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Home My WebLink AboutREPUBLIC I.T.S. LIGHT EMMISSION DIODE (LED) SIGNAL LIGHT EMISSION DIODE (LED) SIGNAL MODULE REPLACEMENT PROJECT PROJECT NUMBER: XXX- XX -XXX Table of Contents Section Pages Invitation to Bid Instruction to Bidders IBi - IB3 Georgia Prompt Pay Act PPA - Special Conditions SCi - SC5 Addendum Agreement Ai - A4 Contractor's Statements: > Attachment B o Contractor's Statement of Non - Discrimination o Non - collusion of Prime Bidder /Offeror o Conflict of Interest Statement o Contractor's Affidavit and Agreement Statement > Subcontractor's Affidavits > Non - collusion Affidavit of Subcontractor > Good Faith Efforts - Subcontractor & Supplier Contact Form ➢ LSB Subcontractor /Supplier Utilization Plans > Contractor's Bonds /Insurance ➢ Contractor's Experience/ Financial & References Information General Conditions GC1 - GC37 Proposal Pi -P2 Technical Specifications TS1 - TS4 Attachments > iA - List of Intersections and Materials 1 - 3 > 1B - Davis -Bacon Act 1- 9 > 1C - Title VI of the Civil Rights Act of 1964 1- 2 > 1D - Buy American Provisions 1 - 15 Invitation To Bid Sealed bids will be received at this office until 3:00 p.m. Thursday, July 22, 2010 for furnishing: Bid Item #10 -139 Light Emission Diode (LED) Signal Module Replacement 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 obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street — Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. A Mandatory Pre -Bid Conference will be held on Tuesday, July 6, 2010 @ 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 Thursday, July 8, 2010 by 5:00 p.m. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted 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. 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. Augusta- Richmond County, Georgia does not operate a DBE, MBE or WBE Program but rather pursuant to its code of ordinances, this local government operates instead a Local Small Business Opportunity Program. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 10, 17, 24, July 1, 2010 Metro Courier June 16, 2010 cc: Tameka Allen Interim Deputy Administrator Abie Ladson Engineering Department Hameed Malik Engineering Department Steve Cassell Traffic Engineering Department Bid 10 -139 LED Signal Module Replacement Page 1 of 14 SECTION IB INSTRUCTION TO BIDDERS IB -01 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. IB -1 AED Traffic Engineering- LED Replacement Prniprt • 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 AED Traffic Engineering- LED Replacement Project IB -06 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 of attorney. 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. IB -3 AED Traffic Engineering- LED Replacement Project 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. PPA —1 AED Traffic Engineering - LED Replacement Project INDEX TO SPECIAL CONDITIONS SECTION SC -01. Scope of Work SC -02. Traffic Control SC -03. Compliance with Laws, Codes, and Regulations, Etc SC -04. Construction Order and Schedule SC -05. Georgia Prompt Pay Act SC -06. Disputes SC -07. Interest Not Earned on Retainage SC -08. Equivalent Materials SC -09. Masters Golf Tournament SC -10 Appendices SPECIAL CONDITIONS SC -01. SCOPE OF THE WORK: The project referred to in the Agreement shall consist of providing include all labor, materials, tool, equipment, traffic control, tax and incidentals required to remove and properly dispose of the existing incadescent signal modules and replace them with new LED signal modules complete, in -place and operational at 7 intersections in Augusta - Richmond County. Refer to Attachment 1 for list of intersections included in the upgrade project. (see attachment IA. 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 WITH LAWS, 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 1B)) 2. Title VI of the Civil Rights Act of 1964: (See attachment 1D) 3. Buy American Provisions All iron, steel, and manufactured goods used in the execution of the scope of work for this contract must conform to the "Buy American" Provisions of the American Recovery and Reinvestment Act of 2009. (See Attachment 1C) SC2 AED Traffic Engineering LED Replacement Project 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 provisions of the General Conditions which pertains to safety precautions. SC3 AED Traffic Engineering LED Replacement Project 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 -05. 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 RETAINAGE: 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 Contractor specifically waives any claim to same. SC4 AED Traffic Engineering LED Replacement Project SC -08. EQUIVALENT 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 - APPENDICES (See attachments) SC5 AED Traffic Engineering LED Replacement Project / gr wrewzewl..44irfraeiz/ _�:� Faxed /Mailed TO: All Bidders Phyllis Mills, Quality Assurance Analyst Abie Ladson, Augusta Engineering Department FROM: Geri Sams fa+%'k. Procurement Director DATE: July 9, 2010 SUBJ: Responses to Bidder's Questions BID ITEM: 10 -139 Light Emission Diode (LED) Signal Module Replacement Project for Augusta Engineering Department DUE DATE: Thursday, July 22, 2010 at 3:00 P.M. ADDENDUM NO. 1 RESPONSES TO BIDDER'S QUESTIONS 1. Question: Does Augusta require incandescent - looking LEDs or pixilated LEDs? Answer: Pixilated 2. Question: Can both incandescent- looking and pixilated LEDs be bid as an alternative? Answer: No, pixilated only 3. Question: What ITE spec must LEDs meet? (ITE 2005 or ITE 1998, CalTrans) Answer: 1998 4. Question: Are the LEDs required to be on the Georgia DOT QPL? Answer: No as long as it can be shown that it meets the specifications in the RFP 5. Question: In addition to standard LEDs for retrofit into existing housing, does Augusta want screw -in (Easy Lamp) type LEDs to be bid? Answer: No Please acknowledge addendum in your submittal END ADDENDUM Room 605 - 530 Greene Street, Augusta Georgia 30901 (706) 821 -2422 - Fax (706) 821 -2811 www.augustaga.gov Addendum 1 Bid Item #10 - 139 Register at www.demandstar.com /supplier for automatic bid notification SECTION A AGREEMENT THIS AGREEMENT, made on the day of , 2010 by and between the City of Augusta party of the first part, hereinafter called the OWNER, and Republic Intelligent Transportation Services, Inc., party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations 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: LED SIGNAL MODULE REPLACEMENT PROJECT PROJECT NUMBER: 'MC-XX 4 XXXXX 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 -1 AED Traffic Engineering- LED Replacement 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 Traffic Engineering- LED Replacement Project ARTICLE IV — ACCEPTANCE AND FINAL PAYMENT: (a) Upon receipt of written notice that the work is ready for fmal 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 Traffic Engineering- LED Replacement 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) �tCxr4® ati i By: C.S ^f. ��, _ � •® �6 c 4 • x o AO Mayor, Deke S. Copenhaver 0,"- , t ' 7. m Secrets c °` ° ° ° ® _ Witness NTRACTOR: REPUBLIC ITS By: (''''.\----: -----N\\ CHRIS' • PI-IER J. ROMEO Title: REGIONAL MANAGER SE Address: 2725 114TH STREET Attest GRAND PRAIRIE, TX 75050 , ( L � s` .,, , ,,,L c Se IS r :A -- Witness A -4 AED Traffic Engineering - LED Replacement Project G E' O R G T A 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 ethnicity, 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 - discrimination as made and set forth herein shall be and are hereby deemed to be made as part of and incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and; That the 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 10 -139 LED Signal Module Replacement Page 7of14 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 ITB, 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 - consultants) has any interest that would conflict in any manner or degree with the performance related to this ITB. 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 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 10 -139 LED Signal Module Replacement Page 8 of 14 Attachment B - Page 3 of 3 Contractor Affidavit and Agreement By executing this affidavit, the undersigned contractor verifies its compliance with 0.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 (IRCA), P.L. 99 -603], in accordance with the applicability provisions and deadlines established in 0.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 0.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 perform 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:// / verifv.uscis.aov /enroll/ and /or htta:// www .dol.state.oa.us/ucif /ruies/300 10 1.odf C'.t . F R l 5loq E- Verify * 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 govern 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. PUBLIC Com • Name ---1_ BY Authorized Officer or Agent ntractor Signature) REGIONAL MANAGER Title of Authorized Officer or Agent of Contractor CHRISTOPHER J. ROMEO Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BE •RE ME 0 RIS THE 21 DAY OF JULY 20 10 i t i f / ‘ I l � lir Not= P •lic * ►�"Y.',",, CY CHONG EDWARDS L ,. Notary Public, State of *NOT Y SEAL - M Commission Expires i#4.i«frV June 12, 2013 My ommission Expires: ne 12, 2013 w 0 Please complete, date, notarize and return pages 1 -3 of Attachment B with your submittal Rev. 11113/09 Bid 10 -139 LED Signal Module Replacement Page 9 of 14 G F," O R G I A STATE OF GEORGIA - COUNTY OF RICHMOND BID /RFP /RFQ# 10 - 139 SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with 0.C.G.A. 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with REPUBLIC ITS on behalf of 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 ([RCA), P.L. 99 -603j, in accordance with the applicability provisions and deadlines established in O. C. G. A 13- 10 -91. O. (, E R. I SV E - Verify' User Identification Number E PUB LIC IT& Com rfy Name \ BY: A orizecer or Agent ontractor Signature) REGIONAL MANAGER Title of Authorized Officer or Agent of Contractor Georgia Law requires your company to have an CHRISTOPHER J. ROMEO E- Verify'User Identification Number on or after July Printed Name of Authorized Officer or Agent 1, 2009. SUBSCRIBED AND SWORN BEFORE ME ON THIS THE For additional information: State of Georgia htto:// www .dolstate,Gla.uc/adflrules/300 10 1.pdf 21 DA O L'Y 20 1 p hops J /tverifv.uscisstov /enrdl( ,fit$Vrr"."y CYNTHIA CHONG EDWARD$ '1st Notary Public, State of Texas � Or lI Public t . E My Commission,Expires '�Fai' ` June 12, 2013 na My Commission Expires: JUNE 12, 2013 NOTARY SEAL If there are no subcontracting opportunities the form must be executed (write N /A, sign, date and notarize). Note: The successful vendor will submit the above form to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received) REV. 12/30/09 Bid 10 -139 LED Signal Module Replacement Page 10 of 14 Q E' O R G I A In accordance with the Laws of Georgia, the following affidavit is required by all vendors NON - COLLUSION AFFIDAVIT OF SUBCONTRACTOR 1, CHRISTOPHER J. ROMEO certify that this bid or proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder. Affiant further states that pursuant to O.C.G.A. Section 36 -91 -21 (d) and (e), REPUBLIC ITS has not, by itself or with others, directly or indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means whatsoever. Affiant further states that (s)he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to withdraw a bid or offer for the work. Affiant further states that the said offer of c_ t-r,5 is bona fide, and that no one has gone to any supplier and attempted to get such person or company to furnish the materials to the bidder only, or if umi \ to any othe ' der, that the material shall be at a higher price. Signature Authorized Company Representative TONAL MANAGER Title S • n to and . • bscr' • el before tt s 21 day of JULY 20 10 •nature — o .►!s� "�. CYNTHIA CHONG EDWARD$ � w . 1"1' Notary Public, State of Texas viz. ,, My Commission Expires 4 4 , :t � June 12, 2013 Notary Public: CYNTHIA CHONG EDWARDS (Print Name County: TARRANT Commission Expires: JUNE 12, 2013 NOTARY SEAL If there are no subcontracting opportunities the form must be executed (write N/A, sign, date and notarize). Note: The successful vendor will submit the above form to the procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received) REV. 12 /30/09 Bid 10 -139 LED Signal Module Replacement Page 11 of 14 a)� § 6a / §9 J 2 ° # A Z $; R c 7 a ix t J k . § fa ii To' $ § § o ii E ce �& 2 k 2 co § a ■ 2 a .o . u. n 2 . go o� E ■ 7) co � « a . . 0 & ef 7 m�� z z - =� c � O S Iij 2 • 1 $ © ILI %2£ CO 0 13 ri c — S a co ox 0) E ° g V) e CO 12 O a xi 2 % q a c k < ® 0 E g § § 41z Z k E' oa 0 �m$ 2 �J2■ ® a. � -` It 3 0- U $ z @ eni §2 ■ & S O ir &2$05t o� §® o2 cc 13 t■ �. ■ � k J i ■� L H 1 us © � at c � 72Z 2$ %■ c 0 - 610 £ k� 0a 0 . E2 2 2 w m 0 0 c &a ki e n 2 > 0 %a c, -c -0 _t § » b3 % ®§ ors, . ti -12 2 r ~ § § f 8 . k ■ <. : ■ co ul o z ° : et a, § k c 4 I 2 cc z . . . . 1 m v) k 2 ga A / a_ 02 . E i &.0 A '8 - u 0 2 2 f & g ii co ea £ 0 c • w § 1% o § 0 k I g ;:. a C a e e 0 2 0 t. % o co . 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Ct O < 0 a cc ■ CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061 -1615 CHUBS Phone: 908-903-3497 Facsimile: 908 -903 -3656 Bond No. n/a FEDERAL INSURANCE COMPANY BID BOND Amount --- Know All Men By These Presents, That we, Republic Intelligent Transportation Services, Inc. (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY , Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana Surety), as Surety, are held and firmly bound unto city of Augusta {hereinafter called the (hereinafter called the Obligee), in the amount of ten percent (10x) of the amount bid -- ( ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this July 22nd, 2010 WHEREAS, the Principal has submitted a bid, dated 7/22/2010 for: Bid Item #10 -139; Light Emission Diode (LED) Signal Module Replacement Project for Engineering Department NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter Into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect epuby ante igen Transportation Services, Inc. y: FEDERAL INSURANCE COMPANY By: c / ~— Xd Attorney In Fact , ell Holtem Y ann Form 15-02 -0002 (Rev, 11 -99) • ACKNOWLEDGMENT State of California County of Marin _ ) July 22nd, 2010 On before me, J. DeLuca, Notary Public (insert name and title of the officer) personally appeared Kelp Holtemann who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s4 is/are subscribed to the within instrument and acknowledged to me that4 e/she /tier executed the same in ++is1her/their authorized capacity(490 and that by 4,ie /her/tf+reir signature(e) on the instrument the persona, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • v. `; J. DELUCA , COMM. #1815054 i• r + NOTARY PUBUC-CAUFORNtA t.WGRIN COUNTY 0 Signature ` "" "� (Seal) s -o--� My B October a4, aota • • WC Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Nerissa S. Bartolome, Lawrence J. Coyne, Joan DeLuca, Roger C. Dickinson, Rosemarie Guanill, Nancy L. Hamilton, Kelly Holtemann, Thomas E. Hughes, Stanley D. Loan Mark M. Munekawa, Bruce G. Okrepkie, Yvonne Roncagliolo and Charles R. Shoemaker of San Francisco, California each as their true and lawful Attorney in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obIlgatory in the nature thereof (other than bail bonds) given or executed in the course of business. and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents end affixed their corporate seals on this 7th day of January, 2010 - es..4.-iii,c.,,; - ' . „/„... 7:2............— C enn C. Wendel, iatent Secretary tl STATE OF NEW JERSEY County of Somerset ss' On this 7th day of January, 2010 before me, a Notary Public or New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the kxegoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swam, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, Ural the seals affixed b the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of saki Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by Ike authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies: and That the signature of David B. Noma, Jr.. subscribed to said Power of Attorney is In the genuine handwriting of David B. Norris, Jr., and was thereto subscibed by authority of said By- laws and in deponent's presence. Notarial .. ` " ∎�' STEPHEN B. BRwr � � Notary Public, Stated Now 1 PRY N0. 23211)97 \ PUBLI C • Expires Oct 26, 2014 � � ,r1 _ die - ,r�� • otary Public - CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "Ali powers of attorney tor and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, Jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed The signature of each of the following officers: Chairman. President, any Vice President, any Assistant Vice President, any Seoretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fed for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seat shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (I) the foregoing extract of the By- Laws of the Companies la true and correct, pi) the Companies are duly limited and authorized to transact surety business In all 50 of the United Stales of America and the District of Columbia and are authorized by the U.S. Treasury Deparknent; further, Federal and Vigilant are licensed In Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (II) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this July 2 2nd, 2 010 - .- - r,T ,rij : • t � 1.4.4i �D1N • ' Iiii.I ; f Kenneth C. Wen , Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903 - 3493 Fax (908) 903- 3656 e -mail: surety @chubb.com Form 15-10- 02258- U (Ed. 5- 03) CONSENT CHUBB GROUP OF INSURANCE COMPANIES Surety Denartment, 15. Mot .. \fie Read, P.0 . Sox 1 0 i 5. W8.rr r i 07061-',61 OP Phone: (908) 903-3485 • _ acsim e: (908) 9C -3856 FEDERAL INSURANCE COMPANY Bond Executed in Triplicate PERFORMANCE BOND Premium: $1,373.00 Bond No. 82202137 Bond Amount $ 109, 822.00 Know All Men By These Presents, That we, Republic Intelligent Transportation Services, Inc. • (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Augusta (hereinafter called the Obligee), in the sum of one hundred nine thousand eight hundred twenty two & 00/100- - - Dollars ($ 109,822.00 ), for the payment of which we, the said Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 30th day of September, 2010 WHEREAS, the Principal entered into a certain Contract with the Obligee, dated September 29th, 2010 for LED Signal Module Replacement Project; PO# P185816 in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said Contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect, subject however, to the following conditions: • Form 15 -02 -0001 (Rev 11 -99) (over) Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Republic Intelligent Transportation Services, Inc. • Prin • By 411111V ,-- DERAL INSURANCE COMPANY By: Kelly Holtemann, Attorney -In -Fact 3 • ACKNOWLEDGMENT State of California County of Marin On September 30th 2010 before me, J. DeLuca, Notary Public (insert name and title of the officer) personally appeared Kelly Holtemann who proved to me on the basis of satisfactory evidence to be the person(&) whose names.) is /are subscribed to the within instrument and acknowledged to me that ite /she /tip executed the same in - ii IIherIWteir authorized capacity(iee); and that by +tie /her /t +eir signatures on the instrument the person* or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �.� r ; J. DELUCA COMM. #1815054 r NOTARY P N UALJFORNIA I CO O � ` M;.Fc COUNTY comm. c fires 0ctob ®r 24 2012 i Signature ( Seal ) • CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 tlic- f .ri V Roo 'i 1 1 ' /^i• 0 6 - ':5 J2 �U licit Jai P.O, L 0'. a �, a:: v-'i, 14J I lG -15 1 ,74 I J ;S;' Phone: (908) 903 -3485 s F2CSU11 E. (908) 903 -3666 Bond Executed in Triplicate FEDERAL INSURANCE COMPANY Premium: Included PAYMENT BOND Bond No. 82202137 Bond Amount $ 109, 822.00 Know All Men By These Presents, Thatwe, Republic Intelligent Transportation Services, Inc. (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Augusta (hereinafter called the Obligee), in the penal sum of one hundred nine thousand eight hundred twenty two & 00 /100 -- Dollars • 1 09,822.00 ($ ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal entered into a certain Contract with the Obligee, dated September 29th, 2010 for LED Signal Module Replacement Project; PO# P185816 • in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall pay all lawful claims of sub - contractors, materialmen, or laborers for labor performed or materials furnished directly to the Princi- pal, in the performance of said Contract, we agreeing that this bond shall be for the benefit of any sub- contractor, materialmen or laborer having a just claim, then this obligation shall be void; otherwise to remain in full force and effect, subject, however to the following condition: No suit or action shall be commenced hereunder by any claimant: a) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limition shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. Form 15 -02 -0009 (Rev. 11 -99) (over) • b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. Sealed with our seals and dated this 30th day of September, 2010 Repub Intelli.ent Transportation Services, Inc. Pr cipal By: FEDERAL INSURANCE COMPANY By: ` t z1 /- - -- j Kelly Hoitemann, Attorney -In -Fact ACKNOWLEDGMENT State of California County of Marin On September 30th, 2010 before me, J. DeLuca, Notary Public (insert name and title of the officer) personally appeared Kelly Holtemann who proved to me on the basis of satisfactory evidence to be the person(v) whose names is /tee subscribed to the within instrument and acknowledged to me that #e /she /t#ey executed the same in - Hy/her /their authorized capacity(lee); and that by I4e /her /t ek signatureM on the instrument the person(s), or the entity upon behalf of which the persons.) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. hand and official seal. 0 #�� J. DELUCA WITNESS my y 0 , r COMM. #1815054 ^ - -' NOTARY PUBLIC CALIFORNIA O hs N N, MARIN COUNTY < ' My Comm. Eroires October 24 2012 . - 1 �,..�...�... 1. v .. v - . v v v Signature _— (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 CHuuB Know All by These Presents, That FEDERAL INSURANCE COMPANY,. an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Nerissa S. Bartolome, Lawrence J. Coyne, Joan DeLuca, Roger C. Dickinson, Rosemarie Guanill, Nancy L. Hamilton, Kelly Holtemann, Thomas E. Hughes, Stanley D. Loar, Mark M. Munekawa, Bruce G. Okrepkie, Yvonne Roncagliolo and Charles R. Shoemaker of San Francisco, California each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 7th day of January, 2010 u v enne h C. Wendel, • ssistanl Secretary �� / td B. Norris, Jr., Vice Pr nt STATE OF NEW JERSEY ss. County of Somerset On this 7th day of January, 2010 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by hike authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attomey is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By- Laws and in deponent's presence, Notarial S Q07 • STEPHEN B. BRADT \a p A R Notary Public, Std of New Jersey co 1 Y No. 2321097 "'" • Comrnfssion &piree Oct 26, 2014 AO° _ r. -�!'' .�;►� . + PUBtA G ^ otary Public • JE' CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attomey or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached' I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies ") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attomey is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this September 30th, 2010 yURµc 73° xnr r ( r te .. ( c : r • %IAN?' • � � it0 (ic oo / Kenneth C. Wen..., Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e -mall: surety ©chubb.com Form 15 -10- 0225B- U (Ed. 5. 03) CONSENT GC GENERAL CONDITIONS INDEX TO ARTICLES OF GENERAL CONDITIONS Section Page No. GC -01. DEFINITIONS 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 -10. INCIDENTAL CONSTRUCTION ITEMS 9 GC -11. 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 13 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 1 of 37 AED Traffic Engineering- LED Renlarement PrniArt 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 18 GC -36. REMOVAL 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 19 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 -47. SUBSURFACE CONDITIONS 21 GC -48. SUSPENSION OF THE WORK, TERMINATION AND DELAY 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 27 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 29 GC -59. GUARANTEE 29 GC -60. TAXES 29 GC -61. WORK ADJACENT TO RAILWAY OR OTHER PROPERTY 29 GC -62. ORDER AND DISCIPLINE 29 GC -63. WARNING DEVICES AND SIGNS 30 GC -64. SPECIAL RESTRICTIONS 30 GC 2 of 37 AED Traffic Engineering- LED Replacement Project 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 31 GC -70. ESTIMATE OF QUANTITIES 31 GC -71. EXISTING STRUCTURES AND UTILITIES 32 GC -72. CONTRACTORS 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. FLAGGING 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 of 37 AED Traffic Engineering- LED Replacement Project GC -01. 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. DRAWINGS: 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 of 37 AED Traffic Engineering. LED Replacement Project 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 proj ect. 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 of 37 AED Traffic Engineering- LED Renlacement Project GC -02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS: 1. 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: 1. 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 right to deny the submitted project team or parts thereof. GC 6 of 37 AED Traffic Engineering- LED Replacement Project • 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. 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 GC 7 of 37 AED Traffic Engineering - T,F.T) R enlaramant Prn;an+ 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 Department of Transportation (GDOT) standards and specifications. Storm pipes and other products shall be from current GDOT approved plants and stamped per GDOT 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 of the Standard Specifications, of the Georgia Department of Transportation, current edition, which will be part of this contract. GC 8 of 37 AED Traffic Engineering- LED Replacement Project 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 - 10. 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 - 11. 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 of 37 AED Traffic Engineering- LED Replacement Project 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: 1. 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 MAY 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 of 37 AED Traffic Engineering- LED Replacement Project 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 1401. 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 of 37 AED Traffic Engineering- LED Replacement Project 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 lbs. Cement per cubic yard. Class `B" concrete shall have a minimum of 470 lbs. 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 -1 of this document. GC 12 of 37 AED Traffic Engineering- LED Replacement Project 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 -W are 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 1 /4" 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 D1557, Method D or equivalent method approved by the Geotechnical Engineer and Augusta Engineering Depat llltent). 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 -19. PATENTS: 1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits GC 13 of 37 AED Traffic Engineering- LED Replacement Project 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 unnecessary 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 the time of its installation. The Contractor must furnish positive locking devices, padlocks, and keys with all gate assemblies. GC 14 of 37 AED Traffic Engineering- LED Replacement Proiect 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 l: 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 of 37 AED Traffic Engineering- LED Replacement Project 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 of 37 AED Traffic Engineering- . LED Replacement Project GC -30. PATCHING AND REPAIR OF MINOR DEFECTS: Where needed, the contractor is required to patch and repair existing potholes, minor 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 INSTALLATION: 1. 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 -D. 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 Depai lment 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 17 of 37 AED Traffic Engineering- LED Replacement Project GC -35. RELOCATED WATER METERS: Relocated water meters and water meter boxes may not be placed in the sidewalk. 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 0 gaskets. GC 18 of 37 AED Traffic Engineering- LED Replacement Project 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. 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: GC 19 of 37 AED Traffic Engineering- LED Replacement Project 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 of the work to cover the cost of general overhead and profit. 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 in 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. GC 20 of 37 AED Traffic Engineering- LED Replacement Project 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 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 GC 21 of 37 AED Traffic Engineering- LED Replacement Project 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 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 resumption 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. GC 22 of 37 AED Traffic Engineering- LED Replacement Prniprt 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 - 49. PAYMENTS TO THE CONTRACTOR: 1. Between the first (1st) 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 fulfillment 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, GC 23 of 37 AED Traffic Engineering- LED Replacement Project 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 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 "10 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, GC 24 of 37 AED Traffic Engineering.. LED Renlacement Prnipnt 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 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 any one person in any one accident; and a limit of liability of not less than $500,000 for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $100,000 for all property damage sustained by any one 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 any one 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. GC 25 of 37 AED Traffic Engineering- LED Replacement 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 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 onsite 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 (10) 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 26 of 37 AED Traffic Engineering- LED Replacement Project 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 -54. 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 -55. SEPARATE 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. GC 27 of 37 AED Traffic Engineering- LED Replacement Project 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 -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 28 of 37 AED Traffic Engineering- LED Replacement Project 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. 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 that the 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, if in 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 GC 29 of 37 AED Traffic Engineering- LED Replacement Project 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. 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 of the 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 GC 30 of 37 AED Traffic Engineering- LED Replacement Project 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 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 31 of 37 AED Traffic Engineering- LED Replacement Proiect 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. 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 and/or 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: 1. 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 GC 32 of 37 AED Traffic Engineering- LED Replacement Proiect 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. 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 travelway. 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 Flaggers shall meet the requirement of part 6F of the MUTCD 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 Flagger(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. GC 33 of 37 AED Traffic Engineering- LED Replacement Project 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 - 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 GC 34 of 37 AED Traffic Engineering- LED Replacement Project 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. 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 of 37 AED Traffic Engineering- LED Replacement Proiect THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK BEGINS: (Contacts revised July 12, 2007) m,. Atlanta Gas Light Company Augusta Richmond County Utilities 337 Habersham Road 360 Bay Street, Suite 180 Martinez, Georgia 30907 Augusta, GA 30901 Phone: (706) 214 -0858 Phone: (706) 312 -4132 Fax: Fax: (706) 312 -4133 Attn: Carl Corley Attn: Russell Thies Georgia Power Bell South Post Office Box 188 3841 Wrightsboro Road 290 North Peachtree St. Augusta, GA 30909 Lincolnton, Ga. 30817 Phone: (706) 228 -5203 Phone: (706) 836 -0130 Fax: (706) 855 -1917 Fax: (706) 359 -6115 Attn: Austin Sapp Attn: Mr. Al Danner Knology of Augusta 3714 Wheeler Road Jefferson Energy Cooperative Augusta, GA 30909 P.O. Box 457 Phone: (706) 364 -1015 Wrens, GA 30833 Fax: (706) 364 -1011 Phone: (706) 547 -5019 Attn: Richard Strength Fax: (706) 547 -5051 Attn: Mike Wasden Comcast Communications P.O. Box 3579 Augusta, GA 30904 Phone: (706) 739 -1865 KMC Telephones Fax: (706) 733 — 6942 (706) 821 -2522 Attn: Kevin O'Meara Attn: Dennis Norviel GC 83. 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 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 36 of 37 AED Traffic Engineering- LED Replacement Project 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 18 -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 18 -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 of 37 AED Traffic Engineering- LED Replacement Project SECTION P PROPOSAL Date: 7/22/10 Gentlemen: In compliance with your invitation for bids dated JULY 22 , 2010, the undersigned hereby proposed to furnish all labor, equipment, and materials, and to perform all work for the installation of roadway improvements, and appurtenances referred to herein as: LED SIGNAL MODULE REPLACEMENT PROJECT PROJECT NUMBER: XXX- XX- XXXXXX In strict accordance with the Contract Documents and in consideration of the amounts shown on the Bid Schedule attached hereto and totaling: �tlti 4�t1WT7P NNE, BAWD Zlei C 4.6,■' - [1 Karp{ Two DOLLARS ($ ` t X2 ) • 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 Documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work within 10 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: Adden ' um Da e. 2010 Respectfully submitted: REPUBLIC ITS (Name of Finn) 27 114TH ST, GRAND PRAIRIE, TX 75050 use ddress) By: itle:_R ONAL MANAGER LED SIGNAL MODUEL REPLACMENT PROJECT PROJECT NUMBER: XXX -XX- XXXXXX UNIT IMPROVEMENT QUANTITY COST PRICE Circular Red 550 $53.00 $29,150.00 Circular Green 550 $63.00 $34,650.00 Circular Yellow 550 $63.00 $34,650.00 Green Arrow 99 $60.00 $5,940.00 Yellow Arrow 97 S511 nn $5.432.00 Total �� $109.822.00 • P -2 AED Traffic Engineering LED Replacement Project TECHNICAL SPECIFICATIONS TS GENERAL All LED signal modules shall be 12" diameter and conform to the requirements in the Georgia Department of Transportation Specification 925.2.13 (See TS -3). The minimum initial luminous intensity values for LED signal modules shall conform to the requirements in Section 11.04 of the Institute of Transportation Engineers (ITE) publication ST-oi7B. TS -2 VEHICLE SIGNAL HEAD LENS A. Requirements • Ensure that the vehicle signal head lens conforms to current ITE standards. • Unless specified in the plans, supply 12 inch (300 mm) lenses of the type and color specified in the plans. • Lenses may be constructed from polycarbonate plastic or glass. • Supply lenses of the concave /convex type with the convex side smooth and the concave side fluted for the purpose of properly directing the light rays. • Ensure that the lenses are clearly marked to indicate the maximum wattage of the lamp to be used and the orientation of the lens for proper installation purposes. TS - GDOT SPECIFICATION 925.2.13 -LED VEHICLE MODULES AND LED PEDESTRIAN SIGNALS A. Requirements This specification covers Type 1 and Type 2 Light Emitting Diode (LED) red, green and yellow modules for vehicle signals. It also covers LED pedestrian "HAND & PERSON " signal modules. 1. General Requirements a. Type 1 LED Signal Modules • Ensure that Type 1 LED signal modules fit in standard incandescent vehicle traffic signal housings. • Ensure that Type 1 LED signal module include a LED circuit board with LEDs and required circuit components, 36 inch (900 mm) 16 AWG wire leads with strain relief and spade terminals, a rigid housing, and a one piece neoprene gasket. • Supply lenses for Type 1 ball modules that are made of ultraviolet stabilized polycarbonate or glass, and incorporate facets to enhance the optical efficiency of the LED traffic signal module. TS 1 of 4 AED Traffic Engineering LED Replacement Project • Ensure that the external lens surface for all vehicle signals is smooth, with no raised features, to minimize the collection of dirt, diesel smoke, and other particulate contaminates, and to facilitate periodic cleaning. • Supply Type 1 LED signal modules that are watertight when mounted in traffic signal housing. • Ensure that the Type 1 LED signal modules utilize the same mounting hardware that is used to secure the incandescent lens and gasket assembly. • Ensure that the housing of Type 1 LED signal modules have prominent and permanent markings to designate the proper orientation of the LED signal module in the traffic signal housing. • The marking consists of an up arrow, or the word "Up" or "Top ". • Supply lenses that are keyed to the housing of the LED signal module to insure the proper orientation. b. Type 2 LED Signal Modules • Ensure that the Type 2 LED signal modules are designed to mount in the standard lamp socket normally used with an incandescent lamp. • When a Type 2 LED signal module is used, provide a standard lens in the doorframe to seal the signal section from the weather. • Supply Type 2 LED signal modules that do not require any modification to the standard lamp socket or reflector. • Supply Type 2 LED signal modules that do not require a specific mounting orientation or have a variance in light output, pattern or visibility for any mounting orientation. • Ensure that Type 2 LED signal modules are a sealed unit containing all components necessary for operation except the corresponding lens mounted in the doorframe. c. LED Pedestrian Signal Modules • Ensure that the LED pedestrian signal modules fit in standard incandescent pedestrian signal housings. • Supply LED pedestrian signal modules with all hardware and gaskets necessary for installation and to achieve a watertight enclosure. • Supply stand -alone pedestrian "HAND" LED signal kits that are Portland Orange and have a filled -in figure symbol. • Ensure that combination "HAND & PERSON" LED Pedestrian signal modules incorporate a Lunar White walking person symbol. • The "HAND & PERSON" symbol may be an outline type symbol, and to insure color compliance with existing Lunar White standards for pedestrian walking person pedestrian signals, includes a replacement lens for the existing OEM lens. TS2 of 4 AED Traffic Engineering LED Replacement Project • Ensure that the "HAND & PERSON" symbols are overlaid on top each other so that the illuminated image appears to be in the middle of the signal housing. 2. Optical a. Ensure that the light intensity and distribution from LED signal modules and pedestrian signals, as a minimum, meet the current ITE and current Caltrans standards and measurement criteria for LED traffic signal modules. b. Provide test data from an independent laboratory to verify that the performance of the product meets current ITE requirements. c. Ensure that the light output of all LED vehicle signal modules and LED pedestrian signal kits meet current ITE specifications for chromaticity. d. Ensure that the individual LEDs are wired such that a catastrophic failure of one LED will result in the loss of not more than 5% of the signal module light output. e. The failure of a single LED in a string causes loss of light from only that LED, not the entire string or indication. f. Provide control circuitry that prevents the current flow through the LEDs in the "off' state to avoid any false indications as may be perceived by the human eye during daytime and nighttime hours. g. Ensure that the LED traffic signal module is operationally compatible with NEMA TS — 1 and NEMA TS — 2 conflict monitoring parameters. h. Ensure that the intensity of the LED signal module does not vary by more than 10% over the allowable voltage range as specified in the electrical section below. i. Ensure that the LED signal modules maintain not less than 90% of the required intensity, as defined by the July 1998 ITE intensity standards for LED traffic signal modules. j. Ensure this over the temperature range of —40 °F to 165 °F (-40 °C to + 74 °C) at 120 V AC, when new and after four (4) years of field installation. 3. Electrical a. Supply LED signal modules that operate over the temperature range of —40 °F to 165 °F ( -40 °C to 74 °C). b. Ensure that the power factor is 90% or greater, at nominal rated voltage, at 77 °F (25 °C), after 60 minutes of operation. c. Ensure that the total harmonic distortion (THD) is less than 20% at rated voltage, at 77 °F (25 °C) and that all LED traffic signal modules are in compliance with FCC noise regulations. d. Supply Red, Yellow, and Portland Orange LEDs that utilize Al!nGaP technology, either AS (Absorbing Substrate) or TS (Transparent Substrate), and do not exhibit degradation of more than 30% of their initial light intensity following accelerated life testing (operating at 185 °F [85 °C] and 85% humidity, for 1,000 hours). TS3 of 4 AED Traffic Engineering LED Replacement Project e. A1GaAs technology is not acceptable. f. Supply green LEDs that utilize gallium nitride technology. g. Ensure that the LED signal modules operate on line voltage, 120 V AC nominal, and are able to operate over the voltage range of 80 V AC to 135 V AC. h. Supply Red Arrow LED traffic signals that are temperature compensated so as to maintain intensity at elevated temperatures. i. Supply red arrow type LED traffic signals that are tested and documented as being in compliance with Caltrans intensity standards for red arrows at elevated temperatures. j. Provide transient voltage suppression rated at 1,500 W for 1 millisecond and fusing with a maximum rating of 2 A to minimize the effect and repair cost of an extreme over voltage situation or other failure mode. B. Fabrication General Provisions 101 through 150. C. Acceptance General Provisions 101 through 150. D. Materials Warranty 1. Ensure that LED traffic signal modules and LED pedestrian modules are performance warranted to be in compliance with July 1998 ITE and Caltrans minimum intensity standards for LED traffic signal modules, measured at 120 V AC and 165 °F (74 °C), for a period of three (3) years. 