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Home My WebLink AboutPEEK PAVEMENT MARKING LLC OFF-SYSTEM SAFETY PROJECT PROJECT NUMBER: XXX-XX-XXXXXX Table of Contents Section Pages Invitation to Bid Instmction to Bidders Georgia Prompt Pay Act Special Conditions Addendum(s) IBI-IB3 PP A - I SCI - SCS Agreement Contractor's Statements: AI-A4 ~ Contractor's Statement of Non-Discrimination ....................... ~ Non-collusion A of Prime Bidder/Offeror ....................... ~ Conflict of Interest Statement ....................... ~ Contractor's Affidavit and Agreement Statement ....................... ~ Contractor's Reference ....................... ~ Subcontractor's Affidavit ....................... ~ Non-collusion Affidavit of Subcontractor ....................... ~ LSB Subcontractor/ Supplier Utilization Plan ....................... ~ Good Faith Efforts Subcontractor & Supplier Contact Form ....................... ~ Contractor's Bonds/Power of Attorney ...................... General Conditions GCI - GC37 PI-P79 TSI - TS9 Proposal Technical Specifications Attachments ~ 1A GDOT & ARC Agreement ~ IB Davis-Bacon Act ~ IC Debarment, Suspension, and Other Responsibility Matters ~ ID Title VI of the Civil Rights Act of 1964 ~ IE Appendices o Appendix A o Appendix B o Appendix C o Appendix H 1-13 IBI-IB12 IC IDI-ID3 AI - AS BI CI HI - H2 Invitation To Bid Sealed bids will be received at this office until 11 :00 a.m. Friday, December 11, 2009 for furnishing: Bid Item #09-180 Off-System Striping and Signing Project for Engineering Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street - Room 60S, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $25.00. Documents may be examined during regular business hours at the F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30901.lt 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.auaustablue.com) at no charge through Augusta Blue Print (706 722-6488) beginning Thursday, October 29, 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 Friday, November 20, 2009 @ 10:00 a.m. in the Procurement Department - Room 605. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All questions are to be submitted in writing by Tuesday, November 24, 2009 by 5:00 p.m. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders' qualifications; a 100% performance bond and a 100% payment bond will be required for award. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside of the envelope. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle Metro Courier October 29, November 5, 12, 19,2009 November 4, 2009 cc: Tameka Allen Abie Ladson Hameed Malik Interim Deputy Administrator Engineering Department Engineering Department SECTION IB INSTRUCTION TO BIDDERS IB-O 1 GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Purchasing Department, 530 Greene Street, Augusta, Georgia, 30911 and to be given consideration must be received at least ten working days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent to the Augusta-Richmond County Purchasing Director at least five working prior to the date fixed for the opening of bids. The Purchasing Director shall send by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three working days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. 1B-l IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB-05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated, quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-2 IBM06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the owner for the use of the owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the owner harmless from all cost and charges that may acCrue on account of the owner performing the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the owner and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof, a certified and effectively dated copy of the power ofattomey. IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. 18-3 GEORGIA PROMPT PAY ACT This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O. C. G.A. Section 13 -11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided 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. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. NOTICE All references in this document, which includes all papers, writings, drawings, plans or photographs to be used in connection with this document, to "Richmond County Board of Commissioners" shall be deemed to mean "Augusta Richmond County Commission-Council and all references to "Chairman" shall be deemed to mean "Mayor". DISPOSALS Prior to any material from this project being wasted or otherwise disposed of outside the project limits the Contractor shall furnish the Engineer a copy of written permission, signed by the property owner (or his authorized agent) describing the estimated amount and type of material to be placed on said property. If any portland cement concrete, asphaltic concrete, wood or other such materials are to be wasted on the property, a copy of the owner's inert landfill permit, issued by the Environmental Protection Division shall be furnished to the Engineer prior to any such waste being removed from the project. In all cases, regardless of the material being wasted, a grading permit issued by Augusta Richmond County must be furnished to the Engineer. PP A-I AED -Off-System Safely Project SECTION SC-O 1. SC-02. SC-03. SC-04. SC-05. SC-06. SC-07. SC-08. SC-09. SC-IO INDEX TO SPECIAL CONDITIONS Scope of Work Traffic Control Compliance with Laws, Codes, and Regulations, Etc. Construction Order and Schedule Georgia Prompt Pay Act Disputes Interest Not Earned on Retainage Equivalent Materials Masters GolfToumament Appendices SPECIAL CONDITIONS SC-Ol. SCOPE OF THE WORK: The project referred to in the Agreement shall consist of the installation of the safety elements consisting of the placement of the thennoplastic roadway striping, raised pavement markers, and various signing (R-series. W -series, and S series per the provisions and reporting requirements set forth in the attached agreement entitled "Agreement for Off System Safety Project between Department of Transportation State of Georgia and Augusta-Richmond COWlty (see attachment lAY'. For the purposes of this contract, all duties required of the "SPONSORtt in the attached Agreement shall be put upon the "CONTRACTOR." SC-02. TRAFFIC CONTROL: Traffic control shall conform to the latest edition of the Georgia Department of Transportation Special Condition 150. The Contractor shall give prior written notification to and shall obtain the approval of the Augusta Fire Department, Police Department, Emergency Medical Services, and the Augusta Traffic Engineering Department of any street closures. SC-03. COMPLIANCE WIm LA WS_ CODES_ AND REGULATIONS. ETC.: Supplementing the provision of the GENERAL CONDITIONS, the successful bidder awarded this contract by signing the contract acknowledges the following, however, this is not to be construed as all inclusive or being these only: 1. Davis-Bacon Act: The Contractor signing the contract acknowledges that he is fully aware and will comply with of the contents and requirements of The Davis-Bacon Act of 1931, as amended. ((See attachment IB)) 2. Debarment. Suspension. and Other Responsibility Matters: The Contractor must provide "Certification Regarding Debarment, Suspension, Ineligibility, and VolWltary Exclusion - Lower Tiered Covered Transactions." ((See attachment I C) 3. Title VI of the Civil Rights Act of 1964: (See attachment 1 D) SC2 4. Underground Gas Pipe Law: The Contractor signing the contract acknowledges that he is fully aware of the contents and requirements of "Georgia Laws 1969, Pages 50 and the following, and any amendments and regulations pursuant thereto", and the Contractor shall comply therewith. 5.. High Voltage Act: The Contractor by signing the contract acknowledges that he is fully aware of the contents and requirements of "Act No. 525, Georgia law 1960, and any amendments thereto, and Rules and Regulations of the commissioner of Labor pursuant thereto" (the preceding requirements within quotation marks being hereinafter referred to as the "high voltage act"), and the Contractor shall comply therewith. The signing of Contract shall also confirm on behalf of the Contractor that he: A. has visited the premises and has taken into consideration the location of all electrical power lines on and adjacent to all areas onto which the contract documents require to permit the Contract either to work, to store materials, or to stage operations, and B. that the Contractor has obtained from the Owner of the aforesaid electric power lines advice in writing as to the amount of voltage carried by the aforesaid lines. The Contractor agrees that he is the "person or persons responsible for the work to be done" as referred to in the high voltage act and that accordingly the Contractor is solely "responsible for the completion of the safety measures which are required by Section 3 of the high voltage act before proceeding with any work." The Contractor agrees that prior to the completion of precautionary measures required by the high voltage act he will neither bring nor permit the bringing of any equipment onto the site (or onto any area or areas onto which the contract documents require or permit the Contractor to work, to store materials, or to stage operations) with which it is possible to come within eight feet of any high voltage line or lines pursuant to operations arising out of performance of the Contract. The foregoing provisions apply to power lines located (a) on the site and (b) on any area or areas onto which the contract documents require or permit the Contractor either to work, to store materials, or to stage operations, or (c) within working distance for equipment or materials, being used on (a) and (b) above. These provisions of the Contract do not limit or reduce the duty of the Contractor otherwise owed to the Owner, to other parties, or to both. The Contractor agrees that the foregoing provisions supplement provisions of the General Conditions. The Contractor agrees and acknowledges that any failure on his part to adhere to the high voltage act shall not only be a violation of law but shall also be a breach of contract and specific violation of the SC3 provisions of the General Conditions which pertains to safety precautions. 6. Occupational Safety & Health Act: The Contractor by signing the contract acknowledges that he is fully aware of the provisions of the Williams-Steiger Occupational Safety and Health Act of 1970 and he shall comply therewith. SC-04. CONSTRUCTION ORDER AND SCHEDULE: 1. The Contractor shall be responsible for the detailed order, schedule, and methods of construction activities within the general guidelines specified for maintenance and protection of highway and pedestrian, traffic; utility lines; drainage ways; adjacent properties; and as otherwise specified. 2. After notice to proceed and prior to the first payment on the contract the Contractor shall submit the following for review: A. Breakdown of contract price into units of cost for each item required to complete the total work; this breakdown will be the basis for judging the percentage complete at any time. B. A statement of the order of procedure to be followed that will result in the required protection and completion of the work within the overall contract time. SC-OS GEORGIA PROMPT PAY ACT: This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. SC-06. DISPUTES: All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided 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. SC-07. INTEREST NOT EARNED ON RET AINAGE: Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due to the Contractor on any sum held as retainage pursuant to this Agreement and SC4 Contractor specifically waives any claim to same. SC-08. EOUIV ALENT MATERIALS: Notwithstanding any provision of the general conditions, there shall be no substitution of materials that are not determined to be equivalent to those indicated or required in the contract documents without an amendment to the contract. SC-09 MASTERS GOLF TOURNAMENT: Any work planned to be accomplished during or directly before the Masters Golf Tournament must be submitted to and approved in writing by the Owner. Consideration will be given only for contract time extensions as a result of delays in accomplishing the work. No consideration will be given for claims for damages. SC-IO APPENDICES (See attachment IE) SC5 TO: FROM: DATE: SUBJ: BID ITEM: ~e'HDIt!"/II.' ~"""Qlt!"/I/ ~ ~t!"A' ~Q"" ~~~.... All Bidders Phyllis Mills, Quality Assurance Analyst Abie Ladson, Engineering Department Geri Sams h t-lL PfrI' Procurement''Director December 1 , 2009 Responses to Vendor Questions Bid 09-180 Off-System Striping and Signing Project BID OPENING: Friday, December 11,2009 at 11:00 a.m. ADDENDUM NO.1 Bidders on this project are hereby notified that this Addendum shall be attached to and made part of the above-named Bid Package. The following responses are provided to Vendor questions: Question: ResDonse: Question: ResDonse: Question: ResDonse: Will a penalty or liquidated damages be assessed if work does not begin within fourteen days of being awarded the contract due to weather or lead time on the manufacturing of signs? No. Will a penalty or liquidated damages be assessed if no work is performed over a two- week period of the job? No. Will a penalty or liquidated damages be assessed if the project is not completed within 6 months but no longer than 12 months of the start date? No. Please acknowledge addendum in your submittal END ADDENDUM Room 605 - 530 Greene Street, Augusta Georgia 3090 I (706) 821-2422 - Fax (706) 821-2811 Addendum 1 Bid Item #09-180 www.augusta~a.gov Page 1 of 1 Register at www.demandstar.com/suoolier for automatic bid notification SECTION A AGREEMENT THIS AGREEMENT, made on the _ day of , 2010 by and between the City of Aue:usta party ofthe first part, hereinafter called the OWNER, and Peek Pavement Markine:. LLC party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the consid~ hereinafter names, agree as follows: ARTICLE I - SCOPE OF THE WORK: The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled: OFF-SYSTEM SAFETY PROJECT PROJECT NUMBER: XXX-XX-XXXXXX And in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES: The work to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the Owner to the Contractor to proceed. All work shall be completed within 180 calendar days with such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be executed regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. A-I AED -Off-System Safety Project ONCE MOBILIZED, THE CONTRACTOR SHALL NOT STOP MAJOR CONSTRUCTION ACTIVITIES FOR MORE THAN 14 DAYS, UNLESS APPROVED BY THE ENGINEERING DEPARTMENT. IN THE EVENT THAT UNAPPROVED MAJOR CONSTRUCTION ACTIVITIES ARE CEASED FOR MORE THAN 14 DAYS, A TOTAL OF TWO THOUSAND DOLLARS ($2.000) SHALL BE PAID TO THE OWNER FOR EACH AND EVERY CALENDAR DAY THE CONTRACTOR DOES NOT COMMENCE ,MAJOR CONSTRUCTION ACTIVITIES. MAJOR CONSTRUCTION ACTIVITIES SHALL BE DETERMINED BY THE ENGINEERING DEPARTMENT. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Two Thousand Dollars $2.000 not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III -PAYMENT: (a) The Contract Sum The owner shall pay to the Contractor for the performance of the contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. (b) Progress Payment No later than the fifth day of every month, the Contractor shall submit to the Owner's/ Engineer, an estimate covering the percentage of the total amount of the contract which has been completed from the start of the job up to and including the last working day of the proceeding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run, following approval of the invoice for payment, the owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. A-2 AED -Off-System Safety Project ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT: (a) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days, make such inspection and when he finds the work acceptable under the contract and the contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the owner within 15 days after the date of said final certificate. (b) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the contractor except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the contract, make payment of the balance due for that portion of the work fully completed and accepted. (e) Notwithstanding any provision of the General Conditions, there shall be no substitution of materials or change in means, methods, techniques, sequences or procedures of construction that are not determined to be equivalent to those indicated or required in the Contract Document, without an Amendment to the Contract. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. A-3 AED -Dff-System Safety Project IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. AUGUSTA, GEORGIA COMMISSION-COUNCIL (Owner) ,As;y: n1ceyC:od~r l/It;(lD Secretary ~~ U) .!f~ ~ CONTRACTOR: PEEK P.Jl,\JEMENT MARKING, LLC By: Title: SEAL Address: ~ (, CD fl~( JvnU ~J7 ()." Attest ~ ~ 5t'7D9 I i1!/i0-- Secretary Afa.h~ o - Witness A-4 AED -OfT-System Safety Project "<-"~'7:'-';;~.:j~~'-~;-^""',~ ,/,'......-.....-.- '" .'. . l i""r":"~_i.~.~ '" .:. ! \.. ... ; I I . I if ;:~I'A - ,.~~~:::.:::~_:.::/';... . USE THE ATTACHED FORMS AND ADHERE TO THE INSTRUCTIONS ON EACH FORM PLEASE DO NOT SUBSTITUTE FORMS: Attachment B: Statement of Non-Discrimination, Non-Collusion Affidavit of Prime Bidder/Offeror. Conflict of Interest and Contractor Affidavit and Agreement. Bidder's Form/Acknowledgement of Addenda Note: THE ABOVE FORMS MUST BE COMPLETED AND SUBMITTED WITH YOUR SUBMITTAL Georgia Security and Immigration Subcontractor Affidavit Non-Colluslon Affidavit of Sub-Contractor Local Small Business (LSB) Good Faith Efforts Local Small Business (LSB) Subcontractor/Supplier Utilization Plan Note: The successful vendor will submit the above forms to the Procurement Department not later than five (5) days after receiving the "Letter of Recommendation" (vendor's letter will denote the date forms are to be received) The exception Sheet (if applicable) Local Vendor Preference (if applicable) Note: Use Only If Applicable Local Small Business (LSB) monthly subcontractor/supplier utilization report will be submitted upon request from the DBE OffIce Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department Is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Bid 09-180 Off-System Striping & Signing Project Page 5 of 13 Attachment B Listed below is a consolidated listing of the Statement of Non-Discrimination, Non-Collusion Affidavit of Prime Bidder/Offeror, Conflict of Interest and Contractor Affidavit and Agreement. Please complete, date, notarize and return pages 1-3 of Attachment B with your submittal. Statement of Non-Discrimination The undersigned understands that it is the policy of Augusta-Richmond County to promote full and equal business opportunity for all persons doing business with Augusta-Richmond County. The undersigned covenants that we have not discriminated, on the basis of race, religion, gender. national origin or ethniclty, with regard to prime contracting, subcontracting or partnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable participation of local small businesses on the bid or contract awarded by Augusta-Richmond County. The undersigned further covenants that we have completed truthfully and fully the required forms regarding good faith efforts and local small business subcontractor/supplier utilization. The undersigned further covenants and agrees not to engage in discriminatory conduct 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 Company 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-cliscrimination 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 failure of this Company to satisfactorily discharge any of the promises of nondiscrimination 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 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. Bid 09-180 Off-System Striping & Signing Project Page 6 of 13 Attachment B - Page 2 of 3 Non-Collusion of Prime Bidder/Offeror By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the proposal 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 vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor. (c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. Collusions and fraud in bid preparation shall be reported to the State of Georgia Attomey General and the United States Justice Department. Conflict of Interest By submission of a bid, the responding firm certifies, under penalty of perjury, that to the best of its knowledge and belief: 1. No circumstances exist which cause a Conflict of Interest in performing the services required by this ITS, and 2. That no employee of the County, nor any member thereof, not any public agency or official affected by this ITB, has any pecuniary interest in the business of the responding firm or his sub-consultant(s) has any interest that would conflict in any manner or degree with the performance related to this ITS. By submission of a bid I the vendor certifies under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the bid have been arrived at independently without collusion, consultation, communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly been disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or competitor. c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or cooperation to submit or not to submit a bid for the purpose of restricting competition. For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration. Bid 09-180 Off-System Striping & Signing Project Page 70f13 Attachment B - Page 3 of 3 Contractor AffIdavit and Aareement By executing this affidavit. the undersigned contractor verifies its compliance with O.C.G.A. 13-10-91. stating affirmatively that the individual. firm. or corporation which is contracting with Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program. [any of the electronic verification of work authorization programs operated by the United States 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], in accordance with the applicability provisions and deadlines established in O.C.G.A 13-10-91. The undersigned further agrees that. should it employ or contract with any subcontractor( s) in connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners. contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor( s) is retained to perfonn such service. Georgia Law requires your company to have an E.Verify*User Identification Number on or after July 1. 2009. For additional information visit the State of Georgia website: httos:lle-verifv.uscis.cov/enroll/ and/or htto:/Iwww.dol.state.aa.us/odf/rules/300 10 1.odf Be u- L- ,3. ~ ~ E-Verlfy · User Identification Number The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the Augusta Richmond County Board of Commissions specifications which govem this process. In addition. the undersigned agrees to submit all required forms for any subcontractor(s) as requested and or required. I further understand that my submittal will be deemed non-compliant If any part of this process is violated. f €.e ~ ?o..\I€ ~.,+ fl'.o.c k~ LLL Compan Nam . Date: l ~ r q --09 . Autho ad ffi (Contractor Signat ) \if f\ ~""""'~~o,", Title of Authorized Officer or Agent of Contractor \-\~\ .S ~cr+~<,,-c...~ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE (l{'"'- DAY OF ~\ . 200.3- ,.~~~ Notary Public . . My Commission Expires Aug. 13,2013 My Commission Expires: NOT ARV SEAL Please complete, date, notarize and return pages 1.3 of Attachment B with your submittal Bid 09-180 Off.System Striping & Signing Project Page8of13 PEEK PAVEMENT MARKING IS PLEASED TO OFFER REFERENCES FOR OUR WORK. WE TRUST THAT ALL BIDDERS WILL BE WILLING , TO DO THE SAME. PEEK PAVEMENT MARKING REFERENCES: FAYETTE COUNTY PURCHASING ATTN: MR. TIM JONES 140 STONEWALL AVE WEST FAYETTEVILLE, GA 30214 770-460-5730 (MARKINGS ON VARIOUS ROADS) (COMPLETED 1/31/08) THOMAS COUNTY BOARD OF COMMISSIONERS A TTN: MR. TONY WOOTEN P.O. BOX 920 THOMASVILLE, GA 31799 229-225-4161 (MARKINGS ON VARIOUS ROADS) (COMPLETED 11/30/07) PAULDING COUNTY DEPARTMENT OF TRANSPORTATION ATTN: MR. GEORGE JONES 329 NORTH INDUSTRIAL WAY DALLAS, GA 30132 770-445-4759 (MARKINGS ON VARIOUS ROADS) (COMPLETED 4/30/07) ADDITIONAL REFERENCES ARE A V AILABLE IF REQUESTED. TRAFFIC STRIPE PAINTING AND THERMOPLASTIC APPLICATION FOR 1-l1r.:I-lW4VC ^ "11"\ ^ I~~.....,",_~ JAN-04-2010 09:23 PEEK PAVEMENT MARKING LLC IUOJOJllbt; P. 002 7065637762 P.002 ~ STATE OF O&OItGlA. COl/tny OF RICHMoND 8IDIRFPAIFQIJ_. 0'l-180 8UBCONTRACTORAFFIDA~ ev--.glhla lIIlIdrm. file ~ IUbc:anhClllr V8IIfios lis COIIIpf_ with O.C.G.A. 13-10-91, lIMine 8fIIrmlIrIwfy lhIl file IndMcI I, Inn, or lion Ioh lungegedin 1he1lhY*el P8IfOnn8nce at MMca UIlder. _ct ..... an beh8Jf of Augusm RicllmancI CounIy hill of~ Ilu ngI.18r8d with lIlId II PIlI1ic/pe g hi . f8c/era1WIlrk 'IlIhorizetlon PftIgnlm. [IIny of file .r.c:tlanlc ............ 0/ - lUIhatlzeaon ........... CIll8I8Iod b\I file UniIod SlIItaI ~ of HOIIIIIIncI S8CUrtIy or any equ"'*m...... _ .UIhclrt:mIion P/lIQnIIIIlIpetlIl8d b\l1Io Unlled $..... Oe\lIIflrnentofHomoolsnd Securilyto -w'y1ntclrrnstion of new!yhnd ~, ""- to lie IIftII1lgretlan IWonn Incr Control Acl of I. (IRCAI. P.L IJ9.e03J. hi --... wf'" 1he applfcabifi1yproyfsfons and deadllnet estabftthed In O. C. G. A 13-10.91. h~)8 E-Verffy · U.... IdentlftcltIon Number ~~ (,... S1,: O....,~^"~j I":b..c.. ~. ~ BY; A Agoftt I -.....Xl - ~~1J f~ T. ~ Authoriied 0ftICir or Agerii at Contractor _ J\)"'",,~~) ~ Pttniid Ham of AuthorIZid OffIcer or Agent SUBSCRI8!D AND SWORN BEFORe ME ON THIS THE 1/ DAYOFJJ--2OlIlL ~l Y L~ Pubfic- _ My CommJallon exp;...: ~ [I c3- - /1 ~ uw.........)OUr c:om,an~to Mw 11ft &-,,~..................on or __ JUly 1, 200'. For additional int'onnation: State of Ceo..... ~~::.::=.~~1'II\ft 10 1.bCI NOTARY SEAL. Ifllleo"... no.............. ~.......... 11IIII1'" _ twr-. Nt"..... ...._-..... ,.., 71le.--., ......._~..._....... II> file "'--n...'OoiIwlmenIno....._.... ,.,...~--....... .'"-",~.~. Iottw_donote.............. .,.,,. b. fWJeIvwI) REv. 8/11/01 Bid Oo.f80~ s.." Slnae PIle 20" JAN-04-2010 08:23 PEEK PAVEMENT MARKING LLC 'UUJU.lIIUI; P.003 7065637762 P.003 In ~.tlCI wtIh "'.t.ewe of Georgia. Ihe to.owIng afIidI~ II reQUIred by II vendora I, Jft~ft'l>!L f\l1lf./l.I..5 COflIfy Ihollhis bid IN' ~ Is ... >oIIMIuI polar ~ ~1N'~llny-, firm IN'_lUllmilllngabidr...IIle_-. ~or_.. be done IN' the....... m....... IN' 0QU/pIh0ru .. be lurniahed IIIId io In .. .....- "* """ ....... ......Ion or .....,-...... oaIuaIvo bidding lIa wIaI-. ., __ fodaroIlIIw 8I1d ClIft _In ~. ........___ 8I1d cIwtI dim.. -,''',, 8bldo by." cor-..., WI bid or __ """ C8rIIIy 1Ilel' 8tll8lllllariad.. IlQn thl. bid or PtOPoaaI far the bidder. Affiant I"" that IM,Jt'lUInt to O.C.G.A. Section 38-01.21 Cd) 8IId Ce). . . , .... IllIl. by .... IN' .. ........ dIredIy or indINcuy, - or --.. - on WI """ bldllngor "'-afsbyany_ ""'""'-.AfIiIIIIt"""'"' -lhar (I)he.... nalll'-.eed or................ _ a_ fhlm mllldng 8 bid or....... the PIlll8ctbyanr m_ *-Mver. nor hit AffIant calIIed or ~ another to Withdraw I bid Of offer for the wark. AlII8nt furtIw -1Ilat lha - ....., ~q~ .~ II ...... ftcla. """ IIlel no _..._ 10 a"" ..",.,.., 8I1d -..... fD lIOIlUCIl IN' ~ .. AlIllioh lha _ fD 1he _ GIlly. or r furnished to In)' other bIddIr. that the met.ill shall be at . higher prlce. ~~"-.- - ld ~U ~ ~. n ~ ~ IU"- ~ me UIlI. -.!. day'" Ja.I<M.4v i . --'L ~ Nd.cr^4 :J NtMry PubJtc: ~ L. k,'ct.. Ct y d "- counly....BI{J'~ Commiaaion EJCpInts: ,].. J 1- II NON-cOLLU81ON AFF'DAVIT OF SUBCONTRACTOR (PrInt Name) 1f......_...8U~-.................. ",uotbo_(_~..1\o -. 8I1d-...~ Nee.: TIJoa-..."__......,,,.......Almo to....""-~...__... fII.... -............... "'-al____.~'"-W/II__...__. .. to '- teOet.lfHl) NOTARY SEAL - lid 090110 ~Iem ~'....... P-au 01, ,."...1", "I..JI"CV"H::) 1 Nl.2 e P.06 ~ i I '~ 1 Ii] ~ i 'I ~ ~ ! s t . &1 I i UI ; 5 f .l! Ii ~ *j. I 'g Iu i mE ,:5, .1 J Iii: J ~_ J I ~J ~ z ,. ~ B ~ Z, I! J J ~: i!1i ~D: .1 ~'~ 1,01 f .~ ., ~ I ~ II ~~. ~ j .- l c- .0 ji ..1 I I i i I I !l A'" .:- -, VI, lie t!~ j ~g ~ q". ~ .. ~ ~ I .~ ~ /.. '0 ~~ ~ rl · ii ! 1ft I 1 ; Ii G) 'I i ~. ~ ! {Ii - . 1.- .;- J it:. '7 a w .....l - I t' ~ ~ if:1 \ ~ J e I .. r1 ~JJI J - ,; I; I 0011'1 IL ~ i~ J ~ 11 J:Ir J II" t.. ~, ; ~ II g ~ ~~ S 't jGI o ...1" ~ :1.. ;:; i .::.... .! Ii .U ... D: I J j z TnTN n ~ --- -- _w~_ .W.~ Hf<r.... KJIo<<..liRS I I'(i 'J Vt ,,. ~ 'oJ .. Z :at 5'" jJ ~ c J .0 . ~ ) f.. I I ~ij '" ~ fi 'f) , ... .. 1 ~I !J ~~ I I ~ ~ € I "" I JJJU as I II~ ~ "" Clo -<l - . t; (VI 'l ~ 11 I f ~ , ~ 1 "J <. .') ;:. · .... J ,- I ~ \J . ::ru '. r'{-.J d ~ j ~A ,J Vi )I I <1:4 .. UJ~ ( ~ ,J; J' '1'-1; ~ ~ "tg I i I ~~ '5 III i I i- st CIb ,~ ti' i i (J '- C:.o 0 t;!.- I l:J .:'I e k i " > I I i :; " i I i I ~ , f- ':; f~ :) oJ_ii ~ I I! \Jl. g I_ ; i- ..f H rjJH .. ~ 1:J J! I - is I . I!!=f I .. i i f I t. !A.oJ ..) ,-= I ~ sl 5 Ii If"l. f J! I ..- ,j CI II i :a - I .~ . IA I J P.es I~ -, f I ! 8 j BID BOND Confonn. with The American In.tttute of Archltecte, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, PEEK PAVEMENT MARKING. LLC 4600 PEEK INDUSTRIAL DRIVE COLUMBUS, GEORGIA 31909 and the HARTFORD ACCIDENT AND INDEMNITY COMPANY as Principal, hereinafter called the Principal, of HARTFORD PLAZA, HARTFORD, CONNECTICUT 06115 , a corporation duly organized under the laws of the State of CONNECTICUT , as Surety, hereinafter called the Surety, are held and finnly bound unto CITY OF AUGUSTA PROCUREMENT DEPARTMENT 530 GREEN STREET, ROOM 60S, AUGUSTA, GEORGIA 30901 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Bid Amount -- . -- -- - - -- - - -- -- - - - -- - -- -- - - -- -. - -- - - - - -- - - -- - - - -- -- - -- - - - Dollars ($ 10% of Bid Amount ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, finnly by these presents. WHEREAS, the Principal has submitted a bid for BID 09-180. OFF SYSTEM STRIPING AND SIGNAGE NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the tenns of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful perfonnance of such Contract and for the prompt paYment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perfonn the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in fulJ force and effect. Signed and sealed this 11th day of December PEEK PAVEMENT MARKING, LLC 2009 ~~~ Witness {?