 HND,
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 HND 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 HND 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, HND may have the necessary work performed and charge the
cost to the Contractor.
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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 HND and shall be built with labor and materials furnished by
the Contractor without expense to HND or the Owner. The temporary buildings and utilities shall remain
the property of the Contractor and shal: be removed at the Contractor's expense upon completion of the
work. With the written consent of HND and the Owner, the buildings and utilities may be abandoned and
need not be removed.
B. The Contractor shall, as directed by HND, use only established roadways, or use temporary roadways
constructed by the Contractor when and as authorized by HND. When materials are transported in
prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the
manufacturer of the vehicle or prescribed by any federal, state, or local law or regulation. When it is
necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor
shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.
14. Clean Air and Water (Applicable to Contracts in Excess of $100,000).
A. Definition. "Facility" means any building, plant, installation, structure, mine, vessel or other floating craft,
location, or site of operations, owned, leased, or supervised by the Contractor or any subcontractor, used
in the performance of the contract or any subcontract. When a location or site of operations includes
more than one building, plant, installation, or structure, the entire location or site shall be deemed a
facility except when the Administrator, or a designee, of the Environmental Protection Agency (EPA)
determines 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 Act"), 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 HND 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.
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16. Inspection and Acceptance of Construction.
A. Definitions. As used in this clause:
(1.) "Acceptance" means the act of HND by which HND approves 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 HND inspection and test at
all places and at all reasonable times before acceptance to ensure strict compliance with the terms of
the contract. If HND requires the contractor to work overtime, on weekends or on holidays, the contractor
must first notify HND in writing of the overtime schedule. If HND determines it necessary to have HND
staff present or on call during the contractor's overtime, the contractor shall reimburse HND for the staff
costs at time and half the regular staff rate. Should the contractor fail to reimburse HND by the next
progress payment requested by the contractor, HND shall deduct such reimbursement from the
contractor's next progress payment.
C. HND inspections and tests are for the benefit of HND and the Owner and do not:
(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 HND does not relieve the Contractor from any contract requirement, nor is
he authorized to change any term or condition of the specifications without HND's written authorization.
HND 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 HND. HND 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. HND 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. HND may conduct routine inspections of the construction site on a daily basis.
G. The Contractor shall, without charge, replace or correct work found by HND not to conform to contract
requirements, unless HND 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, HND 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.
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I. If any work requiring inspection is covered up without approval of HND, it must, if requested by HND, be
uncovered at the expense of the Contractor. If at any time before final acceptance of the entire work,
HND 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, HND 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 HND 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 HND determines that the state of
preparedness is as represented, he will promptly complete the inspection. Unless otherwise specified
in the contract, HND shall accept, as soon as practicable after completion and inspection, all work
required by the contract or that portion of the work HND determines and designates 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.
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, HND 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 HND 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 of Title.
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 of 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.
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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. HND 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, HND shall have the right to replace, repair or otherwise remedy the failure, defect, or damage at
the Contractor's expense.
F. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for
work performed and materials furnished under this contract, the Contractor shall:
('1.) 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'swarranty 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 HND or Augusta-Richmond County, or it's
officers or agents. This prohibition shall apply to all subcontractors at any tier and all material suppliers.
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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 HND.
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 HND on behalf of the Owner. HND shall pay the Contractor
the price as provided in this contract.
B. Before any payment is made, an inspection by an HND Rehabilitation Inspector must be performed. HND
shall make progress payments approximately every 30 days on the HND-determined value of work
accomplished which meets the standards of quality established under the contract, as approved by HND.
HND 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 HND, 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 HND. 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 HND, 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. HND, 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 HND 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.
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F. Except as otherwise provided in State law, the HND 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, HND, after consulting with the Architect, determines that the
Contractor's performance and progress are satisfactory, HND may make the remaining payments in full
for the work subsequently completed. If HND subsequently determines that the Contractor's performance
and progress are unsatisfactory, HND shall reinstate the ten (10) percent retainage until such time a3
HND determines that performance and progress are satisfactory.