2. Ensure that the manufacturer's name, part number, date code, and electrical characteristics of the LED signal module is visible on the assembly, and that each LED signal module is identified for warranty purposes. TS4 of 4 AED Traffic Engineering LED Replacement Project ATTACHMENT i LIST OF INTERSECTIONS AND MATERIALS mac -1" r N : sec n" t_ ,. a ... Head i t ; z , : erµ° I. . t. ain '�� e . � „ o de Street ' ' a i , "f � � - ;t Ye , Green gi' ," : 1 Barton Chapel Rd. Glenn Hills Dr. X _ 5 5 5 1 1 2 Berckmans Ingleside Dr. X 6 6 6 2 2 Ingleside Dr./ 3 Boy Scout Rd. Aumond Dr. X 8 8 8 2 2 4 Boy Scout Rd. Skinner Mill Rd. X 6 6 6 2 2 5 Central Ave. Baker Ave. X 8 8 8 6 Central Ave. Driud Park Ave. X 8 8 8 2 2 7 Central Ave. Heard Ave. X 8 8 8 8 Central Ave. Hickman Rd. X 8 8 8 9 Central Ave. Troupe St. X 9 9 9 10 Druid Park Ave. Laney Walker Blvd. X 8 8 8 1 1 Damascus /Walden 11 Highland Ave. Dr. X 8 8 8 12 Highland Ave. Henry St. X _ 8 8 8 13 Highland Ave. Wheeler Rd. X 8 8 8 Columbia Nitrogen 14 Laney Walker Blvd Dr. X 8 8 8 15 Laney Walker Blvd East Boundary Blvd. X 8 _ 8 8 16 Laney Walker Blvd M.C.G. X 6 6 6 17 Lumpkin Rd. Richmond Hill X 8 8 8 3 3 Wells Dr/ 18 Lumpkin Rd. Augusta Tech Dr. X 8 8 8 19 Milledgeville Rd. Kissingbower Rd. X 8 8 8 2 2 20 M.L.K. Blvd. Santee Quartee X 8 8 8 21 Olive Rd. Eagles Way X 6 6 6 1 1 22 Pleasant Home Rd Crane Ferry Rd X 8 8 8 2 2 23 RC Daniel Agerton Rd. X 8 8 8 4 4 24 Tobacco Rd. Gracewood X 8 8 8 1 1 25 Tobacco Rd. Morgan Rd. X 8 8 8 2 2 26 Tobacco Rd. Windsor Spring Rd. X 8 8 8 3 3 27 Walton Way Baker Ave. X 8 8 8 1 1 28 Walton Way Crawford Ave. X 8 8 8 29 Walton Way Druid Park Ave. X 8 8 8 1 1 3o Walton Way Heard Ave. X 8 8 8 2 2 31 Walton Way Highland Ave. X 10 10 10 2 32 Walton Way Johns Rd. X 8 8 8 1 AED Traffic Engineering LED Replacement Project ATTACHMENT i LIST OF INTERSECTIONS AND MATERIALS fir, ' . OM-- _ .,. ako ; _� h 9 � ) t...,..„ ,, ��( t I re" 'a':.. �u� , Y 7.s_ , e A .,-;:f... ">;. gi ' M' 33 Walton Way Lake Forest Dr. X 8 8 8 1 1 34 Walton Way Milledge Rd. X 8 8 8 35 Walton Way Monte Sano Ave. X 11 11 11 6 6 36 Walton Way 7th. St. X _ 8 8 8 37 Walton Way 8th. St. X 8 8 8 38 Walton Way 9th. St. X 8 8 8 39 Walton Way 11th. St X 8 8 8 X 8 8 8 4o Walton Way 12th. St. _ 41 Wheeler Rd. Agerton Rd. X 8 8 8 2 2 Augusta West 42 Wheeler Rd. Pkwy. /Med. Ctr. X 8 8 8 4 4 43 Wheeler Rd. Bransford Rd. /Joy Dr. X 8 8 8 44 Wheeler Rd. Marks Church X 8 8 8 4 4 Perimeter Pkwy./ 45 Wheeler Rd. George Wilson Dr. X 8 8 8 2 2 46 Wheeler Rd. Wheeler West 8 8 8 X 7 7 7 2 2 47 Wheeler Rd. Berckmans Rd. X 48 Windsor Spring Meadowbrook Dr. X 8 8 8 2 2 49 Windsor Spring Rosier Rd. X 6 6 6 1 1 5 15th. Street Walton Way X 11 11 11 4 4 5 15th. Street Harper St. X 9 9 9 1 1 53 15th. Street Calhoun Exp. X 11 11 11 5 5 Windsor Spring Windsor Spring 54 Rd. Elem. X 6 6 6 1 1 Windsor Spring 55 Rd. Woodlake Rd. X 6 6 6 2 2 5 Wrightsboro Rd. Augusta Ma X 11 11 11 5 5 57 Wrightsboro Rd. Augusta Mall /West ll /East X 8 8 8 7 7 5 Wrightsboro Rd. Augusta West Pkwy. X 8 8 8 2 2 59 Wrightsboro Rd. X Barton Chapel Rd. X 6 6 6 1 1 6o Wrightsboro Rd. Heard Ave. 8 8 8 61 Wrightsboro Rd. Johns Rd. X 8 8 8 62 Wrightsboro Rd. Jordan /Wilson St. X 8 8 8 63 Wrightsboro Rd. Marks Church Rd. X 6 6 6 3 3 2 AED Traffic Engineering LED Replacement Project ATTACHMENT i LIST OF INTERSECTIONS AND MATERIALS h u. t t . rs . ® n ; , .. Si!'' .i¢ II r ... _ -„, $ w r A f,..,,".7 .i;,A '.--i- ,:\:?' . 44'4 ;;;;S:' 7'''''''..'' ,4, it , i l 7i, - ''' ., ':' ' ,^ ,, Maui Str Side Stre e 64 Wri:htsboro Rd. Mills St. X 8 8 8 65 Wri:htsboro Rd. North Le: X 8 8 8 8 8 66 Wri:htsboro Rd. Schle /Freedom Wa X 8 8 8 67 Wri:htsboro Rd. Troupe St. X 8 8 8 68 Wri:htsboro Rd. Valle Park Dr. X 8 8 8 2 2 69 Wri:htsboro Rd. Winter St. X 8 8 8 7o Milled : eville Rd. Wheeless Rd. X 8 8 8 7 Paine Crosswalk Druid Park Ave. X 4 4 4 Total 55o 55o 55o 99 97 I 3 AED Traffic Engineering LED Replacement Project i • REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General Page related subcontracts of $10,000 or more.) 1 II. Nondiscrimination 1 1. Equal Employment Opportunity: Equal employment opportu- III. Nonsegregated Facilities 3 nity (EEO) requirements not to discriminate and to take affirmative IV. Payment of Predetermined Minimum Wage 3 action to assure equal opportunity as set forth under laws, executive V. Statements and Payrolls 5 orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) VI. Record of Materials, Supplies, and Labor 5 and orders of the Secretary of Labor as modified by the provisions VII. Subletting or Assigning the Contract 5 prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall VIII. Safety: Accident Prevention 6 constitute the EEO and specific affirmative action standards for the IX. False Statements Conceming Highway Projects 6 contractor's project activities under this contract. The Equal Opportu- X. Implementation of Clean Air Act and Federal nity Construction Contract Specifications set forth under 41 CFR 60- Water Pollution Control Act 6 4.3 and the provisions of the American Disabilities Act of 1990 (42 XI. Certification Regarding Debarment, Suspension, U.S.C. 12101 et seg.) set forth under 28 CFR 35 and 29 CFR 1630 Ineligibility, and Voluntary Exclusion 6 are incorporated by reference in this contract. In the execution of this XII. Certification Regarding Use of Contract Funds for contract, the contractor agrees to comply with the following minimum Lobbying 8 specific requirement activities of EEO: ATTACHMENTS a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations A. Employment Preference for Appalachian Contracts and in their review of his /her activities under the contract. (included in Appalachian contracts only) b. The contractor will accept as his operating policy the 1. GENERAL following statement: 1. These contract provisions shall apply to all work performed on "It is the policy of this Company to assure that applicants are the contract by the contractor's own organization and with the employed, and that employees are treated during employment, assistance of workers under the contractor's immediate superinten- without regard to their race, religion, sex, color, national origin, dence and to all work performed on the contract by piecework, station age or disability. Such action shall include: employment, work, or by subcontract. upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of 2. Except as otherwise provided for in each section, the contractor compensation; and selection for training, including apprentice - shall insert in each subcontract all of the stipulations contained in ship, preapprenticeship, and /or on- the -job training." these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in 2. EEO Officer: The contractor will designate and make known tum be made. The Required Contract Provisions shall not be to the SHA contracting officers an EEO Officer who will have the incorporated by reference in any case. The prime contractor shall be responsibility for and must be capable of effectively administering and responsible for compliance by any subcontractor or lower tier promoting an active contractor program of EEO and who must be subcontractor with these Required Contract Provisions. assigned adequate authority and responsibility to do so. 3. A breach of any of the stipulations contained in these Required 3. Dissemination of Policy: All members of the contractor's staff Contract Provisions shall be sufficient grounds for termination of the who are authorized to hire, supervise, promote, and discharge contract. employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will 4. A breach of the following clauses of the Required Contract implement, the contractor's EEO policy and contractual responsibili- Provisions may also be grounds for debarment as provided in 29 ties to provide EEO in each grade and classification of employment. CFR 5.12: To ensure that the above agreement will be met, the following actions will be taken as a minimum: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; a. Periodic meetings of supervisory and personnel office Section V, paragraphs 1 and 2a through 2g. employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's 5. Disputes arising out of the labor standards provisions of Section EEO policy and its implementation will be reviewed and explained. IV (except paragraph 5) and Section V of these Required Contract The meetings will be conducted by the EEO Officer. Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the b. All new supervisory or personnel office employees will be procedures of the U.S. Department of Labor (DOL) as set forth in 29 given a thorough indoctrination by the EEO Officer, covering all major CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the aspects of the contractor's EEO obligations within thirty days contracting agency, the DOL, or the contractor's employees or their following their reporting for duty with the contractor. representatives. c. All personnel who are engaged in direct recruitment for the 6. Selection of Labor: During the performance of this contract, project will be instructed by the EEO Officer in the contractor's the contractor shall not: procedures for locating and hiring minority group employees. a. discriminate against labor from any other State, possession, d. Notices and posters setting forth the contractor's EEO policy or territory of the United States (except for employment preference for will be placed in areas readily accessible to employees, applicants for Appalachian contracts, when applicable, as specified in Attachment employment and potential employees. A), or e. The contractor's EEO policy and the procedures to imple- b. employ convict labor for any purpose within the limits of the ment such policy will be brought to the attention of employees by project unless it is labor performed by convicts who are on parole, means of meetings, employee handbooks, or other appropriate supervised release, or probation. means. II. NONDISCRIMINATION 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An (Applicable to all Federal -aid construction contracts and to all Equal Opportunity Employer." All such advertisements will be placed Form FHWA -1273 (Rev. 3 -94) Page 1 in publications having a large circulation among minority groups in the minority groups and women within the unions, and to effect referrals area from which the project work force would normally be derived. by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting a. The contractorwill, unless precluded by a valid bargaining as agent will include the procedures set forth below: agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority a. The contractor will use best efforts to develop, in coopera- group applicants. To meet this requirement, the contractor will tion with the unions, joint training programs aimed toward qualifying identify sources of potential minority group employees, and establish more minority group members and women for membership in the with such identified sources procedures whereby minority group unions and increasing the skills of minority group employees and applicants may be referred to the contractor for employment consider- women so that they may qualify for higher paying employment. ation. b. The contractor will use best efforts to incorporate an EEO b. In the event the contractor has a valid bargaining agreement clause into each union agreement to the end that such union will be providing for exclusive hiring hall referrals, he is expected to observe contractually bound to refer applicants without regard to their race, the provisions of that agreement to the extent that the system permits color, religion, sex, national origin, age or disability. the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the c. The contractor is to obtain information as to the referral effect of discriminating against minorities or women, or obligates the practices and policies of the labor union except that to the extent contractor to do the same, such implementation violates Executive such information is within the exclusive possession of the labor union Order 11246, as amended.) and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set c. The contractorwill encourage his present employees to refer forth what efforts have been made to obtain such information. minority group applicants for employment. Information and proce- dures with regard to referring minority group applicants will be d. In the event the union is unable to provide the contractor discussed with employees. with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor 5. Personnel Actions: Wages, working conditions, and employee will, through independent recruitment efforts, fill the employment benefits shall be established and administered, and personnel actions vacancies without regard to race, color, religion, sex, national origin, of every type, including hiring, upgrading, promotion, transfer, age or disability; making full efforts to obtain qualified and /or demotion, layoff, and termination, shall be taken without regard to qualifiable minority group persons and women. (The DOL has held race, color, religion, sex, national origin, age or disability. The that it shall be no excuse that the union with which the contractor has following procedures shall be followed: a collective bargaining agreement providing for exclusive referral a. The contractor will conduct periodic inspections of project failed to refer minority employees.) In the event the union referral sites to insure that working conditions and employee facilities do not practice prevents the contractor from meeting the obligations indicate discriminatory treatment of project site personnel. pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discrimi- 8. Selection of Subcontractors, Procurement of Materials and natory wage practices. Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability c. The contractor will periodically review selected personnel in the selection and retention of subcontractors, including procure - actions in depth to determine whether there is evidence of discrimina- ment of materials and leases of equipment. tion. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may a. The contractor shall notify all potential subcontractors and extend beyond the actions reviewed, such corrective action shall suppliers of his /her EEO obligations under this contract. include all affected persons. b. Disadvantaged business enterprises (DBE), as defined in 49 d. The contractor will promptly investigate all complaints of CFR 23, shall have equal opportunity to compete for and perform alleged discrimination made to the contractor in connection with his subcontracts which the contractor enters into pursuant to this obligations under this contract, will attempt to resolve such com- contract. The contractor will use his best efforts to solicit bids from plaints, and will take appropriate corrective action within a reasonable and to utilize DBE subcontractors or subcontractors with meaningful time. If the investigation indicates that the discrimination may affect minority group and female representation among their employees. persons other than the complainant, such corrective action shall Contractors shall obtain lists of DBE construction firms from SHA include such other persons. Upon completion of each investigation, personnel. the contractor will inform every complainant of all of his avenues of appeal. c. The contractor will use his best efforts to ensure subcontrac- tor compliance with their EEO obligations. 6. Training and Promotion: 9. Records and Reports: The contractor shall keep such records a. The contractor will assist in locating, qualifying, and as necessary to document compliance with the EEO requirements. increasing the skills of minority group and women employees, and Such records shall be retained for a period of three years following applicants for employment. completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the b. Consistent with the contractor's work force requirements and SHA and the FHWA. as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and a. The records kept by the contractor shall document the on- the -job training programs for the geographical area of contract following: performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or (1) The number of minority and non - minority group In the event a special provision for training is provided under members and women employed in each work classification on the this contract, this subparagraph will be superseded as indicated in the project; special provision. (2) The progress and efforts being made in cooperation c. The contractor will advise employees and applicants for with unions, when applicable, to increase employment opportunities employment of available training programs and entrance require- for minorities and women; ments for each. (3) The progress and efforts being made in locating, hiring, d. The contractor will periodically review the training and training, qualifying, and upgrading minority and female employees; promotion potential of minority group and women employees and will and encourage eligible employees to apply for such training and promo- tion. (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful 7. Unions: If the contractor relies in whole or in part upon unions minority and female representation among their employees. as a source of employees, the contractor will use his /her best efforts to obtain the cooperation of such unions to increase opportunities for b. The contractors will submit an annual report to the SHA Page 2 Form FHWA -1273 (Rev. 3 -94) each July for the duration of the project, indicating the number of b. Laborers or mechanics performing work in more than one minority, women, and non- minority group employees currently classification may be compensated at the rate specified for each engaged in each work classification required by the contract work. classification for the time actually worked therein, provided, that the This information is to be reported on Form FHWA -1391. If on -the employer's payroll records accurately set forth the time spent in each job training is being required by special provision, the contractor will classification in which work is performed. be required to collect and report training data. c. All rulings and interpretations of the Davis -Bacon Act and III. NONSEGREGATED FACILITIES related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 2. Classification: a. By submission of this bid, the execution of this contract or a. The SHA contracting officer shall require that any class of subcontract, or the consummation of this material supply agreement laborers or mechanics employed under the contract, which is not or purchase order, as appropriate, the bidder, Federal -aid construc- listed in the wage determination, shall be classified in conformance tion contractor, subcontractor, material supplier, or vendor, as with the wage determination. appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and b. The contracting officer shall approve an additional classifica- that the firm does not permit its employees to perform their services tion, wage rate and fringe benefits only when the following criteria at any location, under its control, where segregated facilities are have been met: maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further (1) the work to be performed by the additional classifica- certifies that no employee will be denied access to adequate facilities tion requested is not performed by a classification in the wage on the basis of sex or disability. determination; b. As used in this certification, the term "segregated facilities" (2) the additional classification is utilized in the area by the means any waiting rooms, work areas, restrooms and washrooms, construction industry; restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, (3) the proposed wage rate, including any bona fide fringe recreation or entertainment areas, transportation, and housing benefits, bears a reasonable relationship to the wage rates contained facilities provided for employees which are segregated by explicit in the wage determination; and directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local (4) with respect to helpers, when such a classification custom, or otherwise. The only exception will be for the disabled prevails in the area in which the work is performed. when the demands for accessibility override (e.g. disabled parking). c. If the contractor or subcontractors, as appropriate, the c. The contractor agrees that it has obtained or will obtain laborers and mechanics (if known) to be employed in the additional identical certification from proposed subcontractors or material classification or their representatives, and the contracting officer suppliers prior to award of subcontracts or consummation of material agree on the classification and wage rate (including the amount supply agreements of $10,000 or more and that it will retain such designated for fringe benefits where appropriate), a report of the certifications in its files. action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards IV. PAYMENT OF PREDETERMINED MINIMUM WAGE Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, (Applicable to all Federal -aid construction contracts exceeding or disapprove every additional classification action within 30 days of $2,000 and to all related subcontracts, except for projects located on receipt and so advise the contracting officer or will notify the contract - roadways classified as local