~~ HARTFORD ACCIDENT AND INDEMNITY COMPANY { jv;JJf (Seal) Principal Title lINDA~'--~ Witness Attorney-in-Fact 3.0054/GEEF 12/00 FRP POWER OF ATTORNEY Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860.757.5835 Agency Code: 20-260066 KNOW ALL PERSONS BY THESE PRESENTS THAT: [K] Hartford Fire Insurance Company, a cOlporation duly organized under the laws of the State of Connecticut [K] Hartford Casualty Insurance Company, a cOlpOration duly organized under the laws of the State of Indiana [K] Hartford Accident and Indemnity Company, a cOlporation duly organized under the laws of the State of Connecticut [:::J Hartford Underwriters Insurance Company, a cOlpOration duly organized under the laws of the State of Connecticut [:::J Twin City Fire Insurance Company, a cOlporation duly organized under the laws of the State of Indiana [:::J Hartford Insurance Company of illinois, a cOlporation duly organized under the laws of the State of Illinois [:::J Hartford Insurance Company of the Midwest, a colporation duly organized under the laws of the State of Indiana [:::J Hartford Insurance Company of the Southeast, a cOlporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the .Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Christopher B. Wonham, Jerry Boutwell, Leslie A. Paulsen, Shirley A. Coleman, Derek Wonham, Michael A. Jones of Norcross, GA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 181, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Wltne.. Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. e. I~O Ot. ~ ~~ Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT} 55. Hartford COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Scott E. Paseka Notary Public CERTI'ICATE My Commission Expires October 31,2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force eftective as of December 11, 2009. Signed and sealed at the City of Hartford. @ DcAr?A e.. 0'.'''' ......... . h-' { rryf-Jj.;;;:l Gary W. Stumper. Assistant Vice President POA 2004 AlA Document A312 Performance Bond ~~~gS~~~947 Confonns with the American Institute of Architects, AlA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): PEEK PAVEMENT MARKING, LLC 4600 PEEK INDUSTRIAL DRIVE COLUMBUS, GEORGIA 31909 OWNER (Name and Address): CITY OF AUGUSTA 507 TELFAIR STREET AUGUSTA, GEORGIA 30901 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): HARTFORD ACCIDENT AND INDEMNITY COMPANY HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 RECEIVED FEB 03 2010 FORTSON-PEEK CO. INC. AND SUBSIDIARIES Date: Amount: FOUR HUNDRED SIX THOUSAND SEVEN HUNDRED TWENTY SIX AND 25/100 ($406,726.25) Description (Name and Location): OFF-SYSTEM SAFETY PROJECT - GDOT PROJECT NO. CSSFT-0008-00(876) RICHMOND COUNTY, GEORGIA BOND Date (Not earlier than Construction Contract Date): Amount: FOUR HUNDRED SIX THOUSAND SEVEN HUNDRED TWENTY SIX AND 25/100 ($406,726.25) Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Sea\) PEEK PAVEMENT MARKIN~<3' LLC SignahUe: . 7 if. ~ ." .-mac.' Name and TItle: Hal 5h'l.,.", 1 (Any additional signatures appear on page 2.) VP Adm~ni5trabon (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: H & H INSURANCE SERVICES, INC., 3160 CAMPUS DRIVE, SUITE 100 NORCROSS, GEORGIA 30?~~ 770-409-0014 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to SURETY 5026 (6-92) S-1852/GEEF10/99 Page 1 of 2 ~ None SURETY Company: HARTFORD ACCIDENT AND I COMPANY o See Page 2 (Corporate Seal) EMNITY OWNER'S REPRESENTATIVE (Architect, Engineer or other party): perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner to perform and complete the Construction Contract; or ' 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the ~onstruction Contract, arrange for a contract to be prepared for executIOn by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 W~ive its right to perform and complete, arrange for completion, 0: obtam a new contractor and with reasonable promptness under the circumstances: .1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 ~e.ny liability in whole or in part and notify the Owner cltmg reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations und.er this Bond, and the Owner shall be entitled to enforce any remedy aVaIlable to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balanc~ of the Contract Price to mitigation of costs and damages on the ConstructIOn Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. MODIFICA nONS TO THIS BOND ARE AS FOLLOWS: 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 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. Ifthe 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. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: S-1852/GEEF 10/99 (Corporate Seal) Signature: Name and Title: Address: Page 2 of 2 AlA Document A312 Bond BOND NO. 20BCSFN8947 Payment Confonns with the American Institute of Architects, AlA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): PEEK PAVEMENT MARKING, LLC 4600 PEEK INDUSTRIAL DRIVE COLUMBUS, GEORGIA 31909 SURETY (Name and Principal Place of Business): HARTFORD ACCIDENT AND INDEMNITY COMPANY HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 OWNER (Name and Address): CITY OF AUGUSTA 507 TELFAIR STREET AUGUSTA, GEORGIA 30901 CONSTRUCTION CONTRACT Date: Amount: FOUR HUNDRED SIX THOUSAND SEVEN HUNDRED TWENTY SIX AND 25/100 ($406,726.25) Description (Name and Location): OFF-SYSTEM SAFETY PROJECT - GDOT PROJECT NO. CSSFT-0008-00(876) RICHMOND COUNTY, GEORGIA BOND Date( Not earlier than Construction Contract Date): Amount: FOUR HUNDRED SIX THOUSAND SEVEN HUNDRED TWENTY SIX AND 25/100 ($406,726.25) Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: PEEK PAVEMENT MARKING, LL 7ft (Corporate Seal) Signature: Name and Title: (Any additional signatures appear on page 2.) (FOR INFORMA TION ONLY - Name, Address and Telephone) AGENT or BROKER: H & H INSURANCE SERVICES, INC., 3160 CAMPUS DRIVE, SUITE 100 NORCROSS, GEORGIA 30071 770-409-0014 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. SURETY 5026 (6-92) S-1853/GEEF 3/00 Page 1 of 2 o None SURETY Company: HARTFORD AC COMPANY- ~ See Page 2 (Corporate Seal) OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount ofthis Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparagraph 4. I or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (I) or (2) first occurs. 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. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: AlA 312 PAYMENT BOND RIDER ATTACHED (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: S-1853/GEEF 3/00 (Corporate Seal) Signature: Name and Title: Address: Page 2 of 2 AlA 312 PAYMENT BOND RIDER This rider amends the provisions of the AlA 312 Payment Bond as follows: Paragraph 6 above is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable promptness, payor make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. -, Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constilllte and appoint Christopher B Wortham, Jerry Boutwell, Michael A Jones, Leslie A Paulsen, Shirley A Coleman, Derek Wortham, Individually of Norcross, GA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, IUldertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 13th day of May, 2008. """'''~-' ~~:~!~~" $'t'....- "0"-"';'0..<>. !~!o""" :.IlJ~\~i: ~...{~ . : tcj:i,"' *;.,~t:A"/ij ......~ ~..,.,.'r;;;".'QO~...... is' .......~. WESTERN SURETY COMPANY iZ2~..... . .. . . . . . " . - . . . . .... ........ ...~. .. .~................. .... .....>/~i ...... . . .. . .. . .. . Paul . Brutlat;SeniorVlce President State of South Dakota CotUlty of Minnehaha } ss On this 13th day of May, 2008, before me personally came Paul T. Brutlat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto. pursuant to like authority, and acknowledges same to be the act and deed of said corporation. November 30, 2012 +~~~_~-GQ~~Co;o~Co:lo~c.,ro:.t.,~~~"'~~~~~c,. -. ~ D. KRELL .~ s - - ,-, - , -' "I ~~NOTARY PlJaLlC~: J'~SOlJTHDAJ(OTA~J' J'. .... . ....J' +Go:IG.:t~Co;o'Co:Ic,c.,~c,c,lltc,c,'C7"'Co:Ioc.;c.;~I:oic"Co:Ic.; -. ~ i~~", My commission expires CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and fiuther certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof! have hereunto subscribed my name and affixed the seal of the said corporation this day of ",~:'irn~. $~~.,.~'~"',po' !~o.90"4;,1Io\ ~::~~ ' '(C'!~i %\\.sf:A~/l"j ~{~1"" WESTERN SURETY COMPANY Form F4280-09-06 C!:f ~,~_ ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYYI 02/02/10 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. PRODUCER BB& T -Ingram McDaniel & Assoc 517 North Church Street Thomaston, GA 30286 706647-8121 INSURERS AFFORDING COVERAGE INSURER A: National Trust Insurance Compan INSURER B: FCCllnsurance Company INSURER c: INSURER D: INSURER E: NAIC# 20141 10178 INSURED Peek Pavement Marking LLC; Fortson-Peek Co In Peek Service Co LLC POBox 7337 Columbus, GA 31909 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. LTR NSRi TYPE OF INSURANCE POLICY NUMBER ~~+-~C(~~~6gg,~\ ~'i~ff::!ri~W~\ LIMITS A ~NERAL LIABILITY CPPOOO77842 01/01/2010 01101/2011 EACH OCCURRENCE $1.000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100000 1 CLAIMS MADE D OCCUR MED EXP (Anyone person) $5 000 1L PD Ded:2,OOO PERSONAL & ADV INJURY $1 000 000 - GENERAL AGGREGATE $2.000 000 ~'L AGGREnE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $2.000 000 PRO- n POLICY JECT LOC A ~TOMOBILE LIABILITY CAOO098412 01/01/2010 01/01/2011 COMBINED SINGLE LIMIT .!-. ANY AUTO (Ea accident) $1,000,000 - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - .!-. HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) f-- PROPERTY DAMAGE $ (Per accident) RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B ~ESS I UMBRELLA LIABILITY UMBOO060682 01/01/2010 01/01/2011 EACH OCCURRENCE $9 000 000 X OCCUR D CLAIMS MADE AGGREGATE $9.000.000 $ 8 DEDUCTIBLE $ X RETt:NTlON $ 10000 . . . .. .. $ .. A WORKERS COMPENSATION AND 010WC08A58951 01/01/2010 01/01/2011 X I T~~J~~Ws I 10J~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE IliJ E.L. EACH ACCIDENT $500,000 ffJt~~~t~::T~mw EXCLUDED? N E.L. DISEASE - EA EMPLOYEE $500,000 If yes, describe under $500.000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT A OTHER Leased/Rent CPPOOO77842 01/01/2010 01/01/2011 $250,000 Limit Equipment DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS **ADDITIONAL NAMED INSUREDS- FORTSON PEEK COMPANY INC. PEEK SERVICES CO LLC, CROWN TECHNOLOGY LLC, PEEK PAVEMENT MARKINGS LLC.** Additional Insured coverage is provided as respects General Liabiltiy policy as required in written (See Attached Descriptions) CERTIFICATE HOLDER City of Augusta 507 Telfair Street Augusta, GA 30901 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3.IL. 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 ACORD 25 (2009/01) 1 of 3 #S4558859/M4398868 @ 1988-2009 ACORD CORPORATION. All rights reserved. . . ____ ('I ~n IMPORTANT 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). 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). DISCLAIMER The 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. ACORD 25 (2009/01) 2 of3 #S4558859/M4398868 DESCRIPTIONS (Continued from Page 1) contract, form CGL084. Waiver of Subrogation is provided as respects General Liability policy as required in written contract, form CGL004. Additional Insured coverage is provided as respects the Auto Liability as required in written contract, form CAU003. Waiver of Subrogation is provided as respects Worker's Compensation as required in written contract, form WC000313. RE: CSSFT-0008-00 (876) Richmond Co, GA Certificate holder is named Additional Insured as respects General Liability as required by written contract. AMS 25.3 (2009/01) 3 of 3 #S4558859/M4398868 GC GENERAL CONDITIONS INDEX TO ARTICLES OF GENERAL CONDITIONS Section Pa2e No. GC-O 1. DEFIN'ITIONS ........... ........... .... .............. .............. ............................. .............. .........4 GC-02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS ............................ 6 GC-03. SCHEDULES, REPORTS AND RECORDS ........................................................... 6 GC -04. SPENDOUT SCHEDULE ......... ...............................................................................7 GC-05. NOTICE TO PROCEED....................................... .................. ................. ........... ......7 GC-06. CONSTRUCTION LAyOUT................. ........... .............................................. .........7 GC-07. DRAWINGS AND SPECIFICATIONS ................................................................... 7 GC -08. SPECIFICATIONS, STANDARDS AND OTHER DATA..................................... 8 GC-09. DESIGN ALTERATION ..........................................................................................9 GC-lO. INCIDENTAL CONSTRUCTION ITEMS .......... .................................................... 9 GC-l1. SHOP DRAWINGS .............................................. ...... .............................................. 9 GC-12. MATERIALS, SERVICES AND FACILITIES..................................................... 10 GC-13. INSPECTION AND TESTING ......... ............. ...... .................................................. 10 GC -14 . COMPACTION........................... ...... ....... ...... ................... .......... .................... ....... 11 GC -15. CONCRETE.... ..... ............... ................ ...... ............. ............ .............................. ....... 12 GC -16. CONSTRUCTION............. .................. .............. ......... ....... ......... ...... ................ ...... 12 GC-17. TEST ROLLING... ............. ........... ...... ....... .................. ..... ................ ...... ........... ..... 13 GC-18. SUBSTITUTIONS ................... ..... ............ ...... ........................................................13 GC-19 . PATENTS............ .......... .... ...... ...... ...... ............ ................. ................. ....... ...... ........ 14 GC-20. SURVEYS, PERMITS AND REGULATIONS .....................................................14 GC -21. FENCE......... ...... ......................... ...... ....... ............ .... ........... ........... ................. ..... 14 GC -22. PROTECTION OF WORK, PROPERTY AND PERSONS .................................. 15 GC -23. FINISHING AND DRESSING ........................ ................................. ...................... 15 GC -24. FOUNDATION BACKFILL MATERIAL, TYPE 1 .............................................15 GC -25. FOUNDATION BACKFILL MATERIAL, TYPE II .........................................16 GC -26. GRADES. ............................................. ............ ....... .......................................... ...... 16 GC -27. LANDSCAPING........ ....................................... .................................. .................... 16 GC -28. MAILBOXES..... ........ ...................................... ................. ................................ ...... 16 GC -29. MISCELLANEOUS DRAINAGE STRUCTURES ............................................... 16 GC -30. PATCHING AND REPAIR OF MINOR DEFECTS ............................................. 17 GC I of37 AED -OfT System Safety GC -31. PAVEMENT CUTS..... ....... .................. ...................... ...... ......... ....... ...... ...... .......... 17 GC -32. PAYMENT FOR PIPE CULVERT INSTALLATION ..........................................17 GC. 33. PIPE CULVERTS ............... .... .................. ..... ..................... .................... ..... ........... 17 GC -34. PRECAST CONCRETE UNITS ............................................................................17 GC -35 . RELOCATED WATER METERS ................................................... ............ .......... 17 GC -36. REMOV AL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD............................ ..................... ............ ........................ ..... ...................... ...... ......... 18 GC -37. REMOVING AND RESETTING OF OBSTRUCTIONS...................................... 18 GC -38. SAW CUTS .... ..... ........ ............... .................... ..................... ........ ............ ................ 18 GC -39. SOD............ ...................................... .... ........... .................... ........ ........ .... ...... .......... 18 GC -40. STORM DRAIN PIPE ......................... ............ .................... ....... .................. .......... 18 GC -41. SUB-CONTRACTORS .......................................................................................... 18 GC-42. SUPERVISION BY CONTRACTOR ....................................................................19 GC-43. CHANGES IN THE WORK...................................................................................19 GC-44. CHANGES IN CONTRACT PRICE...................................................................... 19 GC-45. TIME FOR COMPLETION AND LIQUIDATED DAMAGES............................ 20 GC-46. CORRECTION OF WORK ........ ................................. ........................... ...... .......... 20 GC-4 7. SUBSURFACE CONDITIONS .............................. ........................... ..... ................21 GC-48. SUSPENSION OF THE WORK, TERMINATION AND DELA Y.......................21 GC-49. PAYMENTS TO THE CONTRACTOR ................................................ ................ 23 GC-50. ACCEPTANCE OF FINAL PAYMENT AS RELEASE....................................... 24 GC-51. INSURANCE .................. ............................. .... ........ ....... ........................................24 GC-52. CONTRACT SECURITy.... .................................... ........ .............................. ...... ...26 GC-53. ASSIGNMENTS ................. ............... ..... ..... ............ ...... .............. ........................... 26 GC-54. INDEMNIFICATION .... .................... ..... ........... ............ ......... ............ ...... .... .......... 27 GC-55. SEPARATE CONTRACTS ............... ..... ................. ...... .............. ...........................27 GC-56. SUBCONTRACTING......... .............. .......... ..... ............ ........... ..................... ...... .... 28 GC-57. ENGINEER'S AUTHORITy.... ..... .............. ..... ....... ..................................... .......... 28 GC-58. LAND AND RIGHTS-OF- WAy............................ ................................ ............... 28 GC-59. GUARANTEE .............. ....... .......... .......... ................ ....... .............................. ..... ..... 29 GC-60. TAXES.................. ................ .... ...................................... .................................... ....29 GC-61. WORK ADJACENT TO RAIL WAY OR OTHER PROPERTy................ .......... 29 GC-62. ORDER AND DISCIPLINE ...... ......... .......... .......................... ................. .......... ..... 29 GC-63. WARNING DEVICES AND SIGNS .....................................................................29 GC-64. SPECIAL RESTRICTIONS ......................... ........ ................................... ............... 30 GC 2 of37 AED -Off System Safety GC-65. AS-BUILT DRAWINGS ........................................................................................ 30 GC-66. CONTRACTOR NOT TO HIRE EMPLOYEES OF THE OWNER..................... 30 GC-67. DRAWINGS.... ............ ...... ........................... .......... ...... ............ ........... ....... ... ......... 30 GC-68. FIELD OFFICE FACILITIES ..................................... ........................................... 30 GC~69. RIGHTS-OF . WAY AND EASEMENTS ............................................................... 30 GC-70. ESTIMATE OF QUANTITIES ................................... ...........................................31 GC-71. EXISTING STRUCTURES AND UTILITIES ....................................... ...... .........31 GC-72. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS........... 32 GC-73. PRIOR USE BY OWNER .............. ..... ..... ................... ................ ..... ...................... 32 GC-74. CLEANING UP .. ......... ................................................................ ..... ...................... 32 GC-75. SALVAGE MATERIALS ........................................... ........... ..... ..... ...................... 32 GC-76. MAINTENANCE OF TRAFFIC .... .............................................................. .......... 32 GC -77 . FLAGG IN G ............................................................................................................ 33 GC -78. TRAFFIC DETOURS.. ............................. ..............................................................34 GC-79. MAINTENANCE OF ACCESS ....................................... ...................................... 34 GC .80. SPECIAL EVENTS..... ....................................... .............................. ......................34 GC-81. EROSION CONTROL AND RESTORATION OF PROPERTy.......................... 34 GC -82. UTILITIES........................................................................................ ........... ........... 35 GC 83. UTILITY ACCOMMODATION POLICY ............................................................36 GC-84. BYPASSING SEWAGE......................................................... ..... ........... ................ 37 GC-85. SAFETY AND HEALTH REGULATIONS ..........................................................37 GC -86. WARRANTy........ ......................... ............ ..... ................ ..................... ..................37 GC-87. PRECONSTRUCTION CONFERENCE ....................... ................ ........................ 37 GC 3 of37 AED -Off System Safety GC-Ol. DEFINITIONS: Wherever used in the Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof. 1. ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletion, clarifications or corrections. 2. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed. 3. BIDDER: Any person, firm or corporation submitting a bid for the work. 4. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents. 5. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents or authorizing an adjustment in the contract price or contract time. 6. CONTRACT DOCUMENTS: The contract including Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Order, General Conditions, Supplemental General Conditions, Special Conditions, Technical Specifications, Drawings and Addenda. 7. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract Documents. 8. CONTRACT TIME: The number of calendar days stated in the Contract Documents for the completion of the work. 9. LIFE OF THE CONTRACT: The total duration of the contract from Notice to Proceed to completion of all the work. 10. CONTRACTOR: The person, firm or corporation with whom the Owner has executed the Agreement. 11. DRA WINGS: The part of the Contract Documents which show the characteristics and scope of the work to be performed and which have been prepared or approved by the Engineer. 12. ENGINEER: The person, firm or corporation named as such in the Contract Documents. 13. FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the contract price or an extension of the contract time issued by the Engineer to the Contractor during construction. GC 4 of37 AED -Off System Safety 14. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. 15. NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of commencement of the work. 16. OWNER: A public or quasi-public body or authority, corporation, association, partnership or individual for whom the work is to be performed. 17. PROJECT: The undertaking to be performed as provided in the Contract Documents. 18. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the Owner who is assigned to the project site or any part thereof. 19. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or Distributor, which illustrate how specific portions of the work shall be fabricated or installed. 20. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a technical nature or materials, equipment, construction systems, standards and workmanship. 21. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Contractor or any other Subcontractor for the performance of a part of the work at the site. 22. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the project or a specified part can be utilized for the purposes for which it is intended. 23. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and/or additions to the General Conditions of a specific nature generally aimed at the specific contract of which it is a part. 24. SUPPLIERS: Any person, supplier or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. 25. WORK: All labor necessary to produce the construction required by the Contract Documents and all materials and equipment incorporated or to be incorporated in the project. 26. WRITTEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address or delivered in person to said party or his authorized representative on the work. GC 5 of37 AED -Off System Safety GC-02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS: I. The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as necessary to carry out the work required by the Contract Documents. 2. The additional drawings and instructions thus supplied will become a part of the Contract Documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. GC-03. SCHEDULES, REPORTS AND RECORDS: I. The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning the work performed or to be performed. 2. The contractor shall prepare an overall Time-Logic Schedule that includes all major utility relocations, proposed utilities, and construction activities. A detail schedule for utility relocations from all utility companies shall be submitted to the contractor two weeks prior to the Preconstruction meeting. The Contractor shall submit this schedule to Augusta Engineering Department seven (7) days prior to preconstruction meeting. The contractor shall present a copy of this schedule at the Preconstruction meeting for discussion. The schedule shall consist of the following: a. The noted Responsible Agency for each activity (e.g., Contractor. Sub-Contractor, Utility Company) b. The ES-Early Start, EF-Early Finish, LS-Late Start, LF-Late Finish dates c. The Project Critical Path d. Activity Durations The contactor shall also submit following information with the schedule. a. List of active construction projects and their projected completion date b. List of available resources assigned to this project * c. Name of Project Team (Project Manager, Superintendent, Foreman) assigned to this project * d. Subcontractor information such as Company Name, Contact Name and Telephone, and type of assigned tasks * Personnel and resources assigned to this project shall not be re-assigned to other projects until after upon approval from Augusta Engineering Department. Augusta Engineering Department reserves the nght to deny the submitted project team or parts thereof. GC 6 of37 AED -Off S}'stem Safety Failure to provide aforementioned schedule and information within specified time will result in cancellation of Notice to Proceed. If information is not received within thirty (30) days from the date of Notice to Proceed cancelation, contract will be terminated without further notice. Within seven (7) days after the Preconstruction meeting, the Contractor shall provide a revised schedule with all issues and concerns addressed to Augusta Engineering Department. The revised Time-Logic Schedule shall be color coded with respect to responsibility, and shall be presented on D size paper (24'x36"). The schedule shall be updated on a monthly basis displaying percentage of completion of all activities. The project base line and current date line shall appear on all updates. The Schedule shall be using Microsoft Project or Primavera Scheduling software. 3. The Contractor shall also submit a schedule of payments that he anticipates he will earn during the course of the work. GC -04. SPENDOUT SCHEDULE: A Spendout Schedule beginning with the Notice to Proceed and extending through the anticipated construction life of the project, shall be submitted at the Pre-Construction Conference. Such schedule shall include the anticipated earnings on a monthly basis. GC-05. NOTICE TO PROCEED: There will be one Notice to Proceeds given to the Contractor. The Notice to Proceed will be to Clear and Grub, site preparation and actual construction activities. This would be the contact time that is actually shown in the contract. GC-06. CONSTRUCTION LAYOUT: Construction layout work shall be performed by the Contractor. See Section 149 of the Standard Specifications. GC-07. DRAWINGS AND SPECIFICATIONS: 1. The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work in accordance with the Contract Documents and all incidental work necessary to complete the project in an acceptable manner, ready for us, occupancy or operation by the Owner. 2. In case of conflict between the drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. GC 7 of37 AED -Off System Safety 3. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. 4. All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both these ways and should any work or material be required which is not detailed in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perform all such work and furnish any such material as fully as if they were particularly delineated or described. 