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HomeMy WebLinkAboutJEB BOGGUS CONSTRUCTION LLC SHIILOH COMMUNITY CENTER SITE WORK IMPROVENENTS PROJECT CDBG 08031 TABLE OF CONTENTS. II I I I I I I I I Page Number I AHCDD Form # I d I f Title Intro uctory n ormation 100 Invitation to Bid 100-1 101 Instructions for Bidders 101-1 102 Information Available to Bidders 102-1 Bidding Requirements 103 Bid Form & Bid Tabulation 103-1 104 Representations, Certifications and Other Statements of Bidders 1 04-1 105 Certification for Business Concerns Seeking Section 3 Preference 105-1 106 Non-Collusion Affidavit 1 06-1 107 Bidder's Qualifications 107 -1 108 Wage Decision Transcript 108-1 109 List of Drawings 1 09-1 110 Certificate as to Corporate Principal 11 0-1 Contractor Affidavit and Agreement Conflict of Interest Statement of Non-Discrimination Subcontractor Affidavit Non-Collusion Affidavit Subcontractor ARC Local Small Business Opportunity Program - Subcontractor/Supplier Utilization Report Contracting Requirements 115 Notice of Contract Award 115 401 Construction Contract 401-1 402 General Conditions of the Construction Contract 402-1 403 Supplemental Conditions to the Construction Contract 403-1 404 Additional Supplemental Conditions - Mandatory Compliance for Section 3 404-1 Immigration Reform & Control Act of 1986 Compliance Georgia Security and Immigration Compliance Act of 2006 Compliance 406 Contractor Reporting Requirements 406-1 1 TABLE OF CONTENTS I Contracting Requirements - continued 409 Notice to Proceed 409-1 I 410 Preconstruction Meeting Agenda 410-1 411 Affirmative Action Plan - Contractor & Subcontractors 411-1 I 412 Affirmative Action Goals and Timetable 412-1 I 501 Payment & Performance Bond 501-1 502 Insurance - Contractor & Subcontractor 502-1 I 503 Certification of Non-Segregated Facilities By Subcontractor 503-1 504 Special Power of Attorney Certificate 504-1 I 111 Technical Specifications 111-1 I I I 2 November 8. 2007 "09 JUN 4 RNIO:2 Office Of The Administrator Tameka Allen. Interim Depufj AdminislT<ltof Robert Leverett. Inrerim Depu1;Y Administnror Room 801 - Municipal Building 530 Greene Street-AUGUSTA, GA. 30':)11 . (706) 821"2400 - FAX (7()(;) 821-2819 www,augusaga.gov Mr. Chester Wheeler. Director - Housing & Community Development 925 Laney Walker Blvd. Augusta, GA 30901 Dear Chester: The Augusta'-Richmond County Commission, at their regular meeting held on Thursday. November 8. 2007. took action on the following items~ 4.V' Approved Fin~1 Vel'15ion of Year 2008 Annual Action Plan for Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnership and Housing for Persons with AIOS (HOPWA) funds. (Approved by Administrative Services Committee October 29, 2007) 5. Approved Resolution authorizing Submission Year 2008 Annual.Action Plan for Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnerships and Housing Opportunities for Persons with AIDS Funds. (Approved by Administrative Services Committee October 29. 2007) tis. Approved the transfer four (4) City surplus properties located in the Dover-Lyman area to Land Bank Authority in support of the Dover-Lyman Project Redevelopment Plan. {Approved by Administrative Services Committee October 29,2007 1'i4. No action on the discussion concerning Bethlehem Community and Housing Neighborhood. . (Requested by Commissioner Williams) If you have any Questions, please contact me. Yours truly, / h // r/~ . Frederick L. Russell Administrator cc: Ms. Donna Williams 11-08-07: #4- #6, #34 ! I I I I I I I I I I I I I Invitation To Bid Sealed bids will be received at this office until 3:00 p.m., Tuesday, February 17,2009 Bid Item #09-012 Shiloh Comprehensive Community Center @ 1635 _15th Street for Housing & Community Development Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offieesof: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents maybe examined at the office of the Augusta, GA Procurement Department, 530 Greene Street-Room 605, Augusta, GA 30901. Plans and specifications for the project can be made available upon request to Digital Blue Print. The fees for the plans and specifications which are non-refundable is $25.00 Documents may also be examined during regular business hours at the Augusta Builders Exchange, 1262 Merry Street, Augusta, GA 30904; F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.di1!blueDrint.com) at no charge through Digital Blue Print (706 821-0405) beginning Thursday, January 8, 2009. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre-Bid Conference will be held on Tuesday, February 3, 2009 @ 10:00 a.m. at the location of the project- Shiloh Comprehensive Community Center, 1635 _15th Street 30901), Augusta, GA. AIl questions must be submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by mail. No bid wiD be accepted by fax, all must be received by mail or hand delivered. All questions are to be submitted in . writing by Thursday, February 5, 2009 by 3:00 p.m. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders' qualifications; a 100% performance bond and a 100% payment bond will be required for award. Bidders will please note that the number of copies requested; all supporting documents including financial statements and references and such other attachments that may be required by the bid are material conditions of the package. Any package found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee of the AugustaCommission. Please mark Re-Bid number on the outside of the envelope. This is a federally assisted project. Bidders and contractors performing work under this advertisement are bound by the requirements of President's Executive Order 11246 as amended by Executive Order 11375: Title VI of the Civil Rights Act of 1964; Section 109 of Title 1 of the Housing and Community Development Act of 1974, as amended; Section 3 of the Housing and Urban Development Act of 1968; the Immigration Reform and Control Act of 1986; the Davis-Bacon Act; the Copeland "Anti-Kickback" Act; and the Contract Work Hours and Safety Standards Act The bidder's attention is called to the "Equal Opportunity Clause" and the goals and timetables for minority and female participation in each trade and to the fact that not less than minimum wages set forth in the contract documents must be paid. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle Metro Courier cc: Tameka Allen Chester Wheeler Rosa White Belinda Brown January 8, 15,22,29,2009 January 14, 2009 Interim Deputy Administrator Housing & Community Development Housing & Community Development H~using & Community Development AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT INVITATION TO BID AHCDD Form 100 (Rev. 06/07) IFB#: CDBG #08031 I Project Number: I I I I I I I I I I I I I I I CDBG #08031 Bidders are encouraged to carefully examine the documents and construction site. Failure to do so shall be at the bidder's risk. Bid Issue Date Submit bid to: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30911 Thursday, January 8, 2009 Project Title Shiloh Community Center Site Work Improvements Project Description Construct a walking track, basketball court upgrades, security lighting and install four (4) gates. Sealed bids will be received at the Procurement Department until 3:00 p.m.. on Tuesdav. Februarv 17. 2009. Bid item 09-052: Shiloh Community Center Site Work Improvements Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30911 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street - Room 605, Augusta, GA 30911. Plans and specifications for the project can be made available upon request to Digital Blueprint. The fees for the plans and specifications are $25.00, non-refundable. Documents may also be examined during regular business hours at: Augusta Builders Exchange F.W. Dodge Plan Room 1262 Merry Street 1281 Broad Street Augusta, Georgia 30904 Augusta, Georgia 30901 It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy, the Owner is providing the opportunity to view plans online at www.diqblueprint.com at no charge through Diqital Blue Print at 706-821-0405, beginning Thursday. January 8. 2009. Bidders are cautioned that submitting a package without procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre-Bid Conference will be held on Tuesday, February 3, 2009 at 10:00 am at the location of the project - Shiloh Community Center, 1635 15th Street 30901, Augusta, GA. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. The last day to submit questions is Thursday, February 5, 2009 by 3:00 pm. Page 100-1 . I I I I I I I I I I I I' I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT INVITATION TO BID IFB#: AHCDD Form 100 (Rev. 06/07) COSG #08031 No bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid Bond is required to be submitted in a separate envelope so marked along with the bidder's qualifications; a 100% Performance Bond and a 100% Payment Bond will be required for award. Bidders will please note that the number of copies requested; all supporting documents including financial statements and references and such other attachments that may be required by the bid are material conditions of the package. Any package found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta Commission. Please mark Bid Number on the outside of the envelope. This is a federally assisted project. Bidders and contractors performing work under this advertisement are bound by the requirements of President's Executive Order 11246 as amended by Executive Order 11.375: Title VI of the Civil Rights Act of 1964; Section 109 of Title 1 of the Housing and Community Development Act of 1974, as amended; Section 3 of the Housing and Urban Development Act of 1968; the Immigration Reform and Control Act of 1986; the Davis-Bacon Act; the Copeland "Anti-Kickback" Act; and the Contract Work Hours and Safety Standards Act. The bidder's attention is called to the "Equal Opportunity Clause" and the goals and timetables for minority arid female participation in each trade and to the fact that not less than minimum wages set forth in the contract documents must be paid. Geri A. Sams, Procurement Directm Publish: Augusta Chronicle January 8. 15. 22. 29. 2009 Augusta Focus or Metro Courier January 14. 2009 Page 100-2 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT INSTRUCTIONS FOR BIDDERS IFB #: AHCDD Form 101 (Rev. 12/08) CDBG #2009R 1. Bid Preparation and Submission: A. Bidders are expected to examine the specifications, drawings, all instructions, and, if applicable, the construction site (see also the contract clause entitled "Site Investigation and Conditions Affecting the Work" of the General Conditions of the Contract for Construction). Failure to do so will be at the bidders' risk. B. All bids must be submitted on the forms provided by the Owner. Bidders shall furnish all the information required by the solicitation. Bids must be signed and the bidder's name typed or printed on the bid sheet and each continuation sheet which requires the entry of information by the bidder. The person signing the bid must initial erasures or other changes. Bids signed by an agent shall be accompanied by evidence of that agent's authority. (Bidders should retain a copy of their bid for their records.) To be responsive, the bidder must submit the following documents in a sealed envelop marked on its face with the correct bidding information with his/her bid: I I I I I I I I I I I I I I (1) Bid Form; (2) Representations, Certifications, and Other Statements of Bidders; (3) Section 3 Preference Certification, completed and certified OR marked NA if the bidder is not claiming Section 3 preference; (4) Non-collusion Affidavit of Contractor; (5) Non-collusion Affidavit of Subcontractor; (6) Bidder's Qualifications, including a: . Financial Statement, . Current Georgia Business License as a General Contractor & . Georgia Contractor's License; (7) Bid Bond and Certificates; (8) Conflict of Interest; (9) Statement of Non-Discrimination (See Procurement Package); (10) Contractor Affidavit (See Procurement Package); (11) Subcontractor Affidavit (See Procurement Package); (12) ARC Local Small Business Opportunity Program Forms -3 (See Procurement Package) The City shall reject a bid as non-responsive any bid that does not include each of the above documents, fully completed and properly executed. C. All bid documents shall be sealed in an envelope which shall be clearly marked with the words "Bid Documents," the Bid #, the Project Name, the Project Number, the bidder's name, and the date and time for receipt of bids. If the bidder chooses, he may submit the required Bidder's Qualifications and Financial Statement in a separate sealed envelope. If the bidder is not the low bidder, the sealed envelope will be returned unopened. The Bidder's Qualifications and Financial Statement sealed envelope must be marked on its face with the same information as above, with the exception that the envelope will be clearly marked "Bidder's Qualifications and Financial Statement" instead of "Bid Documents." Page 101-1 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT INSTRUCTIONS FOR BIDDERS IFB#: AHCDD Form 101 (Rev. 12/08) CDBG #2009R D. If this solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "No Bid" in the space provided for any item on which no price is submitted. E. Unless expressly authorized elsewhere in this solicitation, alternate bids will not be considered. I I 2. Explanations and Interpretations to Prospective Bidders: I I I I I I I I I I I I I F. Unless expressly authorized elsewhere in this solicitation, bids submitted by telegraph or facsimile (fax) machines will not be considered. A. Any prospective bidder desiring an explanation or interpretation of the solicitation, specifications, drawings, etc., must request it at least 7 days before the scheduled time for bid opening. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by mail. B. Any information obtained by, or provided to, a bidder other than by formal amendment to the solicitation shall not constitute a change to the solicitation. 3. Amendments to Invitations for Bids: A. If this solicitation is amended, then all terms and conditions that are not modified remain unchanged. B. Bidders shall acknowledge receipt of any amendment to this solicitation: (1) by signing and returning the amendment; (2) by identifying the amendment number and date on the bid form; or (3) by letter, telegram, or facsimile. The Procurement Department must receive acknowledgment by the time and at the place specified for receipt of bids. Bids which fail to acknowledge the bidder's receipt of any amendment will result in the rejection of the bid if the amendment(s) contained information that substantively changed the City's requirements. C. Amendments will be on file in the office of the Procurement Department at least 7 days before bid opening. 4. Responsibility of Prospective Contractor: A. The City will award contracts only to responsible prospective contractors who have the ability to perform successfully urider the terms and conditions of the proposed contract. In determining the responsibility of a bidder, the City will consider such matters as the bidder's: Page 101-2 AHCDD Form 101 (Rev. 12/08) I I I 5. Late Submissions, Modifications, and Withdrawal of Bids: I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT INSTRUCTIONS FOR BIDDERS IFB #: CDBG #2009R (1) Integ rity; (2) Compliance with public policy; (3) Record of past performance; and (4) Financial and technical resources (including construction and technical equipment). B. The bidder shall submit the completed Bidder's Qualifications form with the bid for the purpose of assisting the City to determine responsibility. The City may rely on sources of information other than the bidder's qualifications to determine responsibility. The failure of the bidder to submit the qualifications shall render the bidder non-responsive and ineligible for award. A. Any bid received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it: (1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g. an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th); (2) Was sent by mail, or if authorized by the solicitation, was sent by telegram or via facsimile, and it is determined that the late receipt was due solely to mishandling by the City after receipt at the Procurement Department; or (3) Was sent by U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term "working days" excludes weekends and observed holidays. B. Any modification or withdrawal of a bid is subject to the same conditions as in paragraph A of this provision. C. The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent either by registered or certified mail is the U.S. postmark both on the envelope or wrapper and on the original receipt from the U.S. Postal Service. Both postmarks must show a legible date or the bid, modification, or withdrawal shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. Postal Service on the date of mailing. Therefore, bidders should request the postal clerk to place a hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. Page 101-3 I I I I I I I I I I I 6. Bid Opening: I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT INSTRUCTIONS FOR BIDDERS IFB #: AHCDD Form 101 (Rev. 12/08) CDBG #2009R D. The only acceptable evidence to establish the time of receipt at the Procurement Department is the time/date stamp of the Procurement Department on the proposal wrapper or other documentary evidence of receipt maintained by the Procurement Office. E. The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the "Express Mail Next Day Service-Post Office to Addressee" label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. "Postmark" has the same meaning as defined in paragraph (c) of this provision. Therefore, bidders should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and Failure by a bidder to acknowledge receipt of the envelope or wrapper. F. Notwithstanding paragraph A of this provision, a late modification of an otherwise successful bid that makes its terms more favorable to the Owner will be considered at any time it is received and may be accepted. G. Bids may be withdrawn by written notice, or if authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission received at any time before the exact time set for opening of bids; provided that written confirmation of telegraphic or facsimile withdrawals over the signature of the bidder is mailed and postmarked prior to the specified bid opening time. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid. All bids received by the date and time of receipt specified in the solicitation will be publicly opened and read. The time and place of opening will be as specified in the solicitation. Bidders and other interested persons may be present. 7. Service of Protest; A. Definitions. As used in this provision: (1) "Interested party" means an actual or prospective bidder whose direct economic interest would be affected by the award of the contract. (2) "Protest" means a written objection by an interested party to this solicitation or to a proposed or actual award of a contract pursuant to this solicitation. B. Protests shall be served on the Owner by obtaining written and dated acknowledgment from the Procurement Department. C. All protests shall be resolved in accordance with the Owner's protest policy and procedures. Page 101-4 I I I I I I I I I I I I I I I 8. I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT INSTRUCTIONS FOR BIDDERS IFB #: AHCDD Form 101 (Rev. 12/08) CDBG #2009R Contract Award: A. The Owner will evaluate bids in response to this solicitation without discussions, and will recommend contract award to the Contractor. B. The Owner will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Owner considering only price and any price- related factors specified in the solicitation. C. If the apparent low bid received in response to this solicitation exceeds the Owner's available funding for the proposed contract work, the Owner may either accept separately priced items (see 8(e) below) or use the following procedure to determine contract award. The Owner shall apply in turn to each bid (proceeding in order from the apparent low bid to the high bid) each of the separately priced bid deductible items, if any, in their priority order set forth in this solicitation. If, upon the application of the first deductible item to all initial bids, a new low bid is within the Owner's available funding, then award shall be made to that bidder. If no bid is within the available funding amount, then the Owner shall apply the second deductible item. The Owner shall continue this process until an evaluated low bid, if any, is within the Owner's available funding. If upon the application of all deductibles, no bid is within the Owner's available funding, or if the solicitation does not request separately priced deductibles, the Owner shall follow its written policy and procedures in making any award under this solicitation. D. In the case of tie low bids, award shall be made in accordance with the Owner's Augusta Housing and Community Development (AHCDD) written policy and procedures. E. The Owner may reject any and all bids, accept other than the lowest bid (e.g., the apparent low bid is unreasonably low), and waive informalities or minor irregularities in bids received, in accordance with the Owner's AHCDD's written policy and procedures. F. Unless precluded elsewhere in the solicitation, the Owner may accept any item or combination of items bid. G. The Owner may reject any bid as non-responsive if it is materially unbalanced as to the prices for the various items of work to be performed. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work. H. A written award shall be furnished to the successful bidder within the period for acceptance specified in the bid and shall result in a binding contract without further action by either party. Augusta-Richmond County Commission Approval: Any contract is subject to cancellation and rejection by the members of the Augusta-Richmond County Commission, without liability, at the next regularly scheduled, properly convened meeting, following submission of the contract for approval, regardless of any contrary statements or representations of any member, officer, or employee of the Owner. The contractor recognizes that neither the Grant Recipient nor any member, officer, or employee of the Owner or AHCDD has the power or authority to waive or limit the effect of this Paragraph nor the control of the members of the Augusta-Richmond County Commission over the approval of any contract. In the event that the members of the Augusta-Richmond County Commission cancel or reject this contract at their next regularly scheduled, properly convened meeting, as outlined above, this contract shall be null Page 101-5 1 AHCDD Form 101 1 1 19. 1 1 1 1 I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT INSTRUCTIONS' FOR BIDDERS IFB#: (Rev. 12/08) CDBG #2009R and void and of no effect as to the Grant Recipient or AHCDD, and there shall be no liability on the part of the Grant Recipient or AHCDD hereunder. Bid Guarantee (applicable to construction and equipment contracts exceeding $25,000): All bids must be accompanied by a negotiable bid guarantee that shall not be less than ten percent (10%) of the amount of the bid. The bid guarantee may be a certified check, bank draft, U.S. Government Bonds at par value, or a bid bond secured by a surety company acceptable to the U.S. Government and authorized to do business in the state where the work is to be performed. Certified checks and bank drafts must be made payable to the order of the Augusta, Georgia Housing & Community Development Department. The bid guarantee shall insure the execution of the contract and the furnishing of a method of assurance of completion by the successful bidder as required by the solicitation. Failure to submit a bid guarantee with the bid shall result in the rejection of the bid. Bid guarantees submitted by unsuccessful bidders will be returned as soon as practicable after bid opening. 10. Assurance of Completion: A. Unless otherwise provided in State law, the successful bidder shall furnish an assurance of completion prior to the execution of any contract under this solicitation. This assurance may be: (1) a performance and payment bond in a penal sum of 100 percent of the contract price; or as may be required or permitted by State la~; or (2) separate performance and payment bonds, each for 50 percent or more of the contract price. B. Bonds must be obtained from guarantee or surety companies acceptable to the U.S. Government and authorized to do business in the State of Georgia. Individual sureties will not be considered. C. Each bond shall clearly state the rate of premium and the total amount of premium charged. The current power of attorney for the person who signs for the surety company must be attached to the bond. The effective date of the power of attorney shall not precede the date of the bond. The effective date of the bond shall be on or after the execution date of the contract. D. Failure by the successful bidder to obtain the required assurance of completion within the time specified, or within such extended period as the Owner may grant based upon reasons determined adequate by the Owner, shall render the bidder ineligible for award. The Owner may then either award the contract to the next lowest responsible bidder or solicit new bids. The Owner may retain the ineligible bidder's bid guarantee. Page 101-6 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT INSTRUCTIONS FOR BIDDERS . IFB#: AHCDD Form 101 (Rev. 12/08) CDBG #2009R Pre-construction Conference (applicable to construction contracts): After award of a contract under this solicitation and prior to the start of work, the successful bidder will be required to attend a pre-construction conference with representatives of the Owner, Grant Recipient, AHCDD and its architect/engineer, and other interested parties convened by the Augusta, GA's Housing and Community Development Department. The conference will serve to acquaint the participants with the general plan of the construction operation and all other requirements of the contract (e.g., Equal Employment Opportunity, Labor Standards). The Owner's AHCDD will provide the successful bidder with the date, time, and place of the conference. 11. I I I I I I I I I I Page 101-7 I I AHCDD Form 102 (Rev. 05/07) I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT INFORMATION AVAILABLE TO BIDDERS IFB#: CDBG #08031 The following information concerning this solicitation is available to the bidder. Please note that this information was gathered solely for the use of the Owner's Augusta Housing & Community Development Department and not for use as a basis for calculations in preparing a bid. The use and interpretation of this information for any purpose will be entirely the responsibility of the using party. I t e m # T i t I e 0 f D 0 c u m e n t D e s c r i p t i 0 n 0 f D 0 c u m e n t T 0 t a I P a g e s The potential bidder may view the above documents at the location indicated in the Invitation to Bid Notice. Page 102-1 I AHCDD Form 103 (Revised 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT BID FORM IFB #: I CDBG #08031 I Project Number CDBG #08031 Bidders are encouraged to carefully examine the documents and construction stte. Failure to do so shall be at the bidder's risk. I Bid Issue Date Janua 8,2009 Submit bid to: Geri A. Sams Procurement Department 530 Greene Street -,- Room 605 Augusta, Georgia 30911 706 - 821-2422 . . Project Title Shiloh Community Center Site Work Improvements Project Description I Jeb Boggus Construction, LLC 58-2346579 I I Bidder's Address: 118 N. Belair Road, Suite 1 . Evans, GA 30809 Bidder's Telephone Number: (706) 855-5375 Bidder's Fax Number: I I (706) 855-8346 Name of Person Submitting the Bid: Jerome Boggus JR. Title of Person Submitting the Bid: Owner . I This is to acknowledge that an authorized representative(s) of the above named company has familiarized himself/herself/themselves with the local conditions affecting the cost of the work, all instructions, General and Supplemental Conditions, Contractor's compliance and reporting requirements, the specifications, drawings, and addenda. I The City requires a mlnlrylum acceptance period of 60 calendar days, "Acceptance period," as used In this provision, means the number of calendar days available to AHCDD for awarding a contract from the date specified in this solicitation for receipt of bids. . By the submission of this bid, the bidder certifies that neither it nor any person or firm who has an Interest in the bidder's firm is a person or finTi ineligible to be awarded contracts by either the U.S. Department of Housing & Urban Development, the City or the Augusta Housing & Community Development Department, according to AHCDD policies and procedures. I ,. I In submitting this bid, it Is understood that the Owner reserves the right to reject any and all bids. Acknowledgment of Addenda: The bidder acknowledges the following addenda: (F~i1ure to acknowledge may cause bid rejection.) I Addenda No. 1 Item 09-052 Addenda Date 2/6/09 Addenda No. Addenda Date Addenda No. Addenda Date Addenda No. Addenda Date I I I Page 103-1 I I - 1 AHCDD Form 103 (Revised 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT BID FORM IFB#: 1 CDBG #08031 1 1 To be responsive, the bidder must submit the following documents in a sealed envelope marked on its .face with the correct bidding information with his/her bid: 1. Bid Form (Form 103) 2. Representations, Certifications, and Other Statements of Bidders; . (Form 104) 3. Sectlon 3 Preference Certificatlon completed and certified OR marked NA if the bldderls not claiming Sectlon 3 preference; (Form 105) 4. Non-collusion Affidavit Contractor; (Form 106) 5. Non-collusion Affidavit Subcontractor (See Procurement Package) 6; Bidder's Quallficatlons (including a Financial Statement and a Georgia b,uslness license):(Form 107) and Georgia Contractor's<Ucense . 7. Bid Bond and Certificates (Form 110) 8. GA Security & Immigratlon Compliance Act of 2006 ~ Contractor 9. GA Security & Immigration Comptiance Act of 2006 - Subcontractor (See Procurement Package) .1 10. Conflict of Interest (See Procurement Package) I 11. Statement of Non Discriminatlon (See Procurement Package) 12. ARC Local Small Business Opportunity Program Forms-3 (See Procurament Package) 1 1 1 The Owner shall reject a bid as non-responsive any bid that does not include each of the above documents, fully dornpleted and properly executed. 1 .,,,.... ... . .-... '.' . -,. ..'-' The. bidder hereby proposes to furnish all labor, materials, equipment and services required to complete the construction contract as per the requirements of the construction documents, all in accordance therewith, for the sum of: Eiqhty-five thousand two hundred sixteen DOLLARS $ 85,216.00 1 1 I. Unit Estimated Item # Item Description Quantity Unit Bid Price Measure Price Site Grading Lump Lump 2000.00 $ 2,000.00 Concrete 5' sidewalk 8550 SF 2.00 $ 17,.100.00 Asphalt Overlay/Basketball Court Lump Lump 120.00 . $ 11,400.00 Underbrushing Lump Lump 3500.00 $ 3,500.00 Fence repair and gates Lump 18,616.00 $ 18,616.00 Final grading Lump Lump 2000.00 $ 2000.00 Reseeding Lum 2000.00. $ 2000.00 Silt Fence Lump 3600.00 $ 3,600.00 Supervision, bonding insurance, overhead, contingency Lump 25000.00 $ 25,000.00 The bidder may continue by copying and attaching this section to the Bid Form. 1 1 I I I Sum of all cost extensions $ 85,216.00 are included in the base bid I I I l 1 Page 1 03~2 . I I AUGUSTA HOUSING & COMMUNITY . . DEVELOPMENT DEPARTMENT BID FORM CDBG#08031 IFB#: AHCDD Form 103 (Revised OSlO?) I I The Owner [Xl.is .0 is not requesting deductive alternates for this bid. To offer a bid the bidder is requested to breakout the following items from the base bid. Each item shall include all labor, materials, equipment an? services required to complete item. I Item # Item Bid Item Description . -- ., . Deduct Alternate #1 : >Oelete installation of new improvements to the existing basketball court Deduct Alternate #2: Delete (3) 12' wide sliding gates at perimeter fence line $ -11,400.00 $ .12,448.00 $ 250.00 $ $ $ $ $ $ .$ $ I I . -,. . Unit Price #1: add; provide material and labor costs for installing 4" thick concrete Sic!ewalk including excavation, forming, finishing, jointing and restoring grade '. " . ($2.50 sf = $250.00 = 1 unit) I I I I The undersigned agrees to commence actual physical work on the site with an adequate force and equipment within ten (10) days of a date to be specified in a written order of the Owner and to complete fully all work in lli consecutive calendars days from and including said date. I The undersigned further agrees to pay, as liquidated damages, the sum of $100.00 for each consecutive calendar day thereafter that the work is not complete as provided in the General Conditions. r I Trading and doing business as: Jeb Boggus Construction, LLC If fictitious trade name is employed in the conduct of business, insert such name and complete, as appropriate. This foregoing fictitious or trade name: o is 0 is not registered under State Law. Bidders Sj;at7. Date .z. /3 tJ '1 ( I I I Name of person submitting the bid w."~. ~ WiIn~N=~/ vn~.. LOID!'. Witness Si~ture ~ Dale :2}rs)ocr . f. ' Jerome Boggus, JR I Business address 118 N. Belair Road, Suite 1 Evans, GA 30809 I I I I i ~ Page 103-3 . I I f' I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT BID FORM AHCDD Form 103 (Revised 05/07) IFB#: CDBG #08031 I I Na.me of Partnership Bidder's Signature I If fictitious trade name is employed in the conduct of Date business, insert such name and complete, as appropriate. This foregoing fictitious or trade name: o is 0 is not registered under State Law. I I Name of person submitting the bid Witness N/ A Witness Name Business address Witness Signature Date Name of Corporation Corporate Signature .N/A Title Date Name of person submitting the bid Certificate as to Corporate Principal. f" Business Address I, certify that I am the Secretary ofthe corporation named as Principal in the withi(1 bond: That who signed the bond 011 behalf of the Principal,. was fu~ ~ said corporation; that I know his signature, and his signature thereto is genuin~; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. I I I I (Corporate Seal) Page 103-4 I Bid Item #09-052 Shiloh Community Center Site Work Improvements For the Gity of Augusta . Housing;& Community Development Bid Opening Date: Tuesday, February 17, 2009 at 3:00 p.m. I I Vendors: I I I Non-Collusion Affidavit I Bidder's..QualificEitions I I I oca. ma uSlness Good Faith Efforts oca ma uSlness Subcontractor/Supplier utilization Plan I I Bid Bond Addendum Bid Amount I DeductAltemate #1 Deduct Altemate #2 Beam's Contracting 2335 Atomic Road Beech Island. SC 29842 YES YES YES YES Incomplete- Did Not Submit GA Business License GA. Contractors License YES YES YES YES YES YES YES YES YES Non~Cornpliant Reeves Construction Co. P.O. Box 1129 Au usta,.GA 30903 YES Unit Price #1 (Add or Deduct) The following vendors were nom-compliant: L-Hnc., 220.5toneddge Dr Ste 4Q5, Colurribia,$C 29210~ LSB GbodFaithEffort.(Did not sign/datel ave-Way of Augusta, P.O. Box 660,. Augusta, GA 30903- Did notpriteDedlJct.Alternates#l or #2 and Did not price Unit Price #1 1 YES YES YES YES YES YES YES YES YES YES YES YES YES 115,742.00 ($20150Il.M) 1,100.00 . Houllnilllnd Community Dev,lopment 925 Laney-Walker HoulQvard, 2.~ fluUT, Augu~1.l\, GA 3090 I (706) 8::!1-1797-Fnll (706) K21-17114 www.auiult~ tit Ma r.1 t. iUUY ~: 46AM J ~C No. 4948 P. 3 f I I I I I I I I I I I I I I I I I I ~-_...._._._---_._---_._.__._._--- HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT Cheater A. Whealer, III Dtl'l!Cl.Of March 17, 2009 FBXed.~ (706) 855-8346 Mr. Jeb Boggus JBe Construction Company 118 N. Belair Road, Suite 1 Evans, Georgia 30809 RE: Shiloh Community Center - Site Work Improvements CnBG Projec..1: #.08031 Post Bid Notice Dear Mr. Boggus: Asa result of the bid opening held February 17, 2009, at the Procurement Department, the bid you submitted was the lowest compliant bid received at $85,216. We are encountering a problem in which we do not have enough funds in the budget to cover your bid if the project is awarded to your company. Pursuant to your conversation with Rose White yesterday, it is my understanding that you are willing to accept the bid in the amount of $84,500. Therefore, this letter is to confirm yotU acceptance. Please sign the attached confirmation and return to Mrs. White by Thursday, March 19, 2009. If you should have any questions, please contact Mrs. White at (706) 821-1797. Sl~~ Chester A. Wheeler, III Director ----... CAW/rlw Attachment lVIar. II. LOUY ~:4bAM . -No. 4948. P. r--- J~C I" I I I I I I I I I I I I I I I I I I POST BID NOTICE I, Jeb Boggus, on behalf of JBC Construction Company hereby accept the negotiated bid of $84,500 for the Shiloh Community Center Site Work Improvements, CDBG project #08031. Acceptance of this Post Bid Notice is the result of the bid opening held February 17, 2009, 3:00 p.m. at the City of Augusta's Procurement Department, BId Item #09-052. '3 -/7~()9 Date TOTRL P. 03 . I I I I I I I I I I I I I I I I I I I AHCDD Form 104 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS .IFB#: CDBG #D8031 1. Certificate of Independent price Determination: a. The bidder certifies that (1) The prices in this bid have been arrived at fnde.pendently, without, for the 'purpose of restricting competition, any consultation,. communication, or agreement with any other bidder or competitor relating to: . (a) those prices; (b) . the intention to submit a bid; or . . (c) the methods or factors used to calculate the prices offered; (2) The prices hthis bid have not been and will not be knowingly disclosed by t~e bidder, directly or indir~ctly,. to any other bidder. or competitor before bid opening 0n the case of a sealed bid solicitation) or contract award (in the case of a competitive proposal solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the bidder to induce any other concern to submit or notto submit a bid for the purpose of restricting competition. b~ Each signature on the bid is considered to be a certification by the signatory that the signatory: (1) Is the person in the bidder's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will :not participate in any action contrary to subparagraphs a.(1) through a.(3).above; or (2) Has been authorized, in writing, to act as agent for the. following principals in certifying that those principals have not participated, and will not participate in any action contrary to su.bparagraphs a. (1) through a~ (3) above. Jerome Boggus JR Travis Johnson Rhonda Lowe" [Insert full name of person(s) in the bidder's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the bidder's organization] As an authorized agent, does certify that the principals named in subdivision b.(2)(a) above have not participated, and will not participate, in any action contrary to subparagraphs a.(1) through a.(3) above; and As an agent, has not persc:mally participated, and will not participate in any action contrary to subparagraphs a. (1) through a. (3) above. (3} (4) c. If the bidder deletes or modifies subparagraph (a) 2 above, the bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure. Page 104-1 . I I I I I I I I I I I I I I I I I I I AHCDD Form 104 (Rev. 05/07) AUGUSTA HO~SING & COMMUNITY DEVELOPMENT DEPARTMENT REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS IFB#: CDBG #08031 d. Non-collusion affidavit. (Applicable to all contracts for construction and equipment.) Each person, firm, or agency submitting a .~id/proposal shall execute an affidavit, in the form provided by the Owner's Augusta Housing & Community Developrhent Department (AHCDD), to the effect that he/she has not colluded with any other person, firm or corporation .in regard to any. bid/proposal . submitted in response to this solicitation. In addition, at AHCDD's determination, the bidder may be required to submit a non-collusion affidavit for each of his/her. subcontractors. . 2. Conting~nt Fee Representation and Agreement: . a. Defi~itions~ As used in this provision:. . (1) ; "Bona fide employee" means a person, employed by a bidder and subject to the bidder's supervisi9n arid cOrltrol as to time, place; and manner of performance, who neither exerts, nor proposes to exert improper inflLlence to.'solicit or obtain contracts nor holds out as being able to obtain any contract(s) through improper influence. (2) "Improper influence" means any influence that induces or tends to induce the Owner or an AHCDD. employ~e or. office.r to give. consideration or to act regarding an AHCDD sponsored contract~n any basis Clther thEm the merits of the matter. . b. The bidder represents and certifies as part of its bid t.hat, except for full,.time boriafide employees working solelyforthe bicider,the bidder. (1) 0 has IX] ha~ not employed or retained any person or company to solicit or obtain this contract; and (2}Dhas [Xl has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract . . c.lf the answerto either b. (1)01' b. (2) above is affirmative, the bidder shall make an immediate and full written disclosure to the Owner and AHCDD. d. Any misrepresentation by the bidder shall give the Owner the right to: (1) terminate the contract; (2) at its discretion, deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or . (3) take other remedy pursuant to the contract. 3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (applicable to contracts exceeding $100,000): . . a. The definitions and prohibitions contained in Section 1352 of title 31, United States Code, are hereby incorporated by reference in paragraph b of this certification. Page 104-2 .. I I I I I I I I I I I I I I I I I I I AUc;UST A ~OUSING & COMMUNITY ... DEVELOPMENT DEPARTMENT REr:'R~S~NT A TIONS,CERTIFICATIONS, AND OTHER STATEMENT8.0FBIDDERS IFB#: AHCDD FOl1Jl1 04 (Rev. 05/07) COSG #08031 The bidci~r, by.~ig~ing'~bhj,hereb{certities t6the best of his at her knDwl~geandbelief as. of thedate qfthis bid,that: .. - ,. . ". . .. -' . - . (1) N9. Feder~1 ,appr6priC!ted funcls. ;havebe~n paid qrVvill be paid to any persol1' for influencing or?tt~lTlptingto infll,lenc.E!ahofficE!ror ernployeeof anyaQ,ency, a Membe.r of c;ongres~,aridfficel" or ~ryiployeeof Ci:mgress,.pr an. employee ora Mem~E!rof.,pongress onhi$or hE?rqE!h?lf in connE!ction .\fIJlth the. ciwarding or::i contract resulting. from this solicitation; .. .. . . . _I ;.; ~ .lfciIlYflJnci$ ()tngrth~nfedE!fClrappfopria~~d fund~f(includingpr()fit or fee receivedlindE!r a . covered.' FE?defai.transaction) have been. paid, q'r wilL be.. paid,todanyperson for irl~pehgih~r6r?#eI11P1il1g tg 'Jnfluet}cE!.all"'qfficeror..E!rTlploYE!~ of~ny. ci9~t19X,g.MemRer.;c>f c.qngrE!~~;a'l9fflqf#r9r E?rnl?lc~Y~E!ofpc:mgre;~s"or.Cih ..E:lrnRJ9yel? of Cifl11el11ber ()fgbhgre.~s ()n hi~j6rhE!t~yha.lf in:e;ohne999nvyiththis .:solic~citi.()f1iilie .I:@qe.r :sh~ncompI~teand submit, witt) fts b,d"bMElstanclard form LLL,upisc1osureofLobbYing Activities;rriand.. '.. ... . reqyji"e th?1?llr~9ipi~hfsof'~lJbcdl"ltracta,^,?ro~,.ill t?~c:;~ss pf $10o,q09~haILS$rtify.aHd. disClo~~ ;ic.corciingly.. . .... ... ... . ... . .. . :..:::. .. . ... ... .. ... ...:. . :. ... . .. .... .,' .. . .S.ubrA~~i.~.ni....~t .thik.'..c~.rti.tlPation..... Cln.~ ...diS~I.()s.u~e' 'i~.:...Cl....pr~reql1i.si~...t()r.. m~.king....~~...ente,ri,ng.. .inte>'th,is .c().nt..actirngo~~dby..seption1352j..TitlEr,31J'Ynite~ 'States., Coae.i..Any.per$9" . .Vf~6(Tl~k~arl e}cll~~liJ~l.Ir~ pr()~i~i~d und~rthis prc>visi9norwho. taUs to fileo,r am~nd tI1~. . 9Js91()sHr~Jo l1'l1.to,.t)~fj!~90r.~rn~ncJ~CJ... .by tl}isPI()'!is i 011 ,sI-jClUp~~.l.Ibj~stJ9'Cl.civil p~Tlalty.()f n()tJ~ss th~n$10,()QO'Clhd n9~J1l0re than $1-0o,q()OJ..fore.achs~c~.fClilur~!.. ... ,_,_.. _, .,.. ,_",co.._ ;;.__:,' . _'_ '_ .....,.,'. ",. --',-' -- -',' ,- C," ".," ()rg~'nizatig.~~l. 9oriflicts9flrit~r~stCerf:ific~tibn: . .... '.. ,. _',' ",' ", \_:":'::;. . ,_ .., ' : ". '._..', :,,"' -'c ;.' ;,. , . :'. " . .;,:. Th$. bidd~rC~rtifies thattbtRe9r.~t o[its.kl1owledge and b~nef and exceptasQtherwis~.djsdosedi hE! orshe cige~1l9t have~l1y()rganI~ati?~al :conflict of.intE!restwhich is_ defifJ~d as asituCitian.in which.. the nature of work to be performed uilder this proposed . contract and the bidder's. qrgCinizational,finandal,:contractuc:il;orQtherinter~sts may, wIthout somer6strjctio.honfuture . activities: .. ... . .... . ... . ... ...... .... .. ... . .. .... .... .' ':,': ,,:' " . ',,' ..,:'. ""::""",, - ,-:".",,-< :,:' ,-:.... -:' Result inan unfair c9mpetttive advantage to the. bidder; or, Imp?ir the. biddl?r's opJ$ctivity in Prrforming the contract work. .....] ... .... Irtthe-apsenceot'anyactua[or apparE:~rit conflict, I hereby celiifythafto the be.. ..ofl11ykno~le~ge?nd beUef,~6act1Jal.orapPClr~nt cpnflict .of irlterest eXlstswitn regardt6 my possible.performanceofthis procurement (Please.initial.) . 5. Bidder's Certification of Eligibility: . . . a. By the submission 9f this bid, th$ bidder certifies that to' the best of its. knowledge and belief, neither it, nor anyp~rson orfirm which has an interest in the bidder's firm, nor any of the bidder's subcontractors, is ineligible to: Page 104-3 . ~ I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNHV DEVELOPMENT DEPARTMENT REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS .IFB #: AHCDD Form 104. (Rev. 05/07) CDBG #08031 (1) Be awarded contracts by any agency of the United States Government, HUD, the State of Georgia, Augusta-Richmond County, or AHCDD; or,' (2) participate in HUD programs pursuantto 24 CFR Part 24. b. The certification above is a material representation of fact upon .which reliance was placed when making award. If it is later determined that the bidder knowingly rendered an erroneous certification, the contract may be terminated for default, and the bidder may'be debarred or suspended from participation in HUD programs and other Federal contract programs. 6. . Minimum Bid. Acceptance Period: a. "Acceptance period," as used in this provision, means the number of calendar days available to the Owner for awarding a contract from the date specified in this solicitation for receipt of bids. b. This provision superse~~s any language pertaining to the acceptance period that may appear elsewhere in this solicitation. . . .. . . -. c. The Owner requires a minimum acceptance period of sixty (60) calendar.days~ d. A bid allowing less than the Owner's minimum acceptance period will be rej!?cted~ e. The bidder agrees to execute all that it has undertaken' to do, in compliance with its bid, if that bid is accepted in writing within: (1) The acceptance period stated in paragraph (c) above, or (~) any longer acceptance period stated in paragraph (d) above. 7. Small, Minority, Women-Owned BusineSS Concern Representation: The bidder represents and certifies as part of its bidl offer that it: a. 00 is D is not a small business concern. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in.which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121. b. 0 is IZJ is not a women-owned business enterprise. "Women-owned business enterprise," as used in this provision, means a business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business. Page 104-4 . I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT REPRESENTA "fIONS, . CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS IFB#: AHCDD Form 104 (Rev" 05/07) CDBG #08031 c. 0 is [Z] is not a m"inority business enterprise. "Minority business enterprise," as used in this provision, means a business which is at least 51 p.ercent owned or controlled by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, ahdwhose management and daily operations are controlled by on~ or more such individuals. For the purpose of this ~efinition, minority group members are: (Check the block app/icableto you) o Asian Pacific Americans. o Black Ame'ricans . 0 Hispanic Americans D Asian Indian Americans D Hasidic Jewish Americans o NativeAmericans 8. Certification. of Eligibility Under the Davis-Ba<?on Act: (applicable to construction contracts exceeding $2,000). . a. I3Y the submission of this bid, the bidder certifies that neither it nor any person or firm who has an interest in the bidder's firm is aperson o.r firrr{ ineligible to be awarded contracts' by the United States Government by virtue of section 3(a} of the Davis-Bacon Act or 29 CFR 5.12(a)(1);. . . . b. No part of the contract resulting from this solicitation shall be subcontracted to any person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act 6r 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. 9. Certification of Non-Segregated Facilities (applicable to contracts exceeding $10,000) a. Thebidder"s attention is called to the clause entitled Equal Employment Opportunity of the General Conditions of the Contractfor Co~struction. b. "SegregatedfacHities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eatIng areas, time clocks, locke.r rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities providedJor ..employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise. c. By the submission of this bid, the bidder -certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where. segregated facilities are maintained. The bidder agrees that a breach of this certification is a viola~ion of the Equal Employment Opportunity clause in the ~ontract. Page 10~5 I I I I I I I I I I, I I I I I I I I I AHCDD Form 104 (Rev. 05/07) . AUGUSTA HOUSING & COMMUNITY . DEVELOPMENT DEPARTMENT REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS IFB#: . CDBG #08031 d. The bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) prior to entering into subcontracts which exceed $10,000 and are not exempt from the requirements of the Equal Employment Opportunity clause, it will: (1) Obtain identical certifications from the proposed subcontractors; (2) (3) .' Retain the certifications in its files; and Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods): Notice to Prospective Subcontractors of Requirement for Certifications of Non- segregated Facilities A. Certification' of Non~segregated Facilities must be submitted' before the award of a s.ubcontract exc..e.. e. din..9. $1...0,000 which. i.s.. . not .exemp.t from the. provisions of the Equal Employment Opportunity clause. of the prime" contract. The certification may be submitted either for each subcontract or for all subcontracts during a period (Le., quarterly,.sel11iannually,or.annually). Note: The penalty for making false statements in bids is prescribed in 18 U.S.C.1 001. 10. Clean Air and Water Certification (applicable to contracts exceeding $100,000) The bidder certifies. that: a. Any facility to be used in the performance of this contract:: I. D is 00 is not listed on the Environmental Protection Agency List of Violating Facilities. b. The bidder will immediately notify the Owner's AHCDD, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the bidder proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and, c. The bidder will include a certification substantially the same as this certification, including this paragraph (c), in every nonexemptsubcontract. Page 104-6 . I I I I I I I I I I I I I I I I I I I AHCDD Form 104 (Rev. 05/07) AUGUSTA HOUSING &.COiVlMUNlTY DEVELOPMENT DEPARTMENT REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS. IFB#: CDBG #08031 11. Bidder's Signature: This form must be submitted with the bid with all information completed. The bidder hereby certifies that the information contained in these certifications and representations is accurate, complete, and current. Failure to submit this certification properly completed and executed will render~ er non-responSi~. d ~ _ 0 { (Signatll .Jer~'T'~ BoggusJR (Typed or Printed Name) r Page 104-7 . I I I I I I I I I I I I I I I I I I I AHCDD Form 105 (Rev. 1 0/06) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3 PREFERENCE IN CONTRACTING AND DEMONSTRATION OF CAPABILITY . . IFB #: COBG #08031 Name of Business: Address of Business: N/.A. Attached is the following documentation as evidence of status: For business claiming status as a Section 3 resident-own~d Enterprise: ( D cOPY. of ~esident leas~. . D Other Evidence [J Copy of evidence of participation in .apublic assistance program For the business entity (as applicable): [J Copy of Articles oflncorporatio~ [J Certificate of Good Standing [J Assumed ~usiness Name Certificate D Partnership Agreement [J List of Ownersf:3tockholders and % of each 0 Corporation Annual Report [J Organizatlonchart with names and titles and brief functional statement IT] Latest Board minutes appointing officers [] Add.iponal documentation . . For busineSs claiming Section 3 status by subcontracting 25percent of the dol/ar awarded to a qu~fified Section 3 business: . [J List of subcontracted Se.ction 3 business with corresponding certifications & subcontract amount . ,",," . ", - :.:' For business claiming Seotion 3 status, claiming at least 30 percent of their workforce are currimtfy Section 3 residents, or were Section 3 eligible residents within 3 years of date of first employment with ~ebusmess:' . [J List of all current full ti~e employees 0 List of all employees claiming Section 3 status [J Residentlallease (less than 3 years from day of employment) [J Other evidence of Sectio~ 3 status (less than 3 years from date of employment) Evidence of ability to perform successfully und~r the terms and conditions of the proposed contract D Current financial statement D List of owned equipment o Statement of ability to comply with public policy [J List of all contracts for the past two years Jeb ~g~imBtion, LLC 118 N. Belair Road, Suite 1 Evans, GA 30809 Attested by: Name (Print): Page 105-1 . I I I I I. I I I I I I I I I I I I I I AHCDD Form 106 (Rev. 10/06) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT NON-COLLUSION AFFIDAVIT IFB #: CDSG #08031 TELEPHONE: (706) 855-5375 Fix: (706) 855-8346 2. SPECIFY TYPE OF OWNERSHIP: Sole Proprietor 8 MBE Partnership . . SBE Professional Corp.. . WBE XX Corporation GA Business License #: GCC0000292 1. FIRM NAME AND ADDRESS: Jeb Boggus Construction, LLC 118 N. Belair Road, Suite 1 Evans, GA 30809 3. NAMES OF ALL INDIVIDUALS HAVING MORE-THAN 3% INTEREST IN COMPANY: Name Title Jerome Bo us JR Owner Phone Number (706) 855-5375 By submission 9f this bid or proposal, each Vendor and each person signing on behalf of any Vendor certifies, and, in the case of a joint i>id or offer, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief: . .. .' .. . 1. The prices in this quotation have been arrived at independently without collusion, consultation, communications, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/offeror or with any competitor, . 2. Unless otherwise required by laW, !he prices which have been offered in this bid/offer have not been knowingly disclosed by the bidder/offeror and will not knowingly be disclosed by the bidder/offeror, directly or indirectly to any other bidder/offeror or to any competitor, . 3. No attempt has been. made or will be made by the bidder/offeror to include any other person, partnership or corporation to submit or not to submit a bid/offer for the purpose of restricting competition and. 4. No employee of the City of Augusta or any elected or appointed official has received Dr will receive any payment Dr any other form of financial compensation from the' bidder/offeror as a result of award of a contract or promise.of award to the bidder/offeror. 'Note: Failure to submit this affidavit by the date specified in this solicitation may render the bid non- responsive. No contract award will be made without a properly executed affidavit. Name: ~~ Name: Signature: Title: Signature: Title: Date: t.-I~-(J'1 Date: Subscribed and sworn to before me this t'a 2-1 day of ~f)JYW1 (' ( . ,20 tD. , 20 0 <J ;:~rWires It ,~ N ~ (5EAL) Page 106-1 I I AUGUSTA HOUSING ~ COMMUNITY .DEVELOPMENT DEPARTMENT BIDDERS QUALIFICATIONS CDBG #08031 IFB#: AHCDD Form 107 (Rev. 10/06) I All questions lTl.ust be answered and the.. data given must be clear and comprehensive. This statement must be notarized. If necessary add. separate .sheets for items requiring addition:al explanation. This infonnation may be submitted in a separ;atese:aled envelope marked uBi~der's9ualifications and .Financial Statement". In the event YClur bid i!)not se1.eC?ted, for award , this. envelope will be returned to the ContraCtor unopened. .' ".." -....,',:-... ';":' .-..' ,-' -,', ,"" :, - -., ., -', -"",' -.',' .. . - -. - - >>.,."., ":: :'- "-:.:-:,., ' ,., -'. -, - -:::-.; .:. .,:,,,,.":: ",,,-<:-.",: ',' .>-.,,_:- :;.," ,...:..:..-: :._::': :-:.:..:. - . <".:,. :. I I 2. Date Company Organiz~d: 10/08/1997 I Jebl?ogg Ul:i.9()Dstruc;tiol1,..LLC. . 3. Perrrianentmainoffice address 4. state incorporated (3eorgia I . ." -"", -, u_ '_' 1..18N; B~I~irRoad,Suit~1 EVi3ns, GA 90809 . I I I I 7. General character of workw;ually perrOllTIedbyyour cOmpany. Site work, small to large commercial and residential structures, multifamily, restaurants, shopping centers. I 8. Have you ever fuiled to complete aily work awarded to you? If so, where and why? I No I 9. Halle you ever defauitedorii coritraCt? If so, where and why?' No I 10. List the three (3Vrnost important structures recently compl~t:ed byyourcompany,stating approximate cost of each, month arid year completed, name, and telephone number of owner's represe'ntative. .. . I Belair Point - Shopping Center Shoppes at Country Place - Large Shopping Center I Sho-Chins Asian Diner - Restaurant I Page 107..1 I . I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT BIDDERS QUALIFICATIONS AHCDD Form 107 (Rev. 10/06) I 11. List your major equipment available for use on this contract. I 300 Bobcat Skidsteer JBC 4wd BacktJoe I I 12. Experience in construction work ~imllar in scope to this project. Shopping Center, Restaurant, Apartment arks and sidewalks I IFB#: CDBG #08031 13. Background andexperienceofthe principal memberS ofyourfinn. including the officers and proposed construction superint~ndent I Owner '- Jerome Boggus JR I Started construction in 1989 in Augusta GA as a concrete contractor. Worked with area builders doing 'driveways and slabs. Further grew to General Contractor in NC, SC al'1d GA . To date constructed Shopping Centers, Neighborhoods, multifamily subdivisions, and Restaurants. I I I /- I 14. Credit available for administration of this contract (furnish written evidence.) I $1,000,000 credit line (see attached) I I I I Page 107-2 I . Account Number: 4386540512018350 I Wachovia Bank, National Association Prime Equity Line of Credit Agreement & Disclosure Statement IDate :Of Agreement: September 21. 