roads or rural minor collectors, which are ing officer within the 30 -day period that additional time is necessary. exempt.) d. In the event the contractor or subcontractors, as appropri- 1. General: ate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do a. All mechanics and laborers employed or working upon the not agree on the proposed classification and wage rate (including the site of the work will be paid unconditionally and not less often than amount designated for fringe benefits, where appropriate), the once a week and without subsequent deduction or rebate on any contracting officer shall refer the questions, including the views of all account [except such payroll deductions as are permitted by interested parties and the recommendation of the contracting officer, regulations (29 CFR 3) issued by the Secretary of Labor under the to the Wage and Hour Administrator for determination. Said Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona Administrator, or an authorized representative, will issue a determine- fide fringe benefits (or cash equivalents thereof) due at time of tion within 30 days of receipt and so advise the contracting officer or payment. The payment shall be computed at wage rates not less will notify the contracting officer within the 30 -day period that than those contained in the wage determination of the Secretary of additional time is necessary Labor (hereinafter "the wage determination ") which is attached hereto and made a part hereof, regardless of any contractual relationship e. The wage rate (including fringe benefits where appropriate) which may be alleged to exist between the contractor or its subcon- determined pursuant to paragraph 2c or 2d of this Section IV shall be tractors and such laborers and mechanics. The wage determination paid to all workers performing work in the additional classification (including any additional classifications and wage rates conformed from the first day on which work is performed in the classification. under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA -1495) shall be posted at all times by the contractor 3. Payment of Fringe Benefits: and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the a. Whenever the minimum wage rate prescribed in the contract purpose of this Section, contributions made or costs reasonably for a class of laborers or mechanics includes a fringe benefit which anticipated for bona fide fringe benefits under Section 1(b)(2) of the is not expressed as an hourly rate, the contractor or subcontractors, Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics as appropriate, shall either pay the benefit as stated in the wage are considered wages paid to such laborers or mechanics, subject to determination or shall pay another bona fide fringe benefit or an the provisions of Section IV, paragraph 3b, hereof. Also, for the hourly case equivalent thereof. purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) b. If the contractor or subcontractor, as appropriate, does not under plans, funds, or programs, which cover the particular weekly make payments to a trustee or other third person, he /she may period, are deemed to be constructively made or incurred during such consider as a part of the wages of any laborer or mechanic the weekly period. Such laborers and mechanics shall be paid the amount of any costs reasonably anticipated in providing bona fide appropriate wage rate and fringe benefits on the wage determination fringe benefits under a plan or program, provided, that the Secretary for the classification of work actually performed, without regard to of Labor has found, upon the written request of the contractor, that skill, except as provided in paragraphs 4 and 5 of this Section IV. the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Form FHWA -1273 (Rev. 3 -94) Page 3 4. Apprentices and Trainees (Programs of the U.S. DOL) and Division determines that there is an apprenticeship program associ- Helpers: ated with the corresponding joumeyman -level wage rate on the wage determination which provides for Tess than full fringe benefits for a. Apprentices: apprentices, in which case such trainees shall receive the same (1) Apprentices will be permitted to work at less than the fringe benefits as apprentices. predetermined rate for the work they performed when they are (4) In the event the Employment and Training Administra- employed pursuant to and individually registered in a bona fide tion withdraws approval of a training program, the contractor or apprenticeship program registered with the DOL, Employment and subcontractor will no longer be permitted to utilize trainees at less Training Administration, Bureau of Apprenticeship and Training, or than the applicable predetermined rate for the work performed until with a State apprenticeship agency recognized by the Bureau, or if a an acceptable program is approved. person is employed in his /her first 90 days of probationary employ- ment as an apprentice in such an apprenticeship program, who is not c. Helpers: individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship Helpers will be permitted to work on a project if the helper agency (where appropriate) to be eligible for probationary employ- classification is specified and defined on the applicable wage ment as an apprentice. determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper (2) The allowable ratio of apprentices to journeyman -level wage rate, who is not a helper under a approved definition, shall be employees on the job site in any craft classification shall not be paid not Tess than the applicable wage rate on the wage determina- greater than the ratio permitted to the contractor as to the entire work tion for the classification of work actually performed. force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise 5. Apprentices and Trainees (Programs of the U.S. DOT): employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of Apprentices and trainees working under apprenticeship and skill work actually performed. In addition, any apprentice performing work training programs which have been certified by the Secretary of on the job site in excess of the ratio permitted under the registered Transportation as promoting EEO in connection with Federal -aid program shall be paid not less than the applicable wage rate on the highway construction programs are not subject to the requirements wage determination for the work actually performed. Where a of paragraph 4 of this Section IV. The straight time hourly wage rates contractor or subcontractor is performing construction on a project in for apprentices and trainees under such programs will be established a locality other than that in which its program is registered, the ratios by the particular programs. The ratio of apprentices and trainees to and wage rates (expressed in percentages of the journeyman -level journeymen shall not be greater than permitted by the terms of the hourly rate) specified in the contractor's or subcontractor's registered particular program. program shall be observed. 6. Withholding: (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of The SHA shall upon its own action or upon written request of progress, expressed as a percentage of the journeyman -level hourly an authorized representative of the DOL withhold, or cause to be rate specified in the applicable wage determination. Apprentices withheld, from the contractor or subcontractor under this contract or shall be paid fringe benefits in accordance with the provisions of the any other Federal contract with the same prime contractor, or any apprenticeship program. If the apprenticeship program does not other Federally- assisted contract subject to Davis -Bacon prevailing specify fringe benefits, apprentices must be paid the full amount of wage requirements which is held by the same prime contractor, as fringe benefits listed on the wage determination for the applicable much of the accrued payments or advances as may be considered classification. If the Administrator for the Wage and Hour Division necessary to pay laborers and mechanics, including apprentices, determines that a different practice prevails for the applicable trainees, and helpers, employed by the contractor or any subcontrac- apprentice classification, fringes shall be paid in accordance with that tor the full amount of wages required by the contract. In the event of determination. failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or (4) In the event the Bureau of Apprenticeship and Training, part of the wages required by the contract, the SHA contracting officer or a State apprenticeship agency recognized by the Bureau, with- may, after written notice to the contractor, take such action as may be draws approval of an apprenticeship program, the contractor or necessary to cause the suspension of any further payment, advance, subcontractor will no longer be permitted to utilize apprentices at less or guarantee of funds until such violations have ceased. than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is 7. Overtime Requirements: approved. No contractor or subcontractor contracting for any part of the b. Trainees: contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, (1) Except as provided in 29 CFR 5.16, trainees will not be trainees, and helpers described in paragraphs 4 and 5 above) shall permitted to work at less than the predetermined rate for the work require or permit any laborer, mechanic, watchman, or guard in any performed unless they are employed pursuant to and individually workweek in which he /she is employed on such work, to work in registered in a program which has received prior approval, evidenced excess of 40 hours in such workweek unless such laborer, mechanic, by formal certification by the DOL, Employment and Training watchman, or guard receives compensation at a rate not less than Administration. one - and - one -half times his /her basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan 8. Violation: approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered Liability for Unpaid Wages; Liquidated Damages: In the event and participating in a training plan approved by the Employment and of any violation of the clause set forth in paragraph 7 above, the Training Administration shall be paid not less than the applicable contractor and any subcontractor responsible thereof shall be liable wage rate on the wage determination for the classification of work to the affected employee for his /her unpaid wages. In addition, such actually performed. In addition, any trainee performing work on the contractor and subcontractor shall be liable to the United States (in job site in excess of the ratio permitted under the registered program the case of work done under contract for the District of Columbia or shall be paid not less than the applicable wage rate on the wage a territory, to such District or to such territory) for liquidated damages. determination for the work actually performed. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in (3) Every trainee must be paid at not less than the rate violation of the clause set forth in paragraph 7, in the sum of $10 for specified in the approved program for his /her level of progress, each calendar day on which such employee was required or permit - expressed as a percentage of the journeyman -level hourly rate ted to work in excess of the standard work week of 40 hours without specified in the applicable wage determination. Trainees shall be payment of the overtime wages required by the clause set forth in paid fringe benefits in accordance with the provisions of the trainee paragraph 7. program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the 9. Withholding for Unpaid Wages and Liquidated Damages: wage determination unless the Administrator of the Wage and Hour Page4 Form FHWA -1273 (Rev. 3 -94) The SHA shall upon its own action or upon written request of any either directly or indirectly from the full wages earned, other than authorized representative of the DOL withhold, or cause to be permissible deductions as set forth in the Regulations, 29 CFR 3; withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other (3) that each laborer or mechanic has been paid not Tess Federal contract with the same prime contractor, or any other that the applicable wage rate and fringe benefits or cash equivalent Federally - assisted contract subject to the Contract Work Hours and for the classification of worked performed, as specified in the Safety Standards Act, which is held by the same prime contractor, applicable wage determination incorporated into the contract. such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and e. The weekly submission of a properly executed certification liquidated damages as provided in the clause set forth in paragraph set forth on the reverse side of Optional Form WH -347 shall satisfy 8 above. the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. V. STATEMENTS AND PAYROLLS _ f. The falsification of any of the above certifications may (Applicable to all Federal -aid construction contracts exceeding subject the contractor to civil or criminal prosecution under 18 U.S.C. $2,000 and to all related subcontracts, except for projects located on 1001 and 31 U.S.C. 231. roadways classified as local roads or rural collectors, which are exempt.) g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- 1. Compliance with Copeland Regulations (29 CFR 3): tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives The contractor shall comply with the Copeland Regulations of the to interview employees during working hours on the job. If the Secretary of Labor which are herein incorporated by reference. contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after 2. Payrolls and Payroll Records: written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any a. Payrolls and basic records relating thereto shall be further payment, advance, or guarantee of funds. Furthermore, maintained by the contractor and each subcontractor during the failure to submit the required records upon request or to make such course of the work and preserved for a period of 3 years from the records available may be grounds for debarment action pursuant to date of completion of the contract for all laborers, mechanics, 29 CFR 5.12. apprentices, trainees, watchmen, helpers, and guards working at the site of the work. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR b. The payroll records shall contain the name, social security 1. On all Federal -aid contracts on the National Highway System, number, and address of each such employee; his or her correct except those which provide solely for the installation of protective classification; hourly rates of wages paid (including rates of contribu- devices at railroad grade crossings, those which are constructed on tions or costs anticipated for bona fide fringe benefits or cash a force account or direct labor basis, highway beautification contracts, equivalent thereof the types described in Section 1(b)(2)(B) of the and contracts for which the total final construction cost for roadway Davis Bacon Act); daily and weekly number of hours worked; and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: deductions made; and actual wages paid. In addition, for Appala- chian contracts, the payroll records shall contain a notation indicating a. Become familiar with the list of specific materials and whether the employee does, or does not, normally reside in the labor supplies contained in Form FHWA -47, "Statement of Materials and area as defined in Attachment A, paragraph 1. Whenever the Labor Used by Contractor of Highway Construction Involving Federal Secretary of Labor, pursuant to Section IV, paragraph 3b, has found Funds," prior to the commencement of work under this contract. that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or b. Maintain a record of the total cost of all materials and program described in Section 1(b)(2)(B) of the Davis Bacon Act, the supplies purchased for and incorporated in the work, and also of the contractor and each subcontractor shall maintain records which show quantities of those specific materials and supplies listed on Form that the commitment to provide such benefits is enforceable, that the FHWA -47, and in the units shown on Form FHWA -47. plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics c. Furnish, upon the completion of the contract, to the SHA affected, and show the cost anticipated or the actual cost incurred in resident engineer on Form FHWA -47 together with the data required providing benefits. Contractors or subcontractors employing in paragraph 1 b relative to materials and supplies, a final labor apprentices or trainees under approved programs shall maintain summary of all contract work indicating the total hours worked and written evidence of the registration of apprentices and trainees, and the total amount earned. ratios and wage rates prescribed in the applicable programs. 2. At the prime contractor's option, either a single report covering c. Each contractor and subcontractor shall furnish, each week all contract work or separate reports for the contractor and for each in which any contract work is performed, to the SHA resident subcontract shall be submitted. engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- VII. SUBLETTING OR ASSIGNING THE CONTRACT graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set 1. The contractor shall perform with its own organization contract out accurately and completely all of the information required to be work amounting to not less than 30 percent (or a greater percentage maintained under paragraph 2b of this Section V. This information if specified elsewhere in the contract) of the total original contract may be submitted in any form desired. Optional Form WH -347 is price, excluding any specialty items designated by the State. available for this purpose and may be purchased from the Superin- Specialty items may be performed by subcontract and the amount of tendent of Documents (Federal stock number 029 - 005 - 0014 -1), U.S. any such specialty items performed may be deducted from the total Government Printing Office, Washington, D.C. 20402. The prime original contract price before computing the amount of work required contractor is responsible for the submission of copies of payrolls by to be performed by the contractor's own organization (23 CFR 635). all subcontractors. a. "Its own organization" shall be construed to include only d. Each payroll submitted shall be accompanied by a "State- workers employed and paid directly by the prime contractor and ment of Compliance," signed by the contractor or subcontractor or equipment owned or rented by the prime contractor, with or without his /her agent who pays or supervises the payment of the persons operators. Such term does not include employees or equipment of employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made Form FHWA -1273 (Rev. 3 -94) Pages a subcontractor, assignee, or agent of the prime contractor. quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof b. "Specialty Items" shall be construed to be limited to work in connection with the submission of plans, maps, specifications, that requires highly specialized knowledge, abilities, or equipment not contracts, or costs of construction on any highway or related project ordinarily available in the type of contracting organizations qualified submitted for approval to the Secretary of Transportation; or and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. Whoever knowingly makes any false statement, false representa- tion, false report or false claim with respect to the character, quality, 2. The contract amount upon which the requirements set forth in quantity, or cost of any work performed or to be performed, or paragraph 1 of Section VII is computed includes the cost of material materials fumished or to be furnished, in connection with the and manufactured products which are to be purchased or produced construction of any highway or related project approved by the by the contractor under the contract provisions. Secretary of Transportation; or 3. The contractor shall furnish (a) a competent superintendent or Whoeverknowingly makes any false statement or false representa- supervisor who is employed by the firm, has full authority to direct tion as to material fact in any statement, certificate, or report performance of the work in accordance with the contract require- submitted pursuant to provisions of the Federal -aid Roads Act ments, and is in charge of all construction operations (regardless of approved July 1, 1916, (39 Stet. 355), as amended and supple - who performs the work) and (b) such other of its own organizational mented; resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the Shall be fined not more that $10,000 or imprisoned not more than performance of the contract. 