5. It is understood and agreed that the Contractor, by careful examination, has satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 6. All storm pipes, manholes, junction boxes, catch basins, inlets, misc pre-cast products and appurtenances shall comply with Georgia Oepartment of Transportation (GOOT) standards and specifications. Storm pipes and other products shall be from current GOOT approved plants and stamped per GOOT inspection certification requirements. Submittal of data sheet, issued by the source (plant), containing pipe manufacturing and inspection data will be required at the time of arrival of material at project site. GC -08. SPECIFICATIONS, STANDARDS AND OTHER DATA: All references in this document, (includes all papers, writings, documents, drawings, or photographs used, or to be used, in connection with this document), to State Highway of Georgia, State Highway Department, Highway Department, or Department when the context thereof means the Georgia Department of Transportation means, and shall be deemed to mean, Augusta-Richmond County, Augusta-Richmond County CommISsion-Council Department of Engineering Services. The data, together with all other information shown on these plans, or indicated in any way thereby, whether by drawings or notes or in any other matter, are based upon field investigations and are believed to be indicative of actual conditions. However, the same are shown as information only, are not guaranteed, and do not bind Augusta-Richmond County, Georgia in any way. Only the actual quantities completed and accepted will be paid for. The attention of the bidder is specifically directed to Subsections 102.04, 102.05, and 104.03 GC 8 007 AED -Off System Safety of the Standard Specifications, of the Georgia Department of Transportation, current edition, which will be part of this contract. This project is based on, and shall be constructed in accordance with, the State of Georgia Department of Transportation Standard Specifications for Construction of Roads and Bridges, current edition and any supplements thereto. All of these specifications shall be considered as though fully contained herein. In cases where conflicts arise within these specifications, they will be revised to resolve such conflict. Until the conflict is resolved, the interpretation of the Engineer shall control the situation. GC-09. DESIGN ALTERATION The commission-council recognizes that various changes in design may be made as the project progresses. Any requests for additional payment or reduction in payment shall be processed based on actual work in place and the unit prices submitted as a part of this bid. Items not covered in this bid shall be priced separately and no work shall be done on these items until approved, in writing, by the Engineer. All changes in engineering design of the project shall be approved by the Design Engineer of record after consultation with the Engineer. Revised design plan sheet(s) shall be signed and stamped by the Design Engineer of record and a copy shall be submitted to Augusta Engineering Department. GC-IO. INCIDENTAL CONSTRUCTION ITEMS: All work and materials without a specific pay item shall be considered incidental to related pay items, this is to include (but not limited to), additional erosion and sediment control measures, all removals and disposals, borrow, if needed, remove and reset fences, remove and reset ornamental shrubs, bushes and sod, and the obtaining, maintaining and restoration of any required borrow and/or waste pits, establish and reset property boundary survey pins. GC-ll. SHOP DRAWINGS: 1. The Contractor shall provide shop drawings as may be necessary for the prosecution of the work as required by the Contract Documents. The Engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any shop drawing which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. 2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. 3. Portions of the work that require shop drawing or sample submission shall not begin until the shop drawing or submission has been approved by the Engineer. A copy of each approved shop drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. GC 9 of37 AED -Off System Safety GC-12. MATERIALS, SERVICES AND FACILITIES: 1. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the work within the specified time. 2. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. 3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 4. Materials, supplies or equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer. 5. Materials, supplies or equipment to be incorporated into the work and purchased by the Contractor of the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. GC-13. INSPECTION AND TESTING: I. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards. 2. The Contractor shall provide, at his expense, the necessary testing and inspection services required by the Contract Documents, unless otherwise provided. The Contractor shall employ a qualified materials testing laboratory to monitor more fully the quality of materials and work and to perform such tests as may be required under the contract documents as conditions for acceptance of materials and work. THE ENGINEER MA Y ORDER TESTING AT ANY TIME HE DEEMS PROPER TO CONTROL THE QUALITY OF THE WORK. All test results are to be submitted to the Engineer. No separate payment will be made for employing the testing laboratory or any required tests. 3. The Owner shall provide all other inspection and testing services required by the Contract Documents. 4. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness. The Contractor will then furnish the Engineer the required certificates of inspection, testing or approval. GC 10 of37 AED -OfT System Safety 5. Neither observation by the Engineer nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the work in accordance with the requirements of the Contract Documents. 6. The project will be inspected by the Engineer or his/her representative. The Engineer and his representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State Agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. 7. If any work is covered contrary to the written request of the Engineer, it must, if requested by the Engineer, be uncovered for his observation and replaced at the Contractor's expense. 8. If any work has been covered which the Engineer has not specifically requested to observe prior to its being covered or if the Engineer considers it necessary or advisable that covered work be inspected or tested by others, the Contractor at the Engineer's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Engineer may require, that portion of the work in question, furnishing all necessary labor, materials, tools and equipment. If it is found that such work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such work is not found to be defective, the Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate change order shall be issued. 9. The Contractor shall give the Engineer 24 hours notice of starting any new work. No work shall be done or materials used without suitable supervision and inspection by the Engineer. The Contractor shall furnish the Engineer with necessary samples of material for testing purposes. GC -14. COMPACTION: All compaction shall be as defined in the current edition of Georgia department of Transportation Specifications. Special attention shall be given to the backfill of minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etc.). Compaction shall be achieved using approved tamps and soil layers of approximately 6 inches (loose measure) and in accordance with Georgia Department of Transportation Standards 1030-D and 140l. Backfilling operations of this nature shall not begin until the Contractor has on hand all equipment in good working condition, and competent operators. The backfilling of pipe and other minor structures shall be in accordance with Georgia Department of Transportation Standard specifications, Current Edition. Backfilling with sand using jetting and/or flooding will not be allowed in any case without the written permission of the Engineer. Backfilling of pipe structures shall be incidental to the pipe structure bid item. GC 11 007 AED -OfT System Safety NOTE: When sand and jetting/flooding method is used the warranty for the backfilled area is extended from 12 months to 24 months. A plan for the jetting/flooding shall be submitted at the Pre-Construction Conference. GC -15. CONCRETE: The Contractor shall have a slump cone on the project at all times when concrete is being placed. He shall, in the Engineer's presence, perform slump tests as directed by the Engineer. Tests shall be performed by qualified personnel with a properly cleaned slump cone. Allowable slumps are 2" minimum and 4" maximum. Class "A" concrete shall have a minimum of 611 Ibs. Cement per cubic yard. Class "B" concrete shall have a minimum of 470 Ibs. Cement per cubic yard. Concrete not meeting these requirements will be rejected by the Engineer. NOTE: No concrete shall be placed until all required equipment such as slump cone, curing compound and dispensor, etc., all in good working condition, are on the site. Inspectors must be given a minimum one-hour advance notice. No concrete shall be placed without the Inspector present unless otherwise directed by the Engineer. All concrete shall be placed during the Inspectors normal working hours, 8:30 a.m. to 5:00 p.m. unless otherwise directed by the Engineer. Formed surfaces shall receive finish immediately after removing forms. Forms shall be removed as provided in Section 500 of GA.DOT Specifications. GC -16. CONSTRUCTION: Transition ties of proposed curb and gutter to existing curbs (valley gutter, granite curb, header curb, etc.) shall be paid for in the unit price bid for curb and gutter unless otherwise noted. At locations where new pavement is to be placed adjacent to existing pavement, without an overlay, or where curbing is to be placed across paved parking lots, a joint shall be sawed on a line to ensure pavement removal to be neat. Only those joints sawed in concrete pavement will be paid for under the pay item-Sawed Joints.. . per Linear Foot. Where curb and gutter is used and the shoulder elevations are higher than adjacent ground, the actual direction of drainage runoff shall be determined by the Contractor. He shall make such provisions as necessary to ensure that no ponding is caused by the new construction. He may place additional fill to provide drain inlets. Compensation will be under the price bid for the appropriate pay item. Driveway profiles may also be altered allowing the concrete pad to slope down outside the back of the curb line not to exceed an algebraic difference of 0.07. This should be used primarily on the high side of super-elevated curves. The Contractor should use caution with standard variance and place special emphasis on hydraulic considerations. The Contractor shall provide borrow and/or waste pits for this project. All pits acquired for use on this project shall be reclaimed in accordance with Subsection 107.23 and Section 160 of the Standard Specifications and page PPA-l of this document. GC 12 of37 AED -Off System Safety All storm drain pipe, side drain pipe, pipe culvert wing-walls, steps, retaining walls, curbs and gutters, headwalls, all types of pavement, wooden structures, except those specifically shown as a removal pay item will be removed as Clearing and Grubbing, Grading Complete, or Grading Per Mile on Lump Sum Construction.. Cut and fill slopes outside of clear zones may be adjusted on construction where necessary to remain within the right of way. Curb cut ramps in accordance with Standard 9031- Ware to be used at all street intersections on this project. Asphalt milling where specified for use on existing pavement that is to be resurfaced adjacent to curb and gutter. Finished surface on asphalt pavement shall not exceed y.." above the gutter line as shown on Georgia Standard 9031-J. GC-17. TEST ROLLING Prior to placing any base course, the subgrade shall be proof rolled to locate unstable areas and achieve additional compaction. Area be proof rolled using a minimum 15 tons flat drum compactor or other equipment as recommended by the Geotechnical Engineer (such as a fully loaded tandem axle dump truck). Geotechnical Engineer and/or a representative of Augusta Engineering Department will observe and approve proof-rolling. Areas failing compaction shall be reworked. Any areas judged by the Geotechnical Engineer to rut (should be improved in place or undercut and replaced with fill compacted to 100 % of soil maximum dry density as determined by the modified proctor compaction test (ASTM DI557, Method D or equivalent method approved by the Geotechnical Engineer and Augusta Engineering Department). GC-18. SUBSTITUTIONS: 1. When a material, article or piece of equipment is identified on the drawings or specifications by reference to brand name or catalogue number, the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deducted from the contract price and the Contract Documents shall be appropriately modified by change order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. GC ]3 of37 AED -Off System Safety GC-19. PATENTS: 1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the Owner harmless from loss on account thereof except that the Owner shall be responsible for any such loss when a particular process, design or the product of a manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC~20. SURVEYS, PERMITS AND REGULATIONS: 1. The Owner shall furnish all land surveys and establish all base lines for locating the principal component parts of the work together with a suitable number of benchmarks adjacent to the work as shown in the Contract Documents. From the information provided by the Owner, unless otherwise specified in the Contract Documents, the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut sheets. 2. The Contractor shall carefully preserve benchmarks, reference points and stakes and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their wmecessary loss or disturbance. 3. The contractor shall re-establish property survey pins for parcels affected by new established right-of-way. This work shall be considered incidental to "As-built" plan preparation and will be paid as part of "As-built" plan pay item. This work shall be done by or under supervision of a qualified Georgia Licensed Professional Land Surveyor (PLS). 4. Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in Section 13, Changes in the Work. GC -21. FENCE: All new fences called for on the plans and/or contract documents shall meet the requirements of Section 643 of the Georgia Department of Transportation Standard Specifications, current edition. New fence not meeting these Specs will be rejected. In contracts, where remove and reset fence items are involved (either as pay items or as Lump Sum Construction) all replacement fence shall be equal to or better than the existing fence as approved by the Engineer. This means equal to or better than the original fence at GC 14 of37 AED -OfT System Safety the time of its installation. The Contractor must furnish positive locking devices, padlocks, and keys with all gate assemblies. GC -22. PROTECTION OF WORK, PROPERTY AND PERSONS: 1. The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. He will take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury or loss to all employees on the work and other persons who may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site or other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 2. The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. He will notify the owners of adjacent utilities when prosecution of the work may affect them. The Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, and subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them are liable, except damage or loss attributable to the fault of the Contract Documents or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor. 3. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the Contractor, without special instructions or authorization from the Engineer or Owner, shall act to prevent threatened damage, injury or loss. He will give the Engineer prompt written notice of any significant changes in the work or deviations from the Contract Documents caused thereby and a Change Order shall be issued covering the changes and deviations involved. 4. The work under this Contract in every respect shall be at the risk of the Contractor until finished and accepted, except to damage or injury caused directly by the Owner's agents or employees. GC -23. FINISHING AND DRESSING: All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre-existing shape and slope and then finished and dressed. No separate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. GC -24. FOUNDATION BACKFILL MATERIAL, TYPE 1: Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D and Section 207 of the Standard Specifications. No separate payment will be made for this material or its placement. GC 15 of37 AED -Off System Safety GC -25. FOUNDATION BACKFILL MATERIAL, TYPE II: Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D and Section 207 of the Standard Specifications and shall be used in wet/unstable conditions as directed by the Engineer. It shall also be used beneath all concrete box culverts. Quantities shall be measured for payment in accordance with Georgia Standard 1030-D or as directed by the Engineer. Payment shall be per cubic yard unless otherwise specified in the contract. GC -26. GRADES: With the approval of the Engineer, grades may be field adjusted to provide for best drainage. GC -27. LANDSCAPING: All the requirements of Section 702 of the Georgia Department of Transportation Specifications, current edition, are applicable to this project except as follows: there will be no separate pay for staking, including Perimeter Staking and for Spring Application of Fertilizer. All costs shall be included in prices bid for Landscape Items. Bag grown plants are not acceptable. GC -28. MAILBOXES: Existing mailboxes that are in conflict with the proposed construction shall be removed and relocated. Where feasible the existing mailboxes and supports may be utilized as approved by the Engineer so long as the supports are of metal PIPE with a maximum diameter of two (2) inches or wood, with a maximum diameter of four (4) inches. NOTE: There shall be no supports of any material other than the two mentioned above. All existing mailboxes and supports containing brick, masonry of any type, metal, etc. shall be disassembled and all components, not meeting the above requirements, shall be removed from the project and disposed in a proper manner. When not shown as a pay item, payment shall be included in the price bid for Lump Sum Construction and itemized as such. GC -29. MISCELLANEOUS DRAINAGE STRUCTURES: All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction Boxes, Spring Boxes, Drain Inlets, special Inlets, etc., whether standard or special design shall be paid for Per Each. There will be no separate payment for additional depth unless specifically shown as a pay item. NOTE: All Catch Basins, Drop Inlets, manholes, exposed Junction Boxes, etc., with concrete top-slabs shall include manhole rings and covers. The Contractor shall install the manhole rings and covers such that the steps can be easily accessed. GC 16 of37 AED -Off System Safety GC -30. PATCHING AND REPAIR OF MINOR DEFECTS: Where needed, the contractor is required to patch and repair existing potholes, mmor pavement defects, and base failures in accordance with the Specifications. GC -31. PAVEMENT CUTS: All pavement cuts shall be sawed with a neat vertical edge, regardless of material, consistently straight enough that a roller can follow the edge precisely to achieve the desired compaction. Irregular edges will not be accepted. Payment shall be included in the price of the pipe. GC -32. PAYMENT FOR PIPE CULVERT INST ALLA TION,;, I. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement and replacing the pavement as specified in accordance with Standard 1401. 2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete (See Georgia Standard 9031-L). GC-33. PIPE CULVERTS: Unless otherwise noted, all storm drain, longitudinal and stub pipes are to be reinforced concrete. All required pipe culverts shall be in accordance with Standard 1030-0. Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D. No separate pay item will be made for this material for its placement. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement, sidewalk, curbing, etc., and replacing same as specified in accordance with Standard 1401. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete and for construction concrete collars. The Contractor shall include in his price bid for pipe, the additional cost of bends, tees, fasteners, appropriate gaskets (see Section 848 of the Standard Specifications), and structure excavation. GC -34. PRECAST CONCRETE UNITS: Precast Concrete Units, other than those specifically allowed by Georgia Department of Transportation Specifications, such as Drop Inlets, Catch Basins, Manholes, etc., shall not be installed without written permission from the Engineer. Any such units installed without such written permission shall be removed from the project. GC -35. RELOCATED WATER METERS: Relocated water meters and water meter boxes may not be placed in the sidewalk. GC 17 of37 AED -Off System Safety GC -36. REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD: It shall be the contractor's responsibility to remove and reset any and all existing ornamental shrubs and bushes and sod in conflict with proposed construction. Coordination with the property owners is essential in this endeavor. The Contractor will not be held responsible for care and maintenance after removing and resetting these plants and sod except in cases where the Contractor's equipment causes irreparable damage or where plants and/or sod dies as the result of negligence on the Contractor's part. In which cases, the Contractor will be held responsible for replacement. Sod shall be reset with ground preparation in accordance with Subsection 700.05.A. No additional soil or fertilizer is required for resetting sod. The Contractor shall remove the sod in a manner that will be conducive to 'insuring that the reset sod will live. At the Contractor's option, he may replace any sod he removes with new sod of the same type. No separate payment will be made for this work or replacements unless specifically shown as a pay item. GC ~37. REMOVING AND RESETTING OF OBSTRUCTIONS: It shall be the Contractor's responsibility to remove and reset any and all obstructions, such as fences, signs, concrete or brick planters, steps, walkways, brick or concrete entrance columns, etc., which are in conflict with construction. Contractors are responsible for the security of pets and/or personal property through the use of temporary fence if necessary. No separate payment will be made for this work except when shown as a separate pay item. GC ~38. SAW CUTS: When matching existing conditions, saw cuts shall be used as required by Augusta- Richmond County. Only saw cuts in Portland Cement Concrete, which are shown, as contract pay items will be paid for separately. No saw cuts in asphaltic concrete will be paid for separately. Unless specifically noted this does not apply to pipe trenches. GC -39. SOD: Sod will not be paid for separately when used to match or replace sod on adjacent lawns as replacement in kind. See GDOT specifications, subsection 700.04 E. GC -40. STORM DRAIN PIPE: Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete and shall include O-ring gaskets. GC -41. SUB-CONTRACTORS: The Contractor shall furnish the official name, plus the name and telephone number of the 24-hour emergency contact of all firms he proposes to use as Subcontractors in the work. This information is to be furnished at the Preconstruction Conference. However, no work shall be done on this project by a Subcontractor until the Contractor receives approval of his Subcontractor(s) from the Engineer. GC 18 of37 AED -OfTSystern Safety NOTE: All submissions shall include the following information for each Subcontractor: 1) Name of Subcontracting Firm 2) Description of Work To Be Done 3) Contact Person's Name and 24 Hour Phone Number GC-42. SUPERVISION BY CONTRACTOR: 1. The Contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to act on the behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the work GC-43. CHANGES IN THE WORK: 1. The Owner may at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. 2. The Engineer, also, may at any time, by issuing a field order, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Engineer unless the Contractor believes that such field order entitles him to a change in the contract price or time or both, in which event he shall give the Engineer written notice thereof within ten (10) days after the receipt of the ordered change pending the receipt of an executed change order or further instruction from the Owner. GC-44. CHANGES IN CONTRACT PRICE: 1. The contract price may be changed only by a change order. The value of any work covered by a change order or of any claim for increase or decrease in the contract price shall be determined by one or more of the following methods in the order of precedence listed below: 1.1 Unit prices previously approved. 1.2 An agreed lump sum. 1.3 The actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost ofthe work to cover the cost of general overhead and profit. GC ]9007 AED -OfT System Safety GC-45. TIME FOR COMPLETION AND LIQUIDATED DAMAGES: 1. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed. 2. The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner ~ that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. 3. If the Contractor shall fail to complete the work within the contract time or extension of time granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated damages as specified in the Agreement for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents. 4. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice of such delay to the Owner or Engineer. 4.1 To any preference, priority or allocation order duly issued by the Owner. 4.2 To unforeseeable causes beyond the control and without the fault of negligence of the Contractor, including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather; and 4.3 To any delays of subcontractors occasioned by any of the causes specified m Paragraphs 4.1 and 4.2 of this Article. GC-46. CORRECTION OF WORK: 1. The Contractor shall promptly remove from the premises all work rejected by the Engineer for failure to comply with the Contract Documents, whether incorporated in the construction or not and the Contractor shall promptly replace and re-execute the work in accordance with the Contract Documents and without expense to the Owner and shall bear-the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. 2. All removal and replacement work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected work within ten (10) days after receipt of written notice, the Owner may remove such work and store the materials at the expense of the Contractor. 3. Any omissions or failure on the part of the Engineer to disapprove or reject any work or material shall not be construed to be an acceptance of any defective work or material. The GC 20 of37 AED -OfT System Safety Contractor shall remove, at his own expense and shall rebuild and replace same without extra charge and in default thereof the same may be done by the Owner at the Contractor's expense or in case the Engineer shall not consider the defect of sufficient importance to require the Contractor to rebuild or replace any imperfect work or material, he shall have the power and is hereby authorized to make an equitable deduction from the stipulated price. GC-47. SUBSURFACE CONDITIONS: 1. The Contractor shall promptly and before such conditions are disturbed, except in the event of an emergency, notify the Owner by written notice of: 1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. 1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. 2. The Owner shall promptly investigate the conditions and if he finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required, for performance of the work, an equitable adjustment shall be made and the Contract Documents shall be modified by a Change Order. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given the required written notice; provided that the Owner may, if he determines the facts so justify, consider and adjust any such claims asserted before the date of final payment. GC-48. SUSPENSION OF THE WORK, TERMINATION AND DELAY: 1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract price, an extension of the contract time, or both, directly attributable to any suspension. 2. If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for any of his property or if he files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or applicable laws or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the work or if he disregards the authority of the Engineer, or if, in the opinion of the Engineer, the Contractor fails to make satisfactory progress in prosecuting the work, or if he otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his Surety a minimum of ten (10) days from delivery of a written notice, terminate the services of the Contractor and take GC 21007 AED -Off System Safety possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. 3. The Contractor must obtain permission from the Engineer before any equipment can be removed from the job site. In the event such equipment is removed without the Engineer's approval, the job will be terminated -until such time as the equipment is returned to the project and any time and money lost by the Contractor as a result of moving the equipment shall be absorbed by the Contractor. 