G. HND 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 HND;
(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 HND 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 HND or the Owner in the course of their employment, the Contractor shall restore such
damaged work without cost to HND or the Owner and seek redress for its damage only from those who
directly caused it.
K. HND 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 HND 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, HND may require the Contractor to furnish receipts or other evidence of
payment from all persons performing work and supplying material to the Contractor, if HND determines
such evidence is necessary to substantiate claimed costs.
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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. HND 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 HND 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 HND has authority to modify any term or condition of this contract. Any contract modification shall
be authorized in writing.
B. HND 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 HND, 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 HND.
5. Changes.
A. HND 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 HND that causes a change shall be treated as a change order;
provided, that the Contractor gives HND written 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 HND shall be treated as a change
under this clause or entitle the Contractor to an equitable adjustment.
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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, HND shall make an equitable adjustment and modify the contract in writing. However, except for
a 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 spec;fications for which HND 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, HND 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:
H. 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.
I. Indirect Costs. Indirect costs may include overhead, general and administrative expenses, and fringe
benefits not normally treated as direct costs.
J. 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.
K. 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.
L. 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.
M. HND shall act on proposals within 30 days after their receipt, or notify the Contractor of the date when
such action will be taken.
N. 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.
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O. Except in an emergency endangering life or property, no change shall be made by the Contractor without
a prior order from HND.
6. Suspension of Work.
A. HND may vrder 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 HND determines appropriate for the convenience of HND 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 HND in the administration of this contract; or
(2.) By HND'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 HND in writing
of the act or failure to act involved (but this requirementshall 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 HND for a written decision. A claim by the Owner
against the Contractor shall be subject to a written decision by HND. All claims by the Contractor shall
be made in writing and submitted to HND for a written decision.
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D. HND 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. HND's decision shall be final unless the Contractor:
(1.) appeals in writiilg to the HND Director in accordance with HND's policies anG procedures;
(2.) refers the appeal to the County Administrator for independent mediation or arbitration in
accordance with HND's policies and procedures; or
(3.) files suit in the Superior Court of Richmond County, Georgia. The Contractor, by executing this
Agreement, specifically consents to venue in Richmond County and waives any right to contest
the venue in the Superior Court of Richmond County, Georgia.
F. Such appeal must be made within 14 days after receipt of HND'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 HND.
8. Default.
A. HND may declare the Contractor in default by written notice thereofto 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 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 HND or upon written notice by HND, 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 HND terminates this Contract in whole or in part as provided in Subparagraph"A above,
HND 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 HND for any reasonable excess costs for
such similar or identical services included within the terminated part of the Contract.
C. If the Contract is terminated as provided in Subparagraph A above, HND, 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 HND, 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 HND shall be at the Contract price. Except as provided below,
payment for partially completed work including, where applicable, reports and working papers, delivered
to and accepted by HND shall be in an amount agreed upon by the Contractor and HND. HND may
withhold from amounts otherwise due the Contractor for such completed or partially completed works,
such sum as HND determines to be necessary to protect HND and the Owner against loss.
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D. The rights and remedies of HND 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. HND failure to exercise any rights or remedies provided in this paragraph shall not be construed to be
a waiver by HND 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:
(1.) 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:
(2.) acts of God, or of the public enemy;
(3.) acts of the Owner, HND, or other governmental entity in either its sovereign or contractual
capacity;
(4.) acts of another contractor in the performance of a contract with HND or the Owner;
(5.) fires;
(6.) floods;
(7.) epidemics;
(8.) quarantine restrictions;
(9.) strikes;
(10.) freight embargoes;
(11.) unusually severe weather; or
(12.) 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 HND) must notify
HND in writing of the causes of delay. HND shall ascertain the facts and the extent of the delay. If, in the
judgment of HND, the findings of fact warrant such action, time for completing the work shall be extended
by written modification to the contract. The findings of HND 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 HND and the Owner.
9. Liq idated 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 $1 00.00 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 HND 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 HND in completing the work.