2007 Maximum Credit Umit: $ 1000000.00 IBorrower(s) JEROME B BOGGUS JR IThe Prime Equity Line of Credit Agreement & Disclosure Statement C'Agreement") contains the terms that apPly.to the Prime Equity Line of Credit Account C'Account'1 with Wachovia Bank, National Association. The words "I," "me," and "my," which also mean "we," "us," and "our:.' if more than one Borrower, mean the person or persons signing this Agreement. The words "you," "your:' and "YOU!;&" mean Wachovia Bank, National Association (Wachovia Bank, N.A."). IPROMISE TO PAY. I promise to pay to Wachovia Bank, N.A., the total amount of all credit extended under the terms of this Agreement ("Advances') and Finance Charges, as well as all other charges for which I ani responsible under this Agreement or under the Security Instrument, which secures my Account. I agree to make payments on my Account in accordance with the terms of this Agreement. If there are multiple Borrowers, each is jointly and severally liable for the Itotal amount due under this Agreement. This means you can require any Borrower to pay all amounts due under this Agreement, including Advances made to any Borrower. Each Borrower authorizes any other Borrower, on his or her signature alone, to cancel the Account, to request and receive Advances, and to do all other things necessary to carry out the terms of this Agreement. You may, but are not required to, release any Borrower from responsipility under this Agreement. If you release any Borrower from responsibility, all other Borrowers will remain liable. IMATURITY DATE, DRAW PERIOD AND POST DRAW PERioD. The terln of my Credit Line begins as of the date of this Agreement and will continue until 09/20/37 ("Maturity Date") at which time all indebtedness under this Agreement, if not already paid, will be due and payable. Except as provided herein and unless terminated earlier in .accordance with the terms of this Agreement I may obtain Advances under the terms of this Agreement for lfifteen (15) years from the date of this Agreement ("Draw Period"). The Post Draw Period begins upon expiration of the Draw Period and extends for fifteen (15) years to the Maturity Date. During the Post Draw Period, I will no longer be able to obtain Advances. MAXIMUM CREDIT LIMIT. My Maximum Credit Limit Is indicated above. This is the. maximum amount I can have loutstanding at anyone time. I agree never to allow the Outstanding Balance due on my Account to exceed the Maximum Credit Umit. I also agree that you are not obligated to pay any Advance or other charge against my AcCount that would make my Outstanding Balance exceed my Maximum Credit Limit. I agree to immediately repay, upon demand, any Outstanding Balance that exceeds the Maximum Credit limit established hereunder. My Maximum Credit Limit will not be increased if I overdraw my Account. Any portion of the Outstanding Balance in excess of my Maximum Credit Limit will not I be secured by the security instrument covering my principal residence. For purposes of this Agreement; the term "Outstanding Balance" includes all unpaid Advances, accrued. bUt unpaid Finance Charges and accrued but unpaid Fees permitted to be charged to my Account under the terms of this Agreement or the Security Instrument. IAny increases in my Maximum Credit Limit I request will require that a new application be approved \n accordance with your then applicable underwriting standards and I must sign any additional agreements that in your opinion are necessary to secure your interest. . IPAYMENT SCHEDULE. During the Draw Period, I agree to pay the minimum monthly payment not later than the payme~t due date shown on my periodic statement as follows: . Q9 Payment Ootion A: if there is an Outstanding Balance, I agree to make a minimum monthly payment equal to the greater of (a) Finance Charges on the outstanding Advances plus unpaid fees accrued during the current billing period, I (b) the Overlimit Amount (as defined below), or (c) $50.00.; OR o Payment Ootion B: if there is an Outstanding Balance, I agree to make a minimum monthly payment equal to the greater of (a) 1.5% of the Outstanding Balance (rounded to the nearest whole dollar amount) shown on my Statement, (b) the Overlimit Amount (as defined below), or (c) $50.00. I "Overllmlt Amount" means the amount by which (0 the Outstanding Balance at the b.eginning of the billing period plus Advances, Finance Charges on the outstanding Advances and unpaid fees accrued during the current billing period minus payments, credits and past due amounts,exceeds (10 the Maximum Credit Limit. . If at any time, the Outstanding Balance if less than $50.00, the minimum monthly payment will be the Outstanding I Balance. . . The Total Minimum Payment Due amount means the. minimum monthly payment amount described above plus past due amounts as well as credit insurance premiums, if any. Failure to pay the Total Minimum Payment Due or New Minimum Payment Due amount as reflected on the periodic statement will result in Account default as more fully described in the I Defaultrrermination section of this Agreement and will res. ult in the assessment of a Late Fee in accordance with the provisions of the Late Fee section of this Agreement. . I may change my minimum monthly payment option to either payment option listed above during the Draw Period subject to your approval. All such requests must be made in writing signed by all Borrowers addressed to Lender at the address I obtained from Customer Service by calling 1-800-249-3869. Any such request to change the minimum payment option will be effective upon receipt as long as received at least one (1) business day prior to the end of the current billing cycle. 559873 (Rev 09) . Page 1 of 11 (06107) Mun~St.te PEL Agreement *0726391036* I I . I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT BIDDERS QUALIFICATIONS CDBG .#08031 lFB#: AHCDD Form 107 (Rev. 1 0/06) I ~. ~ 15. Financial report not more than .three (3) months old and containing a balance sheet providing at least the following information. I BALANCE SHEET ASSETS I CURRENT ASSETS: I Cash Joint Venture Accounts . Accounts Heceivable Notes Receivable Accrued Interest on N'otes Deposits Material and Prepaid Expense Total Current Assets FIXED ASSETS - NET OTHER ASSETS TOTAL ASSETS: I See Attached Balance Sheet I LlA.BILlTIES AND CAPITAL I CURRENT LIABILITIES Accounts Payable Notes Payable Accrued Interest on Notes provision for Income Taxes Advances Received from Owners Accrued Salaries Accrued Payroll Taxes Other Total Current Liabilities OTHER LIABILITIES CAPITAL Capital Stock Authorized and Outstanding Shares, . Par Value Earned Surplus TOTAL LIABILITIES AND CAPITAL I I I I. I The undersigned hereby authorizes and requests any perSon, finn, or corporation to furnish any infonnation requested by the City's Augusta Housing & Community Development Departmentin verification ofthe recitals comprising this Statement of Bidder's Qualifications. I IA..5 Ye Date I 2 - ,- 0 c ::~~:fOf &t;~:::h/~ ) ss. 1~-e/fPI')\~ '130j:JLL SJff!.... being duly sworn deposes and says that he is l'lWn €.f of - J;b 13o<,\q L< '7 Cbf)~;;+r ud/c~ LiC-.- and that the answers to the foregoing questions and all st ements therein contained are true and correct. vJ ~ Sworn to before 11:Ie this. (:3 ~ day of [:.;>.bnMVL{ , 20..Q.$.. . .... ~-=--- N ta Public g ( I . My Commission Expires _ I 0_ I I I Page 1 07 ~3 I . I I I I I I I I I I I I I I I /. 2008 JEB BOGGUS CONSTRUCTION, LLC BALANCE SHEET FISCAL YEAR ENDING I?ECEMBER 31, 2008 ASSETS CURRENT ASSETS CASH __ ACCOUNTS RECEIVABLE PREPAID EXPENSES NOTES RECEIVABLE TOTAL CURRENT ASSETS FIXED ASSETS LAND M&E TOTAL FIXED ASSETS OTHER ASSETS TOTAL ASSETS LIABILITIES & EQUITY LIABILITIES ACCOUN_TS PAYABLE NOTES PAYABLE PAYROLL L1~BILlTIES TOTAL LIABILITiES EQUITY BEGINNING EQUITY OWNERS CONTRIBUTIONSI DRAWS RETAINED EARNINGS TOTAL EQUITY " TOTAL LIABILiTIES & EQUITY ~..ko+' Geo,;.J'''- . ~ +j f D.....p CO h<fYl.b 14- . ~9~ 9)/3)01 I~ S},/Ju I 8,419.18 39,292.93 535.00 198,074.04 246,320.85 2,988,655.08 130,066.48 3,118,721.56 185,438.26 3,550;480.67 41,030.46 1,769,963..09 9,176.43 1,820,169.98 25,352.74 865,469.16 839,488.79 1,730,310.69 . 3,550,480.67 '1 ~ ( )- u (1 J. e f-Di'f\ e 13cj~. U-. 5 '3'"K. .. , . -). b. -. 5 Ii Of\S+r-lA. e--ttDfI D (.,vn~l/ € . ~ L.. I, , :." ..',. \'" ,...,- ....;::..... LICENSE NO. . .. GCC0000292 I STATE OF GEORGIA KAREN HANDEL, Secretary of State State Licensing Board for Residential/General Contractor Gener~l ~ontractor Company I ~:...);:'." .;;~ )~t.::n'.:, ~.~~.:..< JBC Construction/Jeb Boggus Construction 118 N. Belair ..... ,~....~~:':.::':.- F. 'S"te": 1 '\'.; . ~ ,.,. .'~.;..':'..I " , ,L,,;'-, .'::,:' ._;;:Ev~l1sdA."30809.'.: . . ' ..." Qualifying Agent: Jerome B. Boggus, Jr. Qualifying Agent License NO: GCQA000048 I I EXPIRATION DATE - 11/30/2009 t45021 I I Above is your license issued by the Georgia State Board ofRe~idential and Gr;:neral Contractors. A pocket-sized license card is below. Please make note of the expirlltion pate on your license. It is your responsibility to renew your license before it expires. License renewals may lie completed prior to the expiration date via the Board's website or by obtaining a paper renewal from the Board office. I ! Reminder: It is your respo~.sibnityto,keep you~ irisllr~ncectirfent.~l~ase provide the Board with a copy of your Certificate ofInsurance ea~l1,time your insurance isrenewed~The Boarc:idoes receive copies of cancellation notices which I will affectthe status of your li~ense. ' . .,' . It is the licensee's responsibpity to notify the b9ardofficeirinnediately()[any change of name or address. You may update your address online at the board's w~bsite atW\VW .SOS; ga. gOY /plb/Contractors/ . I ..-.'. ..- .,. -. -..,..-- -. . - ... ... - You may contact the Board a.t: GEORGIA STATE BOARD FOR RESIRENTIAL & GENERAL CONTRACTORS I 237 COLISEUM DRIVE, MAC()~, GEORGIA.3)217-3858 .._.. _._. 478-207-2440 (phone) 478-207-14~4 (fax) wd5site: wWW;sos.ga.gov/nlb/contractors/ I I I I STATE OF GEORGIA KAREN HANDEL, Secretary of State State Licensing Board for Residential/General Contractor .General Contractor Company I LICENSE NO. GCC0000292 I JBC Construction/Jeb Boggus Construction 118 N. Belair Ste.l Evans GA 308Ci9 Residential/General Contractor JBC ConstructionlJeb Boggus Construction 118 N. Belair . Ste.l Evans GA 30809 Qualifying Agent: Jerome B. Boggus. Jr. Qualifying Agent License NO: GCQA000048 I EXPIRATION DATE - I 1/3012009 . / I I I I I I 1 1 I.. 1 1 I . THIS CERTIFICATE IS TO BE POSTED IN. A CONSPICUOUS PLACE IN THE BUSINESS HEREIN DESCRIBED. AUGUSTA BUSINESS(NDOC) CERTIFICATE 2009 THIS CERTIFICATE EXPIRES ACCOUNT 2009#019077 ISSUE DATE 02/05/2009 CERTIFICATE ISSUED INNAME OF JEB BOGGUS CONSTRUCTION Thursday, December 31, 20P9 Yearly 01/01/20~9-12/31/2009 BUSINESS LOCATION II?NBELAIR~ CERTIFICA~ BOGGUS JEB 4875 SANDSTONE CT EVANS, GA 30809 CONTRACTOR MAILING ADDRESS INFORMATION JEB BOGGUS CONSTRUCTION 118 N BELAIR RD STE A EVANS, GA 30809 THE LICENSE AND INSPECTION DEPARTMENT SHALL HAVE THE RIGHT TO SUSPEND ANY CERTlFICATE IF THE BUSINESS VIOLATES ANY LAW OR ORDINANCE OF THE UNITED STATES, THE STATE OF GEORGIA, OR RICHMOND COUNTY. ORIGINAL 122015 THIS CERTIFICATE IS TO BE POSTED IN A CONSPICUOUS PLACE IN THE BUSINESS HEREIN DESCRIBED. AUGUSTA. BUSINESS(NDOC) CERTIFICATE THIS CERTIFICATE EXPIRES 2009 ACCOUNT 2009#019077 ISSUE DATE. 02/05/2009 CERTIFICATE ISSllED IN NAME OF JEB BOGGUS CONsTimCTION Thursday, December 31, 2009 Yearly 01/0112009-12/31/2009 BUSINESS LOC~ 118 N BELAIRAID CERTIFICAT~' SSIN BOGGUS JEB 4875 SANDSTONE CT EVANS, GA30809 TRACTOR ~ I I MAILINGAPDRESS INFORMATION JEll BOGGUS CONSTRUCTION 118 N BELAIR RD STE A EVANS, GA 30809 THE LICENSE AND INSPECTION DEPARTMENT SHALL HAVE THE RIGHT TO SUSPEND ANY CERTIFICATE IF THE BUSINESS VIOLATES ANY LAW OR ORDINANCE OF THE UNITED STATES, THE STATE OF GEORGIA, OR RICHMOND COUNTY. COpy 122015 I WAGE DECISION TRANSCRIPT I FORM 108 General Wage Decision: GA080138 01/02/2009 GA138 Date Verified on Department of Labor Web Site: May 11, 2009 I I GENERAL DECISION: GA20080138 01/02/2009 GA138 I I I Date: January 2, 2009 General Decision Number: GA20080138 01/02/2009 State: Georgia Construction Type: Heavy County: Richmond County in Georgia. Modification Number o 1 Publication Date 09/26/2008 01/02/2009 I * ELEC1579-002 10/01/2008 I I Rates ELECTRICIAN Electrical contracts over $2.5 million.......... ......$ 24.15 Electrical contracts under $2.5 million......... .......$ 22.13 I I ENGI0474-002 07/01/2008 Rates Operating Engineers: Bulldozer and Forklift (under 15 tons) ..... ... .....$ 20.72 Forklift (15 tons and over).$ 22.55 I * PAIN1756-002 04/01/2008 Rates PAINTER: Brush, Roller and Spray. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.35 SUGA2008-050 08/06/2008 Rates CARPENTER... ........ ...... .......$ 13.00 CEMENT MASON/CONCRETE FINISHER...$ 11.99 IRONWORKER, REINFORCING.... ......$ 11.50 LABORER: Common or General.... ..$ 7.45 Page 108-1 Fringes 8.78 8.44 Fringes 10.70 10.70 Fringes 5.46 Fringes 0.00 0.00 2.04 0.00 IFB#: CDBG #08031 I WAGE DECISION TRANSCRIPT IFB#: I FORM 108 I General Wage Decision: GA080138 01/02/2009 GA138 Date Verified on Department of Labor Web Site: May 11, 2009 CDBG #08031 I LABORER: Pipelayer..............$ 13.06 3.56 OPERATOR: Backhoe/Excavator. ....$ 11.68 0.00 OPERATOR: Crane. . . . . . . . . . . . . . . . . $ 20.00 0.00 OPERATOR: Grader/Blade... .......$ 14.16 0.27 OPERATOR: Loader. . . . . . . . . . . . . . . . $ 13.65 1. 78 OPERATOR: Piledriver...... ......$ 10.63 0.48 OPERATOR: Trackhoe............. .$ 11. 00 1.10 OPERATOR: Roller. . . . . . . . . . . . . . . . . $ 9.75 0.19 TRUCK DRIVER. . . . . . . . . . . . . . . . . . . . . $ 10.82 0.00 I I I I I WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. I I Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (ii)). I In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. I WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling * * * On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. Page 108-2 I WAGE DECISION TRANSCRIPT IFB#: I FORM 108 I General Wage Decision: GA080138 01/02/2009 GA138 Date Verified on Department of Labor Web Site: May 11, 2009 CDBG #08031 I With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: I Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 I I 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: I Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 I The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. I I 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: I Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 I 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION I I I I I I Page 108-3 I I AHCDD Form 109 (Rev. 10106) I I I I I I I I I I I I I I I I I - AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT LIST OF DRAWINGS List of Project Drawings Bound Within the Bid Package List of Schedules, Tables, and Details Bound Within the Bid Package List of Project Drawings Furnished With the Bid Package IFB#: COSG #08031 List of Schedules, Tables, and Details Furnished Separately With the Bid Package Page 109-1 I I I I I I I I I I I I I I I I I I I AHCDD Form 110 (Rev. 10/06) AUGUSTA HOUSING & COMMUNITY DEVELOPMI;NT DEPARTMENT. CERTIFICATE AS TO CORPORATE PRINCIPAL IFB#: COBG #08031 For bidding corporation, the following certification must be made by. Sec~etary of the corporation named as Principal in bond, attached to the Bid Bo-nd and .submitted with the bid. I, Jerome .Boggus, JR , certify that I amthe Secretary of the corporation named as Principal in the within bond. That Jerome Boggus, JR , who signed the bond on behalfof the Principal, was then the ... Owner . .. . of said corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed,. sealed, and attested to for and in behalf of said corporation byciuthority of its governing body. . . Signature of Secretary of the Corporation. Name of Secretary of the Corporation Jerome Boggus, JR Date 2 - r 3-" '/ Corporate Seal J eb Boggus Construction, LLC 118 N. Belair Road, Suite 1 Evans, GA 30809 .1 Page 110-1 . I I I I I I I I I I I I I I I I I I I Bid/RFP/RFQ # CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with ~rl:'~~1~l1;-Q,~a1f. stating affirmatively that the individual,firm, or corporation which is contracting with Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any,ofthe electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and. Control Act of 1986 (lRCA), P.L. 99-603], in accordance- with the app1ical:>i1jty prQviSibnsanct geadlipes establi~hed in o.c.~.A 13-1 O~91. , .... . . . ,.." ". I' . Th~ undersign~d furth~r ag;ees that, should it .employ or .contract with allY sLlbcontractor( s) in connection with the physical performance of services pursuant to this cqntract with AUgu9ta Richmond County Board of ~ommissioners, contractor will secure from such subcontractor(s) similar verification of compliance with O.C;G.A 13-10-91 on the Subcontractor Affidavit provided in Rule 300-1 0-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor(s) is retaine,d to p~r.tc>rm such service. . E-Verify" User Identification Number r u..~f (0 (l 0 L C-- . Please Check One 500 or More _ 100 or more _ 100 or less ~ Number of Employees _ Date:. ~'2 / /S! 0 ; f - v--- BY: Authbr' a Officer or Agent (Contractor Signature) bWn€v Title of Authorized Officer or Agent of Contractor ~. --- " ) e (' Ol.....,e ~Jj, IA. 5Jr<... . . Printed Name of Aut~ed Officer or Agent 01' Vendor with 100 employees or more - must have an E-Verify " User Identification Number ./ 01' Vendor with less than 100 employees - check 100 or less box, fill out the form and return with your submittal. (Georgia Law requires you to have an E-Verify"User Identification Number on or after July 1, 2009.) ,200 q No ary Public My Commission Expires: ij'rJII/D I J MUST BE RETURNED WITH YOUR SUBMITTAL I I I I I,. . I. I I I I I I I I I I I I I STATE OF GEORGIA ('.0 I Urn b I a...- COUNTY CONTRACTOR AFFIDAVIT AND AGREEMENT COMES NOW before me, the undersigned officer dilly authorized to administer oaths, the undersigned contractor, who, after being duly sworn, states as follows: 1. By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. S 13-10-91 and Georgia Department of Labor Rille 300-10-1-.02, stating affirmatively that the individual, firm, or corporation which is contracting with the Georgia Department of Natural Resources has registered with and is participating in a federal work authorization program* in accordance with the applicability provisions and deadlines established in O.C.G.A. S 13-10-91 and Georgia Department of Labor Rille 300-10-1':.02. 2. The undersigned contractor further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to the contract with the Georgia Department of Natural Resources of which this affidavit is a part, the undersigned contractor will secure from such subcontractor( s) similar verification of compliance with O.C.G.A. S 13-10-91 and Georgia Department of Labor Rille 300-10-1-.02 through the subcontractor's execution of the subcontractor affidavit required by Georgia Department of Labor' Rille 30'0-10-1-.08 or a substantially similar subcontractor affidavit. The undersigned contractor further agrees to maintain records of .such compliance and provide a copy of each such verification to the Georgia Department of Natural Resources at the time the subcontractor(s) is retained to perform such service. EEV / Basic Pilot Program User Identification Number FURTHER AFFIANT SAYETHNOT. ?--h 3 Ii) '1 Date I '-;)e b -K;:x;./t. 5 Contracto be ;1 f I LJ (' . uinc; ru.~'o/\ .l./ 0 - 11111 Jnel? Title of Authorized Officer or Agent of Contractor J;'fl)f/VVC' '13a;a v. 5 ."Cf f2- Printed Name of A'tllli'orized Officer or Agent Page 1 I I I I I I I I I I I I I I I I I I I Sworn to and subscribed before me This 13- day of }.eb(2LUffY, 2001 ~.. . Notary Public My commissi~n expires: 'f\/~IID * Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Ii:ru:i1igration Reform and Control Act of 1986 (IRCA), P.L 99-603. As of the effective date ofO.C.G.A. 9 13-10- 91, the applicable federal work authorization program is the "EEV / Basic Pilot Program" operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). , Page 2 I I I I I I I I I I I I I I I I I I I GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006 Effective July 1, 2007, the following language is required to be included in all contracts entered into by the Department for the physical performance of services within this State: "A. Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the Contractor understands and agrees that compliance with the requirements of a.c.G.A. 9 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 are conditions of this Agreement. The Contractor further agrees that such compliance shall be attested by the Contractor through execution of the contractor affidavit required by Georgia Department of Labor Rule 300-10-1-.07, or a substantially similar contractor affidavit. The Contractor'$ fully executed affidavit is attached hereto as Exhibit _ and is incorporated into'this Agreement by reference herein. B. By initialing in the appropriate line below, the Contractor certifi(3s that the following employee-number category as identified in a.c.G.A. 9 13-10-91 is applicable to the Contractor: 1. 500 or more employees; 2. 100 or more employees; 3. ~ Fewer than 100 employees. C. The Contractor understands and agrees that, in the event the Contractor employs or 'contracts with any subcontractor or subcontractors in connection with this Agreement, the Contractor shall: 1. Secure from each such subcontractor an indication of the employee- number category as identified in a.c.G.A. 9 13-10-91 that is applicable to the subcontractor; 2. Secure from each such subcontractor an attestation of the subcontractor's compliance with O.C.G.A. 9 13-10-91 and. Georgia Department of Labor Rule 300-10-1-.02 by causing each such subcontractor to execute the subcontractor affidavit required by Georgia Department of Labor Rule 300-10-1-.08, or a substantially similar subcontractor affidavit. The Contractor further understands and agrees that the Contractor shall require the executed subcontractor affidavit to become a part of the agreement between the Contractor and each such subcontractor. The Contractor agrees to maintain records of each subcontractor attestation required hereunder for' inspection by the Department at any time." I' I I I I I I I I I I I I I I I I I I ~~. j ....,..,..,.~ . . .': ".\JI.... .. , ,. .. l~~ ~) ... .. . :. 1. ,:'A CONFLICT OF INTEREST: It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement contract when the employee or official knows that: . (a) the employee or official or any member of the employee'l? or official's immedIate. family ha13 a substantial interest or financial interest pertaining to. the Pfocuremel)t contract, except. that. the purchase of. goods and services from businesses which a member of the Corrm,issiori or oth~r CIty of Augusta employee has a financial interest is authorized as per O:C. G.A. 36-1-14, or the procurement contract is awarded pursuantto O.C.G.A. 45-10-22 and 45-1 0':24,. or the transaction is excepteq from sciid restrictions byO.C,G.A.45-10:-2?;' .. . (b) Any other person, business, ororgarlization with whom the employee or official of any member of an employee's or Official's immediate family Is negotiating or has an arrangementconceming prospective employment is involved In the procurement contract. Any employee or official or any member of an employee's or official immediate family who holds a substantial interest or financial intert?st in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining' to that substantial interest or financial interest. I, (vendor) --;)e.~t}yl"e 13o-S-C1 I.A S 7\12- contained in the bid specificatibffs~ Vendor Name: :Ielo 'bD.:J5/1lS tDn'::,h-lAoL'D ,'I I L~e- have read and understand the information City & State: Rci 2> L-<-~ \- e I . 30 8' (;J '7 \ \ \?S r0 '~\Ovi r f'VQI'"'><), Gh , I' Phone #: (7t>b)S 55 53 '1- S Signature: ~ ~ -. Bid Item Nu~n~ Name: C DE G,- -:i:\: n<gD =3 } Address: FaX#(70lo) gss - 2:31 & bate: Z/ /:3 /0 '1 {' - Sh: I 0 h toyn(y\l.A.l'l\ ~ (I/eft-kt- S j'te WC(' k:: l:r'"hprDVe meAts . This form MUST be submitted with bid package. NO Exception(s) will be granted The' undersigned understa,nds that it is the policy of Augusta-Richmond County to pr~~~te full'and . equal business opportunity for alrpersons doing business with Augu~ta'-Richmond Co~nty. The undersigned covenants. that we have not discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to prime contracting, subcontracting or partnering opportunities. " . The und~rsigned'covenants "and agrees t6~ake good faith effortsto ensure maximum practicable participation of local small businesses on the bId or contract awarded by Augusta-Richmond County. The undersignep further covenants thatvw~ have completed truthfl,llly and fully the required forms regarding good faith efforts. and lopal small businesssubco.litractor/supplierutillzatlon. '. . ' . The undersigned further covenants and agrees not to engage in. discriminatory COnciUl?t of any type against local small businesses, in conformity with Augusta-Richmond County's Local Small Business Opportunity Program. Set forth below is the signature of an officer of the bidding/contracting entity with the authority to bind the entity. The undersigned acknowledge and warrant that this Com pany has been made aware of understands and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to do business with this Company;. . . . . That this promise of non-discrimination as made and set forth herein shall be continuing in nature and shall remain in full ,force and effect without interruption; . That the promises of non-discrimination as made and set forth herein shall be and are hereby deemed to be made as part of and incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and; . ..... .... . That the fa,i1ure of this Company to satisfactorily discharge any of the promises of nondiscriminatic,m as made and set forth herein shall constitute a material breach of contract entitling the City of Augusta to declare the contract in default and to exercise any and all applicable rights remedies including 'but not limited to 1'/ cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and or forfeiture of compensation due and owing on a contract. Si9nature~ nIA1()~r, J-eb 13octCH-t <:; ~s+ruc:.fo)n( tj./C-- Title of AtteSting Party :::J:::J · I /~ \i (}-. . I /~~~ I I I - I I I I I I I I I I I I I I .~ ;: ' ". STATEMENT OF NON..,DISCRIMINATION subscdbed and sworn to before me . this I '=? .. day of t:ebNla.I''(. 2009. qhD(\(,~il- l/"DWC Notary Public ,My commission expires: SEAL 2'5/:;21 J 10 I I This form MUST be submitted with bid package. NO Exception(s) will be. granted I ., I - I I I I I I I I I I I I I I I I I Bid/RFP/RFQ # SOBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10:'91, stating affirmatively that the individual firm, or corporation which is engaged in the physical performance of services under a contract with 0' (AS C!Dflsfvuc.-f..() on behalf of Augusta Richmond County Board of Commissioners has registere.. ith and is participating ih a federal work authorizationprogram* [any of the electronic.v~rific~tion of work authorization programs operated by the United States Departmentof Homeland SecLirltyor anyeq'uivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), P.L. 99-603], in accordance' with the . applicabilitY provisionsqand deadlines established in O. C. G. A '13-1 0-9'1. E-Verify '" User Identification Number" Please Check One 500 or More 1 00 .or more 100 or less Number of Employees . Date: 7.-1, 2> /7) 1. I I ./ . Vendor with 100 employ~es or more - must have an E-Verify '" User Identification Number ./ Vendor with less than 100 employees- check 100 or less box, fill out the form a,nd return with your submittal. (Georgia Law requires you to have an E-Verify"'User Identification Number on or after July 1, 2009.) , 200!J- MUST BE RETURNED WITH YOUR SUBMITTAL I' I r' I I I I I I I I I I I I I I I I I Bid/RFP/RFQ # SUBCONTRACTOR AFFIDAVIT , . By executing this affidavit, the undersigned subcontractor verifies its compliance with O. C. G.A. 13-10:'91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under. a contract with,Jt- h''J20-io. H~ C'onst-ruc.tr'OIl"l on behalf of Augusta Richmond County Board of Commissioners has registere'd\{rith and is participating ih a federal work authorization program* [any of the electronic.v~rification of work authorization programs operated by the United States Departmentof Homeland Sec'unty or anyetiuivaleJ1.t federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), P.L. 99-603], in accordance' with the applicabilitY provisions and deadlines established in 0; C. G. A '13-1 0-9.1. E-Verify * User Identification Number'. Please Check One 500 or More 100 .or more . 100 or less Number of Employees \.~r~~ . Date: '2- ) /3 / 0. '1 I , r Officer or A ent. Contractor Signature) \j \ e-,. e...Y ~ c,\D~'" Title of Authorized Officer or Agent of Contractor G::.<:,,-~).l~J2 Printed Nam f Authorized Officer or Agent ./ . Vendor with 100 employ$es .or more - must have an E-Verify * User Identification Number ./ Vendor with less than 100 employees - check 100 or less box, fill out the form and return with your submittal. (Georgia Law requires you to have an E-Verify*User Identification Number on or after July 1, 2009.) SUBSCRIBED NJD SWORN BEFjORE ME ON THIS TtlE J .,~.):;t;.!!rl{4/L) /~ ~. Notary ublic. My CommIssion Expires: 0/ I . 0 ;:U IV . I I 200.3- MUST BE RETURNED WITH YOUR SUBMITTAL I I I I I I I I I I I I I I I I I I I Bid/RFP/RFQ # SUBCONTRACTOR AFFIDA vir By executing this affidavit,the undersigned subcontractor verifies its compliance with O.C.G.A. 13-1 0~91., stating affirtnativelythatthe individual, firm, or corporation which is engaged in the physical performance of services under. a contract with e "B I.t.... COIiSt-1" LA /07l on behalf of Augusta Richmond County Board of Commissioners has registere. th and is participating ih a federal work authorization program* [any of the electronic .v!=lrification of work authorization programs operated by the United States Department of Homeland Security or any eqUivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), P.L. 99-603], in accordance' with the applicabilitY provisions and deadlines established in O. C. G.A '13-1 0-9.1. E-Verify * User Identification Number'. Please Check One 500 or More 100.or mors '100 or less 1/ Number of Employees ( HD'Dbs f 5pn 5 Company Name A . BY: Authorized Officeror--Agent (Contractor Signature) . Date:7-/i3Jo 1 { I . o 1..0 n e.-V' Title of Authorized Officer or Agent of Contractor. Le(\Y\.~ h-\~bh 5 Printed Na e of Authorized Officer or Agent . . . ./ Vendor with 1.00 employ$es or more -: must have an E-Verif)l ... User Identification Number ./ Vendor with less than 100 employees- check 100 or less box, fill out the form andretum with your submittal. (Georgia Law requires you to have an E-Verify*User Identification Number on or after July 1, 2009.) SUBSCRIBED ANI3SWORN BEFORE ME ON THIS THE ~ruaf~ N tary Public My Commission Expires: <?') :ll )/0 . I I I 200!1- MUST BE RETURNED WITH YOUR SUBMITTAL - I.. I " I I I I I I I I I I', I I I I I I I Bid/RFP/RFQ # SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10:"91, stating affirmatively that the individual firm, or co~6ration which is engaged in the ph ysicaJ performance of services under. a contract with~ . ~ ''is. Qons: nLC. /1 n behalf of Augusta Richmond County Board of Commissioners has registered~ . h and.isparticipating ih a federal work En Ithorization program* [any of the electronic .v~rificatiorl of work authorization programs operated bV the United States Department of Homeland Secudtyor anyeq'uivaJent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired 9mployees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA) , P.L. 99-603], in accordance' with the applicabilitY provisions and deadlines established inO; C.G,' A '13-1 0-9'1. . .. Please Check One .. 500 or More _ 100dr moreV100 or less Number of Employees Date: ;l // '/6 if I I B uthorize fficer or Agent (Contractor Signature) Sc)e~ Title O.,)Authorize fficer or Agent of Contractor C"'-rl t'VJ.:s Printed Name of Authorized Officer or Agent . . . .' '. .' ./ Vendor with 100 employ~es :or more --: must have an E-Verify ... User Identification Number ./ Vendor with less than 1 00 employees - check 100 or less box, fill out the formandretum with. your submittal. (Georgia Law requires you to have an E-Verify*User Identification Number on or after July 1, 2009.) ,200 ~ /:2//,,1/~ , I MUST BE RETURNED WITH YOUR SUBMITIAL I I I I I I I I I I I I I I I I I I. I In accordance with the Laws of Georgia, the following affidavit is required by aU vendoi1; A NON-COLLUSION AFFIDAVIT OF. SUBCONTRACTOR I, e- .. certify that this' biQ or proposal Is made Without pdor. ujiderstaridlng, agreeme r . nection with any corporation, firm or person submitting a bid for the same work, labor or.seivice to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusivebidding is a violation of state and federal law and can result in fines, prison sentences and civil damages awards.l agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder. . nt further states that ur. ant to O.C.GA Section 36-91-21 (d) and (e), r has not, by itself or with others, directly or indirectly,., preven emp ed to prevent competition in such biddin or proposals by any means whatsoever. Affiant further states that (s )he has not prevented or endeavored to preve anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or induced an er to withdraw a bid or offer for the work. ... ' states that the said offer of G,..... ~ 1/ , 0 0 is hona fide, and that no one has gone lier and attempted to get such person or company to furnish. the materials to the bidder only, or if . any other . e, thatthem.aterial shall be at a higher price. . . . () Title of Attesting Party ;. 1'3 dayof r::-c.hrk-{}J tf ,2003 (Affix corporate seal here, if a corporation) Notary Public: ~h 0,., dO-.. bow ~ County: Co I (;tvnbia.. $51 ;) ( ) I D , f SEAL Commission Expires: Failure to properly execute the above affidavit must be considered grounds for rejecting vendor submittals i; - I I I I I I I I I I I I I I I I I I I A In accordance with the LaWs of Georgia, the following affidavit is required by all vendor!? . . . NON-COLLUSION AFFIDAVIT OF SUBCONTRACT9R , I,a(~ ~ Q{\ fo('oi . '. . certify that tilis bi9 ~r propoSaJis made without Prloru.nderstaridliig, agreemer1t or eonnection with any corporation, firm or person submitting a bid for the same work, labor or. service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding isaviolation of state and federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all cOflditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder.. .. Affiant further states th?t pursuant to O.C.GA Section 36-91-21 (d) and (e), e( ~W'\.(brol has not, by itself or with others, directly or indire.ctly,' preve tl or attempted to prevent competition in such bidding or proposals by any means whatsoever. Affiant further states that (s )he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to withdraw a bid or offer .1"& the work.' ... . ... . Affiant further states that the said offer of iJ 3 t () 0 is bona fide, and tii~t no one has gone to any supplier and attempted to get such person or company to furnish.the materials to the bidder only, or if furnished to any .. bidder, tha e material shall be ata h.igher price. . \I? "::Y'''""\.-~t<)...~ Title of Attesting Party .. ~~thiS 13. Notary Signature day of Futo r liar '1 , 200.1. (Affix corporate seal here, if a corporation) Notary PUblic:~ ho" dcz ~o vJ f County: r n I VL(YI \2>(' 0- Commission Expires: <g' /21 I i V / I SEAL Failure to properly execute the above affidavit must be considered grounds for rejecting vendor submittals I I I I I I I I I I I '" .,.~ ~ In accordance with the Laws of Gtmrgi~1 the following affidl:ivit is required by all vendors NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR . . I, Ie..., ,') '7 H ~Io I \ .. certify that this bie;! or prop'osal .is made without prior qnderstanding, agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damages awarqs.1 agree to abide by all conditions of this bid or proposal and certify that I alJl authorized to sign this bid or proposEd for the bidder:' . Affiant further states that pursuant to O.C.GA Section 36-91-21 (d) and (e), . ' .. /' 0..... ) has not, by itself or with others, directly or indire.ctly, . prevented or a empted to p vent competition in such bidding or proposals by any means whatsoever. Affiant further states that (s )he has not prevented or endeavored to prevent anyone from making. a bid or offer on the project by any . means whatever, nor has Affiant caused or induced another to withdraw a bid or offer for the work. . Affiant further states that the said offer of 1/ '7 d () is b'ona fide, and that no one has gone to any supplier and attempted to get such person or company to furnish.the materials to the bidder only, or if furnished to any other bidder, that the material shall be at a higher price. . ~. signature of Attesting Party.. . . OW I') er Title of Attesting Party . . I I I I I I II's ~~ Signature (Affix corporate seal here, if a corporation) Notary PUblic(2hDnr1a LouJe ~ to I;t;l ~. b i'a, g/21/j1) I , )S day of _(P bruit r ~( , 2003.. County: Commission Expires: SEAL Failure to properly execute the above affidavit must be considered grounds for rejecting vendor submittals .~ ~,~ i .- ,;. ..;.",' - (Affix corporate seal here, if a corporation) Notary PUb!ic:P ~ tf.,'/re ~ County: U At.b, ;, . Commission Expires: / ~//~ II ,... . I SEAL 1 1 1 I. 1 1 I I I I I I I 1 1 1 I I I In accordance with the Laws o~ G~orgia, the following affidavit is required by all vendors NON-COLLUSION AFfiDAVIT OF SUBCONTRACTOR . . I, C,A { (. s .1JtA V 15. . .. certify that this bic;l or proposal is made without prior u,nd.erstanding, agreement or eonnection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damages awarqs. I agree to abide by all cOFldltions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder. . ~an.t further states that pursuant to O.C.G.A. Section 36-:91-21 (d) and (e), l.LL/('S "b:tIJ I c.. .. has not, by itself or with others, directly or indire.ctly, prevented or attempted to prevent competition in such bidding or proposals by any means whatsoever. Affiant further states that (s )hehas no revented or endeavored to prevent anyone from making a bid or offer on the project by any means tev r, nor as ffiant caused or induced another to withdraw a. bid or offer for the work. ates hat th said offer of . I ~ I L,. f lo O~ is bona fide, and th~t no one h~s gone I rand attemR ed to get such persbn or company to furnish the materials to the bidder only, or if nyo. er bid~ r, that the material shall be at a higher price. subscribed bef re me this /4, . day of Pe...t3 .&-., , 200.1.. Failure to properly execute the above affidavit must be considered grounds for rejecting vendor submittals . .'" - I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT SUBCONTRACTOR AFFIDAVIT GA SECURITY & IMMIGRATION COMPLAINCE ACT OF 2006 Project #: CDBG #08031 STATE OF GEORGIA RICHMOND COUNTY SUBCONTRACTOR AFFIDAVIT COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned contractor, who, after being duly sworn, states as follows: By executing this affidavit, the undersigned sub contractor verifies its compliance with O.C.GA S 13- 10-91 and Georgia Department of Labor Rule 300-10-1-.02, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with Jeb Boggus Construction, LLC (name of contractor) on behalf of the Georgia Department of Natural Resources has registered with and is participating in a federal work authorization program* in accordance with the applicability provisions and deadlines established in O.C.G.A. S 13-10-91 and Georgia Department of Labor Rule 300-10-1.02. . ot Program User Identification Number 3 N 1 Concrete Subcontractor Name Owner Title of Authorized Officer or Agent of Subcontractor Gregory Bennett Printed Name of Authorized Officer or Agent Sworn to and subscribed before me This ~ day of O-FJ I I I I I I I I I I I I I I I I I I I My commission expires: AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT SUBCONTRACTOR AFFIDAVIT GA SECURITY & IMMIGRATION COMPLAINCE ACT OF 2006 .2009 blic ~00 Project #: CDBG #08031 * Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (I RCA), P.L. 99-603. As of the effective date of O.C.G.A. S 13-10-91, the applicable federal work authorization program is the "EEV/Basic Pilot Program" operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the.Social Security Administration (SSA). I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT SUBCONTRACTOR AFFIDAVIT GA SECURITY & IMMIGRATION COMPLAINCE ACT OF 2006 STATE OF GEORGIA RICHMOND COUNTY SUBCONTRACTOR AFFIDAVIT Project #: CDBG #08031 COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned contractor,who, after being duly sworn, states as follows: By executing this affidavit, the undersigned sub contractor verifies its compliance with O.C.GA S 13- 10-91 and Georgia Department of Labor Rule 300-10-1-.02, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with Jeb Boggus Construction, LLC (name of contractor) on behalf of the Georgia Department of Natural Resources has registered with and is participating in a federal work authorization program* in accordance with the applicability provisions and deadlines established in O.C.GA. 9 13-10-91 and Georgia Department of Labor Rule 300-10-1.02. EEV/Basic Pilot Program User Identification Number J..\-o~ - 0 ~ Date Dirt Works Subcontractor Name VP Dirtworks Title of Authorized Officer or Agent of Subcontractor Greg Bandford Printed Name of Authorized Officer or Agent I I I I I I I I I r I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT SUBCONTRACTOR AFFIDAVIT GA SECURITY & IMMIGRATION COMPLAINCE ACT OF 2006 Project #: . CDBG #08031 Sworn to and subscribed before me . This 12 day of ~ ~~ . .. - ". Notary Public My commission expires: d:Ll I J D . . I J ,2009 * Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (I RCA), P.L. 99-603. As of the effective date of O.C.G.A. S 13-10-91, the applicable federal work authorization program is the "EEV/Basic Pilot Program" operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). - I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT SUBCONTRACTOR AFFIDAVIT GA SECURITY & IMMIGRATION COMPLAINCE ACT OF 2006 Project #: CDBG #08031 STATE OF GEORGIA RICHMOND COUNTY SUBCONTRACTOR AFFIDAVIT COMES NOW before me, the undersigned officer duly authorized to administer oaths. the undersigned contractor. who. after being duly sworn. states as follows: By executing this affidavit, the undersigned sub contractor verifies its compliance withO.C.G.A. 9 13- 10-91 and Georgia Department of Labor Rule 300-10-1-.02, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with Jeb Boggus Construction, LLC (name of contractor) on behalf of the Georgia Department of Natural Resources has registered with and is participating in a federal work authorization program* in accordance with the applicability provisions and deadlines established in O.C.G.A. 9 13-10-91 and Georgia Department of Labor Rule 300-10-1.02. EEV/Basic Pilot Program User Identification Number FURTHER AFFIANT SA YETH NOT ? 7~--7 BY: Authorized Officer or Agent t..;~3-D9 Date Hobbs & Sons Clearing & Grading Subcontractor Name VP Hobbs & Sons Title of Authorized Officer or Agent of Subcontractor Lenny Hobbs Printed Name of Authorized Officer or Agent I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT SUBCONTRACTOR AFFIDAVIT GA SECURITY & IMMIGRATION COMPLAINCE ACT OF 2006 Sworn to and subscribed before me This .2009 Notary Public . My commission expires: . 'i<: P l I {O Project #: CDBG#08031 * Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (I RCA), P.L. 99-603. As of the effective date of a.c.G.A. ~ 13-10-91, the applicable federal work authorization program is the "EEV/Basic Pilot Program" operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). . I I I I I I I I I I I I I I I I I I.. I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT SUBCONTRACTOR AFFIDAVIT GA SECURITY & IMMIGRATION COMPLAINCE ACT OF 2006 Project #: COBG #08031 STATE OF GEORGIA RICHMOND COUNTY SUBCONTRACTOR AFFIDAVIT COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned contractor, who, after being duly sworn, states as follows: By executing this affidavit, the undersigned sub contractor verifies its compliance with O.C.G.A. 9 13- 10-91 and Georgia Department of Labor Rule 300-10-1-.02, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with Jeb Boggus Construction, LLC (name of contractor) on behalf of the Georgia Department of Natural Resources has registered with and is participating in a federal work authorization program* in accordance with the applicability provisions and deadlines established in O.C.G.A. 913-10-91 and Georgia Department of Labor Rule 300-10-1.02. BY: O'j )0 *3>) 09 Date I / Maner Builders Supply Company Subcontractor Name Sales Title of Authorized Officer or Agent of Subcontractor Chris Davis Printed Name of Authorized Officer or Agent I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT SUBCONTRACTOR AFFIDAVIT GA SECURITY & IMMIGRATION COMPLAINCE ACT OF 2006 Sworn to and subscribed before me .2009 Notary Public My commission expires: 'it / at 1.0 Project #: COSG #08031 * Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (I RCA) , P.L. 99-603. As of the effective date of D.C.GA. S 13-10-91, the applicable federal work authorization program is the "EEV/Basic Pilot Program" operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT SUBCONTRACTOR AFFIDAVIT GA SECURITY & IMMIGRATION COMPLAINCE ACT OF 2006 Project #: CDBG #08031 STATE OF GEORGIA RICHMOND COUNTY SUBCONTRACTOR AFFIDAVIT COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned contractor, who, after being duly sworn, states as follows: By executing this affidavit, the undersigned sub contractor verifies its compliance with O.C.G.A. 9 13- 10-91 and Georgia Department of Labor Rule 300-10-1-.02, stating affirmatively that the individual, firm, or corpor~n whicj1 is engaged in the physical performance of services under a contract with . S 6vo v":> L.=-a-J c: U (name of contractor) on behalf of the Geor I Department of Natural Resources has registered with and is participating in a federal work authorization program* in accordance with the applicability provisions and deadlines established in O.C.G.A. 9 13-10-91 and Georgia Department of Labor Rule 300-10-1.02. EEV/Basic Pilot Program User Identification Number T LJ-t'~ 6J i Date /J1 u- $I-)tf) C{);U C~afG Subcontractor Name ~0t'dc-v' Title of Authorized Officer or Agent of Subcontractor f( ts.u /l1 usf)- X/ Printed Name of Authorized Officer or Agent I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT SUBCONTRACTOR AFFIOA VIT GA SECURITY & IMMIGRATION COMPLAINCE ACT OF 2006 , Sworn to and subscribed before me ~ddayof ~ ,2009 ~;:::;- My commission expires: 5/2.1 / / D Project #: CDBG #08031 * Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (I RCA) , P.L. 99-603. As of the effective date of O.C.G.A. 9 13-10-91, the applicable federal work authorization program is the "EEV/Basic Pilot Program" operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). I - AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Project #: COSG 04037 LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM MONTHL Y SUBCONTRACTOR/SUPPLIER UTILIZATION REPORT I - ":l C"l I > 0 0< 2: := .., ~ "Cl t"l ~ ,0 t':l ~ c:: C"l "Cl 0 I t"l .., 0 '-< ~ 0 .~ t':l .~ ~ ("") 2: .., ~ ~ 0 "Cl .., t':l 2: > ~ > I t"" == en 0 t:::l t':l ~ ~ I 0 == .., > I =- d ... C'} rI.> ~ d tC)""l 00 ~ :3 .., "" ... > I :::r-. r;n ~ C I C .... 0 en ~~ ;::: 0 ..... 0("") ~ 0' ~ ~ z= (JrI.> en ..,~ I c = = ESo ;::: 0' 0- S :3 ":l > () 0 -<.~ () ... t"l c:: ~ ..... .... := .., .... 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';/e () ~~ I ... 0 r+ '"d -t:..rI.> "Cl I t'o,J= 0 = :;d t'o,J~ (I.l > 0 00= t':l (I.l C') ""l t:::l t':l ~ c. = ~ t'" :=- (I.l 6 I t::l .., = ~ > s. e .., a t"l ~ t"" - en t'" == ';/e - I N > ~ - 0 2: I 0 'Tj'"' CD e: C"::s 2 gj ~ I ~ g " -z .'0 !=' N-.I <:> <:> <:> w 00 Vo Project #: AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT AHCDD Form 115 (Rev. 10/06) CDBG #08031 NOTICE OF AWARD TO: Mr. Jeb Boggus Jeb Boggus Construction, LLC 118 N. Belair Road, Suite 1 Evans, GA 30809 PROJECT DESCRIPTION: Shiloh Community Center Site Work Improvements Construct a walking track, basketball court upgrades, security lighting and install four (4) gates. I The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated January 8. 2009, and Instruction for Bidders. You are hereby notified that your BID has been accepted for items in the amount of (Eiqhtv four thousand. five hundred dollars and no cents.) $84.500.00. I. You are required by the Instructions for Bidders to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond within ten (10) calendar days from the date of this Notice to you. 1 1 I I I I I By: I I If you fail to execute said Agreement and to furnish said bonds within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of the NOTICE OF AWARD to the OWNER. Dated this 26th day of March. 2009 AUGUSTA, GEORGIA By: {J~ t. ~ Chester A. W ACCEPTANCE OF NOTICE: Receipt of the above NOTICE OF AWARD is hereby acknowledged on this J I of 3 , 2009 C} ;:1 -) :') - _ ~:i . ~ . :-~ AHCDD Form 401 I (Rev. 5/2007) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONSTRUCTION CONTRACT Project #: CDBG #08031 I THIS AGREEMENT made this 26th day of March in the year 2009, by and between awarded Contractor, JEB BOGGUS CONSTRUCTION, LLC, (a legal entity), organized under the State of I Georgia, hereinafter called the "Contractor," and AUGUSTA, GEORGIA, (a political subdivision of the State of Georgia), through its AUGUSTA HOUSING & COMMUNITY DEVELOPMENT I DEPARTMENT, herein called the "Owner" and SHILOH COMMUNITY CENTER. INC., hereinafter called the "Grant Subrecipient. I WITNESSETH, that the Contractor, Owner and Grant Recipient for the consideration stated herein, mutually agree as follows: I I Statement/Scope of Work. The Contractor shall furnish all labor, material, equipment, and services and perform and complete all work required for the construction of Project No. 08031, in strict accordance with "the plans, specifications and drawings for this project developed by I 2KM Architects, Inc., as architects. Numbered 2KM #08-08.01, dated October 10, 2008. Said documents being incorporated herein by reference and made a part hereof. I I I I I I I I I I ARTICLE I ARTICLE II Contract Price. The Augusta, Georgia Housing & Community Development Department, Owner, shall pay the Contractor for the performance of the Contract, in current funds, subject to additions and deductions as provided in the specifications for completed work meeting the requi~ements of the Contract Documents, the sum of: EIGHTY FOUR THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($84,500.00). Said contract price being paid as draws against the contract price and deducting from each draw 10 % as retainage. The Contractor hereby agrees to commence work under this contract on 9r before a date to be specified in a written "Notice to Proceed" of the OWNER and to fully complete the project within 120 consecutive calendar days thereafter. The CONTRACTOR further agrees to pa~, as liquidated damages, the sum of $100 for each consecutive calendar day thereafter as hereinafter provided in Paragraph "9" of the General Conditions. 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 formal notice of default for failure to complete the wdrk of any of its component parts on time. Page 401-1 AHCDD Form 401 (Rev. 5/2007) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONSTRUCTION CONTRACT ARTICLE IV Contract Documents. The contract documents consist of the following: I Project #: I CDBG #08031 I (a) This Contract (b) General Conditions (c) Special/Supplemental Conditions (d) Technical Specifications (e) Drawings; and (f) Power of Attorney granted by the Augusta-Richmond County Commission to Chester A. Wheeler, III, so long as he is employed by Augusta, Georgia as the Director bf the Augusta Housing and Community Development Department. ARTICLE V Special Stipulations. The following provisions shall control if in conflict with any of the foregoing terms of this Gontract. , In the event that any provision or any other component part of this Contract conflicts with any provision of any other component part, the provision of the component part first enu~erated in the ARTICLE IV shall govern, except as otherwise specially stated. The various provisions in the I Addendum shall be construed in the order of the preference of the component part of the Contract which each modifies. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed by and through their authorized representative in four (4) original counterparts as of the day ~nd year first above written. Auqusta, GeorClia Owner U_~. ATTESY~':- , '. "~, ;~~>'~.: ,." ',' '. /'il" c.... ,)I~ ~0 ~ _ , P' .s.' ,~-;"'. ~~'. to: ~S:.~ A L: , . ~ . t .e;: ~~ rtj ~ ,-, '.;.,. ~.:; . ~ BY: David S. Asi tfJ~./J q~ Itness) Page 401-2 openhaver I Mayor ~'I. (g\C6 I I I ATTEST: I I AHCDD Form 401 (Rev. 5/2007) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONSTRUCTION CONTRACT Project #: CDBG #08031 Jeb BOQQUS Construction, LLC Contractor SEAL I~ ___ I As its Secl'e1ary BY: I I I I~)/ I I This contract is entered into by and through its authorized agents: I I I I I I Shiloh Community Center, Inc. Grant Subrecipient BY:-~&4W~~~ Samuel E. Tyso ,Jr. As its Board President Witness ~tdf~ Chester A. Wheeler, III Director AHCDD -- "' Frederick L. Russell City Administrator Page 401-3 Approved as to form by: I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 CONDUCT OF WORK 1. Definitions. A. "Architect" means the person or other entity engaged by the Owner or Grant Recipient to perform architectural, engineering, design, and other services related to the work as provided for in the contract. When AHCDD uses an engineer to act in this capacity, the terms "architect" and "engineer" shall be synonymous. The Architect shall serve as a technical representative of the Owner and the Grant Recipient. The Architect's authority is as set forth elsewhere in this contract. . B. "Contract" means the contract entered into between Owner, Grant Recipient and the Contractor. It includes the forms of Bid, the Bid Bond, the Performance and Payment Bond or Bonds or other assurance of completion, the Certifications, Representations, and Other Statements of Bidders, these General Conditions of the Construction Contract, the applicable wage rate determinations from either the U.S. Department of Labor or HUD, and any Supplemental and Special conditions included in the contract, the Notice to Proceed, the drawings and specifications, and the work write up. It includes all formal changes to any of those documents by addendum, change order, or other modification The Contract, including all referenced documents, constitutes the entire agreement between the parties. No agent, representative, employee or officer of either Owner, the Grant Recipient, or the Contractor has authority to make any statement, agreement or representation, oral or written, in connection with the Contract, which in any way can be deemed to modify, add to or detract from, or otherwise change or alter its terms and conditions. No negotiations between the parties, nor any custom or usage, shall be permitted to modify or contradict any of the terms and conditions of the Contract. No modifications, alterations, changes, or waiver to the Contract or any of its terms shall be valid or binding unless accomplished by a written amendment signed by all parties. All such amendments will be made using the appropriate Owner form. C. "Contractor" means the person or other entity entering into the contract with the Owner and the Grant Recipient to perform all of the work required under the .contract. D. "Drawings" means the drawings enumerated in the schedule of drawings contained in the Specifications and as described in the contract clause entitled "Specifications and Drawings for Construction" herein. E. "AHCDD" means the Augusta Housing and Community Development Department. The Owner's AHCDD provides financial assistance to an eligible Grant Recipient, which includes assistance in financing the work to be performed under this contract. As defined elsewhere in these General Conditions or the contract documents, the determination of AHCDD is required to authorize changes in the work or for release of funds for payment to the Contractor. Notwithstanding AHCDD's role, nothing in this contract shall be construed to create any contractual relationship between the Contractor and Owner. . F. "AHCDD Rehabilitation Inspector" means the person or persons delegated the authority by Owner's AHCDD to execute, administer, and/or terminate this contract. The term includes any successor AHCDD Rehabilitation Inspector. The Owner's AHCDD shall be deemed an authorized agent of the Grant Recipient in all dealings with the Contractor. G. "Grant Recipient" is the person or organization identified as such in the Construction Contract. The term Grant Recipient means the Grant Recipient or his authorized representative. H. "Project" means the entire project, whether construction or rehabilitation, the work for which is provided for in whole or in part under this contract. I. "Specifications" means the written description of the technical requirements for construction and includes the criteria and tests for determining whether the requirements are met. J. "Testing Laboratory" An independent entity engaged to perform specific inspections or tests of the work, either at the project site or elsewhere; and to report and, if required, interpret results of those inspections or tests. . Page 402-1 AHCDD Form 402 (Rev. 05/07) - 1 I 12. 1 1 1 I I 1 I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 3. 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 Grant Recipient pursuant to the clause entitled "Availability & Use of Utility Services." 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 Owner's AHCDD determines that the reduction would be to the advantage of Owner's AHCDD and the Grant Recipient. 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 Owner's AHCDD and has authority to act for the Contractor. D. The Contractor shall be responsible for all damages to persons or property that occur as a result of his fault or negligence, and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor shall hold and save the Grant Recipient and the Owner's AHCDD, its officers, and agents, free and harmless from liability of any nature occasioned by the Contractor's performance. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract. E. The Contractor shall layout the work from base lines and benchmarks indicated. on the drawings and is responsible for all lines, levels, and measurements of all work executed urlder 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 Grant Recipient's premises to areas authorized or approved by Owner's AHCDD. 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 materials) that are not the property of the Grant Recipient and all rubbish caused by its work; leave the work area in a clean, neat, and orderly condition satisfactory to Owner's AHCDD; perform all specified tests; and, deliver the installation in complete and operating condition. rejected (2.) (3.) (4.) H. The Contractor's responsibility will terminate when all work has been completed, the final inspection made,. and the work accepted by the Owner's AHCDD and the Grant Recipient. The Contractor will then be released from further obligation except as required by the warranties specified elsewhere in the contract. Architect's Duties, Responsibilities, and Authority. A. The Architect for this contract, if any, shall be designated in writing by the Owner's AHCDD and the Grant Recipient. B. The Architect shall serve as the Owner's AHCDD's technical representative with respect to architectu~al, engineering, and design matters related to the work performed under the contract. The Architect, when Page 402-2 AHCDD Form 402 (Rev. 05/07) I I I I I I I I I I I I 4. I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COBG #08031 C. requested by Owner's AHCDD, may provide direction on contract performance. Such direction shall be within the scope of the contract and may not be of a nature which: (1.) (2.) (3.) (4.) (5.) Institutes additional work outside the scope of the contract; Constitutes a change as defined in the "Changes" clause of this contract; Causes an increase or decrease in the cost of the contract; .. Alters the Construction Progress Schedule; or Changes any of the other express terms or conditions of the contract. 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 Owner's AHCDD, which shall include all observed deficiencies. The Architect shall file a copy of the report with the Contractor's designated representative at the site; Making modifications in drawings and technical specifications and assisting Owner's AHCDD in the preparation of change orders and other contract modifications for issuance by Owner's AHCDD; Reviewing and making recommendations with respect to: the Contractor's construction progress schedules; the Contractor's shop and detailed drawings; the machinery, mechanical and other equipment and materials or other articles proposed for use by the Contractor. Assisting in inspections, signing Certificates of Completion,' and making recommendations regarding acceptance of work completed under the contract. (2.) (3.) (4.) (5.) (6.) (7.) Other Contracts: The Owner's AHCDD or the Grant Recipient 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 Owner's AHCDD. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor. Page 402-3 AHCDD Form 402 (Rev. 05/07) I I 1 11. I I 1 2. I I I I I I I I 3. 1 I 1 I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 CONSTRUCTION REQUIREMENTS Pre-construction Conference and Notice to Proceed. A. After the Notice of Award has been issued, but prior to the contract execution, the Contractor shall attend a pre-construction conference with representatives of the Grant Recipient, Owner's AHCDD, its Architect, and other interested parties convened by Owner's AHCDD. The conference will serve to acquaint the participants with the general plan of the construction operation and all other requirements of the contract. Owner's AHCDD will provide all parties with the date, time, and place of the conference. B. The Contractor shall begin work upon receipt of a written Notice to Proceed from Owner's AHCDD. The Contractor shall not begin work prior to receiving such notice. Construction Progress Schedule. A. The Contractor shall, within three (3) business days after the pre-construction conference or another period of time determined by Owner's AHCDD, prepare and submit to Owner's AHCDD three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring labor, materials, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, Owner's AHCDD may withhold approval of progress payr:nents or take other remedies under the contract until the Contractor submits the required schedule. B. The Contractor shall enter the actual progress on the chart as required by Owner's AHCDD, and immediately deliver three copies of the annotated schedule to Owner's AHCDD. If Owner's AHCDD determines,. upon the basis of inspection conducted pursuant to the clause entitled "Inspection and Acceptance of Construction", herein that the Contractor is not meeting the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by Owner's AHCDD, without additional cost to Owner's AHCDD or the Grant Recipient. In this circumstance, Owner's AHCDD may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as Owner's AHCDD deems necessary to demonstrate how the approved rate of progress will be regained. C. Failure of the Contractor to comply with the requirements of Owner's AHCDD under this clause shall be grounds for a determination by Owner's AHCDD that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the Contract. Upon making this determination, Owner's AHCDD may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the "Default" clause of this contract. 