4. Where the Contractor's services have been so terminate by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from compliance with the Contract Documents. 5. After ten (10) days from delivery of a written notice to the Contractor and the Engineer, the Owner, may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case, the Contractor shall be paid for all work executed and any expense sustained plus reasonable profit. 6. If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety (90) days by the Owner or under an order of court or other public authority of the Engineer fails to act on any request for payment within thirty (30) days after it is submitted or the Owner fails to pay the Contractor substantially the sum approved by the Engineer within thirty (30) days of its approval and presentation, then the Contractor may after ten (10) days from delivery of a written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner payment for all work executed and all expenses sustained. In addition, and in lieu of terminating the Contract, if the Engineer has failed to act on a request for payment or if the Owner has failed to make any payment as aforesaid, the Contractor may, upon ten (10) days notice to the Owner and the Engineer, stop the work until he has been paid all amounts then due, in which event and upon reslUTIption of the work, Change Orders shall be issued for adjusting the contract price or extending the contract time or both to compensate for the costs and delays attributable to the stoppage of the work. 7. If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents, or if no time is specified, within reasonable time, an adjustment in the contract price or an extension of the contract time or both, shall be made by Change Order to compensate the Contractor for the costs and delays necessarily caused by the failure of the Owner or the Engineer. GC 22 of37 AED -Off System Safety GC-49. PAYMENTS TO THE CONTRACTOR: 1. Between the first (1 st) and the fifth (5th) of each month, the Contractor will submit to the Engineer a partial payment estimate filled out and signed by the Contractor on an approved form covering the work performed during the period covered by the partial payment estimate and supported by such data as the Engineer may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the Owner, as will establish the Owner's title to the material and equipment and protect his interest therein, including applicable insurance. The Engineer will, within thirty days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the Owner, or return the partial payment estimate to the Contractor indicating in writing his reasons for refusing to approve payment. In .the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The Owner will, within thirty days of presentation to him of an approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate. The Owner shall retain ten (10%) percent of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents and successful completion of required warranty period. On completion and acceptance of a part of the work on which the price is stated separately in the Contract Documents, payment may be made in full, excluding retained percentages, less authorized deductions. 2. The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored either at or near the site. 3. All work covered by partial payment shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection of the work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfi IIment of all terms of the Contract Documents. 4. Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to the final payment request that the work has been accepted by him under the conditions of the Contract Documents. The entire balance, excluding the retained percentage, found to be due the Contractor shall be paid to the Contractor, except such sums as may be lawfully retained by the Owner for saving the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, material-men and furnishers of machinery and parts thereof, equipment, tools and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so, the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this GC 23 of37 A ED -Off System Safety sentence be construed to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. 5. Owner shall release half of the "to percent retained" amount at start of required warranty period. 50 percent of the remaining retained amount shall be released after six (6) moths into required warranty period provided no defects are observed in originally accepted work. The remaining retained balance shall be released at successful completion of the required warranty period as certified by the Engineer. All payment requests shall be approved by the Engineer prior to forwarding to the Owner. 6. If the Owner fails to make payment 30 days after approval by the Engineer, in addition to other remedies available to the Contractor, there shall be added to each such payment, interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the Contractor. GC-50. ACCEPTANCE OF FINAL PAYMENT AS RELEASE: 1. The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and other relating to or arising out of this work. Any payment, however, final or otherwise, shall not release the Contractor or his Sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. GC-51. INSURANCE: 1. The Contractor shall purchase and maintain during the life of this Contract such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's execution of the work, whether such execution by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 1.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts, 1.2 Claims for damages because of bodily injury, occupational sickness or disease or death of his employees, 1.3 Claims for damages because of bodily injury, sickness or disease or death of any person other than his employees, 1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to GC 24 of37 AED -Off System Safety the employment of such person by the Contractor or (2) by any other person; and 1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting there from. 2. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the work. These Certificates shall contain a provision that coverage afforded under the policies will not be canceled unless at least fifteen (15) days prior written notice has been given to the Owner and Construction Manager. 3. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, liability insurance as hereinafter specified. 3.1 Contractor's General Public Liability and Property Damage insurance including vehicle coverage issued to the Contractor and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations be by himself or by any Subcontractor under him or anyone directly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written with a limit of liability of not less than $200,000 for all damages arising out of bodily injury, including death, at any time resulting there from, sustained by anyone person in anyone accident; and a limit of liability of not less than $500,000 for any such damages sustained by two or more persons in anyone accident. Insurance shall be written with a limit of liability of not less than $100,000 for all property damage sustained by anyone person in any one accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. Contractor's insurance policy shall name Owner and Program Manager as insured under this policy. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his/her subcontract, Subcontractor Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractor in his/her own policy. 3.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage insurance upon the Project to the full insurable value thereof for the benefit of the Owner, the Contractor and Subcontractor as their interest may appear. This provision shall in no way release the Contractor or Contractor's Surety from obligations under the Contract Documents to fully complete the Project. 4. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, in accordance with the provisions of the laws of the state in which the work is performed, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide Workman's Compensation Insurance, including occupational disease provision for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class GC 25 of37 AED -Off System Safety of employees engaged in hazardous work under this Contract at the site of the Project is not protected under Workman's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. 5. The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for work to be performed. Unless specifically authorized by the Owner, the amount of such insurance shall not be less than the contract price totaled in the bid. The policy shall cover not less than the losses due to fire, explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft and smoke during the contract time and until the work is accepted by the Owner. The policy shall name as the insured the Contractor, the Engineer and the Owner. 6. Contractor shall provide a Builders Risk All Risk insurance policy for the full replacement value of all Project work including the value of all on site Owner-furnished equipment and/or materials associated with Program Manager's services. Such policy shall include coverage for loss due to defects in materials and workmanship and errors in design, and will provide a waiver of subrogation as to Program Manager and the Owner, and their respective officers, employees, agents, affiliates, and subcontractors. GC-52. CONTRACT SECURITY: 1. The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the Owner with a Performance Bond and a Payment Bond in penal sums equal to the amount of the contract price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact business in the state in which the work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these bonds shall be borne by the Contractor. If at any time a Surety on any such bond is declared a bankrupt or loses its right to do business in the state in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (l0) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished an acceptable bond to the Owner. GC-53. ASSIGNMENTS: 1. Neither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or his right, title or interest therein, or his obligations thereunder, without written consent of the other party. GC 26 of37 AED -Off System SafeQ' GC-S4. INDEMNIFICATION: 1. The Contractor will indemnify and hold harmless the Owner and Program Manager and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the Contractor and Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 2. In any and all claims against the Owner or the Engineer or any of their agents or employees, by an employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workman's Compensation acts, disability benefit acts or other employee benefits acts. 3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, design or specifications. GC-5S. SEP ARA TE CONTRACTS: 1. The Owner reserves the right to let other contracts in connection with this Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs. If the proper execution or results of any part of the Contractor's work depends upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. 2. The Owner may perform additional work related to the Project by himself or he may let other contracts containing provisions similar to these. The Contractor will afford the other Contractors who are parties to such contracts (or the Owner, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of the work and shall properly connect and coordinate his work with theirs. 3. If the performance of additional work by other Contractors or the Owner is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional work. If the Contractor believes that the performance of such additional work by the Owner or others involves him in additional expense or entitles him to an extension of the contract time, he may make a claim therefor as provided in Sections GC-13 and GC-14. GC 27 of37 AED -Off System Safely GC-56. SUBCONTRACTING: 1. The Contractor may utilize the services of specialty Subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty Subcontractors. 2. The Contractor shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without prior written approval of the Owner. 3. The Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. 4. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. 5. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. GC-57. ENGINEER'S AUTHORITY: 1. The Engineer shall act as the Owner's representative during the construction period. He shall decide questions which may arise as to quality and acceptability of materials furnished and work performed. He shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Engineer will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. 2. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship and execution of the work. Inspections may be made at the factory or fabrication plant or the source of material supply. 3. The Engineer will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. 4. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents. GC-58. LAND AND RIGHTS-OF-WAY: 1. The Owner will furnish all land and rights-of-way necessary for carrying out and for the completion of the work to be performed pursuant to the Contract Documents. If all land and rights-of-way are not obtained prior to the issuing of the Notice to Proceed, the Contractor shall begin work upon lands and rights-of-way that have been acquired. 2. The Owner shall provide to the Contractor information which delineates and describes the lands owned and rights-of-way acquired. GC 28 of37 AED -Off System Safety 3. The Contractor shall provide at his own expense and without liability to the Owner any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. GC-59. GUARANTEE: 1 . The Contractor shall guarantee all materials and equipment furnished and work performed for a period of eighteen (18) months from the date of substantial completion. The Contractor warrants and guarantees for a period of eighteen (18) months from the date of substantial completion of the system that the completed system is free from all defects due to faulty materials or workmanship and the Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The Owner will give notice of observed defects with reasonable promptness. In the event thatthe Contractor should fail to make such repairs, adjustments or other work that may be necessary by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect though the guarantee period. GC-60. TAXES: 1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the work is performed. GC-61. WORK ADJACENT TO RAILWAY OR OTHER PROPERTY: 1. Whenever the work embraced in this Contract is near the tracks, structures or buildings of the Owner or of other railways, persons, or property, the work shall be so conducted as not to interfere with the movement of trains or other operations of the railway, or, ifin any case such interference be necessary, the Contractor shall not proceed until he has first obtained specific authority and directions therefore from the proper designated officer of the Owner and has the approval of the Engineer. GC-62. ORDER AND DISCIPLINE: 1. The Contractor shall at all times enforce strict discipline and good order among his employees and any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged immediately on the request of the Engineer and he shall not again be employed on the work with the Engineer's written consent. GC-63. WARNING DEVICES AND SIGNS: 1. The Contractor shall furnish, erect, paint and maintain warning devices when construction is on or near public streets for the protection of vehicular and pedestrian traffic. Such devices will be in accordance with the Georgia Manual on Uniform Traffic Control Devices for Street and Highways, "Traffic Control for Highway Construction and Maintenance Operations," latest edition. GC 29 of37 AED -Off System Safety 2. A 20" x 30" sign, mounted on a solid post, 8 feet above the ground, indicating the name and a 24-hour phone number of the Contractor in 4" letters, shall be erected at prominent locations on the construction site as directed by the Engineer. The Contractor may remove the sign following the maintenance period. GC-64. SPECIAL RESTRICTIONS: 1. No work shall be allowed after the hours of darkness or on Sunday without permission of the Owner. GC-65. AS-BUILT DRAWINGS: The Contractor shall furnish a complete, legible set of "as-built" plans, prepared and certified by a qualified Georgia Licensed Professional Land Surveyor (PLS), to Augusta Engineering Department seven (7) days prior to the date of the Final Inspection. The Director of Engineering Department or his/her designee shall review the submitted as-built plans for accuracy, legibility, completeness, and conformity with approved construction plans. Upon approval of submitted as-built, three(3) hard copies and one electronic (CD- in GA State plan coordinate) copy shall be submitted to Engineering Department for record and Director of Engineering signature. There shall be no separate payment unless otherwise shown. GC-66. CONTRACTOR NOT TO HIRE EMPLOYEES OF THE OWNER: 1. The Contractor shall not employ or hire any ofthe employees of the Owner. GC-67. DRAWINGS: 1. The Owner will furnish to the Contractor, free of charge, up to three (3) sets of direct black line prints together with a like number of complete bound specifications for construction purposes. Location of all primary features of the work included in the Contract are indicated on the Contract Drawings. GC-68. FIELD OFFICE FACILITIES: 1. The Contractor shall provide, at a point convenient to the work, suitable office facilities for housing records, plans and contract documents. A telephone and Fax shall be provided at the Contractor's office for expediting the work and be made available for the use of the Engineer. A complete and up-to-date set of the plans and specifications shall be available at the field office at all times that the work is in progress. GC-69. RIGHTS-OF-WAY AND EASEMENTS: 1. The Owner will furnish all land and rights-of-way necessary for the carrying out of this contract and the completion of the work herein contemplated and will use due diligence in acquiring said land and rights-of-way as speedily as possible. But it is possible that all land and rights-of-way may not be obtained as herein contemplated before construction begins, in GC 30 of37 AED -Off System Safety which event the Contractor shall begin his work upon such land and rights-of-way as the Owner may have previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in obtaining the remaining lands and rights-of-way. Should the Owner be prevented or enjoined from proceeding with the work or from authorizing its prosecution, either before the commencement, by reason of any litigation or by reason of its inability to procure any lands or rights-of-way for the said work, the Contractor shall not be entitled to make or assert any claim for damage by reason of said delay or to withdraw from the contract except by consent of the Owner; but time for completion of the work will be extended to compensate for the time lost by such delay; such determination to be set forth in writing and approved by the Owner. 2. The Contractor shall not perform any work outside the limits of the right-of-way or easements. In addition, no equipment or material shall be placed outside these areas without written permission of both the property owner and the Engineer. In the event that the Contractor elects to utilize private property for any purpose connected with the project, such as, but not limited to, staging areas, equipment and/or material storage or simply as a convenience, he shall submit a written agreement to the Engineer containing vital information such as limits of both area and time the property is to be utilized and a description of the intended use. The agreement must be signed by both the property owner and the Contractor and will be reviewed and recorded by the Engineer. Such agreements must be submitted prior to the contractor's use of the property. All buildings located on newly acquired R/W and/or easements shall be relocated by the Contractor. Such buildings on existing R/W and/or easements shall be removed by the owner or will become the property of the Contractor. GC-70. ESTIMATE OF QUANTITIES: 1. The estimated quantities of work to be done and materials to be furnished under this contract if shown in any of the documents including the bid are given only for use in comparing bids and to indicate approximately the total amount of the contract and the right is especially reserved except as herein otherwise specifically limited to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this contract and such increase or diminution shall in no way vitiate this contract nor shall any such increase or diminution give cause for claims or liability for damages. GC.71. EXISTING STRUCTURES AND UTILITIES: 1. The existence and location of structures and underground utilities indicated on the plans are not guaranteed and shall be investigated and verified in the field by the Contractor before starting work. The Contractor shall be held responsible for any damage to and for maintenance and protection of existing utilities and structures. GC310f37 AED -Off System Safety GC-72. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: 1. The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for his approval, a breakdown showing estimates of all costs apportioned to the major elements of equipment, material and labor comprising the total work included under any of the lump sum items shown in the proposal. These estimates as approved will serve as the basis for estimating of payments due on all progress estimates. GC-73. PRIOR USE BY OWNER: 1. Prior to completion of the work, the Owner may take over the operation andlor use of the uncompleted project or portions thereof. Such prior use of the facilities by the Owner shall not be deemed as acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. GC-74. CLEANING UP: I. The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. GC-75. SALVAGE MATERIALS: All salvageable materials, such as drainage pipe, which require removing but not used on this project, are to be removed from the Right-of-Way, as directed by the Engineer, and recycled or properly disposed of per applicable local and state regulations. Augusta Engineering reserves the right to request a copy of disposal documents for these materials. GC-76. MAINTENANCE OF TRAFFIC: 1. In any work within the public right-of-way, the Contractor shall provide adequate warning and protection for pedestrian and vehicular traffic from any hazard arising out of the Contractor's operations and will be held responsible for any damage caused by negligence on his part or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The Contractor shall not block traffic on any street more than 30 minutes or without written permission from such agency. Before leaving the work each night, it shall be placed in such condition as to cause the least possible hazard therefrom. Should the Contractor fail to comply with the provisions of this paragraph, the Owner may, with his own forces, provide signs, flagmen, barricades and/or passageways or clear the pavement and deduct the cost thereof from sums due to the Contractor. GC 32 of37 AED -Off System Safety The Contractor shall provide construction signs in accordance with requirements of "Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways"; current edition with added supplements and provisions. The attention of the Contactor is specifically directed to Subsection 107.09 of the Supplemental Specification-"Barricades and Danger, Warning, and Detour Signs". "The Contractor shall furnish, install, and maintain all necessary and required barricades, signs, and other traffic control devices in accordance with these specifications, Project Plans, Special Provisions, and MUTCD, and Take all necessary precautions for the protection of the work and safety of the public." All temporary signs, barricades, flashing lights, striping and any other traffic control devices required during construction of this project shall meet all requirements of the MUTCD current addition, as directed by the Engineer and be furnished by the Contractor with payment in accordance with Section 150. The Contractor shall so conduct his operations that there will be a minimum of interference with, or interruption of, traffic on the travel way. This applies to initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way, traffic shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, the Contractor must comply with MUTCD, current edition and Georgia Standard 9102. The Contractor shall provide all temporary traffic control devices needed to safely direct traffic through the construction area. All temporary traffic control devices are to be placed in accordance with Georgia Department of Transportation Standards and Specifications. GC -77. FLAGGING: Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions, and as required by the Engineer. All FIaS!:2ers shall meet the requirement of part 6F of the MUTeD Current Edition and must have received training and a certificate upon completion of the training from a Department approved training program. Failure to provide certified Flaggers as required above shall be reason for the Engineer suspending work involving the F/agger(s) until the Contractor provides the certified Flagger(s). Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, or jacket, and shall use a Stop/slow paddle meeting the requirements of Section 6F-2 of the MUTCD Current Edition for controlling traffic. The Stop/slow paddle shall have a shaft length of seven (7) feet minimum. In addition to the stop/slow paddle, a Flagger may use a 24-inch square red/orange flag as an additional device to attract attention. For night work, the vest shall have reflectorized stripes on front and back. Signs for Flagger traffic control shall be placed in advance of the flagging operation in accordance with the MUTCD Current Edition. In addition to the signs required by the MUTCD, signs at regular intervals, warning of the presence of the Flagger shall be placed beyond the point where traffic can reasonably be expected to stop under the most severe conditions for that day's work. GC 33 of37 A ED -Off System Safety GC .78. TRAFFIC DETOURS: Where detours are required and in accordance with Section 150 of the Standard Specifications and any Supplements thereto, the Contractor shall file for approval a detour plan of operation for this project. This plan shall include details of staging and rerouting of traffic including estimated length of time for use of the detours. The Contractor shall so conduct his operations that there will be a minimum of interference with, or interruption of, traffic upon and along the roadway. This applies to the initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way traffic shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, the Contractor must comply with the Manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. GC-79. MAINTENANCE OF ACCESS: 1. The Contractor will be required to maintain access to business establishments during all time they are open for business, to churches, schools and other institutions during the time they are open and to all residential and other occupied buildings or facilities at all times. Bridges across open trenches and work areas will be required to provide vehicular and pedestrian access. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The Contractor shall, however, plan and pursue his operations so as to minimize the time that direct entrance is blocked. GC -80. SPECIAL EVENTS: When Special Events occur, such as the Augusta Masters Golf Tournament, all work shall be safe up, shut down and maintained until the Engineer okays the resumption of work. No project is exempt without the expressed approval of the Engineer. If these type work stoppages impose a hardship, contract time wise, consideration will be given to extending the contract time in an amount commensurate with the delay caused by such work stoppages provided the Contractor has otherwise pursued the work diligently. GC-81. EROSION CONTROL AND RESTORATION OF PROPERTY: 1. The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. The Contractor will be required to submit a Soil Erosion, Sedimentation and Stormwater Pollution Control plan that is in compliance with the work site erosion control and NPDES plan, per the Georgia Department of Transportation and Georgia Environmental Protection Erosion, Sediment and Stormwater Pollution Control requirements. GC 34 of37 AED -Off System Safety 2. The contractor will be responsible for NPDES monitoring and documentation to keep the project in compliance with applicable NPDES permit requirements. The contractor shall be responsible to bring project incompliance and pay penalty imposed on the project due to non compliance to NPES permit and other permits. 