C. If HND does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated
damages until the work is completed or accepted.
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10. Termination for Convenience.
A. HND may terminate this contract in whole, or in part, whenever HND determines that such termination
is in the best interest of HND 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, HND and the Owner shall be liable
to the Contractor for reasonable and proper costs resulting from such termination upon the receipt by
HND of a properly presented claim setting out in detail:
(i.) 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 HND 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 HND; and
(5.) an amount constituting a reasonable profit on the value of the work performed by the Contractor.
C. HND 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 HND, which consent may be
withheld at the sole and absolute discretion of HND.
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 HND, which consent may be withheld at
the sole and absolute discretion of HND.
D. The Contractor may not, without the consent of HND, 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 HND 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 identification number
remains unchanged, shall not be considered to be an assignment hereunder. The Contractor shall give
HND written notice of any such change of name.
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12. Insurance and Bonds.
A. Before commencing work, the Contractor and each subcontractor shall furnish HND 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 amount] 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 fumish HND 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 HND 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 HND, 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. 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 HND and the Architect 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 HND. Additionally, should the insurance become ineffective or lapse
during construction, HND 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 HND. 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 HND.
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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 HND and the
Owner.
C. The Contractor shall not enter into any subcontract with any subcontractor who has been denied
participation in any HND or HUD program or who has been suspended or debarred from participating
in contracting programs by Augusta-Richmond County, HND, 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 HND or between any subcontractor and the Owner.
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.
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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 HND 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.
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 HND 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 fumish 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
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. General Conditions of the Construction Contract
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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 opportun ities generated by H U D assistance or H U D-
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.
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 HND that the Contractor is not in compliance with this clause or any
rule, regulation, or report submission requirements of HND, this contract may be canceled, terminated,
or suspended in whole or in part, and the Contractor may be declared ineligible for further HND 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.
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18. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees.
No member, officer, or employee of HND, the Owner, no member of the governing body of Augusta-Richmond
County, and no other public official of Augusta-Richmond County 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.
20. 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 HND and the Owner harmless from loss on account thereof; except that HND, 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
HND. Failure to give such notice shall make the Contractor responsible for resultant loss.
21. Examination and Retention of Contractor's Records.
A. HND, HUD, or the Comptroller General of the United States, or any of their duly authorized
representatives shall, until 3 years after final payment, 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 HND, 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.
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: '. , General Conditions of the Construction Contract
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.
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 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.
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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 re;:>resentative, 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 wh~re 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 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 Contractor 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
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'. I General Conditions of the Construction Contract
program has been communicated in writing to the laborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices 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 HND 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 subcontractoror 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.
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, HND, or the
Department of Labor and shall permit such representativesto 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 classification shall not be greater than the ratio permitted to the Contractor as
to the entire work force under the registered program. Any worker listed on a payroll at an apprentice
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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 appr'3ntice'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 ApprenticeshipAgency
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 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 joumeymen 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.
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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 HND, 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 individual laborer or mechanic (including watchmen and guards)
employed in violation of the provisions set forth in subparagraph J (1) of this clause, in the sum of $10
for each calendar day on which such individual was required or permitted to work in excess of the
standard workweek of 40 hours without payment of the overtime wages required by provisions set forth
in subparagraph J (1) of this clause.
C. Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of the Department of labor withhold or cause to
be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor
under any such contractor 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.
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:. . General Conditions of the Construction Contract
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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 t.J be prevailing, with respect to any employee in any trade or position employed under the contract,
is inapplicableto 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.
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1. 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 HND,
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.
2. 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 by the Owner and acceptance by HND. 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, HND 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 and HND.
3. Inspection and Rejection:
No product received by HND shall be deemed accepted until HND 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 HND shall be final. It shall
thereupon become the duty of the contractor to remove rejected products from the premises
without expense to HND within fifteen (15) days notification. Rejected products left longer than
fifteen (15) days will be regarded as abandoned, and HND 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 HND 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, HND 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 HND.