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 conformati.on and conditions .of the gro~nd; and (5.) the character of equipment and facilities needed preliminary to and during work performance. Page 402-4 AHCDD Form 402 (Rev. 05/07) I I I I I I I 4. I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 5. B. C. 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 Owner's AHCDD, as well as from any drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or from proceeding to successfully perform the work without additional expense to Owner's AHCDD or the Grant Recipient. Owner's AHCDD assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by Owner's AHCDD. Nor does Owner's AHCDD assume responsibility for any understanding reached or representation made concerning conditions that can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract. Differing Site Conditions. A. B. C. D. The Contractor shall, within two (2) business days of discovery, and before the conditions are disturbed, give a written notice to Owner and the Architect of: (1.) (2.) subsurface or latent physical conditions at the site which differ from those indicated in this contract; or 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. A. B. Owner's AHCDD and the Architect shall investigate the site conditions promptly after receiving the notice. Work shall not proceed at the affected site, except at the Contractor's risk, until Owner's AHCDD has provided written instructions to the Contractor. If the conditions materially differ and cause an increase or decrease in the Contractor's cost or the time required for performing any part of the work under this contract, whether or not changed as a result of the conditions, Owner's AHCDD will make an equitable adjustment in the contract price, the delivery schedule, or both under this clause and the contract modified in writing accordingly. No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed above for giving written notice may be extended by Owner's AHCDD. 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. Specifications and Drawings for Construction. The Contractor shall keep on the work site a copy of the drawings and specifications and at all times give access to Owner's AHCDD and the Architect. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Architect, who will make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Architect shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided. 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 I~prescription", of Owner's AHCDD is intended. Similarly the words "approved," "acceptable," Page 402-5 I .-fCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COBG #08031 "satisfactory," or like words shall mean "approved by," or "acceptable to," or "satisfactory to" Owner's AHCDD, 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." I I I I I I I I I I I I I I D. "Shop drawings" means drawings, s!lbmitted to the Architect by the Contractor, subcontractor, or any lower tier subcontractor, showing in detail: (1.) the proposed fabrication and assembly of structural elements; and (2.).' the installation (Le., form, fit, and attachment details) of materials of equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract. Owner's AHCDD may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. E. The Contractor shall submit to the Architect for approval one reproducible and one opaque copy (unless otherwise noted) and to AHCDD for record one opaque copy of all shop drawings as called for under the various headings of these specifications. Deliver the submittal by such method as to assure receipt within two days of sending. Notify the Architect via facsimile on the day the submittal is sent. F. If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with other contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Architect without evidence of the Contractor's approval may be returned for re-submission. Owner's AHCDD and the Architect will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the reasons therefore. Any work done before such approval shall be at the Contractor's risk. Approval by Owner's AHCDD and the Architect shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with paragraph 9G below. G. If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Architect approves any such variation and Owner's AHCDD concurs, Owner's AHCDD shall issue an appropriate modification to the contract. If the variation is minor or does not involve a change in price or in time of performance, however,a modification need not be issued. H. It shall be the responsibility of the Contractor to make timely requests of the Architect for such large scale and full size drawings, color schemes, and other additional information, not already in his possession, which shall be required in the planning and production of the work. Such requests may be submitted as the need arises, but each such request shall be filed in ample time to permit appropriate action to be taken by all parties involved, so as to avoid delay. I. The Contractor shall submit to the Architect for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. One set (unless otherwise indicatedYof all shop drawings will be retained by Owner's AHCDD, the Architect, and the Grant Recipient, and one set will be returned to the Contractor. As required by Owner's AHCDD, the Contractor, upon completing work under this contract, shall furnish a complete set of all shop drawings as finally approved. These drawings shall show all changes and revisions made up to the time the work is completed and accepted. J. This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the Contractor to ensure that all shop drawings prepared by subcontractors are submitted to the Architect. Page 402-6 AHCDD Form 402 (Rev. 05/07) I I I I I I I I I I I 7. I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 K. L. The Contractor shall provide with each submittal for approval a certificate attesting 'that the products or materials to be supplied are: (1.) (2.) (3.) currently and readily available; not obsolete or discontinued; and not to be discontinued or deleted from the supplier or manufacturers stock within the next calendar year. Layouts and Floor Plans provided by Owner's AHCDD are diagrammatic only and are intended to illustrate the general intentions of Owner's AHCDD only. They do not show all the work required, exact dimensions, or construction details. 6. As-Built Drawings. A. B. C. "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." Within 5 days of notification of substantial completion, the Contractor shall provide the Architect accurate information to be used in the preparation of permanent as-built drawings. For this purpose, the Contractor shall record on one set of contract drawings all changes from the installations originally indicated, and record final locations of underground lines by depth from finish grade and by accurate horizontal offset distances to permanent surface improvements such as buildings, curbs, or edges of walks. No final payment will be made to the contractor until the Architect has received accurate information to be used in the preparation of permanent as-built drawings. This clause shall be included in all subcontracts. It shall be the responsibility of the Contractor to ensure that all as-built drawings prepared by subcontractors are submitted to the Architect. Material and Workmanship. A. B. 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 Owner's AHCDD and the Architect, is equal to that named in the specifications, unless otherwise specifically provided in this contract. Approval of equipment and materials: (1.) The Contractor shall obtain Owner's AHCDD and Architect approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Architect the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by Owner's AHCDD, the Contractor shall also obtain Owner's AHCDD and Architect approval of the material or articles that the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (2.) When required by the specifications or Owner's AHCDD, the Contractor shall submit appropriately marked samples (and certificates related to them) for approval at the Contractor's expense, with all Page 402-7 AHCDD Form 402 - (Rev. 05/07) - I I I I I I I 18. I I I I 9. I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08Q31 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 Owner's AHCDD or the Grant Recipient's right to demand full compliance with contract requirements. Materials, equipment, and accessories may be rejected for cause even though samples have been approved. D. Wherever materials are required to comply with recognized standards or specifications, such specifications shall be accepted as establishing the technical qualities and testing methods, but shall not govern the number of tests required to be made nor modify other contract requirements. Owner's AHCDD may require laboratory test reports on items submitted for approval or may approve materials on the basis of data submitted in certificates with samples. Check tests will be made on materials delivered for use only as frequently as Owner's. AHCDD determines necessary to insure compliance of materials with the specifications. The Contractor will assume all costs of re-testing materials that fail to meet contract . requirements and/or testing materials offered in substitution for those found deficient. E. After approval, samples will be kept on the job site until completion of work. They may be built into the work after a substantial quantity of the materials they represent has been built in and accepted. F. Prohibition against use of lead-based paint. The Contractor shall comply with the prohibition against the use of lead-based paint contained in the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) as implemented by 24 CFR Part 35. Permits, Licenses, and Codes. A. The Contractor shall give all notices and comply with applicable laws, ordinances, codes, rules, and regulations. Notwithstanding the requirement of the Contractor to comply with the drawings and specifications in the contract, work shall comply with all applicable codes and regulations as amended by any waivers. Before beginning the work, the contractor shall examine the drawings and specifications for compliance with all applicable ordinances and codes bearing on the work and shall immediately report any discrepancy it may discover to Owner's AHCDD and the Architect. Where requirements of the drawings and specifications fail to comply with such applicable ordinances or codes for the new or replaced work, Owner's AHCDD will adjust the contract by change order pursuant to"the clause entitled "Changes" herein to conform to such ordinances or codes, unless waivers in writing covering the difference have been granted by proper authority. B. The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work, whether or not covered by the specifications and drawings for the work. Health, Safety, and Accident Prevention. A. In performing this contract, the Contractor shall: (1.) Ensure that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and/or safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation; (2.) Protect the lives, health, and safety.of other persons; Page 402-8 AHCDD Form 402 (Rev.05/0?) I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT. GENERAL CONDITIONS Project #: COBG #08031 (3.) Prevent damage to property, materials, supplies, and equipment; and, (4.) Avoid work interruptions. B. For these purposes, the Contractor shall: (1.) .~omply with regulations and standards issued by the Secretary of L.abor at 29CFR 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. O. Owner's AHCDD shall notify the Contractor of any non-compliance with these requirements and of the corrective action required. This notice, when delivered to the Contractor or the Contractor's representative at the site of the work, shall be deemed sufficient notice of the non-compliance and corrective action required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to take corrective action promptly, Owner's AHCDD may issue an order stopping all or part of the . work until satisfactory corrective action has been taken. The Contractor shall not base any claim or request for equitable adjustment for additional time or money on any stop order issued under these circumstances. E. . The Contractor shall be responsible for his subcontractors' compliance with the provisions of this clause. The Contractor shall take such action with respect to any subcontract as Owner's AHCDD, the Secretary of Housing and Urban Development, or the Secretary of Labor shall direct as a means of enforcing such provisions. 10. Temporary Heating. The Contractor shall provide and pay for temporary heating, covering, and enclosures necessary to properly protect all work and materials against damage by dampness and cold, to dry out the work, and to facilitate the completion of the work. Any permanent heating equipment used shall be turned over to the Grant Recipient in the condition and at the time required by the specifications. 11. Availability and Use of Utility Services. A. The Grant Recipient 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 Grant Recipient. The Contractor shall carefully conserve any utilities furnished without charge. B. The Contractor, at its expense and in a manner satisfactory to Owner's AHCDD, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Owner's AHCDD and the Grant Recipient, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia. 12. Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. A. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed under this contract, and which do not . unreasonably interfere with the work required under this contract. Page 402-9 AHCDD Form 402 (Rev. 05/07) I I I I I I I I I I I I I I 13. I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COBG #08031 B. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during performance of this contract, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by Owner's AHCDD. 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. 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. 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. 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. No structural members shall be altered or in any way weakened without the written authorization of Owner's AHCDD and the Architect, unless such work is clearly specified in the plans or specifications. 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, butin 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. .. . The Contractor shall give all required notices to any adjoining or adjacent property Grant Recipient or other party before the commencement of any work. . The Contractor shall indemnify and save harmless Owner's AHCDD, the Architect, and the Grant Recipient 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 Owner's AHCDD, the Architect, or the Grant Recipient may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. 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, Owner's AHCDD may have the necessary work performed and charge the cost to the Contractor. C. D. E. F. G. H. I. J. K. 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 Owner's AHCDO and the Grant Recipient and shall be built with labor and materials furnished by the Contractor without expense to Owner's AHCOD or the Grant Recipient. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed at the Contractor's expense upon completion of the work. With the written consent of Owner's AHCDD and the Grant Recipient, the buildings and utilities may be abandoned and need not be removed. B. The Contractor shall, as directed by Owner's AHCDD, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by Owner's AHCDD. 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 Page 402-10 I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev.05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT. GENERAL CONDITIONS Project #: CDBG #08031 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 Owner's AHCDD if a facility the Contractor intends to use in the performance of this contract is on the EPA List of Violating Facilities or the Contractor knows that it has been recommended to be placed on the List; (3.) Comply with all requirements of the Air Act and the Water Act, including requirements of Section 114 of the Air Act and Section 308 of the Water Act, and all applicable clean air and clean water standards; and, (4.) Include or cause to be included the provisions of this clause in every subcontract, and take such action as HUD may direct as a means of enforcing such provisions. 15. Energy Efficiency. The Contractor shall comply with all standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163) for the State of Georgia. 16. Inspection and Acceptance of Construction. A. Definitions. As used in this clause: (1.) "Acceptance" means the act of Owner's AHCDD by which Owner's AHCDD and the Architect approve and the Grant Recipient assumes ownership of the work performed under this contract. Acceptance may be partial or complete. (2.) "Inspection" means examining and testing the work performed under the contract (including, when appropriate, raw materials, equipment, components, and intermediate assemblies) to determine whether it conforms to contract requirements. (3.) "Testing" means that element of inspection that determines the properties or elements, including functional operation of materials, equipment, or their components, by the application of established scientific principles and procedures. B. The Contractor shall maintain an adequate quality control system and will ensure that the work performed under the contract conforms to contract requirements. All work is subject to inspection and test by Owner's AHCDD and the Architect at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. If Owner's AHCDD requires the contractor to work overtime, on weekends or on holidays, the contractor must first notify Owner's AHCDD in writing of the overtime schedule. If Owner's AHCDD determines it necessary to have Owner's AHCDDor Architect staff present or on call during the contractor's overtime, the contractor shall reimburse Owner's AHCDD or the Architect for the staff Page 402-11 - I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 AHCDD Form 402 (Rev. 05/07) costs at time and half the regular staff rate. Should the contractor fail to reimburse Owner's AHCDD by the next progress payment requested by the contractor, Owner's AHCDD shall deduct such reimbursement from the contractor's next progress payment. C. Owner's AHCDD and Architect inspections and tests are for the benefit of Owner's AHCDD and the Grant Recipient and do not: . .. (1.) (2.) (3.) (4.) relieve the Contractor of responsibility for providing adequate quality control measures; relieve the Contractor of responsibility for loss or damaged material before acceptance; constitute or imply acceptance; or, affect the continuing rights of the Grant Recipient after acceptance of the completed work under paragraph J below. D. The presence or absence of Owner's AHCDD or the Architect does not relieve the Contractor from any contract requirement, nor is he authorized to change any term or condition of the specifications without Owner's AHCDD's written authorization. AHCDD shall give all instructions and approvals with respect to the work to the Contractor. E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by Owner's AHCDD. Owner's AHCDD may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for. inspection or test, or when prior rejection makes re- inspection or retest necessary. Owner's AHCDD shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract. F. Owner's AHCDD and the Architect may conduct routine inspections of the construction site on a daily basis. . G. The Contractor shall, without charge, replace or correct work found by Owner's AHCDD or the Architect not to conform to contract requirements, unless Owner's AHCDD decides that it is in their interest or that of the Grant Recipient to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises. H. If the Contractor does not promptly replace or correct rejected work, Owner's AHCDD may: (1.) by contract or otherwise, replace or correct the work and charge the cost to the Contractor; (2.) terminate for default the Contractor's right to proceed, I I I I I I I. If any work requiring inspection is covered up without approval of Owner's AHCDD, it must, if requested by Owner's AHCDD, be uncovered at the expense of the Contractor. If at any time before final acceptance of the entire work, Owner's AHCDD considers it necessary or advisable to examine work already.completed by removing or tearing it out, the Contractor shall, on request, promptly furnish all necessary facilities, labor, and material. If such work is found to be defective or non-conforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray all the expenses of the examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the contract, Owner's AHCDD shall make an equitable adjustment to cover the cost of the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time. J. The Contractor shall notify Owner's AHCDD and the Architect as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If Owner's AHCDD and the Architect determine that the state of preparedness is as represented, the inspection will be completed promptly. Unless otherwise specified in the contract, Owner's AHCDD shall accept, as soon as Page 402-12 . I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COBG #08031 AHCDD Form 402 (Rev. 05/07) practicable after completion and inspection, all work required by the contract or that portion of the work Owner's AHCDD and the Architect determine and designate can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Grant Recipient's right under any warranty or guarantee. K. Use and Possession Prior to Completion. L. The Grant Recipient shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Architect shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Grant Recipient intends to take possession of or use. However, failure of AHCDD or the Architect to list any item of. work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Grant Recipient's possession or use shall not be deemed an acceptance of any work under the contract. M. While the Grant Recipient 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 Grant Recipient'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. N. If prior possession or use by the Grant Recipient 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 thecontract shall be modified in writing accordingly. 17. 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. 18. 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 Grant Recipient 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 Grant Recipient takes possession. B. The Contractor shall remedy, at the Contractor's expense, any failure to conform, or any defect. In addition, the Contractor shall remedy, at the Contractor's expense, any damage to the Grant Recipient'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. Page 402-13 I AHCDD Form 402 (Rev. 05/07) 1 1 1 1 I I I 1 I I I I I 11. I I I 13.. I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 19. D. The Grant Recipient shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. E. If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, AHCDD shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. 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.) (2.) (3.) obtain all warranties that would be given in normal commercial practice; require all warranties to be executed in writing, for the benefit of the Grant Recipient; and, enforce all warranties for the benefit of the Grant Recipient. G. In the event the Contractor's warranty under this clause has expired, the Grant Recipient may bring suit at its own expense to enforce a subcontractor, manufacturer, or supplier warranty. H. Unless a defect is caused by the negligence of the Contractor or subcontractor at any tier, the Contractor shall not be liable for the repair of any defective material furnished by the Grant Recipient, nor for the repair of any damage that results from any defect in. Grant Recipient furnished material. I. Notwithstanding any provisions herein to the contrary, the establishment of the time periods in paragraphs A and C above relate only to the specific obligation of the Contractor to correct the work, and have no relationship to the time within which his obligation to comply with the contract may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to its obligation other than specifically to correct the work. J. This warranty shall not limit the Grant Recipient's rights under the "Inspection and Acceptance of Construction" clause of this contract with respect to latent defects, gross mistakes or fraud. Prohibition Against Liens. The Contractor is prohibited from placing a lien on the property of AHCDO or the City of Augusta, or it's officers or agents. This prohibition shall apply to all subcontractors at any tier and all material suppliers. ADMINISTRATIVE REQUIREMENTS 2. Contract Period. The Contractor shall complete all work required under this contract within the time schedule established in the Notice to Proceed issued by AHCDD. 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. Payments to Contractor. Page 402-14 - I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project#: CDBG #08031 A~ Payments to the Contractor will be made by AHCDD on behalf of the Grant Recipient. AHCDD shall pay the Contractor the price as provided in this contract. . B. Before any payment is made, an inspection by an AHCDD Rehabilitation Inspector and the Architect must be performed. AHCDDshall make progress payments approximately every 30 days on the AHCDD-determined value of work accomplished that meets the standards of quality established under the contract, as approved by AHCDD and the Architect. AHCDD may, with the approval of the Director, make more frequent payments to contractors that are qualified small businesses. C. Before the first progress payment under this contract, the Contractor shall furnish, in such detail as requested by AHCDD, a breakdown of the total contract price showing the amount for each principal category of the work, which shall substantiate the payment requested and provide a basis for determining progress payments.' The breakdown shall be approved by AHCDD. If the contract covers more than one project, the Contractor shall furnish a separate breakdown for each, The values and quantities employed in making up this breakdown are for determining the amount of progress payments and shall not be construed as a basis for additions to or deductions from the contract price. D. The Contractor shall submit, on forms provided by AHCDD, requests for payment showing the value of the work performed during the period based upon the approved breakdown of the contract price. Such payment requests shall be submitted only for work completed during that period and are subject to correction and revision as required. AHCDD, the Architect, and the Grant Recipient must approve the estimates prior to payment. If the contract covers more than one project, the Contractor shall furnish a separate progress payment estimate for each. E. The AHCDD payment request shall include the following certification, which shall be signed by the Contractor, or payment shall not be made: "I hereby certify, to the best of my knowledge and belief, that: (1.) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract; . (2.) Payments to subcontractors and suppliers have been made from previous payments received under the contract, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements; and, (3.) This request for progress payments does not include any amounts that the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract." F. Except as otherwise provided in State law, AHCDD shall retain ten (10) percent of the amount of progress payments until completion and acceptance of all work under the contract; except, that if upon completion of 50 percent of the work, AHCDD, after consulting with the Architect, determines that the Contractor's performance and progress are satisfactory, AHCDD may make the remaining payments in full for the work subsequently completed. If AHCDD and the Architect subsequently determine that the Contractor's performance and progress are unsatisfactory, AHCDD shall reinstate the ten (10) percent retainage until such time as AHCDD and the Architect determine that performance and progress are satisfactory. G. AHCDD may authorize material delivered on the site and preparatory work already completed to be taken into consideration when computing progress payments. Material delivered to the Contractor at locations other than the site may also be taken into consideration if the Contractor furnishes satisfactory evidence that: (1.) it has acquired title to such material; (2.) the material is properly stored in a bonded warehouse, storage yard, or similar suitable place as may be approved by AHCDD; (3.) the material is insured to cover its full value; and (4.) the material will be used to perform this contract. Page 402-15 AHCDD Form 402 (Rev. 05/07) I I I I I I I I I I I I I I I I 4. I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COBG #08031 H. Before any progress payment that includes delivered material is made, the Contractor shall. furnish such documentation as AHCDD may require assuring the protection of the Grant Recipient's interest in such materials. The Contractor shall remain responsible for such stored material notwithstanding the transfer of title to the Grant Recipient. . I. All material and work covered by progress payments made shall, at the time of payment become the sole property of the Grant Recipient, but this shall not be construed as: (1.) relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or t~e restoration of any damaged work; or, waiving the right of the Grant Recipient to require the fulfillment of all of the terms of the contract. (2.) J. In the event the Contractor's work has been damaged by other contractors or persons other than employees of AHCDD, the Architect, or the Grant Recipient in the course of their employment, the Contractor shall restore such damaged work without cost to AHCDD or the GrantRecipient and seek redress for its damage only from those who directly caused it. K. AHCDD shall make the final payment due the Contractor under this contract after: (1.) (2.) completion and final acceptance of all work; and presentation of release of all claims against AHCDD or the Grant Recipient arising by. virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. Each such exception shall embrace no more than one claim, the basis 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. Prior to making any payment, AHCDD may require the Contractor to furnish receipts or othe( evidence of payment from all persons performing work and supplying material to the Contractor, if AHCDD determines such evidence is necessary to substantiate claimed costs. M. 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.GA Section 13-11-1, et seq. In the event any provision of this agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this agreement shall control. o. AHCDD shall not: (1.) determine or adjust any claims for payment or disputes arising thereunder between the Contractor and its subcontractors or material suppliers; or, (2.) withhold any money for the protection of the subcontractors or material suppliers. The failure or refusal of AHCDD to withhold money from the Contractor shall in nowise impair the obligations of any surety or sureties under any bonds furnished under this contract. Contract Modifications. A. Only AHCDD has authority to modify any term or condition of this contract. Any contract modification shall be authorized in writing. B. AHCDD may modify the contract unilaterally: Page 402-16 I I I I I I I I I. I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COBG #08031 AHCDD Form 402 (Rev. 05/07) (1.) pursuantto a specific authorization stated in a contract clause (e.g., Changes); or (2.) for administrative matters which do not change the rights or responsibilities of the parties (e.g., changes in addresses). All other contract modifications shall be in the form of supplemental agreements signed by AHCDD, the Contractor, and the Grant Recipient 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 Grant Recipient's approved threshold), modification shall not be effective until the required approval is received by AHCDD. 5. Changes. A. AHCDD may at any time, without notice to the sureties, by written order indicated to be a change order, make changes in the work within the general scope of the contract including changes: (1.) in the specifications (including drawings and designs); (2.) in the method or manner of performance of the work; (3.) Grant Recipient furnished facilities, equipment, materials, services, or site; or, (4.) directing the acceleration in the performance of the work. B. Any other written order or oral order (which, as used in this paragraph, includes direction, instruction, interpretation, or determination) from AHCDD that causes a change shall be treated as a change order; provided, that the Contractor gives AHCDD 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 AHCDD shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment. O. If any change under this clause causes an increase or decrease in the Contractor's cost or the time required for the performance of any of the work under this contract, whether or not changed by any such order, AHCDD shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no proposal for any change under paragraph B above shall be allowed for any costs incurred more than 20 days (5 days for oral orders) before the Contractor gives written notice as required. In the case of defective specifications for which AHCDD or the Architect is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications. E. The Contractor must assert its right to an adjustment under this clause within 30 days after: (1.) receipt of a written change order under paragraph A of this clause; or (2.) the furnishing of a written notice under paragraph B of this clause, by submitting a written statement describing the general nature and the amount of the proposal. F. If the facts justify it, AHCDO 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: Page 402-17 AHCDD Form 402 (Rev. 05/07) I I I I I I I I I I I I 6. I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 . H. (1.) Direct Costs. Materials (list individual items, the quantity and unit cost of each, and the aggregate cost); Transportation and delivery costs associated with materials; Labor breakdowns by hours or unit costs (identified with specific work to be performed); Construction equipment exclusively necessary for the change; Costs of preparation and/or revision to shop drawings resulting from the change; Worker's Compensation and Public Liability Insurance; Employment taxes under FICA and FUTA; and, Bond Costs - when size of change warrants revision. (2.) Indirect Costs. Indirect costs may include overhead, general and administrative expenses, and fringe benefits not normally treated as direct costs. (3.) Profit. The amount of profit shall be negotiated and may vary according to the nature, extent, and complexity of the work required by the change. 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. 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. AHCDD shall act on proposals within 30 days after their receipt, or notify the Contractor of the date when such action will be taken. 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. . Except in an emergency endangering life or property, no change shall be made by the Contractor without a prior order from AHCDD. I. J. K. L. Suspension of Work. A. AHCDD may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that AHCDD determines appropriate for'the convenience of AHCDD or the Grant Recipient. B. If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted: (1.) (2.) By an act of AHCDD in the administration of this contract; or By AHCDD's failure to act within the time specified in this contract (orwithin 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. Page 402-18 I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COBG #08031' c. A claim under this clause shall not be allowed: (1.) For any costs incurred more than 20 days before the Contractor shall have notified AHCDD in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and, (2.) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract 7. Disputes. A. "Claim," as used in this clause, means a written demand or assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract A claim arising under the contract, unlike a claim relating to the contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted tOj3 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 AHCDO for a written decision. A claim by the Grant Recipient. against the Contractor shall be subject to a written decision by AHCDD. All claims by the Contractor shall be made in writing and submitted to AHCDD for a written decision. O. AHCDD shall, within 60 days after receipt of the request, decide the claim or notify the Contractor of the date by which the decision will be made. E. AHCDD's decision shall be final unless the Contractor: (1.) appeals in writing to the AHCDD Direc~or in accordance with AHCDD's policies and procedures; (2.) refers the appeal to the County Administrator for independent mediation or arbitration in accordance with AHCDD'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 AHCDD's decision. G. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of AHCDD. . 8. Default. A. AHCDD may deClare the Contractor in default by written notice thereof to the Contractor, and terminate the whole or any part of this Contract for any of the following reaso'ns: Page 402-19 I - I I I I I I I I I I I I I I I I I I I AHCOD Form 402 (Rev.05/0?) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COBG #08031 (1.) Failure tobegin work within the time specified in the Contract or as otherwise specified; (2.) Failure to perform the work with sufficient labor, equipment, or material to insure the completion of the specified work in accordance with the Contract terms; (3.) Unsatisfactory performance of the work; (4.) Failure or refusal to remove material, or remove and replace any work rejected as defective or unsatisfactory; (5.) Discontinuance of work without approval; (6.) Failure to resume work, which has been discontinued, within a reasonable time after notice to do so; (7.) Insolvency or bankruptcy; (8.) Assignmentmade for the benefit of creditors; (9.) Failure or refusal within 10 days after payment by AHCDD or upon written notice by AHCDD, to make payment or show cause why payment should not be made, of any amounts due for materials furnished, labor performed, equipment rentals, or utility services rendered; (10.) Failure to protect, to repair, or to make good any damage or injury to property; or (11.) Breach of any provision of this Contract. B. In the event that AHCDD terminates this Contract in whole or in part as provided in Subparagraph A above, AHCDD may procure, upon such terms and in such manner as it determines, services similar or identical to those so terminated, and the Contractor shall be liable to AHCDD for any reasonable excess costs for such similar or identical services included within the terminated part of the Contract. c. If the Contract is terminated as provided in Subparagraph A above, AHCDD, in addition to any other rights provided in this paragraph, may require the Contractor to transfer title and deliver immediately to the Grant Recipient in the manner and to the extent directed by AHCDD, such partially completed work, including, where applicable, reports, working papers and other documentation, as the Contractor has specifically produced or specifically acquired for the performance of such part of the Contract as has been terminated. Payment for completed work accepted by AHCDD shall be at the Contract price. Except as provided below, payment for partially completed work including reports and working papers, delivered to and accepted by AHCDD shall be in an amount agreed upon by the Contractor and AHCDD. AHCDD may withhold from amounts otherwise due the Contractor for such completed or partially completed works, such sum as AHCDD determines to be necessary to protect AHCDD and the Grant Recipient against loss. O. The rights and remedies of AHCDD provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. E. AHCDD failure to exercise any rights or remedies provided in this paragraph shall not be construed to be a waiver by AHCDD of its rights and remedies in regard to the event of default or any succeeding event of default. F. The Contractor's right to proceed shall not be terminated or the Contractor charged with damages under this clause if the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: (1.) acts of God, or of the public enemy; (2.) acts of the Grant Recipient, AHCDD, or other governmental entity in either its sovereign or contractual capacity; . (3.) acts of another contractor in the performance of a contract with AHCDD or the Grant Recipient; Page 402-20 I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 (4.) fires; (5.) floods; (6.) epidemics; (7.) quarantine restrictions; (8.) strikes; (9.) freight embargoes; (10.) . unusually severe weather; or (11.) delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers. G. The Contractor, within 10 days from the beginning of such delay (unless extended by AHCDD) must notify AHCDD in writing of the causes of delay. AHCDD shall ascertain the facts and the extent of the delay. If, in the judgment of AHCDD, the findings of fact warrant such action, time for completing the work shall be . extended by written modification to the contract. The findings of AHCDD shall be reduced to a written decision that shall be subject to the provisions of the "Disputes" clause of this contract. H. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been for convenience of AHCDD and the Grant Recipient. 9. Liquidated. Damages. A. If the Contractor fails to complete the work within the time specified in the contract, or any extension, as specified in the clause entitled "Default" of this contract, the Contractor shall pay to the Owner, as liquidated damages, the sum of $100.00 for each day of delay. If different completion dates are specified in the contract for separate parts or stages of the work, the amount of liquidated damages shall be assessed on those parts or stages which are delayed. To the extent that the Contractor's delay or nonperformance is excused under another clause in this contract, liquidated damages shall not be due the Grant Recipient. The Contractor remains liable for damages caused other than by delay. B. If AHCDD terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned AHCDD in completing the work. c. If AHCDD does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted. 10. Termination for Convenience. A. AHCDD may terminate this contract in whole, or in part, whenever AHCDD determines that such termination is in the best interest of AHCDD and the Grant Recipient. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which the performance of the work under the contract is terminated, and the date upon which such termination becomes effective. B. If the performance of the work is terminated, either in whole or in part, AHCDD and the Grant Recipient shall be liable to the Contractor for reasonable and proper costs resulting from such termination upon the receipt by AHCDD of a properly presented claim setting out in detail: (1.) the total cost of the work performed to date of termination less the total amount of contract payments made to the. Contractor; Page 402-21 AHCDD Form 402 (Rev. 05/07) I I I I I I I 11. I I I I I I I C. D. AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 (2.) the cost (including reasonable profit) of settling and paying claims under subcontracts and material orders for work performed and materials and supplies delivered to the site, payment for which has not been made by AHCDD to the Contractor or by the Contractor to the subcontractor or supplier; the cost of preserving and protecting the work already performed until the Grant Recipient or assignee takes possession thereof or assumes responsibility therefor; the actual or estimated cost of legal and accounting services reasonably necessary to prepare and present the termination claim to AHCDD; and . an amount constituting a reasonable profit on the value of the work performed by the Contractor. (3.) (4.) (5.) AHCDD will act on the Contractor's claim within 60 days of receipt of the Contractor's claim. Any disputes with regard to this clause are expressly made subject to the provisions of the "Disputes" clause of this contract. Assignment of Contract. A. B. C. D. E. F. G. Subject to the terms and conditions of this Contract, this Contract shall be binding upon the parties and their respective successors and assigns. The Contractor shall not subcontract with any person or entity to perform all or any part of the work to be performed under this Contract without the prior written consent of AHCDD, which consent may be withheld at the sole and absolute discretion of AHCDD. The Contractor may not assign, in whole or in part, this Contract or its rights, duties, obligations, or responsibilities hereunder without the prior written consent of AHCDD, which consent may be withheld at the sole and absolute discretion of AHCDD. . The Contractor may not, without the consent of AHCDD, assign its rights to payment to be received under the Contract. 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 Grant Recipient's 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. Any assignment consented to by AHCDD shall be evidenced by a written assignment agreement executed by the Contractor and its assignee in which the assignee agrees to be legally bound by all of the terms and conditions of the Contract and to assume the duties, obligations, and responsibilities being assigned. A change of name by the Contractor, following which the Contractor's federal tax identification number remains unchanged, shall not be considered to be an assignment hereunder. The Contractor shall give AHCDD written notice of any such change of name. 12. Insurance and Bonds. A. Before commencing work, the Contractor and each subcontractor shall furnish AHCDD with certificates of insurance showing the following insurance is in force and will insure all operations under the Contract: I (1.) (2.) Workers' Compensation, in accordance with State of Georgia Workers' Compensation laws. Commercial General Liability with a combined single limit for bodily injury and property damage of not less than $1,000,000 per occurrence to protect the Contractor and each subcontractor against claims for bodily injury or death and damage to the property of others. This shall cover the' use of all Page 402-22 I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COBG #08031 AHCDD Form 402 (Rev. 05/07) equipment, hoists, and vehicles on the site(s) not covered by Automobile Liability under (3) below. If the Contractor has a "claims-made" policy, then the following additional requirements apply: the policy must provide a "retroactive date" which must be on or before the execution date of the Contract; and the extended reporting period may not be less than five years following the completion date of the Contract. (3.) Automobile Liability on owned and non-owned motor vehicles used on the site(s) or in connection therewith for a combined single limit for bodily injury and property damage of not less than $1,000,000 per occurrence. B. Before commencing work, the Contractor shall furnish AHCDD with a certificate of insurance evidencing that Builder's Risk (fire and extended coverage) Insurance on all work in place and/or materials stored at the building site(s), including foundations and building equipment, is in force. The Builder's Risk Insurance shall be for the benefit of the Contractor and the Grant Recipient as their interests may appear and each shall be named in the policy or policies as an insured. The Contractor in installing equipment supplied by the Grant Recipient shall carry insurance on such equipment from the time the Contractor takes possession thereof until AHCDD and the Grant Recipient accept the Contract work. The Builder's Risk Insurance need not be carried on excavations, piers, footings, or foundations until such time as work on the superstructure is started. It need not be carried on landscape work. Policies shall furnish coverage at all times for the full cash value of all completed construction, as well as materials in place and/or stored at the site(s), whether or not partial payment has been made by AHCDD. The Contractor may terminate this insurance on buildings as of the date taken over for occupancy by the Grant Recipient. The Contractor is not required to carry Builder's Risk Insurance for modernization work that does not involve structural alterations or additions and where the Grant Recipient's existing fire and extended coverage 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.1 00% 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. O. The Contractor shall furnish copies of all insurance certificates to AHCDD before commencing with the work, showing evidence of coverage and naming as additional insured to the policies the Grant Recipient, including their respective Commissioners, Board Members, Officers, Agents and Employees, individually and collectively. The contractor shall not be allowed to commence work until the required certificates are provided to AHCDD. Additionally, should the insurance become ineffective or lapse during construction, AHCDD shall require. the contractor to cease work until such time as the contractor submits proof of insurance in compliance with the requirements of this contract. If such suspension of work is necessary, the contractor shall not be entitled to addition time to complete the work. E. All insurance shall be carried with companies that are financially responsible and admitted to do business in the State of Georgia. If any such insurance is due to expire during the construction period, the Contractor (including subcontractors, as applicable) shall not permit the coverage to lapse and shall furnish evidence of coverage to AHCDD. All certificates of insurance, as evidence of coverage, shall provide that no coverage may be canceled or non-renewed by the insurance company until at least 30 days prior written notice has been given to AHCDD. 13. Subcontracts. A. Definitions. As used in this contract: (1.) "Subcontract" means any contract, purchase order, or other purchase agreement, including modifications and change orders to the foregoing, entered into by a subcontractor to fumish supplies, materials, equipment, and services for the performance of the prime contract or a subconfract. Page 402-23 I I I I 1 I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COBG #08031 (2.) "Subcontractor"means any supplier, vendor, or firm that furnishes supplies, materials, equipment, and services for the performance of the prime contract or a subcontract. B. No subcontract for assignment of this contract shall be made without the written consent of AHCDD. C. The Contractor shall not enter into any subcontract with any subcontractor who has been denied participation in any AHCDD or HUD program or who has been suspended or debarred from participating in contracting programs by the City of Augusta, AHCDD, HUD, or any other agency of the United States Government or of the .State of Georgia. D. The Contractor shall be fully responsible for the acts or omissions of its subcontractors, and of persons either directly or indirectly employed by them as for the acts or omissions of persons directly employed by the Contractor. E. The Contractor shall insert appropriate clauses in all subcontracts to bind subcontractors to the terms and conditions of this contract insofar as they are applicable to the work of subcontractors. F. Nothing contained in this contract shall create any contractual relationship between any subcontractor and AHCDD or between any subcontractor and the Grant Recipient. 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. 115. 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; I Page 402-24 - I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COBG #08031 (b) upgrading; (c) demotion; (d) transfer; (e) recruitment or recruitment advertising; (f) layoff or termination; (g) rates of payor other forms of compensation; and (h) selection for training, including apprenticeship. B. The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by AHCDD that explain this clause. c. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or handicap. O. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by AHCDD advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. . E. The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. . F. The Contractor shall furnish all information and reports required by Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of a determination that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, or Federally assisted construction contracts under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. H. The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract or purchase order as the Secretary of Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. Page 402-25 AHCDD Form 402 (Rev. 05/07) - I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COSG #08031 16. Employment, Training, and Contracting Opportunities for Low-Income Persons, Section 3 of the Housing and Urban Development Act of 1968. . A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding; if any, a notice advising the labor organization or workers representative of the contractors commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where. both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 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, terminationofthis contract for default, and debarment or suspension from future HUD assisted contracts. G. In the event of a determination by AHCDD that the Contractor is not in compliance with this clause or any rule, regulation, or report submission requirements of AHCDD, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further AHCDD contracts. 17. Interest of Members of Congress. No member of or delegate to the Congress of the United States of America sh"all be admitted to any share or part of this contract or to any benefit that may arise therefrom. 18. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees. No member, officer, or employee of AHCDD, the Grant Recipient, no member of the governing body of the City of Augusta, and no other public official of the City of Augusta who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof. Page 402-26 AHCDD Form 402 (Rev. 05/07) I 1 119. I I I I I I I I 1 I I I I 20. 21. AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 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 (OM8 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, .Ioan, 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. 4508) are exempt from the requirements of this clause. . Royalties and Patents. The Contractor shall pay all royalties and license fees. It shall defend all suits or claims for infringement of any patent rights and shall save AHCDD and the Grant Recipient harmless from loss on account .thereof; except that AHCDD, the Architect, and the Grant Recipient shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified and the Contractor has no reason to believe that the specified design, process, or product is an infringement. If, however, the Contractor has reason to believe that any design, p"rocess or product specified is an infringement of a patent, the Contractor shall promptly notify AHCDD. Failure to give such notice shall make the Contractor responsible for resultant loss. Examination and Retention of Contractor's Records. A. AHCDD, HUD, or the Comptroller General of the United States, or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. B. The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. C. The periods of access and examination in paragraphs A and 8 above for records relating to (1) appeals under the "Disputes" clause of this contract, (2) litigation or" settlement of claims arising from the performance of this contract, or (3) costs and expenses of this contract to which AHCDD, HUD, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions. 22. Labor Standards - Davis-Bacon and Related Acts. I 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. . Page 402-27 - I I I I I I I I I I I 1 1 I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 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 additiohal classification and wage rate and fringe benefits therefor only when all the following criteria have been met: (1.) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2.) The classification is utilized in the area by the construction industry; and (3.) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. C. If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employee Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. D. In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator. of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify .HUD or its qesignee within the 3D-day period that additional time is necessary. Page 402-28 - I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 AHCDD Form 402 (Rev. 05/07) E. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (b)(2)(ii) or (iii) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. F. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. G. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. H. Withholding of funds. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor 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 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 AHCDD for transmission to HUD or its designee. The payrolls submitted shall set out accurately and.completely all of the information required to be maintained under subparagraph C (1) of this clause. This information may be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005- Page 402-29 I AHCDD Form 402 (Rev. 05/07) - I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 00014-1) is available for this purpose and may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. C. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1.) That the payroll for the payroll period contains the information required to be maintained under paragraph C of this clause and that such information is correct and complete; (2.) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; and (3.) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. D. The weekly submission of a properly executed certification set forth on the reverse side of Optional F:orm WH-347 shall satisfy the requirements for submission of the "Statement of Compliance" required by subparagraph C of this clause. E. The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. F. The Contractor or subcontractor shall make the records required under subparagraph D available for inspection, copying, or transcription by authorized representatives of HUD or its designee, AHCDD, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. G. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, .or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to joLirneymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in this paragraph, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage detemiination. Apprentices shall Page 402-30 - I I I I I I I I I I I I I I I 1 I I 1 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 AHCDD Form 402 (Rev. 05/07) be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division determines "that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. H. Trainees. Except as provided in 29 CFR 5.16, trainees. will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee 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. J. Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. J. Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract. K. Contract termination; debarment. A breach of this contract clause may be grounds for termination of the contract and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. L. Compliance with Davis-Bacon and related Act requirements. All rulings and interpretations of the Davis- Bacon and related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. M. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this clause shall not be subject to the general dispute clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (and any of its subcontractors) and AHCDD, HUD, the U.S. Department of Labor, or the employees or their representatives. 25. Certification of eligibility. A. By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). Page 402-31 - I I 1 I 1 I I 1 I I I I I I I I I I 1 AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 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 contract or any Federal contract with the same prime Contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or. subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in subparagraph J (2) of this clause. 27. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this clause, and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these provisions. 28. Labor Standards - Non-routine Maintenance. Not applicable. 29. Non-Federal Prevailing Wage Rates. A. Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under State law to be prevailing, with respect to any employee in any trade or position employed under the contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever either of the following occurs: (1.) Such non-Federal prevailing wage rate exceeds: (a) the applicable wage rate determined. by the Secretary of Labor pursuant to the Davis-Bacon Act (40 U.S.C. 276a etseq.) t~ be prevailing in the locality with respect to such trade;. Page 402-32 - I I I I I I I 1 I I I I I I I I I I I AHCDD Form 402 (Rev. 05107) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #08031 (b) an applicable apprentice wage rate based thereon specified in an apprenticeship program registered with the Department of Labor or a DOL-recognized State Apprenticeship Agency; (c) an applicable trainee wage rate based thereon specified in a DOL-certified trainee program. B. Such non-Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position. Page 402-33 AHCDD Form 403 I (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT SUPPLEMENTAL CONDITIONS Project #: CDBG #08031 1 1. I I 2. I I I I I I 3. I I I I 4. I 1 I I Architect: Architectural and Engineering services for this project will be provided by: 2KM Architects. Inc. 2275 Wriahtsboro Road Auausta GA 30904 Approved Equal: Whenever a product is defined in this invitation by trade name and catalogue number of a manufacturer or contractor, the term "or approved equal", if not inserted therewith shall be implied. Any reference to a particular manufacturer1s product either by trade name or by limited description is solely for the purpose of more clearly indicating the minimum standard of quality desired, except where a "no substitute" is requested. When a "no substitute" is requested, the housing authority will consider bids for the referenced product only. The term "or approved equal" is defined as meaning any other make which, in the sole opinion of the Augusta Housing & Community Development Department (AHCDD), is of such character, quality and performance equivalence as to meet the standard of quality of products specified for which it is to be used equally as well as that specified. The bidder quoting on a product other than the referenced product shall furnish complete identification on the bid form of the product he is offering by trade name, brand and/or model number. The bidder shall also furnish with his/her bid, descriptive literature and data with respect to the substitute product he proposes to furnish. Bidders offering a substitute shall also indicate any known specification deviations from the referenced product. 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 Grant Recipient and acceptance by AHCDD. Such loss, injury or destruction shall not release contractor from any contractual obligations. All products must be delivered within the time period specified on the order. Time is of the essence and, in addition to any other remedies contained in this invitation for bid, the order is subject to termination for failure to deliver as specified. In the event of termination, AHCDD shall have the right to purchase in the open market a corresponding quantity of the products and the contractor shall be responsible for any excess cost to the Grant Recipient and AHCDD. Inspection and Rejection: No product received by AHCDD shall be deemed accepted until AHCDD has had a reasonable opportunity to inspect said product. Any product, which is discovered to be defective or fails to conform to the specifications may be rejected upon initial inspection or at any later time if the defects contained in the products or the noncompliance with the specifications were not reasonably ascertainable upon the initial inspection. The decision of AHCDD shall be final. It shall thereupon become the duty of the contractor to remove rejected products from the premises without expense to AHCDD within fifteen (15) days notification. Rejected products left longer than fifteen (15) days will be regarded as abandoned, and AHCDD shall have the right to dispose of Page 403-1 I I I I I I I I I I I .6. I I 7. I I I I I AHCDD Form 403 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT SUPPLEMENTAL CONDITIONS Project #: CDBG #08031 them as its own property and shall retain that portion of the proceeds of any sale which represents AHCDD costs and expenses in regard to the storage and sale of the products. Upon notice of rejection, the contractor shall immediately replace all such rejected products with others conforming to the specifications and which are not defective. If the contractor fails, neglects or refuses to do so, AHCDD shall then have the right to purchase in the open market a corresponding quantity of such products, and deduct from any monies due or that may thereafter become due to the contractor, the difference between the price stated in the contract or purchase order and the actual cost thereof to AHCDD. 5. AHCDD Approval of Subcontracts. A. Any proposed subcontracts shall be disclosed in Contractor's bid submission. Contractor shall furnish such written information as AHCDD may require concerning the proposed subcontractor, together with the proposed subcontractor's Non-Collusion Affidavit in the form prescribed by AHCDD within 5 days of AHCDD request for such information. Any objection shall be expressed in writing by AHCDD within ten (10) days after receipt. B. AHCDD may, without claim for extra cost by the contractor, disapprove any subcontractor for cause on the basis of its own determination or because of the fact that the proposed subcontractor is listed as ineligible to receive awards of contracts from the United States on a current AHCDD list or list furnished by HUD. C. Nothing contained in the contract shall create any contractual relation between any subcontractor and AHCDD. Withholding for damages. AHCDD may withhold, or cause to be withheld, from any monies payable for acceptable work performed by the contractor or subcontractor, damages caused by the contractor or subcontractor, or other claims against the contractor or subcontract such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor. 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, Grant Recipient and AHCDD, all its officers and subordinates: A. from all suits and actions of every nature brought against the Owner and AHCDD or any of them for or on account of any damage or loss sustained by the Owner and AHCDD, and does agree to pay any and all such damages including costs of litigation and counsel fees whether defended by Owner, AHCDD or contractor; and Page 403-2 AHCDO Form 403 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY OEVELOPMENTDEPARTMENT SUPPLEMENTAL CONDITIONS Project #: CDBG #08031 I 1 I I la. I I I I 1 I I I I I I I B. if the contractor is required to enter premises owned, leased, occupied by or under the control of the Grant Recipient during the performance of this contract, the contractor shall indemnify and hold harmless both the Grant Recipient and AHCDD, its officers and employees, from any loss, cost, damage expense or liability by reason of property damage, or personal injury, including death, of whatsoever nature or kind arising out of as a result of such performance, whether arising out of actions of the contractor or any of its employees, subcontractor, and lower tier subcontractors. It is not the intention of this contract or anything herein provided to confer a third party beneficiary right or action upon any person whatsoever and nothing herein before or herein after set forth shall be construed so as to confer upon any person other than the Grant Recipient and AHCDD a right of action either under this contractor or in any manner whatsoever. Taxes, Industrial Laws and Benefits. In all matters relating to this contract, the contractor shall be acting as an independent contractor. Neither the contractor nor any of the persons furnishing materials or performing work or services which are required by this contract are employees of AHCDD within the meaning of or the application of any federal, or state unemployment insurance law, or other social security, or any workmen's compensation, industrial accident law, or other industrial or labor laws. At its own expense, the contractor shall comply with such laws and assume all obligations imposed by anyone or more of such laws with respect to this contract. In addition, contractor shall be liable for the payment of all federal, state and local taxes, and any special assessments. 9. No Waiver of Conditions. Failure of AHCDD to insist on strict performance shall not constitute a waiver of any of the provisions of this contract or waiver of any default of the contractor. 10. Severability. If any provision of this contract or any application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this contract which can be given effect without the invalid provisions or application, and to this end the provisions of this contract are severable. Page 403-3 AHCDD Form 404 (Rev 12/08) AUGUSTA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT ADDITIONAL SUPPLEMENTAL CONDITIONS Project #: CDBG #08031 I 11. I I 12. . SECTION 3 COMPLIANCE: 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. Employment Opportunities Generated By Section 3 Covered Assistance. I 1 I I 3. Definitions: I 1 I I I I I I All employment opportunities generated by the expenditure of Section 3 covered public and Indian housing assistance (Le., operating assistance, development assistance and. modernization assistance, as described in Section 135.3(a)(1)). With respect to Section 3 covered housing and community development assistance, this term means all employment opportunities arising in connection with Section 3 covered projects (as described in Section 135.3(a)(2)), including management and administrative jobs connected with the Section 3 covered project. Management and administrative jobs include architectural, engineering or related professional services required to prepare plans, drawings, specifications, or work write-ups; and jobs directly related to administrative support of these activities, e.g., construction manager, relocation specialist, payroll clerk, etc. 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)) Page 404-1 I I AHCDD Form 404 (Rev 12/08) I I I I I I I I I I I I I I I I I AUGUSTA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT ADDITIONAL SUPPLEMENTAL CONDITIONS Project #: CDBG #08031 defines this term to mean families (including single persons) whose incomes do not exceed 50% of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50% of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. (c) A person seeking the training and employment preference provided by Section 3 bears the responsibility of providing evidence, if requested, that he/she is eligible for the preference. Section 8 assistance means assistance provided under Section 8 of the 1937 Act (42 U.S.C. 1437f) pursuant to 24 CFR part 882, subpart G. 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 contractor to undertake a portion of the contractor's obligation for the performance of work generated by the expenditure of Section 3 covered assistance, or arising in connection with a Section 3 covered project. D. Section 3 clause means the contract provisions set forth in Sec. 135.38. E. Section 3 covered activity means any activity that is funded by Section 3 covered assistance public and Indian housing assistance. 4. Responsibilities of the Owner's Augusta Housing & Community Development Department. The Owner has the responsibility to comply with Section 3 in its own operations, and ensure compliance in the operations of its contractors and subcontractors. This responsibility includes but may not be necessarily limited to: A. Implementing procedures designed to notify Section 3 residents about training and employment opportunities generated by Section 3 covered assistance and Section 3 business concerns about contracting opportunities generated by Section 3 covered assistance; Page 404-2 AHCDO Form 404 (Rev 12/08) 15. I I I I I I I I I I I AUGUSTA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT ADDITIONAL SUPPLEMENTAL CONDITIONS Project #: COBG #08031 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 Owner 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. Employment and Contracting with Residents, Resident-owned Businesses, Small and Other Businesses. A. General. The Owner strongly supports a policy of contracting and providing employment opportunities with residents and resident-owned businesses. Accordingly, agencies are strongly encouraged to contract with residents and resident-owned businesses whenever possible. B. Section 3 of the HUD Act of 1968. (1) This law requires that the Owner make an effort to ensure that individuals or firms located in or owned in substantial part by persons residing in the area of a project are used when possible. The regulations describing this program are in 24 CFR Part 135 and the contract form includes a clause implementing this requirement. (2) Employment and training opportunities for pre-apprentices, apprentices and other training programs for residents will assist Owner in meeting resident employment, training, and local contracting objectives under Section 3. Further guidance is provided in Federal Register Notice, dated October 6, 1992 and HUD Notice 92-01-SL (See Appendix 32). (3) HUD Handbook 8023.1, Implementing Section 3 of the Housing and Urban Development Act of 1966 provides guidance regarding compliance with Section 3. Some of the important provisions include but are not limited to the following: (a) Solicitations, regardless of the method, must advise prospective contractors of the Section 3 requirements. (b) The Section 3 contract clause must be included in all covered contracts. (c) Owner and its contractors must make a good faith effort to provide, to the greatest extent feasible, training and employment to lower income residents of the unit of local government in connection with the work on an assisted project. In filling vacancies, Page 404-3 I I AHCDD Form 404 (Rev 12/08) I I I I I I I I I I I I I I I I I AUGUSTA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT ADDITIONAL SUPPLEMENTAL CONDITIONS Project #: CDBG #08031 Owner and its contractors may prominently post notices at the project site and in the Owner Office and may contact resident councils and resident management corporations, in addition to their other recruitment efforts, to meet the requirements of Section 3. (d) Owner and its contractors must make a good faith effort to award contracts, to the greatest extent feasible, to businesses located in or owned in substantial part by persons residing in the City of Augusta. In meeting this requirement (e) Owner should consider use of the alternative procurement procedures at 24 CFR Part 963. See paragraph 6 below. Contractors must make a good faith effort to award subcontracts to businesses located in the City of Augusta or substantially owned by persons residing in the City of Augusta. (f) 6. Resident-Owned Business. A. HUD issued a final rule at 24 CFR Part 963 which allows Owner to use an alternative procurement process when contracting with businesses owned in substantial part by residents (resident-owned businesses) for public housing services, supplies, or construction. As stated in paragraph 5, HUD strongly encourages Owner to contract with resident businesses to the maximum extent feasible. This has been a proven strategy for moving low-income persons out of poverty and dependency. The alternative procurement process is based on the established procurement procedures and requirements set forth in HUD regulations at 24 CFR 85.36, but limits solicitation to resident-owned businesses. The purpose of this rule is to enhance the economic opportunities available to residents by facilitating the award of Owner contracts to resident-owned businesses that are capable of performing successfully under a proposed Owner contract at a reasonable price. B. The alternative procurement process under 24 CFR 963 is as follows: (1) Owner prepares an independent cost estimate for the procurement. (2) Owner selects the appropriate method of procurement (small purchase, sealed bidding, competitive proposals, or noncompetitive proposals). (3) Owner solicits a quotation or offer from one or more resident-owned business. (4) Owner receives bids from one or more resident-owned business and ensures that: (a) the bidders have submitted the required certification regarding previous contracts received under the alternative procurement process; and (b) the total amount of such previous contracts is less than $500,000. (c) Owner performs a cost or price analysis of the bids received and determines the price that would normally be paid for comparable supplies, services, or construction in the project area. Page 404-4 110. 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: I I 1 1 1 1 1 1 19. AHCDD Form 404 (Rev 12/08) AUGUSTA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT ADDITIONAL SUPPLEMENTAL CONDITIONS CDBG #08031 Project #: (5) Owner awards the contract to the most advantageous bidder, consistent with the evaluation factors stated in the solicitation, provided that the price does not exceed the independent cost estimate and the price that would normally be paid for comparable supplies, services, or construction in the project area. (6) Owner 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 owner 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.) 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. A. Bids shall be solicited from all businesses (Section 3 business concerns, and non-Section 3 business concerns). An award shall be made to the qualified Section 3 business concern with the highest priority ranking and with the lowest responsive bid if that bid: (1) Is within the maximum total contract price established in the contracting party's budget for the specific project for which bids are being taken: and (2) Is not more than "X" higher than the total bid price of the lowest responsive bid from any responsible bidder. "X" is determined as follows: Page 404-5 AHCDD Form 404 (Rev 12/08) AUGUSTA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT ADDITIONAL SUPPLEMENTAL CONDITIONS Project #: CDBG #08031 (3) x = Lesser of: When the lowest responsive bid is less than $100,000. 10% of that bid or $9,000. When the lowest responsive bid is: I I I I I . IMMIGRATION REFORM AND CONTROL ACT OF 1986 COMPLIANCE The law seeks to preserve jobs for those who are legally entitled to them: American citizens and I aliens who are authorized to work in the United States. The law prohibits employers from knowingly hiring, recruiting, or referring for a fee, any alien who is unauthorized to work. As a result of this law, all employers are required to verify both the identity and employment eligibility of all regular, I temporary, casual, and student employees hired after November 6, 1986, and complete and retain a one-page form (1-9) documenting this verification. Failure to comply with these requirements may result in both civil and criminal liability with the imposition of substantial fines ranging from $100.00 to I $1,000.00 per hire, as well as possible imprisonment for a pattern or practice of noncompliance. I I I I I I At least $100,000, but less than $200,000 At least $200,000, but less than $300,000 At least $300,000, but less than $400,000 At least $400,000, but less that $500,000 At least $500,000, but less than $1 million At least $1 million, but less than $2 million At least $2 million, but less than $4 million At least $4 million, but less than $7 million $7 million or more 9% of that bid, or $16,000 8% of that bid, or $21,000 7% of that bid, or $24,000 6% of that bid, or $25,000 5% of that bid, or $40,000 4% of that bid, or $60,000 3% of that bid, or $80,000 2% of that bid, or $105,000 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. . GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006 COMPLIANCE (0. C. G.A. & 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02) The law requires employers to register and participate in the federal work authorization program to verify information of all new employees. It further prohibits public employers from entering into a contract for the physical performance of services within Georgia unless the contractor registers and participates in the federal work authorization program to verify information of all new employees and prohibits contractors and subcontractors from entering into contracts and subcontracts unless they register and participate in the same program. Page 404-6 AHCDD Form 404 (Rev 12/08) AUGUSTA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT ADDITIONAL SUPPLEMENTAL CONDITIONS Project #: CDBG #08031 I I Definitions: I I I I I I I I I I I I I In accordance with O.C.G.A. 13-10-91, the requirements of the law apply to public employers, their contractors and subcontractors, as follows: 1. On or after July 1, 2007, to public employers, contractors, or subcontractors of 500 or more employees; 2. On or after July 1, 2008, to public employers, contractors, or subcontractors of 100 or more employees; and 3. On or after July 1, 2009, to all other public employers, their contractors, or subcontractors. a. "Federal Work Authorization Program" - Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security (USDHS) or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (I RCA), P.L. 99-603. b. "Public Employer" - Every department, agency, or instrumentality of the state or a political subdivision of the state. c. "Subcontractor" includes a subcontractor, contract employee, staffing agency or any contractor regardless of its tier. d. "Georgia Security and Immigration Compliance Act" of 2006 - Senate Bill 529 of the 2006 Georgia General Assembly, enacted as Act 457. Page 404-7 I I I I I I 1. I I I I I I 2. I I I I I I I AHCDD Form 406 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONTRACTOR REPORTING REQUIREMENTS Project #: CDBG #08031 There are a variety of information submittals, form processing and report generation efforts required to award the contract and throughout the course of administering this contract. This part is intended to provide the potential bidder with a brief but thorough list of these requkements. You may request copies of reporting and documentation forms from the Owner's Augusta Housing & Community Development Department (AHCDD) during the bidding process by calling the AHCDD office at (706) 821-1797. Owner's AHCDD reserves the right to revise the reporting and documentation requirements at any time. Assurance of Completion. A. The successful bidder shall furnish an assurance of completion prior to the execution of any contract. The form of assurance of completion, as defined in Instruction to Bidders, is required to be submitted five (5) days prior to the scheduled pre-construction conference. Bonds must be obtained from guarantee or surety companies acceptable to the U.S. Government and authorized to do business in the State of Georgia. Individual sureties will not be considered. B. Each bond shall clearly state the rate of premium and the total amount of premium charged. The current power of attorney for the person who signs for the surety company must be attached to the bond. The effective date of the power of attorney shall not precede the date of the bond. The effective date of the bond shall be on or after the execution date of the contract. C. Failure by the successful bidder to obtain the required assurance of completion within the time specified, or within such extended period as Owner's AHCDD may grant based upon reasons. determined adequate by Owner's AHCDD, shall render the bidder ineligible for award. Owner's AHCDD may then either award the contract to the next lowest responsible bidder or solicit new bids. Owner's AHCDD may retain the ineligible bidder's bid guarantee. Pre-construction Conference. Prior to the award of a contract under this solicitation and prior to the start of work, the successful bidder will be required to attend a pre-construction conference with representatives of the Grant Recipient, Owner's AHCDD and its architect/engineer, and other interested parties convened by Owner's AHCDD. The conference will serve to acquaint the participants with the general plan of the construction operation and all other requirements of the contract (e.g., Section 3, Equal Employment Opportunity, Labor Standards). Owner's AHCDD will provide the successful bidder with the date, time, and place of the conference. The Contract shall be executed within 3 days following the completion of the Pre-construction Conference. 3. Certificates of Insurance. A. In accordance with the General Conditions, shall be submitted five (5) days prior to the scheduled pre-construction conference. The Owner and the Grant Recipient are to be added as an additionally named insured to the Contractor's Comprehensive General Liability and Automobile Liability Coverage. The amount required is not less than. $1,000,000.00 per occurrence for General.Liability and $500,000.00 for Automobile Liability. Page 406-1 I AHCDD Form 406 (Rev. 05/07) I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONTRACTOR REPORTING REQUIREMENTS Project #: CDBG #08031 B. Additionally, before commencing work, the Contractor shall furnish Owner's AHCDD with a certificate of insurance evidencing that Builder's Risk (fire and extended coverage) Insurance on all work in place and/or materials stored at the building site(s), including foundations and building. equipment, is in force. The Builder's Risk Insurance shall be for the benefit of the Contractor, Owner and Grant Recipient as their interests may appear and each shall be named in the policy or policies as an insured. The Contractor in installing equipment supplied by the Grant Recipient shall carry insurance on such equipment from the time the Contractor takes possession thereof until the Contract work is accepted by the Owner's AHCDD. The Builder's Risk Insurance need not be carried on excavations, piers, footings, or foundations until such time as work on the super-structure is started. It need not be carried on landscape work. Policies shall furnish coverage at all times for the full cash value of all completed construction, as well as materials in place and/or stored at the site(s), whether or not partial payment has been made by Owner's AHCDD. The Contractor may terminate this insurance on buildings as of the date taken over for occupancy by the Grant Recipient. The Contractor IS not required to carry Builder's Risk Insurance for modernization work that does not involve structural alterations or additions and where the Grant Recipient's existing fire and extended coverage policy can be endorsed to include such work. C. All insurance shall be carried with companies that are financially responsible and admitted to do bu~iness in the State of Georgia. If any such insurance is due to expire during the construction period, the Contractor (including subcontractors) shall not permit the coverage to lapse and shall furnish evidence of coverage to Owner's AHCDD. All certificates of insurance, as evidence of coverage, shall provide that no coverage may be canceied or non-renewed by the insurance company until at least 30 days prior written notice has been given to Owner's AHCDD. D. Certificates of the Contractor's Insurance shall be filed with Owner's AHCDD and shall be subject to their approval for adequacy of protection. These certificates shall contain a provision that coverage afforded under the policies will not be canceled without a minimum of thirty- (30) days prior written notice to the Augusta Housing & Community Development Department. 4. Construction Progress Schedule. A. A Construction Progress Schedule shall be submitted five (5) days prior to the scheduled pre- construction conference. The Contractor shall submit for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, . and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring labor, materials, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, Owner's AHCDD may withhold approval of progress payments or take other remedies under the contract until the Contractor submits the required schedule. . Page 406-2 AHCDD Form 406 (Rev. 05/07) I I I I I I I I I I I I I I I I I '1 I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONTRACTOR REPORTING REQUIREMENTS Project #: CDBG #08031 B. The Contractor shall enter the actual progress on the chart as required by Owner's AHCDD, and immediately deliver three copies of the annotated schedule to Owner's AHCDD. If Owner's AHCDD, upon the basis of inspection conducted according to the General Condition clause entitled "Inspection and ~c.~~ptance of Construction," determines that the Contractor is not meeting the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by Owner's AHCDD, without additional cost to the Owner's AHCDD. In this circumstance, Owner's AHCDD may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as Owner's AHCDD deems necessary to demonstrate how the approved rate of progress will be regained. I C. Failure of the Contractor to comply with the requirements of Owner's AHCDD under this clause shall be grounds for a determination by Owner's AHCDD that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the Contract. Upon making this determination, Owner's AHCDD may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the "Default" clause of this contract. 5. Contractor's own forces work equivalent. The Contractor shall perform on the site, and with its own forces work equivalent to at least 12% of the total amount of work to be performed under the contract. Five. (5) days prior to the scheduled pre-construction conference, the Contractor shall submit a certification explaining how the Contractor will perform at least 12% of the total amount of work. 6. Contractor's obligation to directly superintend the work. At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the work site a competent superintendent who is satisfactory to Owner's AHCDD and has authority to act for the Contractor. Five (5) days prior to the scheduled pre-construction conference, the Contractor shall submit the following information for approval by Owner's AHCDD: A. Superintendent's Name B. Superintendent's Work History C. Superintendent's Education 7. Schedule of Amounts for Contract Payments. Five (5) days prior to the scheduled pre- construction conference, the Contractor shall submit a completed and executed Schedule of Amounts for Contract Payments. This form is only required to be completed once; thereafter, a copy shall accompany each Pay Request... Page 406..3 I AHCDD Form 406 I (Rev. 05/07) I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONTRACTOR REPORTING REQUIREMENTS Project #: CDBG #08031 The Contractor is advised of the following Reporting and Administrative requirements required during the course of construction activities: 1. Labor Provision Requirements: A. The Contractor is required to submit weekly Certified Payroll Form WH-347 for the General Contractor and each Subcontractor. B. The Contractor is required to post in a conspicuous place the Secretary of Labor's Wage Poster and Wage Determination. C. The Contractor is required to report in writing worker disputes that the Contractor cannot resolve informally. 2. Contract Progress Payments: A. Schedule of Amounts for Contract Payments. A copy of the Schedule of Amounts for Contract Payments previously approved by Owner's AHcDD and/orthe Owner's AHCDD architect. B. Pay Request. Required to be completed and submitted for each Pay Request. Only ohe copy with original signatures need be submitted. 3. Change Order. Required to be completed and submitted with the Pay Request only if there have been any approved change orders issued on the project. 4. Schedule of Materials Stored. Required to be completed and submitted with Pay Request only if the Contractor wishes to be paid for inventory purchased prior to that inventory being incorporated into the work. S!JPporting invoices must accompany any Stored Materials Request. The Owner's AHCDD Rehabilitation Inspector will inspect the facility where the materials are stored to verify their existence. Each Subcontractor requesting payment for materials stored must also complete this form. 5. Summary of Materials Stored. Required to be completed and submitted with each Pay Request, which has a completed "Schedule of Materials Stored". Page 406-4 AHCDD Form 406 (Rev. 05/07) I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONTRACTOR REPORTING REQUIREMENTS Project #: CDBG #08031 6. Construction Progress Schedule. The Contractor shall enter the actual progress on the _ chart as compared to the originally submitted and approved schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor -contemplates starting and completing the several salient features of the work (including acquiring labor, materials, and equipment). 7. Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons, form HUD-60002. The Contractor is required to submit report form HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons, with each request for contract payments. Please note that this is the same report used by Owner's AHCDD to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968. 8. Shop Drawings and Test Results. A. "Shop drawings" means drawings, submitted to Owner's AHCDD or its architect by the Contractor, subcontractor, or any lower tier subcontractor, showing in detail (1) the proposed fabrication and assembly of structural elements and (2) the installation (Le., form, fit, and attachment details) of materials of equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials fU'mished by the Contractor to explain in detail specific portions of the work required by the contract. Owner's AHCDD may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. B. The Contract shall submit shop drawings and test results at least 15 days before the scheduled installation or work concerning the shop drawing or test results. The Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with other contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to Owner's AHCDO without evidence of the Contractor's approval may be returned for resubmission. Owner's AHCDD will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate Owner's AHCDD's reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by Owner's AHCDD shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract. C. The Contractor shall submit to Owner's AHCDDfor 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 Owner's AHCDD and one set will be returned to the Contractor. As required by Owner's AHCDO, the Contractor, upon completing the work under this contract, shall furnish a complete set of all shop drawings as finally approved. These drawings shall show all changes and revisions made up to the time the work is completed and accepted. . Page 406-5 AHCDD Form 406 (Rev. 05/07) I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONTRACTOR REPORTING REQUIREMENTS Project #: CDBG #08031 D. This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the Contractor to ensure that all shop drawings prepared by subcontractors are submitted to Owner's AHCDD. E. Failure of the Contractor to comply with the requirements of Owner's AHCDD under this clause shall be grounds for a determination by Owner's AHCDD that the Contractor is not in compliance with the Contract. Upon making this determination, Owner's AHCDD may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the "Default" clause of this contract. 9. As-Built Drawings. A. "As-built drawings," as used in this clause, means drawings submitted by the Contractor or subcontractor at any tier to show the construction of a particular structure or work as actually completed under the contract. "As-built drawings" shall be synonymous with "Record drawings." As required by Owner's AHCDD, the Contractor shall provide Owner's AHCDD accurate information to be used in the preparation of permanent as-built drawings. For this purpose, the Contractor shall record on one set of contract drawings all changes from the installations originally indicated, and record final locations of underground lines by depth from finish grade and. by accurate horizontal offset distances to permanent surface improvements such as buildings, curbs, or edges ,of walks. B. This clause shall be included in all subcontracts' at any tier. It shall be the responsibility of the Contractor to ensure that all as-built drawings prepared by subcontractors are submitted to Owner's AHCDD. C. Failure of the Contractor to cpmply with the requirements of Owner's AHCDD under this clause shall be grounds for a determination by. Owner's AHCDD that the Contractor is not in compliance with the Contract. This will result in Owner's AHCDD withholding from the Contractor's final payment and/or retention an amount of money sufficient to gather and/or reproduce the accurate information necessary to be used in the preparation of permanent as- built drawings. Page 406-6 I AHCDO Form 406 I (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONTRACTOR REPORTING REQUIREMENTS Project #: CDBG #08031 10. Approval of equipment and materials. I A. The Contractor shall obtain Owner's AHCDDapproval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to Owner's AHCDD the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by Owner's AHCDD, the Contractor shall also obtain Owner's AHCDD approval of the material or articles, which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. B. When required by the specifications or AHCDD, the Contractor shall submit appropriately marked samples (and certificates related to them) for approval at the Contractor's expense, with all shipping charges pre-paid. The Contractor shall label, or otherwise properly mark on the container, the material or product represented, its place of origin, the name of the producer, the Contractor's name, and the identification of the construction project for which the material or product is intended to be used. . I I I I I I I I I 11. I I I I I I C. Certificates shall be submitted in triplicate, describing each sample submitted for approval and certifying that the material, equipment or accessory complies with contract requirements. The certificates shall include the name and brand of the product, name of manufacturer, and the location where produced. D. Approval of a sample shall not constitute a waiver of AHCDD right to demand full compliance with contract requirements. Materials, equipment and accessories may be rejected for cause even though samples have been approved. Use and Possession Prior to Completion. The Grant Recipient shall have the right to take possession of or use any completed or partially completed part of the work. The request for Use and Possession Prior to Completion shall be made by the Grant Recipient in writing to AHCDD. Before taking possession of or using any work, AHCDD shall furnish the Contractor a list of items . of work remaining to be performed or corrected on those portions of the work that the Grant Recipient intends to take possession of or use. However, failure of the Grant Recipient to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Grant Recipient's possession or use shall not be deemed an acceptance of any work under the contract. While the Grant Recipient 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 Grant Recipient's possession or use, notwithstanding the terms of the clause entitled "Permits and Codes" herein; (2) all maintenance costs on the areas occupied; and, (3) furnishing heat, light, power, and water used in the areas occupied without proper remuneration therefor. If prior possession or use by the Grant Recipient delays the progress of the work or causes additional expense to the Contractor, AHCDD shall make an equitable adjustment in the contract price or the time of c,?mpletion, and the contract shall be modified in writing accordingly. Page 406-7 I I I I I I I I I I I I I 8. I I I I I I AHCDO Form 406 .. (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONTRACTOR REPORTING REQUIREMENTS Project #: CDBG #08031 Contract Close-out Reporting Requirements After the Contractor has completed all the items noted on the AHCDD inspection punch list, the Contractor may submit closing documents to AHCDD. Closing documents shall consist of the following: 1. The Contractor shall notify AHCDD, in writing, as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If the state of preparedness is as represented, AHCDD will promptly arrange for the inspection. 2. Final Pay Request marked "FINAL" with all associated payment forms as explained above. 3. One original of the executed Final Waiver of Lien for the Contractor for each subcontractor and all material suppliers. 4. Certificate of Occupancy, if required. 5: Any special warranty or guarantees required by the Technical Specifications. At a minimum, the Contractor is required to provide a one:"year workmanship warranty, in accordance with General Conditions. This warranty may be in the form of a letter on company stationery, signed by an authorized individual establishing the coverage period and the method of notification for covered repairs. Other special equipment warranties shall be from the manufacturer. 6. An original completed copy of Contractor's Certificate and Release. This form must be notarized. 7. An original completed copy of Grant Recipient's Certificate and Release. This form must be notarized. Accurate and complete information to be used in the preparation of permanent as-built drawings. For this purpose, the Contractor shall record on one set of contract drawings all changes from the installations originally indicated, and record final locations of underground lines by depth from finish grade and by accurate horizontal offset distances to permanent surface improvements such as buildings, curbs, or edges of walks. Page 406-8 I I I I I I I I I I I I I I I I I I I AHCDD Form 409 (Rev. 10/06) CONTRACT DOCUMENTS -- CONSTRUCTION Project #: NOTICE TO PROCEED CDBG #08031 TO: JBC Construction Company 118 N. Belair Road, Suite 1 Evans, Georgia 30809 PROJECT: Shiloh Community Center Site Work Improvements PROJECT #: CDBG #08031 PROJECT DESCRIPTION: Construct a walking track, basketball court upgrades, security lighting and install four (4) gates. 1. You are hereby notified to commence work on the Project shown above, in accordance with the Construction Contract dated 2. You may begin work on this Project on or before , but no later than ten (10) calendar days from that date. Your company will complete all work not later than consecutive calendar days from the Start Date. The Scheduled Completion Date for this project is therefore 3. Liquidated damages, as outlined in the contract, will begin on the day after the Scheduled Completion Date, and will continue daily until the project is actually completed. Authorized delays that may add additional time to the Scheduled Completion Date will be determined by Owner's AHCDD. Owner's AHCDD Director CONTRACTOR ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by By: Date: Title: Page 409-1 I AHCDD Form 410. I (Rev. 02105) I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT PRE-CONSTRUCTION MEETING AGENDA Project #: CDBG #08031 MEETING ATTENDANCE Date: Time: Location: Project: (PLEASE PRINT Information Below) NAME COMPANY/DEPT. POSITION PHONE FAX (Please Print Clearly) (Please Print Clearly) (Please Print Clearly) (Include Area (Include Area Code) Code) . Page 410-1 I I- I I. I I I I I I -I I I I I I I I AHCDD Form 410 (Rev. 02105) Introductions A. Contractor: 1. Subcontractor( s): 2. Supplier(s): B. Architect: 1. Project Manager: 2. Consultants: AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT PRE-CONSTRUCTION MEETING AGENDA Project #: CDBG #08031 C. Grant Recipient Representative: D. Augusta Housing & Community Development Department:. 1. Project Leader: 2. Inspector: 3. Compliance: 4. Administrative: Page 410-2 - I I I II. I I I 'I I I I I I I I I I I I I AHCDD Form 410 (Rev. 02105) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT PRE-CONSTRUCTION MEETING AGENDA Responsibilities A. Contractor 1. Progress schedule 2. Permits 3. Insurance a. Certificate to Housing & Community Development Department b. Builders' Risk 4. Sub-contractors and major suppliers a. List b. Responsibilities 5. Cost breakdown for partial payments 6. Certified payrolls 7. Superintendent: 8. After hours phone number: . 9. Shop drawings 10. Safety issues 11. Dig safe B. Architect: 1. Agent for Housing & Community Development Department and Owner 2. Contract administration 3. Change order recommendation 4. Materials approval 5. Project Manager a. Agent for Architect b. Work inspection c. DailylWeekly reports d. Materials received/stored e. Job records f. Visitors g. Field decisions h. Payment and Retainage approval Page 410-3 Project #: CDBG #08031 - I I I I I I I I I I I I I I I I I I I AHCDD Form 410 (Rev. 02/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT PRE-CONSTRUCTION MEETING AGENDA C. Grant Recipient 1. Job approval authority 2. Communicate through Housing & Community Development Department 3. Work outside contract a. In-house crews b. Other construction 4. Payment and Retainage approval 5. Change order approval 6. Lead time items a. Color approvals b. Allowance items c. Homeowner releases C. Housing & Community Development Department 1. Overall job approval authority 2. Communicate through Architect 3. Payments and Retainage 4. Change order approval 5. Inspector a. Agent for Housing & Community Development Department b. Work inspection c. Inspection reports d. Materials received/stored approval e. Field decisions f. Payment and Retainage approval Page 410-4 Project #: CDBG #08031 I I AHCDD Form 410 (Rev. 02105) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT PRE-CONSTRUCTION MEETING AGENDA Project #: CDBG #08031 I III. Site A. Special considerations 1. Parking 2. Barricades 3. Utilities lines 4. Storage 5. Toilet facilities 6. Secu rity 7. Location. of job sign 8. .. Other requirements: I I I I I I I I I IV. Work Schedules I I I I I I I B. Property salvaged for Grant Recipient C. Protection of property not involved with work D . Temporary utilities E. Material Safety Data Sheets for hazardous materials.. A. Contractor 1 . Work hours 2. Work days 3. Special needs B. Grant Recipient 1. Conflicts with other Grant Recipient's activities 2. Other Owner issues C. Coordination Process Page 410"5 AHCDD Form 410 (Rev. 02105) I I I V. I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT PRE-CONSTRUCTION MEETING AGENDA Project #: CDBG #08031 Miscellaneous A. Monthly meeting 1. Date and time 2. Agenda 3. . Special meetings B. As built drawings and Owner's manuals C. Review plans and specs (small jobs) D. Special or unusual contract requirements NOTE: This Agenda Outline is of a general nature and is intended to identify issues which should be addressed. The Agenda should be modified as required for a specific project. Page 410-6 I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY Form 411 DEVELOPMENT DEPARTMENT Project #: CDBG 08031 AFFIRMATIVE ACTION PLAN (See Attachment) - I I I I I I I I I I I I I I I I I I I 118 N. Belair Rd., Ste. 1 Evans, GA 30809 (706) 855-5375 fax: (706) 855-8346 Project No.: CDBG #08031 Project Name: Shiloh Community Center Site Work Improvement Location: Shiloh Community Center AFFIRMATIVE ACTION PLAN 1. Equal Emplovment Opportunitv Policy It is the policy of Jeb Boggus Construction LLC not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. This policy extends to all matters relating to recruitment, hiring, promotion, transfer, recruitment or recruitment advertising, rates of pay and other forms of compensation, and selection for training. Furthermore, it is the policy of this company to cooperate to the fullest extent with the applicable rules, regulations and orders issued pursuant to Executive Order 11246. It is intended that all officials and employees of this company be informed of this statement of policy and that this policy shall be applied to every phase of employee recruitment, including employment agencies, labor organizations and advertising. II. Coordination and Administration of PrOgram a. The company Human Resource Manager, Ms. Heather Singleton will serve in the capacity of Equal Employment Opportunity Coordinator. She will be responsible for the overall administration of this Affirmative Action Plan and will assist in EEG matters at the Branch Office and at project construction sites. b. Administration of this Plan at the project site will be the responsibility of the company's Project Manager. c. Management will check with each superintendent bi-weekly to ensure that this company's equal employment opportunity obligations, policy, and plan are being implemented. d. A copy of this action plan will be provided to each employee and posted on the company's bulletin boards at the main office, the branch office, and all project sites. I I I I I I I I I I I I I I I I I I I A. Recruitment and Employment Practice .1. We currently employ an administrative staff consisting of 14 employees. During the last year we employed 5 new employees of which 1 was a female minority. A. Present Work Force Total Non-Minority Minority Non-Female Female Site Managers 4 4 0 4 0 Accountants 2 2 0 1 1 Sales Manager 1 0 1 0 1 Sales Reps 5 5 0 0 5 Office 2 2 0 0 2 B. Opportunities for Placement During the period of the next 12 months we do not anticipate any new positions. B. Emplovment Practices A. We will notify community organizations in writing that we are an equal opportunity employer and that we have employment opportunities available and will maintain records of the organizations' response as positions become available. B. We will maintain a file of the name and addresses of each minority and female applicant referred to us and note what action was taken with each such referred applicant, and if the applicant was not employed, the reasons therefore. Where appropriate, applicant will be sent to union hiring hall for permit to work with our company. C. We will make specific efforts to encourage present minority and female employees to recruit their friends and relatives for positions we have available. D. The company's EEO Coordinator will periodically inventory and evaluate all minority and female personnel in the Laborer category for promotional opportunities and encourage them to seek such opportunities where available. E. The company will make sur~ that all facilities and company activities are non- segregated with the exception that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. F. The EEO Coordinator will continually monitor all personnel activities to ensure that the company's EEO policy is being carried out. - I I I I I I I I I I I I I I I I I I I G. We will solicit bids for subcontracts from available minority and female subcontractors engaged in the trades for which we need subcontractors. Where necessary, and possible, we will offer assistance to those minority and female subcontractors who bid or are awarded a subcontract with our company. H. We will notify each subcontractor of his respective EEO obligation and actively cooperate with HUD in assuring compliance. ~//. Signed: ~ (naine) tJ2vll t .L- (title) I I I I I I I I I I I I I I I I I I I iJ:N=i-'CoHcrete".; ;, \'3907 Rainstoh~ c~ifrH~,~'~j1\ ""\.\\A~",gA".jO~O,~.. \"";"."':':;:~'~~~~::':~~:,. 0-; .:~) .~,<"",,,.~..>..,:J;:'-,:,,,,,,,,,,~" ~'''i' ~\\ ., i ^.".~''''''''>_ " .'" \"".':~-::'. .',:'_'"},~';i~~?:: i : ;'~~)' "~~,.".,,-.,. Project No.: CDBG #08031 Project Name: Shiloh Community Center Site Work Improvement Location: Shiloh Community Center AFFIRMATIVE ACTION PLAN 1. Eoual Emplovrnent Opportunitv Policy It is the policy of 3 N 1 Concrete not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. This policy extends to all matters relating to recruitment, hiring, promotion, transfer, recruitment or recruitment advertising,. rates of pay and other forms of compensation, and. selection for training. Furthermore, it is the policy of this company to cooperate to the fullest extent with the applicable rules, regulations and orders issued pursuant to Executive Order 11246. It is intended that all officials and employees of this company be informed of this statement of policy and that this policy shall be applied to every phase of employee recruitment, including employment agencies, labor organizations and advertising. II. Coordination and Administration of Program a The company Owner, Gregory Bennett will serve in the capacity of Equal Employment Opportunity Coordinator. He will be responsible for the overall administration of this Affirmative Action Plan and will assist in EEO matters at the Branch Office and at project construction sites. b. Administration of this Plan at the project site will be the responsibility of the company's Owner. c. Management will check with each superintendent bi-weekly to ensure that this company's equal employment opportunity obligations, policy, and plan are being implemented. d. A copy of this action plan will be provided to each employee and posted on the company's bulletin boards at the main office, the branch office, and all project sites. I I I I I I I I I I I I I I I I I I I 3:'N<:"i~-Co.~crete.., :;, '" -"-' i- t ",~ ::t"::~:;~;,:e;:~',;rt~: \,'\}907 Rainstone Coill,i'E . \.....,,", At. fa, G~.'j0906 . "".., '"'' ;..:..:;,;;':.. ~,~..."".~'" :::<<, ; ."L' "_,,.~, ~ ';-, '''., '.,~...~ .~ ~ A. Recruitment and Employment Practice 1. We currently employ three employees. A. Present Work Force Total Non-Minority Minority Non-Female Female Concrete Finisher 3 o 3 3 o B. Opportunities for Placement During the period of the next 12 months we do not anticipate any new positions. B. Emplovrnent Practices A. We will notify community organizations in writing that we are an equal opportunity employer and that we have employment opportunities available and will maintain records of the organizations' response as positions become available. B. We will maintain a file of the name and addresses of each minority and female applicant referred to us and note what action was taken with each such referred applicant, and if the applicant was not employed, the reasons therefore. Where.appropriate, applicant will be sent to union hiring hall for permit to work with our company. C. We will make specific efforts to encourage present minority and female employees to recruit their friends and relatives for positions we have available. D. The company's EEO Coordinator will periodically inventory and evaluate.all minority and female personnel in the Laborer category for promotional opportunities and encourage them to seek such opportunities where available. E. The company will make sure that all facilities and company activities are non-segregated with the exception that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. F. The EEO Coordinator will continually monitor all personnel activities to ensure that the company's EEO policy is being carried out. G. We will solicit bids for subcontracts from available minority and female subcontractors engaged in the trades for which we need subcontractors. Where necessary, an~ possible, we will I I I I I I I I I I I I I I I I I I I ;3:N:i--Cotlcr~!~.::;, \ \3907 Rainstone Coiirt'6 I"~ \". \,~A~~~~g~"30~o.:~';'.'."[~r"::~~~:~:~:.~~:~\:, ::'-:':>= "'-- "r:' ~ ~~"'" -=- ,< "'~ ", """4'~ ~ ':./ ,,~~"':C>:":":':':~~;~~::l'~,~~::>..<""~''''C''_'' .,.!__". \",' ':_~~.~.