5 years or both." 4. No portion of the contract shall be sublet, assigned or otherwise X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL disposed of except with the written consent of the SHA contracting WATER POLLUTION CONTROL ACT officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility (Applicable to all Federal -aid construction contracts and to all related for the fulfillment of the contract. Written consent will be given only subcontracts of $100,000 or more.) after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements By submission of this bid or the execution of this contract, or of the prime contract. subcontract, as appropriate, the bidder, Federal -aid construction • contractor, or subcontractor, as appropriate, will be deemed to have VIII. SAFETY: ACCIDENT PREVENTION stipulated as follows: 1. In the performance of this contract the contractor shall comply 1. That any facility that is or will be utilized in the performance of this with all applicable Federal, State, and local laws governing safety, contract, unless such contract is exempt under the Clean Air Act, as health, and sanitation (23 CFR 635). The contractor shall provide all amended (42 U.S.C. 1857 et seg. as amended by Pub.L. 91 -604), safeguards, safety devices and protective equipment and take any and under the Federal Water Pollution Control Act, as amended (33 other needed actions as it determines, or as the SHA contracting U.S.C. 1251 et seg. as amended by Pub.L. 92 -500), Executive Order officer may determine, to be reasonably necessary to protect the life 11738, and regulations in implementation thereof (40 CFR 15) is not and health of employees on the job and the safety of the public and listed, on the date of contract award, on the U.S. Environmental to protect property in connection with the performance of the work Protection Agency (EPA) List of Violating Facilities pursuant to 40 covered by the contract. CFR 15.20. 2. It is a condition of this contract, and shall be made a condition 2. That the firm agrees to comply and remain in compliance with all of each subcontract, which the contractor enters into pursuant to this the requirements of Section 114 of the Clean Air Act and Section 308 contract, that the contractor and any subcontractor shall not permit of the Federal Water Pollution Control Act and all regulations and any employee, in performance of the contract, to work in surround- guidelines listed thereunder. ings or under conditions which are unsanitary, hazardous or danger- ous to his /her health or safety, as determined under construction 3. That the firm shall promptly notify the SHA of the receipt of any safety and health standards (29. CFR 1926) promulgated by the communication from the Director, Office of Federal Activities, EPA, Secretary of Labor, in accordance with Section 107 of the Contract indicating that a facility that is or will be utilized for the contract is Work Hours and Safety Standards Act (40 U.S.C. 333). under consideration to be listed on the EPA List of Violating Facilities. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that 4. That the firm agrees to include or cause to be included the the Secretary of Labor or authorized representative thereof, shall requirements of paragraph 1 through 4 of this Section X in every have right of entry to any site of contract performance to inspect or nonexempt subcontract, and further agrees to take such action as the investigate the matter of compliance with the construction safety and government may direct as a means of enforcing such requirements. health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, (40 U.S.C. 333). INELIGIBILITY AND VOLUNTARY EXCLUSION IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 1. Instructions for Certification - Primary Covered Transac- tions: In order to assure high quality and durable construction in confor- mity with approved plans and specifications and a high degree of (Applicable to all Federal -aid contracts - 49 CFR 29) reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, a. By signing and submitting this proposal, the prospective it is essential that all persons concerned with the project perform their primary participant is providing the certification set out below. functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts b. The inability of a person to provide the certification set out related to the project is a violation of Federal law. To prevent any below wit not necessarily result in denial of participation in this misunderstanding regarding the seriousness of these and similar covered transaction. The prospective participant shall submit an acts, the following notice shall be posted on each Federal -aid explanation of why it cannot provide the certification set out below. highway project (23 CFR 635) in one or more places where it is The certification or explanation will be considered in connection with readily available to all persons concerned with the project: the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID to furnish a certification or an explanation shall disqualify such a HIGHWAY PROJECTS person from participation in this transaction. 18 U.S.C. 1020 reads as follows: c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or "Whoever, being an officer, agent, or employee of the United agency determined to enter into this transaction. If it is later deter - States, or of any State or Territory, or whoever, whether a person, mined thatthe prospective primary participant knowingly rendered an association, firm, or corporation, knowingly makes any false state- erroneous certification, in addition to other remedies available to the ment, false representation, or false report as to the character, quality, Federal Government, the department or agency may terminate this Page 6 Form FHWA -1273 (Rev. 3 -94) transaction for cause of default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Primary Covered Transactions d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is 1. The prospective primary participant certifies to the best of its submitted if any time the prospective primary participant learns that knowledge and belief, that it and its principals: its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered e. The terms "covered transaction," "debarred," "suspended," transactions by any Federal department or agency; "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," " principal," "proposal," and "voluntarily b. Have not within a 3 -year period preceding this proposal excluded," as used in this clause, have the meanings set out in the been convicted of or had a civil judgement rendered against them for Definitions and. Coverage sections of rules implementing Executive commission of fraud or a criminal offense in connection with obtain - Order 12549. You may contact the department or agency to which ing, attempting to obtain, or performing a public (Federal, State or this proposal is submitted for assistance in obtaining a copy of those local) transaction or contract under a public transaction; violation of regulations. Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making f. The prospective primary participant agrees by submitting this false statements, or receiving stolen property; proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transac- c. Are not presently indicted for or otherwise criminally or civilly tion with a person who is debarred, suspended, declared ineligible, charged by a governmental entity (Federal, State or local) with or voluntarily excluded from participation in this covered transaction, commission of any of the offenses enumerated in paragraph 1 b of unless authorized by the department or agency entering into this this certification; and transaction. d. Have not within a 3 -year period preceding this applica- g. The prospective primary participant further agrees by tion /proposal had one or more public transactions (Federal, State or submitting this proposal that it will include the clause titled "Certifica- local) terminated for cause or default. tion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the 2. Where the prospective primary participant is unable to certify to department or agency entering into this covered transaction, without any of the statements in this certification, such prospective participant- modification, in all lower tier covered transactions and in all solicita- shall attach an explanation to this proposal. tions for lower tier covered transactions. k It k k h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily 2. Instructions for Certification - Lower Tier Covered Transac- excluded from the covered transaction, unless it knows that the tions: certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each (Applicable to all subcontracts, purchase orders and other lower participant may, but is not required to, check the nonprocurement tier transactions of $25,000 or more - 49 CFR 29) portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is a. By signing and submitting this proposal, the prospective compiled by the General Services Administration. lower tier is providing the certification set out below. i. Nothing contained in the foregoing shall be construed to b. The certification in this clause is a material representation require establishment of a system of records in order to render in of fact upon which reliance was placed when this transaction was good faith the certification required by this clause. The knowledge entered into. If it is later determined that the prospective lower tier and information of participant is not required to exceed that which is participant knowingly rendered an erroneous certification, in addition normally possessed by a prudent person in the ordinary course of to other remedies available to the Federal Govemment, the depart- business dealings. ment, or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly c. The prospective lower tier participant shall provide immedi- enters into a lower tier covered transaction with a person who is ate written notice to the person to which this proposal is submitted if suspended, debarred, ineligible, or voluntarily excluded from at any time the prospective lower tier participant leams that its participation in this transaction, in addition to other remedies available certification was erroneous by reason of changed circumstances. to the Federal Government, the department or agency may terminate this transaction for cause or default. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," * * * * "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certifica- tion 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. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and Form FHWA -1273 (Rev. 3 -94) Page 7 frequency by which it determines the eligibility of its principals. Each XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS participant may, but is not required to, check the Nonprocurement FOR LOBBYING List. h. Nothing contained in the foregoing shall be construed to related ppto all Federal-aid constructio acts which exceed $100,000 49 CFR contracts to all require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge 1. The prospective participant certifies, by signing and submitting and information of participant is not required to exceed that which is this bid or proposal, to the best of his or her knowledge and belief, normally possessed by a prudent person in the ordinary course of that: business dealings. a. No Federal appropriated funds have been paid or will be i. Except for transactions authorized under paragraph e of paid, by or on behalf of the undersigned, to any person for influencing these instructions, if a participant in a covered transaction knowingly or attempting to influence an officer or employee of any Federal enters into a lower tier covered transaction with a person who is agency, a Member of Congress, an officer or employee of Congress, suspended, debarred, ineligible, or voluntarily excluded from or an employee of a Member of Congress in connection with the participation in this transaction, in addition to other remedies available awarding of any Federal contract, the making of any Federal grant, to the Federal Government, the department or agency with which this the making of any Federal loan, the entering into of any cooperative transaction originated may pursue available remedies, including agreement, and the extension, continuation, renewal, amendment, or suspension and /or debarment. modification of any Federal contract, grant, loan, or cooperative agreement. * * * * * b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting Certification Regarding Debarment, Suspension, Ineligibility to influence an officer or employee of any Federal agency, a Member and Voluntary Exclusion - -Lower Tier Covered Transactions: of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, 1. The prospective lower tier participant certifies, by submission of loan, or cooperative agreement, the undersigned shall complete and this proposal, that neither it nor its principals is presently debarred, submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in suspended, proposed for debarment, declared ineligible, or volun- accordance with its instructions. tarily excluded from participation in this transaction by any Federal department or agency. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. 2. Where the prospective lower tier participant is unable to certify Submission of this certification is a prerequisite for making or entering to any of the statements in this certification, such prospective into this transaction imposed by 31 U.S.C. 1352. Any person who participant shall attach an explanation to this proposal. fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such * * * ** failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Page 8 Form FHWA -1273 (Rev. 3 -94) ATTACHMENT A - EMPLOYMENT PREFERENCE FOR (c) the date on which he estimates such employees will be required, APPALACHIAN CONTRACTS and (d) any other pertinent information required by the State Employ - (Applicable to Appalachian contracts only.) ment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. 1. During the performance of this contract, the contractor under- If during the course of the contract work, the information submitted by taking to do work which is, or reasonably may be, done as on -site the contractor in the original job order is substantially modified, he work, shall give preference to qualified persons who regularly reside shall promptly notify the State Employment Service. in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State 3. The contractor shall give full consideration to all qualified job wherein the contract work is situated, except: applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants a. To the extent that qualified persons regularly residing in who, in his opinion, are not qualified to perform the classification of the area are not available. work required. b. For the reasonable needs of the contractor to employ 4. If, within 1 week following the placing of a job order by the supervisory or specially experienced personnel necessary to assure contractor with the State Employment Service, the State Employment an efficient execution of the contract work. Service is unable to refer any qualified job applicants to the contrac- tor, or less than the number requested, the State Employment c. For the obligation of the contractor to offer employment to Service will forward a certificate to the contractor indicating the present or former employees as the result of a lawful collective unavailability of applicants. Such certificate shall be made a part of bargaining contract, provided that the number of nonresident persons the contractor's permanent project records. Upon receipt of this employed under this subparagraph 1c shall not exceed 20 percent of certificate, the contractor may employ persons who do not normally the total number of employees employed by the contractor on the reside in the labor area to fill positions covered by the certificate, contract work, except as provided in subparagraph 4 below. notwithstanding the provisions of subparagraph lc above. 2. The contractor shall place a job order with the State Employ- 5. The contractor shall include the provisions of Sections 1 ment Service indicating (a) the classifications of the laborers, through 4 of this Attachment A in every subcontract for work which is, mechanics and other employees required to perform the contract or reasonably may be, done as on -site work. work, (b) the number of employees required in each classification, Form FHWA -1273 (Rev. 3 -94) Page 9 ■ 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: 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 21, hereinafter referred to as the Regulations [also 49 CFR Part 27] ), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the grounds of race, color, national origin, or sex in the selection and retention of subcontractors including procurement of material and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practice 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 bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin or sex. 4. Information and Reports: The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the 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 information, the Contractor shall so certify to the State Department of Transpiration, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Page 1 of 2 AED Traffic Engineering LED Replacement Project 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. withholding of payments to the Contactor under the contract until the Contractor complies, and /or b. cancellation, termination or suspension of this contract, in whole or in part. 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. Page 2 of 2 AED Traffic Engineering 18449 Rules and Regulations Federal Register Vol. 74, No. 77 Thursday, April 23, 2009 This section of the FEDERAL REGISTER that apply to certain projects; and to I. Background contains regulatory documents having general ensure proper accounting and reporting A. Section 1512(c) of the American are applicability and codified i the Code of audits. of Recovery Act expenditures in single audits. Recovery and Reinvestment Act of 2009 Federal Regulations, which is published under (Pub. L. 111 - hereafter referred to as 50 titles pursuant to 44 U.S.C. 1510. DATES This document is effective Apr "the Recovery Act" or "the Act ") 23, 2009. To be considered in requires, as a condition of receipt of The Code of Federal Regulations is sold by preparation of the final guidance, funds, quarterly reporting on the use of the Superintendent of Documents. Prices of comments on the interim final guidance funds. The data elements proposed for new books are listed in the first FEDERAL must be received by no later than June reporting the information described in REGISTER issue of each week. 22, 2009. section 1512(c) were published in the ADDRESSES: Due to potential delays in Federal Register on April 1, 2009 (74 FR OFFICE OF MANAGEMENT AND OMB's receipt and processing of mail 14824]. An entity that receives BUDGET sent through the U.S. Postal Service, we assistance funding under the Recovery encourage respondents to submit Act must report information including, 2 CFR Part 176 comments electronically to ensure but not limited to, timely receipt. We cannot guarantee that i. The total amount of recovery funds Requirements for Implementing comments mailed will be received received from that agency; Sections 1512, 1605, and 1606 of the before the comment closing date. ii. The amount of recovery funds American Recovery and Reinvestment Comments may be sent to via http: // received that were expended or Act of 2009 for Financial Assistance www.regulations.gov —a Federal obligated to projects or activities; and Awards E- Government Web site that allows the iii. A detailed list of all projects or public to find, review, and submit activities for which recovery funds were AGENCY: Office of Federal Financial comments on documents that agencies expended or obligated, including — Management, Office of Management and have published in the Federal Register 1. The name of the project or activity; Budget (OMB). and that are open for comment. Simply 2. A description of the project or ACTION: Interim final guidance. type "Recovery Act Guidance" (in activity; quotes) in the Comment or Submission 3. An evaluation of the completion SUMMARY: The Office of Federal search box, click Go, and follow the status of the project or activity; Financial Management (OFFM) is instructions for submitting comments. 4. An estimate of the number of jobs establishing Governmentwide guidance Comments received by the date created and the number of jobs retained and standard award terms for a specified above will be included as part by the project or activity; and to include in financial assistance awards of the official record. 