3. The cost of this work shall be included in the cost of Lump Sum Construction unless Shown as a Separate pay item. GC -82. UTILITIES: All utility facilities except those owned by Augusta Utilities Department which are in conflict with construction, not covered as specified items in the detailed estimate, are to be removed and relocated to clear construction by the respective owners with the exception of Augusta Utilities and Augusta Traffic Engineering unless added later to the contract as a supplemental item. All "above ground" utility structures will be located as near as possible to the right-of-way line. The Contractor will not be paid for any delays or extra expense caused by utility facilities obstructions or any other items not being removed or relocated to clear construction in advance of his work. All known utility facilities are shown schematically on the plans, and not necessarily accurate in location as to plan or elevation. Utility facilities such as service lines or unknown facilities not shown on the plans will not relieve the Contractor of his responsibility under this requirement except as noted below. "Existing Utility Facilities" means any utility facility that exists on the highway project in its original, relocated or newly installed position. Other than service lines from street mains to the abutting property the contractor will not be held responsible for the cost of repairs to damaged underground utility facilities when such facilities are not shown on the plans and their existence is unknown to the Contractor prior to the damage occurring, providing the Engineer determines the Contractor has otherwise fully complied with the Specifications. The Contractor shall use the one-call center telephone number 1-800-282-7411 for the purposes of coordinating the marking of underground utilities. The Contractor's attention is directed to the probability of encountering private utility installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas and underground telephone cables that either are obstructions to the execution of the work and need to be moved out of the way or, if not, must be properly protected during construction. No separate payment will be made for this work. Public utilities of this nature except Augusta Utilities and Augusta Traffic Engineering will be handled by the utility owner. GC 35 of37 AED -Off System Safety THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK BEGINS: (Contacts revised July 12,2007) Atlanta Gas Light Company 337 Habersham Road Martinez, Georgia 30907 Phone: (706) 214-0858 Fax: Attn: Carl Corley Augusta Richmond County Utilities 360 Bay Street, Suite 180 Augusta, GA 30901 Phone: (706) 312-4132 Fax: (706) 312-4133 Attn: Russell Thies Bell South 3841 Wrightsboro Road Augusta, GA 30909 Phone: (706) 228 -5203 Fax: (706) 855-1917 Attn: Austin Sapp Georgia Power Post Office Box 188 290 North Peachtree St. Lincolnton, Ga. 30817 Phone: (706) 836-0130 Fax: (706)359-6115 Attn: Mr. Al Danner Knology of Augusta 3714 Wheeler Road Augusta, GA 30909 Phone: (706) 364-1015 Fax: (706) 364-1011 Attn: Richard Strength Jefferson Energy Cooperative P.O. Box 457 Wrens, GA 30833 Phone: (706) 547-5019 Fax: (706) 547-5051 Attn: Mike Wasden Comcast Communications P.O. Box 3579 Augusta, GA 30904 Phone: (706) 739 -1865 Fax: (706) 733 - 6942 Attn: Kevin O'Meara KMC Telephones (706) 821 -2522 Attn: Dennis Norviel GC83. UTILITY ACCOMMODATION POLICY: In so far as possible, work shall be scheduled so that open excavations will not be left overnight. Where trenches, pits or other excavations are within the clear roadside areas and cannot be backfilled before leaving the job site, they shall be covered by timbers or metal plates and protected by reflectorized and/or lighted barricades as appropriate and as directed GC 36 of37 AED -OfT System Safety by the Engineer. Barricades sufficient to prevent a person from falling into an excavated or work area must be erected in areas where these conditions exist. GC-84. BYPASSING SEWAGE: 1. The Contractor will be required to schedule and coordinate construction sequences and to use temporary construction and other approved methods which will minimize the bypassing of sewage during construction of the sewer facilities. The diversion of sewerage to open ditches or streams will not be permitted. GC-85. SAFETY AND HEALTH REGULATIONS: 1. The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL31-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). GC -86. WARRANTY: Unless otherwise specified, all contract work is subject to a I8-month warranty. The 18- month warranty is hereby modified to include the following: Any repairs, corrections or modifications performed within the last six months of the original IS-month warranty shall have the original 18-month warranty extended 180 calendar days past the date of such repairs, corrections or modifications. GC-87. PRECONSTRUCTION CONFERENCE: 1. A preconstruction conference shall be held at an acceptable time to the Owner and the Contractor prior to the "Notice to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents. GC 37 of37 AED -Off System Safety s~ PROPOSAL COpy 'P~~ fQu'tfYlettt- Jvbd=./~ Date: 12/09/09 Gelltlemen: In compliance with your invitation fur bids dated I' / '""" / 2009, the undersigned hen:by proposed to furnish all labor, equipment, and ~ to perfonn all work for the installation of roadway improvements, and appurtenances referred to herein as: OFF-SYSTEM SAFETY PROJECT NUMBER: XXX-XX-XXXXXX In strict accordance with the Contract Docwnents and in consideration of the amounts shown on the Bid Schedule attached hereto and totaling: DOLLARS ($406,726.25 ) The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the OWNER, and that he will provide the bond or guarantees required by the Contract Docwnents. The undersigned hereby agrees that, if awarded the contract, he will commence the work within JJ! calendar days after the date of written notice to proceed, and that he will complete the work within 180 calendar days. The undersigned acknowledges receipt of the following addenda: Addendum Number: 1 Addendum Date: 12/01/09 Respectfully submitted: . fee.$ ~o..~ei1'+ ~o..!~'\(..~ U.L (Name of Finn) ''''H.oOt~ r~e k :::t.."Ju.f.+ric\.\ ~ ~W 3l'1.t>C{ (Busi~ "A}Ift~/ _ ( c \. """--- \-.)v....s I GA BY:~ Title: $ P N~",.~ ,,' S"k..(.k.f"\ P-2 AED-OtTSysfem Improvement Item # Quantity Unit cost Price HlghwaV Signs, Type 1 Material, Reflective Sheeting TVpe 3 636-1020 1,405 sq ft 13.00 18,265.00 Highway Signs, Type 1 Material, Reflective Sheeting Type 9 636-1033 1,870 sq ft 14.00 26,180.00 Galvanized Steel Posts Type 7 636-2070 8360 lfn ft 5.00 41,800.00 Galvanized Steel Posts Type 9 636-2090 1,430 lin ft 5.00 7,150.00 Thermoplastic Solid Traffic Stripe,S Inch white 6S3-2501 126.5 miles ,100.00 139,150.00 ThermoplastIc Solid Traffic Stripe,S inch yellow 653-2502 115 miles ,100.00 126,500.00 Thermoplastic SkIp Traffic Stripe. 5 inch whIte 653-4501 20.5 miles 550.00 11 , 275. 00 Thermoplastic SkIp Traffic Stripe,S Inch yellow 653-4502 25 miles 550.00 13,750.00 Raised Pavement markers, Type 1 654-1001 6,700 each 2.25 15,075.00 Raised Pavement Markers, Type 2 654-1002 2,925 each 2.25 6,581.25 Traffic Control 150-1000 lump Sum ~,OOO.OO 1,000.00 Total $406,726.25 P-3 To: GERI A. SAMS CITY OF AUGUSTA PROCUREMENT DEPARTMENT Re: BID 09-180 RICHMOND COUNTY. GEORGIA Quote # 11145 PlnllflllCC8pt the following as our quotation to install thermoplastic pavement markings on various county roads as outlined in your proPOllfll. Our unR prices will be as follows: lITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I HIGHWAY SIGNS, TYPE 1 MAT REFL SHEET TY3 HIGHWAY SIGNS, TYPE 1 MAT REFL SHEET TY9 GALVANIZED STEEL POSTS TYPE 7 GALVANIZED STEEL POSTS TYPE 9 THERMO SOLID TRAF STRIPE 5" WHITE THERMO SOLID TRAF STRIPE 5" YELLOW THERMO SKIP TRAF STRIPE 5" WHITE THERMO SKIP TRAF STRIPE 5" YELLOW RAISED PAVEMENT MARKERS TYPE 1 RAISED PAVEMENT MARKERS TYPE 2 TRAFFIC CONTROL 1,405 SF 1,870 SF 8,360 LF 1,430 LF 12e.5 MILES 115.0 MILES 20.5 MILES 25.0 MILES S,700 EA 2.925 EA 1 LS $13.00 $14.00 $5.00 $5.00 $1,100.00 $1,100.00 $550.00 $550.00 $2.25 $2.25 $1,000.00 $18,265.00 $26.180.00 $41,800.00 $7,150.00 $139,150.00 $12e,500.00 $11,275.00 $13,750.00 $15,075.00 $6,581.25 $1,000.00 ESTIMATED TOTAL FOR PROJECT: $406,726.261 The above unR prices for signs and posts are for aSllflmbly and installation only, Removal of existing signs is not included, The above quanitles are estimated. Billing will be based on actual quantities installed. The above unR prices ere based on one (1) move"n to the project. The above unR prices do not Inelud, blading of grass or cleaning of the roadway. The county shall be responsible for blading grBSll, sweeping roadway if needed prior to placement of pavement markings, and remOving existing signs.. The ebove prlclng may be withdrawn If not approved within sixty (60) days, We appreciate the opportunity to quote you this work. If you have any questions or need further information, please lat us know. Thank you and best regards, Hal Shortnacy VP Administration IF THIS QUOTE IS ACCEPTED, PLEASE SIGN AND FAX TO OUR OFFICE OR THIS QUOTE CAN BE AN EXHIBIT IN THE CONTRACT. COMPANY NAME (PRINT) Name (Print) Signature PO# DATE TRAFFIC STRIPE PAINTING AND THERMOPLASTIC APPLICATION FOR HIGHWAYS AND AIRPORTS SUMMARY OF TOTAL ESTIMATED PROJECT QUANTITIES Improvement Item # Qua ntity Highway Signs, Type 1 Material, Reflective Sheeting Type 3 636-1020 1,405 sq ft Highway Signs, Type 1 Material, Reflective Sheeting Type 9 636-1033 1,870 sq ft Galvanized Steel Posts Type 7 636-2070 8360 lin ft Galvanized Steel Posts Type 9 636-2090 1,430 Un ft Thermoplastic Solid Traffic Stripe, 5 inch white 653-2501 126.5 miles Thermoplastic Solid Traffic Stripe,S inch yellow 653-2502 115 miles Thermoplastic Skip Traffic Stripe, 5 inch white 653-4501 20.5 miles Thermoplastic Skip Traffic Stripe, 5 inch yellow 653-4502 25 miles Raised Pavement markers, Type 1 654-1001 6,700 each Raised Pavement Markers, Type 2 654-1002 2,925 each Traffic Control 150-1000 Lump Sum P-4 AED-Off System SUMMARY OF THERMOPLASTIC ROADWAY STRIPING NOTES: (1) See following page for identification of and quantities for each of the Richmond County Qff-the-State-Route-System roads to striped with thermoplastic lines. (2) See Exhibit _ of this contract for location sketches of these Richmond County roads to be striped with thermoplastic. (3) Quantities shown below are estimated - payment to be made based upon field measurement after acceptable installation. ESTIMATED THERMOPLASTIC STRIPING QUANTITIES (from followinR paee): Solid white: 126.4 miles (use 126.5 miles) Solid yellow: (42 X 2) + (17.1) + (12.8) = 113.9 miles (use 115 miles) Skip white: 20.2 miles (use 20.5 miles) Skip yellow: (17.1) + (7.7) = 24.8 miles (use 25 miles) SUMMARY OF ESTIMATED THERMOPLASTIC ROADWAY STRIPING RICHMOND COUNTY Improvement Item # Quantity Thermoplastic Solid Traffic Stripe, 5 inch white 653-2501 126.5 miles Thermoplastic Solid Traffic Stripe, 5 inch yellow 653-2502 115 miles Thermoplastic Skip Traffic Stripe,S inch white 653-4501 20.5 miles Thermoplastic Skip Traffic Stripe,S inch yellow 653-4502 25 miles Traffic Control 150-1000 Lump Sum P-5 AED-Off System ~~ -~ it/) UI",N .",..:...: Wo !::::i"":~N'" UlN .....IlOUI :r:ooo . 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ESTIMATED RAISED PAVEMENT MARKERS (from followins: Das:el: Type 7 Posts: 552 each @ 16' = 8,352 linear feet (use 8,360 linear feet) Type 9 Posts: 89 each @ 16' = 1,424 linear feet (use 1,430 linear feet) Type 3 Reflectivity Signs: 1,404.5 square feet (use 1,405 square feet) Type 9 Reflectivity Signs: 1,868.5 square feet (use 1,870 square feet) SUMMARY OF ESTIMATED THERMOPLASTIC ROADWAY STRIPING RICHMOND COUNTY Improvement Item # Quantity Highway Signs, Type 1 Material, Reflective Sheeting Type 3 636-1020 lAOS sq ft Highway Signs, Type 1 Material, Reflective Sheeting Type 9 636-1033 1,870 sq ft Galvanized Steel Posts Type 7 Galvanized Steel Posts Type 9 636-2070 8360 lin ft 636-2090 1A30 lin ft P-9 AED-OffSystem TYPE 3 Reflectivity Signs TYPE 9 Reflectivity Signs Reference COmmon Name Size Estimated " Reference Common Name Size (inches) Estimated" name (inches) needed name needed R2-1 (55) 55 MPH Speed limit 24)( 30 14 RI-I Stop Sign 30" size 19 R2-1(50) 50 MPH Speed Limit 24)( 30 13 RI-2 Yield Sign 36" size 10 R2-1 (45) 45 MPH Speed limit 24)( 30 32 SI-1 School Advance Symbol 30" size 14 R2-1(40) 40 MPH Speed limit 24 )( 30 20 53.1 School bus stop ahead 30 )( 30 19 R2-l (35) 35 MPH Speed limit 24 )( 30 43 S4-3 "Schoolw plate 8 )( 24 2 R2-1 (30) 30 MPH Speed limit 24 X 30 4 SS-2 End School Zone 24 X 30 10 R2-1 (2S) 25 MPH Speed limit 24 )( 30 2 OMl Objeet Marker Left 12X36 7 R2-5A Reduced Speed Ahead 24 )( 30 6 OMR Objeet Marker Right 12 X 36 8 R3-2 No left-Turn Symbol 24 )( 24 3 WI-2R Right Curve SiJn 30X30 30 R3-7R Right lane Must Turn Right 30 )( 30 8 WI-2l left Curve Sign 30X30 21 R3.98 Center lane Left Tum Only 24 )( 36 9 WI-3 Reverse Curve 30)(30 2 R4.1 Do Not Pass 24X30 3 WI-5R Winding Road Right 30X30 4 R4-3 Slower Traffic Keep Right 24X30 I WI-5L Winding Road Left 30X30 7 R4-7 Keep Right Symbol 24X30 10 WI-6 large Single Arrow 24X48 1 RS-I Do Not Enter 30X30 S4 WI-7 large Double Arrow 24X48 2 R5-2P "No Trucks" Plate 18 X 24 1 Wl.8 Chevron 24 X 30 36 R6-2l One Way Sign wI Arrow 24X18 8 W2-1 Cross Road Waming Sign 30X30 2 R7-ID No Parking Anytime 12X18 106 W2-2 Side Road Warning Sign 30X30 13 R8-3A No Parking Symbol 24X24 5 W3-lA Stop Ahead Sign 36X36 15 RI0-7 Do Not Block Intersection 24 X 30 1 W3.3 Signal Ahead Sign 36X36 10 TYPE 3 Reflectivity Signs TYPE 9 Reflectivity Signs W4-2L lane Ends 36 X 36 2 WI0-5 Rough Crossing 30 X 30 2 W4-2R lane Ends 36 )( 36 1 Wl1-2 Pedestrian Symbol 30 )( 30 10 W5.2A Narrow Bridge Symbol 36 X 36 3 Wl1-8 Fire Station Symbol 30X30 1 W6.1 Divided Highway 30 X 30 1 W13-1 (151 15 MPH Advisory Plate 18 X 18 2 W7-18 8% Truck Grade 30X30 1 W13.1 (20) 20 MPH AdvisOry Plate 18 Xl8 1 WS-I "Bump" sIgn 36X36 1 W13-l (35) 35 MPH Advisory Plate 18 X 18 I W8-4 Low Shoulder 36 X 36 4 WI4-4 Lim ited SiJht Distance 30 X 30 4 WB-4 Soft Shoulder 36X36 3 WI6-7 Pointing "Arrow" Plate 18 X 30 17 W8-13 BrIdge Ices Before Road 30X30 4 WI6-9 "Ahead" Plate 12 X 24 6 WID.! Railroad Warning 36" size 14 WS50-1 Trucks Entering Highway 30X30 2 IDENTITY/SIZE/ESTIMATED NUMBER OF SIGNS TO BE INSTALLED NOTES: (1) See following page for locations of these proposed sign improvements (the reference footage shown on the following pagers for sign placement is for the general area each proposed sign is to be installed - installation of each sign shall be dictated by actual field conditions and MUTCD guidelines). (2) The contractor shall work closely (including regular communication) with the Augusta-Richmond County Traffic Engineering Department (ARC TEP Dept) to resolve all signs to be installed under this contract. Portions of these plans were developed upwards of two years before the contract letting; thus there will be some signing changes. Any conflicts in these plans, or questions, shall be resolved by ARC TE Department. 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P-40 AED-Off System LOCATION SKETCHES The Thermoplastic Roadway Striping and/or the raised pavement markers and/or the signing proposed in this contract are to be accomplished on 38 off-the-state-route-system roadway segments located in Richmond County. The following pages are location sketches of these 38 roadways. P-41 AED-Off System .1 o ~ UJ u :i o~.~~~8~~C~N~~-~~oo o~~~oc. ._N_~~~.O~~~ ~~~N~N~.-~~_N.~~~O~.. r-- . . . __N"ItIl)'" o ~NN""It~~~~~~aw____~_ 5 ~ ~)( o l1. .... , UJ ~ )(K)(KX)(XXX)(XK)(XXX)(XX o l1. t:::!::t: !::!::!::... :!::E::E :E:ii!::E i o ~~~o 616 ~~~ ~ c ~w~~~~~UJ~~~g~ffi~~ ~ ~<w>IE~wwwoE~EEowwwoow>w -W-z-~l1.l1.a::: - a:::l1.l1.l1.a:::a::: l1. ~~~ ~~~~~ZJZZ~~0000~~ ~CUou%%%ZOOOOZ%%XZZU% 5~"'~~l1.l1.aS~~~~Ol1.l1.l1.QQt:l1. ~S~~~~=~~~~~~~=~:~~w~ Q0~Oa:::"It..."It~oa:::ou~."It.~~~. 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No warranties, express or implied, are provided fO( the records and/or mapping data herein, or for their use or interpretation by the User. Map Scale 1 inch = 0.5 mile P-42 AED-Off System Print Preview Page 1 of 1 2 STORY MILL RD . For Private Use Only Disclaimer: Wlile every effort is made to keep information provided over ti1e internet accurate and up-to-date, Augusta does not certify the authenticity or accuracy of such infonnation. No warranties, express or implied, are provided for the records andlor mapping data herein, or for their use or interpretation by the User. Map Scale 1 inch = 0.6 mile P-43 AED-Off System - CoM o .if !I.~g lD.I . :s fi I !!f:8ij 5 5 -8 Is . ~'i i < :1.2 ~ I :) oj ~E.& .Ij ilJ'- .~l !: I~l~ lii~' fz~ iJ! o.....$~ ::J ,. I!... .. c: IE I @ ~~.::! Q.~ ~.g >! S JIii: 6 ~ 0 C ; -g Q li ~iiSJ1~it~ .:.51 ~.fS-8~.! ~!U IJ"E e?;- ~li II e l!J ZO a.8.!-g .~t:Q.::J ~l!' C5 l5 - 'a a or::&. S ell -5~ Ii .b ~; ... 0 iDu = < If"IlI a ~ is -Ii IN . II ~'f1 III .- ~ .~ e p., .~ ~ " P-44 AED-Off System 0Cl o o ~ - ...... M ~ ;s ""f ~ g y :3 0- o [t ~ ?;o 3 o u ~ s= ~ ~ I fA ::s CJl < II ~ e !:l. ~ ;f (;'-. >< Q. ~ ~ Go) .... > Go) Ii: ..... c 'C c.. .) OJ) ::s CIS ~ ~ cd I ::s CJl :t ~ ..ci ~ ~ ~ -E - Q.. ~ Print Preview Page 1 of 1 Augusta~Richmond County Map For Private Use Only Disc/aimer: While every effort is made to keep information provided over the internet acctJfate and up-to-date, Augusta does not certify the authenticity or accuracy of such information. No warranties, express or implied, are provided for the records andlor mapping data herein, or for their use or interpretation by the User. Map Scale 1 inch = 1789 feet P-45 AED-Off System Print Preview Page 1 of 1 o H91J$!,Slt9 ~~D forPdy.ate Use Only Disclaimer. While every effort is made to keep information provided over the internet accurate and up-to-date. Augusta does not certify the authenticity or accuracy of such information. No warranties, express or im plied, are provided for the records andJor mapping data herein. or for their use or interpretation by the User. M.SlQ Scale 1 .nch III 1884 feet P-46 AED-Off System Print Preview Page 1 of 1 Augusta-Richmond County Map ~ t 1\ I I I ) I IHENDERSON RD For Private Use Onlv Disclaimer: \M1ile every effort is made to keep information provided over the internet accurate and up-to-date, Augusta does not certify the authenticity or accuracy of such information. No warranties, express or Implied, are provided for the records and/or mapping data herein, or for their use or interpretation by the User. Map Scale 1 inch = 1487 feet P-47 AED-Otf System ..... c- o - -= ~ c .... 00 ~ Oc., w j. I~ ci:e ~ ,e .'; s8 ., 0 ~'5 i,u c= ::I .- -< ,.... 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No warranties, express or implied, are provided for the records and/or mapping data herein, or for their use or interpretation by the User. Map Scale 1 inch = 1487 feet P.50 AED-Off System \; ~ ~ 0 " ..-1 ..... = J! u Cc. CO as a . .!..... ~ "5:E !~ i~ I = i" .5= I'I.l 0 ~"5 iu .. ... = .... ~ ~ . .!l .!: ~ t5 l&) .. , 1: C i S'oW = ~ 5 i ~ ~ ~i ~ fi -< J g :: oS 2' I :!3 0; ~ ~ 1: G ~ S !? 1'- :::I !I Ql! t:'-'1I1.5i "':5 mi.!.e ~~.~ Gt. t:! ~ ::J:-.5..S5:S -~E-.Q ~':I f ~ Q,f 1I).1l Q. ~ .e ~ .~.~.-: 0 ~. '51; ~ as ....l.;QIc: ~t: aiel! Q. - C!lI ,,- II) ._ oi.I~' jlg ~It?;i ~~dU!zd"'5 ~~~ ~~~ ,~~~ / ~~~ 7'J. if ~,\ ~ ..~ ~ \ M~ ~I~ )0 /... 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No warranties, express.or implied, are provided for the records and/or mapping data herein, or for their use or interpretation by the User. ~ap Scale 1 inch. 1628 feet P-52 AED-Off System Print Preview Page ] of] Augusta-Ricbmond County Map EQr.J~_dy~t~ . Use Only Disclaimer: While every effort is made to keep information provided OYer the intemet accurate and up-to-date, Augusta does not certify the authenticity or accuracy of such information. No warranties, express or implied. are provided for the records and/or mapping data herein, or for their use or interpretation by the User_ Map Sca~ 1 ;nch:IC 1523 feet P-53 AED-Off System ~ t+l 0 - -= & 1:1 -= ~ o =- 1~ s . !~ <<I..,. UN .,C CI..).... . = . II - :I ~ 0 ~-5 ~U II :I ... -< .... en ~. ._ .. J: ~c...::J' .2....1 b.e ,2 CD !ll!! 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No warranties, express or implied, are provided for the records and/or mapping data herein, or for their use or interpretation by the User. MaD Scale 1 Inch = 1497 feet P-57 AED-Off System Print Preview Page 1 of I Augusta-Richmond County Map 17 I LQUISA RD E~LPrivQte Use Only Disclaimer: While every effort is made to keep information provided over the internet accurate and up-toodete. Augusta does not certify the authenticity or accuracy of such information. No warranties, expmss or impNed, are provided tor the records andlor mapping data herein, or for their use or interpretation by the User. Map Scale 1 inch · 782 feet P-58 AED-OffSystem ... -.1f . c... .. "f.6 .. 0 1:: S i: 0 J -8 l5 ' " ..., 8til~:s Ils,rl~ f a )! ca. ~ a III ::Ehr~dt)! 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'. ~Il a . .. ! . a. ; i: it ~ ..ill M J ;'\ ~ - -- ..! - - .. l: " ; .~ II n '~L a .llPilIlflKi a ,.~ '~ - - .. , II III/ ~= ! .. .. - ~ - ~ i~ ~I~r[~ I . f Irl I I ~ !! . .... H ~ !! - .. . .. ,,] ~ - .:ll'___1i ~~ III' f . ~ Il .. ~ ~ E \.. '\ I" I I 1;1 ,- ! l I...._..._--~~ t:; -o4.~H'f. ~"" :~l~ C5 '- Il- ~15 i :::, I' ~ !i ~ i co. . ~~ :.;H ~."..;: ~';:t" ",0 ~ f ,_. ~ ~ ! ;; Ii' J AED- OFF SYSTEM SAFETY PROJECT TS6 .~ Example. of Loe.Nons to,. Some Typic,,' Signs at IntersectJolJ8 ,.~ m (~It) to 3.7 m (1211) 8 ACUTE ANGLE INTERSECTfON ....1.. '" (fI1tJ1D 3.7 m (12.) .... 1.. '" (fI ft) to 3.7 m (U ft) M'NOR CIroSSROAD DIVISIONAL ISLAND Note: Lateral ottlSells a mlnlrnurn of 1.8 m (6 11) me.,ured from 'he edge 01 the lholMder. or 3.7 m (121t1 measured from ltle edge of the 'raveled wav. CHANNELIZED INTERSECTION MARKED OR UNMARaD CAOs8wAuc SIDEWALl( I 1:Jnt(4ftJ... 0 ....1 I I- o.a m (2 It) MIN. 0 II CO URBANINTERseenON IWC. 15," (50 II) WIDE ntROAT INTERSECnON AED- OFF SYSTEM SAFETY PROJECT TS7 'a ExlltlJples of Heights and Late"" Locations of Signs for Typleallnstslltltlons ROADsIDe SIGN AURAL. 0IS11acT ..~ -..Uwl I Ii : 1- ;.'.7 ''': ...........-...-......-.. -.... ... ... ROADSIDE SIGN RURAl DE I -...,. ROADSIDE SIGN IIl1t11NE:1S OR RalaINee DII.,... WAINNG SIGN WI1H AD'MOAV IPaD Pl.AOUE RURA&. 1M} ruCT ,. II ,'" AOADSIDe ASSEMBLY ~DlSIIW\i' SIGN ON NOSE OF IlEDlAN .... ... \.. , c:I'I!a OVERtEAD MOUNTING C' ... Ji ,::I -.... II-. '.1m '-tlftJ ,'.- ,,.,', ,.. m flllJ &HOIlL.DeR AED- OFF SYSTEM SAFETY PROJECT TS8 AGREEMENT for OFF SYSTEM SAFETY PROJECT between DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA and AUGUSTA-RICHMOND COUNTY ZA!!! This ^ Agreement, made and entered into this ,- day of f=j rJtiusr 2009, by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, hereinafter called the n DEPARTMENT 11 , and AUGUSTA-RICHMOND COUNTY, GEORGIA, hereinafter called the "SPONSOR." WHEREAS, the SPONSOR has been approved by the DEPARTMENT to carry out an Off-System safety Project which consists of the construction of Project CSSFT-0008-00(876), P. I. # 0008876, hereinafter referred to as the I. PROJECT"; and WHEREAS, the DEPARTMENT is authorized to receive federal funding for safety Projects for Georgia pursuant to provisions of 23 U.S.C_ Section 133 (b) (8); and WHEREAS, the PROJECT is expected to positively impact the quality of transportation in the State of Georgia; and WHEREAS, the DEPARTMENT desires to participate with the SPONSOR in the implementation of the PROJECT; and WHEREAS, the SPONSOR has represented to the DEPARTMENT that it has the authority to receive and expend federal funds for the purpose of this PROJECT and is qualified and experienced to provide such services necessary for the construction of the PROJECT and the DEPARTMENT has relied upon such representations; and WHEREAS, under Section 32-2-2(a) (7) of the Official Code of Georgia Annotated, the DEPARTMENT is authorized to participate in such an undertaking: NOW, THEREFORE, in consideration covenant contained herein, it is DEPARTMENT and the SPONSOR THAT: of the agreed mutual by and promises between and the 1 oft3 Off System Safety Project Agreement between GDOT & ARC - 08/14109 ARTICLE I SCOPE AND PROCEDURE The SCOPE AND PROCEDURE for this PROJECT shall be the installation of the safety elements consisting of the placement of thermoplastic roadway striping, raised pavement markers, and various signing (R series, W series, and S series) mounted on square tube posts, as set forth in Exhibit A, WORK PLAN, which is further defined by the PROJECT estimate sheets (IIPROJECT PLANS") on file with the DEPARTMENT and the SPONSOR and referenced as if attached hereto and incorporated as if fully set forth herein. The SPONSOR shall be responsible for assuring that the PROJECT will be economically feasible and based upon sound engineering principles, meet American Association of State Highway and Transportation Officials ("AASHTO") Guidelines and will be sensitive to ecological, environmental and archaeological issues. The WORK PLAN sets out the scope of work for the PROJECT. It is understood and agreed that the DEPARTMENT shall participate only in the PROJECT as specified in Exhibit A, WORK PLAN. The SPONSOR shall work with the Georgia Department of Transportation District Two to advise the SPONSOR on the WORK PLAN and provide guidance during implementation of the PROJECT. During the development of the PROJECT the SPONSOR has taken into consideration, as applicable, the DEPARTMENT'S Standard Specifications for the construction of Roads and Bridges, AASHTO standards for sidewalks; FHWA guidelines for pedestrian facilities; compliance with the U. s. Secretary of the Interior 11 Standards and Guidelines, Archaeology and Historic Preservation'l; compliance with Section 106 of the National Historic Preservation Act of 1966 and with Section 4{f) of the US DOT Act of 1966; compliance with the Archaeology and Historic Preservation Act of 1974; compliance with the Archaeological Resources Protection Act of 1979 and with the Native American Graves Protection and Repatriation Act, the Georgia Abandoned Cemeteries and Burial Grounds Act of 1991; compliance with the DEPARTMENT's Scenic Byways Designation and Management Program, and with the American Society of Landscape Architect Guidelines; compliance with the Outdoor Advertising Requirements as outlined in the Official Code of Georgia Annotated, Section 32-6-70 et.seq. and other standards and guidelines as may be applicable to the PROJECT. 2 of 13 Off System Safety Project Agreement between GDOT & ARC - 08/24/09 ~ The SPONSOR has acquired rights of way I if required, and related services for the PROJECT in accordance with State and Federal Laws, DBPARTMENT's Right of Way Procedure Manual, Federal Regulations and particularly Title 23 and 49 of the Code of Federal Regulations (nCFR"), as amended. The SPONSOR further acknowledges that no acquisition of rights of way occurred until all applicable archaeological, environmental and historical preservation clearances were approved_ The SPONSOR shall ensure that all contracts as well as any subcontracts for the construction of the PROJECT shall comply with the Federal and State legal requirements i~posed on the DEPARTMENT and any amendments thereto. Specifically, but not limited to the prOV1S1.0nS governing the DEPARTMENT's authority to contract, Sections 32-2-60 through 32-2-77 of the Official Code of Georgia Annotated; the DEPARTMENT r s Rules and' Regulations governing the prequalification of Prospective Bidders, Chapter 672-5; and the DEPARTMENT's Standard Specifications and Special Provisions. The SPONSOR further agrees to comply with and shall require the compliance and physical incorporation of Federal Form FHWA-1273 into all contracts or subcontracts for construction, as attached hereto and incorporated herein as Exhibit B, Terms and Conditions. ARTICLE II COVENANTS AGAINST CONTINGENT FEES The SPONSOR shall comply with all relevant requirements of Federal, State and local laws including but not limited to those applicable requirements as outlined in Exhibit Bt TERMS AND CONDITIONS. The SPONSOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the SPONSOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the SPONSOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the DEPARTMENT shall have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 3 of 13 Off System Safety Project Agreement betweeD GDOT & ARC - 08/24/09 ARTICLE III REVIEW OF WORK Authorized representatives of the' DEPARTMENT and the Federal Highway Administration, (IIFHWA"I, may at all reasonable times review and inspect the activities and data collected under the terms of this Agreement and amendments thereto, including but not limited to, all reports, drawings, studies, specifications, estimates, maps, and computations, prepared by or for the SPONSOR. The DEPARTMENT reserves the right for reviews and acceptance on the part of effected public agencies, railroads and utilities insofar as the interest of each is concerned. Acceptance shall not relieve the SPONSOR of its professional obligation to correct, at its expense, any of its errors in the work. The DEPARTMENT's review recommendations shall be incorporated into the work activities of the SPONSOR. ARTICLE IV TIME OF PERFORMANCE TIME IS OF THE ESSENCE IN THIS AGREEMENT. The SPONSOR shall perform its responsibilities for the PROJECT, commencing on receipt of written "Notice to Proceed" from the DEPARTMENT, and shall complete the Project no later than December 31, 2010. The work shall be carried on in accordance with the schedule attached to this Agreement as "Exhibit en, WORK SCHEDULE, with that unforeseen events may make necessary some minor variations in that schedule. The work shall be carried on expeditiously, it being understood, however, that this Agreement may be extended or continued in force by mutual consent of the parties and evidenced by a written amendment thereto. ARTICLE V RESPONSIBILITY FOR CLAIMS AND LIABILITY The SPONSOR shall, to the extent permitted by law, be responsible for any and all damages to property or persons and shall save harmless the DEPARTMENT, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting 4 of13 Off System Safety Project Agreement between GDOT & ARC - 08124109 from the negligence of the SPONSOR in the perfonnance of the work under this Agreement. It is uriderstood by the SPONSOR that claims, damages, losses, and expenses may include monetary claims made by the construction contractor for the PROJECT, and its related facilities, that are a result of the SPONSOR's negligence or improper representation in the plans. The SPONSOR shall ensure that the provisions of this Article are included in all contracts and subcontracts. These indemnities shall not be limited by reason of any insurance coverage held by the SPONSOR or the SPONSOR's contractors or subcontractors. ARTICLE VI INSURANCE Prior to beginning work, the SPONSOR shall obtain and where applicable cause its subcontractors to obtain and furnish certificates to the DEPARTMENT for the following minimum amounts of insurance: A. Workmen's Compensation Insurance in accordance with the laws of the State of Georgia. B. Public Liability Insurance in an amount of not less than one hundred thousand dollars ($lOO,OOO) for injuries, including those resulting in death to anyone person, and in an amount of not less than three hundred thousand dollars ($300,000) on an account of anyone occurrence. c. Property Damage Insurance in an amount of not less than fifty thousand dollars ($50,000) from damages on account of any occurrence, with an aggregate limit of one hundred thousand dollars ($100,000). D. Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the PROJECT. Sof13 Oft' System Safety Project Agreemen.t between GDOT & ARC - 08124109 Insurance shall be maintained in full force and effect during the life of the Agreement and until final completion of the PROJECT. ARTICLE VII COMPENSATION AND PAYMENT It is agreed that the compensation hereinafter specified includes both direct and indirect costs chargeable to the PROJECT under generally accepted accounting principles and as allowed in the Federal Acquisition Regulations subpart 31.6 and not prohibited by the Laws of the State of Georgia. It is understood and agreed that the total estimated construction cost of the PROJECT as outlined in this Article and as shown in Exhibit "DII, BUDGET ESTIMATE, attached -hereto and incorporated as if fully set out herein, is rB~ b" W\to.l....,"'.>. \.:>-\-~-.- - -- The total estimated cost of the PROJECT to be financed under the Off-System Safety Program using Federal Safety funds is . "161> b,) vJ'l ...,.,i,..." )Q~. - which is the total state contribution to the PROJECT and is the maximum amount of the DEPARTMENT's obligation. The approved PROJECT budget shall include any claims by the SPONSOR for all costs incurred by the SPONSOR in the conduct of the entire scope-of work for the PROJECT. The SPONSOR shall provide the DEPARTMENT with the amount awarded, the name of the contractpr, and the completion date provided by the lowest responsive bidder. It is understood that the DEPARTMENT will pro-rate the maximum participation should the PROJECT be awarded at less than "'f 6b 1.) W' i___Io.)'~ ~ lo\~/ .., ) . The SPONSOR shall be solely responsible for any and all amounts in excess of such amount being payable only with non-Federal aid funds. In no event shall the State contribution of the project exceed '"T'i6D p., 1W"_~I'..i:J b-;-~' I , which is the DEP~TMENTrs maximum obligation. It is understood and agreed that nothing in the foregoing shall prevent an adjustment of the estimate of the PROJECT costs, provided that the DEPARTMENT's maximum obligation under this Agreement is not exceeded and that the original intent of the PROJECT is not substantially altered from the approved PROJECT. In order to adjust said budget estimate, it is also understood that the 6 of 13 Off System Safety Project Agreement between GDOT & ARC - 08124109 .t SPONSOR shall request any and all budget changes in writing and that the DEPARTMENT shall approve or disapprove the requested budget estimate change in writing. The SPONSOR shall submit to the DEPARTMENT a revised budget estimate in accordance with the successful contractor I s bid within ninety days from the date of the contractor's contract being awarded for construction, and before any construction work on the PROJECT may begin. The SPONSOR shall submit to the DEPARTMENT monthly reports of the PROJECT's progress to include a report on what was accomplished during the month, anticipated work to be done during the next month and any problems encountered or anticipated. payment on account of the above fee will be made monthly on the basis of calendar months, in proportion to the percentage of the work completed for each phase of work. Payments shall be made after approval of a certified voucher from the SPONSOR. Upon the basis of its review of such vouchers, the DEPARTMENT shall, at the request of the SPONSOR, make payment to the SPONSOR as the work progresses, but not more often than once a month. Should the work for the PROJECT begin within anyone month, the first voucher shall cover the partial period from the beginning date of the work through the last date of the month in which it began. The vouchers shall be numbered consecutively and subsequent vouchers submitted each month until the work i~ completed. Payment will be made in the amount of sums earned less previous partial payments. The final invoice shall reflect the actual cost of work accomplished by the SPONSOR under the terms of this Agreement, and shall be the basis for final payment. No expense for travel shall be an allowable expense for the SPONSOR under this Agreement unless such travel is listed in the approved PROJECT budget submitted by the SPONSOR to the DEPARTMENT. In addition, budgeted costs for travel shall be limited to the amount included in the approved PROJECT budget, unless prior DEPARTMENT approval is obtained for increasing such amount. Should the work under this Agreement be terminated by the DEPARTMENT, pursuant to the provisions of ARTICLE XIV, the SPONSOR shall be paid based upon the percentage of work completed at the" point of termination, notwithstanding any just claims by the SPONSOR. 7 of 13 Off System Safety Project Agreement between GDOT & ARC - 08/24109 ,. " ARTICLE VIII FINAL PAYMENT IT IS FURTHER AGREED that upon completion of the work by the SPONSOR and acceptance by the DEPARTMENT of the work, including the receipt of any final written submission by the SPONSOR and a final statement of costs, the DEPARTMENT shall pay to the SPONSOR a sum equal to one hundred percent (100%) of the total compensation as set forth in all approved invoices, less the total of all previous partial payments, paid or in the process of payment. The SPONSOR agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the DEPARTMENT for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the DEPARTMENT from any and all further claims of whatever nature, whether known or unknown, for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with the same. The SPONSOR will allow examination and verification of costs by the DEPARTMENT's representatives before final payment is made, in accordance with the provisions of Article XII, herein. If the DEPARTMENT'S .examination of the contract cost records, as provided for in Article XII, results in unallowable expenses, the SPONSOR shall immediately be responsible for reimbursing the DEPARTMENT the full amount of such disallowed expenses. ARTICLE IX CONTINGENT INTEREST The DEPARTMENT shall retain a contingent interest in the PROJECT for as long as there continues a Federal interest in the PROJECT as determined by the DEPARTMENT's calculation of the economic life of the PROJECT. Based on the scope of work, as set forth in Exhibit A, WORK PLAN, the DEPARTMENT has determined the economic life of the PROJECT to be five years from the date of the PROJECT Final Acceptance. ARTICLE X RIGHT OF FIRST REFUSAL A determination by the SPONSOR to sell or dispose of the PROJECT shall entitle the DEPARTMENT to the right of first refusal 8 of 13 Off System Safety Project AgreemeDt betweeD GDOT & ARC - 08/24/09 . , to purchase or lease the PROJECT at net liquidation value. Such right of first refusal shall be retained for as long as the DEPARTMENT holds a contingent interest in the PROJECT pursuant to Article IX of this Agreement. Should the DEPARTMENT elect to purchase or lease the PROJECT at any time after completion of the PROJECT no compensation shall be provided for the value added as a result of the PROJECT. ARTICLE XI SUBSTANTIAL CHANGES No material changes in the scope, character, complexity, or duration of the PROJECT from those required under the Agreement shall be allowed without the execution of a Supplemental Agreement between the DEPARTMENT and SPONSOR. Minor changes in the work which do not involve increased compensation, extensions of time, or changes in the goals and objectives of the PROJECT, may be made by written notification of such change by either party with written approval by the other party. ARTICLE XII MAINTENANCB OF CONTRACT COST RECORDS The SPONSOR shall maintain all books. documents, papers, accounting records, and other evidence pertaining to costs incurred on the PROJECT and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the DEPARTMENT and any reviewing agencies, and copies thereof shall be furnished upon request. The SPONSOR agrees that the provisions of this Article shall be included in any Agreement it may make with any subcontractor, assignee, or transferee. An Audit of the Agreement shall be provided by the SPONSOR. The audit shall be conducted by an independent accountant or accounting firm in accordance with audit requirements, 49 CFR 18.26 and OMB Circular 128 or any revision or supplement thereto. PROJECT costs shall be documented wi thin the OHB Circular 128 audit. An audit shall be submitted to the DEPARTMENT in a timely manner in each of the SPONSOR's fiscal years for the period of the Agreement. 90f13 OtTSystem Safety Project Agreement between GDOT & ARC - 08/24/09 " ARTICLE XIII SUBLETTING, ASSIGNMENT, OR TRANSFER It is understood by the parties to this Agreement that the work of the SPONSOR is considered personal by the DEPARTMENT. The SPONSOR agrees not to assign, sublet, or transfer any or all of its interest in this Agreement without prior written approval of the DEPARTMENT. The DEPARTMENT reserves the right to review all subcontracts prepared in connection wi th the Agreement, and the SPONSOR agrees that it shall submit to the DEPARTMENT proposed subcontract documents together with sub-contractor cost estimates for the DEPARTMENT's review and written concurrence in advance of their execution. All subcontracts in the amount of $10,000.00 or more shall include the provisions set forth in this Agreement. ARTICLE XIV TERMINATION The DEPARTMENT reserves the right to terminate this Agreement at any time for just cause, or for any cause upon 30 days written notice to the SPONSOR, notwithstanding any just claims by the SPONSOR for payment of services rendered prior to the date of termination. It is understood by the parties hereto that should the DEPARTMENT terminate this Agreement prior to the completion of an element of work the SPONSOR shall be reimbursed for such work element based upon the percentage of work completed. Failure to meet the time set for completion of an approved work authorization, may be considered just cause for termination of the Agreement. ARTICLB XV OWNERSHIP OF DOCUMENTS The SPONSOR agrees that specifications, survey notes, all reports, drawings, studies, estimates, maps, computations, 10 of 13 Off System Safety Project AgreemeRt between GDOT & ARC - 08/24/09 . . computer diskettes and printouts and other data prepared by of for it under the terms of this Agreement shall remain the property of the SPONSOR upon termination or completion of the work. The DEPARTMENT shall have the right to use the same without restriction or limitation and without additional compensation to the SPONSOR other than that provided for in this Agreement. ARTICLE XVI CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Ful ton County, Georgia, and all questions of interpretation and construction shall be governed by the Laws of the State of Georgia. ARTICLE XVII COMPLIANCE WITH APPLICABLE LAWS A. The undersigned certify 45-10-20 through 45-10-28 Annotated relating to employees and officials complied with in full. that the provisions of Section of the Official Code of Georgia Conflict of Interest and State trading with the State have been B.. IT IS FURTHER AGREED that the SPONSOR shall comply and shall require its subcontractors to comply with the regulations for COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, as amended, and 23 CFR 200, as stated in Exhibit E of this Agreement. C. IT IS FURTHER CERTIFIED that the provisions of Section 50- 24-1 through 50-24-6 of the Official Code of Georgia Annotated relating to the "Drug-Free Workplace Act" have been complied with in full, as stated in Exhibit F of this Agreement. D. The SPONSOR acknowledges and agrees that failure to appropriate certifications or the SUbmission of certification shall result in the termination Agreement pursuant to the provisions of Article XIV. complete a false of this E. IT IS FURTHER AGREED that the SPONSOR shall subcontract a minimum of ten percent (10%) of the total amount of PROJECT funds to Disadvantaged Business Enterprise (DBE) as defined 11oft3 Off System Safety Project Agreement between GDOT & ARC - 08124109 .. and provided for under the Federal Rules and Regulations 49 CFR parts 23 and 26. The SPONSOR shall ensure that DBE firms are certified with the DEPARTMENT's Equal Employment Opportunity Office. The SPONSOR shall submit to the DEPARTMENT for its review and concurrence, a copy of the proposed subcontract including the name of the DBB subcontractor. F. IT IS FURTHER AGREED that the SPONSOR shall comply and shall require its subcontractors to comply with all applicable requirements of the American with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et.seq. and 49 U.S.C. 322; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791i and regulations and amendments thereto. G. IT IS FURTHER AGREED that the SPONSOR shall, and shall require its contractors and subcontractors to, comply with all applicable requirements of the Davis-Bacon Act of 1931, 40 U.S.C. 276(a)i as prescribed by 23 U.S.C. 113, for Federal-aid highway projects, except roadways classified as local roads or rural minor collectors. H. IT IS FURTHER AGREED that the SPONSOR shall, and shall require its contractors and subcontractors to, comply with GA Code Title 25, Section 9, "Georgia Utility Facility Protection Act", CALL BEFORE YOU DIG 1-800-282-7411. The covenants herein contained shall, except as provided, accrue to the benefit of and be binding successors and assigns of the parties hereto. otherwise upon the 12oft3 Off System Safety Project Agreement between GDOT & ARC - 08124/09 . . and affixed their seals the day IN WITNESS WHEREOF, said parties have hereunto set their hands Recommended: Dist~ &c ~ Recommended: Direc~ NIA Chief Engineer Department of Transportation By' ~c. ~(Seall Commissioner REVIEW AS TO LEGAL FORM: N/A OFFICE OF LEGAL SERVICES and year above firs~~written. ~~4.~~~~_.~. ~-~ ~ ~~: ... \ .~~ ~ Augusta-R}~~Pd.'~O~.~~t.~ Georgia · f;/'/',('-'~>'~ \. \~~:\ /' (') -10!J' ... . - . ~ Y S 1 ) By: L>'-~Vl' ';~:".!.: .....,.... !:..' ea Ma~~/1=h.':thi:a.rt-- .~. ill "". ..;-. ....~ 1 "" i''''' " ~ T\ "II' 1ol",:Ji ~~ II:j)~I_:J~,o.u.:..a ,., .. ,~ .... ~~... '~-'o...~.,..... 'IiC."i.' ..~t!.. ::'\r>'\' ... ~~~'t..,,,~'2.'" Signe~ed an This y of 2009/ in the prese w~s ~d/.L Nota Publ ic GayneR s. Bonner Notary PubDc, Richmond County, Georgia My CommJsalon ExpIres on t)3..11-2012 This Agreement. approved by Augusta-Richmond County, the (l4m~y ,Of W. 2009. ,:0' " ~~ 5<6 - :Jf)..O! 21cJ Federal Employer Identification Number: 13oft3 OfT System Safety Project Agreemeot between GDOT & ARC - 08124/09 t' FHWA.1213 ~ ...Ion -1'lII...n to. l\l9ol REQUIRED CONTRACT PROVISIONS FEDERAL.AlD CONSTRUCnON CONTRACTS l. General ......._._..... .................. ........................... ................. .... .......... ..._............. ...... ......... ....._.......... ... ........ __.... _..........m__....... II. Nondiscrimination .. ............ .... .__. ................ ...... ............... ....... .......... ....._....._._. ._.'........... ................ ............. .... ...... .............. ..... III. Nonsegregated Facilities... .......... .............. ........ ............. .......... ........ ......... ....... ........... ....... ........... ....... ...... ............ ................. IV_ Payment of Predetemlined Minimum Wage....... ........... ....................... ...... .................. .......... ...................._...__...... .................. V. Slalements and Payrolls ................. ............................. ..... .................. ......___ ___m._....... ........ ........ .......... .................. ................ VI. Record of Materials, Supplies, and Labor ........... .......... ...................... ......................... ................ ............................ ..... ........... VII. Subletting or Assigning the Contract. _...__m________.m.... ..... ...................................__._..__.. _.......... ................................_........ ........ VIII. Safety: Accidenl Prevention ..................... ................. .... ........... ..... .............. ........... ...._. .............. ...... ... ..... ................. .... .......... IX. False Statementa Concerning Highway Proj.cts.............. ....._. ......... ........ ........................................ _._..,__...................__ ........... X, Implementation of Clean Air Ad artd Fecleral Water Pollution Control Ad......................................m._................__.._................ XI. Cetlification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ............................................................ XII. CertifICation Regarding Use of Contract Funds for Lobbying .................................................................................................... ATTACHMENTS Page A. EmplOyment Preference for Appalachian Contracts (induded In Appalachian contracts only) I. GENERAL 1. These centract provisions shall apply to all work performed on the conlract by the contnldor's own organization and with the assistanoe of workers under the amtractor's inmediate superintendence and 10 all work performed on the contract by piecework, station W<lrt, or by suboonlract. 2. Except as otherwise provided for in each section, the contractor shall insert tn each subconlnlCl all of the stipulations contained in these Required Contract Provisions, and further requira their inclusion in any loW8r lier subContract 01 purchase order that may in turn be made. The Required Conlrad Provisions shall not be inool'PClnlted by refelence in any case. The prime contractor sludl be rnponaible for compliance by any subcontractor or loWer ller subcontractor with ttsese Required Contract Provisions. 3. A breach of any of lhe stipulations contained In these- Required Contrad Provisions shaD be sufficient grounds for !e,,"inalion of the contrad. 4. A breach of the following clauses of the RequIred Contract Provisions may also be grounds for debannent as provided In 29 CFR 5.12: Section I. paragraph 2; Section IV, palllgraphl t, 2. 3, 4, and 7; Section V. paragraphs 1 and 28 through 29. 5_ Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Sedlon V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be relOlIIed In accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL. or the contractor's employees or their representatives. 6. Selection of labor: During the performance of this contract. the contractor shall not a. diac:rlminale againstlabar from any other Slate. ponession, or territory of the United States (except for employment preference for Appalachian contracts. when applicable. as specified in Attachment A), or b. employ convict labor for any purpose within the Imits of the project unless it is labor perfonned by convicts who ant on parole, supervised release, or probBtlon. II. NONDISCRIMINATION (Applicable 10 all Federal-aid construction contracts and to all related subcontracts of 51 0.000 or more.) ,. EqWll Employment Opportunity: Equal employment opportunity (EEO) reqUirements not to discri-ninale and to take aflInnatiw action to assure eqtlal opportunity as set forll1 under laws, execuM orders, rules, l'89ulallons (21 CFR 35,29 CFR 1630 and 41 CFR 60) and orders of the SeCn!lt8ry of Labor as modified by the provisions prescribed herein, and imposed pursuanl to 23 U.S.C. t40 shall constitute the EEO and specific affirmative action standardS for the contr.ctol'. project activities under this contract. The Equal Opportunity Construction Contract Specifications let folth under 41 CFR 60-4.3 and the provlllo", of the American DisabilitiBI Ad. of 1990 (42 U.S.C. 12101 MHA.) setforth LlI'lder 28 eFR 35 and 29 CFR 1630 are lncorporaled by reference in this contract. In the exec:utlon of Chis contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: !B-1 AED-Off System .' I' iI. The contractor will wof1I with the State highway agency (SHA) and the Federal Government in carrying out EEO obligationl and in their review of his/her adiYitie. under the centrad. b. The contractor wi" accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race. religion, sex, color, national origin, age or disability. Such action Ihall include: employment, upgrading, demotion, Of tranSfer; recruitment or recruilment advertising; layoff or termination; rates of pay 01 gther forms of compensation; and selection for training, induding apprenticeship, preappl8ntlceshlp, and/or on-the--job training.- 2. EEO OffIcer: The conlractor will designale and make knewn to the SHA oontractlng officers an eEO Offk:er who will have the responlibiUty for and mu.1 be capable of effectively administering and promoting an active conttaclor program of EEO and who must be assigned adequate autllority and responsibility to do 10. 3. Dl..eminatlon of Polley: AR members of lh. conlm:lar's staff who are authorized to hire, lupel\tlse, promote, and discharge employees, or who recommend sucll lldJon. or who al8 substantially involved in sudI action, wilt be made fully cognizant of. and will implement, the contractor's EEO policy and contradual respon,ibilities to provide EEO in each grade and c1a..lticalion of employment. To ensure that the above agreement will be met, Ihe following actions will be laken as a minimum: 8. PeriOdic meetlngs of supervllOty and personnel office employees will be conducted before the start of work and then not less often than once every six montl'ls. at which time the contrado,.s EEO policy and ita implementation will be reviewed and explained. The meelings will be conduded by the EEO Officer. b. All new suplIJVisory or personnel office employees will be given a thorough indoctrination by the EEO OffIcer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged In direct recruitment for the projed will be Instructed by the eEO OffIcer in the contrador's procedures for locating and hiring minority group employees. d. NolIees and posters setting forth the contractol's EEO policy will be placed ill anlas readily 8CCeSsible to employees, appllcanlS for employment and potential employees. e. The contractots EEO policy and the procedures to inplement such policy will be brought to the attention of employees by means of meellngs, employee handbooks, or other appropriate means. 4. RKrultment: When advertising for employees, the contractor WIll include in all advertisements for employees the notation: -An Equal Opportunity Employer,. AU such advertisemems will be placed in publications hailing a large ciraJlatlon among minority groups in the area from which the project work force would nonnally be de~. a. The contractor will. unless precluded by a valid bargaining agre8ltHlnt. conduct systematic; and direct recruitment through public and private employee referral sources likely to yitald qualified minority group applicants. To meet Ihis requiremef1~ the contl'llCtor will identify sources of potential minority group employees, and establah with such Identified sources procedures wnereb)/ minority group IIpplicanls may be referred to the conlrador for employment considerstion. b, In the e'l'8nt the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that Ihe system pennits the conlractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements hlMJ Ihe effect of discriminating against minorities or women, or obligates lhe conlractOf to do the same, such inplementalion violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Infonnatioo and procedures with regard to referring minority group applicants wUl be discussed wittl employees. 5. P...-onnel Actlom: Wages, working conditions, and employee benefita shaH be establi$hed and administered. and personnel actions of every Iype, includinlllllring, upgrlding, promotion. transfer, demotion, layoff, and tenninlltion. ahall be taken wthout regard to race. color, religion, sex, national origin, age or disability. Th. fonawing procedures shall be followed: a. The contractor will conduct peflodic inspectIons of proJed sites to insure Ihat working conditions and employee fa,cilities do not indicate discriminatory Irealment of project site personnel. b. The contractor will periodically evaluate the spread of wag.. paid within each classification 10 determine any evidence of discriminatory wage practices. c. The contractor wi. periodically review ,elected persOflnel actions in depth to determine whether there is evidence of discrimination, Where evidence is found, the contractor will promptly take COI1'8ctive Betian. If the rBView Indicates that the discrmil'lation may extend beyond the actions reviewed. sLaCh corrective lIdion shalllndude all affected persons_ d. The contradof will promptly Investigate an complaints of alleged discrimination made to the contractor In conneGtion with his obligations under this contract. wAl atternptto resolve such complaints. and will take appropri.te corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persems other than the complainant, such corrective action shal include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenue, of appeal. 6. Training and Promotion: lB-2 AED-Off System I' a. The contractor will BI5i$t in locating, qualifying. and Increasing tile skUIa of minority group and women employees, and applicants for employment. b. eonslstenl with lhe centractol's work force requirements and as permissible under Fedetlll and Stale regulations, the contractor Shall make full use of training programs, i.... apPrenticeship. and on-the-job training programs for the geographical area of contract performance. Wllere feasible. 25 percent of apprentices or trainee. in elch occupation shall be in their first yeat' of apprenticeship or training. In the ."ent a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in lhlt special provision. c. The contractor win advise employees and applicants for employment of available training programs and ent"nee requirements for each. d. The contractor wi. periodically review the trail\ing and promotion polential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in Whole or in part upon unions as a source of employees, the contfactor will use hislher best effoM to obtain the cooperation of sucll unions to illCnlase opportunities for minority groups and women within tt!e unions, and to effect refenls by such unions of minority and remale employee8. Actions by the contractor either directly or throogh a contractor's association acting as agent will include the prOCl8dures set forth below: a. The contractorwiU U$e best efforts 10 develop. in cooperlltion with the unions. joint training prosjrams ained towara qualirying mo", minority group members and women for membership in the unions and increasing the skills of minority group employees and women so Ihat Ihey mlY qualify for higher payin; employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreemenllo the end that such union will be conlractually bound to refer applican" wiIt10ut regara to their race, color, religion, sex, national origin, age or di..bllity. c. The contractor as to oblain information as to lhe referral practices and policies of the labor union except that to the extent slM:l1 inform.llon is within the exclusive possession of the labor unlcn and such labor union refuaea to tumlll" 'such Information to the contractvr, lhe contractor shall 10 certify to lt1e SHA and shall set fOfth what efforts have been made to obtain sucI1 infonnlllion. It. In Ihe event the union is unable 10 provide the contractor With a reasonable low of minority and women referrals within the time limit sel forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts. fiU the employment vacancies without regard to race, COlor. religion, sex, national origin, age or disability; mailing full efforts to Obtain quaUfled and/or qualifiable minority group persons and women. (Ttle DOL has held that it shall be no excuse that lhe union with which the COntnlctor has a collective bargaining agreement providing for exclusive refetnll failecl to refer minority employees.) In the event the union referral practice pnwents tne contractor from meeting the obligations pursullnt to Executive Order 11246. as amended, and ltlese special proviskllls, such contractor shall immediately notify the SHA. 8. Seltct10n of Subcontnlcto.... Procurement of Mat.lrials llnd Lea.1ng 01 equipment: The contractor shllll not dilCl'i'nlna" on the grounds of race. color, religion. sex, national origin, age or disability In tile seledian and retention of subcontractors. Including procul'8mttnt of materials .nlt leases of equipment. a. The contractor shill notify 1111 potential subcontractcrs anct suppliers of hisJher EEO Obligations under this contract. b. Disadvantaged businesa enterprises (DBE), III defined In 49 CfR 23. shall have equal Of)portunity to compete for and perform subcontracts which ltle contractor enters no pursuant 10 this contnlct. The contractor will use his best efforts to sola bids from and to utilize DBE subconlradors or subcontlKtOrS witl'l meaningful minority group and' female rep....ntation among their employees. Contractors shall obtain 11111 of OBE corlStruction firms fran SHA personnel. C. The contractor win use his best effort'll 10 ensure subcontractor compllllllce with therr EEO obligations. 