~2;:~:~:-;>':,<,::::~~~d ~."',. ,."""",/ ,.,," ; .,3 offer assistance to those minority and female subcontractors who bid or are awarded a subcontract with our company. Signed: H. We will notify each subcontractor of his respective EE cooperate with RUDin assuring compliance. () f/teJc (title) I I I I I I I I I I I I I I I I I I I DirtWorks Erosion Control 5079 Prior Dr. Evans, GA 30809 Project No.: CDBG #08031 Project Name: Shiloh Community Center Site Work Improvement Location: Shiloh Community Center AFFIRMATIVE ACTION PLAN I. Equal Employment Opportunity Policy It is the policy of AGTD, Inc. dba DirtWorks not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. This policy extends to all matters relating to recruitment, hiring, promotion, transfer, recruitment or recruitment advertising, rates of pay and other forms of compensation, and selection for trai~ng. Furthermore, it is the policy of this company to cooperate to the fullest extent with the applicable rules, regulations and orders issued pursuant to Executive Order 11246. It is intended that all officials and employees of this company be informed of this statement of policy and that this policy shall be applied to every phase of employee recruitment, including employment agencies, labor organizations and advertising. II. Coordination and Administration of Program a. The company Vice President, Gregory Banford will serve in the capacity of Equal Employment Opportunity Coordinator. He will be responsible for the overall administration of this Affirmative Action Plan and will assist in EEO matters at the Branch Office and at proj ect construction sites. b. Administration of this Plan at the project site will be the responsibility of the company's Owner. c. Management will check with each superintendent bi-weekly to ensure that this company's equal employment opportunity obligations, policy, and plan are being implemented. d. A copy of this action plan will be provided to each employee and posted on the company's bulletin boards at the main office, the branch office, and all project sites. I I I I I I I I I I I I I I I I I I I DirtWorks Erosion Control 5079 Prior Dr. Evans, GA 30809 A. Recruitment and Employment Practice 1. We currently employ 14 employees of which _ are minority. A. Present Work Force Total Non-Minority Minority Non-Female Female Equipment Operator/ Laborers o 13 10 13 3 Office 1 1 1 o o B. Opportunities for Placement During the period of the next 12 months we do not anticipate any new positions. B. Employment Practices A. We will notify community organizations in writing that we are an equal opportunity employer and that we have employment opportunities available and will maintain records of the organizations' response as positions become available. B. We will maintain a file of the name and addresses of each minority and female applicant referred to us and note what action was taken with each such referred applicant, and if the applicant was not employed, the reasons therefore. Where appropriate, applicant will be sent to union hiring hall for permit to work with our company. C. We will make specific efforts to encourage present minority and female employees to recruit their friends and relatives for positions we have available. D. The company's EEO Coordinator will periodically inventory and evaluate all minority and female personnel in the Laborer category for promotional opportunities and encourage them to seek such opportunities where available. E. The company will make sure that all facilities and company activities are non-segregated wi th the exception that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. F. The EEO Coordinator will continually monitor all personnel activities to ensure that the company's EEO policy is being carried out. - I I I I I I I I I I I I I I I I I I I DirtW orks Erosion Control 5079 Prior Dr. Evans, GA 30809 G. We will solicit bids for subcontracts from available minority and female subcontractors engaged in the trades for which we need subcontractors. Where necessary, and possible, we will offer assistance to those minority and female subcontractors who bid or are awarded a subcontract with our company. H. We will notify each subcontractor of his respective EEO obligation and actively cooperate with HUD in assuring compliance. SignW#~ (name) ~. (title) I I I I I I I I I I I I I I I I I I I Hobbs & Sons Clearing and Grading 5474 Huffs Br. Rd. Dearing,GA 30808 Project No.: CDBG #08031 Project Name: Shiloh Community Center Site Work Improvement Location: Shiloh Community Center AFFIRMATIVE ACTION PLAN 1. Equal Employment Opportunity Policy It is the policy of Hobbs & Sons not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. This policy extends to all matters relating to recruitment, hiring, promotion, transfer, recruitment or recruitment advertising, rates of pay and other forms of compensation, and selection for training. Furthermore, it is the policy of this company to cooperate to the fullest extent with the applicable rules, regulations and orders issued pursuant to Executive Order 11246. It is intended that all officials and employees of this company be informed of this statement of policy and that this policy shall be applied to every phase of employee recruitment, including employment agencies, labor organizations and advertising. II. Coordination and Administration of Program a. The company Owner, Lenny Hobbs will serve in the capacity of Equal Employment Opportunity Coordinator. He will be responsible for the overall administration of this Affirmative Action Plan and will assist in EEO matters at the Branch Office and at project construction sites. b. Administration of this Plan at the project site will be the responsibility of the company's Owner. c. Management will check with each superintendent bi-weekly to ensure that this company's equal employment opportunity obligations, policy, and plan are being implemented. d. A copy of this action plan will be provided to each employee and posted on the . company's bulletin boards at the main office, the branch office, and all project sites. - I I I I I I I I I I I I I I I I I I I Hobbs & Sons Clearing and Grading 5474 Huffs Br. Rd. Dearing, GA 30808 A. Recruitment and Employment Practice 1. We currently employ 7 employees of which 2 are minority. A. Present Work Force Total Non-Minority Minority Non-Female Female Forman 2 2 3 2 0 Laborers 5 3 2 5 0 B. Opportunities for Placement During the period ofthe next 12 months we do not anticipate any new positions. B. Employment Practices A. We will notify community organizations in writing that we are an equal opportunity employer and that we have employment opportunities available and will maintain records of the organizations' response as positions become available. B. We will maintain a file of the name and addresses of each minority and female applicant referred to us and note what action was taken with each such referred applicant, and if the applicant was not employed, the reasons therefore. Where appropriate, applicant will be sent to union hiring hall for permit to work with our company. C. We will make specific efforts to encourage present minority and female employees to recruit their friends and relatives for positions we have available. D. The company's EEO Coordinator will periodically inventory and evaluate all minority and female personnel in the Laborer category for promotional opportunities and encourage them to seek such opportunities where available. E. The company will make sure that all facilities and company activities are non-segregated with the exception that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. F. The EEO Coordinator will continually monitor all personnel activities to ensure that the company's EEO policy is being carried out. I I I I I I I I I I I I I I I I I I I Hobbs & Sons Clearing and Grading 5474 Huffs Br. Rd. Dearing, GA 30808 G. We will solicit bids for subcontracts from available minority and female subcontractors engaged in the trades for which we need subcontractors. Where necessary, and possible, we will offer assistance to those minority and female subcontractors who bid or are awarded a subcontract with our company. H. We will notify each subcontractor of his respective EEO obligation and actively cooperate with BUD in assuring compliance. Signed: .7/,~ ( ame) iJ I fJ. (title) __~4~0~!.2.?~9~~H:~'~H X~!_?O 6 4 3 4 2 5 2 0 MANER FENCE 141 0011004 I I I I I. I I I I I I I I I I I I MANERg'~ S~ etJ-. 3777 Washington Road. P.G. Box 204598 . Augusta, Georgia 30977-4598 · Phone (706) 863-6197 Effective: September 3, 1999 Revised: April 18, 2007 Date: April 19, 2007 EQUAL EMPLOYMENT OPPORTUNITY POLICY Policy Statement MANER BUILDERS SUPPLY COMPANY is an Equal Employment Opportunity Employer. It is the policy of this company to assure that applicants are employed, and that employees are treated equally during employment without regard to their race, religion, sex, age, color, disability or national origin. Such action shall include: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other fonns of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on the job training. It is further the policy of this company to comply and cooperate to the fullest extent with all applicable regulations of the Civil Rights Act of 1964, Executive Order No. 11246, the Rehabilitation Act of 1973 (29 U.S.C. 793), the Americans with Disabilities Act (ADA) of 06/26/90, and the Vietnam Era Veterans Readjustment Assistance Act of 1972, all as amended. This policy pertains, as far as the responsibility of this company is concerned, to any arrangement under which employees, including trainees, are selected for work. Mr. Jimmy Thames will be responsible to implement the company's E.E.O. program, thus taking the title of Equal Employment Opportunity Officer. Mr. Thames will coordinate the Equal Employment Opportunity efforts of superintendents, supervisors, foreman and others in the . position of hiring personnel. He will make recommendations, where appropriate, to correct any deficiencies found in the company's program. Mr. Thames may be reached at P.O. Box 204598. Augusta, GA 30917. Telephone No. (7 6) 434-3716 ~. oome President - I I I I I I I I I I I I I I I I I I I 04/03/2009 08:54 FAX 7064342520 141002/004 MANER FENCE MANER~~ S~ etJ.. 3717 Washington Road. P.O. Box 204598 . Augusta, Georgia 30917-4598 · Phone (706) 863-6191 Date: April 19, 2007 Effective Date: September 3, 1999 Revision: April 18, 2007 EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION PLAN It is the policy of Maner Builders Supply Company that there not be any discrimination by virtue of race, religion, color, age, sex, national origin, disabilities or Vietnam Era and Special Disabled Veterans status, in the functions of hiring,placement, up-grading, transfer or demotion. tn addition, there shall not be any discriminatory practices in recruitment, advertising, or solicitation for employment, rates of payor other forms of compensation, selection for training including apprenticeship, layoff or termination, or treatment during employment. Jimmy Thames has been named the Equal Employment Opportunity Officer, for Maner Builders Supply Company and will have the responsibility for effectively administering and promoting any active program of equal employment opportunity within the Company. Maner Builders Supply Company has affirmative action obligations in the hiring of minorities, females, disabled and veteran's applicants. We will take the following actions to ensure equal employment opportunity: A. Maner Builders Supply Company will ensure and maintain a working environment free of harassment, intimidation and/or coercion at all sites, an in all facilities at which our employees are assigned to work. Maner Builders Supply Company will, where possible, assign two or more women to each construction project. Maner Builders Supply Company will specifically ensure that all foreman, superintendents, and other on-site supervisory personnel are aware of, and carry out, our obligation to maintain such a working environment, with specific attention to minority and female individuals working at such sights or in such facilities. . B. Maner Builders Supply Company will establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when we have employment opportunities available, and will maintain a record of the organizations' responses. C. Maner Builders Supply Company will maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female. referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to us by the union. or if referred, not employed by us, this will be documented in the file with the reason therefore; along with whatever additional actions we might have taken: - ".. I I I I I I I I I I I I I I I I I I I 04/03/2009 08:55 FAX 7064342520 MANER FENCE ~ 003/004 D. Maner Builders Supply Company has no union affiliations or collective bargaining agreements, however, if we feel our Affirmative Action Policies are being hampered by any member of a particular union, we will immediately notify the S.C.D.O.T. Director of Construction in writing in order to correct the problem and meet our obligations. E. Maner Builders Supply Company will develop on-the-job training opportunities and/or participate in training programs for the area(s) which expressly include minorities and females, including upgrading programs, apprenticeship and trainee programs relevant to our employment needs, especially those programs funded and/or approved by the Department of Labor. Maner Builders Supply Company will provide notice of these programs to the sources compiled under (B) above. F. Maner Builders Supply Company will disseminate our E.E.O. Policy by providing notice of the policy to and training programs and requesting their cooperation in assisting us in meeting our E.E.O. obligations: by including it in any policy manual; by publicizing it in annual reports; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting our company's E.E.O. Policy on bulletin boards accessible to all employees at each location where construction work is being performed. G. Maner Builders Supply Company will review, a least annually, our company's E.E.O. Policy and Affirmative Action obligations under these specification, with all employees having responsibility for hiring, assignment, layoff, termination or other employment decisions, including specific review of these items with on-site supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any jobsite. A written record shall be made and maintained identifying the time and place of these meetings, person's attended, subject matter discussed, and disposition of the subject matter. H. Maner Builders Supply Company will disseminate our E.E.O. Policy externally by including it in any advertising in the news media, and providing written notification to and discussing our E.E.O. Policy with other contractors and subcontractors with whom we do or anticipate doing business with. I. Maner Builders Supply Company will direct our recruitment efforts, both oral and written, to minority, female, and community organizations. to schools with minority and female students and to minority and female recruitment and training organizations serving our recruitment area and employment needs. No later than one month prior to the date for acceptance of applications for apprenticeship or other training by any recruitment source, we shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. J. Maner Builders Supply Company will encourage present minority and female employees to recruit other minority and female persons, and where reasonable, provide after school, summer and vacation employment to minority and female youth, both on the jobsite and in other areas of our workforce. K. Maner Builders Supply Company will validate all tests and other selection requirements, where there is an obligation to do so, under 41 C. F.R. Part 60-3. . L. Maner Builders Supply Company will conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. M. Maner Builders Supply Company will ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that E.E.O. Policy and our obligations under Executive Order 11246 are being carried out. I I I I I I I I I I I I I I I I I I 04/03/2009 08:55 FAX 7064342520 I4l 004/004 MANER FENCE N. Maner Builders Supply Company will ensure that all facilities and company activities are non-segregated, except that separate single-users toilets and necessary changing facilities shall be provided to assure privacy between the sexes. O. Maner Builders Supply Company will document and maintain a record of all solicitations of offers for subcontracts from minority and/or female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. P. Maner Builders Supply Company will conduct a review, at least annually, of all supervisors' adherence to and performance under our E.E.O. Policies and Affirmative Action obligations. If at any time anyone feels he or she has been discriminated against because of sex, race, religion, color, age, national origin, disabilities or Vietnam Era and Social Disable Veterans status, they should report this matter to: . Jimmy Thames Maner Builders Supply Company P. O. Box 204598 Augusta, GA 30917 (706) 434-3716 The Equal Employment Opportunity Officer will investigate all complaints of alleged discrimination made to the company in connection with its contractual obligations. The Equal Employment Opportunity Officer will attempt to resolve such complaints. If corrective action is required to resolve the complaint, he/she will recommend to the immediate supervisor of the complainant the corrective action to be taken, and will then follow-up on the actions taken and their effect. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of such investigation, the Equal Employment Opportunity Officer will inform every complainant of all of his or her avenues of appeal. The addresses shown below are such avenues for appeals: COMPLAINT OFFICES: U.S. Department of labor - Regional Director 61 Forsyth Street SW Room 7-B75 Atlanta, GA 30303 Telephone No. (404) 562-2424 U.S. Equal Opportunity Commission (EEOC) 801 L Street NW or Washington, DC 20507 Telephone No. (800) 669-4000 1400L Street NW #200 Washington, DC 20005 Maner Builders Sup, / -0'7 I~ I I I I I I I I I I I I I I I I I I ..,,..~,..,rf-"~~"'" Mustin concrete "'''''''''''''~.'~-'''"''>;-'.'''''''''-''''''''''"'''''t..,.:,,, 140'lewiston rd ".c-, _, ','~':"'" .', - r'" ". '" 'h' .~>,;,,_.... dt6vasRrri:G~3'08i3:~~~.' ",,,.';,,,,,,,,,,,",,_.^>,,,.;, ,",''''''y'''''-" '''''-''''-',- ' ';;"<~'''''~'''''_'" ... '''' c~"."',.~..."."",~...''''''''''''1-,....'.~.''''''''''''.. "'-"":_^'-" _"-,.,-,,,,,,,,,.- ~-..,....",.,"'_" c',,-, "., . ," "-',' - .1'-, "",;: ~.:,.,.,-.,-.,.,.",.,<~-,:":,.",< "".:;~;~:-.';""-- ,~../." . .' . . . "" - " . ,',. .' < ,..."-'.".....~~/;" Project No.: CDBG #08031 Project Name: Shiloh Community Center Site Work Improvement Location: Shiloh Community Center AFFIRMATIVE ACTION PLAN 1. Eaual Employment Opportunity Policy It is the policy of Mustin Concrete not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. This policy extends to all matters relating to recruitment, hiring, promotion, transfer, recruitment or recruitment advertising, rates of pay and other forms of compensation, and selection for training. Furthermore, it is the policy of this company to cooperate to the fullest extent with the applicable rules, regulations and orders issued pursuant to Executive Order 11246. It is intended that all officials and employees of this company be informed of this statement of policy and that this policy shall be applied to every phase of employee recruitment, including employment agencies, labor organizations and advertising. II. Coordination and Administration of Program a. The company Owner, Milton Mustin will serve in the capacity of Equal Employment Opportunity Coordinator. He will be responsible for the overall administration of this Affirmative Action Plan and will assist in EEO matters at the Branch Office and at project construction sites. b. Administration of this Plan at the project site will be the responsibility of the company's Owner. c. Management will check with each superintendent bi-weekly to ensure that this company's equal employment opportunity obligations, policy, and plan are being implemented. d. A copy of this action plan will be provided to each employee and posted on the company's bulletin boards at the main office, the branch office, and all project sites. - I. I I I I I I I I I I I I I I I I I I '-""'''''c.;''.''' <-~ Mustin concrete .~, ~ _""w-<'~..~"'" "'~"_""....,_,,,......,. 140 lewiston rd " ,.; ", '\ . '\.. , dt6vet6MiT}af'308'iI;~~:~) ".- " "'." ";,.""" ....;.~ .-."..;;,.,...~;.,.", . -, , '; '''','i.. . "",---,' .--. "~""~'_\"!""".",'1'="". .~"',;.' ',.0'"''-'''''-'''.'.-''';''' ;"'~.'~."~,"'-"''''-''''~',~ , ",,,",,,,,~,,,,Y_",,,<'~'+';'..,,.", ' ~.~,;: ~:,::~:,.~:~<,~q:. ~'::' . .~. . A. Recruitment and Emplovment Practice 1. We currently employ three employees. A. Present Work Force Total Non-Minority Minority Non-Female Female Concrete Finisher' 6 6 6 o o B. Opportunities for Placement During the period of the next 12 months we do not anticipate any new positions. B. Emplovment Practices A. We will notify community organizations in writing that we are an equal opportunity employer and that we have employment opportunities available and will maintain records of the organizationS' response as positions become available. B. We will maintain a file of the name and addresses of each minority and female applicant referred to us and note what action was taken with each such referred applicant, and if the applicant was not employed, the reasons therefore. Where appropriate, applicant will be sent to union hiring hall for permit to work with our company. C. We will make specific efforts to encourage present minority and female employees to recruit their friends and relatives for positions we have available. D. The company's EEO Coordinator will periodically inventory and evaluate all minority and female personnel in the Laborer category for promotional opportunities and encourage them to seek such opportunities where available. E. The company will make sure that all facilities and company activities are non-segregated with the exception that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. F. The EEO Coordinator Will continually monitor all personnel activities to ensure that the company's EEO policy is being carried out. G. We will solicit bids for subcontracts from available minority aild female subcontractors engaged in the trades for which we need subcontractors. Where necessary, and possible, we will - Ie I I I I I I I I I I I I I I I I I I Mustin concrete ".,' ,~,..,. ..-,' """~'_'''''''~'''''''''''''-''-'''''''''-'''''''''''''-^'"'1'''''~", 140!'i'l~:~;i~;ton rd ;':"" .' ~. .~. ..., .. ",1;:-; . -....;,,~""',.,,~,_._w'" ,,- :~-'<('t<'>-,v '~"" Gr6veioWh'~Ga:~':lO'813~~'~:~"i _~;,2':i0:~',;>,,,,~,~,,~:w,'>,~";;~~.;: ,_~ .'; ':~ ,: ; ./ ,'.... ..",' -'~'\.: ,-' . ....... _""'-"""".., ,y 'f ""',:::~-;""""\ ~ "',/""",~?,-,"",.~--,~, ,",......,_.'"''','_...,,,.'~>~,..'''',-,.,,..,,~''-.'''''''''''',...,.:,-;. ""'-""""""~-"-~<';" "..... . .- .,.. .~ "'y ";:~'.:::~:': \\r::~~',':~~~~,.~;~~~~,;:~;,;J:;:"f~" ~".a..-~.,.-.-~.' ,~,~,.~f ~j, "~'Y~ offer assistance to those minority:.ri1d~feri1a1e subcontractors who bid or are awarded a subcontract with our company. H. We will notify each subcontractor of his respective EEO obligation and actively cooperate with HUD in assuring compliance. Signed:P~ /" name) PJ--t-t?S" (~d~ / (title) Affirmative Action Requirements I Page 412-1 I AHCDD Form 412 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT AFFIRMATIVE ACTION GOALS & TIMETABLE Project #: I - CDBG #08031 I ~ 60-4.2 Solicitations I (d) The following notice shall be included in, and shall be part of, all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of $10,000 to be performed in geographical areas designated . by the Director pursuant to 960-4.6 of this part (see 41 CFR 60-4.2 (a)): I I NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EIMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) I 1. The Offeror's or Bidder's attention is called to the .Equal Opportunity Clause. and the .Standard Federal Equal Employment Opportunity Construction Contract Specifications. set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: I I I Appendix A I The following goals timetables for female utilization shall be included in all Federal and federally assisted construction contracts and subcontracts in excess of $10,000. The goals are applicable to the contractor's aggregate onsite construction workforce whether or not part of that workforce is performing work on a Federal or federally assisted construction contract or subcontract. I I I Timetable Goals 4/1/78 to 3/31/79 3.1 I 4/1/78 - 3/31/80 5.0 4/1/80 - 3/31/81 6.9 I Goals for Women apply nationwide. I I RULES AND REGULATIONS Appendix B SEE CHANGES IN APPENDIX 8. PURSUANT TO OFCCP REGULATIONS, 41 CFR PART 60-4 FOllOWING LAST PAGE OF THIS REGULATION. These goals are applicable to al the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goalS established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to . Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written .notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract: and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is within the city limits or adjacent thereunto of Augusta, Richmond County, Georgia. ~ 60-4.3 Equal opportunity clauses (a) The equal opportunity clause published at 41 . CFR 60-1.4(a) of this chapter is required to be included in, and is part of, all nonexempt Federal contracts and subcontracts, including construction contracts and subcontracts. The equal opportunity clause published at 41 CFR 60-1.4(b) is required to be included in, and is a part of, all nonexempt federally assisted construction contracts and subcontracts. In addition to the clauses described above, all Federal contracting officers, all applicants and all nonconstruction contractors, as applicable, shall include the specifications set forth in this section in all Federal and federally assisted construction contracts in excess of $10,000 to be performed in geographical areas designated by the Director pursuant to Sec. 60-. 4.6 of this part and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of nonconstruction Federal contracts and subcontracts covered under the Executive order. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authOrity; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarteriy Federal Tax Retum, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iil) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, SoutheastAsia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and I Page 412-2 - I AHCDD Form 412 I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT AFFIRMATIVE ACTION GOALS & TIMETABLE Project #: I . timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall Implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted constuction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are pUblished periOdically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation. and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention .to minority or female individuals working at such sites or in such facilities. I I I I I I I I I I I I I I I b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of. each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that. the union referral process has impeded the Contractor's efforts to meet Its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor.. The Contractor shall provide notice of these programs to the sources compiled under 7b above. 1. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newpaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy extemally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the' acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities. shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other busi ness associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in VOluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through pl. The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling anyone or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are refiected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). I I AHCDD Form 412 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT AFFIRMATIVE ACTION GOALS & TIMETABLE I I 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Govemment contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and. its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the . Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a. responsible official to monitor. all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Govemment and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). (b) The notice set forth in 41 CFR 60-4.2 and the specifications set forth in.41 CFR 60-4.3 replace the New Form for' Federal Equal Employment Opportunity Bid Conditions for Federal and Federally Assisted Construction published at 41 FR 32482 and commonly known as the Model Federal EEO Bid Conditions, and the New Form shall not be used after the regulations in 41 CFR Part 60-4 become effective. I I I I I I I I I I I I I I I I Project #: I I I I Until further notice, the following goals for minority utilization in each construction craft and trade shall be included in all Federal or federally assisted construction contracts and subcontracts in excess of $10,000 to be performed in the respective geographical areas. The goals are applicable to each nonexemptcontractor's I total onsite construction workforce. regardless of whether or not part of that workforce is performing work on a Federal, federally assisted or nonfederally related project. contract or subcontract. I I I I I I I I I I I I I I AHCDD Form 412 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT AFFIRMATIVE ACTION GOALS & TIMETABLE Project #: CHANGES IN APPENDIX B PURSUANT TO OFCCP REGULATIONS - 41 CFR PART 60-4 Construction contractors which are participating in an approved Hometown Plan (see 41 CFR 60-4.5) are required to comply with the goals of the Hometown Plan with regard to construction work they perform in the area covered by the Hometown Plan. With regard to all their other covered construction work, such contractors are required to comply with the applicable SMSA or EA goal, contained in this Appendix B-80. APPENDIX 8-80 GOALS FOR MINORITY UTILIZATION Auqusta. GA. Goals (Percent) . MINORITY FEMALE SMSA Counties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Columbia, Richmond & Aiken, S.C. 27.2 6.9 Non-SMSA Counties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Burke. Emanuel, Glascock, Jefferson, Jenkins, Lincoln, McDuffie, Taliaferro, Warren, and Wilkes 32.8 Form 501 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Project #: CDBG 04037 I I I I I I I I I I I I I I I I I PAYMENT & PERFORMANCE BOND (See Attachment) 501-1 I I I ~Wf Western Surety Company PAYMENT BOND Bond Number: 70692670 I KNOW ALL PERSONS BY THESE PRESENTS, That we Jeb Boqqus Construction, LLC I I I I I I I I I I I I I I I of 118 N. Belair Road, Suite 1, Evans, GA 30809 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto Augusta-Richmond County Commission of 530 Greene Street,Municipa1. Buildinq, Augusta, GA 30911 , hereinafter referred to as the Obligee, in the sum of Eiqhtv-Four Thousand Five Hundred and 00/100 Dollars ($ 84,500.00 ),for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated 26th day of March 2009 ,fur Shiloh Comprehensive Community Center New Walking Track and Basketball Court Renovations copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 1st April 2009 day of Jeb Boqqus Construction, LLC By ~;nc;pao ::ster~) ASHLiY~~MITH (S;~ ( / f I I I I I I I I I I I I I I I I I I I I Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70692670 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint ASHLEY LANS FORD SMITH its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its . behalf as Surety, bonds for: Principal: Jeb Boggus Construction, LLC Obligee: Augusta-Richmond County Comission Amount: $500,000.00 and to bind the Company thereby as fully and to the Sanle extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of West em Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation shall be executed in the corporate nanle of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of 2010 , but until such time shall be irrevocable and in full force and effect. Januarv 1 In Witness Whereof, Westem Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its co ,,"~_al to be affixed this 1 s t day of Ap r i 1 2 0 0 9 .,...~ .~."..-:-::#~- nn!:.~r ia~,~ 1::;7;) ST~~ - .' } ss co - On this 1st day of April ,intheyear 2009 ,beforeme, a notary public, personally appeared Paul T. Bruflat, who being to me duly swom, acknowledged that he signed the above Power of Attomey as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. +.................~......~.............. + & ~ ~ D. KRELL $ ~ f) .J .r~NorAR'f PUBLIC~~ . 1~SOUTH DAKOTA~ otary Public - South Dakota .r .r +......~....,..........................,.......... + My Commission Expires November 30,2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attomey is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attomey is now in force. In testim!my whereof, I have hereunto set my hand and seal of West em Surety Company this Aprll , 2009. 1st day of Form F5306-9-2006 I I I I I I I I } ACKNOWLEDGMENT OF SURETY STATE OF Georgia (Attorney-in-Fact) Bond No. 70692670 COUNTY OF Richmond ss On this / day of o/~ ;Z {lD1 ,before me, a notary public in and for said County, personally appeared ASHI,EY LANSFORD SMITH to me personally known and being by me duly sworn, did say, that he is the Attorney-in-Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South'Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said ASHLEY LANSFORD SMITH acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Auqusta Georg ia , the day and year last above written. I I I I My corrunission expires Notary Public, Linl.~'Qin Cuuntlj. Georgia My Commission Expires Sept. 9. 2009 Form 106-4-2000 cAh .JJ:?~;J Notary Public I I I I I I I I I I ~'V Western Surety Company PERFORMANCE BOND Bond Number: 70692670 I KNOW ALL PERSONS BY THESE PRESENTS, That we Jeb Boqqus Construction, LLC I I I I I I I I I I I I I I I of 118 N. Belair Road, Suite 1, Evans, GA 30809 referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto Augusta-Richmond County Commission of 530 Greene Street.Municipal. Buildino. Augusta. GA 30911 , hereinafter , hereinafter referred to as the Obligee, in the sum of Eighty-Four Thousand Five Hundred and 00/100 Dollars ($ 84, 500 . 00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the 26th March day of 2009 ,forSlliloll Comprp.llp.nsivp. Commllnity Cp.ntp.r Np.w W<'Ilking '1'r<'lck <'Inri R<'I skp.th<'l 1 1 Court Renovations NOW, THEREFORE, if the Principal shall faithfuily perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or. successors of the Obligee. SIGNED, SEALED AND DATED this 1st April 2009 day of Jeb Boggus Construction, LLC (Principal) By ~ (Seal) By Form F4597 I I I I I I I I I I I I I I I I I I I ~Wf Western Surety Company BID BOND (Percentage) Bond Number: 70664256 KNOW ALL PERSONS BY THESE PRESENTS, That we Jeb Boqqus Construction, LLC of 118 N. Belair Road, Suite 1, Evans, GA 30809 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto Ci tv of Auausta of 530 Greene St., Room 605, Augusta, GA 30901 hereinafter referred to as the Obligee, in the sum of amount bid, for the payment of which we bind ourselves, jointly and severally, firmly by these presents. Ten . 10 %) percent of the greatest our legal representatives, successors and assigns, WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Shiloh Comprehensive Community Center New Walkina Track and Basketball Court Renovations 1 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 17th 2009 day of February Jeb Boggus Construction, LLC (Principal) By (Seal) Form F5876 I I I I I I I I I I I I I I I I I I I Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70664256 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint ASHLEY LANSFORD SMITH its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principru: Jeb Boggus Construction, LLC Obligee: City of Augusta Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attomey(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of West em Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of 2 0 0 9 ; but until such time shall be irrevocable and in full force and effect. May 17 In Witness Whereof, Western Surety Company has caused these presents- to be signed by its Senior Vice President, Paul T. Bruflat, and its co #,f;;_be affixed this 17th day of Februarv 2009 #,-. i.. ..:~.... l~~Y gn~~"\- ~:.~! .=...y.....~ ~-:t~A..:O -.- t}l~~~A~mJ STNf" . CO~l__ } ss On this 17th day of February , in the year 2009 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly swom, acknowledged that he signed the above Power of Attomey as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. +..............................-............ + '" () ~ i D. KRELL ~ flU! ~ J ~~gr~':J ~=~~1 otary Public - South Dakota I r +,~~,~~~~~~~~~~~~~~~~~~~+ . My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attomey is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of West em Surety Company this February ?009 17th day of Form F5306-9-2006 I I I I I I I STATE OF COUNTY OF Georgia RICHMOND } ACKNOWLEDGMENT OF SURETY (Attorney-in-Fact) 55 Bond No. 70664256 I On this day of , before me, a notary public in and for said County, personally appeared ASHLEY LANSFORD SMITH to me personally known and being by me duly sworn, did say, that he is the Attorney-in-Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said ASHLEY LANSFORD SMITH acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. J i IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal' a V S- My oommi"ion '''Pi", AUGUSTA (~. - ::r~~~t~h~"Y ""d y,ar last abov, written. Nomi'J Ptleilo, Ul"ic5lf'i C-omdy GeorgIa -- ~ ~ Notary Public My Commission Expii'G8 sspi. 9, 2009 Fonn10~2000 . I' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Form 502 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Project #: CDBG 08031 INSURANCE (See Attachment) 502-1 - ACORD TM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) ODUCER (706)650-6000 FAX (706)650-6001 Blanchard & Calhoun Ins Agency, Inc. I 0 Box 212359 ugusta, GA 30917-2359 Patricia Partridge lURED Jeb Boggus Construction, LLC PO Box 2090 Evans, GA 30809 04/23/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Builders Insurance Group INSURERB: Selective Insurance INSURER C: INSURER 0: INSURER E: NAIC# I ~ THE POLICiES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING JNY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICiES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH OLlCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~~ ~~~~ TYPE OF INSURANCE POLICY NUMBER 6~}J~~~r~g~W~1 ~~~WiMif,hb~W~ GENERAL LIABILITY GLP000099905 05/08/2009 05/08/2010 EACH OCCURRENCE $ Xl COMMERCIAL GENERAL LIABILITY ~~~~~~J9E~~~~~~ence' $ =:]=:J CLA!MS MADE [K] OCCUR MED EXP (Anyone person) $ j GEtl'L AGGREGATE LIMIT APPLIES PER: I POLICY n .m?;: . n LOC LIMITS PERSONAL & ADV !NJURY $ $ PRODUCTS. COMP/OP AGG $ 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 GENERAL AGGREGATE I AUTOMOBILE LIABILITY -. , ANY AUTO - _ ALL OWNED AUTOS SCHEDULED AUTOS - X HIRED AUTOS - X NON-OWNED AUTOS - S1625451 05/08/2009 05/08/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 I BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ - PROPERTY DAMAGE (Per accident) $ I I GAIUlGE LIABILITY - ANY AUTO - AUTO ONLY - EA ACC!DENT $ OTHER THAN AUTO ONLY: EA ACC $ AGG $ EXCESS I UMBRELLA LIABILITY = OCCUR D CLAIMS MADE EACH OCCURRENCE AGGREGATE $ $ $ $ $ I - DEDUCTIBLE - RETENTION WORKERS COMPENSATION I AND EMPLOYERS' LIABILITY Y IN ~~~I~~g.~.fd~,1~W~~~m6~~;ECUTIVED (Mandato~1 in NH) If yes, describe under SPECIAL F ROVISIONS below OTHER $ WCV002620702 08/25/2008 08/25/2009 X IWCSTATU- I IOTH- TORY LIMITS I ER ~L._~_~~C~~~!"T___~__~OO!..!>OO E.L. DISEASE - EA EMPLOYEE $ 100, 000 E.L. DISEASE. POLICY LIMIT $ 500,000 I 10E:SCRI.PTION 0 = OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS b: Shiloh Convnunity Center Site Work improvements rtificate holder is named as an additional insured ~ li~ r~ ~11- d )~( r ~ 'i 2009 r"\ "C'.., \ \ \. .-/ lRTIFICATE HOLDER CANCELLATION -,,-~.~.,_.......-. > I Augusta Housing & Convnunity Development Department 925 Laney Walker Blvd, 2nd Floor Augusta, GA 30901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE tJJ, 1$:Jr I Ash Smith/MAR ACORD 25 (2009/01) FAX: I 706.821.1784 @ 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD- I I IMPORTANT I I If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I DISCLAIMER I This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively_ or negatively amend, extend or alter the coverage afforded by the policies listed thereon. I I I I I I I I I I I ACORD 2!i (2009/01)' I - I I I I I I' I .1 I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT This AgrC!ement .isbetween (Contractor): JebBo us Construction, LLC 118N.Belair Road, Suite 1 Evans,GA 30809 and (Subcontractor): Gre 0 Bennett 3 N 1. Concrete 3907 Rainstone Court Au usta, GA 30906 /)00 JJOD ;3 "7llJ Project: Project #: Shiloh Community Center Site Work. Improvements CDBG #08037 Grade,install fill, compact, form, pour/finishconcrete. Remove forms,joint sidewalk per plans. Backfill- fine grade underbrush around fenced areas - and areas needed .Totalprice of project: $ $5,000.00 _........ m..m,J..>"'.;............. m.........,~~)'1,_'1III!.;vmttilJ .' . '.' :v _,' _: ::'".:. , '...". >.~, _ -a'__. _:" _ _ - : _ _ _',_ _-if' ,':_ ,if;<;'~, 'i !!:.'J;i".& ':; "",;,.<~o ;._ '_:' _:_,; ~~-" t,;"_:- _ "'_.:,..:.",.._ '-'-. -. '..'~ >.: -, :,,_' _ _' ..' -~ ., - - ---li.~"Wi Terms of. payment: 30 days after Architect Approval Date The Subcontractor ..identified above, under penalty of law, certifies that he is properly licensed to perform the services. specified in the State of Georgia. The Subcontractor further certifies thathe.has not been barred from participating in Federally funded construction projects, either under this company name of any previous company. name. The Subcontractor warrants all materials and workmanship for a period of one year fromtheda~e of completion or the'full period of the manufacturer's warranty, whichever is longer. All work will comply with the standards outlined in the Housing & Community Development Department Contractor's Handbook & Performance Manual. Ol~-06-0 9 r)()~) :_~; /!- - U4/~4/~UU9 FRI lUI~~ ~AX 106 722 HH2H Keybohm Soarborough Ina. llIoo21003 I 3N1 CONC-01 MEHO ACORDTN I PRODUCER Meybahm SClIlrboroUlih InDuranoe, L.L.C. 3512 Wheeler Road AugUliltlll, GA 30909 (706) 122-B338 DAT'IMMIDDNYYV) 412412009 THIS CERTIFICATE 18 ISSUED AS A MATTiA OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFlCAT~ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER TH 0 BE AFFORDED BY THE P L1CI!!S BEL.OW. CERTIFICATE OF LIABILITY INSURANCE I IN6UII.IZD 3N1 Concrete Gregory Bennett OBA 730 Jennlngll Rd Evanll, GA 30809- INSURERS AFFOROING COVE!RAG! l~.BURefl.A: Old Oominion Inaurani:e~om ny INSURER B: 1I'J9UIliER 0: INSURER D: IN!JUReR e.: NAIC fJ I I COVERAGES THE POLICIES OF INSURANOE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING flINY REQUIREiMENT, TERM OR CONDITION OF ANY CONTRACT DR OTHER DOCUME;NT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLlOles DESCRIBED HEREIN IS SUBJECT TO ALL TH!! Tl!I'MS, EXCLUSIONS AND CONDITIOIIIS OF SUOH POL-lei Ea. AGlilREGATE LIMITS SHOWN MAY HAVE BEEN R6DUCED BY PAID C~IMe. I POUCY NUMIlI!I\ IN ~IMIT!l EACH OCOURRENCE t 5 MEP lOX!' A on. truo~ t "ERG9.~AL" AOV INJURY , CleNI!Ml. AQCJREGATEi II PRODUCTII. COMP/OP AGU .~ A OlWIiRA~ l.IAaILITY X' ~DMMERCIII~ ClENEAAL l.IABILITY MPG2981 A . Cl.AIMll MADE ~ OCClIR 31212008 31212010 I I ~OC I AUTOMOlllLI: l.IMIl.lrr A~ AUTO IILl. OWl/liD AUTOa llCHlADULEO AUToa HIRED AUTOa NON-OWNED AUTOl! Q.OMilINED 81NI31.E LIMIT IEll 8.ooIdlll1l) llOOlLY INJlIRY (Plll'pllI'son) . I aooll...Y 'NJ~ (Pllr IOCXlIdtnll . PROPERlY DAMAGI!: (Per a<lDl1l8n1) I ClAMGII L'''IILITY AflY AUTO AUTO ONl. Y. EA ACCID.~Nr D EAI\CC ~ AClClI . ~J~8~rJ(Q~ I ~.)(r:P.lI$/UMIl"l!LLA L1AIIILlTY . I ... ':UR 0 CLAIMll MADE ~AOH OCCURRI~.S.f , AClGR~ATE . a , . I D~j)UCTI B~~ RETl'NTION WOlUCll". COMPl!Nll"TIQN 1I\Nl) EMPLOYER.' LI"" ".I'IV A~ PROPRIETOR!~ \RTNERIiiXECUTIVE OFFIOI!I'lIMEOMDI!R ~ :CWOIi01 W .. dtac:rlb. u d8l' Oll& I ...~. BA,CH ~CCloI!NT , EL. DI&EAlIE ,!!A ~MPLOYEE S !!.L. Ol8WE . PO~ICY LIMIT $ I I DEeCI'lIPTlOI'l OF OP'RA'HONQ I LOCATlONII V~HICL~ I axCLU&IO~' ADDEO BY eNDOI'l8I:M!:NT' 15PI!CIAL PROVIBIONS I I RTlF1CATE HOl JER I Augu.\1I Hculllting & CommunIty OllJvolopment Dopt 928 LtlrillY Wllllker Blvd Augullta, GA 30901... CANCI!UATI N lIIHOULO ANY O~ llfe: A80VB DICSCRIIlIiO POUClellll!! CANCI!~L5D Uf"OIlIl THlIIIX!>lMTION DAn 'TliI!I'lI!O~, TN! ,88UfNCIIIN3UIIIRR WILL IiiNDEAVOft TO MAil 0_ DAYB WRITTIlN NOTIon TO THII Oll!mI'lDATI HOl.DIiR NAMIiD TO TH!: LIl~T, lur PAIUJI'lIl 'TO DO 80 llHALl IMPoee NO OIlUOAnotl Oft l.'A.IUTY 0' ANY KIND UPOH THE It/lIlIll!!Pl, ITa AGMTlI Oil "I!PI'lUllNTATIVetl. AUTHOI'lIUOI'lI,""lIllIINTATNI! .~ ~ ~~~ .~- ~---_.~~ , ..__.....__..<Ci-ACORDcoRPORATiON..iiili )8r' VVYLE:6 600c 'H 'Jdy I ACORD 26 (2001/00:'-- C'd H 19 'ON - I I TIDS CERTIFICATE IS TO BE POSTED IN A CONSPICUOUS PLACE IN THE BUSINESS HEREIN DESCRIBED. BUSINESS CERTIFICATE AUGUSTA ACCOUNT 2009#038391 ISSUE DATE 04/02/2009 CERTIFICATE ISSUED IN NAME OF 3-N-1 CONCRETE Thursday, December 31,2009 Yearly 04/02/2009-12/31/2009 2009 I TIDS CERTIFICATE EXPIRES I I 235710 CONCRETE I I BUSINESS LOCATION 3907 RAINSTOJffi'CT CERTIFICA ADD GREGORY BENNETI 3907 RAINSTONE CT AUGUSTA, GA 30906 I MAIL~G ADDRESS INFORMATION 3-N-l CONCRETE 3907 RAINSTONE CT AUGUSTA, GA 30906 THE LICENSE AND INSPECTION DEPARTMENT SHALL HAVE THE RIGHT TO SUSPEND ANY CERTIFICATE IF THE BUSINESS VIOLATES ANY LAW OR ORDINANCE OF THE UNITED STATES, THE STATE OF GEORGIA, OR RICHMOND COUNTY. I ORIGINAL 126649 I I I TIDS CERTIFICATE IS TO BE POSTED IN A CONSPICUOUS PLACE IN THE BUSINESS HEREIN DESCRIBED. BUSINESS CERTIFICATE AUGUSTA I BUSINESS LOC~N 3907 RAINSTtJNE CT CERTIFICA SS IN GREGORY BENNETI 3907 RAINSTONE CT AUGUSTA, GA 30906 Thursday, December 31,2009 Yearly 04/02/2009-12/31/2009 2009 TIDS CERTIFICATE EXPIRES I ACCOUNT 2009#038391 ISSUE DATE. 04/02/2009 CERTIFICATE ISSUED IN NAME OF 3-N-1 CONCRETE . 235710 I CONCRETE TRACTOR I I I I MAILING ADDRESS INFORMATION 3-N-l CONCRETE 3907 RAINSTONE CT AUGUSTA, GA 30906 THE LICENSE AND INSPECTION DEPARTMENT SHALL HAVE THE RIGHT TO SUSPEND ANY CERTIFICATE IF THE BUSINESS VIOLATES ANY LAW OR ORDINANCE OF THE UNITED STATES, THE STATE OF GEORGIA, OR RICHMOND COUNTY. COpy 126649 I I I I I I I I I I I I I I I I I I I AUc;USTA"'fJlIs.~"'f:;. ..~. C()~",,!-,NITY DEVELOPMENT DEPARTMENT This Agreement is between (Contractor): JebBo us Construction, LLC 1.18N.BelairRoad, Suite 1 Evans, GA 30809 and (Subcontractor): Gre Bandford Dirt Works 5079 Prior Drive Evans, GA 30809 Project: Project #: Shiloh Community Center Site Work Improvements COBG #08037 Install silt fence with wooden stakes - per plans and maintain Total price of project: $ $1,800.00 Terms of payment: 30 days after Architect Approval 418/iJ~ Dale I-/. -0"5-0 q Date The Subcontractor identified above, under penalty of law, certlles that he is properly licensed to perform the services specified. in the State of Georgia. The Subcontractor further certifies that he has not been baITed from participating in Federally funded construction projects, either under this company name of any previous company name. The Subcontractor warrants all materials and wor~l1lanship for a period of one year from the date of completion or the full ,period of the manufacturer's warranty, whicheveris'Ionger. All work will comply with the standards outlined in the Housing & GommunityDevelopment Department Contractor's Handbo.ok & Performance Manual. 04 - 0 6 - U 9 PU 4 : 0 7 ACORi{. CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDD/YYYY) I PRODUCER (706)650-6000 Blanchard & Calhoun Ins POBox 212359 Augusta, GA 30917-2359 FAX 10 Agency, Inc. 04/21/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I I INSURED Dirtworks 5079 Prior Dr. Evans, GA 30809 INSURERS AFFORDING COVERAGE INSURER A: Ci nci nnati Insurance Company INSURERB: Builders Insurance Group INSURER C: INSURER D: INSURER E: NAIC# 10677 I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~I)D;6 TYPE OF INSURANCE ~2f~~i.,~;68f:,W~\ b~!r~rMilt~W~~~y~ LIMITS LTR NSR POLICY NUMBER GENERAL LIABILITY CAP 5879153 06/25/2006 06/25/2009 EACH OCCURRENCE $ 1,000,000 - X COMMERCIAL GENERAL LIABILITY ~~~~~H9E~~~j;~nce\ $ 100,000 - i CLAIMS MADE 0 OCCUR 5,00U MED EXP (Anyone person) $ A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 I . [Xl PRO- nLOC POLICY JECT AUTOMOBILE LIABILITY CAP 5879153 06/25/2006 06/25/2009 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 - - ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS A X HIRED AUTOS BODILY INJURY X $ NON-OWNED AUTOS (Per accident) X Comprehensive $500. DED PROPERTY DAMAGE X Collision $500. DED (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =] ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 ~ OCCUR D CLAIMS MADE CAP5879153 06/25/2006 06/25/2009 AGGREGATE $ 1,000,000 A $ =] ~EDUCTIBLE $ RETENTION $ $ .. WORKERS COMPENSATION WCV002280502 06/25/2008 06/25/2009 X I TORY LIMITS I IOJ~- AND EMPLOYERS' LIABILITY YIN B ANY PROPRIETOR/PARTNER/EXECUTIVED E.L. EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 100,000 If yes, describe under 500,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS I I I I I I I I I I I CERTIFICATE HOLDER CANCELLATION I I Augusta Housing & Community Department 925 Laney Walker Blvd Augusta, GA 30901 Development SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR I ACORD 25 (2009/01) REPRESENT ATIVES. AUTHORIZED REPRESENTATIVE . /VW }. l. ~ \-\. jJ........ Morrls Moss HITE /~~ @1988.2009 ACORD CORPORA1:ION. All rights reserved. The ACORD name and logo are registered marks of ACORD j I - APR-3-2009 11:36A FROM:DIRT WORKS I I I - - - ACCOUNT -- -'2009#031867 ---- I ISSUE DATE 02/0512009 CERTIFICATE ISSUED IN NAME OF DIRT WORKS I I I I I I I I I I I I I I I 7068632675 TO: 7068558346 P.5/5 THIS CERTIFICATE IS TO BE POSTED IN A CONSPICUOUS PLACE IN THE BVSINESS HEREIN DESCRIBED. BUSINESS(NDOC) CERTIFICATE AUGUSTA GREG BANFORD 5079 PRIOR DR EVANS, GA 30809 Thul"ld.y, December 31, 2009 Yearly 011D1/ZOO9-12I31/Z009 -2009 THIS CERTIFICATE EXPIRES CTOR BUSINESS LOC~N 5079 PRIOR D~ CERTlFICA MAILING ADDRESS INFORMA nON TIlE LICENSE AND INSPECTION DEPARTMENT SHALL HAVE THE RIGHT TO SUSPEND ANV CERTIFICATE IF THE BUSINESS VIOLATES ANY LAW OR ORDINANCE OF THE UNITED STATES, THE STATE OF GEORGIA, OR RICHMOND COUNTY. DIRT WORKS GREG BAUFORD 5079 PRIOR DR EVANS, GA 30909 >. OIUGINAL .t . .. ~ 124010 - I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT This Agreement is between (Contractor): Jab 80 us Construction, LLC 118 N. Belair Road, Suite 1 Evans, . GA 30809 and (Subcontractor): Lenn Hobbs Hobbs & Sons Clearin 5474 HuffsBr. Rd. Dearin ,GA 30808 Project: Project #: Shiloh Community Center Site Work Improvements CD8G #08037 Overlay existing Asphalt, remove vegetation, install goals, stripe basketball court.. Total price of.project: $ $5,900.00 Terms of payment: 30 days after Architect Approval <-/ 1.3/oCj Date _7 /?'~.. Subcontractor's signature f/-:J -j)~ Date The Subcontractor identified above, under penalty of law, certifies that he is properly licensed to perform the services specified in the State of Georgia. The Subcontractor further certifies that he has not been barred from participating in Federally funded .. construction projects, either under this company name .of any previous ,company name. The Subcontractor warrants all materials and workmanship for a p.eriod of one year from the date of completion or the full period of the manufacturer's warranty, whichever is longer. All work will comply with the standards outlined in the Housing & Community Development Department Contractor's Handbook & Performance Manual. 04-0 -G 9 : :) 3 I>: - i~~~~t 200( f55PIi':=JBC . .. CERTIFICATE OF UCEIl tORS InlJut'ance 229 AU9'1sta WtlBt Parkway ugusta GA 30908 Phone:70G-SeB-1610 rax:706-9S0-S134 ~\...I I..J J.1'1'-"..JI\I-II't''-''- INSURI!RS AFFORDING COVI!RAGE NAIC# IN!UP'IlI" A: .......r..:l..,u XAten~_t1......1 'Milt. IO:bb1il , 'zn a!ellL:r::ing tltniu~f i~1Q~~ ~d .U'1ng GA 30909 COVERAG ES THE POl.IClli8 OF INSUR/l.NCI!! LISTED BEl.OW HAVE BE&N UI!UED TO THS II'lIilURED NAM!iiD A.OVE FOR T~& POLICY PERIOO INDIOATED. NoTWITHSTANDING ANY IUOUIREMENT, Tl!!~ OR CONDITION OF ANY CONT""CT OR OiHER DOCUMENT WITH ftE8PECT TO WHICH THI4l c.,.TIFICATE MA~ BE ISSUED oR MAY PERTAIN, THE INSURANCE AFFORDED IIIV THE POLICIES DESCRIBED HliiPl.,N 18 SUBJECT TO ALL THE TERMS. t!XCLU8IONBJ AND CONDITION0 OF SUCH PoLlOIEs. AGGR1iCATE LIMIT8 IlHOWN MAY HA~ BEEN REDUCED Irf PAID OLAlMS. INIURI!Fll\: I~ISURIOR c: INaUll.U DI lNIUIl.&1l ~: s~~oao In~ur.nO@ ~~anies 0' JNaUNANce alNIIW. LII\I!llLIT1 X COMNEllCIAL 19t!Nlil\ALLIAIILI'N CLAIMS MIIDlZ CKl goCUll I'OLIC:'l' NVM'UIR Lit"'" GeNt AGGIl~GI\TE LIMIT A~"~III PIil\Il: POLICY ~ loe AUTOMOIILI LIAlIlLITV AN'l' /lUTO ALL OWNED AUTO' "C~IIIDUU!O AU1'eS HII\!!O AlITOa NOM-OWNeD -,UfOl ~ERgONI\L a. AOV INJURY cUI>lJ;JlAL /lQQIU!G.ATJ "!'lOOVC'" . COM F>1Ol' AGG 11,000.... 000 :i200,OO~.. ,10 , 000 q.' 000 I 000 t 2 , 000.1 000 ,2 000 000 ....Il 01CH4SB41623 03/27/09 Ot;lMIlINID "INOLl! LIMIT (I!!~ ..aldontj eooll.v INJURY We, pn...".) I!lOOIL V INJull'l' (Pfl 'O'ldn"~ PROPERlV OMIAO; (F>OIIGOIGtnt) AUTO ONLY. fA ACOID~N~ OTliI~ ~AN IIUT'Q eN I."" EA Ace I A\1l(i , IKCUlI/UMBIUI.LA LlA~ILlTV OCCUR 0 CLMldll MAD!! EACH oceU~'lQNCll MJQ~l!ClATI WcOOe8!3~e8 11/18/08 n/la/Olil E.., OIBEASli .1IIIl!~P'i.OY!I e.l. oltIAU. .OLICYLIMI1' . . 4100,O~O . 100000 ,...,. ~ 500000 Equi~nt rloae.r OlCR48U1623 03/27/09 O!/27/l0 D..O"I~ION O~ Ol'eRATI & I LOCA"ONll IV1IIHIt:l,ft , IlCClU!lONlI /l0l)!iD 0" ~DORIIUIMINT I 8F>IlCI/l.\. "I'IC"IIlIO~1l CANCELLATION A~gu8ta Hou81nq , Community O.'\Nlcpn.nt Dl!partmont ra~ 706-955-9346 g25 Laney Walk.r aQul_vard Augusta, GA 30iJOl ll>1CULb ""NY 0" TM' ""gOVE DE!l<:fl19E.O PO\.ICliB BI!I C:~Q.LL.O "'01111I THI! Ullllt"''nQN OATIITHlIIU\""', 'TH'" ISSUI~C IN8VII." WILL INDIA....OR 1'0 M/lll. ~ M"'~ WJ\ITTIIlN '-IO'lICIO TO THII C:1I"'''JlIc:ATIIiOLDlllll NA"'l!O 10 TM!! LliFT. UU1' "''''ILUIII TO 00 ID ..HALl. IWl!Oll1 fie oAL.IOATION 01>. LIIWILIT" o~ A.NV 1(11'10 UPON T~II,.,.UII'Il..I" .OIlNTS OR IACORD 1/08) pr 03 09 11: 1 Oa p.1 I COY APRIL 03, 2009 AGENT COPY AGENT: F837/1912 IfOLICY~: 320 8826-A17-1lC HOBBS, LENNY 5430 HUFFS BRIDGE RD I DEARING, GA 30808-2902 001 PHONE#: (H) 706-597-0872 It*VEHICLE SUMMARY** 001 07 DODGE RAM 3500 UTILITY IRG: 010 LRG: CLASS: 5050000000 OXD: 07/17/2006 COY: A 50/100/50, D500, GSOO, UE-250 25/50/25 Iff date: (04/04/09) Curr date: (04/03/09) Time: (11:47 AM) SFPPtI=:0457551827 =~=====~===========~=======================================================~== I VIN: 3D6WG48A47G768977 END **COVERAGE** I A 50/100/50, D500, G500, UE-250 25/50/25 A=Add,C=Chg,D=Delete,S=Suspend,R=Reinstate I (C) B1 I I I I I I I 1M/1M (C) PD 1M fCKI USSERY h-t:\Q"-""t:iQ Tf\1TTTDT.C:: fT.DD\ I I I I I I I I I I I I I I I I I I I I THIS CERTIFICATE IS TO BE POSTED IN A CONSPICUOUS PLACE IN THE BUSINESS HEREIN DESCRIBED. BUSINESS CERTIFICATE AUGUSTA BUSINESS LOCATION 5474 HUFFS BJ1'f5'GE RD CERTIFICA ADD LENNY HOBBS 5474 HUFFS BRIDGE RD DEARING, GA 30808 Thursday, December 31, 2Q09 Yearly 04/03/2009-12/31/2009 2009 TillS CERTIFICATE EXPIRES ACCOUNT 2009#038395 ISSUE DATE 04/03/2009 CERTIFICATE ISSUED IN NAME OF HOBBS & SONS CLEARING, GRADING, P SIC CODE BUSINESS CATEGORY BUS 23599 SPECIAL TRADE MAILING ADDRESS INFORMATION HOBBS & SONS CLEARING, GRADING, PAVING LENNY HOBBS 5474 HUFFS BRIDGE RD DEARING, GA 30808 THE LICENSE AND INSPECTION DEPARTMENT SHALL HAVE THE RIGHT TO SUSPEND ANY CERTIFICATE IF THE BUSINESS VIOLATES ANY LAW OR ORDINANCE OF THE UNITED STATES, THE STATE OF GEORGIA, OR RICHMOND COUNTY. ORIGINAL 126655 TillS CERTIFICATE IS TO BE POSTED IN A CONSPICUOUS PLACE IN THE BUSINESS HEREIN DESCRIBED. BUSINESS CERTIFICATE AUGUSTA BUSINESSLOC~N 5474 HUFFS BRIDGE RD CERTIFICA SS LENNY HOBBS 5474 HUFFS BRIDGE RD DEARING, GA 30808 Thursday, December 31,2009 Yearly 04/03/2009-12/3112009 2009 TillS CERTIFICATE EXPIRES ACCOUNT 2009#038395 ISSUE DATE 04/03/2009 CERTIFICATE ISSUED IN NAME OF HOBBS & SONS CLEARING, GRADING, P 23599 SPECIAL TRADE VICE MAILING ADDRESS INFORMATION HOBBS & SONS CLEARING, GRADING, PAVING LENNY HOBBS 5474 HUFFS BRIDGE RD DEARING, GA 30808 THE LICENSE AND INSPECTION DEPARTMENT SHALL HAVE THE RIGHT TO SUSPEND ANY CERTIFICATE IF THE BUSINESS VIOLATES ANYLA W OR ORDINANCE OF THE UNITED STATES, THE STATE OF GEORGIA, OR RICHMOND COUNTY. COpy 126655 - I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT...DEPARTMENT This Agreement is between (Contractor): Jeb Bo us Construction, . LLC 118N.BelairRoad, Suite 1 Evans, GA30809 and (Subcontractor): Name: Com an : Address: Project: Project #: Shiloh Community Center Site Work Improvements COSG #08037 Repair fences and install gates per plans Total price of project: $ $18,616.00 t.J 10 /D a, ~ ~Yol .. at Terms of payment: 30 days after Architect Approval The Subcontractor identified above, under penalty of law, certifies that he is properly. licensed to perform the services specified in the State of Georgia. The Subcontractor further certifies that he has not been barred from participating in Federally funded construction projects, either under this company name of any previous company name. The Subcontractor warrants all materials. and workmanship for a period of one year from the. date of completion or the. full.. period of the manufacturer's warranty, whichever is longer. All work will comply with the standards outlined in the Housing & Community Development Department Contractor's Handbook & Performance Manual. [) 4 - 0 5 - 09 j : J? i I I I I I I I I I I I I I I I I I I Ap r. 21. 2009 1: 55PM No. 5980 P. 7' J8C .. .. ms CERTIFICATE IS TO BE POSTED IN A CONSPICUOUS PLACE IN THE BUSINESS HEREIN DESCIUBED. BUSINESS CERTIIl'ICA TE AUGUSTA TIUS CERTIFICA n: EXPIRES 2009 ACCOUNT 2009#014720 ISSUE DATE Oll2~f2009 CJ:RTlFICA TE ISSVED IN NAM$ OF MANBJl. BUILDERS SUPPLY CO Thundll)', DllclllDher31, 2009 Yea rly 0110112009-11131/1009 4S3998 MSIC STOll.! TAll. BUSINESS LOCJ.:RON . 3717 WASHIN'6TON RD CERTIFlCA S I FRANK CHANDLER MAILING ADDJlE8S INFORMATION MANER BUILDERS SUPPLY CO FRANK CHANDLER POBOX 204598 AUGUSTA. GA 30917-4S98 THE UCEl'iSE AND INSPECTION DEPARTMENT SHALL JlA VE THE RIGHT TO SUSPEND ANY CERTIYfCA TE IF TllE BUSINESS VIOLATES ANY LAW OR ORDINANCE OF THE UNITED 81 A TES. THE STATE OF GEORGIA, OR RICHMOND COUNTY. COpy 117712 - ACORQM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) I PRODUCER (706) 650-6000 FAX (706) 650-6001 Blanchard & Calhoun Ins Agency, Inc. POBox 212359 Augusta, GA 30917-2359 Patricia Partridge I INSURED Maner Builders Supply Co., Inc. POBox 204598 Augusta, GA 30907 I 04/20/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I COVERAGES INSURERS AFFORDING COVERAGE INSURER A: Cincinnati Insurance Company INSURERB: Cincinnati Casualty Co. INSURER c: INSURER D: INSURER E: NAIC# 10677 28665 I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~~~ TYPE OF INSURANCE 6ffJ~~~~&15~Wil ~~~lfrM~~gj~~.fy~ LIMITS LTR POLICY NUMBER GENERAL LIABILITY COP2315718 01/01/2009 01/01/2010 EACH OCCURRENCE $ 1,000,000 - ~~~~~~J9E~~~J';~encel 100,000 X COMMERCIAL GENERAL LIABILITY $ - tJ CLAIMS MADE [K] OCCUR 5,000 X MED EXP (Anyone person) $ A Contractual incld PERSONAL & ADV INJURY $ 1,000,000 X $250 Ded.on P.D. GENERAL AGGREGATE $ 1,000,000 - 1,000,000 GEN'L AGGREGATE LIMIT APPlS PER: PRODUCTS - COMP/OP AGG $ I .mPRO- POLICY JECT LOC AUTOMOBILE LIABILITY COP2315718 01/01/2009 01/01/2010 COMBINED SINGLE LIMIT - $ X ANY AUTO (Ea accident) 1,000,000 - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) A - X HIRED AUTOS BODILY INJURY - $ X NON-OWNED AUTOS (Per accident) - X Comp DED 500 PROPERTY DAMAGE - $ X Coll DED 1,000 (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =l ANY AUTO OTHER THAN EA ACe $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY COP2315718 01/01/2009 01/01/2010 EACH OCCURRENCE $ 25,000,000 ]] OCCUR o CLAIMS MADE AGGREGATE $ 25,000,000 A UL SERVES TO INCREASE $ =l DEDUCTIBLE AL GL AND EL(WC) LIMITS $ RETENTION $ $ WORKERS COMPENSATION WC890n02-20 01/01/2009 01/01/2010 X I TO'R-7 LIMITS T IUEA'-I AND EMPLOYERS' LIABILITY Y/N B ANY PROPRIETORIPARTNERIEXECUTIVED E.L. EACH ACCIDENT $ 500,000 OFFICERIMEMBER EXCLUDED? NO COVERAGE FOR GA 500,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under NO DEDUCTIBLE .75exp mod 500,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER COP2315718 01/01/2009 01/01/2010 $35,000 Leased or Rented A Equipment Floater $1,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHtCLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: Shiloh Community Center ~ugusta Housing & Community Development is listed as additional insured. I I I I I I I I I I CERTIFICATE HOLDER CANCELLATION I I Augusta Housing & Community Development 925 Laney Walker Blvd. 2nd floor Augusta, GA 30901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .l.L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I ACORD 25 (2009/01) FAX: Preston Moss/MAR 706.821.1784 @ 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I - I I TM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 4/21/2009 ACORD PRODUCER Georgia Administrative Services, Inc 1775 Spectrum Drive Suite 100 Lawrenceville, GA 30043 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I Augusta, GA 30917 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Construction Suppliers' Association Self Insurer's Fund 30006 INSURER B: INSURER C: INSURER D: INSURER E: I INSURED Maner Builders Supply Company P.O. Box 204598 I COVERAGES I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN~: f..~~~ POLICY NUMBER POLICY EFFECTIVE P~~!fJ EXPIRATION LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED I-- 5MMERCIAL GENERAL LIABILITY $ I-- CLAIMS MADE D OCCUR MED EXP IAnv one ""mon' $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ ~'LAGGRnE LIMIT APAS PER: PRODUCTS - COMP/OP AGG $ POLICY F;',L<9..: LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ - ANY AUTO (Ea accident) - ALL OWNED AUTOS BODILY INJURY $ - SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY $ - NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: . ' AGG $ ~ESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ =j DEDUCTIBLE $ RETENTION $ $ WORKERS COMPt;NSATlON AND ....11 !f..~.J!f:T.\h I IOJ~- A EMPLOYERS' LIABILITY 2,000,000 075-001160-09 E.L. EACH ACCIDENT $ 1/1/2009 1/1/2010 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE- POLICY LIMIT $ 2 000 000 OTHER ;:'\;"5 (0J lC:U 17 ""'If' l51 n DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ~( <-=, " ;',! 'ill Project: Shiloh Community Center ',,' ,::r '/(;;"9 ,'~ J t, J I J ' ~. .~ ... I I I I I I I I I I I CERTIFICATE HOLDER AUGUSTA HOUSING & COMMUNITY DEVELOPMENT CANCELLATION I 925 LANEY WALKER BLVD, 2ND FLOOR AUGUSTA, GA 30901 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~~~ @ACORDCORPORATION 1988 I ACORD 25 (2001/08) - AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT This Agreement is between (Contractor): and (Subcontractor): Co Project: Project #: Shiloh Community Center Site Work Improvements CDBG #08037 c/~ 7'--~ -PArw/ J~ /J J, ~/)' Ovv,,-. ,..,t!-~fi <0 r Cvf. C !;.M_ V.4 Lc- 6 -"\.