5. For infrastructure investments (namely, grants, cooperative agreements, Electronic mail comments may also be made by State and local governments, and loans) as part of their submitted to: Marguerite Pridgen at the purpose, total cost, and rationale of implementation of sections 1512, and mpridgen @omb.eop.gov. Please include the agency for funding the infrastructure 1605, and 1606 of the American "Recovery Act Guidance" in the subject investment with funds made available Recovery and Reinvestment Act of 2009 line and the full body of your comments under this Act, and name of the person (Pub. L. 111 - 5). This guidance does not in the text of the electronic message and to contact at the agency if there are cover all award terms that may be not as an attachment. Please include concerns with the infrastructure needed on financial assistance awards name, title, organization, postal investment. funded directly or assisted by the address, telephone number, and e mail iv. Detailed information on any Federal Government under the Recovery address in the text of the message. subcontracts or subgrants awarded by Act. The focus of this guidance is on Comments may also be submitted via the recipient to include the data implementing Recovery Act provisions facsimile to (202) 395 - 3952. elements required to comply with the that may require greater clarification in Comments may be mailed to Federal Funding Accountability and order to foster consistent application Marguerite Pridgen, Office of Federal Transparency Act of 2006, as amended across the Federal Government. Under Financial Management, Office of (Pub. L. 109 -282, hereafter referred to as the interim final guidance, agencies Management and Budget, Room 6025, "the Transparency Act "), allowing would use the standard award terms in New Executive Office Building, aggregate reporting on awards below their financial assistance awards to Washington, DC 20503. $25,000 or to individuals, as prescribed require recipients and subrecipients All responses will be summarized and by the Director of the Office of (first -tier that are not individuals) to included in the request for OMB Management and Budget. The maintain current registrations in the approval. Transparency Act identifies specific Central Contractor Registration (CCR) data elements that the Web site require recipients to report FOR FURTHER INFORMATION CONTACT database; to re q p p Mar Marguerite Pridgen, Office of Federal (USAspending.gov) must include for quarterly on project or activity status, Financial Mana Office of each Federal award and authorizes OMB subgrant and subcontract information; Management, to specify additional elements for other to notify recipients of the domestic Management and Budget, telephone fY P relevant information. A 2008 sourcing ( "Buy American ") (202) 395 - 7844 (direct) or (202) 395 amendment to the Transparency Act requirements that apply to certain iron, 3993 (main office) and e -mail: re q pp y Mar uerite_E._Prid en @omb.eo ov. called the "Government Funding steel and manufactured goods; to notify g g p.g Transparency Act of 2008" (Pub. L. recipients of the wage rate requirements SUPPLEMENTARY INFORMATION: 110 -252) added a requirement to collect 18450 Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 /Rules and Regulations compensation information on certain specified exemptions applies. The Act Grants, Cooperative agreements, Loans, chief executive officers (CEOs) of the provides that this requirement be Recovery Act, Wage rate. recipient and subrecipient entity. An applied in a manner consistent with Danny Werfel, entity that receives assistance funding U.S. obligations under international Deputy Controller. under the Recovery Act must report agreements. Definitions of P information Transpar Transparency required ct including, "manufactured but not and public work," and o ther to r terms Office t of Management and Budget p g and publi wor," ad other tems as limited to, amends 2 CFR chapter I by adding part they pertain to the Buy American 1. The name of the entity receiving guidance in 2 CFR part 176 are found 176 to read as follows: the award; in § 176.140 and § 176.160. PART 176 —AWARD TERMS FOR 2. The amount of the award; 3. The transaction type; D. Section 1606 of the Recovery Act ASSISTANCE AGREEMENTS THAT 4. The funding agency; requires the payment of Davis -Bacon INCLUDE FUNDS UNDER THE 5. The Catalog of Federal Domestic Act (40 U.S.C. 31) wage rates to AMERICAN RECOVERY AND Assistance number; "laborers and mechanics employed by REINVESTMENT ACT OF 2009, PUBLIC 6. The program source; contractors and subcontractors on LAW 111 -5 7. The location of the entity receiving projects funded directly by or assisted Sec. the award, including four data elements in whole or in part by and through the 176.10 Purpose of this part. for the city, State, Congressional district, Federal Government" pursuant to the 176.20 Agency responsibilities (general). and country; Recovery Act. 176.30 Definitions. 8. The location of the primary place of performance under the award, E. To maximize the transparency and Subpart A — Reporting and Registration including four data elements for the accountability of funds authorized Requirements under Section 1512 of the city, State, Congressional district, and under the Recovery Act as required by American Recovery and Reinvestment Act country; Congress and in accordance with 2 CFR of 2009 9. A unique identifier of the entity 215.21, "Uniform Administrative 176.40 Procedure. the award; 176 Award term — Reporting and receiving Requirements for Grants and registration requirements under section 10. A unique identifier of the parent Agreements With Institutions of Higher 1512 of the Recovery Act. entity of the recipient, should the Education, Hospitals, and other Non - recipient be owned by another entity; Profit Organizations" and OMB Circular Subpart B — Buy American Requirement provisions, Under Section 1605 of the American and A - 102 Common Rules Recovery and Reinvestment Act of 2009 11. The names and total p compensation of the five most highly recipients agree to maintain records that 176.60 Statutory requirement. identify adequately the source and 176.70 Policy. officers of the company if application of Recovery Act funds. 176.80 Exceptions. it received (1) 80% or more of its annual Guidance and an award term are 176.90 Non application to acquisitions gross revenues in Federal awards; and (2) $25M or more in annual gross provided in part 176 to help ensure that covered under international agreements. recipients understand their 176 Timely determination concerning revenue from Federal awards. P the inapplicability of section 1605 of the B. Section 1512(h) of the Recovery responsibilities with respect to tracking, g, Recovery Act. Act requires recipients of Recovery Act accounting and reporting transactions 176.110 Evaluating proposals of foreign funds, including those receiving funds during the award and in preparing audit iron, steel, and /or manufactured goods. directly from the Federal Government, documentation and reports in 176.120 Determinations on late requests. to register in the Central Contractor accordance with OMB Circular A -133, 176.130 Noncompliance. Registration (CCR) database at http: // if applicable. 176.140 Award term — Required Use of www.ccr.gov. Because recipients must American Iron, Steel, and Manufactured report information on their first tier II. Next Ste Goods — Section 1605 of the American Recovery and Reinvestment Act of 2009. contracts and awards, 2 CFR part 176 We will consider all comments 176.150 Notice of Required Use of would establish a requirement for received on the interim final version of American Iron, Steel, and Manufactured subrecipient registration in the CCR as the OMB guidance as we develop the Goods Section 1605 of the American a way to help ensure consistent Recovery and Reinvestment Act of 2009. final guidance. Federal agencies that uired Use of 176.160 Award term of data about each entity and award grants, cooperative agreements, American Iron, Steel, and Manufactured thereby make the data more useful to and other financial assistance awards Goods (covered under International the public. Without the requirement, will immediately implement this Agreements) Section 1605 of the multiple recipients doing business with interim final guidance through the American Recovery and Reinvestment the same entity may use different Act of 2009. variations of the entity's name, address, appropriate award terms. The award 176.170 Notice of Required Use of or parent organization when they each terms o n awards made while this American Iron, Steel, and Manufactured report on their awards to the entity. It interim final version of this guidance is Goods (covered under International should be noted that in order to register in effect do not need to be modified to Agreements) Section 1605 of the in CCR, a valid Data Universal reflect any modified award terms in the American Recovery and Reinvestment Numbering System (DUNS) Number is final guidance unless specifically Act of 2009. required. required in the final guidance. Appendix to Subpart B of Part 176 —U.S. C. Section 1605 of the Recovery Act List of Subjects in 2 CFR Part 176 States, Other Sub - Federal Entities, and Other requires that projects, funded by the Entities Subject to U.S. Obligations Under Recovery Act, for the construction, Assistance awards, Authorized agency International Agreements alteration, maintenance, or repair of a action official, Award officials, Buy Subpart C — Wage Rate Requirements Under public building or public work use American, Classified, Davis -Bacon Act, Section 1606 of the American Recovery and American iron, steel, and manufactured Reinvestment Act of 2009 goods in the project unless one of the 176.180 Procedure. Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 /Rules and Regulations 18451 176.190 Award term — Wage Rate Award means any grant, cooperative Federal awarding agency. Guidance on Requirements under Section 1606 of the agreement or loan made with Recovery distinguishing between a subrecipient American Recovery and Reinvestment Act funds. Award official means a and a vendor is provided in .210 Act of 2009. person with the authority to enter into, of OMB Circular A -133. § Subpart D Single Audit Information for administer, and /or terminate financial Recipients of Recovery Act Funds assistance awards and make related Subpart A— Reporting and Registration 176.200 Procedure. determinations and findings. Requirements Under Section 1512 of 176.210 Award term — Recovery Act Classified or "classified information" the American Recovery and Transactions listed in Schedule of means any knowledge that can be Reinvestment Act of 2009 Expenditures of Federal Awards and communicated or any documentary Recipient Responsibilities for Informing material, regardless of its physical form §176.40 Procedure. Subrecipients. or characteristics, that— The award official shall insert the Authority: American Recovery and (1)(i) Is owned by, is produced by or standard award term in this Subpart in Reinvestment Act of 2009, Public Law 111 for, or is under the control of the United all awards funded in whole or in part 5; Federal Funding Accountability and States Government; or with Recovery Act funds, except for Transparency Act of 2006, (Pub. L. 109 - 282), (ii) Has been classified by the those that are classified, awarded to as amended. Department of Energy as privately individuals, or awarded under § 176.10 Purpose of this part. generated restricted data following the mandatory and entitlement programs, This part e Federal procedures in 10 CFR 1045.21; and except as specifically required by OMB, Governme establishes sta award terms for (2) Must be protected against or expressly exempted from the financial assistance awards, namely, unauthorized disclosure according to reporting requirement in the Recovery grants, cooperative aand Executive Order 12958, Classified Act. g g loans, implement National Security Information, April 17, , to to im im requirements of the the agreements, American n s, an the crss cross-cutting Recovery 1995, or classified in accordance with § 176.50 Award term — Reporting and and Reinvestment Act of 2009, Public the Atomic Energy Act o f 1954 registration requirements under section Recipient means any entity other than 1512 of the Recovery Act. Law 111 -5 (Recovery Act). These an individual that receives Recovery Act Agencies are responsible for ensuring cooperative g p g requirements are cross - cutting in that funds in the form of a apply to more than one agency's � p that their recipients report information they pp y agreement or loan directly from the required under the Recovery Act in a awards. Federal Government. Recovery funds or Recovery Act funds timely manner. The following award § 176.20 Agency responsibilities (general). Y Y term shall be used by agencies to are funds made available through the (a) In any assistance award funded in implement the recipient reporting and whole or in part by the Recovery Act, appropriations of the American registration requirements in section the award official shall indicate that the Recovery and Reinvestment Act of 2009, 1512: award is being made under the Recovery Public Law 111 -5. Subaward means— Act, and indicate what projects and /or (a) This award requires the recipient (1) A legal instrument to provide to complete projects or activities which activities are being funded under the support for the performance of any are funded under the American Recovery Act. This requirement applies portion of the substantive project or Recovery and Reinvestment Act of 2009 whenever Recovery Act funds are used, program for which the recipient (Recovery Act) and to report on use of regardless of the assistance type. received this award and that the Recovery Act funds provided through (b) To maximize transparency of recipient awards to an eligible this award. Information from these Recovery Act funds required for subrecipient; reports will be made available to the reporting by the assistance recipient, the (2) The term does not include the public. award official shall consider structuring recipient's procurement of property and (b) The reports are due no later than assistance awards to allow for separately services needed to carry out the project ten calendar days after each calendar tracking Recovery Act funds. or program (for further explanation, see quarter in which the recipient receives (c) Award officials shall ensure that §_ .210 of the attachment to OMB the assistance award funded in whole or recipients comply with the Recovery Circular A -133, "Audits of States, Local in part by the Recovery Act. Act requirements of Subpart A. If the Governments, and Non - Profit recipient fails to comply with the Organizations "). OMB Circular A -133 is (c) Recipients and their first tier recipients must maintain current tePms, award official o�otheraward available at http: / /www.whitehouse.gov/ regisstratio s in the Central Contractor omb /circulars /a133/a133.htm1. Registration (http://www.ccr.gov) agency action official shall (3) A subaward may be provided g P u'•ccr.gov) at all take the appropriate enforcement or through any legal agreement, includin times during which they have active termination action in accordance with 2 an agreement that the recipient or a g federal awards funded with Recovery CFR 215,62 or the agency's subrecipient considers a contract. Act funds. A Dun and Bradstreet Data implementation of the OMB Circular A- Subcontract means a legal instrument Universal Numbering System (DUNS) 102 grants management common rule. used by a recipient for procurement of Number (http: / /www.dnb.com) is one of OMB Circular A -102 is available at property and services needed to carry the requirements for registration in the http: / /www.whitehouse.gov /omb/ out the project or program. Central Contractor Registration. circulars/a102/a102.html. Subrecipient or Subawardee means a (d) The recipient shall report the (d) The award official shall make the non - Federal entity that expends Federal information described in section 1512(c) recipient's failure to comply with the awards received from a pass- through of the Recovery Act using the reporting reporting requirements a part of the entity to carry out a Federal program, instructions and data elements that will recipient's performance record. but does not include an individual that be provided online at http: // is a beneficiary of such a program. A www.FederalReporting.gov and ensure § 176.30 Definitions. subrecipient may also be a recipient of that any information that is pre -filled is As used in this part— other Federal awards directly from a corrected or updated as needed. 18452 Federal Register /Vol. 74, No. 77 / Thursday, April 23, 2009 /Rules and Regulations Subpart B —Buy American Buy American requirements for iron, shall be applied in a manner consistent Requirement Under Section 1605 of the steel, and manufactured goods. with U.S. obligations under American Recovery and Reinvestment international agreements. Act of 2009 § 176.80 Exception (a) The Buy American requirement set (a) When one of the following out in § 176.70 shall not be applied § 176.60 Statutory requirement. exceptions applies in a case or category where the iron, steel, or manufactured Section 1605 of the Recovery Act of cases, the award official may allow goods used in the project are from a prohibits use of recovery funds for a the recipient to use foreign iron, steel Party to an international agreement, project for the construction, alteration, and /or manufactured goods in the listed in paragraph (b)(2) of this section, maintenance, or repair of a public project without regard to the restrictions and the recipient is required under an building or public work unless all of the of section 1605 of the Recovery Act: international agreement, described in iron, steel, and manufactured goods (1) Nonavailability. The head of the the appendix to this subpart, to treat the used in the project are produced in the Federal department or agency may goods and services of that Party the United States. The law requires that this determine that the iron, steel or relevant same as domestic goods and services. prohibition be applied in a manner manufactured good is not produced or This obligation shall only apply to consistent with U.S. obligations under manufactured in the United States in projects with an estimated value of international agreements, and it sufficient and reasonably available $7,443,000 or more and projects that are provides for waiver under three commercial quantities of a satisfactory not specifically excluded from the circumstances: quality. The determinations of application of those agreements. (a) Iron, steel, or relevant nonavailability of the articles listed at (b) The international agreements that manufactured goods are not produced in 48 CFR 25.104(a) and the procedures at obligate recipients that are covered the United States in sufficient and 48 CFR 25.103(b)(1) also apply if any of under an international agreement to reasonably available quantities and of a those articles are manufactured goods treat the goods and services of a Party satisfactory quality; needed in the project. the same as domestic goods and services (b) Inclusion of iron, steel, or (2) Unreasonable cost. The head of and the respective Parties to the manufactured goods produced in the the Federal department or agency may agreements are: United States will increase the cost of determine that the cost of domestic iron, (1) The World Trade Organization the overall project by more than 25 steel, or relevant manufactured goods Government Procurement Agreement percent; or will increase the cost of the overall (Aruba, Austria, Belgium, Bulgaria, (c) Applying the domestic preference project by more than 25 percent in Canada, Cyprus, Czech Republic, would be inconsistent with the public accordance with § 176.110. Denmark, Estonia, Finland, France, interest. (3) Inconsistent with public interest. Germany, Greece, Hong Kong, Hungary, The head of the Federal department or Iceland, Ireland, Israel, Italy, Japan, § 176.70 Policy. agency may determine that application Korea (Republic of), Latvia, Except as provided in § 176.80 or of the restrictions of section 1605 of the Liechtenstein, Lithuania, Luxembourg, § 176.90— Recovery Act would be inconsistent Malta, Netherlands, Norway, Poland, (a) None of the funds appropriated or with the public interest. Portugal, Romania, Singapore, Slovak otherwise made available by the (b) When a determination is made for Republic, Slovenia, Spain, Sweden, Recovery Act may be used for a project any of the reasons stated in this section Switzerland, and United Kingdom); for the construction, alteration, that certain foreign iron, steel, and /or (2) The following Free Trade maintenance, or repair of a public manufactured goods may be used— Agreements: building or public work (see definitions (1) The award official shall list the (i) Dominican Republic - Central at §§ 176.140 and 176.160) unless— excepted materials in the award; and America- United States Free Trade (1) The public building or public (2) The head of the Federal Agreement (Costa Rica, Dominican work is located in the United States; and department or agency shall publish a Republic, El Salvador, Guatemala, (2) All of the iron, steel, and notice in the Federal Register within Honduras, Nicaragua); manufactured goods used in the project two weeks after the determination is (ii) North American Free Trade are produced or manufactured in the made, unless the item has already been Agreement (NAFTA) (Canada and United States. determined to be domestically Mexico); (i) Production in the United States of nonavailable. A list of items that are not (iii) United States - Australia Free the iron or steel used in the project domestically available is at 48 CFR Trade Agreement; requires that all manufacturing 25.104(a). The Federal Register notice (iv) United States - Bahrain Free Trade processes must take place in the United or information from the notice may be Agreement; States, except metallurgical processes posted by OMB to Recovery.gov. The (v) United States -Chile Free Trade involving refinement of steel additives. notice shall include— Agreement; These requirements do not apply to iron (i) The title "Buy American Exception (vi) United States - Israel Free Trade or steel used as components or under the American Recovery and Agreement; subcomponents of manufactured goods Reinvestment Act of 2009 "; (vii) United States - Morocco Free used in the project. (ii) The dollar value and brief Trade Agreement; (ii) There is no requirement with description of the project; and (viii) United States Oman Free Trade regard There to the ono requirement qu components or (iii) A detailed written justification as Agreement; subcomponents in manufactured goods g , (ix) United States Peru Trade to why the restriction is being waived Promotion Agreement; and used in the project, as long as the § 176.90 Non - application to acquisitions (x) United States - Singapore Free manufacturing occurs in the United covered under international agreements. Trade Agreement. States. Acquisitions covered by international (3) United States - European (b) Paragraph (a) of this section shall agreements. Section 1605(d) of the Communities Exchange of Letters (May not apply where the Recovery Act Recovery Act provides that the Buy 15, 1995): Austria, Belgium, Bulgaria, requires the application of alternative American requirement in section 1605 Cyprus, Czech Republic, Denmark, Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Rules and Regulations 18453 Estonia, Finland, France, Germany, to use such foreign