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4. HND Approval of Subcontracts.
A. Any proposed subcontracts shall be disclosed in Contractor's bid submission. Contractor
shall furnish such written information as HND may require concerning the proposed
subcontractor, together with the proposed subcontractor's Non-Collusion Affidavit in the
form prescribed by HND within 5 days of HND request for such information. Any objection
shall be expressed in writing by HND within ten (10) days after receipt.
B. HND 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 HND list or list furnished by HUD.
C. Nothing contained in the contract shall create any contractual relation between any
subcontractor and HND.
5. Withholding for damages. HND 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.
6. 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 HND, all its officers and subordinates:
A. from all suits and actions of every nature brought against HND or any of them for or on
account of any damage or loss sustained by HND, and does agree to pay any and all such
damages including costs of litigation and counsel fees whether defended by HND or
contractor; and
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 HND, 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 HND a right of action either under this
contractor or in any manner whatsoever.
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7. 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 HND 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.
8. No Waiver of Conditions. Failure of HND 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.
9. 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.
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! Additional Supplemental Conditions - Mandatory Compliance for Section 3
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 gene"rated by Section 3 covered assistance means all
employment opportunities generated by the expenditure of Section 3 covered public and
Indian housing assistance (Le., operating assistance, development assistance and
modernization assistance, as described in Section 135.3(a)(1)). With respect to Section 3
covered housing and community development assistance, this term means all employment
opportunities arising in connection with Section 3 covered projects (as described in Section
135.3(a)(2)), including management and administrative jobs connected with the Section 3
covered project. Management and administrative jobs include architectural, engineering or
related professional services required to prepare plans, drawings, specifications, or work
write-ups; and jobs directly related to administrative support of these activities, e.g.,
construction manager, relocation specialist, payroll clerk, etc.
3. Definitions:
A. Section 3 resident means:
(1) A public housing resident; or
(2) An individual who resides in the metropolitan area or non-metropolitan county in which
the Section 3 covered assistance is expended, and who is:
(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
(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
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on the basis of the Secretary's findings that such variations are necessary because
of unusually high or low family incomes.
(c) A person seeking the training and employment preference provided by Section 3
bears the responsibility of providing evidence, if requested, that he/she is eligible
for the preference. Section 8 assistance means assistance provided under Section
8 of the 1937 Act (42 U.S.C. 1437f) pursuant to 24 CFR part 882, subpart G.
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 subcontracts 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 contractorto 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 Augusta-Richmond County Housing & Neighborhood
Development Department (HND).
HND 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;
Augusta-Richmond County Housing & Neighborhood Development Department
Page 40
'-
I Additional Supplemental Conditions - Mandatory Compliance for Section 3
I
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;
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;
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. HND 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 HND 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 HND 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 the following:
(a) Solicitations, regardless of the method, must advise prospective contractors of the
Section 3 requirements.
I Augusta-Richmond County Housing & Neighborhood Development Department
Page 41
I
,
, Additional Supplemental Conditions - Mandatory Compliance for Section 3
I
(b) The Section 3 contract clause must be included in all covered contracts.
(c) HND 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, HND and its contractors may prominently post notices at the project
site and in the HND 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) HND 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 Augusta-Richmond County. In meeting this requirement HND
should consider use of the alternative procurement procedures at 24 CFR Part
963. See paragraph 6 below.
(e) Contractors must make a good faith effort to award subcontracts to businesses
located in Augusta-Richmond County or substantially owned by persons residing
in Augusta-Richmond County.
6. Resident-Owned Business.
A. HUD issued a final rule at 24 CFR Part 963 which allows HND 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 5, HUD strongly encourages HND 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 HND contracts to resident-owned businesses that are capable
of performing successfully under a proposed HND contract at a reasonable price.
B. The alternative procurement process under 24 CFR 963 is as follows:
(1) HND prepares an independent cost estimate for the procurement.
(2) HND selects the appropriate method of procurement (small purchase, sealed bidding,
competitive proposals, or noncompetitive proposals).