-C, I, v -' /'7 -: /}! h,e?l/h- C6-~I-~{- /I ~CJoZJ Total price of project: $ P ~/~.A' ~~ A-r~ , #,P/'-~ lf~'-tJr Date ' t,-t -q Date The Subcontractor identified above, under penalty of law, certifies that he is properly licensed to perform the services specified in the State of Georgia. The Subcontractor further certifies that he has not been barred from participating in Federally funded construction projects, either under this company name of any previous company name. The Subcontractor warrants all materials and workmanship for a period of one year from the date of completion or the full period of the manufacturer's warranty, whichever is longer. All work will comply with the standards outlined in the Housing & Community Development Department Contractor's Handbook & Performance Manual. O~!,-J -J P:J~;: ~4 - I1V, JJVV Lvvr- I, .Iillll~VU\J CERTIFICATE OF LIABILITY INSURANCE OAre(MlWO~~~ THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFBRS NO RICJHT8 UPON THEi CERTIFICATI HOLDER, THIS CERTIFICATE DO!! NOT AMEND, EXTEND OR AI. TIll' THII COVERAGE AFFORDED BY THE POLICIE$ BiL.OW. I COVERAClle THE POLICI!! OF INSURANCE LISTec ISI!L.OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE POR THI POLICY PIll\IOO INDICATED. NO'lWITIiSTANOlNQ ANY PlI!OUI"!MINT. TI!RM OR COND1110N OF ANY CONTRAcT OR em.!::!", DOCUM!!NT WI'Tl-f RESPECT TO WHICH THIS CERTIFICATE MAY BE IsaUED OR MAY PERTAIN. THE INSURANce AFFORDED 8Y T/'1! POLiCIIS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS 0' SUCH I fll8~OLl~~S. AGOII.eG,4I.TI LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAlMe. L TIl NUO I &OM J 1JE.l"I'EMAN & COMPANY PO Box 2321 Augusta, GA 30~03~2327 722-6441 MIL~ON K WS!1'IN MUSTIN CONCIUl'l'E INC. 140 LEWISTON ROAD GROVETOWN, QA 30813 INSURER 9: INSURER c: INSURER 0: INlIIUIII!R e: L IB2R.!l:Y WTtD.L :I:IIUltl:lLl\)ilQ; COMPANY INa\JIIlI"8 A"'''CRDING COVERAGE INSURE~A: ITY JilANY I I'Q~IC,( Nl,lMIiIQR. I GIiiNIiI\"~ ~IADI~11'l' X COMM!!"CIAl. QI!N~I'lAL L1AEllLl1Y CLAlt.t5MAO!! 0 OCCUR A X G1.271S3S ~ S $ 9/e/09 9/8/09 ~IR"ONAL" /loDV INJURV GEN!;~A\. AGGRIi~A-n; , PROOUCTS . COl.mo~ AOO s COMBINED SINGLE LIMIT (lIa.l:Cldl'llll) aOOIL Y INJURY , (Par perlan) eOOILYlloIJU"Y $ r:>.r .a:ldenl\ ~ PRO~.RTY OAMAQ!! $ (Ptrmlldllc!nll AUTO ONLY. 81\ ACCIDi/liT $ ~Tf.lIiR nlAlol !!AAOO , UTO OIllL'(; AQQ I EACH OCCUI'lI\Ii.NCii . AGCREGATl! & a --. a & 3/14/0~ 3/13/10 E.L EACH ...CCIDliNT e.L OIl!!AIl!!' ~ !!M~LOV!! EL OlliiAlllil . PO~ICV 1.IMIT I I GEN'L AGlGRIlGATI! LIMIT APPU!!& "'ER' POLICY P. I.OC ~OMOBlLE LIABILITY ANVAUTO ALL OWNED AUTO!l rlCHI!DU1.eO AU10S HIRIilD AUTos NONooOWl'leOAUTOS I I I I IOXCIOUIVMJaRIUA LIABILITY I OCCUA f':1 CLAIMS MADE I OEDUCTI91.1i ! RETENTION & WORKERaCOMP6NSAnON~O EMPLO'l'iIl8' LIAIJILITV 4NY aJllO""IITD"JPARTNEIlIEXEt:VT1Vl1 1Il O~~ICI!N~"" IlCCll.UCSl'I If'lt. dl.crille lln:.tr lIPICIAL MlOVIIION& NIow OT~;R WC5-3SS-351158- 02P I I oesCRIPTfON O~ OI"!MTIDN8/ LOOATIOJoJIIIVEHIC1.ES I ;)(C~U"ONII AOC!!O!lV e:NOORUMeNT 'SPECIAL ,.ROVISIONIl I I TE HOLDER NAIC# 1.IMITS I AOGOS:rA HOUSING ~ COMMUNITY DEVELOPMENT Ill!: 5'AA!t'bmNT 825 LANEY WALap. !!LVD, AUGUSTA, GA 30~Ol T1 N SHOULD /lNY O~ 'I'H! A!tovE DESCRIBED pouel" n CANCIlLl.I!D 1ll!!~ORe THE EXPIRA'l'ION O"TI! TH!!I\eo~. TH!! IllllUING INSURER WIL~ IiIlDIlAVOR TO t.AAlLll- OliVE WRITIEN NOTIC; TO T~' CIIRTllfICAT!! HOLDER N/l.'>1eD TO TH! L!PT, IlUT FAI1.UR' TO tlO SO SUAU 1"'''OIlS NO OIl1.IQATION OR LIABILITY O~ ANY I(INO U~ON THI! INlJUI\I!II. 1'1'8 AGeNTS 00 "e,."1!8I!.N'l'....rIV.8. 'J . AUTl40RJZ.IIID R.llp"eSeNT"TIVl! I ACORD 25 (.2QD1 lOB) I if 06 09 03:43p .. end user rUtititi;:S~bbti p.1 nlls CERTIFICATE IS TO BE POSTED IN ;\ CONSPICUOUS PLACE IN THE BllSl:"IESS HEREIN DESCRIBED. UUSllIiESS(!,;,DOC) CERTIFICATE AUGUST A ACCOl',,-r 2009#038413 ISSL"E DATE. 04/06/2009 CERTIFICATE ISSUEI) IN NAME OF MUSTION CONCR.ETE Thursday, December 31,2009 Yearly 04106/2009-] 2/31/2009 2009 THIS CERTIFICATE EXPIRES SIC CODE 235710 BlISI~iESS CO:-lCRETE CA TEGORY .:.",. :(JJ1~ Bt:SINESS LOC,~ 140 LEWISTON'RD CERTIFICAT~ SS Il'iF KEN MUSTIN 140 LEWISTON RD GROVETOWN, GA 308[3 '",--:....__--~i~ .MAILING ADDRESS II'iFORMATJON MUSTIN CONCRETE 14-0 LEWIS TON RD GROVETOWN, GA 30813 THE LICENSE Alii D INSPECTION DEPARTME~T SHALL H.-WE THE RIGHT TO SUSPE='ID ANY CERTlFlCA IE IF TilE BUS.INESS VIOLATES Al'ol' LAW OR ORDINANCE OFTlJE t:NITED STATES, nlE STATE OF GEORGIA, OR RICHMOND COU:"\TY. COpy 126676 I I I I /~ c( L D-iF s-~-2iG /0(// .. I I I I I I - I I Form 503 I I CERTIFICATION OF NON- : SEGREGATED FACiliTIES BY I SUBCONTRACTOR I (See Attachment) I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Project #: CDBG 08031 I I I I I I I I I I I I I I I I I I I Form 503 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Project #: CDBG #08031 CERTIFICATION OF NON-SEGREGATED FACILITIES BY SUBCONTRACTOR' The SUBCONTRACTOR certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location under SUBCONTRACTOR's control where segregated facilities are maintained. The SUBCONTRACTOR certifies further that the SUBCONTRACTOR will not maintain or provide for . . SUBCONTRACTOR's employee any segregated facilities at any of SUBCONTRACTOR's establishments, and that the SUBCONTRACTOR will not permit SUBCONTRACTOR's employees to perform their services at any location under SUBCONTRACTOR's control where segregated facilities are maintained. The SUBCONTRACTOR agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this BID. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or nation origin, because of habit, local custom, or otherwise. This certification is applicable to all contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause SUBCONTRACTOR will retain such certification in SUBCONTRACTOR's files. Note: The penalty making false statements in offers is prescribed in 18 U.S.C. S1001. Date #r1 t ,2009. Official Address By Gregory B nett (Subcontractor's Name) 3907 Rainstone Court As its Owner (Title) Augusta, GA 30906 (City, State, Zip) *Must be included without alteration 503-1 I I I I I I I I I I I I I I I I I' I I Form 503 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Project #: COSG #08031 CERTIFICATION OF NON-SEGREGATED FACILITIES BY SUBCONTRACTOR The SUBCONTRACTOR certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location under SUBCONTRACTOR's control where segregated facilities are maintained. The SUBCONTRACTOR certifies further that the SUBCONTRACTOR will not maintain or provide for SUBCONTRACTOR's employee any segregated facilities at any of SUBCONTRACTOR's establishments, and that the SUBCONTRACTOR will not permit SUBCONTRACTOR's employees to perform their services at any location under SUBCONTRACTOR's control where segregated facilities are maintained. The SUBCONTRACTOR agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this BID. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating . .areas, time clocks, locker rooms and other storage or dressing areas,parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or nation origin, because of habit, local custom, or otherwise. This certification is applicable to all contracts exceeding $10,000 which are not exempt from the provisions of the Equaf Opportunity clause. SUBCONTRACTOR will retain . such certification in SUBCONTRACTOR's files. Note: The penalty for making false statements in offers is prescribed in18 U.S.C.91001. Date ~- '3 ,2009. UBCONTRACTOR) Official Address Dirt Works 5079 Prior Drive Evans, GA 30809 (City, State, Zip) By Greg Bandford (Subcontractor's Name) As its VP Dirtworks (Title) *Must be included without alteration 503-1 - I I I I I I I I I I I I I I I I I I I Form 503 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Project #: CDBG #08031 CERTIFICATION OF NON-SEGREGATED FACILITIES BY SUBCONTRACTOR The SUBCONTRACTOR certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location under SUBCONTRACTOR's control where segregated facilities are maintained. The SUBCONTRACTOR certifies further that the SUBCONTRACTOR will not maintain or provide for SUBCONTRACTOR's employee any segregated facilities at any of SUBCONTRACTOR's establishments, and that the SUBCONTRACTOR will not permit SUBCONTRACTOR's employees to perform their services at any location under SUBCONTRACTOR's control where segregated facilities. are maintained. The SUBCONTRACTOR agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any -contract resulting from acceptance of this BID. As used in this certification, the term "segregated i facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or nation origin, because of habit, local custom, or otherwise. This certification is applicable to all contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause. SUBCONTRACTOR will retain such certification in SUBCONTRACTOR's files. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 91001. Date If '} - 0,,/ ,2009. ~4:/ ( BCONTRACTOR) Official Address Hobbs & Sons Clearing & Grading 5474 Huffs Sr. Rd. By Lenny Hobbs (Subcontractor's Name) As its VP Hobbs & Sons (Title) Dearing, GA 30808 (City, State, Zip) *Must be included without alteration 503-1 I I I I I I I I I I I I I I I I I I I Form 503 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Project #: CDBG #08031 CERTIFICATION OF NON-SEGREGATED FACILITIES BY SUBCONTRACTOR The SUBCONTRACTOR certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location under SUBCONTRACTOR's control where segregated facilities are maintained. The SUBCONTRACTOR certifies further that the SUBCONTRACTOR will not maintain or. provide for SUBCONTRACTOR's employee any segregated facilities at any of SUBCONTRACTOR's establishments, and that the SUBCONTRACTOR will not permit SUBCONTRACTOR's employees to perform their services at any location under SUBCONTRACTOR's . control where segregated facilities are maintained. The SUBCONTRACTOR agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this BID. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or nation origin, because of habit, local custom, or otherwise. This certification is applicable to all contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity lause. SUBCONTRACTOR will retain. such certification in SUBCONTRACTOR's files. Note: The n I prescribed in 18 U.S.C. 91001. Date~Q ~ J 2009. Maner Builders Supply Comoany 3717 Washington Road Augusta, GA 30907 (City, State, Zip) By Chris Davis (Subcontractor's Name) As its Sales ~ ) ~.s (Title) Official Address *Must be included without alteration 503-1 Form 503 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Project #: CDBG #08031 CERTIFICATION OF NON-SEGREGATED FACILITIES BY SUBCONTRACTOR The SUBCONTRACTOR certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location under SUBCONTRACTOR's control where segregated facilities are maintained. The SUBCONTRACTOR certifies further that the SUBCONTRACTOR will not maintain or provide for SUBCONTRACTOR's employee any segregated facilities at any of SUBCONTRACTOR's establishments, and that the SUBCONTRACTOR will not permit SUBCONTRACTOR's employees to perform their services at any location under SUBCONTRACTOR's control where segregated facilities are maintained. The SUBCONTRACTOR agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this BID. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or nation origin, because of habit, local custom, or otherwise. This certification is applicable to all contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause. SUBCONTRACTOR will retain such certification in SUBCONTRACTOR's files. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. S1001. /J1 US -A.,v e &/(/ CR- tr 1'f(JJ L ccP t~ $ 1-u,J ~ Ctf-()ucTfet:o rt/ (94' '4 s!/ ~ (City, State, Zip) , ~~ By ~E~ /J1 usr,',A/ (Subcontractor's Name) As itslr.. e-S ) At: P' (- (Title) Date 'I-~- tJ 7' I ,2009. Official Address *Must be included without alteration 503-1 I I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY Form 504 DEVELOPMENT DEPARTMENT Project #: CDBG 08031 SPECIAL POWER OF ATTORNEY (See Attachment) - I I I STATE OF GEORGIA I I I I I I I I I I I I I I I I 504 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Project #: CDBG 08031 ) ) COUNTY OF RICHMOND ) TO CHESTER A. WHEELER, 11/ SPECIAL POWER OF A DORNEY RE: Shiloh Community Center Site Work Improvements Hereinafter known as "Project" KNOW ALL PERSONS BY THESE PRESENTS: That AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereby constitutes and appoints, and by these presents does make, constitute and appoint CHESTER A. WHEELER, III, of Richmond County, Georgia, as it's true and lawful attorney in fact, in the executing of any or all of the following documents related to, Project: (1) To sign and execute any and all legal instruments, to any person or persons wishing to contract with Augusta Housing and Community Development Department; (2) To sign statements orrelated instruments necessary or convenient to said transaction; (3) To sign, endorse, deposit or issue checks or to receive checks related to the Augusta Housing' and Community Development Department program; and (4) Augusta, Georgia does hereby grant and give unto CHESTER A. WHEELER, III as Director of Augusta Housing and Community Development Department, as its attorney in fact with full authority and power to do and perform any and all other acts necessary or convenient to Project and to perform same as the authorized representative of Augusta, Georgia. This Special Power of Attorney specifically revokes any previously issued Power of Attorney. IN WITNESS WHEREOF, Augusta, Georgia has caused this Power of Attorney to be executed by and through its authorized officials and the seal of the consolidated government affixed this . day of Augusta, Georgia BY: (j~1 ~ ASJS Mayor -- SEAL __ __...,;v;~;;:0't\".\~ "","'" ."J.CI.,C". ND,..' ~"" ;' .~ c,f\~ol!o:'i>"''4.nC) ---0 "t.~.&. .....~ . " t. v.~ ~. .. ''1. ~A ..H ......1."~ 'A . ~ " ~ \4 .. .., ~ 01 .. ; ~ f! :.it"''' v._ . j;I fA.... . ~- 4) d f..t:c \....r. o. , ,~ u\!:' '" ~V:-.. .. '" ~~~;;, -;.,,:~.:.~~)~t!.~.!I>: ~ ~ . "G\<o _~ ;'J!o,.-"""'"' ~ ot~oq 504-1 I I I I I I I I I I I I I I I I I I I AHCDO Form 111 (Rev. 10/06) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT TECHNICAL SPECIFICATIONS Project #: . CDBG 08031 Page 111-1 I 2KM # 08-08.1 SHILOH COMMUNITY CENTER IMPROVEMENTS I Augusta Housing & Community Development Department Augusta, Georgia I TABLE OF CONTENTS I Section Title Pa!!es Cover Cover I Contents Table of Contents 1-2 Contract Table of Contents .1 I Contract Requirements 1 - 113 F Special Conditions Fl - F5 Form "Request for Prior Approval" F6 I Section "F" Exlubit 2 Fl DIVISION 1 GENERAL REOUlREMENTS I 01080 Applicable Codes 1 01090 Abbreviations & Symbols 1-3 01100 Alternates. 1 01300 Submittals 1-2 I 01700 Execution Requirements 1-4 01710 Cleaning. . . 1 ^ 01732 Selective Demolition 1-3 I 01770 Close-out Procedures 1-3 DIVISION 2 SITE WORK 02210 Topsoil & Finish Grading 1 I 02230 Site Clearing 1-3 02300 Earthwork 1-7 02741 Hot-Mix Asphalt Paving 1-6 02821 Chain-link Fences and Gates 1-6 I 02870 Site Furnishings. 1-3 02920 Lawns and Grasses 1-6 I DIVISION 3 CONCRETE 03300 Cast-in-Place Concrete 1-5 DIVISION 4 MASONRY (Not Used) I DIVISION 5 METAL FABRICATIONS (Not Used) I DIVISION 6 WOOD & PLASTICS (Not Used) DIVISION 7 THERMAL & MOISTURE PROTECTION (Not Used) I DIVISION 8 DOORS & WINDOWS (Not Used) DIVISION 9 FINISHES I 09900 Painting 1-6 DIVISION 10 SPECIAL TIES (Not Used) I DIVISION 11 EQUIPMENT 11480 Athletic Equipment 1-4 I TABLE OF CONTENTS Page 1 - I I I I I I I I I I I I I I I I I I I SHILOH COMMUNITY CENTER IMPROVEMENTS Augusta Housing & Community Development Department Augusta, Georgia TABLE OF CONTENTS Section Title DMSION 12 FURNISHINGS DMSION 13 SPECIAL CONSTRUCTION DMSION 14 CONVEYING SYSTEMS DMSION 15 MECHANICAL DMSION 16 ELECTRICAL LIST OF DRAWINGS: GO.! INDEX SURVEY DRAWING - TOOLE SURVEYING COMPANY ARCHITECTIJRAL AO.l ELEVATIONS DEMOLffiON PLAN ALl NEW WORK ELEVATIONS & PLAN TABLE OF CONTENTS 2KM # 08-08.1 Pa!!es (Not Used) (Not Used) (Not Used) (Not Used) (Not Used) Page 2 I I I I I I I I I I I I I I I I I I I F-Ol F-02 F-03 SECTION F SPECIAL CONDITIONS ARCHITECT A. Wherever the term "Architect" appears in these specifications, it shall mean 2KM Architects, Inc., 2275 Wrightsboro Road, Augusta, Georgia 30904, PH: (706) 736-3333; FX: (706) 736- 71 00; E-Mail: mail@2kmarchitects.com. OWNER A. Wherever the term "Owner" appears in these specifications, it. shall mean Augusta Housing and Community Development Department, 925 Laney Walker Blvd., 2nd Floor Augusta, Georgia 30901, PH (70) 821-1797, FX 706821-1784. SHOP DRAWINGS A. Submittals 1. Refer to the individual sections of the Specifications for Shop Drawings. 2. Shop Drawings shall be submitted only for the items requested in the individual Trade Section; however, the Architect may request additional drawings, schedules, and manufacturers brochures to supplement the information needed for the execution of the work. . 3. Shop Drawings of all fabricated work shall be submitted to Architect for approval and no work shall be fabricated by Contractor, save at his own risk, until approval has been given. Four (4) prints of final approved Shop Drawings will be required unless otherwise specified. " 4. Shop Drawings shall be submitted in advance of the. time needed by the Contractor for proper scheduling of work. ., . 5. Shop Drawings not required by the Specifications or requested by the Architect will be returned without action. B. Manufacturers Materials and Equipment. . 1. Shop Drawings shall be in accordance with the Manufacturer's Model Numbers, Specifications, and description called for in the Contract Documents. 2. Where products of acceptable manufacturers or products, as allowed in the Specifications, vary from the details of the Manufacturer or product used as.the basis for the specified or detailed item, any additional labor, materials, or services needed to accommodate such variances shall be accomplished at no iricrease in contract cost. Variances so noted include, but are not limited to, dimensions, locations of outlets, type and number of connections, installation details and capacity of service. C. Contractor's Review 1. The Contractor shall review all Shop Drawings required by the Contract Documents or subsequently by the Architect as covered by modifications and stamp each copy submitted with the date and name of persons making review. 2. Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require. At the time of submission, the Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. D. Samples 1. Samples shall be submitted only when called for in the' Specifications, or when specifically requested by the Owner. F-l I I I I I I I I I I I I I I I I I I I F-04 A. F-05 F-06 F-07 F-08 CHANGES IN THE WORK Changes in the Work. Amend by the addition of the following sub-paragraph: s) The approved Change Order shall be submitted to the Owner in five (5) copies form (original plus four (4) copies) with one (1) copy of all breakdown data and the declaration required. t) Where a time extension is requested, the Contractor shall substantiate by complete back-up (i.e.: letters from vendor's suppliers as to a delay in material shipment, critical path, etc.) SCHEDULE OF VALUES A. Application for Payment. Amend by the addition of the following sub-paragraph: 1. The Contractor shall submit to the Owner, within 10 days after the date of the Preconstruction Conference, a "Schedule of Values" of the various portions of 1:J?e work, quantities aggregating the total Contract Sum, broken down as to facilitate payments to Subcontractors. Each item in the schedule of values shall include its proper share of overhead and profit. This schedule, when approved by the Architect, shall be used only as a basis for the Contractor's Applications for Payment. 2. Use Format acceptable to Architect and Owner. PROGRESS SCHEDULE A. Progress Reports, Amend as follows: PROGRESS REPORTS - Within 10 days after the date of the preconstruction conference, the Contractor shall furnish to the Owner and the Architect a Construction Progress Schedule in accordance with the style and format of a specimen to be furnished by the Owner (copies of which specimen will be furnished to any bidder on.request). 1. The Progress Schedule shall cover the entire Project. This schedule shall indicate-the dates for the starting and completion of the various stages of construction and shall be :revised as required by the. conditions of the Work, subject to the Architect's approval. 2. The Progress Schedule shall cover theentire--time as set forth in the Proposal Form. Early finish dates are acceptable and will not-be cause for rejection of entire progress schedule. 3. Progress Schedule shall indicate anticipated progress on a month-by-month basis. It shall also indicate contract time expired on a month-by-month basis. ACTS AND EXECUTIVE ORDERS A. "The Contractor, by signing the contract, acknowledges that he is' aware of and familiar with the contents and requirements of the following acts and executive orders: 1. The . non-discrimination clause relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex, or nationaIorigiriand the implementing rules and regulations described by the Secretary of Labor are incorporated. " REQUEST FOR "PRIOR APPROVAL" A. Shop Drawing Submittals: Along with the Progress Schedule the Contractor shall submit a Shop Drawing Submittal Schedule, indicating the submittals and the date they will be submitted for review. B. Progress payments will not be made without approved Progress or Shop Drawing Submittal Schedules. F-2 - I I I I I I I I I I I I I I I I I I I F-9 F-IO F-ll F-12 F-13 F-14 INSPECTION OF EXISTING SITE A. All Bidders shall inspect existing site conditions prior to Bid and include all costs. B. The Contractor shall give notice in writing to the office of the Owner, prior to commencing work for the purpose of arranging for a joint inspection by (a) the Architect, (b) the Contractor, and ( c) the authorized representative of the Owner, during the course of which inspection the three parties to. the joint inspection shall prepare a schedule identifying and showing the location of any damage to the existing work which is ascertainable by visual inspection. The schedule shall be prepared in two counterpart originals each of which shall be dated and signed on behalf of each party to the joint inspection; An executed and dated counter original shall be filed with: (1) Contractor. (2) Architect. (3) Owner. CONTRACTORS IDENTIFICATION SYSTEM A. All employees of contractors . assigned to perform duties specifically associated with contractual agreements will be identified by wearing legal photo I.D. CONTRACTORE~LOYEESCONDUCT A. The Contractor shall insure that his employees and his Subcontractors employees conduct themselves in a gentlemanly manner while on the site. Gestures, remarks, cat calls,\vhistling, or anything else of a derogatory nature will not be tolerated, and will be sufficient cause for the permanent removal of an employee from this project site. ." TE~ORARY UTll..ITIES A. Temporary Power - Contractor shaH obtain temporary power for construction from local utility company and pay all associated fees and costs. B. Contractor shaH provide temporary toilet facilities for the workmen of the job. Facilities shall . be maintained in clean and sanitary condition,tbroughout their use. . Sanitize area .upon removal. C. Contractor shaH obtain temporary water from local on,..site utility (Augusta Utilities. Department) and pay all expenses and fees. CONSTRUCTION A. Contractor shall request approval from the Owner, regarding access to area at least 72 hours prior to commencing work. Contractor shall submit anticipated schedule in writing indicating dates of access to area required to complete work in accordance with contract documents. B. Construction limits shall be the area of construction limits indicated on the drawings. All construction activities must be limited to this area, except as modified by Contract Documents, such as, access to site, delivery of materials and material storage areas outside construction limits. C. Space Outside Construction Limits - Contractor shall request approval regarding use of space outside construction limits. Request must be made a minimum of 72 hours prior to use of space and must indicate length of time space will be needed. Use of such designated areas shaH be on a temporary basis only for special construction requirements. STORAGE A. Contractor's storage area for materials shaH be limited to the area of construction. Requests F-3 I I I I I I I I I I I I I I I I I I I F-15 F-16 F-17 F-18 F-19 F-20 for use of any area outside construction limits must be made by the Contractor in writing to the Architect. Requests must indicate limits of area requested and time area will be needed. TRASH DISPOSAL A. Contractor shall allow no trash to accumulate and shall remove same from work areas at close of each working day. All debris shall be legally disposed of off site. Burning of material on site will not be permitted. B. Contractor to coordinate with Subcontractors for DAILY CLEANUP as required. PROTECTION OF PROPERTY A. Contractor will be held liable for all damage to personal and real property as a result of his negligence to provide protective measures. B. The construction of the safeguards shall be iD. accordance with standard for Safeguarding Construction, alteration and demolition operations, NFP A 241, 2000 Edition. C. When the need for protection installed no longer exists, the Contractor shall remove such protective devices. WAIVER OF SUBROGATION IN THE MATTER OF "BUILDER'S RISK INSURANCE" A. Reference "Insurance and Bonds". Insurance Shall Provide: 1. '''Builder's Risk Insurance - payment to the Contractor and Owner, as their interest may appear, in an amount equal to 100% oftq.e contract sum covering fire, extende.~ ,coverage, vandalism and malicious mischief. 2. Disposition: Policy and two certificates shall be deposited with the Owner prior to commencement of work... TIME LIMITATION ON INSURANCE REQUIREMENTS: A. Upon receipt of written notice of acceptance of his proposal from the Owner, the Contra~tor shall furnish and deliver to the Owner, in correct form, all insurance reqUired by the General Conditions within ten (10) days after notice. If the ton~tor fails to provide the insuran.ce to the Owner within ten (10) d8.ys, the Owner may electto void the notice of acceptance. The obligation of the bid bond will remain in full force and effect and the money payable thereon shall be paid into the funds of the Owner as liquidated damages for such .failure. This does not relieve the Contractor of the requirement to furnish both Performance and Payment Bond, within ten (10) days after notice. PRECONSTRUCTION CONFERENCE A. The Contractor, upon receipt of the Proceed Order, shall request a "Preconstruction Conference". The request shall be made to the Owner and the Architect B. The "Preconstruction Conference" shall be attended by the Owner, the Contractor, the contractor's major subcontractors, the authorized representatives of the Architect. C. The purpose of the "Preconstruction Conference" is to familiarize all parties with the scheduling of the project, coordination of any phasing required, access to the project area, and review of any special conditions or requirements of the project. DRUG-FREE ENVIRONMENT POLICY A. By exec.uting this contract, contractor certifies that he shall provide a drug-free workplace for his employees and the employees of his sub-contractors'in accordance with the laws of the F-4 I I I I I I I I I I I I I I I I I I I F-21 F-22 F-23 State of Georgia. LIENS A. Not later than fifteen (15) days after the contractor commences work on the property, a Notice of COmInencement shall be filed by the Contractor with the clerk of the Superior Court in the county in which the project is located in accordance with Georgia Law. DELAYS AND EXTENSION OF TIME A. Delays and Extension of Time: (a) Grounds - If the contractor be delayed at any time in the progress of the work by any act or negligence of the Owner or the architect, or of any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the work, or by, strikes, lockouts, pickets, inclement' weather, unforeseeable subsurface conditions, fire, unusual delay in transportation, unavoidable casua1ties,or any causes beyond the Contractor's control, or by any cause which the architect shall decide to justify the delay, then the tinle of completion shall be extended for such reasonable time as the Architect may decide. The contractor expressly agrees that the contractor's sole remedy for such delay shall be an extension of contract time and that the contractor shall make no demand for damages or extended overhead. CHANGES IN THE WORK A. Owner's Right to Make Changes. - The Owner without invalidating the contract may authorize or order extra work or may authorize or order changes by altering, adding to, or deducting from the work, the contract sum being adjusted accordingly. The contractor hereby expressly agrees that the contractor shall have no right to a claim for damages or extended overhead because of changes made by the Owner. Such work is hereinafter designated, "change" or "changes". All such changes shall be performed 'under the conditions of the original contract except that any claim for extension of time caused thereby shall be adjusted at the time of signing of the change order form. F-5 I I I I I I I I I I I I I I I I I I I REQUEST FOR PRIOR APPROVAL Date of Request Job Bid Date Name of Party Proposing Substitute: Project No: Specification Section and Paragraph: Specified item: Proposed Substitute: Manufacturer: 'Deviations from the Specified Item: Manufacturer's Recommendations for use and installation: (List recommendations) Change in Other Work to penmt Use of proposed Substitute: (List changes. Submit drawings if required for clarity.) Technical Data to Support Request for Approval: (List ASTM designations met, submit testing laboratory reports and experience records.) Other Supporting Data: (Submit brochures, samples, drawings.) F-6 .~ - NOTICE TO ALL EMPLOYEES Working on Federal or Federally Financed Construction Projects MINIMUM WAGES You must be paid not less than the wage rate in the schedule posted with this Notice for the kind of work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 hours a week. There are some exceptions. APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. PROPER PAY If you do not receive proper pay, contact the Contracting Officer listed below: AUGUSTA HOUSING 8: COMMUNITY DEVELOPMENT DEPT. 925 Laney Walker Blvd 2nd Floor AUGUSTA, GEORGIA 30901 BELINDA BROWN 706 821-1797 WH Publication 1321 or you may contact the nearest office of the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division has offices in several hundred communities throughout the country. They are listed in the U.S. Government section of most telephone directories under: , u.S. Department of Labor Employment Standards Administration Wage and Hour Division - I I I I I I I I I I I I I I I I I I I DIVISION 1 - GENERAL REQUIREMENTS SECTION 01080 - APPLICABLE CODES PART 1 - GENERAL 1.1 RELATED REQUIREMENTS AND WORK A. The Division 1 General Requirements, Specifications, Drawings, Addenda and Modifications are binding on all work required for this Project ' 1.2 APPLICABLE CODES A. The following Building Codes are currently adopted by the State of Georgia: 1. 120-3-3 2007 State Minimnm Fire Safety Standards 2. ABA Architectural Barriers Act, Accessibility guidelines, 36 CPR, part 1191 3. ADAG 1991 American Disabilities Act Guidelines GA 120-3-20 1997 4. AIA 2006 Guidelines for Design & Construction of Hospital & Healthcare Facilities 5. DHR 290-5-15 Food Services 6. mc 2006 International Building Code (2007 Amendments) 7. IEBC 2003 International Existing Building Code 8. IECC 2006 International Energy Conservation Code (2008 Amendments) 9. IFC 2006 International Fire Code (2007 Amendments) 10. IFGC 2006 International Fuel Gas Cod~ (2007,2008 Amendments) 11. IMC 2006 International Mechanical Code (2007, 2008 Amendments) 12. IPC 2006 International Plumbing Code (2007,2008 Amendments) 13. NFPA 13 2002 Standard for Installation of Sprinkler Systems (wi GA Amendments) 14. NFPA 70 2005 National Electrical Code (NEC) (wi GA Amendments) 15. NFPA 72 2002 NationalFireAlarmCode (wIGAAmendments) 16. NFPA 80 1999 Fire Rated Doors & Windows (wi GA Amendments) 17. ' NFP A 99 2002 Healthcare Facilities 18. NFPA 101 2000 Life Safety Code . 19. NFP A 241 2004 Building Construction & Demolition Operations B. Reference to other applicable codes and standards are made in other sections of this specification. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) 'END OF SECTION APPLICABLE CODES 01080-1 - I nMSION 1 - GENERAL REQUIREMENTS SECTION 01090 - ABBREVIATIONS & SYMBOLS I PART 1 - GENERAL I I 1.1 REFERENCES A. Reference to a technical society, institute, association, organization or governmental authority may be made in the Specifications in accordance with the following abbreviations: AAR American Association of Railroads I AA~HTO American Association of S1ate Highway and Transportation Officials ACI American Concrete Institute I I ADA American with Disabilities Act AECI Association of Edison illuminating Companies AGA American Gas Association,' Inc. AGe Associated General Contractors of America I AGMA American Gear Manufacturers AssociatiQn I I AHC Architectural Hardware Consultants .~ AIA American Institute of Architects AISC American Institute of Steel Construction, AISI American Iron and Steel Institute I I I ANSI American National Standards Institute APA American Plywood Association API American Petroleum Institute ARI Air-Conditioning and Refrigeration Institute ASA American Stindards Association I I ASC American Standards Code ASLA American Society of Landscape Architects ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers I I ASM American Society for Metals ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials I AWl Architectural Woodwork Institute AWPA American Wood-Preservers' Association I ABBREVIATIONS & SYMBOLS 01090-1 - I I I I I I I I I I I I I I I I I I I AWS AWWA CBM CGA CISPI CRSI DFPA EPA ETL FIA PM IEEE IPCEA ISA JIC MCA MIA MSS NBFU NBS NEC NECA NEMA NFPA NSC N1MA NWMA OSHA PCA PCI ABBREVIATIONS & SYMBOLS American Welding Society American W ater Works Association Certified Ballast, Manufacturers Compressed Gas Association Cast Iron Pipe Institute Concrete Reinforcing Steel Institute Douglas Fir Plywood Association Environmental Protection Agency Electrical Testing Laboratories Factory Insurance Association Factory Mutual Institute of Electrical & Electronic Engineers Insulated Power Cable Engineers Association Instrument Society of America Joint Industrial Council Manufacturing Chemists Association Marble Institute of America Manufacturer's Standardization Society of the Valve and Fitting Industry National Board of Fire Underwriters National Bureau of Standards National Electric Code National Electrical Contractors Association National Electrical Manufacturers Association National Fire Protection Association National Safety Code The National Terrazzo and Mosaic Association, Inc. The National Woodwork Manufacturers Association, Inc. Occupational Safety and Health Act Portland Cement Association Prestressed Concrete Institute 01090-2 - I I I I I I I I I I I I I I I I I I I PMA RLM RTMA SAE SCPI sm sn SMACNA SSPC TCA TEMA UL USPS PART 2 - PRODUCTS PART 3 - EXECUTION ABBREVIATIONS & SYMBOLS Pump Manufacturer's Association Reflector Lllmin~iTe Manufacturers Radio-Television Manufacturer's Association Society of Automobile Engineers Structural Clay Products Institute Steel Deck Institute Steel Joist Institute Sheet Metal and Air Conditioning Contractor's National Association Steel Structures Painting Council Tile Council of America Tubular Exchange Manufacturers Association Underwriter's Laboratories United States Product Standard , (Not Used) (Not Used) END OF SECTION 01090-3 I DMSION 1- GENERAL REOUIREMENTS SECTION 01100 - ALTERNATES I PART 1- GENERAL 1.1 RELATED REQUIREMENTS AND WORK I A. Reference the Proposal Form for all work related to this Section for this Project. I 1.2 SUMMARY I A. The Contractor shall furnish all labor, materials, tools, equipment and perform all work and services necessary for all Alternates as shown on drawings and as specified; in accordance with the provisions of the Contract Documents and coordinated with work of all other trades. All prices shall include overhead and profit I B. Although such work is not specifically indicated, furnish and, install all supplementary and ' miscellaneous items, appurtenances imd devices incidental to for a complete installation. I C. Coordinate pertinent related work and modify surrounding work as. required by Contract Documents. I D. All materials and methods of construction used on this project shall conform to the qualifications established by the Contract Documents. 1.3 QUANTITIES I A. When materials, devices or equipment are referred to as if singular in number, it is intended that such reference shall apply to as many such itemS as are requited to complete the work. I PART 2 - ALTERNATES 2.1 ALTERNATES A. State in proposal the amount to be added or deducted from the Base,Bid for each of the Alternates descnbed below. Upon execution of the Contract, implement work and modify work as established under various Alternates as accepted or rejected by the oWner. 'ClarificationS of , . Alternates shall be as follows: I I Deduct Alternate #1: Delete installation of new improvements to the existing basketball court. I Deduct Alternate #2: Delete (3) 12' wide sliding gates at perimeter fence line. I Unit Price #1: (Add or Deduct) Provide material and labor costs for installing 4" thick concrete sidewalk including excavation forming, finishing, Jointing, and restoring grade and grassing per 5' x 20' area. (1 OOsf = - (1) unit) I PART 3 - EXECUTION (Not Used) I END OF SECTION I I I ALTERNATES 01100-1 I I nMSION 1- GENERAL REQUIREMENTS SECTION 01300 - SUBMITTALS I 1.1 PART 1- GENERAL SUMMARY I I I I I I I I I I I I 1.2 I I I I A. The following proVisions shall apply: Contractor shall compile one completed set of approved set of Shop Drawings and submittals to turn in with the 0 & M Manuals. B. Contractor shall submit six prints of each shop drawing to the Architect for review. If corrections are required after the Architect's review, two copies of marked up drawings will be returned to the Contractor for necessary revisions. Contractor shall then resubmit six prints of corrected drawings for final review and distribution. However, if for any, reasons further corrections are necessary, follow the above procedure until no corrections are required. c. For standard manufactured items the Contractor shall submit six copies of all catalogue sheets, vendors' drawings and certified drawings to the Architect for review. If corrections are required after the Architect's review, two copies of marked up drawings will be returned to the Contractor for revision. Contractor shall then resubmit six corrected copies for final review and distnbution. D. Shop drawings submitted for review must bear the stamp of the Contractor stating that they have been checked. It is the Contractor's responsibility to fully check all shop drawings for arrangement and conformance 'with drawings and specifications, and accuracy of dimensions, including coordination of shop drawings submitted on other work under these specifications. If it appears that such checking has been inadequate, even though stamped as being checked, drawings will be returned to the Contractor for, proper checking before further" processing by the Architect regardless of any urgency claimed by the Contractor. The review of such drawings by the Architect will be general only: Such review shall not be interpreted as a checking 9f detailed dimensions or approval of deviations from plans and specifications, unless such a check or deviation is requested at titiie of submission. Review of drawings shall not relieve the Contractor of his responsibility for accuracy of same, nor for the furnishing of all materials required by the contract, even though same may not be indicated on 'the reviewed shop drawings. ' E. F. The Contractor must schedule the submission of shop drawings and schedules to allow the Architect a minimum of ten working days, after receipt, for the review of each submission. The review of a shop drawing does not authorize changes from the' Contract requirements as to materials, workmanship, extent of the work or price unless authorized in a separate Change Order. G. Submit shop drawings, vendor drawings and certified drawings, to the Architect with a transmittal letter or form addressed to 2KM Architects, Inc., 2275 Wrightsboro Road, Augusta, Georgia, 30904. Transmittals shall include the sender's name, the project number, name of the Owner, it list of shop drawing numbers and titles- and quantity of each print submitted. In addition, Contractor shall mark each drawing with the project number and name of the Owner. SAMPLES A. The "General Conditions" covers samples. The following provisions shall also apply: 1. Name of Project ' 2. Location of Project 3. Name of Contractor 4. Material or Equipment Represented 5. Manufacturer's data sheets and drawings, if available B. Approval or acceptance of samples will not preclude the reje<<tion of the completed work. After a material has been approved, no change in brand or make will be permitted, unless satisfactory SUBMITTALS 01300-1 - I I I I I I I I I I 1.6 I I 1.7 I I I I I evidence is presented to and approved by the Architect that the manufacturer cannot make delivery of the approved material on schedule. The right is reserved to require submission of samples of any material or any material lists whether or not particularly mentioned herein. 1.3 CERTIFICATES A. Contractor shall obtain certificates of approval, acceptance and compliance from all authorities having jurisdiction over the work and deliver these certificates to the Architect. The work will not be deemed complete nor will final payment be made until such certificates have been delivered. 1.4 RELEASE OF WAIVER OF LIENS A. Furnish releases and waivers as required by the Contract Documents with final payment application. 1.5 RECORD DRAWINGS A. The Owner will furnish the Contractor one complete set of Drawings to be maintained at the site, and on which, as the work progresses, the Contractor shall record all changes and actual dimensions of the installed work where deviations are made from the original drawings or specifications relative to work included in this contract: B. On completion of the job, the Contractor shall deliver one print of such, corrected drawings to the Architect The Contractor shall make such additional corrections as the Architect may require and shall then deliver the corrected prints to the Owner. C. These Record Drawings are a specific requirement and the Contract will" not be considered complete until they have been submitted in an acceptable form.' WARRANTIES A. The Contractor shall deliver to the Architect, upon demand and upon completiot;l ofall work under this Contract, a written guarantee made out to' the OWner" .satisfactorllY warranting the requirements specified under this section. The Contractor's overall guarantee shall gover a period of one year or longer periods as specified. This guarantee shall be binding upon the Contractor, , his successors and assigns. ' DOCUMENTS REQUIRED PRIOR TO FINAL PAYMENT A. Prior to receipt of FiD.a1 Payment, the Contractor shall deliver to the Architect the following documents in the quantity indicated: (All copies shall have origiD.a1 signatures and seals.) 1. All Affidavits, Warranties, Certifications, and other documents indicated in the General Conditions,' not less than four (4) copies. 2. Operating and Service Manuals on all equipment including Mechanical and Electrical work" including all on-site training, three (3) copies, bound, labeled, and indexed in 3-ring binders, see General Conditions, and Specification Sections. 3. Product Data (tests, labs, etc) for all rated materials (Class A,B,C) installed in the building (paints, fabrics, paper, etc). Also all contractors will be on site with date for each F .M. inspection (scheduled). 4. Waste Manifests for proper disposal o(hazardous waste. S. Manufacturers certificates as required in Article E-6. 6. Contact list of all subcontractors including names, addresses and phone numbers. 7. Comprehensive color section schedules as installed. PART 2 - PRODUCTS (Not Used) (Not Used) I PART 3 - EXECUTION END OF SECTION I SUBMITTALS 01300-2 I I nMSION 1- GENERAL REOUlREMENTS SECTION 01700 - EXECUTION REOUlREMENTS I 1.1 PART 1- GENERAL SUMMARY I I I 1.2 I A. This Section includes general procedural requirements governing execution of the Work including, but not limited to, the following: 1. Conshuction layout. 2. General installation of products. 3. Progress cleaning. 4. Adjusting. 5. Protection of the installed construction. 6. Correction of the Work. SUBMITTALS A. Submit in accordance with Section 01300 Submittals: 1. Detailed Schedule. 2. Protective barrier materillls & layout & installation sequence. I PART 2 - PRODUCTS (Not Used) I 3.1 PART 3 - EXECUTION EXAMINATION I I I I I I I 3.2 I I I A. Existing Conditions: The, existence and location of site improvements, utilities, and other construction indicated as existing are not guaranteed. Before beginning work,' investigate and " verify the existence and location of mechanical and electrical systems and other construction ' affecting the Work. .' 1. Before conStruction, verify the location and points Of connection of all utility services. B. Existing Utilities: The existence and location of utilities and construction indicated as existing. are not guaranteed. Before beginning work, investigate and verify the existence and location of utilities and other construction affecting the Work. 1. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, water-service piping; and electrical services. C. Acceptance of Conditions: . Examine substrates, areas, and conditions, with Installer or Applicator present where indicated for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. 1. Examine rough-in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation. 2. Examine walls, floors, and ceilings for suitable conditions where products and systems are to be installed. 3. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. PREPARATION A. Existing Utility Information: Verify information on utilities that is necessary to adjust, move, or relocate existing work affected by construction. B. Field Measurements: Take field measurements to fit the Work properly. Recheck measurements before installing each product Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid,delaying the Work. EXECUTION REQUIREMENTS 01700-1 I I I c. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically , on Drawings. D. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents, submit a ''Request for Information" to Architect. Include a , ' detailed description of problem encountered" together with recommendations for changing the Contract Documents. Use standard form, numbering and dated. 3.3 CONSTRUCTION LAYOUT I I 3.4 I I I I I I I I I I I 3.5 I I I A. Verification: Before proceeding to layout the Work, verify layout information shown on Drawings, in relation to existing work to remain. If discrepancies are discovered, notify Architect promptly. INSTALLATION A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. 1., Make vertical work plumb and make horizontal work level, crowned for drainage. 2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion. C. D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy. E. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels. F. . ' Templates: Obtain arid distribute to the parties involved temPlates for work specified to be factory prepared and field installed. Check Shop Drawings of other "work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements. ' Anchors and Fasteners: Provide anchors and fasteners as required to anchor each component securely in place, accurately located and aligned with other portions of the Work. 1. Mounting, Heights: Where mounting heights are not indicated, mount components at heights directed by Architect. ' 2. Allow for movement, including thermal expansion and contraction. 3. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, anchor bolts, and itemS with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation. G. H. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints. I. Hazardous Materials: Use products; cleaners, and installation materials that are not considered hazardous. PROGRESS CLEANING A. General: Clean Project site and work areas daily, including common areas. Coordinate progress cleaning for joint-use areas where more than one installer has worked. Enforce requirements strictly. Dispose of materials lawfully. 1. Comply with requirements in NFP A 241 for removal of combustible waste materials and debris. 2. Do not hold materials more than 7 days during normal weather or 3 days if the EXECUTION REQUIREMENTS 01700 - 2 I I I I I I I I I I I 3.6 I I I 3. temperature is expected to rise above 80 deg F (27 deg C). Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose oflegally, according to regulations. B. Site: Maintain Project site free of waste materials and debris. C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. 1. Remove liquid spillS promptly. 2.. Where dust would impair proper execution of the Work, broom-clean the entire work area, as appropriate. ' Installed Work: Keep installed work clean. Clean installed surfaces according to written instruction of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended., If specific cleaning materials are not reconJIl1.ended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. D. E. Concealed Spaces: Remove debris from concealed spaces before covering. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. Waste Disposal: Burying or burning waste materials on site will not be permitted. Washing waste materials down sewers or into waterways will not be permitted. F. G. H. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial COnlpletion. I. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. J. Limiting Exposure: Supervise construction operations to assure that no part of the construction" completed or in progress, is subject to unauthorized access by non-construction personnel during the construction period. ' ADJUSTING A. Adjust operating components for proper operation without binding. B. Test each piece of work to verify proper operation. Test and adjust safety devices. Replace damaged and malfunctioning work. c. Manufacturer's Field Service: If a factory-authorized service representative is required to inspect field-assembled components and installation, comply with manufacturer's qualification requirements. 3.7 PROTECTIVE OF INSTALLED CONSTRUCTION I I A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. B. Comply with manufacturer's written instruction for temperature and relative humidity. 3.8 CORRECTION OF THE WORK I I I A. Repair or remove and replace defective construction. Restore damaged substrates and fmishes. 1. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. B. , Restore permanent facilities used during construction to their specified condition. EXECUTION REQUIREMENTS 01700 - 3 I C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. I D. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired. I I 3.9 SCHEDULE A. Contractor shall develop a detailed schedule & submit for Owner approval. B. Contractor shall minimize duration of construction on site. I I I END OF SECTION I I I I I I I I I I I I EXECUTION REQUIREMENTS 01700 - 4 I DMSION 1 GENERAL REQUIREMENTS SECTION 01710 - CLEANING I PART I-GENERAL I 1.1 RELATED REQUIREMENTS AND WORK I I A. All Division 1 - General Requirements, Specifications, Drawings, Addenda and Modifications are binding on all work required for this Project ' 1.2 SCOPE A. Prior to final acceptance by the Owner, the building and surrounding grounds are to be put in clean and orderly condition. In all instances, the subcontractors are directly responsible for the neatness and orderliness of their work However, it will be the General Contractor's final responsibility to ascertain the entire project is in a thoroughly clean and acceptable condition. I I I I I 1.3 CLEANING A. Clean and remove from site all excess materials B. Clean all exterior areas and fixtures associated with the area of work 1.4 TOUCH-UP A. ' Immediately prior to final acceptance of the building, certain subcontractors are responsible for the finishing touching-up of their work to leave the job in acceptable condition, including the following trades: '- 1. All exterior painting to,be touched-up lis necessary to cover all scratches, imperfections, or damage caused by new work Paint materials shall match ori~l fll.rish materials. 2. All caulking and sealing shall be checked carefully to ascertain thAt there is no damage or imperfections to the new caulking and sealing work I PART 2 - PRODUCTS Not Applicable. PART 3 -EXECUTION Not Applicable. I END OF SECTION I I I I I I I CLEANING 01710-1 I I DIVISION 1- GENERAL REOUlREMENTS SECTION 01732 - SELECTIVE DEMOLITION I 1.1 PART 1 - GENERAL SUMMARY I I 1.2 I I I A. This Section includes the following: 1. Demolition and removal of select portions of site improvements. , B. Related Sections: The follo~g Sections contain reqUirements that relate to this Section: 1. General Conditions for Schedules and Coordination procedures for demolition operations. DEFINITIONS A. Remove: Remove and legally dispose of items except those indicated to be reinstalled, salvaged, or to remain the Owner's property. B. Remove and Salvage: Items indicated to be removed and "salvaged" remain the Owner's property. Remove, clean, and pack or crate items to protect against damage. Idetitifycontents of containers and deliver to Owner's designated storage area. C. Existing to Remain: Protect construction indicated to remain against damage and soiling during demolition. 1.3 MATERIALS OWNERSHIP I I 1.4 I I I I 1.5 I I 1.6 I I I A. Except for items or materials indicated to be reused" salvaged, or otherwise indicated to remain the Owner's property, demolished materials shall become the Contracto(s property and shall be removed from the site with further disposition at the Contractor's option. ' SUBMITTALS A. General: Submit each item in this Article according to Specification Section 01300 Submittals, for information only, unless otherwise indicated. B. Schedule of demolition activities indicating the following: , , 1. Detailed sequence of demolition and removal work, with starting and ending dates for each activity. C. Record drawings at Project closeout according to "Contract Closeout" procedures. 1. Identify and accurately locate capped utilities and other subsurface structural, electrical, or mechanical conditions. QUALITY ASSURANCE A. Demolition Firm Qualifications: Engage an experienced :firm that has successfully completed demolition Work similar to that indicated for this Proj ect B. Regulatory Requirements: Comply with governing EPA notification regulations before starting demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. PROJECT CONDITIONS A. Site improvements to have selective demolition will be vacated and their use will be discontinued. B. Owner assumes no responsibility for actual condition of work to be demolished. 1. Conditions existing at time of inspection for bidding purpose will be p:mintained by Owner as far as practical. SELECTNE DEMOLffiON 01732-1 - I I 1.7 I C. Storage or sale of removed items or materials on-site will not be permitted. SCHEDULING A. Arrange demolition schedule so as not to interfere with Owner's adjacent facility operations; PART 2 - PRODUCTS 2.1 SOIL MATERIALS I I A. Provide temporary barriers and sheeting materials to isolate hazardous work areas and control dust migration from work area. PART 3 - EXECUTION 3.1 EXAMINATION I I I I 3.2 I I I 3.3 I I I A. Verify that utilities encountered during the work have been disconnected, relocated, and capped. B. Survey existing conditions and correlate with requirements indicated to determine extent of demolition required. c. Inventory and record the condition of items to be removed and reinstalled and items to,be removed and salvaged. D. Perform surveys as the Work progresses to detect hazards resulting from demolition activities. UTILITY SERVICES A. Maintain existing utilities indicated to remain in service and protect them against daJm.1ge during demolition operations. 1. Do not interrupt existing utilities serving occupied' or operating facilities, except when authoriZed in writing by Owner and authorities having jurisdiction. Provide temporary services during interrUptions to existing utilities, as acceptable to Owner and to governing authorities. PREPARATION A. Conduct demolition operations and remove debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. ., 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. ProVide alternate routes around closed or obstructed traffic ways as required by governing regulations and building egress. ' B Conduct demolition operations to prevent injury to people and damage to adjacent buildings and facilities to remain. Ensure safe passage of people around demolition area. 1. Erect temporary protection, such as fences where required. 2. Protect existing site improvements, appurtenances, and landscaping to remain. 3.4 EXPLOSIVES A. Explosives: Use of explosives will not be permitted. I 3.5 POLLUTION CONTROLS I I I A. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. B. Clean adjacent improvements of dust, dirt, and debris, caused by demolition operations. Return adjacent areas to condition existing before start of demolition. SELECTNE DEMOLmON 01732-2 I I I I I I I I I I I I I I I I I I I 3.6 DEMOLmON A. Selective Demolition: Demolish portions of the site improvements completely and remove from the site. Use methods required to complete Work within limitations of governing regulations and as follows: 1. Dispose of demolished items and materials promptly. On-site storage or sale of removed items is prolnbited. B. Damages: Promptly repair damages to adjacent work caused by demolition operations. 3.7 DISPOSAL OF DEMOLISHED MATERIALS A. General: Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on-site. B. Burning: Do notburn demolished materials. C. Disposal: Transport demolished materials off Owner's property and legally disposes of them. 3.8 SCHEDULE A. The site will be available for the time of construction. B. All work must be complete and accepted in conformance with documented schedule. " END OF SECTION , ' SELECTIVE DEMOLmON 01732-3 - I I I I I I I I I I I I I I I I I I I DMSION 1 - GENERAL REOUIREMENTS SECTION 01770 - CLOSEOUT PROCEDURES PART I-GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Inspection Procedures. 2. Record Drawings. 3. Closeout Documentation. 4. Operations and Maintenance (0 & M) Manuals. 1.2 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, the Contractor shall complete the following: 1. Prepare a list of items to be completed and corrected "Preliminary Punch List", indicate the value of items on the list, and reasons why the Work is not complete. The Architect will evaluate and add items as necessary at time of inspection.. 2. Advise Owner of pending insurance change over requirements. 3. Submit specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4. Obtain and submit releases permitting Owner 1llll"estricted use of the Work and acces~to services and utilities. Include occupancy permitS, operating certificates, and similar releases. 5. Prepare and submit Project Record "Red Lined Prints", operation and maintenance manuals, and similar final record information." " 6. ' Deliver tools, spare parts, extra materials, and similar items to a location designated by the Owner. Label with manufacturer's name and mod,e1 number where applicable. ,.. 7. Make final change over of permanent locks and deliver keys to Owner. Advise Ownet's , personnel of change over security provisions. 8. Complete startup testing of SYStems. 9. Submit test records and certify water systems sterilization tests. 10. Terminate and remove temporary facilities from Project site, along with mockups; , construction tools, and similar elements. 11. Advise owner of change over in power and other utilities. 12. Submit change over information related to Owner's occupancy, use, operatio~ and maintenance. 13. Complete final cleaning requirements, including touch-up painting. 0, 14. Touch-up and otherwise repair and restore marred exposed finishes to eliminate visual defects. B. Inspection: Submit a written request for inspection for Substantial Completion. 1. ' Results of completed inspection will form the basis of requirements for Substantial Completion. 2. Contractor shall identify the schedule to complete all work for certified "Final Completion~'. 1.3 FINAL COMPLETION A. Preliminary Procedures: Before requesting Final Inspection for determining date ofFinal Completion, complete the following: 1. Submit a Final Application for Payment according to Division 1 Section "Payment Procedures" . 2. Submit certified copy of Architect's Substantial Completion inspection list of items to be completed or corrected (preliminary Punch List), endorsed and dated by Architect The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3. 'Instruct Owner's personnel in operation, adjus~t, and maintenance of products, equipment, and systems. Provide documentation of training. CLOSEOUT PROCEDURES 01770-1 I I B. Inspection: Submit a written request for Final Inspection for acceptance. Indicate areas needing ,correction from Preliminary Punch List Final inspection will require 48 hours prior notice. ' 1.4 LIST OF INCOMPLETE ITEMS (FINAL PUNCH LIST) I A. , Contractor shall submit written estimated schedule for completion to the Owner and Architect. The Architect will coordinate a final review of the remaining items on the Final Punch List I B. Subsequent inspections shall be at the Contractor's expense. PART 2 - PRODUCTS I 2.1 RECORD DRAWINGS I I A. Record Prints: Maintain one set of prints of the Contract Drawings with incorporated Addenda and approved Change Orders. 