iron, steel, and /or taken to cover costs associated with Greece, Hungary, Ireland, Italy, Latvia, manufactured goods as follows: acquiring or using the foreign iron, steel, Lithuania, Luxembourg, Malta, (1) Use an evaluation factor of 25 and /or manufactured goods. When the Netherlands, Poland, Portugal, Romania, percent, applied to the total estimated basis for the exception is the Slovak Republic, Slovenia, Spain, cost of the project, if the foreign iron, unreasonable cost of domestic iron, Sweden, and United Kingdom. steel, and /or manufactured goods are to steel, and /or manufactured goods the be used in the project based on an award official shall adjust the award § 176.100 Timely determination exception for unreasonable cost concerning the inapplicability of section p amount or the budget, as appropriate, by 1605 of the Recovery Act. requested by the applicant. at least the differential established in (2) Total evaluated cost = project cost § 176.110(a). (a) The head of the Federal estimate + (.25 x project cost estimate, department or agency involved may if paragraph (a)(1) of this section § 176.130 Noncompliance. make a determination regarding applies). The award official must — inapplicability of section 1605 to a (b) Applicants or recipients also may (a) Review allegations of violations of particular case or to a category of cases. submit alternate proposals based on use section 1605 of the Recovery Act; (b) Before Recovery Act funds are of equivalent domestic iron, steel, and/ (b) Unless fraud is suspected, notify awarded by the Federal agency or or manufactured goods to avoid possible the recipient of the apparent obligated by the recipient for a project denial of Recovery Act funding for the unauthorized use of foreign iron, steel, for the construction, alteration, proposal if the Federal Government and /or manufactured goods and request maintenance, or repair of a public determines that an exception permitting a reply, to include proposed corrective building or public work, an applicant or use of the foreign item(s) does not action; and recipient may request from the award apply. (c) If the review reveals that a official a determination concerning the (c) If the award official makes an recipient or subrecipient has used inapplicability of section 1605 of the award to an applicant that proposed foreign iron, steel, and /or manufactured Recovery Act for specifically identified foreign iron, steel, and /or manufactured goods without authorization, take items. goods not listed in the applicable notice appropriate action, including one or (c) The time for submitting the request in the request for applications or more of the following: and the information and supporting data proposals, then the award official must (1) Process a determination that must be included in the request are add the excepted materials to the list in concerning the inapplicability of section to be specified in the agency's and the award term. 1605 of the Recovery Act in accordance recipient's request for applications and/ with § 176.120. or proposals, and as appropriate, in § 176.120 Determinations on late requests. (2) Consider requiring the removal other written communications. The (a) If a recipient requests a and replacement of the unauthorized content of those communications determination regarding the foreign iron, steel, and /or manufactured should be consistent with the notice in inapplicability of section 1605 of the goods. § 176.150 or § 176.170, whichever Recovery Act after obligating Recovery (3) If removal and replacement of applies. Act funds for a project for construction, foreign iron, steel, and /or manufactured (d) The award official must evaluate alteration, maintenance, or repair (late goods used in a public building or a all requests based on the information request), the recipient must explain why public work would be impracticable, provided and may supplement this it could not request the determination cause undue delay, or otherwise be information with other readily available before making the obligation or why the detrimental to the interests of the information. need for such determination otherwise Federal Government, the award official (e) In making a determination based was not reasonably foreseeable. If the may determine in writing that the on the increased cost to the project of award official concludes that the foreign iron, steel, and /or manufactured using domestic iron, steel, and /or recipient should have made the request goods need not be removed and manufactured goods, the award official before making the obligation, the award replaced. A determination to retain must compare the total estimated cost of official may deny the request. foreign iron, steel, and /or manufactured the project using foreign iron, steel and/ (b) The award official must base goods does not constitute a or relevant manufactured goods to the evaluation of any late request for a determination that an exception to estimated cost if all domestic iron, steel, determination regarding the section 1605 of the Recovery Act and /or relevant manufactured goods inapplicability of section 1605 of the applies, and this should be stated in the were used. If use of domestic iron, steel, Recovery Act on information required determination. Further, a determination and /or relevant manufactured goods by § 176.150(c) and (d) or § 176.170(c) to retain foreign iron, steel, and /or would increase the cost of the overall and (d) and /or other readily available manufactured goods does not affect the project by more than 25 percent, then information. Federal Government's right to reduce the award official shall determine that (c) If a determination, under § 176.80 the amount of the award by the cost of the cost of the domestic iron, steel, and/ is made after Recovery Act funds were the steel, iron, or manufactured goods or relevant manufactured goods is obligated for a project for construction, that are used in the project or to take unreasonable. alteration, maintenance, or repair that enforcement or termination action in an exception to section 1605 of the accordance with the agency's grants § 176.110 Evaluating proposals of foreign Recovery Act applies, the award official management regulations. iron, steel, and /or manufactured goods. must amend the award to allow use of (4) If the noncompliance is (a) If the award official receives a the foreign iron, steel, and /or relevant sufficiently serious, consider exercising request for an exception based on the manufactured goods. When the basis of appropriate remedies, such as cost of certain domestic iron, steel, and / the exception is nonavailability or withholding cash payments pending or manufactured goods being public interest, the amended award correction of the deficiency, suspending unreasonable, in accordance with shall reflect adjustment of the award or terminating the award, and § 176.80, then the award official shall amount, redistribution of budgeted withholding further awards for the apply evaluation factors to the proposal funds, and /or other appropriate actions project. Also consider preparing and 18454 Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 /Rules and Regulations forwarding a report to the agency and Reinvestment Act of 2009 (Recovery (ii) A request based on unreasonable suspending or debarring official in Act) (Pub. L. 111 -5), by requiring that cost shall include a reasonable survey of accordance with the agency's debarment all iron, steel, and manufactured goods the market and a completed cost rule implementing 2 CFR part 180. If the used in the project are produced in the comparison table in the format in noncompliance appears to be United States except as provided in paragraph (d) of this section. fraudulent, refer the matter to other paragraph (b)(3) and (b)(4) of this (iii) The cost of iron, steel, and /or appropriate agency officials, such as the section and condition. manufactured goods material shall officer responsible for criminal (2) This requirement does not apply to include all delivery costs to the investigation. the material listed by the Federal construction site and any applicable § 176.140 Award term — Required Use of Government as follows: duty. American Iron, Steel, and Manufactured (iv) Any recipient request for a Goods — Section 1605 of the American determination submitted after Recovery. Recovery and Reinvestment Act of 2009. [Award official to list applicable Act funds have been obligated for a When awarding Recovery Act funds excepted materials or indicate "none "] project for construction, alteration, for construction, alteration, (3) The award official may add other maintenance, or repair shall explain maintenance, or repair of a public iron, steel, and /or manufactured goods why the recipient could not reasonably building or public work that does not to the list in paragraph (b)(2) of this foresee the need for such determination involve iron, steel, and /or manufactured section and condition if the Federal and could not have requested the goods covered under international Government determines that— determination before the funds were agreements, the agency shall use the (i) The cost of the domestic iron, steel, obligated. If the recipient does not award term described in the following and /or manufactured goods would be submit a satisfactory explanation, the paragraphs: unreasonable. The cost of domestic iron, award official need not make a (a) Definitions. As used in this award steel, or manufactured goods used in the determination. term and condition— project is unreasonable when the (2) If the Federal Government (1) Manufactured good means a good cumulative cost of such material will determines after funds have been brought to the construction site for increase the cost of the overall project obligated for a project for construction, incorporation into the building or work by more than 25 percent; alteration, maintenance, or repair that that has been— (ii) The iron, steel, and /or an exception to section 1605 of the (i) Processed into a specific form and manufactured good is not produced, or Recovery Act applies, the award official shape; or manufactured in the United States in will amend the award to allow use of (ii) Combined with other raw material sufficient and reasonably available the foreign iron, steel, and /or relevant to create a material that has different quantities and of a satisfactory quality; manufactured goods. When the basis for properties than the properties of the or the exception is nonavailability or individual raw materials. (iii) The application of the restriction public interest, the amended award (2) Public building and public work of section 1605 of the Recovery Act shall reflect adjustment of the award means a public building of, and a public would be inconsistent with the public amount, redistribution of budgeted work of, a governmental entity (the interest. funds, and /or other actions taken to United States; the District of Columbia; (c) Request for determination of cover costs associated with acquiring or commonwealths, territories, and minor inapplicability of Section 1605 of the using the foreign iron, steel, and /or outlying islands of the United States; Recovery Act. (1)(i) Any recipient relevant manufactured goods. When the State and local governments; and multi- request to use foreign iron, steel, and /or basis for the exception is the State, regional, or interstate entities manufactured goods in accordance with unreasonable cost of the domestic iron, which have governmental functions). paragraph (b)(3) of this section shall steel, or manufactured goods, the award These buildings and works may include, include adequate information for official shall adjust the award amount or without limitation, bridges, dams, Federal Government evaluation of the redistribute budgeted funds by at least plants, highways, parkways, streets, request, including— the differential established in 2 CFR subways, tunnels, sewers, mains, power (A) A description of the foreign and 176.110(a). lines, pumping stations, heavy domestic iron, steel, and /or (3) Unless the Federal Government generators, railways, airports, terminals, manufactured goods; determines that an exception to section docks, piers, wharves, ways, (B) Unit of measure; 1605 of the Recovery Act applies, use of lighthouses, buoys, jetties, breakwaters, (C) Quantity; foreign iron, steel, and /or manufactured levees, and canals, and the construction, (D) Cost; goods is noncompliant with section alteration, maintenance, or repair of (E) Time of delivery or availability; 1605 of the American Recovery and such buildings and works. (F) Location of the project; Reinvestment Act. (3) Steel means an alloy that includes (G) Name and address of the proposed (d) Data. To permit evaluation of at least 50 percent iron, between .02 and supplier; and requests under paragraph (b) of this 2 percent carbon, and may include other (H) A detailed justification of the section based on unreasonable cost, the elements. reason for use of foreign iron, steel, and/ Recipient shall include the following (b) Domestic preference. (1) This or manufactured goods cited in information and any applicable award term and condition implements accordance with paragraph (b)(3) of this supporting data based on the survey of Section 1605 of the American Recovery section. suppliers: Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Rules and Regulations 18455 FOREIGN AND DOMESTIC ITEMS COST COMPARISON Description Unit of Qtit Cost uany measure (dollars)* Item 1: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good Item 2: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good [List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary] [Include other applicable supporting information.] ( *Include all delivery costs to the construction site.] § 176.150 Notice of Required Use of comparable manufactured domestic Iceland, Ireland, Israel, Italy, Japan, American Iron, Steel, and Manufactured iron, steel, and /or manufactured goods. Korea (Republic of), Latvia, Goods — Section 1605 of the American (d) Alternate project proposals. (1) Liechtenstein, Lithuania, Luxembourg, and Reinvestment Act of 2009. g' When a project proposal includes Malta, Netherlands, Norway, Poland, When requesting applications or foreign iron, steel, and /or manufactured Portugal, Romania, Singapore, Slovak proposals for Recovery Act programs or goods not listed by the Federal Republic, Slovenia, Spain, Sweden, activities that may involve construction, Government at 2 CFR 176.140(b)(2), the Switzerland, and United Kingdom; alteration, maintenance, or repair of a applicant also may submit an alternate (2) A Free Trade Agreement (FTA) public building or public work, and do proposal based on use of equivalent country (Australia, Bahrain, Canada, not involve iron, steel, and /or domestic iron, steel, and /or Chile, Costa Rica, Dominican Republic, manufactured goods covered under manufactured goods. El Salvador, Guatemala, Honduras, international agreements, the agency (2) If an alternate proposal is Israel, Mexico, Morocco, Nicaragua, shall use the notice described in the submitted, the applicant shall submit a Oman, Peru, or Singapore); or following paragraphs in their separate cost comparison table prepared (3) A United States - European solicitations: in accordance with 2 CFR 176.140(c) Communities Exchange of Letters (May (a) Definitions. Manufactured good, and (d) for the proposal that is based on 15, 1995) country: Austria, Belgium, public building and public work, and the use of any foreign iron, steel, and/ Bulgaria, Cyprus, Czech Republic, steel, as used in this notice, are defined or manufactured goods for which the Denmark, Estonia, Finland, France, in the 2 CFR 176.140. Federal Government has not yet Germany, Greece, Hungary, Ireland, (b) Requests for determinations' of determined an exception applies. Italy, Latvia, Lithuania, Luxembourg, inapplicability. A prospective applicant (3) If the Federal Government Malta, Netherlands, Poland, Portugal, requesting a determination regarding the determines that a particular exception Romania, Slovak Republic, Slovenia, inapplicability of section 1605 of the requested in accordance with 2 CFR Spain, Sweden, and United Kingdom. American Recovery and Reinvestment 176.140(b) does not apply, the Federal Designated country iron, steel, and /or Act of 2009 (Pub. L. 111 -5) (Recovery Government will evaluate only those manufactured goods —(1) Is wholly the Act) should submit the request to the proposals based on use of the equivalent growth, product, or manufacture of a award official in time to allow a domestic iron, steel, and /or designated country; or determination before submission of manufactured goods, and the applicant (2) In the case of a manufactured good applications or proposals. The shall be required to furnish such that consist in whole or in part of prospective applicant shall include the domestic items. materials from another country, has information and applicable supporting been substantially transformed in a § 176.160 Award term Use o data required by paragraphs at 2 CFR q designated country into a new and 176.140(c) and (d) in the request. If an American Iron, Steel, and Manufacture g Y Goods (covered under International different manufactured good distinct applicant has not requested a Agreements) Section 1605 of the from the materials from which it was determination regarding the American Recovery and Reinvestment Act transformed. inapplicability of 1605 of the Recovery of 2009. Domestic iron, steel, and /or Act before submitting its application or When awarding Recovery Act funds manufactured good —(1) Is wholly the proposal, or has not received a response for construction, alteration, growth, product, or manufacture of the to a previous request, the applicant shall maintenance, or repair of a public United States; or include the information and supporting building or public work that involves (2) In the case of a manufactured good data in the application or proposal. iron, steel, and /or manufactured goods that consists in whole or in part of (c) Evaluation of project proposals. If materials covered under international materials from another country, has the Federal Government determines that agreements, the agency shall use the been substantially transformed in the an exception based on unreasonable award term described in the following United States into a new and different cost of domestic iron, steel, and /or paragraphs: manufactured good distinct from the manufactured goods applies, the Federal (a) Definitions. As used in this award materials from which it was Government will evaluate a project term and condition— transformed. There is no requirement requesting exception to the Designated country —(1) A World with regard to the origin of components requirements of section 1605 of the Trade Organization Government or subcomponents in manufactured Recovery Act by adding to the estimated Procurement Agreement country goods or products, as long as the total cost of the project 25 percent of the (Aruba, Austria, Belgium, Bulgaria, manufacture of the goods occurs in the project cost, if foreign iron, steel, or Canada, Cyprus, Czech Republic, United States. manufactured goods are used in the Denmark, Estonia, Finland, France, Foreign iron, steel, and /or project based on unreasonable cost of Germany, Greece, Hong Kong, Hungary, manufactured good means iron, steel 18456 Federal Register/Vol. 74, No. 77 / Thursday, April 23, 2009 / Rules and Regulations and /or manufactured good that is not with an estimated value of $7,443,000 or accordance with paragraph (b)(4) of this domestic or designated country iron, more. section. steel, and /or manufactured good. (2) The recipient shall use only (ii) A request based on unreasonable Manufactured good means a good domestic or designated country iron, cost shall include a reasonable survey of brought to the construction site for steel, and manufactured goods in the market and a completed cost incorporation into the building or work performing the work funded in whole or comparison table in the format in that has been— part with this award, except as provided paragraph (d) of this section. (1) Processed into a specific form and in paragraphs (b)(3) and (b)(4) of this (iii) The cost of iron, steel, or shape; or section. manufactured goods shall include all (2) Combined with other raw material (3) The requirement in paragraph delivery costs to the construction site to create a material that has different (b)(2) of this section does not apply to and any applicable duty. properties than the properties of the the iron, steel, and manufactured goods (iv) Any recipient request for a individual raw materials. listed by the Federal Government as determination submitted after Recovery Public building and public work follows: Act funds have been obligated for a means a public building of, and a public project for construction, alteration, work of, a governmental entity (the maintenance, or repair shall explain United States; the District of Columbia; [Award official to list applicable why the recipient could not reasonably commonwealths, territories, and minor excepted materials or indicate "none ") foresee the need for such determination outlying islands of the United States; (4) The award official may add other and could not have requested the State and local governments; and multi- iron, steel, and manufactured goods to q State, regional, or interstate entities g determination before the funds were the list in paragraph (b)(3) of this obligated. If the recipient ient does not which have governmental functions). section if the Federal Government submit a satisfactory explanation, the These buildings and works may include, determines that— award official need not make a without limitation, bridges, dams, (i) The cost of domestic