(3) HND solicits a quotation or offer from one or more resident-owned business.
Augusta-Richmond County Housing & Neighborhood Development Department
, ~~G
,
. '
, Additional Supplemental Conditions - Mandatory Compliance for Section 3
I
(4) HND 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) HND 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) HND 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) HND documents the procurement file and complies with all other applicable
procurement requirements of 24 CFR 85.36 or 24 CFR 905.
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 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
Augusta-Richmond County Housing & Neighborhood Development Department
I ~~~
I
: Additional Supplemental Conditions - Mandatory Compliance for Section 3
(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 ic:
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.
Augusta-Richmond County Housing & Neighborhood Development Department
Page 44
I
" ' Special Conditions to the Construction Contract
!
The contract cost of this project exceeds the Community Development Block Grant provided to
Cranston, Robertson, and Whitehurst for these renovations. Accordingly, payments will be made
as follows:
1. Augusta-Richmond County Housing & Neighborhood Development Department will pay One
Hundred and Twenty Thousand Dollars ($120,000.00), the amount of the grant.
2. Cranston, Robertson, and Whitehurst will provide the remaining Five Thousand Dollars
($5,000.00) of the contract cost to the Augusta-Richmond County Housing & Neighborhood
Development Department for inclusion in the project escrow account.
3. In addition, Cranston, Robertson, and Whitehurst will be responsible for all costs over the
stated contract cost of One Hundred and Twenty-Five Thousand Dollars ($125,000.00).
This will include all change orders or contract modifications that may increase the contract cost.
All changes and modifications will be agreed to in writing by all parties to this contract prior to
actual construction. Cranston, Robertson, and Whitehurst will provide funds to the Augusta-
Richmond County Housing & Neighborhood Development Department for all excess costs.
, Augusta-Richmond County Housing & Neighborhood Development Department
: . Page 45 _
This Addendum NO.1 dated November 13, 2000, is hereby made a part of the plans and specifications, as dated
November 19,1999, entitled FACADE RESTORATION, 226-230 FIFTH STREET, AUGUSTA, GEORGIA.
Contractor shall acknowledge receipt by listing Addendum NO.1 on the Bid Form.
PART 1 - DRAWINGS
1.01 Reference Drawing A-1, Construction Drawing, South Elevation.
Remove existing steel lintel and replace with a 6x9 grade 50 ASTM A572, 8" bearing each end existing
opening. Anchor beam to existing wall with Hilti HIT HY20 epoxy anchors. Rebuild masonry and stucco
to match existing condition. Paint bottom of exposed steel with metallic paint. See Exhibit A.
1.02 Reference Drawing A-1, Construction Drawing, South Elevation.
Delete references to "operable" and "make track operable". Add fixed door and make air tight. Re-use
existing hardware. See Exhibit Band C.
1.03 Reference Drawing A-1, Construction Drawing: ADD Exhibit D, Typical Sill Detail:
Remove existing window sill flashing, level sill and reinstall new metal flashing. See Exhibit D.
1.04 Reference Drawing A-1, Construction Drawing, South Elevation, Restraining Stars:
A. DELETE reference to "FBOIBO" and "N.I.C.". ADD uFBC IBO". See Exhibit B.
B. ADD 12 structural restraining stars, for a total of 20, provided by Urban Accessories, Inc"
Woodinville, WA., telephone number 425-487-0488. 12" cast iron button height. Owner to
install all restraining stars.
1.05 Reference Drawing A-1, Construction Drawing, General Notes: ADD the following note:
"3. Type N mortar to be used on all exterior mortar."
END OF ADDENDUM NO.1
1-02
6066
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UJEATI-4ER STRIF
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ANCI-IOR SOL T ill
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EXISTING WALL
WOOD DOOR CASING
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SEALANT
ALUMINUM SILL
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I 11I13~ !-lEAD ( JAMB DETAil
EXHIBIT
c
REVISIONS
J.4EAD/JAMB DETAIL
Scale: 311 = 1'-0'1
SILL PET AIL
Sea Ie: 311 = 1'-011
Nlcholo$ Dickinson and Auoclates, P.c.