1. Preparation: Mark Record Prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to prepare the marked-up Record Prints. a. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. b. Accurately record information in an understandable drawing technique. c. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations., 2. Content: Types of items requiring marking include, but are not limited to, the following: a. Dimensional changes to Drawings. b. Revisions to details shown on Drawings. c. Revisions to routing of piping and conduits. d. Revisions to electrical circuitry. e. Actual equipment locations. f. Locations of concealed utilities. g. Changes made by Change Order or Change Directive. h. Changes made following Architect's written orders. i. Details not on the original Contract Drawings. j. Field records for variable and concealed conditions. k. Record information on the Work that is shown only schematically~ 3. Mark the Contract Drawings completely and accurately. 4. , Mark record set with erasable, red-colored pencil. Use other colors to distinguish between changes for different categories of the Work at same location. 5. Mark important additional information that was either shown schematically or omitted from original Drawings. 6. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable. - ," I I I I I I I 2.2 CLOSEOUT DOCUMENTATION I A. Organization of Closeout Documents. Each item shall be indexed with tabs as indicated below in a 3- ring binder (at least 3) completed copies (one original) shall be supplied to the Owner. Obtain specific forms fromAHCDD office. Documents shall be organized and shall include but are not limited to the following: 1. General [Tabl] 1.0 Iridex 1.1 Affidavits a. Non-Influence b. Statutory 1.2 Lien Waivers (Contractor and Subcontractors) 1.3 Consent of Surety for Final Payment 1.4 Contractor's Warranty 1.5 Certificate of Completion I I I I CLOSEOUT PROCEDURES 01770-2 I I I I 2.3 I I I I I I I I I I I I I I I 2. 3. .4. 1.6 List of major subcontractors with contact name, address and phone numbers. Refer to Division 1, Section 01300 for additional submittals and warranties. Refer to each specification section for Close-Out and 0 & M information. Final payment Will not be processed or reviewed by Architect until all Closeout Documents and Operations and Maintenance manuals are completed. B. The balance of the warranties, operations and maintenance material shall be divided into manageable sections and binders. See Section 01300 Submittals. OPERATIONS AND MAINTENANCE MANUAL A. Submit three copies of each manual. Label and index each manual. Include project title and date of ~mi~. ' 1. Use heavy duty 3-ring binders to accommodate data. Provide protective sleeves for loose and odd sized manufacturer's information. Divide manuals into major categories, Division 1 - 16 per specification section: (Where Applicable) a. Tab 1 b. Tab 2 c. Tab 3-12 d. Tab 15 e. Tab 16 2. General- Division 1. Civil/Structural Architectural Mechanical Electrical B. Include all required warranties and manufacturers data as required per each section of the specification. 1. Contractor shall review specification, log and track the necessary warranties. 2. Architect will review submittal log with Owner for completeness. 3. Include procedures to follow and required notifications for warranty claims. c. , Include copies of transmittals for required materials. D.' Include maintenance procedures for installed products. 1. Inspection procedures. 2. Types of cleaning agents to be used and method of cleaning. 3. List of cleaning agents and methods of cleaning detrimental to product. 4. Provide schedule for routine cleaning and maintenance. 5. Repair instructions. END OF SECTION CLOSEOUT PROCEDURES 01770-3 - I DMSION 2 - SITEWORK SECTION 02210 - TOPSOn... & FINISH GRADING I I I PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Topsoil. 2. Finish Grading. 3. Topsoil stripping, stockpiling, and rough grading. 1.2 JOB CONDITIONS I I I I I I I A. Topsoil Quantity: Verify existing quantity sufficient for completion of work of this Section. Where quantity is not sufficient, provide imported topsoil at no addition3.I cost to the Owner. PART 2 - PRODUCTS 2.1 MATERIALS A. Topsoil: Natural, friable, fertile, fine loamy soil possessing characteristics of representing topsoils on the vicinity which produce a heavy growth; free from subsoil, weeds, litter, sods, stiff clay, stones larger than one inch diameter, stumps, roots, trash, toxic substances, or any materials which may be harmful to plant growth or hinder planting operations; having a minimum pH of 6.0 and a maximum pH of7.0 and obtained from naturally well drained areas which have never been stripped before. The pH testing results of the new topsoil shall be submitted to the Owner/Architect prior to beginning planting operations. Topsoil shall not be delivered in a frozen or muddy condition. PART 3 - EXECUTION 3.1 INSTALLATION A. Spread topsoil after sub grade has been regraded and approved by Architect. B. Before depositing and spreading topsoil, rake subsoil surface clean of stones, debris or rubbish and loosen to a depth on-inches. c. Establish finish grades and place topsoil at planting and lawn areas. I I D. Spread, rake, compact and manipulate topsoil to form a settled thickness of 3-inches throughout all lawn areas and a thiclmess of 6-inches throughout all shrub and/or ground cover beds. 1. Finish grade for all areas shall be 2-inches below adjacent paved surfaces or curbs. 2. Allow sufficient space for placement of 3-inch layer of mulch in planting beds. E. Remove hard clods, stiff clay, sods, stones, roots, sticks, and debris over t:-inch. I F. G. Do not spread topsoil in nmddy or frozen conditions. Provide positive drainage from all finished graded areas. ' I I I I H. Remove from site, and legally dispose of, excess topsoil. 3.2 FIELD QUALITY ASSURANCE A. Finish grade shall have a minimnm deviation from proposed grades of not more than I-inch in IO-feet. B. Provide finish surface free of ruts, rocks, and clods. C. Final inspection to determine acceptance of graded areas shall be niade by Architect. 1. Areas which fail to show a uniform grade shall be regraded at Contractor's expense. 2. Repeat until affected areas are approved by Architect. END OF SECTION I TOPSOIL & FINISH GRADING 02210-1 I I I I I I I I I 1.3 I I I I I I I I I I DIVISION 2 - SITE CONSTRUCTION ' SECTION 02230 - SITE CLEARING PART 1- GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Protecting existing trees shrubs groundcovers plants and grass toremain. 2. Removing existing trees groundcovers plants and grass as noted on drawings. 3. 'Clearing and grubbing. 4. Stripping and stockpiling topsoil. 5. Removing above- and below-grade site improvements. 6. Disconnecting, capping or sealing, and removing site utilities as noted on drawings. 7. Temporary erosion and sedimentation control measures. 1.2 DEFINITIONS A. Topsoil: Natural or cultivated surface-soil layer containing organic matter and sand, silt, and clay particles; friable, pervious, and black or a darker shade of brown, gray, or red than underlying sub- soil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 2 inches in diame- ter; and free of subsoil and weeds, roots, toxic materials, or other nonsoil materials. B. Tree Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction, and defined by the drip line of individual trees or the perimeter drip line of groups of trees, unless otherwise indicated. MATERIAL OWNERSHIP .. A. Except for stripped topsoil or other materials indicated to remain Owner's property, cleared mate- rials shall become Contractor's property and shall be removed from Project site. 1.4 SUBMITTALS A. Record drawings, according to Division 1 Section '''Project R~cord Docuhrents," identifyiDg and accurately locating capped utilities and other subsurface structural, electrical, and mechanical con- ditions. ' ' 1.5 QUALITY ASSURANCE A. Preinstallation Conference: Conduct conference at Project site to coordinate the work and confirm qualified workmen are aware of project requirements. 1.6 PROJECT CONDmONS A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site-clearing operations. ' 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities with- out permission from Owner and authorities having jurisdiction. 2. Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. Improvements on Adjoining Property: Authority for performing site clearing indicated on prop- erty adjoining Owner's property will be obtained by Owner before award of Contract. 1. Do not proceed with work on adjoining property until directed by Architect. B. C. Salvable Improvements: Carefully remove items indicated to be salvaged and store on Owner's premises where indicated. D. Utility Locator Service: Notify and schedule utility locator service for area of the Project and identify all utilities before site clearing. E. ' Do not commence site clearing operations until temporary erosion and sedimentation control measures are in place. SITE CLEARING 02230 - 1 - I PART 2 - PRODUCTS I 2.1 SOIL MATERIALS I A. Satisfactory Soil Materials: Requirements for satisfactory soil materials are specified in Divi- sion 2 Section "Earthwork." 1. Obtain approved borrow soil materials off-site when satisfactory soil materials are not available on-site. Conform to type and material use requirements. a. Select structural fill or backfill. b. Topsoil fill. I I 3.1 PART3-EXECUTlON PREPARATION I I 3.2 I I I I 3.3 I I I I I I I I SITE CLEARING A. Protect and maintain benchmarks and survey control points from disturbance during construction. B. Locate and clearly flag trees and vegetation to remain or to be relocatecL C. Protect existing site improvements to remain from damage during construction. 1. Restore damaged improvements to their original condition, as acceptable to Owner. TEMPORARY EROSION AND SEDIMENTATION CONTROL A. Provide temporary erosion and sedimentation control measures to prevent soil erosion and dis- charge of soil-bearing water runoff or airborne dust to adjacent properties and walkways, in accor- dance with; Soil Erosion and Sediment Control Drawings, The Manual for Erosion and Sediment' Control in Georgia and Georgia NPDES Storm water Permit Inspect, repair, and maintain erosion and sedimentation control measures during construction until permanent vegetation bas been established. Remove erosion and ~edimentation controls and restore and stabilize a:reas disturbed during re- moval. B. C. TREE PROTECTION A. Erect and maintain temporary fencing around tree protection zones before starting site clearing. Remove fence when construction is complete. ' 1. Do not store construction materials, debris, or excavated material within fenced area. 2. Do not permit vehicles, equipment, or foot traffic within fenced area. 3. Maintain fenced area free of weeds and trash. B. C. Do not excavate within tree protection zones, unless otherwise indicated. Where excavation for new construction is required within tree protection zones, hand clear and excavate to minimize damage to root systems. Use narrow-tine spading forks, comb soil to expose roots, and cleanly cut roots as close to excavation as possible. 1. Cover exposed roots with burlap and water regularly. 2. Temporarily support and protect roots from damage until they are permanently redirected and covered with soil. 3. Coat cut faces of roots more than 1-1/2 inches in diameter with an emulsified asphalt or other approved coating formulated for use on damaged plant tissues. 4. Backfill with soil as soon as possible. Repair or replace trees and vegetation indicated to remain that are damaged by construction opera- tions, in a manner approved by Architect. 1. Employ an arborist, licensed in jurisdiction where Project is located, to submit details of proposed repairs and to repair damage to trees and shrubs. 2. Replace trees that cannot be repaired and restored to full-growth status, as determined by Architect. ' D. 02230 - 2 I 3.4 I I UTILITIES A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: ' 1. Notify Architect not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Architect's written permission. 3.5 CLEARING AND GRUBBING A. Remove obstructions, trees, shrubs, grass, and other vegetation to permit installation of new con- struction. 1. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated. 2. Cut minor roots and branches of trees indicated to remain in a clean and careful manner, where such roots and branches obstruct installation of new construction. 3. Grind stumps and remove roots, obstructions, and debris extending to a depth of 18 inches below exposed subgrade. 4. Use only hand methods for grubbing within tree protection zone. Fill depressions caused by clearing and grubbing operations with satisfactory soil material unless , finther excavation or earthwork is indicated. ' 1. Place fill material in horizontal layers not exceeding a loose depth of 8 inches, and com- pact each layer to a density equal to specified compaction ,required by Division 2 - Earthwork section. I I I I I 3.6 I I I I 3.7 I B. TOPSOIL STRIPPING A. B. Remove sod and grass before stripping topsoil. Strip topsoil to whatever depths are encountered in a manner to prevent intermingIlhg with under- , lying subsoil or other waste materials. 1. Remove subsoil and nonsoil materials' from topsoil, including'trash, debris, weeds, roots" and other waste materials. ''- C. Stockpile topsoil materials' away from edge of excavations without intermixing :with subsoil. Grade and shape stockpiles to drain surface water. Cover to prevent'windblown dust. 1. Limit height of topsoil stockpiles to 72 inches. 2. Do not stockpile topsoil within tree protection zones. 3. Stockpile surplus topsoil to allow for respreading deeper topsoil on site. SITE IMPROVEMENTS A. Remove existing above and below-grade improvements as indicated and as necessary to facilitate new construction. 3.8 DISPOSAL I I I I I I SITE CLEARING A. Disposal: Remove surplus soil material, unsuitable topsoil, obstructions, demolished materials, and waste materials including trash and debris, and legally dispose of them off Owner's property. END OF SECTION 02230 - 3 I DIVISION 2 - SITE CONSTRUCTION SECTION 02300 - EARTHWORK I PART 1 - GENERAL I 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Condi- tions and Division 1 Specification Sections, apply to this Section. I 1.2 SUMMARY I A. This Section includes the following: 1. Preparing subgrades for slabs-on-grade walks pavements lawns and grasses. 2. Excavating and backfilling for buildings and structures. 3. Drainage course for slabs-on-grade. 4. Subbase course for concrete pavements. 5. Subbase,and base course for asphalt paving. 6. Subsurface drainage backfill for walls and trenches. 7. Excavating and backfilling for utility trenches. 8. Excavating and backfilling trenches for buried:rnechanical and electrical utilities and pits for buried utility structures. I I I 1.3 DEFINITIONS A. Backfill: Soil material or controlled low-strength materia1used to fill an excavation. 1. Initial Backfill: Backfill placed beside and over pipe in a trench, including. haunches to support sides of pipe. ~Final Backfill: Backfill placed over initial backfill to fill atrench. 2. I I B. Base Course: Course placed between the subbasefourse and hot-mix asphalt paving. C. ' Bedding Course: Course placed over the excavatedsubgrade in a ,trench before laying pipe.' I D. Borrow Soil: Satisfactory soil imported from off-site, for use as fill or backfill. I E. Drainage Course: Course supporting the slab-on-grade that also minimi7.es upward capillary flow of pore water. I F. Excavation: Removal of material encountered above subgrade elevations and to lines and dimen- sions indicated. 1. Authorized Additional Excavation: Excavation below subgrade elevations or beyond in- dicated lines and dimensions as directed by Architect. Authorized additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work. ' 2. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions without direction by Architect. Unauthorized excavation, as well as remedial work directed by Architect, shall be without additional compensation. I I G. Fill: Soil materials used to raise existing grades. I H. Subbase Course: Course placed between the subgrade and base course for hot-mix asphalt pave- ment, or course placed between the subgrade and a cement concrete pavement or a cement con- crete or hot-mix asphalt walk. I 1. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill immediately below subbase, drainage fill, or topsoil materials. I J. Utilities: On-site underground and overhead pipes, conduits, ducts, and cables, as well as services to buildings. ' I EARTIIWORK 02300 - I I 1.4 I I I 1.5 I SUBMITTALS A. Material Test Reports: From a qualified testing agency indicating and interpreting test results for compliance of the following with requirements indicated: 1. Classification according to ASlM D 2487 of each on-site and borrow soil material pro- posed for fill and backfill. 2. Laboratory compaction curve according to ASTM D 1557 for each on-site and borrow soil material proposed for fill and backfill. QUALITY ASSURANCE A. Geotechnical Testing Agency Qualifications: An independent testing agency qualified according _, to ASTM E 329 to conduct soil materials and rock-definition testing, as documented according to ASTM D 3740 and ASTM E 548. 1.6 PROJECT CONDITIONS I I I I A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by Architect and then only after arranging to provide temporary utility ser- vices according to requirements indicated. , 1. Notify Architect not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Architect's written permission. 3. Contact utility-locator service for area where Project is located before excavating. B. Demolish and completely remove from site existing underground utilities indicated to be removed. Coordinate with utility companies to shut off services if lines are active. PART 2 - PRODUCTS 2.1 SOIL ~TERIALS I I I I I I I F. I I I EARTHWORK A. General: Provide borrow soil materials when sufficient satisfactory soil materialsirre not available from excavations. B. Satisfactory Soils: ASlM D 2487 Soil Classification Groups GW, GP, GM, SW, SP, and SM, or a combination of these groups; free of rock or' gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. C. Unsatisfactory Soils: Soil Classification Groups GC, SC" CL, ML,OL, CR, MH, OR, and PT ac- cording to ASTM D 2487, or a combination of these groups. 1. Unsatisfactory soils also include. satisfactory soils not maintained within 2 percent of op- timum moisture content at time of compaction. D. Subbase Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natuIal or crushed sand; ASTM D 2940; with at least 90 percent passing a I-I/2-inch sieve and not more than 12 percent passing a No. 200 sieve. E. Base Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, , and natural or crushed sand; ASTM D 2940; with at least 95 percent passing a 1-II2-inch sieve and not more than 8 percent passing a No. 200 sieve. Engineered Fill: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-II2-inch sieve and not more than 12 percent passing a No. 200 sieve. G. Bedding Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; except with 100 percent passing a I-inch sieve and not more than 8 percent passing a No. 200 sieve. 02300 - 2 - I I I I H. Drainage Course: Narrowly graded mixture of washed crushed stone, or crushed or uncmshed gravel; ASTM D 448; coarse-aggregate grading Size 57; with 100 percent passing a 1-l/2-inch sieve and 0 to 5 percent passing a No.8 sieve. I. Filter Material: Narrowly graded mixture of natural or crushed gravel, or crushed stone and natu- ral sand; ASTMD 448; coarse~aggregate grading Size 67; with 100 percent passing a I-inch sieve and 0 to 5 percent passing a No.4 sieve. J. Sand: ASTM C 33; fine aggregate, natural, or manufactured sand. I PART 3 - EXECUTION K. ImperviouS Fill: Clayey gravel and sand mixture capable of compacting to a dense state. 3.1 PREPARATION I I I 3.2 I I I 3.3 I 3.4 I I A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by set- tlement, lateral movement, undermining, washout, and other hazards created by earthwork opera- tions. B. Preparation of subgrade for earthwork operations including removal of vegetation, topsoil, debris, obstructions, and deleterious materials from ground surface. C. Protect and maintain erosion and sedimentation controls during earthwork operations. DEWATERING A. Prevent surface water and ground water from entering excavations, from ,pon<ling on prepared suhgrades, and from flooding Project site and surrounding area. " B. Protect subgrades from softening, undermining, washout, and damage by rain orvv~ter accumula- tion. ' , 1. Reroute surface water runoff away from excavated areas. Do not allow 'Yater to accumu- late in excavations. Do not use excavated trenches as temporary drainage ditches. EXPLOSIVES A. Explosives: Do not use explosives. EXCAVATION, GENERAL A. Classified Excavation: Excavate to subgrade elevations. Material to be excavated will be classi- fied as earth: 1. Earth excavation includes excavating pavements and obstructions visible on surface; un- derground structures, utilities, and other items indicated to be removed; together with soil, boulders, and other materials not classified as rock. 3.5 EXCAVATION I I I 3.6 I I A. Excavate to indicated elevations and dimensions within a tolerance of plus or minus 1 inch. If ap- plicable, extend excavations a sufficient distance for placing and removing concrete formwork, for installing services, other construction, and for inspections. 1. Excavations for Footings and Foundations: Do not disturb bottom of excavation. Exca- vate by hand to final grade just before placing concrete reinforcement. Trim bottoms to required lines and grades to leave solid base to receive other work. EXCAVATION FOR WALKS AND PAVEMENTS A. Excavate surfaces under walks and pavements to indicated lines, cross sections, elevations, and sub grades. EARTHWORK 02300 - 3 I 3.7 SUBGRADE INSPECTION I I I I I I I 3.8 I I 3.9 I I 3.10 I I I I 3.11 I I I A. Notify Architect when excavations have reached required subgrade. B. If Architect determines that unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed. C. Proof-roll subgrade below the building slabs and pavements with heavy pneumatic-tired equip- ment to identify soft pockets and areas of excess yielding. Do not proof-roll wet or saturated sub- grades. 1. 2. Completely proof-roUsubgrade in one direction, repeating proof-rolling in direction per- pendicular to first direction. Limit vehicle speed to 3 mph. Proof-roll with a loaded 10-wheel, tandem-axle dump truck weighing not less thai:L 15 tons. Excavate soft spots, unsatisfactory soils, and areas of excessive pumping or rutting, as de- termined by Architect, and replace with compacted backfill or fill as directed. 3. D. AuthoriZed additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work. E. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or con- struction activities, as directed by Architect, without additional compensation. UNAUTHORIZED EXCAVATION A. Fill unauthorized excavation under foundations or wall footings by extending bottom elevation of concrete foundation or footing to excavation bottom, without altering top elevation. 4an concrete fill, with 28-day compressive strength of 2500 psi, may be used when approved by Architect. 1. Fill unauthorized excavations under other construction or utility pipe as directed by Ar- chitect. STORAGE OF SOIL MATERIALS A. Stockpile borrow soil materials and excavated satisfactory soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust. ' , 1. Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining trees. BACKFILL A. Place and compact backfill in excavations promptly, but not before completing the following: 1. Construction below finish grade including, where applicable, subdrainage, dampproofing, waterproofing, and perimeter insulation. 2. Surveying locations of underground utilities for Record Documents. 3. Testing and inspecting underground utilities. 4. Removing concrete fonnwork. 5. Removing trash and debris. 6. Removing temporary shoring and bracing, and sheeting. 7. Installing permanent or temporary horizontal bracing on horizontally supported walls. B. Place backfill on subgrades free of mud, frost, snow, or ice. UTILITY TRENCH BACKFILL A. Place backfill on subgrades free of mud, frost, snow, or ice. B. Place and compact bedding course on trench bottoms and where indicated. Shape bedding course to provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bod- ies of conduits. EARTHWORK 02300 - 4 - I I I I I 3.12 I I I 3.13 I I I 3.14 I I I I I 3.15 I I I C. Backfill trenches excavated under footings and within 18 inches of bottom of footings with satis- factory soil; fill with concrete to elevation of bottom of footings. Concrete is specified in Divi- ' sion 3 Section "Cast-in-Place Concrete." D. Place and compact initial backfill of satisfactory soil, free of particles larger than I inch in any di- mension, toa height of 12 inches over the utility pipe or conduit 1. Carefully compact initial backfill under pipe haunches and compact evenly up on both sides and along the full length of utility piping or conduit to avoid damage or displace- ment of piping or conduit Coordinate backfilling with utilities testing. E. Backfill voids with satisfactory soil while installing and removing shoring and bracing. F. Place and compact final backfill of satisfactory soil to final subgrade elevation. son.. FILL A. Place and compact fill material in layers to required elevations as follows: 1. Under grass and planted areas, use satisfactory soil material. 2. Under walks and pavements, use satisfactory soil material. 3. Under building slabs, use satisfactory soil material. 4. Under footings and foundations, use satisfactory soil material. B. Place soil fill on subgrades free of mud, frost, snow, or ice. son.. MOISTURE CONTROL A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill soil layer before com- paction to within 2 percent of optimum moisture cqntent. " 1. Dei not place backfill or fill soil materia(on surfaces that are muddy, frozen, or'contain frost or ice. 2. Remove and replace, or scarify and air dry..otherwise satisfactory soil material ~t -ex- ceeds optimum moisture content by 2 percent and is too wet to. compact to specified dry, unit weight COMPACTION OF SOIL BACKFILLS AND FILLS A. Place backfill and fill soil materials in layers not more'than 8 inches in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches in loose depth for mate- rial compacted by hand-operated tampers. B. Place backfill and fill soil materials evenly on all.sides of structures to required elevations, and uniformly along the full length of each structure. C. Compact soil materials to not less than the following percentages of maximum dry unit weight ac- cording to ASTM D 1557: 1. Under walkways, scarify and recompact top 6 inches below subgrade and compact each layer of backfill or fill soil material at 92 percent ' 2. Under lawn or unpaved 'areas, scarify and recompact top 6 inches below subgrade and compact each layer of backfill or :fill soil material at 90 percent 3. For utility trenches, compact each layer of initial and final backfill soil material at 90 per- cent. GRADING A. General: Uniformly grade areas to a smooth surface, free of irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. 1. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft spots, :fill low spots, and trim high spots to comply with required surface tol- erances. EARTHWORK 02300 - 5 I I I 3.16 I I I I I I 3.17 I I I B. Site Grading: Slope grades to direct water away from buildings and to prevent ponding. Finish subgrades to required elevations within the following tolerances: 1. , Lawn or Unpaved Areas: Plus or minus 1 inch. 2. Walks: Plus or minus 1/2 inch. 3. Pavements: Plus or minus 1/2 inch. SUBBASE AND BASE COURSES A. Place subbase and base course on subgrades free of mud, frost,'snow, or ice. B. On prepared subgrade, place subbase and base course under pavements and walks as follows: 1. Install separation geotextile on prepared subgrade according to manufacturer's written in- structions, overlapping sides and ends. 2. Place base course material over subbase course under hot-mix asphalt pavement. 3. Shape subbase and base course to required crown elevations and cross-slope grades. 4. Place subbase and base course 6 inches or less in compacted thickness in a single layer. 5. Place subbase and base course that exceeds 6 inches in compacted thickness in layers of equal thickness, with no compacted layer more than 6 inches thick or less than 3 inches thick. 6. Compact subbase and base course at optimum moisture content to required grades, lines, cross sections, and thickness to not less than 95 percent of maximum dry unit weight ac- cording to ASTM D 1557. ' C. Pavement Shoulders: Place shoulders along edges of subbase and base course to prevent lateral movement. Construct shoulders, at least 12 inches wide, of satisfactory soil materials and com- pact simultaneously with each subbase and base layer to not less than 95 percent of maximum dry unit weight according to ASTM D 1557. DRAINAGE COURSE A. Place drainage course on subgrades free of mud, frost, snow, or ~ce. B. On prepared subgrade, place and compact drainage course under cast-in-place concrete slabs-on- grade as follows: ' . 1. Place drainage course 6 inches or less in compacted thickness in a single layer. 2. Place drainage course that exceeds 6 inches in compacted thickness in layers of equal thickness, with no compacted layer more than 6 inches thick or less than 3 inches thick. 3. Compact each layer of drainage course to required cross sections and thicknesses to not less than 95 percent of maximum dry unit weight according to ASTM D 698. I 3.18 FIELD QUALITY CONTROL I I I I I I A. Testing' Agency: Contractor shall engage and pay a qualified independent geotechnical engineer- ing testing agency to perform field quality-control testing. B. Allow testing agency to inspect and test subgrades and each fill or backfi11 layer. Proceed with subsequent earthwork only after test results for previously completed work comply with require- ments. C. , Testing agency will test compaction of soils in place according to ASTM D 1556, ASTM D 2167, ASTM D 2922, and ASTM D 2937, as applicable. Tests will be performed at the following loca- tions and frequencies: 1. Paved and Building Slab Areas: At subgrade and at each compacted fill and backfill layer, at least 1 test for every 2000 sq. ft. or less of paved area or buildirig slab, but in no case fewer than 3 tests. 2. Foundation Wall Backfill: At each compacted backfill layer, at least I test for each 100 feet or less of wall length, but no fewer than 2 tests. 3. Trench Backfill: At each compacted initial and final backfill layer, at least 1 test for each 150 feet or less of trench length, but no fewer than 2 tests. EARTHWORK 02300 - 6 - I I D. When testing agency reports that subgrades, fills, or backfills have not achiev'ed degree of com- paction specified, scarify and moisten or aerate, or remove and replace soil to depth required; re- compact and retest until specified compaction is obtained. 3.19 PROTECTION A. , Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. I I I I I 3.20 I I, I I I I I I I I I I B. Repair and reestablish grades to specified tolerances where completed or partially completed sur- faces become eroded, rutted, settled, or where they lose compaction due to subsequent construc- tion operations or weather conditions. 1. Scarify or remove and replace soil material to depth as directed by Architect; reshape and recompact c. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. ' , 1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to greatest extent possible. DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off Owner's property in legal landfill. B. Disposal: Transport surplUs satisfactory soil to designated storage areas on Owner's property. Stockpile or spread soil as directed by Architect. 1. Remove waste material, including unsa1jsfactory soil, trash, and debris, and legally dis- pose of it off Owner's property. . ,. END OF SECTION, EARTHWORK 02300 - 7 I I I I I I I I I I I I I I I I I I I DIVISION 2 - SITE CONSTRUCTION SECTION 02741 - HOT-MIX ASPHAL T PAVING PART I-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Condi- tions and Division I Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Hot-mix asphalt patching. 2. Hot-mix asphalt paving overlay. 3. Asphalt surface treatinents. 4. Pavement-marking paint 1.3 DEFINITIONS A. Hot-Mix Asphalt Paving Terminology: Refer to ASTM D 8 for definitions of terms. B. GADOT: Department of Transportation. 1.4 SUBMITTALS A. Product Data: For each type of product indicated. Include technical data and tested physical and performance properties. "=~ B. Job-Mix Designs: Certification, by a1?-thorities having jurisdiction, of approval of each job mix proposed for the Work. 1.5 QUALI~ ASSURANCE .' A. Manufacturer Qualifications: A qualified manufacturer. 1. Manufacturer shall be a paving-mix manufacturer registered with and approved by'au- thorities having jurisdiction or the DOT of the state in which Project is located. B. Testing Agency Qualifications: Qualified accordilig to ASTM D 3666 for testing indicated, as documented according to ASTM E 548. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver pavement-marking materials to Project site in original packages with seals unbroken and bearing manufacturer's labels containing brand name and type of material, date of manufacture, and directions for storage. B. Store pavement-marking materials in a clean, dry, protected location within temperature range re- quired by manufacturer. Protect stored materials from direct sunlight. 1.7 PROJECT CONDmONS A. Environmental Limitations: Do not apply asphalt materials if Sub grade is wet or excessively damp or if the following conditions are not met: 1. Asphalt Surface Overlay Course: Minimum surface temperature of 60 deg F at time of placement. B. Pavement-Marking Paint Proceed with pavement marking only on clean, dry surfaces and at a minimum ambient or surface temperature of 40 deg F for oil-based materials, 50 deg F for water- based materials, and not exceeding 95 deg F. HOT-MIX ASPHALT PAVING 02741 - 1 C. Mineral Filler: AASHTO M 17, rock or slag dust, hydraulic cement, or other inert material. I I 1 I 1 I I I I 1 I I I PART 2 - PRODUCTS 2.1 AGGREGATES A. General: Use materials and gradations that have performed satisfactorily in previous installations. B. Fine Aggregate: AASHTO M 29, sharp-edged natural sand or sand prepared from stone,gfavel, properly cured blast-furnace slag, or combinations thereof; 1. For hot-mix aSphalt, limit natural sand to a maximum of20 percent by weight of the total aggregate mass. 2.2 ASPHALT MATERIALS A. Asphalt Binder: AASHTO MP 1, PG 64-22. B. Asphalt Cement: ASTM D 946 for penetration-graded material. C. Prime Coat: Asphalt emulsion prime complying with Georgia DOT requirements. D. Water: Potable. 2.3 AUXILIARY MATERIALS A. Herbicide: Commercial chemical for weed control, registered by the EP A. Provide in granular, liquid, or wetable powder form. B. Sand: AASHTO M 29, Grade Nos. 2 or 3. C. Pavement Sealer: Polymer modified coal tar emulsion complying with ASTM D-3320 ,/j1:. 'D-490, Grade RT-12. Sealer shall be Po1ytar by Gem Seal, Inc. or approved equal. D. Pavement-Marking Paint: Latex, waterborne emulsion, lead and chromate free, re~dy mixed, complying with FS TI-P-1952, with drying time ofless than 3 minutes. 1. Color: As indicated. ' 2. Install (3) coats. 2.4 MIXES 1 I I I I I A. Hot-Mix Asphalt: Dense, hot-laid, hot-mix asphalt plant mixes approved by GADOTand com- plying with the following requirements: 1. Provide mixes with a history of satisfactory performance in geographical area where Pro- ject is located. 2. Surface Course: Type F 3. Pavement Sealer: Manufacturer's standard mix design for Medium Traffic Rating. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that sub grade is dry and in suitable condition to support paving and imposed loads. B. Treat weeds with herbicide, tape and seal cracks. C. Proceed with pavjng only after unsatisfactory conditions have been corrected. 3.2 PATCHING HOT-MIX ASPHALT PAVING 02741 - 2 - I I I I I 3.3 REPAIRS I I I I 3.4 I I I I I I ~~~,.< A. Hot-Mix Asphalt Pavement: Saw cut perimeter of patch and excavate existing pavement section to sound base. Excavate rectangular or trapezoidal patches, extending 12 inches into adjacent sound pavement, unless otherwise indicated. Cut excavation faces vertically. Remove excavated material. R~compact existing unbound-aggregate base course to form new subgrade. Tack Coat: Apply wiiformly to vertical surfaces abutting or projecting into new, hot-mix asphalt paving at a rate of 0.05 to 0.15 gal.lsq. yd.. I. Allow tack coat to cure undisturbed before applying hot-mix asphalt paving. 2. Avoid smearing or staining adjoining surfaces, appurtenances, and surroundings. Re- move spillages and clean affected surfaces. B. c. Patching: Fill excavated pavements with hot-mix asphalt base mix and, while still hot, compact flush with adjacent surface. A. Leveling Course: Install and compact leveling course consisting of hot-mix asphalt surface course to level sags and fill depressions deeper than 1 inch in existing pavements. B. Crack and Joint Filling: Remove existing plant material from cracks or joints to a' depth of 'li inch. 1. Clean cracks and joints in existing hot-mix asphalt pavement. 2. Use emulsified-asphalt slurry to seal cracks and joints less than 1/4 inch wide. Fill flush with surface of existing pavement and remove excess. 3. Use hot-applied joint sealant to seal cracks and joints more than 1/4 inch wide. Fill flush with surface of existing pavement and remove excess. " SURFACE PREPARATION A. General: Immediately before placing asphalt materials,,remove loose and deleterious materia.! . from substrate surfaces. Ensure that prepared subgrade is ready to receive paving. ' 1. Sweep loose granular particles from surface o~ unbound-aggregate base course. Do not ' dislodge or disturb aggregate embedded in compacted surface of base course. Herbicide Treatment: Apply herbicide according to manufacturer's recommended rates and writ- ten application instructions.' Apply to dry, prepared sub grade or surface of compacted-aggregate base before applying paving materials. ' 1. Mix herbicide with prime coat if formulated by manilfacturer for that purpose. B. C. Tack Coat: Apply uniformly to surfaces of existing pavement at a rate of 0.05 to 0.15 gal./sq. yd~. ' 1. Allow tack coat to cure undisturbed before applying hot-mix asphalt paving. 2. Avoid smearing or staining adjoining surfaces, appurtenances, and surroundings. Re- move spillages and clean affected surfaces. D. Pavement Sealer: Prepare surface in accordance with manufacturer's recommendation and as in- dicated. 3.5 HOT-MIX ASPHALT PLACING A. Machine place hot-mix asphalt on prepared surface, spread uniformly, and strike off. Place as- phalt mix by hand to areas inaccessible to equipment in a manner that prevents segregation of mix. Place each course to required grade, cross section, and thickness when compacted. 1. Place hot-mix asphalt surface course in single lift with positive drainage slope/crown. 2. Spread mix at minimum temperature of250 deg F. 3. Begin applying mix along centerline of crown for crowned sections and on high side of one-way slopes, unless otherwise indicated. , 4. Regulate paver machine speed to obtain smooth, continuous surface free of pulls and tears. 1 I I I HOT-MIX ASPHALT PAVING 02741 - 3 - I I I I I I I I I I I I I I I I 3.8 I I I 3.6 3.7 B. Place paving in consecutive. strips not less than 10 feet wide unless infi11 edge strips of a lesser width are required. ' 1. 'After first strip has been placed and rolled, place succeeding strips and extend rolling to overlap previous strips. C. Promptly correct surface irregularities in paving course behind paver. Use suitable hand tools to remove excess material forming high spots.' Fill depressions with hot-mix asphalt to prevent seg- regation of mix; use suitable hand tools to smooth surface. ' JOINTS A. Construct joints to ensure a continuous bond between adjoining paving sections. Constnict joints free of depressions with same texture and smoothness as other sections ofhot~mix asphalt course. 1. Clean contact surfaces and apply tack coat to joints. 2.- Compact joints as soon as hot-mix asphalt will bear roller weight without excessive dis- placement. 3. Compact asphalt at joints to a density within 2 percent of specified course density. COMPACTION A. General: Begin compaction as soon as placed hot-mix paving will bear roller weight without ex- cessive displacement. Compact hot-mix paving with hot, hand tampers or vibratory-plate compac- tors in areas inaccessible to rollers. 1. Complete compaction before mix temperature cools to 185 deg F. B. Breakdown Rolling: Complete breakdown or initial rolling immediately after rolling joints and outside edge. Examine surface immediately after breakdowri rolling for indicated crown, grade, and smoothness. Correct laydown and rolling operatio~, to comply with requirements. "' .'. :'la C. Intermediate Rolling: Begin intermediate rolling immediately after breakdown rolling while hot- mix asphalt is still hot enough to achieve specified densitY~" Continue rolling until hot-mix asphalt course has been uniformly compacted to the following density: 1. Average Density: 96 percent of reference' laboratory density according to AASHTO T 245, but not less than 94 percent not greater than 100 percent. ,.' 2. ' Average Density: 92 percent of reference maximum theoretical density according to AS1M D 2041, but not less than 90 percent nor greater than 96 percent. D. Finish Rolling: Finish roll paved surfaces to remove roller marks while hot-mix asphalt is still warm. E. Edge Shaping: While surface is being compacted and finished, trim edges of pavement to proper alignment. Bevel edges while asphalt is still hot; compact thoroughly. F. Repairs: Remove paved areas that are defective or contaminated with foreign materials and re- place with fresh, hot-mix asphalt Compact by rolling to specified density and surface smooth- ness. G. Protection: After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened. H. Erect barricades to protect paving from traffic until mixture has cooled enough not to become marked. INSTALLATION TOLERANCES A. Thickness: Compact each course to produce the thickness indicated within the following toler- ances: 1. Surface Course: Plus 1/4 inch, no minus. HOT-MIX ASPHALT PAVING 02741 - 4 - I I I 3.9 I I I I I I I B. Surface Smoothness: Compact each course to produce a surface smoothness within the following tolerances as determined by using a 10-foot straightedge applied transversely or longitudinally to paved areas: 1. Surface Course: 1/8 inch. 2. Crowned Surfaces: Test with crowned template centered and at right angle to crown. Maximum allowable variance from template is 1/4 inch. SURFACE TREATMENTS A. Pavement Sealer: Apply in accordance with Manufacturer's recommendations and as indicated below. 1. 2. , Surface Preparation. a. Thoroughly inspect. the pavement for minor cracks and other imperfections. cracks approximately 1/4"-3/4" inch wide should be cleared of debris and filled with a Manufacturer's approved crack sealant Remove oil and grease spots by scrubbing with a detergent and flushing with water until a water-break-free surface'is obtained. Oil and grease spots with deeper penetration shall be treated by burning with hand held propane torch, and then coating the spot with an approved oil spot primer such as Tar-Prime. Immediately before application of sealer, clean the surface of all loose dust, dirt, leaves, and any other foreign materials by sweeping or flushing with water. Asphalt surfaces shall be primed with a coat ofPolytar diluted 1 to 1 with water. The prime coat shall be allowed to dry thoroughly before proceeding with addi- tional applications. Application rate shall be 0.08-0.10 gallon per square yard of diluted Polytar. Application: Apply in accordance with Manufactures instructions and as follow: a. Mix design and application rates shall be in accordance with Manufactures "Medium Traffic Design. When pavement temperatures are in excess of 120 degrees, pavement shall be fog sprayed. Fog spray shall dampen pavement without leaving puddles. b; c. d. b. 3.10, PAVEMENTMARKING A. Do not apply pavement-marking paint until layout, colors, and: placement have 'been verified With Architect. I I I I 3.11 I 1 I I I B. Allow paving to age for 30 days before starting pavement marking.' c. Sweep and clean surface to eliniinate loose material and dust. D. Apply paint with mechanical equipment to produce pavement markings, of dimensions indicated, with uniform, straight edges. Apply at manufacturer's recommended rates to provide a minimum wet film thickness of 15 mils. Apply (3) coats. FIELD QUALITY CONTROL A. Testing Agency: Contractor shall engage a qualified independent testing and inspecting agency to perform field tests and inspections and to prepare test reports. 1. Testing agency will conduct and interpret tests and state in each report whether tested Work complies with or deviates from specified requirements. 2. Contractor shall pay all costs. B. Additional testing and inspecting, at Contractor's expense, will be performed to determine compli- ance of replaced or additional work with specified requirements. C. Thickness: In-place compacted thickness of hot-mix asphalt courses will be determined according to ASTM D 3549. D. Surface Smoothness: Finished surface of each hot-mix asphalt course will be tested for compli- ance with smoothness tolerances. HOT-MIX ASPHALT PA VlNG 02741 - 5 - I E. In-Place Density: Testing agency will take samples of uncompacted paving mixtures and com- pacted pavement according to ASTM D 979. ' ' I 1 1. Reference maximum theoretical density will be determined by averaging results from four samples of hot-mix asphalt-paving mixture delivered daily to site, prepared accord- ing to ASTM D 2041, and compacted according to job-mix specifications. In-place density of compacted pavement will be determined by testing core samples ac- cording to ASTM D 1188 or ASTM D 2726.' a. One core sample will be taken for every 1000 sq. yd. or less of installed pave- ment, with no fewer than 3 cores taken. b. Field density of in-place compacted pavement may also be determined by nu- clear method according to ASTM D 2950 and correlated with ASTM D 1188 or ASTM D 2726. c. Remove and replace or install additional hot-mix asphalt where test results or measurements indicate that it does not comply with specified requirements. 2. 1 I 3.13 DISPOSAL 1 I I A. Except for material indicated to be recycled, remove excavated materials from Project site and le- gally dispose of them in an EPA-approvedlandfill. 1. Do not allow excavated materials to accumulate on-site. END OF SECTION 1 1 I I ., I I I I I I I HO~N.ITXASPHALTPAvmG 02741 - 6 ' 1 I DMSION 2 - SITE CONSTRUCTION SECTION 02821 - CHAIN-LINK FENCES AND GATES I 1.1 PART 1 - GENERAL RELATED DOCUMENTS I 1.2 I I 1.3 I I 1 I A. Drawings and general provisions of the Contract, including General and Supplementary Condi- . tions and Division 1 Specification Sections, apply to this Section. SUMMARY A. This Section includes the following: 1. Chain-Link Fences: Industrial. 2. Gates: Horizontal slide. PERFORMANCE REQUIREMENTS A. . Structural Performance: Provide chain-link fences and gates capable of withstanding the effects of gravity loads and the following loads and stresses within limits and under conditions indicated: I. Minimum Post Size and Maximum Spacing for. Wind Velocity Pressure: Determine based on mesh size and pattern specified, and on the following minimum design wind pressures and according to CLFMI WLG 2445: a. Wind Speed: 110 mph. b.Fence Height: 6 feet. c. Line Post Group: IA, AS1M F 1043, Schedule 40 steel pipe~ d. Wind Exposure Category: B. 2. Determine minimum post size, group, and section according to AS1M F 1043 for frame- work up to 12 feet high, and' post spacing not to exceed 10 feet. '. Lightning Protection System: Maximum grounding-resistance value of 25 oIin?s under normal dry conditions. B. I 1.4 SUBMITTALS I I I I 1.5 A. I I I I A. Product Data: Include construction details, material descriptions, dimensions of individual com- ponents and profiles, and finishes for chain-link fences and gates. 1. Fence and gate posts, rails, and fittings. 2. Chain-link fabric, reinforcements, and attachments. 3. Gates and hardware. 4. Accessories: Privacy slats Barbed wire. B. Shop Drawings: Show locations of fences, gates, posts, rails, tension wires, details of extended posts, extension arms, gate swing, or other operation, hardware, and accessories. Indicate materi- als, dimensions, sizes, weights, and finishes of components. Include plans, gate elevations, sec- tions, details of post anchorage, attachment, bracing, and other required installation and opera- tional clearances. QUALITY ASSURANCE Installer Qualifications: An experienced installer who has completed chain-link fences and gates similar in material, design, and extent to those indicated for this Project and whose work has re- sulted in construction with a record of successful in-service performance. I. Engineering Responsibility: Preparation of data for chain-link fences and gates, includ- ing Shop Drawings, based on testing and engineering analysis of manufacturer's standard units in assemblies similar to those indicated for this Project. B. Preinstallation Conference: Conduct conference at Project site to comply with requirements in Division 1 Section "Project Management and Coordination." CHAIN-LINK FENCES AND GATES 02821- 1 1 1.6 PROJECT CONDITIONS I A. Field Measurements: Verify layout information for chain-link fences and gates shown on Draw- ings in relation to property survey and existing structures. Verify dimensions by field measure- ments. I 1 B. Interruption of Existing Utility Service: Do not interrupt utility services to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify Architect no fewer than two days in advance of proposed interruption of utility ServIces. I PART 2 - PRODUCTS 2.1 CHAIN-LINK FENCE FABRIC I I I I I 1 I I A. General: Height indicated on Drawings. Provide fabric' in one-piece heights measured between top and bottom of outer edge of selvage knuckle or twist. Comply with ASTM A 392, CLFMI CLF 2445, and requirements indicated below: 1. Aluminum Wire Fabric: ASTM F 1183, with caustic-cleaned finish, and wire diameter of 0.192 inches. a. Mesh Size: 2 inches. 2. Selvage: Twisted top and knuckled bottom. 2.2 INDUSTRIAL FENCE FRAMING I I A. Posts and Rails: Comply with ASTM F 1043 for framing, ASTM F 1083 for Group IC round pipe, and the following: 1. Group: ,m, aluminum pipe, Alloy 6063. 2. Fence Height: 6 feet. 3. Strength Requirement: Heavy industrial according to AS11y,1 F 1043. 4. Post Diameter and Thickness: According to ASTM F 1043. 5. Post Size and Thickness: According to ASTM F 1043. a. Top Rail: 1.66 inphes. . b. Line Post: 2.375 inches. c. End, Comer and Pull Post: 2.875 inches. d. Swing Gate Post: According to ASTM F 900. e. Horizontal-Slide Gate Post: According to ASTM F 1184. 1) Openings up to 12 Feet: Steel post, 2.875-inch diameter, and 4.64-1b/ft. weight. 2) Openings Wider Than 12 Feet: Steel post, 4-inch diameter, and 8.65- Ib/ft. weight. 3) Guide posts for Class 1 horizontal-slide gates equal the gate post height, 1 size smaller, but weight is not less than 3.11 Ib/ft.; installed adjacent to gate post to permit gate to slide in space between. 6. Aluminum Finish: Mill finish complying with ASTM B 429. 2.3 TENSION WIRE I I I I A. General: Provide horizontal tension wiI:e at the following locations: 1. Location: Extended along top and bottom of fence fabric. 2. Location: Extended along top of barbed wire arms and top offence fabric for supporting barbed tape. B. Aluminum Wire: 0.192-inch- diameter tension wire, mill finished, complying with ASTM B 211, Alloy 6061-T94 with 50,000-psi minimum tensile strength. 2.4 INDUSTRIAL SWING GATES A. General: Comply with ASTM F 900 for single double swing gate types. 1. Metal Pipe and Tubing: Aluminum. Comply with ASTM B 429 and ASTM F 1043 for materials and protective coatings. CHAIN-LINK FENCES AND GATES 02821 - 2 - CHAIN-LINK FENCES AND GATES 02821 - 3 I I I I B. Frames and Bracing: Fabricate members from round, aluminum tubing with outside dimension , and weight according to AS1M F 900 and the following: , ' 1. Gate Fabric Height: 2 inches less than adjacent fence height 2. Leaf Width: As indicated. 3. Frame Members: a. Tubular Aluminum: 1.90 inches round. C. Frame Comer Construction: 1. Welded or assembled with comer fittings and 5/l6-inch- diameter, adjustable truss rods for panels 5 feet wide or wider. I 1 I I I I 1 I I D. Extended Gate Posts and Frame Members: Extend gate posts and frame end members above top of chain-link fabric at both ends of gate frame 12 inches as required to attach barbed wire assem- blies. ' . E. Hardware: Latches permitting operation from both sides of gate, hinges, center gate stops and keepers for each gate leaf more than 5 feet wide. Fabricate latches with integral eye openings for padlocking; padlock accessible from both sides of gate. ' 2.5 INDUSTRIAL HORIZONTAL-SLIDE GATES A. General: Comply with AS1M F 1184 for single slide gate types. 1. Classification: Type II Cantilever Slide, Class 2 with inteInal roller assemblies. 2. Metal Pipe and Tubing: Aluminum. Comply with AS1M F 699 for materials and protec- tive coatings. B. Frames and Bracing: Fabricate members from round, aluminum tubing with outside dimension and weight according to AS1M F 1184 and the following: 1. Gate Fabric Height: 6 feet. 2. Gate Opening Width: As indicated. 3. Frame Members: a. Tubular Aluminum: 2 inches rectangular. ' 4; Bracing Members: a. Tubular Aluminum: 1.90 inches round' C. Frame Comer Construction: 1. Welded frame with panels assembled with bolted or riveted comer fittings and 5/l6-inch- diameter, adjustable truss rods for panels 5 feet wide or wider. D. Extended Gate Posts and Frame Members: Extend gate posts and frame end members above top of chain-link fabric at both ends of gate frame 12 inches as required to attach barbed wire assem- blies. E. Roller Guards: As required per ASTM F 1184 for Type II, Class 1 gates. ' I 1 I I I I F. Hardware: Latches permitting operation from both sides of gate, locking devices hangers roller assemblies and stops fabricated from mill-finished Grade 319 alillninum-alloy casting with stainless-steel fasteners. Fabricate latches with integral eye qpenings for padlocking; padlock ac- cessible from both sides of gate. 2.6 FITTINGS A. General: Comply with ASTM F 626. B. Post and Line Caps: Provide for each post. 1. Line post caps with loop to receive tension wire or top rail. C. Rail and Brace Ends: Attach rails securely to each gate, comer, pull, and end post. D. Rail Fittings: Provide the following: 1. Top Rail Sleeves: Aluminum Alloy 6063 not less than 6 inches long. I I I I I I I 2.7 I 1 I 2.8 1 I I 2. Rail Clamps: Line and comer boulevard clamps for connecting intermediate and bottom rails in the fence line-to-line posts. E. Tension and Brace Bands: Aluminum Alloy 6063. F. Tension Bars: Aluminum, length not less than 2 inches shorter than full height of chain-link fab- ric. ProVide one bar for each gate and end post, and two for each comer and pull post, unless fab- ric is ~tegra1ly woven into post. G. Tie Wires, Clips, and Fasteners: According to ASTM F 626. 1. Standard Round Wire Ties: For attaching chain-link fabric to posts, rails, and frames, complying with the following: a. Aluminum: ASTM B 211; Alloy 1350-HI9; 0.192-inch- diameter, mill-finished wire. H. Finish: 1. 2. Metallic Coating for Pressed Steel or Cast Iron: Not less than 1.2 oz. /sq. ft. zinc. Aluminum: Mill finish. CAST -IN-PLACE CONCRETE A. Materials: Portland cement complying with ASTM C 150, Type I aggregates complying with ASTM C 33, and potable water. Measure, batch, and mix Project-site-mixed concrete according to ASTM C 94/C 94M. 1. Concrete Mixes: Normal-weight concrete with not less than 3000-psi compressive strength (28 days), 3-inch slump, and I-inch maximum siZe aggregate. B. Materials: Dry-packaged concrete mix complying ~th ASTM.~ 387 for normal-weight concrete mixed with potable water according to manufacturer's written inStructions. GROUT AND ANCHORING CEMENT A. Nonshrink, Nonmetallic 9rout: Premixed, factory-packaged, n~nst3.ining, noncorrosive, nongas- eous grout complying with ASTM C ,11 07. Provide grout, recori:nnended in writing by manufac- turer, for exterior applications. B. Erosion-Resistant Anchoring Cement: Factory-packaged, nonshrink, nonstaining, hydraulic- ' controlled expansion cement formulation for mixing with potable water at Project site to create pourable anchoring, patching, and grouting compound. Provide formulation that is resistant to erosion from water exposure without needing protection by a sealer or waterproof coating and that is recommended in writing by manufacturer, for exterior applications. I 3.1 PART 3 - EXECUTION EXAMINATION I I 3.2 I A. Examine areas and conditions, with Installer present, for compliance with requirements for site clearing, earthwork, pavement work, and other conditions affecting performance. 1. Do not begin installation before final grading is completed, unless otherwise permitted by Architect. 2. Proceed with installation only after unsatisfactory conditions have been corrected. PREPARATION A. Stake locations of fence lines, gates, and terminal posts. Do not exceed intervals of 500 feet or line of sight between stakes. Indicate locations of utilities, lawn sprinkler system, underground structures, benchmarks, and property monuments. 3.3 INSTALLATION, GENERAL I I A., Install chain-link fencing to comply with ASTM F 567 and more stringent requirements specified. 1. Install fencing on established boundary lines inside property line. CHAIN-LlNK FENCES AND GATES 02821 - 4 I Post Excavation: Drill or hand-excavate holes for posts to diameters and spacings indicated, in firm, undisturbed soil. 3.4 CHAIN-LINK FENCE INSTALLATION I A. I R 1 1 1 I I I I I I I I I 1 I 3.5 I I Post Setting: Set posts in concrete at indicated spacing into firm, undisturbed soil. 1. Verify that posts are set plumb, aligned, and at correct height and spacing, and hold in position during setting with concrete or mechanical devices. 2. Concrete Fill: Place concrete around posts to dimensions indicated and VIbrate or tamp for consolidation. Protect aboveground portion of posts from concrete splatter. a. Concealed Concrete: Top 2 inches below grade to allow covering with surface material. C. Terminal Posts: Locate terminal end, comer, and gate posts per ASTM F 567 and terminal pull posts at changes in horizontal or vertical alignment of 15 degrees or more. D. Line Posts: Space line posts uniformly at 8 feet o.c. E. Post Bracing and Intermediate Rails: Install according to ASTM F 567, maintaining plumb posi- tion and alignment of fencing. Install braces at end and gate posts and at both sides of comer and pull posts. 1. Locate horizontal braces at midheight of fabric 6 feet or higher, on fences with top rail and at 2/3 fabric height on fences without top rail. Install so posts are plumb when di- agonal rod is under proper tension. F. Top Rail: Install according to ASTM F 567, maintaining plumb position and alignment of fenc~ ing. Run rail continuously tbrough line post caps, bending to radius for curved runs and terminat- ing into rail end attached to posts or post caps fabricated to receive riiil at terminal posts. Provide expansion couplings as recommended in writing by fencing manufacturer. G. Bottom Rails: Install, spanning between posts. Chain-Link Fabric: Apply fabric to outside of enclosing framework. Leave 1 inch betWeen finish grade or surface and bottom selvage, unless otherwise indicated. PUll fabric taut and tie to posts, rails, and tension wires. Anchor to framework so fabric remains under tension after pulling force is released. ' H. 1. Tension or Stretcher Bars: Thread tbrough fabric and secure to end, comer, pull, and gate posts with tension bands spaced not more than 15 inches o.c. J. Tie Wires: Use wire of proper length to firmly secure fabric to line posts and rails. Attach wire at 1 end to chain-link fabric, wrap wire around post a minimum of 180 degrees, and attach other end to chain-link fabric per ASTM F 626. Bend ends of wire to minimize hazard to individuals and clothing. 