9. RICO.....nd Reports: The contractor sllal keep such recordS as necessary to document compliance with the EEO requirements. Such reccrda shall be retained for a period of tIlree years folloWIng completion of the contract work and stIall be available at reasonable times and places for inspection by al.lthorized l'8presentatlves of the SHA and the FHWA. a. The records kept by lhe contractor shall document the following; (1) The number of minority and non-minority group members and women employed In each work c1usific:ation on the project; (2) The progress and efforts being mlde in cooperaDon with unions, when appllceble, 10 increase employment oppol1unities for minorities and warnen; and (3) The progress and eft'ol1ll being made in Ioc:aling, hiring, training, qualifying. and upgrading mInority and female employee8; (4) The progress and efforts being made in securing the setYices of DBE subcontractors or 8ubcontractors with meaningful minority and female ntpresentalion among their employee,. b. The contractors will submit In annual report to lhe SHA eact! July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engagec:lln each wall< c1assific8tion required by lhe contrad work. This information is 10 be reported on Fonn FHWA-1391. If on-the-job training is being required by spec;ial provision, the conlrllCtor will be required to cellect Ind report training data. lB-3 AED-Off System III. NONSEGREGATED FACIUTlES (Applicable 10 all Federal-aid construction conlracts and to all related subcontracts of $10,000 or more.) a. By submisaion of this bid, the exe<:utlon of this contract or subcontract, or tl'l8 consummation of this material supply agreement or purctl... order. lIS appropriate. the bidder, Federal-aid construction contractor. subc:ontradcr. materl81 suppjier, or vendor, u appropriate. certifies lhat the Inn dces not maintain or provide for Ita employees any segregated flCiltiN at any of Ita establishments. anO lhat the firm does not permit its employees to perfonn their services at any location, under its contro~ where segregated facilities are maintained. The firm agrees that a breach of this certification. a violation of lhe EEO provisions of this contract. The finn further celtifles that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the tenn -segregated facilities- means any wailing rooms, work areu, restrooma and WlIshrooms, restaurants and other eating areas, t.lrnedocks, Iodter roams. and other slorage or dresaing areas, pa~ing 1oIs. drinking fountaIns, rec:reation or entertainment areas, transportation. and housing facilities provided for employees which are segregated by expllc:lt diracllve. or are, in fact, segregated on the basis of race. color. religion, national origin, age or disability, because of habit, local clIStom, or otMrwise. The only elCception wHl be for thadiaabled when the clem.".. ror accessibility override (e.g. disabled !*king). c. The contractor agrees that it baa obtained or will obtain identical cerliftc::ation 1rcm proposed subcontractors or material suppliers prior to award of subcontracts or consummation of materlalsupp/y agntements of 510,000 or more and that it will retain such certific8tiol18 in ill filet. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to an Federal-aid construc:tiorl contracts exceeding 52.000 and to aU related subcontracts, except for ptojects Jocated on roadways clas8ified as local roads or rural minor collectotS, whicll are exempt.) 1. Gene,.I: II. All mechanics and laborers employed or working upon the lite of the wortl will be paid unconditionally and not less oftetl than once a week and without subsequent deducticm or rebate on any accovnt [ex<lepl such payrcll deductions 88 are permitted by regUlations (29 CFR 3) issued by the Secrelaryof labor under the Copeland Act (40 V.S.C. 276c)J the fuH amounts of wages and bona lIde frlnOt beneflb (or cash equivalents thereof) due at time of payment. TIle payment shaR be computed at wage rates not less Ihan those contained in tM wage determimllion of the S8Ct8tary of Labor (hereinafter "the wage determination'') which is attached hereto and made a part hereof, regardless of any contl1ll:tual relationship which may be alleged to exist betw8en the contractOf or its SUl)conlf~ and such laborers and mechanics. The wage determination (Including any additional classifications and wage raleS conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by tha contractor and its subcontllllctol8 at the sile of the work in a prominent and acceasible plac:e where It can be easily ...n by the workers. For the purpose of this Sodion, contributions made or cosls reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to suctllaborers or mechanics, subject to tile proVisions of Section IV, paragraph 3b. hereof. Also, for the purpose of this Section. l'e9ular contributions made or costs incurred for more than a weekly petlod (but not less often than quarterly) under plans, funds, or programs, which cover the particular weeJdy period, are deemed to be constluc:tMtIy made 01 incurred duriOflll,leh weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefila on the wage delennination for the c:laalffication of WOItc actually performed. without regard tl;I skll~ except aa provided In p8f89raphs 4 and 5 of this Seclion IV. b. Laborers or mechllnics performing won: in more than one classlflcatlon may be compensated at the rate speCified for eadl clauification for the tme actually wor1ced therein, provided, that the employer's payroll recorda aecuretely let fonh the tiTle spent in each classification in which work Is perfonned. c. All rUlings and Interpretations of the Davis-Bacon Act and related acbI contained in 29 CFR 1, 3, and 5 are herein incorporated I)y ref.rence in tnls contract. 2. Cluslflcatlon: a. The SHA contracting ofI'icer shall require that any cla$s of laborers or mecl'lanics employed under Ihe contract. which is not Jilted In the wage detennlnation, shall be classifleclln confonnance with the wage detennination. b. TIle contracting olllc:er shall approve an additional classifICation, wage rate and fringe benefits only when the following criteria have been met: (1) ttle work to be performed by the additional c1asslficatlon requeated is nol performed by a dassificalion In the wage delenninlltlon: (2) Iha additional classification is utiliZed In the area by the construction indu8try; (3) the proposed wage rate, including an)' bona fide fringe benefits, beers a reasonable relationship to the wage rates contained in the wage detennination; and (4) with respect to ltelpers, when such a classifICation prevails ill the area in which the wortt Is performed. C. If the contractor or subcontractors. as apprgprlate. the laborers and mechanics (if known) to be employed in the additiOll8I classification or their representatives, and the c:ontracting officer agree on the classification and wege rata (including the amoont designated lB-4 AED-Off Svstem ,f r ~. for fringe benefils where appropriate). a report of ttle action laken shall be sent by the contracting oIIicer to the DOL, Administrator of the Wage and Hour Division, Employmenl StandardS AdmInistration, Washington, D.C. 20210. Tile Wage and Hour Administrator, or an authorized representative, will approve, modify. or dlaapprove every additional classification action within 30 dlYS of receipl and so advise Ihe contracting officer or will notify tile contracting officer within the 3O-day periOd that additiorlaJ line is necessary. d, In the evenl the contractor or subcontractors. BI appropriale, the labo..,.' or mechanics to be employed in the additional c1asslflc:ation or their representatives, and the contrading officer do not agree on the proposed clasaificatlon and wage no (including the amount designated for fringe benefits. where appropriate), the COntnlctin9 otflc:er snlN r.r the questions. including the views of all inleresled partiesllt1d lIIe I8COmmendatiOn of the contracting officer. to Ihe Wage and Hour Administrator for tletermination. Said Adminis- tralor, or an authorized representative. will Issue a detannination within 30 days of receipt and so advise the conltaetlng officer or will rtOtlfy IIIe contracting ofricer within the 3O-day period that additional lime Is neceSS8fy e. The wage I'8te (including fringe benefits where appropriate) delermfnecl pursuant to paragraph 2c or 2e1 of this Section rtJ shall be paid to all workers performing work in the addllJonal c1aasifieatlon from the fif$t day on which work ia performed in the classification. 3. Pa~.nt of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a c1asa of laborers or mechaniCS inc;ludes I fringe benefit which is not expressed IS an hourly rate, the contractor or lubconlnlctors, as appropriate, shall either pay tile benefit as stilled in the wage determination or shall pay another bona fide fringe benelll or an houlfy case equivalent thereof. b. If the contractor or subcontractor, as approprta... does not make payments to .!rUstee or other third pel'Son, hellhe may consider as II palt of the wage. of any laborer or mechanic the amount of any costs raasonably anticipated in providing bona fide fringe ben.fIls under a plan or program, provided. that the Secretary of Labor has found, upon lhe written request of the contractor. that the applicable standards of the Davia-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account 8S" for the meeting of obligations under the plan or program. 4. Apprentlc.. and Trainees (Programs of the U.s. DOL) and H"pers: a. Apprentices: (1) Apprentices will be pennlltecl to WOIk at less than Ihe predetermined rate for the work they perfonned when they 818 employed pursuant to and individually registered In a bona fide apprenllceship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if II person Is employed in hlslher first 90 days of probationary employment .. an apprentic& In such an appl'8nllc8shlp progflllTl. who is l10t Individually legistered in the program, but who tta. been certified by the Bureau of Apprenticeship and Training or a State IPPlenticnhip agency (where appropriate) to be eligible for probationary employment IS an apprentice. (2) The allowab.. ratio of apprentices to journeyman-levelllmployees on the jOb .ie in any craft classification sha. not be greater lnan the ratio permitted to the contractor as to the entire wgl1l. force under the registered program. AI'fY employee listed on a payroll at all apprentice wage rate, who is not registered or otherwise employed as slated above. shall be paid not leu than Ihe appUcable wage I'8te lilted in ttte wage determination for the c1auiticatlon of work actuaRy performed. In addition, any apprentice performing work on the job lite in excess of the T8tiO permitted under !he registered program shan be paid not Iesa than the appllc:able wage T8te on the wage determi- nation for the work actually peIformed. Where a conlnlctor or subcontrador is pedorming construction on a project In a locality other Illan that in which ita program is registered, the ratios and wage ralH (expressed in percentages of the joumeymall-le';el hOlfr1y rate) specified In the contrado(s or IMlbconlractor's fe9lstered program .han be observed. (3) Every apprentice must be pald at not less than !he rate specified In the registered program for the apprentice's level of progresl, expressed as a percentage of the journeyman-level hourly IBte specified in the applicable wage determination. Apprentlcel shall be paid fringe benelb In aCCOldance with the provisions of the apprenticeship program, If the apprenticesnlp program does not speclff fringe benefits, apprerrtices must be paid tile full amount of fringe benefits listed on the wage determination for the applicable claasification. If the Adminlslra10r for lIle Wage .nd Hour Division determines that a diffemnt practice pcevail$ for tile applicable appmntice classification, fringn shan be paid In lIClCOrdance with that determln8llon. (-4) in the event tile Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subexlntfactor will no longer be permitted to utilize apprentices at less than Itle appUC8bfe pl'8detennined rate for the complll'8ble wor1c performed by regular employee. until an acceptable progf8m Is approwd. b. Trainees: (1) Except al provided in 29 CFR 5.16. trainees will not be permitted to work at .... than the predetelmined rate for the 'MlIII pelfonned unless Ihey ant employed pursuent to and lnd'lVicIually registered in a program which has received prior approval, evidenced by formal certifICation by the DOL. Employment and Training Administration. (2) The ratio of tl'8ineea to JoumeymarMevel employees on the Job site shalf not be gruter than permitted uncler the plan approved by the Employment and Training AdmJnistlatio... Any employee listed on the payroll at a trainee rate who is not regilleAld and par1iclpating in a training plan approved by the Employment and Training Administration shall be paid not less than the .pplicable wage rate on the M1ge detemlination for the c1asaific:ation of work adually performed. In addition, any trainee performing work on the jot) site in excess of the ratio permitted under the I'lI9lstered program shall be paid not less than ltIe applicable wage 1'818 on the wage determination for lIIe worK actually perfOlmed. (3) Every trainee mutt be paid at not less than Ihe rate specified in the apPrOVed program for hisJher level of progress, expressed as a percentage of the journeyman-level hOUrly rate specifiec:J in the applicable wage determination. Trainees shall be paid IB-5 A ED-Off Sv~tp.m fringe benerds in accordance with the provisions of the tnIinee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unlesa the Administrator of the Wage and How Division determines that lt1ere is an apprentic:estllp progl1llTl .ss0ci8ted with the corresponding joumeyman-Ievel wage rate on the wage determination which provlde8 for less than full fringe benefits for apprentices. in which case such trainees shall receive the same fringe berlelb as apprentices. (4) In lhe event the Employment and Training Administration withdraws approval of a training program, the contractor Of subcontractor will no longer be permitted 10 utilize trainee. at less than the applicable predetermined rate for the work performed untll an acceptable program is aPP!'OVed. c. Helpers: Helpers will be pemlitted to work on a project if the helper daasiflcatlon Is specified and defined on the applicable wage determination or Is approved pursuant to the conformance procedure set forth in Section IV. 2. Arri worker listed on a payroll at a helper wage file, who is not a helper under an approved definition. shall be paid not less than the applicable wage rate on the wage determination for ltIe classificatjon of work actually performed. 5. IIppr.ntlc.. and Train... (programs of the U.S. DOn: Apprentices Ind tramees worklng under apprenticeship and skill training programs which have been c:ertified by the Sec:retBry of Transpottation as promoting EEO in connedion with FederaHiid higllway caoslruction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rat.. folapprentlces and trainees under such programs will be ntablished by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms d the particular program. 6. Withholding: Th, SHA shall upon its own actlon or upon 'Mitten request of an authorized representative of the DOL withhold. or cau.. to be withheld, from the contractor or.ubcantraclor under this contract or any other Federal contract with the same prime contractor. or any other Federally-assisted contract subject to Davis-8acOf'l pntVaillng wage requirements which Is held by the sama pri'ne contractor. as much of the ac:c:rued payments or advances as may be considered necessary to pay laborers and mechanics. induding apprentices, trainees, and helpelS, employed by the contractor or any swbcontrador the full amount of wages required by the contract. In the evel'Tt of failure to pay any laborer or mecl'laniC, including any apprentice, trainee. or helper, emptoyecl or working on the site of the WOftc, all or part of the wages required by the contract. the SHA coAlracting ofIIcer may, aler written notice to the canlraclor. take such action as may be necessary to cause the suspension of any further payment. adVllnce. or guarantee of funds until such violation. have ceased. 7. OVertime Requlremem.: No contractor or subc:ontrador contracting foI any part of the contract work whidl may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 abovs) shall require or permit any l8b0t8r. mechanic. watchman. or guard in any workWHk In whlctl he/she is employed on such work. to work in excen of 40 hours in such workweek unless such labo"". med1aniC, watchman. or guard /9C81Yes compensation at a rate not In. than one-end- one-haff lime. hislher basic rate of pay for all hours worked in excesa of ..0 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidllted DMIages: In the event of any violation of the dause set forlft In paragraph 7 above, the contractorlnd any subcontrador responsible thereof shall be liable to the lIffected employee for hlsnler unpaid wage.. In addition, such contractor and subcontractor shaU be liable to the United Slates (in the case of work done under confract for the District of Columbia or a lerritory. to such Oistrid or to such territory) for liqUidated dameges. Such liquidated damages shall be computed with respect to each individuall8borer. mechanic. walchman, or guald employed in violation of the cia... set forth in paragraph 7, In the SIITI of $10 for each calendar day on which suctl employee was AKIuired or pelITlltted 10 work in excess of the standard wortc. week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpilld WagM and Liquidated Dlmagn: The SHA shall upon its own action or upon written request of any authorized n:presentative of the DOl withhold. or cause to be withheld, from any monies payable on account of work perfonned by the conClllc:tor or subcontractor under any such contnllct or any other Federal contract with the same prime contractor, or any other Federally.....tect contract subject to the Contract Work Hours and Safety StandaAlI Ad. which Is held by the same prime contrac:toi. such sums as mil)' be determined to be nec:esnry to satisfy any liabilities of such contractor or subconlnlctor rot unpaid wages and liquidated damages as provided in the ~I.u.e set forth in paragraph 8 Ibove. V. STATEMENTS AND PAYROlLS (Applicable to all Federal-aicl construction contracts exceeding $2,000 and to all related subc:ontracts. except for projects located on roadwaY' classified as local roads or rural collectors. whidl are exempt.) 1. Compliance with Copeland Regulatioas 129 CFR 3J: The conlractor shaJJ c:omply with the Copeland Regulations of the Secretary of Labor which are herein inco/POrated by rererence. 2. Payrolls and Payroll Records: lB-6 A en t"\W(l.~..__ a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of tile work and preseNed for 8 period of 3 years from ltle date of completion of the contract for aI/laborers. mechanics, a~rentlces, trainees, watchmen, helpers, and guards WOI1c;ing at !hI site of the work. b. The payroll records shall comain the name, social security number, and address of each such employee; his or her COtI'ect classification; hourly rate. of wages paid (including rates of eantributions or cosls anticipated for bona fide fringe beneftts or cash equivalent Ihereof the types described in Section 1(b)(2)(B) of the Davts Baean Act); daily and weekly number of hours WOfked; deducllons mBd.; and aclual wll9e5 paid. In addition, for Appllachian contracts. Ihe payroll I'KOfds shall contain a notation indicating whether the employee does. or does not, nannally reside in the labOt area as defined in Attachmenl A. paragraph 1. Whenever tile Secretary of Labor, pursuant 10 Sedion IV. INlraoraph 3b. has found that the wages of any laborer or mechanic include the Bmount of any costs reasonably anticipated In prO\lidil1il benefita under a plan or program described in Sedlon 1(b)(2){B) of the DaviI Bacon Act, the conlrador ilnd each subcon....dor shall maintain recotds which show that the a:mmitmerlt to provide such benetlts Is lmforceable, It!at the plan or program is financially responsible, that the pia" or program has been communicated in writing to the laborers or mechaniC8 affected, and show the cost anlicipal8d or the actual cost incurred in providing benefits. Contrac:tors or subcontractors employing apprent~ or trainee. under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ralios and wage rates prQCribed in the applicable programs. c. Eaen contractor and subcontractor shall fumish. e8Cll week in Which any contrac:t work is perfofmed, to the SHA resident engineer a payroll of wages peid each of its employees (Induclil'lg apprentices, trainees, and helpers, described in Sec:tIon lV, paragraphs 4 and 5, and watchmen and guards 8"1P9ed on work during the preo8dlng weekly payroJl perlocl). The payroll submitted shall set out 8CCUl'8tely and completely all of the inrormation reqund to be mainwined under paragraph 2b of this Section V. This infDnnation may be submitted in any form desired. Opllonal Form WH.347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. Ttle prime contrac:tor is responsible for Itle submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by II "Statement of Compliance," signed by the contractor or subcontractor or hislher agent who pays or supervises the payment of the persons employed under !he eantract and $hall certify the following: (1) that the payroll for tns payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such Information Is correct and complete; (2) that such laborer or mect!anic (including each helper, apprentice. and trainee) employed on the contract during the INIYfOII period has been lNIid the full 'NBItk1y wages earned, without rebate, either d[rectly or indirectly, and that no deductions have been made eittler dil'ltC1ly or indirectly from the full wages earned, othel'than permissible deductions as set forth in the Regulations. 29 CFR 3; (3) that each laborer or mechanic has been lNIid not leu that the applicable wage tale and fringe benefits or cash equivalent for the classification of wortted perfonned, as speci1iecl in the applicable wage detetmlnation inc:orporatlld into Itle contract. e. The weekly submission of a properly executed certific:aticn set forth on the ntII8fSe ,ide of Optional Fonn WH-347 shall salisfy the requirement for submission of t1\e .Statement of Compliance" required bV paragraph 2d of this Section V. f. The falsificatlon of any of lI1e above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 23' . g. The contractor or subcontractor Shall make the reeards required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized represent.,ives of the SHA, the FtNJA. or Ihe DOl, and sl'lall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit lhe required records or 10 m" them available. the SHA, the FHWA, the DOL, or alllMY, aft8rwritten notice to the contractor, sponsor, applicant, or owner, take such adlons as may be necessary 10 cause the auspenlion of any further payment. advallce, or guarantee of furlds. Furthermore. failure 10 subm11he required reQOrds upon request Dr to make such records lMIilable may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On a/l Federal-aid contracts on the National Highway System, except those which provide solely for the Instalatlon of protecllve devices at raiJroad grBde crossings, those which are eanstructed on a folW account or direct labor hilsis, highway beautification contracts, and contracts for which the total final conslrLlCtion cost ror roadway and bridge Is less than $1,000.000 (23 CFR 635) the contractor shall: a. Become famililll' with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Conslruction Involving Federal Funds." prior to the commencement of work under this contract. b_ Maint.in. record of the total cost of all malerlals and supplies purchased fOf' and inearporaled in the work. and also of !he qU8nlities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Fumish, upon the completlon of the contract, to the SHA resident engineer on Form FHWA-47logether with the dati requirBd in paragraph 1 b relative to materials and supplies, a final labor summary of a~ contrad work indicating lhe total hours worked and the lotll amount earned_ 2. At Ihe prime contractor's option, either a single report covering all contract work or sepatate 1lIJ)0rts for the contractor and for eElCh subcontract shell be submitted. . VII. SUBLETTING OR ASSIGNING TIfE CONTRACT IB-7 A J;'0-()"'c;1""....~ 1. The contractor shall perronn wih ill own organization contract wock amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of ttwt total original conlract price, exclUding any speQally items designated by the State. Specially items may be perfonned by subconlr8d and the amount of any such specially item. performed may be deducted from the total original contract price before COI'nJtuting the amOl.lnt of work required 10 be performed by ttte contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only wonters employed and paid direetly by the prime contractor and equipment owned or rented by the prime contractor, with or wlUlout operators. Such tean does not inc:lude employees or equipment of a subcontractor. assignee, or agent of the prime contractor. b. "Spedally Iterm!" shall be construed to be limited to work that requires highly specialized knowledge, abilities. or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as II whole and in general are to be limited to minor components of the overall contracl 2. The contnlct amount upon which the requirements set forth in paragrap/'l1 of Section VII is computed includes the cost of material and manufactured products wnich are to be purcl1asect or produced by the contractor under the contract pJO'lisions. 3. The contractor shall fumish (a) a competent superintendent or supeMlOr who is employed by the Iirm. has full authority to direct perfonnance of the wolk In accordance with Ihe contract requiremem., and Is in charge of al construdlon operations (regardless of who performs tile work) and (b) such other of its own organizlllonal resources (supervision, management, and engineering 5eNlces) as the SHA contracting offlc:er determines is necessary to assure the performanc:e of the conb'act. 4. No portion of the contract ahal be sublet, assigned or otherwise disposed of except with the written consent of !he SHA contnlcting o1&8r, or authoria:ed represenlative. and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulftllment of Itle contract. Written consent will be given only after the SHA has assured that each subcontract Is evidenced in writing and tI'I.t it contain. all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In Ihe performance of this contract Ihe contractor snail comply with all applicable Federal. Stale, and local laws governing safety, health, and s.nitRo" (23 CFR 635). The contraClor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA conlracling ofliCl8f may determine,. to be reasonably I'IeOItss-.y to protect the life Ind hea,", of employees on the job and the safety of the public and to protect property in connection with the perfonnllllal of the work coveRld by the contract. 2. II is a condition of this contract, and shall be made a condition of aadl subcontract, which the contrac:tor enters into pUrluant to this contract,lhat the contractor and any subcontractor shall not pennit any emplOyee, in perlormance of the contract, to wor1l; In surroundings or under COfIdilions which are unsanitary, hezardoua or dangerous to hislt1er heallt'l or saf8ty. 81 detennlned under constNction sarvty and t'leallt'l standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contrad Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it Is a condition of th. contract Ihal the Secretary of Labor or aulhoriz~ representative thereof, $hall have right of entry 10 any lite of contract perfolTnance to inspect or Investigate the matter of compliance with the constrvctlon safety and health stBndards and to carry out the duties of the Secretary IInder Section 107 of the Contract WOlf( Hours and Safety Standards Ad (40 U.S.C. 333). IX, FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to asaure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliatlUiIy on statements Ind representations made by engineers, contractors, suppliers, ancl workers on Federal-aid highway projects. . is essential that all peraons concerned with the project perform their functiOf'ls .s carefully. thoroughly, and honestly as possible. Willful falsification, distortion, or milsrepresentation with ,"poet to any facts related to the project is . violation of Federal In. To prevent any misunderstanding regarding the ..riousn... of these and similar acts, the foHowing notice shall tie posted on each Federal-aid highway project (23 CFR 635) in one Of more places where it is readily Ivailable 10 all persons concerned with Itte project: NOTIce TO AU. PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "'vWloewtr. being en otricer, agent, or employee of the United St.s, or of any Stete or Tefritory, or whoever. whether a PfQOfl. association, firm, ex COIpOration, knowingly melee. any falSfI stl1tement, falSfl repreSfNltatioll, or false report as 10 the ch8r8c1er, QuBlily, qUlfltity. or cost of the msterlal used or to be USBd, or the quantity or quality of ltJe WCJrl( performed Of 10 be perfotrned, or the cost theRlOf In connectk1n with the sIJbmjB8iotJ of pJamt, maps, specifications. contracts, or costs of corrstruction 011 any highway or relaIed project submitted for BpptOVlll1o the S<<xetary of Transportation; or ~r knowingly make. 8/ly false statement, fa. repr&stmlation. false report or f./se claim with respect to the chal'llCler, quaHty, quantity, or cost of BIt)' worlc' ~mxm.d or to be perforrnfld, or materials furnished or to be furnished, in connecOOn with the construction of any highwsy or related ptrJject ~ by the Sectflta/)' of Tl'IHIspoIfalicn; or MJoever knowingly mllke. any'lIbe statement or false repntsentaOOn as to material fact in any stelement. certificate, or repolt submltttd pursuant 10 provisions of the Fedflral-eid Rosds Act approved July 1, 19 t 6. (39 Stet. 355). as Bmllnded and supplementf1d; ShaH be fined not moAt that S 10, 000 or imprisoned not more than 5 yeBnJ or both. . X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POUUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all relaled subcontracts of $100,000 or more.) IB-8 A EO.Off ~v<ztf"m By submission of lI1is bid or the execution of this contrac:l, or subcontract, as appropriate, the bidder, federahaid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this corltrad. unlesllUCh contract is ellllmpt under the Clean Air Act, aa amended (42 U.S.C. 1857 11 ag" as amended by Pub_L 91-6(4), and under the Fecleral Water Pollution Control Act, as amended (33 U.S.C. 1251 m~, as amended by Pub.L, 92-500), Executive Order 11733, and regulations in implementation thereof (40 CFR 15) is not lisled. on Ihe dale of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant 10 40 CFR 15.20. 