AI"chUects - Interiors - Planners
226-230 FIFTH STREET
AUGUSTA
Augusta
Charleston
Georgia SOUTl-l ELEVATION
South Carolina HEAD & JAMB DETAIL
ANC1-40R SOL T ill
2'-(Z>" o.C. I-4IL TI I-4IT
I-4Y20 EFOXY
ANC1-40RS
SEALANT
FT WOOD DOOR
CASING
GEORGIA
9909
EXISTING WINDOW
SEALANT AT ALL PERIMETERS
MET AL FLASI...HNG ... TUCK UNDER
EXISTING WOOD SILL AND SEAL
WITI-! SEALANT
SEALANT
EXISTING WALL
TYF. WfNDOW 5fLL DET AfL
Sea Ie; 3" = 1'-0"
W1NDOJJ SILL DEl AIL
Nicholas Dickinson and Associates, P.C.
Architects - Interiors - Planners
EXHIBIT
D
Augusto
Charleston
Georgia
South Carolina
REVISIONS
226-230 FIFTH STREET
AUGUSTA
SOUTH ELEVATlON
WINDOW SILL DETNL
GEORGIA
9909
J~n 26 01 03:41p
Jimm::::l Blount.
706-793-9083
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BLOUNT'S COMPLETE HOME SERVICES, It...JC.
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January 26, 200;
We, mllunt's Complete Horn.;: S.;:ryiCe~i, Inc., propo5t:d hereby to furnish labor and mflt~ril'll in flCc(,!'dance with pkHI
$pecifi,;aliuos indil;,t[CQ for th~ property on 226-230 Fifth Street Augusta, Gt\ 3090 I, Acceptancf: of this propo!>al for
~)ri(;e l)f $ 125,00(1.00, spe::ification and condition lire hereby $tated as followed:
StUC:::Q Wor\{
. Dl'ffiolition otall damllged or detracted stucco
. Stripping of all loose- se.alams ITOIll windo\\'S and donI'S of exteriors walls
.. R<::Jnoval of all sit;nagc
.. D::>C(~lOe(:[ing wiring, wilter & gas lines
. RoWloval of damage flashing !Tom the top of parapet
.. Rf'lnove any damaged brick and mortar joints
. Patch to mateh all areas ne.cess"ry
. Restrain wal; to inSllri;: uniformity
. hnish wirll synthetic, elastic linbh Lval of your choice.
Windows & Ooor-s
· 3 large pic.:tlJr~., windoW!;, new..; sasflt:s, glass and wood 10 stilt:
. 18 .::ascmem windows sashes, 1;1(1s,,>, W(xx.i ~IOp and hllrdw.\l'e, 9 C:iSeme)\t5 new glass only one sill
. 2 e!lch, 1 J/4 th ick d(K)rS, prep tor hardware and glass
. Repair door (D I), cut stilt: and add new wood to slile
· 3 :ranStllfl :;a:;;~c-~ above doors. woods )(01' and glass
. :: transoms above windows unils, woods sto~) <lnd glass
.. 3 ca::;cmenrs wlIldows sashes, hardwar~ and glass, 4 casement sashes glass and h;lTdware
. 15 OOllble hung window sashes, hardware and glass. 11 glass and hardware only 5 new sills
. Repaii ; Fixed door. first tloor
.. Mi,cellancous exterior trim to replace missing trim hI replace missing or rotten
RemoV<11 of ....xisting material that is (0 be repaired and installation of new gla~;;
Ple:Jl'c n:view thi:,: malerial and the ellclosed doclllllenb.. Call my ofli~~I~ jfthea-e :H'l': Ilny fJllestions i1r,c)lJI..hesc dClcuments,
Submit a letter stating thaI you accept this proposal or not lhank you for allowing us to work with you,
Sincerdy,
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706-793-8083
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