1. Maximum Spacing: Tie fabric to line posts at 12 inches o.c.and to braces at 24 inches o.c. K. Fasteners: Install nuts for tension bands and carriage bolts on the side of the fence opposite the , fabric side. Peen ends of bolts or score tbreads to prevent removal of nuts. L. Privacy Slats: Install slats in direction indicated, securely locked in place. 1. Vertically, for privacy factor of 70 to 75. M. Court Fencing: Construct court fence according to ASTM F 969. GATE INSTALLATION A. Install gates according to manufacturer's written instructions, level, plUmb, and secure for full opening without interference. A~ch fabric as for fencing. Attach hardware using tamper- resistant or concealed means. ,Install ground-set items in concrete for anchorage. Adjust hardware for smooth operation and lubricate where necessary. CHAIN-LINK FENCES AND GATES 02821 - 5 - I I I I I I, 1 I 1 1 1 I I I I I I I I , 3.7 ADJUSTING A. Gate: Adjust gate to operate smoothly, easily, and quietly, free of binding, warp, excessive deflec- tion, distortion, nonalignnien~ misplacement, disruption, or malfunction, throughout entire opera- tional range. Confirm that latches and locks engage accurately and securely without forcing or binding. B. Lubricate hardware, gate operator, and other moving parts. END OF SECTION CHAIN-LINK FENCES AND GATES 02821 - 6 I 1 DMSION 2 - SITEWORK SECTION 02870 - SITE FURNISHINGS 1.1 PART1-GENERAL SUMMARY I 1 I 1 1.2 I I' 1 I D. I I A. This Section includes the following site and street furnishings: 1. Benches. 2. Trash receptacles. 3. Picnic Tables. B. Related Sections include the following: 1. Division 2 Section "Earthwork" for excavation for installation of concrete footings. 2. Division 3 Section "Cast-in-Place Concrete" for installation of pipe sleeves, anchor bolts in concrete footings & sidewalks. SUBMITTALS A. Product Data: For each.type of product indicated. Include construction details, material descrip- tions, dimensions of individual components and profiles, fwishes, field-assembly requirements, and installation details. B. Samples for Initial Selection: For units with factory-applied color finishes. c. ,Samples for Verification: For each type of exposed finish required, prepared on Samples of size indicated below. 1. Size: Not less than 6" (15<>Im.n) long linear components & 4" (IOgmm) square sheet components. Product Schedule: For site and street furnishings. Use same designations indicates! on Drawings. E. Material Cerqiicates: For site furnishings, signed by manufacturers. 1. Recycled plastic. F. Maintenance Data: For site and street furnishings to include in maintenance manuals: G. Submit a per unit price including shipping and all other costs to furnish additional units to the fa- cility. Price shall be valid for 12-months after substantial completion (donation items, benches). 1.3 QUALITY ASSURANCE I A. Source Limitations: Obtain site furnishings t:hrough one source from Ii single manufacturer. PART 2 - PRODUCTS I 2.1 MANUFACTURERS I I I I I A. Available Products: Subject to compliance with requirements, products that may be incorporated ' into the Work include, but are not limited to, the following: 1. BRP Enterprises 2. Canterbury International 3. Victor Stanley Inc. B. Products: Subject to compliance with requirements, provide one of the following: 1. Benches: a. Victor Stanley Inc: "second site systems". 6' model-8, bench with steel post supports. Slats shall be recycled plastic in wood color and form, with galva- nized steel spline reinforced slates. (800) 368-2573. 2. Trash Receptacles: SITE FURNISIDNGS 02870 - 1 1 I 1 I I I I 1 I 1 I 1 I I 3.1 I I 3.2 I I I a. Victor Stanley Inc: Model RS12, 32 gallon with 8-2 lid. Provide 2-trash recep- tacles with ash urn insert trays on lid, I-unit at each shelter NOTE: Other manufacturers will be considered based on submittal & approval prior to bid. 2.2 MATERIALS A. Steel: Free from surface blemishes and complying with the following: 1. Plates, 8hapes,and Bars: ASTM A 36/A 36M. 2. Steel. Pipe: Standard-weight steel pipe complying with ASTM A 53, or electric- resistance-welded pipe complying with ASTM A 135. 3. Tubing: Cold-formed steel tubing complying with ASTM A 500. 4. Mechanical Tubing: Cold-rolled, electric-resistance-welded carbon or alloy steel tubing complying with ASTM A 513, or steel tubing fabricated from steel complying with ASTM A 569/A 569M and complying with dimensional tolerances in ASTM A 500; zinc coated internally and externally. 5. Sheet: Commercial steel sheet complying with ASTM A 569/A 569M. B. Plastic: Color impregnated, color and UV -light stabilized, and mold resistant. 1. Recycled Polyethylene: Fabricated from not less than 90 percent recycled post-consumer waste by weight content HDPE. C. Anchors, Fasteners, Fittings, and Hardware: Stainless steel or Manufacturer's standard, corrosion- resistant-coated or non-corrodible materials; commercial quality; tamperproof, vandal and theft re- sistant; concealed, recessed, and capped or plugged. Provide as required for site and street fur- nishings' assembly, mounting, and secure attachment. 1. Angle Anchors: For inconspicuously bolting legs of site furnishings to below-grade sub- strate; one per leg. 2. Antitheft Hold-Down Brackets: For securing site furnishings to substrate; tWo per l!lrit. D. Non-shrink, Nonmetallic Grout: Premixed, factory-packaged, non-staining, non-corro,sive, non- gaseous grout complying with ASTM C 1107. Provide grout, recommended in writing by manu- facturer, for exterior applications. E. PVC Finish: Manufacturer's standard, UV-light stabilized, mold-resistant, slip-resistant, matte- textured, dipped or sprayed-on, PVC-plastisol finish, with flame retardant added; complyiD.g with ' coating manufacturer's written instructions for pretreatment, application, and minimum dry film thickness. 2.3 STAINLESS-STEEL FINISHES A. Remove tool and die marks and stretch lines or blend into finish. PART 3 - EXECUTION EXAMINATION A. Examine areas and conditions, with Installer present, for compliance with requirements for correct and level finished grade, mounting surfaces, installation tolerances, and other conditions affecting performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. INSTALLATION, GENERAL A. Comply with manufacturer's written installation instructions, unless more stringent requirements are indicated. Complete field assembly of site and street furnishings, where required. B. Unless otherwise indicated, install site furnishings after landscaping and paving have been com- pleted. SITE FURNISHINGS 02870 - 2 I SITE FURNISHINGS 02870 - 3 I C. Install site and street furnishings level, plumb, true, and securely anchored and positioned at loca- tions indicated on Drawings. I D. Post Setting: Set cast-in support posts in concrete footing With smooth top, shaped to shed water. Protect portion of posts above footing from concrete splatter. Verify that posts are set plumb or at correct angle and are aligned and at correct height and spacing. Hold posts in position during placement and finishing operations until concrete is sufficiently cured. 1 E. Posts Set into Voids in Concrete: Form or core-drill holes for installing posts in concrete to depth recommended in writing by manufacturer of site and street furnishings and 3/4 inch (20 mm) lar- ger than OD of post. Clean holes of loose material, insert posts, and fill annular space between post and concrete With nonshrink, nonmetallic grout, mixed and placed to comply with anchoring material manufacturer's Written instructions, with top smoothed and shaped to shed water. I I F. Pipe Sleeves: Where steel pipe sleeves are used, preset and anchor into concrete for installing posts. After posts have been inserted into sleeves, fill annular space between post and sleeve with nonshrink, nonmetallic grout, mixed & placed to comply With anchoring material manufacturer's written instructions, with top smoothed and shaped to shed water. ' 1 I 3.3 CLEANING A. After completing site and street furnishing installation, inspect components. Remove spots, dirt, and debris. Repair damaged finishes to match original finish or replace component. I END OF SECTION I: I I I I I I I I I LAWNS AND GRASSES 02920 - 1 1 DMSION 2 - SITE CONSTRUCTION SECTION 02920 - LAWNS AND GRASSES I PART I-GENERAL 1 1.1 ,. RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Condi- tions and Division 1 Specification Sections, apply to this Section. I I 1.2 SUMMARY A. This Section includes the following: 1. Lawn renovation. 1.3 DEFINITIONS I I I I I A. Finish Grade: Elevation of finished surface of planting soil. B. Manufactured Soil: Soil produced off-site by homogeneously blending mineral soils or sand with , stabilized organic soil amendments to produce topsoil or planting soil. C. Planting Soil: Native or imported topsoil, mariufactured topsoil, or surface soil modified to be- come topsoil; mixed with soil amendments. D. Subgrade: Surface or elevation of subsoil remaining after completing excavation, or top surface of ' a fill or backfill immediately beneath planting soil. .. 1.4 SUBMITTALS A. Product Data: For each type of product indicated. I I I B. Certification of Grass Seed: From seed vendor for each grass~seed monostand or mixture stating the botanical and common name and percentage by weight of each species and variety, and per-: centage of purity, germination, and weed seed. Include the year of production and date ofpackag- ing. 1.5 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful lawn establishment. 1. Installer's Field Supervision: Require Installer to maintain an experienced full-time su- pervisor on Project site when planting is in progress. I I I B. Topsoil Analysis: Furnish soil analysis by a qualified soil-testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; deleterious ma- terial; pH; and mineral and plant-nutrient content of topsoil. 1. Report suitability of topsoil for lawn growth. State recommended quantities of nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce a satisfac- tory topsoil. ' C. Preinstallation Conference: Conduct conference at Project site to comply with requirements in Division 1 Section "Project Management and Coordination." 1.6 DELIVERY, STORAGE, AND HANDLING I A. Seed: Deliver seed in original sealed, labeled, and undamaged containers. I I B. Sod: Harvest, deliver, store, and handle sod according to requirements in TPI's "Specifications for Turfgrass Sod Materials" and "Specifications for Turfgrass Sod Transplanting and Installation" in its "Guideline Specifications to Turfgrass Sodding." . - I 1.7 'LAWNMAINTENANCE A. Begin maintenance immediately after each area is planted and continue until acceptable lawn is es- tablished, but for not less than the following periods: 1. Seeded Lawns: 60 days from date of Substantial Completion. a. When full maintenance period bas not elapsed before end of planting season, or if lawn is not fully established, continue maintenance during next planting sea- son. 2. Sodded Lawns: 30 days from date of Substantial Completion. I I I I I I I I I I B. Maintain and establish lawn by watering, fertilizing, weeding, mowing, trimming, replanting, and other operations. Roll, regrade, and replant bare or eroded areas and remulch to produce a uni- formly smooth lawn. 1. In areas where mulch bas been disturbed by wind or maintenance operations, add new mulch. Anchor as required to prevent displacement C. Watering: Provide and maintain temporary piping, hoses, and lawn-watering equipment to convey water from sources and to keep lawn uniformly moist to a depth of 4 inches. 1. Schedule watering to prevent wilting, puddling, erosion, and displacement of seed or mulch. Layout temporary watering system to avoid walking over muddy or newly planted areas. 2. Water lawn to maintain proper soil moisture for seed germination. Continue water sched- ule for 30 days. After this time provide a minimnm of 'lS" of water twice per week. D. Mow lawn as soon as top growth reaches a 3" height. Mow to 2" in height and repeat mowing to maintain specified height without cutting more than 40 percent of grass height. Remove no more than 40 percent of grass-leaf growth in initial or subsequent mowings. Do not delay mowing until grass blades bend over and become matted. Do not mow when grass is wet. Schedule initial and subsequent mowings as required to maintain specified height. ' E. Lawn Postfertilization: Apply fertilizer after initial moWing and when grass is dry. ,1. Apply Lawn Builder Fertilizer (Type 2 - 2.6A) if lawn is installed during growing season ' 30 days after seeding. Apply at a rate of llb or nitrogen per 1,000 sf. ; I 2.1 PART 2 - PRODUCTS SEED I I I 2.2 I I I 2.3 I A. Grass Seed: Fresh, clean, dry, new-crop seed complying with AOSA's "Journal of Seed Technol- , ogy; Rules for Testing Seeds" for purity and germination tolerances. B. Seed Species: , State-certified seed of grass species, as follows: C. Seed Species: Seed of grass species as follows, with not less than 95 percent germination, .not less than 85 percent pure seed, and not more than 0.5 percent weed seed: 1. Princess 77 Bermudagrass (Cynodon dactylon). 2. Annual Ryegrass (temporary grassing) 3. Reseed to match existing turfgrass type TURFGRASSSOD A. Turfgrass Sod: Certified Number 1 QualitylPremium, including limitations on thatch, weeds, dis- eases, nematodes, and insects, complying with TPrs "Specifications for Turfgrass Sod Materials" in its "Guideline Specifications to Turfgrass Sodding." Furnish viable sod of uniform density, color, and texture, strongly rooted, and capable of vigorous growth and development when planted. B. Turfgrass Sod Species: Tif 419 Bermudagrass (Cynodon dactylon) TOPSOIL LAWNS AND GRASSES 02920 - 2 I I I A. Topsoil: ASTM D 5268, pH range of 5.5 to 7, a minimum of 4 percent organic material content; free of stones 1 inch or larger in any dimension and other extraneous materials harmful to plant growth. 1. Topsoil Source: Import topsoil or manufactured topsoil from off-site sources. Obtain topsoil displaced from naturally well-drained construction or mining sites where topsoil occurs at least 4 inches deep; do not obtain from agricultural land bogs or marshes. 2.4 INORGANIC SOIL AMENDMENTS I I I A. Lime: ASTM C602, agricultural limestone containing a minimum 80 percent calcium carbonate equivalent and as follows: ' 1. Class: Class T, with a minimum 99 percent passing through No.8 sieve and a minimum 75 percent passing through No. 60 sieve. 2. Class: Class 0, with a minimum 95 percent passing through No.8 sieve and a minimllm 55 percent passing through No. 60 sieve. 3. Provide lime in foim of dolomitic limestone. 2.5 PLANTING ACCESSORIES I I 2.6 I I 2.7 I 2.8 I I I A. Selective Herbicides: EP A registered and approved, of type recommended by manufacturer for application. FERTILIZER A. Slow-Release Fertilizer: Granular or pelleted fertilizer consisting of 50 percent water-insoluble ni- trogen, phosphorus, and potassium in the following composition: 1. Starter Fertilizer: 20% nitrogen, 10% phosphorous,l:IDd 10% potassium, by weight. 2. Lawn Builder: 30% nitrogen, 3% phosphorous, and'"! 0% potassiumb MULCHES A. Straw Mulch: Provide air-dry, clean, mildew- and seed-free, salt hay or threshed straw of wheat, rye, oats, or barley. ' .' EROSION-CONTROL MATERIALS A. Erosion-Control Blankets: Biodegradable wood excelsior, straw, or coconut-fiber mat enclosed in a photodegradable plastic mesh. Include manufacturer's recommended steel wire staples, 6 inches long., B. Erosion-Control Fiber Mesh: Biodegradable twisted jute or spun-coir mesh, a minimum of 0.92 Ib/sq. yd., with 50 to 65 percent open area. Include manufacturer's recommended steel wire sta- ples, 6 inches long. PART 3 - EXECUTION 3.1 EXAMINATION I I 3.2 I I I A. Examine areas to receive lawns and grass for compliance with requirements and other conditions affecting performance. Proceed with installation only after unsatisfactory conditions have been corrected. PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities, trees, shrubs, and plantings from damage caused by planting operations. ' 1. Protect adjacent and adjoining areas from hydroseeding overspray. B. . Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil- bearing water runoff or airborne dust to adjacent properties and walkways. ' LAWNS AND GRASSES 02920 - 3 .7:; LAWNS AND GRASSES 02920 - 4 I I 1 I I I I I I I I I I I I I I I I 3.3 LAWN PREPARATION A. Limit lawn subgrade preparation to areas to be planted and restored. B. Newly Graded Subgrades: Loosen subgrade to a minimUm depth of 4 inches. Remove stones lar- ger than 1 inch in any dimension and sticks, roots, rubbish, and other extraneous matter and le- gally dispose of them off Owner's property. 1. Apply superphosphate fertilizer directly to subgrade before loosening. 2. Thoroughly blend planting soil mix off-site before spreading or spread topsoil, apply soil amendments and fertilizer on surface, and thoroughly blend planting soil mix. a. Delay mixing fertilizer with planting soil if planting will not proceed within a few days. b. Mix lime with dry soil before mixing fertilizer. 3. Spread planting soil mix to a depth of 4 roches but not less than required to meet finish grades after light rolling and natural settlement. Do not spread if planting soil or sub- ' grade is frozen, muddy, or excessively wet. c. Finish Grading: Grade planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Grade to within plus or minus 1/2 inch of finish elevation. Roll and rake, remove ridges, and fill depressions to meet finish grades. Limit fine grading to areas that can be planted in the immediate future. D. Moisten prepared lawn areas before planting if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. E. Restore areas if eroded or otherwise disturbed after finish grading and before planting. 3.4 SEEDING A. Sow seed with spreader or seeding machine. Do not broadcast or drop seed when wind velocity exceeds 5 mph. Evenly distribute seed by sowing equal quantities in twodrrections at right angles to each other. , 1. Do not use wet seed or seed that is moldy or otherwise damaged. B. Sow seed at the rate of 4 Ib/1 000 sq. ft. C. Rake seed lightly into top 1/8 inch of topsoil, roll lightly, and water with fine spray. 3.5 H:YJ)&OSEEDING A. Hydroseeding: Mix specified seed, fertilizer, and fiber mulch in water, using equipment specifi- cally designed for hydroseed application. Continue mixing until uniformly blended into homoge- , neous slurry suitable for hydraulic application. ' 1. Mix slurry with nonasphaltic tackifier. 2. Apply slurry uniformly to all areas to be seeded in a one-step process. Apply mulch at a minimum rate of l500-1b/acre dry weight but not less than the rate required to obtain specified seed-sowing rate. 3. Apply slurry uniformly to all areas to be seeded in a two-step process. Apply first slurry application at a minimum rate of 500-lb/acre dry weight but not less than the rate re- quired to obtain specified seed-sowing rate. Apply slurry cover coat of fiber mulch at a rate of 1000 lb/acre. 3.6 SODDING , A. Lay sod within 24 hours of harvesting. Do not lay sod if dormant or if ground is frozen or muddy. B. Lay sod to form a solid mass with tightly fitted joints. Butt ends and sides of sod; do not stretch or overlap. Stagger sod strips or pads to offset joints in adjacent courses. A void damage to subgrade or sod during installation. . Tamp and roll lightly to ensure contact with subgrade, eliminate air I I I I 3.7 I I I I I I I I 3.8 I I I I 3.9 I I I C. pockets, and form a smooth surface. Work sifted soil or fine sand into minor cracks between pieces of sod; remove excess to avoid smothering sod and adjacent grass. 1. Lay sod across angle of slopes exceeding 1:3. 2. Anchor sod on slopes exceeding 1:6 with wood pegs or steel staples spaced as recom- mended by sod manufacturer but not less than 2 anchors per sod strip to prevent slippage. Saturate sod with fine water spray within two hours of planting. During first week, water daily or more frequently as necessary to maintain moist soil to a minimum depth of 1-l/2inches below sod. LAWN RENOVATION A. Renovate existing lawn damaged by Contractor's operations, such as storage of materials or equipment and movement of vehicles. 1. Reestablish lawn where settlement or washouts occur or where minor regrading is re- quired. B. Remove sod and vegetation from diseased or unsatisfactory lawn areas; do not bUry in soil. C. Remove topsoil containing foreign materials resulting from Contractor's operations, including oil drippings, fuel spills, stone, gravel, and other construction materials, and replace with new topsoil. D. Remove weeds before seeding. Where weeds are extensive, apply selective herbicides as required. Do not use pre-emergence herbicides. E. Remove waste and foreign materials, including weeds, soil cores, grass, vegetation, and turf, and legally dispose of them off Owner's property. Till stripped, bare, and compacted areas thoroughly to a soil depth of 4 ulches. F. G. Apply soil amendments and initial fertilizers required for establishing ne~-lawns and mix thor~ , oughly into top 4 inches of existing soil. Provide new planting soil to fi1110w spots and meet fin- ish grades. H. Apply seed and protect with straw mulch or sod as required for lawn restoratio~ 1. Water newly planted areas and keep moist until new lawn is established. SATISFACTORY LAWNS A. Satisfactory Seeded Lawn: At end of maintenance period, a healthy, uniform, close stand of grass has been established, free of weeds and surface irregularities, with coverage exceeding 90 percent over any 10 sq. ft. (0.92 sq. m) and bare spots not exceeding 5 by 5 inches. B. Satisfactory Sodded Lawn: At end of maintenance period, a healthy, well-rooted, even-colored, viable lawn has been established, free of weeds, open joints, bare areas, and surface irregularities. C. Reestablish lawns that do not comply with requirements and continue maintenance until lawns are satisfactory. CLEANUP AND PROTECTION A. Promptly remove soil and debris created by lawn work from paved areas. Clean wheels of vehi- cles before leaving site to avoid tracking soil onto roads, walks, or other paved areas. B. Erect barricades and warning signs as required to protect newly planted areas from traffic. Main~ tain barricades throughout maintenance period and remove after lawn is established. LAWNS AND GRASSES 02920 - 5 - LAWNS AND GRASSES 02920 - 6 I I I I I I I I I I I I I I I I I I I c. Remove erosion-control measures after grass establishment period. END OF SECTION - I I DMSION 3 - CONCRETE SECTION 03300 - CAST-IN-PLACE CONCRETE I 1.1 PART 1 - GENERAL RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Condi- tions and Division 1 Specification Sections, apply to this Section. I 1.2 I I 1.3 I I 1.4 I I I I I I , SUMMARY A. This Section specifies cast-in-place concrete, including reinforcement, concrete materials, mix de- sign, placement procedures, and finishes. B. Related, Sections include the following: 1. Division 2 Section "Earthwork" for drainage fill under slabs-on-grade. SUBMITTALS A. General: In addition to the following, comply with submittal requirements in ACT 301. B. Product Data: For each type of manufactured material and product indicated. c. Design Mixes: For each concrete mix. QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has completed concrete work'simil~ in ma- terial, design, and extent to that indicated for tbisProject and whose work has resulted in construc-, tion with a: record of successful in-service performance. ' B. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete prod- ucts complying with ASlM C 94 requirements for production facilities and equipmerit. C. Source Limitations: Obtain each type of cement of the same brand from the same manufacturer's plant, each aggregate from one source, and each admixture from the same manufacturer. ' D. Comply with ACT 301, "Specification for Structural Concrete," including the following, unless modified by the requirements of the Contract Documents: L General requirements, including submittals, quality assurance, acceptance, of structure, and protection of in-place concrete. 2. Formwork and form accessories. 3. Steel reinforcement and supports. 4. Concrete mixtures. 5. Handling, placing, and constructing concrete. I 2.1 PART 2 - PRODUCTS , FORMWORK I 2.2 I I I A. Furnish formwork and form accessories according to ACI 301. STEEL REINFORCEMENT A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60, deformed. B. Plain-Steel Wire: ASTM A 82, as drawn. c. Plain-Steel Welded Wire Fabric: ASTM A 185, fabricated from as-drawn steel- wire into flat sheets. CAST -IN-PLACE CONCRETE 03300 - 1 - I I I 2.4 I I I I I 2.5 1 I 2.6 I 2.7 I I 2.8 I I I I I I 2.3 REINFORCEMENT ACCESSORIES A. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening , reinforcing bars 'and weided wire fabric in place. Manufacture bar supports according to CRSI's ' "Manual of Standard Practice" from steel wire, plastic, or precast concrete or fiber-reinforced con- crete of greater compressive strength than concrete. CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type 1. B. Normal-Weight Aggregate: ASTM C 33, uniformly graded, not exceeding 3/4 nominal size. C. Lightweight Aggregate: ASTM C 330. D. Water: Potable and complying with ASTM C 94. ADMIXTURES A. General: Admixtures certified by manufacturer to contain not more than 0.1 percent water-soluble chloride ions bymass o(cement and to be compatible with other admixtures. Do not use admix- tures containing calcium chloride. B. Air-Entraining Admixture: ASTM C 260. C. Water-Reducing Admixture: ASTM C 494, Type A~ D. High-Range, Water-Reducing Admixture: ASTM"C 494, Type F. RELATED MATERIALS A. Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber, or ASTM D 1752, c6rk or self-expanding cork. CURING MATERIALS A. Evaporation Retarder: Waterborne, monomolecular film forming, manufactured for application to fresh concrete. B. Clear, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type 1, Class B. CONCRETE MIXES A. Comply with ACI 301 requirements for concrete mixtures. B. Prepare design mixes, proportioned according to ACI 301, for normal-weight concrete determined by either laboratory trial mix or field test data bases, as follows: 1. Compressive Strength (28 Days): 3000 psi. 2. Slump: 4 inches. a. Slump Limit for Concrete Containing High-Range Water-Reducing Admixture: Not more than 8 inches after adding admixture to plant- or site-verified, 2- to 3- in~slump. ' C. Add air-entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content of2.5 to 4.5 percent. CAST -IN-PLACE CONCRETE 03300 - 2 - I I I I 2.9 I I D. Fiber reinforcing: 1. Synthetic Fiber: Monofilament polypropylene fibers engineered and designed for use in concrete pavement, complying with AS1M C 1116, Type ill, 1/2 to 1-1/2 inches long. a. Products: Monofilament Fibers: 1) Axim Concrete Technologies; Fibrasol lIP. 2) Euclid Chemical Company (The); Fiberstrand 100. 3) FORTA Corporation; Forta Mono. 4) Grace Construction Products,W. R Grace & Co.; Grace MicroFiber. 5) Metalcrete Industries; Polystrand 1000. 6) SI Concrete Systems; Fibermix Stealth. CONCRETE MIXING A. Ready-Mixed Concrete: Comply with ASTM C 94 and furnish batch ticket information: 1. When air temperature is between 85 and 90 deg F, reduce mixing and delivery tiine from 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F, reduce mixing and delivery tiine to 60 minutes. I 3.1 PART 3 - EXECUTION FORMWORK I 3.4 I I I I I I 3.5 I I A. Design, construct, erect, shore, brace, and maintain formwork according to ACI 301. JOINTS A. General: Constru~t joints true to line with faces perpendi,pular to surface plane of concrete. :~ B. Construction Joints: Locate and insta~ so as not to impair strength or appearance of concrete, at locations indicated or as approved by Architect. C. Isolation Joints: Install joint-filler Expansion Joint strips 3;t 20' maximum spacing: . 1. Extend joint fillers full width and depth of joint, 'terminating flush with finished concrete surface, unless otherwise indicated. D. Contraction (Control) Joints in Slabs-on-Grade: Form weakened-plane contraction joints, section- ing concrete into areas as indicated. Construct contraction joints for a depth equal to at least one- fourth of the concrete thickness, as follows: 1. Sawed Joints: Form contraction joints with power saws equipped with shatterproof abra- sive or diamond-rimmed blades. Cut 1/8-inch- wide joints into concrete when cutting ac.:';' tion will not tear, abrade, or otherwise daIDage surface and before concrete develops ran-' dom contraction cracks. 2. Tooled Joints in sidewalk. CONCRETE PLACEMENT A. Comply with recommendations in ACI 304R for measuring, mixing, transporting, and placing, concrete. B. Do not add waterto concrete during delivery, atProject site, or during placement. C. Consolidate concrete with mechanical vibrating equipment 3.6 FINISHING FORMED SURFACES I I I A. Smooth-Formed Finish: As-cast concrete texture imparted by form-facing material, arranged in an orderly and symmetrical manner with a minimum of seams. Repair and patch tie holes and defec- tive areas. Completely remove fins and other projections: CAST -IN-PLACE CONCRETE 03300 - 3 - I I I 3.7 I I I I I 1. Apply to, concrete surfaces exposed to public view or to be covered with a coating or covering material applied directly to concrete, such as waterproofing, dampproofing, ve- neer plaster, or painting. 2. Apply the following rubbed fi:i1ish, defined in ACI 301, to smooth-formed finished con- crete. a. Smooth-rubbed finish. FINISHING UNFORMED SURFACES A. General: Comply with ACI 302.1R for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces. B. Screed surfaces with a straightedge and strike off. Begin initial floating using bull floats or dar- bies to form a uniform and open-textured surface plane before excess moisture or bleedwater ap- pears on the surface. 1. Do not further disturb surfaces before starting finishing operations. C. Trowel and Fine-Broom Finish: Apply a partial trowel finish, stopping after second troweling, to surfaces indicated and to surfaces where ceramic or quarry tile is to be installed by either thickset or thin-set methods. Immediately after second troweling, and when concrete is still plastic, slightly scarify surface with a fine broom D. Nonslip Broom Finish: Apply a nonslip broom finish to surfaces indicated and to exterior con- crete platforms, steps, and ramps. Immediately after float finishing, slightly roughen trafficked surface by brooming with fiber-bristle broom perpendicular to main traffic route. 3.8 TOLERANCES I I 3.9 I I I I I I 3.10 I I I A. Comply with ~CI 117; "Specifications for Tolerances for Concrete Construction and Materials." CONCRETE PROTECTION AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot tem- peratures. Comply with ACI 306.1 for cold-weather protectidn, and follow recommendations in ACI 305R for hot-weather protection during curing. B. Evaporation Retarder: Apply evaporation retarder to concrete surfaces ifhot, dry, or windy condi- tions cause moisture loss approaching 0.2 Ib/sq. ft. x h before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. C. Begin curing after finishing concrete, but not before free water has disappeared from concrete sur- face. D. Curing Methods: Cure formed and unformed concrete for at least seven days by moisture curing, moisture-retaining-cover curing, curing compound, or a combination of these as follows: 1. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall Within three hours after initial application. Maintain continuity of coating and repair damage during curing period. FIELD QUALITY CONTROL A. Testing Agency: Engage a qualified independent testing and inspecting agency to sample materi- als, perform tests, and submit test reports during concrete placement according to requirements specified in this Article. Perform tests according to ACI 301. B. Testing Agency: Contractor shall engage a qualified independent testing and inspecting agency to sample materials, perform tests, and submit test reports during concrete placement. Tests will be performed according to ACI 301: ,'CAST-IN-PLACE CONCRETE 03300 - 4 . I I I I I I CAST-IN-PLACE CONCRETE 03300 - 5 I 1. Testing Frequency: Obtain one composite sample for each day's pour of each concrete mix exceeding 5 cu. yd., but less than 25 cu. yd., plus one. set for each additional' 50 ell. yd. or fraction thereof I I I I I I I I I I I I 3.11 REPAIRS A. Remove and replace concrete that does not comply with requirements in this Section. END OF SECTION . I I I I I I I I I I I I I I I I I I I DMSION 9 - FINISHES SECTION 09900 - PAINTING PART 1 - GENERAL 1.1 SUMMARY A. 1bis Section includes surface preparation and field painting of the following: 1. Exposed interior items and surfaces. 2. Surface preparation, priming, and finish coats specified in this Sec1ionare in addition to shop priming and surface treatment specified in other Sections. B. Paint exposed surfaces, except where the paint schedules indicate that a surface or material is not to be painted or is to remain natural. If the paint schedules do not specifically mention an item or a surfac~, paint the item or surface the same as similar adjacent materials or surfaces whether or not schedules indicate colors. If the schedules do not indicate color or finish, the Architect will select from standard colors and finishes available. 1. Painting includes field painting of exposed bare and covered pipes and ducts (including color coding), hangers, exposed steel and iron work, and primed metal surfaces of mechanical and electrical equipment c. Do not paint prefinished items, concealed surfaces, finished metal surfaces, operating parts, and labels. 1. Prefinished items include the following factory-finished components: a. Architectural woodwork and casework b. Finished mechanical and electrical equipment c. Light fixtures. 2. Concealed surfaces include walls or ceilings in the following generally inaccessible spaces: a. Furred areas." b. Ceiling plenums. c. Pipe spaces. 3. Finished metal surfaces include the following: a. Anodized aluminum. b. Stainless steel. c. Chromium plate. d. Copper. e. Bronze and brass. 4. Operating parts include moving parts of operating equipment and the following: a. Valves, damper operators and linkages. b. Sensing devices. 5. Labels: Do not paint over Underwriters Laboratories (UL), Factory Mutual (PM), or other code-required labels or equipment name, identification, performance rating, or nomenclature plates. D. Related Sections include the following: 1. Division 4 Section ''Unit Masonry" for concrete block materials. 2. Division 5 Section "Metal Fabrications" for shop priming ferrous metal. 3. Division 8 Section "Steel Doors and Frames" for shop priming steel doors and frames. 1.2 DEFINITIONS A.' General: Standard coating terms defined in ASTM D 16 apply to this Section. 1. Flat refers to a lusterless or matte finish with a gloss range below 15 when measured at an 85- degree meter. 2. Eggshell refers to low-sheen finish with a gloss range between 5 and 20 when measured at a 60-degree meter. 3. Satin refers to low-sheen finish with a gloss range between 15 and 35 When measured at a 60- degree meter. 4. Semigloss refers to medium-sheen finish with a gloss range between 30 and 65 when measured at a 60-degree meter. 5. Full gloss refers to high-sheen finish with a gloss range more than 65 when measured at a 60- PAINTING 09900-1 - I I 1.3 I I I I I I I I degree meter. SUBMITTALS A. Product Data: For each paint system specified. Include block fillers and primers. 1. Material LiSt: Provide an inclusive list of required coating materials. Indicate each material' and cross-reference specific coating, finish system, and application. Identify each material by manufacturer's catalog number and general classification. 2. Manufacturer's Information: Provide manufacturer's technical information, including label analysiS/instructions for handling, storing & applying each coating material proposed for use. ' 3. Certification by the manufacturer that products supplied comply with local regulations controlling use ofVolatile organic compounds (VOCs). Samples for Initial Selection: Manufacturer's color charts showing the full range of colors available for each type of finish-coat material indicated. B. c. Samples for Verification: Of each color and material to be applied, with texture to simulate actual conditions, on representative Samples of the actual substrate. 1. Mock-ups: Allow for 3 different applied samples (3 color changes). 2. Provide stepped Samples, defining each separate coat, including block fillers and primers. Use representative colors when preparing Samples for review. Resubmit until required sheen, color, and texture are achieved. 3. Provide a list of materials and applications for each coat of each sample. Label each sample for location and application. 4. Submit Samples on the following substrates for Architect's review of l;:olor and texture only: a. Ferrous Metal: Provide two 4-inch- (100-mm-) square samples of flat metal and two 8-inch- (200-mm-) long samples of solid metal for each color and finish. D. Qualification Data: For:firms and persons specified in the "Quality Assmance" Article to demonstrate their capabilities and experience. Include lists of completed projects, with project names and addresses, names and addresses of architects and owners, and other ijUormatiori specified. ' 1.4 QUALITY ASSURANCE I I I I I I I 1.5 I I PAINTING A. Applicator Qualifications: Engage an experienced applicator who has completed painting system applications similar in material and extent to that indicated for this Proj ect with a record of successful in-service performance. B. Source Limitations: Obtain block fillers, primers, and undercoat materials for each coating system from the same manufacturer as the finish coats. C. Benchmark Samples (Mockups): Provide a full-coat benchmark finish sample of each type of coating and substrate required on the Project. Comply with procedures specified in PDCA P5. Duplicate finish of approved prepared samples. 1. The Architect will select one room or surface to represent surfaces and conditions for each type of coating and substrate to be painted. a. Wall Surfaces: Provide samples on at least 100 sq. ft. (9 sq. m) of wall surface. b. Small Areas and Items: The Architect will designate an item or area as required. 2. After permanent lighting and other environmental services have been activated, apply coatings in this room or to each surface according to the Schedule or as. specified. Provide required sheen, color, and texture on each surface. a. After finishes are accepted, the Architect will use the room or surface to evaluate coating systems of a similar nature. b. Final approval of colors will be from job-applied samples. DELIVERY, STORAGE, AND HANDLING A. Deliver materials to the Project Site in manufacturer's original, unopened packages and containers bearing manufacturer's name and label, and the following information: 1. Product name or title of material. 09900-2 I I I I I 2~ 3. 4. 5. 6. 7. 8. Product description (generic classification or binder type). Manufacturer's stock number and date of manufacture. COntents by volume, for pigment and vehicle constituents. <~g~~oons. ' Application inStructions. Color name and number. VOC content B. Store materials not in use in tightly covered containers in a well-ventilated area at a minimum ambient temperature of 45 deg F. Maintain containers used in storage in a clean condition, free of foreign materials and residue; 1. Keep storage area neat and orderly. Remove oily rags and waste daily. Take necessary measures to ensure that workers and work areas are protected from fire and health hazards resulting from handling, mixing, and application. 1.6 EXTRA MATERIALS I I I A. Furnish extra paint materials from the same production run as the materials applied in the quantities described below. Package paint materials in unopened, factory-sealed containers for storage and identify with labels descnbing contents. Deliver extra materials to the Owner. 1. Quantity: Furnish the Owner with an additional 5 percent, but not less than 1 gal. (3.785 L) or I case, as appropriate, of each material and color applied. PART 2 - PRODUCTS 2.1 MANUFACTURERS I I I I 2.2 I I I I I A. Products: Subject to compliance wi requirements, provide one of the products in the paint schedules. B. Manufacturers Names: The following manufacturers are referred to in the, paint schedules by use of ' shortened versions of their names, which are shown in parentheses: I. Fuller-O'Brien Paints (Fuller). 2.; lCI (Glidden/Devoe). 3. Benjamin Moore & Co. (Moore). 4. PPG Industries, Inc. (PPG). 5. Pratt & Lambert, Inc. (P & L). 6. Sherwin-Williams Co. (S-W). PAINT MATERIALS, GENERAL A. Material Compatibility: Provide primers, undercoats, and finish-coat materials that are compatible with one another and the substrates indicated under conditions of service and application, as demonstrated by manufacturer based on testing and field experience. B. Material Quality: Provide manufacturer's best-quality paint material of the various coating types specified. Paint-material containers not displaying manufacturer's product identification will not be acceptable. 1. Proprietary Names: Use of manufacturer's proprietary product names to designate colors or materials is not intended to imply that products named are required to be used to the exclusion of equivalent products of other manufacturers. Furnish manufacturer's material data and certificates of performance for proposed substitutions. PART 3 - EXECUTION c. Colors: Provide custom colors of the finished paint systems to match Architect's selected samples. 3.1 EXAMINATION I I PAINTING A. Examine substrates, areas, and conditions, with the Applicator present, under which painting will be' ' performed for compliance with paint application requirements; 09900-3 I I I I 1. Do not begin to apply paint until unsatisfactory conditions have been corrected and surfaces receiving paint are thoroughly dry. Start of painting will be construed as the Applicator's acceptance of surfaces and conditions within a particular area. 2. B. Coordination ofW ork: Review other Sections in which primers are provided to ensure compatIbility of the total system for various substrates. On request, furnish information on characteristics of finish materials to ensure use of compatIble primers. 1. Notify the Architect about anticipated problems using the materials specified over substrates primed by others. 3.2 PREPARATION I I I I I I I I I I I I I I 3.3 I PAINTING A. General: Remove hardware and hardware accessories, plates, machined surfaces, lighting fixtures, and similar items already installed that are not to be painted. If removal is impractical or impossible because of the size or weight of the item, provide surface-applied protection before surface preparation and painting. 1. After completing painting operations in each space or area, reinstall items removed using workers skilled in the trades involved; B. Cleaning: Before applying paint or other surface treatments, clean the' substrates of substances that ' could impair the bond of the various coatings. Remove oil and grease before cleaning. 1. Schedule cleaning and painting so dust and other contaminants from the cleaning process will not fall on wet, newly painted surfaces. 2. Pressure wash and detergent clean exterior surfaces. 3. treat mildew as required. C. Surface Preparation: Clean and prepare surfaces to be painted according to manufacturer's written instructions for each particular substrate condition and as specified. 1. Provide barrier coats over incompanble primers or remove and reprime. , 2. Ferrous Metals: Clean ungalvanized ferrous-metal surfaces that have not been shop coated; remove oil, grease, dirt, loose mill scale, and other foreign substances. Use solvent or mechanical cleaning methods that comply with the Steel Structures Painting Council's (SSPC) recommendations. a. Blast steel surfaces clean as recommended by paint system manufactUrer ,and according to requirements ofSSPC-SP 10. b. Treat bare and sandblasted or pickled clean metal with a metal treatment wash coat before priming. c. Touch up bare areas and shop-applie4 prime coats that have been damaged. Wire- brush, clean with solvents recommended by paint manufacturer, and touch up with the same primer as the shop coat. 3. Galvanized Surfaces: Clean galvanized surfaces with nonpetroleum-based solvents so surface is free of oil and surfaceconrnminants. Remove pretreatment from galvanized sheet metal fabricated from coil stock by mechanical methods. D. Materials Preparation: Mix and prepare paint materials according to manufacturer's written instructions. 1. Maintain containers used in mixing and applying paint in a clean condition. free of foreign materials and residue. 2. Stir material before application to produce a mixture of uniform density. Stir as required during application. Do not stir surface film into material. If necessary, remove surface film and strain material before using. 3. Use only thinners approved by paint manufacturer and only within recommended limits. E. Tinting: Tint each undercoat a lighter shade to simplify identification of each coat when multiple coats of the same material are applied. Tint undercoats to match the color of the finish coat, but provide sufficient differences in shade of undercoats to distinguish each separate coat APPLICATION ' ' A. General: Apply paint according to manufacturer's written instructions. Use applicators and techniques 09900-4 I I I I I I I I I I I I I I I I I I I PAINTING best suited for substrate and type of material being applied. 1. 2. Paint colors, surface treatments, and finishes are indicated in the schedules. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions detrimental to formation of a durable paint :film. ' Provide finish coats that are compatlble with primers used. The term "exposed surfaces" includes areas visible when permanent or built-in fixtures, convector covers, covers for :tinned-tube radiation, grilles, and similar components are in place. Extend coatings in these areas, as' required, to maintain the system integrity and provide desired protection. Paint surfaces behind movable equipment and furniture the same as similar exposed surfaces. Before the final installation of equipment, paint surfaces behind permanently fixed equipment or furniture with prime coat only. Paint interior surfaces of ducts with a, flat, nonspecular black paint where visible through registers or grilles. Paint back sides of access panels and removable or hinged covers to match exposed surfaces. Finish doors on tops, bottoms, and side edges the same as exterior faces. Finish interior of wall and base cabinets and similar field-finished, casework to match exterior. Sand lightly between each succeeding enamel coat. 3. 4. 5. 6. 7. 8. 9. 10. B. Scheduling Painting: Apply first coat to surfaces have been cleaned, pretreated, or otherwise prepared for painting as soon as practicable after preparation and before subsequent surface deterioration. 1. The number of coats and the film thickness required are the same regardless of application method. Do not apply succeeding coats until the previous coat has cured as recommended by the manufacturer. Ifsanding is required to produce a smooth, even surface according to manufacturer's written instructions, sand between applications. 2. Ifundercoats, stains, or other conditions show through final coat of paint, apply additional coats until paint film is ofunifoni:1 finish, color,"and appearance. Give special attentiorito ensure edges, comers, crevices, welds, and exposed fasteners receive a dry film thickness equivalent to that of flat surfaces. 3. Anow sufficient time between successive coats to permit proper drying. Do not recoaf surfaces until paint has dried to where it feels firm; does not deform or feel sticky under moderate thunib pressure, and where application of another coat of paint does not cause the undercoat to lift or lose adhesion. ' c. Application Procedures: Apply paints and coatings by brush, roller, spray, or other applicators according to manufacturer's written instructions. 1. Brushes: Use brushes best suited for the type of material applied. Use brush of appropriate size for the surface or item being painted. 2. Rollers: Use rollers of carpet, velvet back, or high-pile sheep's wool as recommended by the manufacturer for the material and texture required. 3. Spray Equipment: Use airless spray equipment with orifice size as recommended by the manufacturer for the material and texture required. D. Minimum Coating Thickness: Apply paint materials no thinner than manufacturer's reconnnended spreading rate. Provide total dry film thickness of entire system as recommended by the manufactUrer. Mechanical and Electrical Work: Palnting of mechanical and electrical work is limited to items exposed in equipment rooms and in occupied spaces. E. F. Prime Coats: Before applying finish coats, apply a prime coat of material, as reconnnended by the manufacturer, to material that is required to be painted or finished and that has not been prime coated by others. Recoat primed and sealed surfaces. G. Pigmented (Opaque) Finishes: Completely cover surfaces as necessary to provide a smooth, opaque surface of uniform finish, color, appearance, and coverage. Cloudiness, spotting, holidays, laps, brush marks, runs, sags, ropiness, or other surface imperfections will not be acceptable. H. Transparent (Clear) Finishes: Use multiple coats to' produce a glass-smooth surface film of even luster. Provide a finish free of laps , runs, cloudiness, color irregularity, brush marks, orange pee~ nail , 09900-5 - I I I I I I I I I I I I I I I I I I I holes, or other surface imperfections. 1. Provide satin finish for final coats. I. Completed Wode Match approved samples for color, texture, and coverage. Remove, refinish, or , ' repaint work not complying with requirements. 3.4 FIELD QUALITY CONTROL A. The Owner reserves the right to invoke testing of applied materials at any time and as often as the Owner deems necessary during the period when paint is being applied. 3.5 CLEANING A. Cleanup: At the end of each workday, remove empty cans, rags, rubbish, and other discarded paint materials from the site. 1. After completing painting, clean glass and paint-spattered surfaces. Remove spattered paint by washing and scraping. Be careful not to scratch or damage adjacent finished surfaces. 3.6 PROTECTION A. Protect work of other trades, whether being painted or not, against damage by painting. Correct .. damage by cleaning, repairing or replacing, and repainting, as approved by Architect. B. Provide "Wet Paint" signs t;o protect newly painted finishes. Remove tetnporaryprotective wrappings provided by others to protect their work after completing painting operations. 1. At coinpletion of construction activities of other trades, touch up and restore damaged or defaced painted surfaces. Comply with procedures specified in PDCA PI. 3.7 INTERIOR PAINT SCHEDULE (Not Used) 3.8 EXTERIOR PAINT SCHEDULE (colors to be selected by Architect.) A. Ferrous Metal (Shop Primed):(touch-up prime coat) , 1. Touch up prime coat 2. 1 st Coats: ICI: Dev-Guard Alkyd Industrial Metal Primer No. 4100. 3. 2nd & 3n1 Coat ICI : Devflex ~emi-Gloss No. 4206. B. Ferrous Metal (Not Shop Primed): 1. 1 st Coat: ICI 2. 2nd & 3n1 Coat: ICI : Dev-Guard Alkyd Industrial Metal Primer No. 4100. : Devflex Semi-Gloss No. 4206. C.. Metal, galvanized: 1. I st Coat: 2. 2nd & 3n1 Coat: ICI ICI : Dev-Guard All Purpose Metal Primer No. 4160. : Enamel No. 500. D. Exposed Piping (Except chrome-plate), Conduit, Etc.: 1. 1 st Coat: ICI: Dev-Guard Alkyd IndUstrial Metal Primer No. 4100. 2. 2nd & 3n1Coat: ICI : Devflex Semi-Gloss No. 4206. E. Concrete Masonry: 1. 1 st Coat: 2. 2nd Coat: 3. Accent Border: (3rd & 4th Coats) ICI ICI ICI : Acrylic Semigloss (low sheen) Exterior Primer. : Acrylic Semigloss (low sheen). : Semigloss exterior enamel. END OF SECTION PAINTING 09900-6 I I I I I I I I I I I I I I I I I I I DnnffiON11-EQUlPMrnNT SECTION 11480 - ATHLETIC EOUlPMENT PART I-GENERAL 1.1 SUMMARY A. This section shall include the furnishing of all equipment and labor necessary to complete athletic equipment, basketball backstops, and volleyball equipment.shoWn on the drawing(s) and/or herein specified. All equipment specified shall be supplied by one manufacturer. 1.2 RELATED SECTIONS A. Allowances/Substitutions - Div. 1 B. Cast in Place Concrete - Div. 3 C. Finish Painting - Div. 9 1.3 REFERENCES A. Equipment specified shall conform to the latest rules and regulations of the National Collegiate Athletic Association (NCAA) (One NC~ Plaza, 700 W. Washington St., Indianapolis, IN 46204 (317-917-6222). B. Equipment specified shall conform to the latest rules and regulations of the National Federation of State High School Association (NFSHSA) (p.O. Box 690- Indianapolis, IN 46206-0690. Telephone: (317-972-6900)' 1.4 SUBMITTALS' A. Submit shop drawing for equipment Show location and detail of attachments. B. Indicate each item being fuinished including materials, quantities, locations, connections and fasteners. Include dimensioned layout of equipment locations. C. Submit copy of manufacturers Certificate of Insurance. D. Submit static loads and point reactions complete with calculations for each backstop in compliance with paragraph 1.05 Engineering Data. E. Submit copy of additional guarantee/warranty information for indicated items with shop drawing submittals. 1.5 ENGINEERING DATA A. General load charts or generic product laboratory test dlita will not be considered sufficient data for approval. 1.6 WARRANTY A. Provide a one year warranty against defects in materials and workmanship. 1.7 QUALITY ASSURANCE A. While it is not the intent to limit competitive bidding, the manufacturer and equipment specified is listed as a standard of quality, durability and performance. Items furnished shall be of the same manufacturer to assure similar operation, safety, routine maintenance and service. ATIfl..,ETIC EQUIPMENT 11480 - 1 b) External Adjustment - allows unit to infinitely adjust 6' to 10'. I I PART 2 - PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS I A. The gymnasium equipment specified, in order to establish a basis of design, performance and quality, is based on products manufactured by Porter Athletic equipment Co., 2500 South 25th Ave, Broadview, lllinois 60155 All provisions of the specifications must be complied with before fabrication and/or delivery. I B. Subject to compliance with all requirements, provide gymnasium equipment by one of the following manufacturers. 1. Porter Athletic Equipment 2. ADP Athletic ' 3. BPI 4. GOalsetter Systems (Basis of Design), Model "MVP" Basketball Goal I I c. Other manufactures desiring consideration are invited to bid provided they submit to the Architect complete specifications; cuts, descriptions, detailed list of similar installations of the proposed materials for proper evaluation prior to ten ilQ). days before Bid Date. The Architect will grant approval, if acceptable, by addendum to all contractors/bidders. I I D. The approval of other manufactures names and product number do not relieve the contractorfrom furnishing products which comply with all of the detailed requirements of the base specification. I E. Manufacture's products shall be. standard cataloged items and shall be a consistently offered line of equipment. Manufacture's published literature must clearly show that the products being.furnished are in compliance with these specifications. Otherwise, a detail listing of differences is required prior to bid. I I F. Manufacture's in order to be considered must have at least 5 years of experience producing equipment of the type and design specified. Manufacturer must be able to furnish a reference list of recent projects (within 100 mile radius of this project site) with similar products in compliance with these specifications. I 2.2 MATERIALS I A. Provide where indicated on drawings, the following basketball backstOp support structures. 1. Ground Anchor: a) 6" square x 42" long structural steel tubing (3/16" wall thickness) with a hinged 1/2" x 7 %" x 9 W' steel mounting plate on top. 2. Pole: a) Offset design, 6" square structural steel tubing (3/16" wall thickness) with a hinged W' x 7 %" x 9 W' steel mounting plate on bottom. Visual Height Indicator located on side of pole verifies rim height. 3. Height Adjustment System: a) Internal Adjustment - allows unit to infinitely adjust 6' to 10' with the Height Adjustment Crank Handle which extends from back of mast approximately 36" from the base and is removable. ATHLETIC EQUIPMENT 11480 - 2 . I I I I I I I I I I I I I , 6. ATHLETIC EQUIPMENT 3. Extension Arms: a) 1 Yz" x 3", 11 gauge rectangular steel tubing. 4. , Backboard: a) Regulation (NBA I NCAA) 42" x 72" x 3/8" Fortified Acrylic. Marked with a regulation border and target area. At any height the backboard extends from the pole a minimum of 48". Support frame is 1 Yz" square structural steel tubing. Steel rim mounting plate is W' x 7 W' x 10". Rim: a) Made of high tensile alloy steel with a ring diameter of5/8. Customer to choose type of rim. 5. Hardware. , 7. Paint: a) One coat of surface primer with two coats high gloss acrylic enamel paint. 8. Weight: , a) Internal adjustment - 585 Ibs., External Adjustments & Fixed Height - 565 lbs. 9. Keyed Pinlock for Internal and External Adjustment will be welded shut 10. Two Main Court Backstops: Provide Two model 926 overhead supported backstop incorporating a fully welded vertical front frame assembly consisting of a main center mast of 6-5/8" O.D. heavy wall structural steel tube with diagonal side sway braces of 2-1/2" rectangular steel tube. Ends of diagonal brace tubes and internal web bracing shall be precision machine cut to provide maximum weld surface contact to form a unitized, back-to-back triangular type structural design to provide superior Iateral stability. Top horizontal mast hinge spreader shall be a heavy 4" structural channel. Backstop shall be supported from 3-1/2"0.D. pipe anchored to overhead framing members by means of heavy formed steel suppoft fittings which must be capable of supporting a load exceeclliig 10,000 , pounds with sufficient attacIunent points and meeting a safety factor 0(60 to 1. Certified test results shall be furnished with submittals. All goals shall mount directly through backboard and into a heavy structural steel weldment "Center-Strut"@ which shall be clamped to the vertical 6-518" O.D. center support to eliminate any strain on backboard should a player hang on the front mounted goal and to be in compliance with NCAA andNFSHSA requirements. 'All fittings shall be attached to the 6-5/8" O.D. vertical drop tube by heavy W' thick precision saddle die- cut formed steel fittings secured in place by 5/8" diameter,"U"-bolt type hardware. The upper backboard extension assembly shall provide the official NCAA and NFSHSA regulation 6" from the front of the Center- Strut@ to the face of the backboard. Backstop frame shall be supported and fixed in playing position with 1-7/8" diagonal rear brace. 11. Provide each backstop with #228-300 Dura-Lam rectangular wood backboard 72" x 42"x 1-9/16" thick high density wood composite core with 1/32" thick, smooth, satin-finished white polyethylene faces laminated to front and backside, with regulation perimeter striping and target markings in official orange as an integral part of the laminate on the playing face of the backboard. Wood core shall be 1-1/2 thick, 55 Ib.lcf density particle board. Provide threaded inserts (3/8" - 16) on backside for mounting. 11480 - 3 - -- - I 12. Provide for each 228 backboard a goal fabricated from 5/8" diameter steelto meet all regulations. Goal ring shall be provided with twelve "no-tie" attachment clips for net attachment Provide a high quality net Entire goal shall be finished in official orange ' powder coat finish. ' I I PART 3 - EXECUTION I 3.1 INSPECTION I A. Examine work in place on which specified work is in any way dependent to ensure that conditions are satisfactory for installation of specified work. Report in writing to the General Contractor and the Architect any defects which may influence completion of specified work. Absence of such notification will be construed as acceptance of work in place. Do not attempt installation until correct conditions are present or you have a written order to do so. I I 3.2 INSTALLATION A. Equipment herein specified shall be installed by factory trained craftsmen skilled in their trade, and be responsible for accurate fit of specified work. B. Install and assemble all equipment furnished in accordance with manufacturer's instructions and approved shop drawings. This contractor shall adjust backstops, backboards and goals for plumb and level. This contractor shall set and adjust manual winch upper and lower limit controls. Demonstrate operation of all units to the owner or his authorized agent and give keys to the owner or his authorized agent. I 1 END OF SECTION I I I I I I I I I I , ATHLETIC EQUIPMENT 11480 - 4