2. Thellhe firm agrees to comply and 18mllin in compliance with all the requirements of Sedlon 114 of the Crean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That Ihe firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal ActivIies. EPA, indicating that a facility lhal is or will be utilized for the contract Is under consideration to be listed on the EPA List of Violating Faciflties_ 4. Thallhe firm agrees to Includa or cause to be included the requirements of paragrap1l1 through .. of this Sec:tion X in every nonexempt subc:ontrlCt, and further agrees to take lIIuch action as the govemment may direct as a means of enfolclng such requinlments. XI. CERTlFICATION REGARDING DEBARMENT, SUSPENSlON,lNEUGIBlUlY AND VOLUNTARY EXCLUSION 1. Insbuetlons for Certification. Primary ClMH'ed TI'lInMC:1fons: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposa~ the prospective prima'Y participant is providing the certificatiOn set otIt below. b. The inability of a person to provide the C&ltification .et aut below will not necessarily ...ult In denial of p8fticipation in this covered transaction, The prospective participant ahaII submit an explanation of why It cannot provide lt1e certification set aul below. The certification or explanation wiIf be CDnsidet8d In connection with the depattment or Igency's determination whether to enter into this transaction. Howevet, failure of the prospective primary participant to furnish a certification or an explanation sbal disqualify such a person from participation In thll transaction. c.. The certification In this clause is a material representation of fad upon which reliance was placed when the department or agency determined to enter into this transac:lion. If it II later determined that the prospective primary participant knowingly rendered all elTQnOQus certification, in addition to other remedies available to the Feder.ll Government. the depar1ment or agency may terminate this transaction for cause of default. d. The prospective primery participant shall provide immedlale written notk:e to the deparbnent or agency to whom lI1is proposal Is submitted if any ti'ne the prospective primary participant learns that its celtific:ation was erroneous when submitted or ha. become erroneous by r8880n of changed QlQlmstances. e. The terms "covered transactloll," "debarred," .su_nded,~ "ineligible," "lower tier covered tral'lSadlon," "participanl," "penon: "primary covered transaction,. "princ;lpal," "propoaal," and "volun1arily excluded," as used In this cIauIe, have the meanings set out in the Definition, and Coverage sections of rules implementing Exe<:utive OnMr 12549. You may conlact the department or agency to which tl'1i1 proposal Is submited for assistance in obtaining a copy of these regulatiol18. t. The prospective primary partIcipant agrees by I4lbrnlttlng this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered tl'llll8ac:tlon with a person whD is debarred, SUllpended, declared Ineligible. or voluntarily excluded from participation In this covered Iransactlon, un.... authorized by the department or agency entering into this transaction. g. The prospective primaIY participant fu1lher agrees by submiUing this propoa.1 that it will include Ihe clause titted "Certification Regarding Debarment, Suspen$on, Ineligibility and Voluntary Exduslon-lolNer Tier Covel'tlcl Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered nnslctlol'lS and in aU sollcltationll for lower tier covered transac:lions. h. A participant In a covered transactioll may rely upon a certification of a proapective participant in a lower tier covered tl1lnsaclion that is not debalT8d, suspended, ineligible, or voluntarily excluded from the covered lransaction, un... it knows that the certillcatlon Is erroneous. A participant may decide the method and frequency by wtIich it determines tile eligibility ar Its principals. Each participant may, but Is not required to, check the nonprocuremenc portion of the "UIts of Parties Excluded From Federal Procurement or Nonprocurement Prografl'll" (Nonprocurement Lilt) whictl r. compiled by the Gener.1 Services Adminlstf'lltion. i. Nothing contained in Ihe foregoing shalt be conslrued to require establishment of a system of recotds in order to render in good faith the certification required by ItIls clause. The krKlWledge and infcnnation of participant Is not required 10 exceed t!'lll wnich is nonnany possessed by a prudent person in the Ordinary course of buslne.. dealing.. j. Except for transactions autllorized under pal'8graph f of these instructions, if a participant in a eovered Iransaction knowingly enters into a lower tier co'lered transaction with a pel$on who is suspended. debarred. ineligible, or voluntarilY excluded from palticipatiorJ in Ihi. transaction, in addition to oth8f RII'I1ec1les available to the Federal Govemment, the depaltment or agency may termrnate thislransaction for cause or defaul. *...... IB-9 A En_Off ~vd"'tn Certification Regarding Debannent, S"'pension. Ineligibility and Voluntary Excluelon-Prlmary Covered T,..,..ctlOns 1. The prospective primary paft~nt ceftifiea to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debannent. declared ineligible, or voluntarily excluded from covered transaetions by any Federal department or agency; b. Have not within a 3-y.ar period preceding this proposal been convided of or hd a civil judgement rendered against them for commiuion of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing I public (Federal, State or local) tranaactlon or contract under a public IransadJon; vioiation of Federal or State antitrust .tatutH or commission of embeZZlement, theft. forgery, bribery. falsification Dr destruction of records, making faille statements. or receiving stolen property, C. Are not presently indicted for or othelWise criminally or civilly cnarged by a govemmental entit)/ (Federal. State or local) wIUI commiuton of any of tne offenses enumerated In paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transadlons (Fedetal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant &tIallllttach an explanation to this proposal. 2. Instruc:t1ons for CertiflC:atlon . Lower Tier Covered Tnlnsactlorw: (Applicable to at! subcontraets, purchase orders and other lower tier transactions of $25,000 Dr more . 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is provldirtg lt1e certification set out below. b. The certifi~tion in this clause is a material representation of fact upon which reliance was placed when this lransaction was entered into. If it is later determined tnal the prospective loWer tier participant knowingly rendered an erroneous oertification. in addition to otller remedies !lVailable to tile Federal Government, the department. or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospectNa lower tier participant shall provide immediate written lIotice to the person to whicll this proposal is submitted if at any lime lt1e prospective lower tier participant leams that its certificaticn was erroneous by reason of changed circumstances. d. The terms -COYered transaction," -debarred," "suspended," "ineligible; .prlmary covered transadlon,. "participant," "person,. "principal,. .proposal," and "voluntarily excluded,. as used in lt1is clause. have tt1e meanings II8t out in lt1e Definitiona and Coverage sections of rules iTlplementing Executive Order 12549. You may contact the person to which thia proposal Is submitted for assistance in obtaining a copy of thC1&8 regulations. e. The prospective lower tier participant agrees by submitting this propoaallhat, should the proposed covered transaetion be entered into, it shall not knowingly enter into any lower tier covered transaction with a PEIrson who is debarred. swpended, deClared ineligible. or voluntarily exduded from participation In tt1ia covered transaClion, unless authorized by the department or agency with which this tranHdlon originated. f. The prospedive lower lier participant further agrees by submitting this propoaal that it will Include this clause titled "CertifICation Regarding Debarment, Suspension, Ineligibility and VoJW1taty Exclusion-LOINer TIer Covered Tl1lnsaction: without modlflcation, in all lower lier covered transactlone and in all solic:ilatlons for lower tier covered transadlons. g. A partic:ipant in a covered tranaac:tlon may Iely upon a oertification of I prospective participant in a lower tier covered lransaction that is not debarred, suspended, inefigible. or voluntarily excluded from the covered transaction, unless it knows that !he certification is erroneous. A participant may deade the method and frequency by wtlich it determines the eligibility of its prirtcipalll. Each participant may. but is not required to, chec:k the Nonprocurernent List h. Nothing contained in the foregoing shall be conslrued to require establishment of a system of recon:I8 In order to render in good faith the certification required by this clause, The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent perscn in the ordinary course of business dealings. i. Except for transactions authoriZed under paragraph e of these InstructiOl'llS, ~ a participant in a covered transadion knowingly enters into a lower tier cowred lrans.dion with a person who Is suspended. debarred, ineligible. or voluntarily excluded from participation in Ihis tl1lnsaction, in addition to other remedies available to the Federal Government. the department or agency with wtlich tnr. Iransaction originated may pursue available remedies, including suspension and/or debarment Certification Regarding Debllrm....t, Suspe.,.lon. Ineligibility and Volunlllry exclusion-Lower n.r Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is Pr&HflUy debarred. suspended. proposed for debarment. declared ineligible, or VOluntarily excluded from participatIon in this transadien by any Federal department or agency. lB-I0 A Dn ^~(.'.......""...._ 2. Where ltie prospedive lower tier participanl is unable to cer1iI'y to any of the stalernents in this cedification. sud1 prospective participant shall attach an elCplanatlon to this proposal. .....'IIl. XII. CERnFICA rlON REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applk:able to all Federal-aid construction contracts and to .. related subcontracts which exceed $100.000 - 49 CFR 20) ,. The prospedive plllticipanl certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that a. No Fede,.1 appropriated funds have been paid or win be paid. by or on behalf of the undellligned, to any person for influencing or attempting to influence an ofticer or employee of Iny Fed.,.1 agency. I Member of Congress, an officer or employee of Congress. or an employee of a Member of Congrllll in connection with the awarding of any Federal contrad, the making of any FederBI grant, the making of any Federal 1oarI. the entering Into of any cooperative agreement. and the extension, continuation, renewal amendment. or modific:ation of any Federal contract, grant, loan, or cooperative agreement. b. If any func18 other than Federal appropriated funds halle been paid or WIll be paid to any person for Influenc:ing or attempting to influence an officer or 8m1)Ioyee of any Federal agency, a Member of Congress, an offlcer or employee of Congrna, or an employee of a Member of Congress In connection with this Federal ccntract, grant loan, or cooperative agreement, the und."igtled shaD complete and subfM Standard Form-LLL, "DiSClOsure Form to Repol1 Lobbying,. in accordance willi its instructions. 2. This C8ftificatlon Is a material representation of fact upon which reliance was placed when this transaction was made or en~ into. Submission of this certification is a prerequisite for making Of entering into this bansaelion imposed by 31 U.S.C. 1352. Any person who fails to file the required celtification shall be .ubjec;l to II civil penally of not Ies8 than 510.000 and not more thart $100,000 for each suc:tl failunl. 3. The I)rospeclive participant allO agrees by submitting Ills or her bid or proposal that he or she shall require that ttae language of this certlicatioo be Included in al lawer tier subcontracts, which exceed $100,000 and that a~ such reelpenls shall certify and disclose accordingly. IB-l1 A Fn_Off ~vqtp.m A IT ACHMENT A. EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable tD Appalachian ccntracla only.) 1. During the performance of th. contract. the contractor undertaking to do wor1c which ie, or reasonably may be. done at on-site work, shall give prele18nce to qualif'ted persons wIlo lllgularly reside in the labor area as designated by the DOL wherein the contract work la situated. or the subregion, or the Appalachian counties of 1fIe, State wherein the contract work is situaled, except: il. To ttle extent that qLlaified persona regularty residing In the area are not available. b. For the reasonable needs of the c:onfqc:tor to employ ~pelVisory or specially experienced personnel necessary to 8SS00l lIfl efficient e~ution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the r8S1.I11 of a lawful collective bargainil)!J conlrac:t, provided that the numbel' of nonresident persons employed under this subparagraph 1 c shall not exceed 20 perc:en1 of Ihe total number of employees employed by the contractor on the contrad work, except II provided in subparagraph .. below. 2. The contractor shall p11QO a job order with the Slate Employment Sll1Vice indicating (a) the daulfications of the laborers, mechanics and olher employees reqLJired to perform the contrlld work, (b) the number of employeell required in each classification, (c) lIle date on which he e5timates suc:h employwa wi. be required, and (d) any other pertinent informition required by lIle Stale Employment Service to complete the job order form. The job order may be placed with II1e State Employment Service in writing or by telephone. If during the course of tile COfltract work, tI'Ie infomldon submitted by tile contractor In Itle original job order Ie substantially modified, he shall promptly notify the State Employment Service. 3. Tile contractol shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who. In his opinion, are not qualifted to perfom1 tI'Ie c:Iassificatlon of wenc required. 4. If, witt'lin 1 week following the pllcing of a job order by the contracfor wllll the stille Employment Service. the State Employment Service is unable to refer any qualified jOb epplicanta to the contractor. or leu than the r1umber requested, the State Employment Service wiD klrward a certificate to the contractor IndiCating the umwailabllity of applicants. Such certificate shall be made a part of Ihe contractor's permanent projecl records. Upon receipt of lIlis certificate, the contractor may employ peqons who do not normally reside in lhe labor area to lill positions cover8d by the certiflc:ate. notwithstanding the provisions of subparagraph tc above. 5. The contractor shaH include the provisions of Sections 1 through" of this Attachment A In every subcontract for wor\( which is, or reaSOf'lllbly may be, done as on-aite wolt. lB-12 A EO-Off Sv~tem '"", General Contract Notes Augusta-Richmond County Debarment, Suspension And Other Responsibility Requirements 1. Augusta-Richmond County to be responsible for the removal of all signs, posts, and supporting hardware to be replaced in this contract. All signs, posts, and supporting sign hardware to be replaced in this contract to become the immediate property of Augusta-Richmond County. 2. Any utility conflicts in the implementation of the improvements proposed in this contract are the responsibility of Augusta-Richmond County. Augusta-Richmond County, or its representative, shall adhere to the requirements of the Georgia utilities Facility Protection Act, OCGA25-9 ,(also ~own as th~ Georgia Dig Law, o~~~call, or Call Before You Dig) in the implementation of this contract. 3. All contract items and their installation included in this agreement (including but not limited to signs, sign posts, raised pavement markers, and ther.mop~astic roadway striping) shall meet all Georgia DOT and MUTCD specifications, standards, regulations, requirements, and guidelines. 4. All work zones to be signed in accordance with the MUTCD during the implementation of the proposed improvements. 5. If necessary, Augusta-RiChmond County shall be responsible for the satisfactory preparation of pavement surfaces where raised pavement markers and/or ther.moplastic roadway striping are to be placed. 6. It is possible that a few sign installations included in this contract are to be located in an area where the ground surface is brick or concrete. If this does occur, then it is the responsibility of Augusta-Richmond County to break through the cover to the soil subsurface for the contractor to install the required sign assembly. Also if this does occur, it is the responsibility of Augusta-Richmond County to patch the surface cover around the newly installed sign assembly. The contractor will contact the Augusta-Richmond County Traffic Engineering Department to coordinate these actions, if necessary. A pn_()f'f ~vd...,.. "', NOTICE TO CONTRACTORS COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 During the performance of this Agreement, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows: ln.l A En_Off ~vdp.m " 1. Compliance with Regulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 2~, hereinafter referred to as the Regulations [also 49 CFR Part 27]), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the grounds .of race, color, national origin, or sex in the selection and retention of subcontractors including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 2l.5 of the Regulations, including employment practices when the contract covers a program, set forth in Appendix B of the Regulations. In addition, the Contractor will not participate . either directly or indirectly in the discrimination prohibited by 23 CFR 710.405(b). 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive ~idding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor1s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin or sex. 4. Information and Reports: The Contractor will provide all information and reports required by the Regulations I or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this lfi..,) A Fn..off ~v!ltp.m . . information, the Department of Administration it has made to Contractor shall so certify to the State Transportation, or the Federal Highway as appropriate, and shall set forth what efforts obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. wi thholding of payments to the Contractor under the contract until the Contractor complies, and/or b. cancellation, termination or contract, in whole or in part. suspension of this 6. Incorporation of provisions: The Contractor will include the provision of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 10_'7. A "PO_Off ~vdP.m APPENDICES Appendix A Sponsor Certification regarding Debarment, Suspension, and other Responsibility Matters Appendix B Lower Tier Contractor Certification regarding Debarment, Suspension, and other Responsibility Matters Appendix C Certification of Department of Transportation - State of GA Appendix H Certification Regarding Debarment, Suspension, Ineligible Voluntary Exclusion - Lower Tier Covered Transactions , , APPENDIX A SPONSOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS I hereby certify that I am the Jk4=;1D/ and duly authorized representative of Augusea-Richmond County, whose address is 530 Greene Street-Room 806, Augusta, Georgia 30911, and I certify that I have read and understand the attached instructions and that to the best of my knowledge and belief the firm and its representatives: 1) Are not presently debarred, suspended, proposed debarment, declared ineligible or voluntarily excluded covered transactions by the Georgia Department Transportation and by any Federal department or agency; for from of 2) Have not within a three year period preceding this Agreement been convicted of or had a civil judgment rendered against the firm or its representatives for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or Local) transaction or contract under a public transaction in violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indict:ed for or otherwise criminally or civilly charged by a government:al entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and, 4) Have not within a three year period preceding this Agreement had one or more public transaction (Federal, State or Local) terminated for cause or default. .... A-I AED-Off System I , 5) That the firm will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction" as attached hereto and without motivation, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. I acknowledge that this certification is provided pursuant to Executive Order 12549 and 49 CFR Part 29 and that this firm agrees to abide by the rules and conditions set forth therein for any misrepresentation that would render this certification erroneous, including termination of t.his Agreement and other remedies available to the Georgia Department of Transportation and Federal Government. I further acknowledge that this certificate is to be furnished to t~e Georgia Department of Transportation, in connection with this Agreement involving participation of Federal-Aid Highway Funds, and is subject to applicable State and Federal laws, both criminal and civil. Date "7 I?-z" ( -., (Q .;(7(. f#- (Seal) .........~;~:;\4:11. ..:;.~ Pf:"~>:;::::~~"!'):V'~~~ J.....'...;...' ,..... ~ '.. '~~t. f.l il :.:' . ~ ~. ". "-i 'f.t ".;'~"'; ". . ':. ~ 'fA f! 'C.., c'......; ~ 1. -.. ....e If. \~(\.~:\:'~? ) j) ~l~. ~ y_. ..4.... ~,.. I~ It.~t;~!t... o;;~.~~~..:,.:. ,~J,";;'~ ""~.'llo."il..'t.:"A......Qi A-2 AED-Off System ~ Instructions for Appendix A Certification Certification Responsibility (SPONSORs) Regarding Matters Debarment, Primary Suspension, Covered and Other Transactions 1. By signing and submitting this contract the SPONSOR is providing the certification set out in Appendix A. 2. The inability of the SPONSOR to provide the certification required may not necessarily result in denial of participation in this covered transaction. The SPONSOR shall then submit an explanation of why it cannot provide the certification. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the SPONSOR to furnish a certification or an explanation shall disqualify such person or firm from participation in this transaction. 3. The certification, Appendix A, is a material representation of fact upon which reliance is placed by the Department before entering into this transaction. If it is later determined that the SPONSOR knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government I the Department may terminate this transaction for cause of default. 4. The SPONSOR shall provide immediate written notice to the Department if at any time the SPONSOR learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction, rI "debarred," "suspended, II II ineligible, " "lower tier covered. transaction, " IIparticipant,lI "person/" "primary covered transaction, II "principal I" "proposal/" and "voluntarily excluded," as used in these instructions and the certification, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the Department for assistance in obtaining a copy of those regulations. 6. The that SPONSOR agrees by submitting this proposal/contract should the proposed covered transaction be entered A-3 AED-Off System , ,. into, it shall not knowingly enter into any lower tier covered transaction with a person/firm who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction unless authorized by the Department. 7. The SPONSOR further agrees by submitting this proposal/contract that it will include the clause titled "Certification Regarding Debarment, suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," as provided by the Department without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A SPONSOR, in a covered transaction may rely upon a certification of a prospective participant in 'lower tier covered transaction that it is not deJoarred, . suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The SPONSOR may decide the method and frequency by which it determines the eligibility of its principals. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by these instructions. The knowledge and information of SPONSOR is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if the SPONSOR in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction in addition to other remedies available to the Federal A-4 AED-Off System Government, the Georgia Department of Transportation may terminate this transaction for cause or default. A-5 AED-Off System . " APPENDIX B LOWER TIER CONTRACTOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ht4.~/ duly authorized representative of the rm of Augusta-Richmond County, whose address is 530 Greene Street-Room 806, Augusta, Georgia 30911, and I certify that I have read and understand the attached instructions and that to the best of my knowledge and belief the firm and its representatives: I hereby certify that I am the and (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by the Georgia Department of Transportation and by any Federal department or agency; (b) I acknowledge that this certification is provided pursuant to Executive Order 12549 and 49 CFR Part 29 and that this firm agrees to abide by the rules and condi tions set forth therein for any misrepresentation that would render this certification erroneous, includin~ termination of this Agreement and other remedies available to the Georgia Department of Transportation and Federal Government. (c) I further acknowledge that this certificate is to be furnished to the Georgia Department of Transportation, in connection with the Prime Contractor Agreement involving participation of Federal-Aid Highway Funds, and is subject to applicable State and Federal laws, both criminal and civil. A"~:--~;..::' .t':?~..,~"I.. Date 1 I ~ ~ ( " u.. ~, t/- -,,!;/~.i~~~:~) ...... ('f:' ( it;~-.; :"-:~'.~ - .- . ': ~.&~ \ '::~;~'~:.- .,.:' .. ,i' ~.:.., "f .r.>~ i~ - (J.~~~ ~~.. lA~. ~~ A? 'f~ 11.-= lII-l1!!a..." .. ~\\,.. G.l?ORG\~ _-- "''''l...~"....,~ AED-Off System '. ( I ' APPENDIX C CERTIFICATION OF DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA I hereby certify that I am the Commissioner of the Department of Transportation of the State of Georgia, and that the above consul ting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement to: a. employ or retain, or agree to employ or retain, any firm or person, or b. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated, (if any) : I acknowledge that this certificate is to be furnished to the Federal Highway Administration, u.s. Department of Transportation, in connection with this Agreement involving participation of Federal-aid Highway Funds, and is subject to applicable State and Federal Laws, both criminal and civil. <g-j,r--tJ~ Date t/~ck? Commissioner AED-Off System '/ l' INSTRUCTIONS Instructions for Appendix H Certification Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --- Lower Tier Covered Transactions This certification applies to subcontractors, suppliers, vendors and other lower tier participants. material 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out in Appendix H. 2. The certification, Appendix H, is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department or Agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which the proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant" , "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in these instructions and the certification, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 22549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal/ contract that should the proposed covered transaction be entered into, it shall not knowingly enter into a lower tier covered transaction with a person/firm who is debarred. suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction unless H-l AED-Off System '. \' I authorized by the Department or Agency with which this transaction originated. 6. The prospective lower tier participant further agrees by s~bmitting this proposal/contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion---Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7 . A participant in a covered transaction may rely upon a certification of a prospective participant in lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if the participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction in addition to other remedies available to the Federal Government, the Department or Agency may pursue available remedies, including suspension and/or debarment. H-2 AED-Off System .._....W:"l...T......~.......