iron, steel, determination. plants, highways, parkways, streets, and /or manufactured goods would be s, tunnels, sewers, mains, power (2 ) If the Federal Government subways, p unreasonable. The cost of domestic iron, determines after funds have been lines, pumping stations, heavy steel, and /or manufactured goods used obligated for a ro project for construction, generators, railways, airports, terminals, in the project is unreasonable when the alteration, maintenance, or re air that docks, piers, wharves, ways, cumulative cost of such material will p lighthouses, buoys, jetties, breakwaters, an exception to section 1605 of the levees, and canals, and the construction, increase the overall cost of the project Recovery Act applies, the award official by more than 25 percent; will amend the award to allow use of alteration, maintenance, or repair of (ii) The iron, steel, and /or such buildings and works. the foreign iron, steel, and /or relevant manufactured good is not produced, or manufactured goods. When the basis for Steel means an alloy that includes at manufactured in the United States in the exception g nonavailabilit or least 50 percent iron, between .02 and sufficient and reasonably available p y 2 ercent carbon, and may include other public interest, the amended award p y commercial quantities of a satisfactory shall reflect adjustment of the award elements. ] quality; or amount, redistribution of budgeted Iron, steel, and manufactured (iii) The application of the restriction geted goods. (1) The award term and of section 1605 of the Recovery Act ands, and /or other appropriate actions condition described in this section would be taken to cover costs associated with p interest. implements— condition described e inconsistent with the public acquiring or using the foreign iron, steel, (i) Section 1605(a) of the American (c) Request for determination of and /or relevant manufactured goods.. Recovery and Reinvestment Act of 2009 inapplicability of section 1605 of the When the basis for the exception is the (Pub. L. 111 -5) (Recovery Act), by Recovery Act or the Buy American Act. unreasonable cost of the domestic iron, requiring that all iron, steel, and (1)(i) Any recipient request to use steel, or manufactured goods, the award manufactured goods used in the project foreign iron, steel, and /or manufactured official shall adjust the award amount or are produced in the United States; and goods in accordance with paragraph redistribute budgeted funds, as (ii) Section 1605(d), which requires (b)(4) of this section shall include appropriate, by at least the differential application of the Buy American adequate information for Federal established in 2 CFR 0(a). requirement in a manner consistent Government evaluation of the request, (3) Unless the Federal ral Government with U.S. obligations under including— determines that an exception to section international agreements. The (A) A description of the foreign and 1605 of the Recovery Act applies, use of restrictions of section 1605 of the domestic iron, steel, and /or foreign iron, steel, and /or manufactured Recovery Act do not apply to designated manufactured goods; goods other than designated country country iron, steel, and /or manufactured (B) Unit of measure; iron, steel, and /or manufactured goods goods. The Buy American requirement (C) Quantity; is noncompliant with the applicable in section 1605 shall not be applied (D) Cost; Act. where the iron, steel or manufactured (E) Time of delivery or availability; (d) Data. To permit evaluation of goods used in the project are from a (F) Location of the project; requests under paragraph (b) of this Party to an international agreement that (G) Name and address of the proposed section based on unreasonable cost, the obligates the recipient to treat the goods supplier; and applicant shall include the following and services of that Party the same as (H) A detailed justification of the information and any applicable domestic goods and services. This reason for use of foreign iron, steel, and/ supporting data based on the survey of obligation shall only apply to projects or manufactured goods cited in suppliers: Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Rules and Regulations 18457 FOREIGN AND DOMESTIC ITEMS COST COMPARISON Description Unit of Quantit Cost y measure (dollars)* Item 1: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good Item 2: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good [List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] ( *Include all delivery costs to the construction site.] § 176.170 Notice of Required Use of prospective applicant shall include the Government in this Buy American American Iron, Steel, and Manufactured information and applicable supporting notice in the request for applications or Goods (covered under International data required by 2 CFR 176.160 (c) and proposals, the applicant may submit an Agreements) Section 1605 of the American Recovery and Reinvestment Act (d) in the request. If an applicant has not alternate proposal based on use of of 2009. requested a determination regarding the equivalent domestic or designated inapplicability of section 1605 of the country iron, steel, and /or manufactured When requesting applications or Recovery Act before submitting its goods. proposals for Recovery Act programs or application or proposal, or has not (2) If an alternate proposal is activities that may involve construction, received a response to a previous submitted, the applicant shall submit a alteration, maintenance, or repair of a request, the applicant shall include the pp public building or public work, and q pp separate cost comparison table prepared pi i ubc building g o s work, manufactured information and supporting data in the in accordance with paragraphs 2 CFR application or proposal. 176.160(c) and (d) for the proposal that goods covered under international (c) Evaluation of project proposals. If is based on the use of an foreign iron, agreements, the agency shall use the the Federal Government determines that Y g notice described in the following teel, and /or manufactured goods for g an exception based on unreasonable which the Federal Government has not paragraphs in the solicitation: cost of domestic iron, steel, and /or yet determined an exception applies. (a) Definitions. Designated country manufactured goods applies, the Federal manufactured goods, (3) If the that Government iron, steel, and /or manu f g Government will evaluate a project determines that a exce ti articular foreign iron, steel, and /or manufactured requesting exception to the P p on good, manufactured good, public requested in accordance with 2 CFR g f g P requirements of section 1605 of the 176.160(b) does not apply, the Federal building and public work, and steel, as Recovery Act by adding to the estimated Government will evaluate only those used in this provision, are defined in 2 total cost of the project 25 percent of the Y CFR 176.160(a). project cost if foreign iron, steel, or proposals r d d e s g n use c equivalent domestic (b) Requests for determinations of manufactured goods are used based on tic /o e fac country iron, and inapplicability. A prospective applicant unreasonable cost of comparable t steel, aan manufactured goods, and f requesting a determination regarding the domestic iron, steel, or manufactured he su t shall r g to furnish inapplicability of section 1605 of the goods. h such domestti c or designated and Reinvestment country items. American Recovery (d) Alternate project proposals. (1) Act of 2009 (Pub. L. 111 -5) (Recovery When a project proposal includes Appendix to Subpart B of Part 176 — Act) should submit the request to the foreign iron, steel, and /or manufactured U.S. States, Other Sub - Federal Entities, award official in time to allow a goods, other than designated country and Other Entities Subject to U.S. determination before submission of iron, steel, and /or manufactured goods, Obligations Under International applications or proposals. The that are not listed by the Federal Agreements States Entities covered Exclusions Relevant international agreements Arizona Executive branch agencies —WTO GPA (except Canada). — U.S. -Chile FTA. — U.S. - Singapore FTA. Arkansas Executive branch agencies, in- construction services —WTO GPA (except Canada). cluding universities but exclud- —DR– CAFTA. ing the Office of Fish and Game. — U.S. - Australia FTA. — U.S. -Chile FTA. — U.S.- Morocco FTA. — US. -Peru TPA. — U.S. - Singapore FTA. California Executive branch agencies —WTO GPA (except Canada). — U.S. - Australia FTA. — U.S. -Chile FTA. — U.S. - Singapore FTA. Colorado Executive branch agencies —WTO GPA (except Canada). —DR– CAFTA. — U.S. - Australia FTA. — U.S. -Chile FTA. — U.S.- Morocco FTA. — U.S. -Peru TPA. 18458 Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Rules and Regulations States Entities covered Exclusions Relevant intemational agreements — U.S. - Singapore FTA. Connecticut — Department of Administrative —WTO GPA (except Canada). Services. —DR– CAFTA. — U.S. - Australia FTA. — U.S. -Chile FTA. — U.S.- Morocco FTA. — U.S.- Singapore FTA. — Department of Transportation. — Department of Public Works. — Constituent Units of Higher Education. Delaware — Administrative Services (Central construction -grade steel (including —WTO GPA (except Canada). Procurement Agency). requirements on subcontracts); — DR –CAFTA (except Honduras). motor vehicles; coal. —U.S.-Australia FTA. — U.S. -Chile FTA. — U.S. - Morocco FTA. — U.S. - Singapore FTA. —State Universities. —State Colleges. Florida . Executive branch agencies construction -grade steel (including —WTO GPA (except Canada). requirements on subcontracts); —DR– CAFTA. motor vehicles; coal. — U.S. - Australia FTA. — U.S. -Chile FTA. — U.S.- Morocco FTA. — U.S. -Peru TPA. — U.S.-Singapore FTA. Georgia — Department of Administrative beef; compost; mulch — U.S. - Australia FTA. Services — Georgia Technology Authority. Hawaii Department of Accounting and software developed in the state; —WTO GPA (except Canada). General Services. construction. —DR –CAFTA (except Honduras). — U.S. - Australia FTA. — U.S. -Chile FTA. —U.S.-Morocco FTA. — U.S. - Singapore FTA. Idaho Central Procurement Agency (in- —WTO GPA (except Canada). cluding all colleges and univer- — DR –CAFTA (except Honduras). sities subject to central pur- — U.S. - Australia FTA. chasing oversight). — U.S. -Chile FTA. — U.S.- Morocco FTA. — U.S.- Singapore FTA. Illinois — Department of Central Manage- construction -grade steel (including —WTO GPA (except Canada). ment Services. requirements on subcontracts); — U.S. - Australia FTA. motor vehicles; coal. — U.S. -Chile FTA. — U.S. -Peru TPA. — U.S. - Singapore FTA. — U.S. -EC Exchange of Letters (applies to EC Member States for procurement not covered by WTO GPA and only where the state considers out -of -state suppliers). Iowa — Department of General Serv- construction -grade steel (including —WTO GPA (except Canada). ices requirements on subcontracts); —U.S.-Chile FTA. — Department of Transportation. motor vehicles; coal. —U.S.-Singapore FTA. —Board of Regents' Institutions (universities). Kansas Executive branch agencies construction services; auto- —WTO GPA (except Canada). mobiles; aircraft. —U.S.-Australia FTA. — U.S. -Chile FTA. — U.S. - Morocco FTA. — U.S. - Singapore FTA. Kentucky Division of Purchases, Finance construction projects —WTO GPA (except Canada). and Administration Cabinet. —DR– CAFTA. — U.S. - Australia FTA. — U.S. -Chile FTA. — U.S.- Morocco FTA. — U.S. - Singapore FTA. Louisiana Executive branch agencies —WTO GPA (except Canada). — DR–CAFTA. — U.S. - Australia FTA. — U.S. -Chile FTA. — U.S. - Morocco FTA. — U.S. - Singapore FTA. Federal Register/Vol. 74, No. 77 / Thursday, April 23, 2009 /Rules and Regulations 18459 States Entities covered Exclusions Relevant international agreements Maine — Department of Administrative construction -grade steel (including —WTO GPA (except Canada). and Financial Services. requirements on subcontracts); — U.S. - Australia FTA. — Bureau of General Services motor vehicles; coal. — U.S. -Chile FTA. (covering state government — U.S. - Singapore FTA. agencies and school construc- tion). — Department of Transportation. Maryland —Office of the Treasury. construction -grade steel (including —WTO GPA (except Canada). — Department of the Environment. requirements on subcontracts); —DR– CAFTA. — Department of General Serv- motor vehicles; coal. — U.S. - Australia FTA. ices. —U.S.-Chile FTA. — Department of Housing and —U.S.-Morocco FTA. Community Development. — U.S. - Singapore FTA. — Department of Human Re- sources. — Department of Licensing and Regulation. — Department of Natural Re- sources. — Department of Public Safety and Correctional Services. — Department of Personnel. — Department of Transportation. Massachusetts — Executive Office for Administra- —WTO GPA (except Canada). tion and Finance. — U.S. -Chile FTA. — Executive Office of Commu- — U.S. - Singapore FTA. nities and Development. — Executive Office of Consumer Affairs. — Executive Office of Economic Affairs. — Executive Office of Education. — Executive Office of Elder Affairs. — Executive Office of Environ- mental Affairs. — Executive Office of Health and Human Service. — Executive Office of Labor. — Executive Office of Public Safe- ty. — Executive Office of Transpor- tation and Construction. Michigan Department of Management and construction -grade steel (including —WTO GPA (except Canada). Budget. requirements on subcontracts); — U.S. - Australia FTA. motor vehicles; coal. — U.S. -Chile FTA. — U.S. - Singapore FTA. Minnesota Executive branch agencies —WTO GPA (except Canada). — U.S. -Chile FTA. — U.S. - Singapore FTA. Mississippi Department of Finance and Ad- services —WTO GPA (except Canada). ministration. —DR– CAFTA. — U.S. - Australia FTA. — U.S. -Chile FTA. — U.S. - Morocco FTA. — U.S. -Peru TPA. — U.S. - Singapore FTA. Missouri — Office of Administration —WTO GPA (except Canada). — Division of Purchasing and Ma- — U.S. -Chile FTA. terials Management. — U.S. - Singapore FTA. Montana Executive branch agencies goods —WTO GPA (except Canada). — U.S. -Chile FTA. — U.S. - Singapore FTA. Nebraska Central Procurement Agency —WTO GPA (except Canada). —DR– CAFTA. — U.S. - Australia FTA. — U.S. -Chile FTA. — U.S.- Morocco FTA. — U.S. - Singapore FTA. New Hampshire Central Procurement Agency construction -grade steel (including —WTO GPA (except Canada). requirements on subcontracts), —DR– CAFTA. motor vehicles; coal. — U.S. - Australia FTA. — U.S. -Chile FTA. — U.S. - Morocco FTA. — U.S. - Singapore FTA. 18460 Federal Register /Vol. 74, No. 77 /Thursday, April 23, 2009 /Rules and Regulations States Entities covered Exclusions Relevant international agreements New York —State agencies. —State university system. construction -grade steel (including —WTO GPA (except Canada). — Public authorities and public requirements on subcontracts); — DR– CAFTA. benefit corporations, with the motor vehicles; coal; transit — U.S. - Australia FTA. exception of those entities with cars, buses and related equip- — U.S. -Chile FTA. multi -state mandates. ment. — U.S. - Morocco FTA. — U.S. -Peru TPA. North Dakota — U.S. - Singapore FTA. — U.S. -EC Exchange of Letters (applies to EC Member States and only where the state con- siders out -of -state suppliers). Oklahoma Department of Central Services construction services; construc- —WTO GPA (except Canada). and all state agencies and de- tion -grade steel (including re- — U.S. - Australia FTA. partments subject to the Okla- quirements on subcontracts); — U.S. -Chile FTA. homa Central Purchasing Act. motor vehicles; coal. — U.S. -Peru TPA. — U.S. - Singapore FTA. Oregon Department of Administrative —WTO GPA (except Canada). Services. —DR –CAFTA (except Honduras). — U.S. - Australia FTA. — U.S. -Chile FTA. — U.S. - Morocco FTA. — U.S. - Singapore FTA. Pennsylvania Executive branch agencies, in- construction -grade steel (including —WTO GPA (except Canada). cluding: requirements on subcontracts); — U.S. - Australia FTA. — Governor's Office. motor vehicles; coal. — U.S. -Chile FTA. — Department of the Auditor Gen- — U.S. - Singapore FTA. eral. — Treasury Department. — Department of Agriculture. — Department of Banking. — Pennsylvania Securities Com- mission. — Department of Health. — Department of Transportation. — Insurance Department. — Department of Aging. — Department of Correction. — Department of Labor and Indus- try. — Department of Military Affairs. —Office of Attorney General. — Department of General Serv- ices. — Department of Education. — Public Utility Commission. — Department of Revenue. — Department of State. — Pennsylvania State Police. — Department of Public Welfare. —Fish Commission. —Game Commission. — Department of Commerce. —Board of Probation and Parole. — Liquor Control Board. — Milk Marketing Board. — Lieutenant Governor's Office. — Department of Community Af- fairs. — Pennsylvania Historical and Museum Commission. — Pennsylvania Emergency Man- agement Agency. — State Civil Service Commission. — Pennsylvania Public Television Network. — Department of Environmental Resources. —State Tax Equalization Board. — Department of Public Welfare. — State Employees' Retirement System. — Pennsylvania Municipal Retire- ment Board. Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 /Rules and Regulations 18461 States Entities covered Exclusions Relevant international agreements — Public School Employees' Re- tirement System. — Pennsylvania Crime Commis- sion. — Executive Offices. Rhode Island Executive branch agencies boats, automobiles, buses and re- —WTO GPA (except Canada). fated equipment. — DR –CAFTA (except Honduras). — U.S. - Australia FTA. — U.S. -Chile FTA. — U.S. - Morocco FTA. — U.S. - Singapore FTA. South Dakota Central Procuring Agency (includ- beef —WTO GPA (except Canada). ing universities and penal insti- —DR– CAFTA. tutions). — U.S. - Australia FTA. —U.S. -Chile FTA. — U.S. - Morocco FTA. — U.S. - Singapore FTA. Tennessee Executive branch agencies Services; construction —WTO GPA (except Canada). — U.S. - Australia FTA. — U.S. -Chile FTA. — U.S. - Singapore FTA. Texas Texas Building and Procurement —WTO GPA (except Canada). Commission. —DR– CAFTA. — U.S. - Australia FTA. — U.S. -Chile FTA. — U.S.- Morocco FTA. — U.S. -Peru TPA. — U.S. - Singapore FTA. Utah Executive branch agencies —WTO GPA (except Canada). — DR –CAFTA (except Honduras). — U.S. - Australia FTA. — U.S. -Chile FTA. — U.S. - Morocco FTA. — U.S. -Peru TPA. — U.S.- Singapore FTA. Vermont Executive branch agencies —WTO GPA (except Canada). — DR– CAFTA. — U.S. - Australia FTA. — U.S. -Chile FTA. — U.S. - Morocco FTA. — U.S. - Singapore FTA. Washington Executive branch agencies, in- fuel; paper products; boats; ships; —WTO GPA (except Canada). cluding: and vessels. —DR– CAFTA. — General Administration. — U.S. - Australia FTA. — Department of Transportation. — U.S. -Chile FTA. —State Universities. — U.S. - Morocco FTA. — U.S. - Singapore FTA. West Virginia — U.S. -EC Exchange of Letters (applies to EC Member States and only where the state con- siders out -of -state suppliers). Wisconsin Executive branch agencies, in- —WTO GPA (except Canada). cluding: — U.S. -Chile FTA. — Department of Administration. — U.S. - Singapore FTA. — State Correctional Institutions. — Department of Development. — Educational Communications Board. — Department of Employment Re- lations. — State Historical Society. — Department of Health and So- cial Services. — Insurance Commissioner. — Department of Justice. — Lottery Board. — Department of Natural Re- sources. — Administration for Public In- struction. 18462 Federal Register /Vol. 74, No. 77 /Thursday, April 23, 2009 /Rules and Regulations States Entities covered Exclusions Relevant international agreements — Racing Board. — Department of Revenue. — State Fair Park Board. — Department of Transportation. —State University System. Wyoming — Procurement Services Division construction -grade steel (including —WTO GPA (except Canada). — Wyoming Department of Trans- requirements on subcontracts); —DR– CAFTA. portation. motor vehicles; coal. — U.S. - Australia FTA. — University of Wyoming — U.S. -Chile FTA. — U.S.- Morocco FTA. — U.S. - Singapore FTA. Other sub - federal entities Entities covered Exclusions Relevant international agreements Puerto Rico — Department of State construction services —DR– CAFTA. — U.S. -Peru TPA. — Department of Justice. — Department of the Treasury. — Department of Economic Devel- opment and Commerce. — Department of Labor and Human Resources. — Department of Natural and En- vironmental Resources. — Department of Consumer Af- fairs. — Department of Sports and Recreation. Port Authority of New York and restrictions attached to Federal —WTO GPA (except Canada). New Jersey. funds for airport projects; main- — U.S. -Chile FTA. tenance, repair and operating — U.S. - Singapore FTA. materials and supplies. Port of Baltimore restrictions attached to Federal —WTO GPA (except Canada). funds for airport projects. — U.S. -Chile FTA. — U.S. - Singapore FTA. New York Power Authority restrictions attached to Federal —WTO GPA (except Canada). funds for airport projects; condi- — U.S. -Chile FTA. tions specified for the State of — U.S. - Singapore FTA. New York. Massachusetts Port Authority U.S. -EC Exchange of Letters (ap- plies to EC Member States and only where the Port Authority considers out -of -state sup- pliers). Boston, Chicago, Dallas, Detroit, U.S. -EC Exchange of Letters Indianapolis, Nashville, and San (only applies to EC Member Antonio. States and where the city con- siders out -of -city suppliers). Other entities Entities covered Exclusions Relevant international agreements Rural Utilities Service (waiver of —WTO GPA. Buy American restriction on fi- —DR– CAFTA. nancing for all power generation — NAFTA. projects). — U.S. - Australia FTA. — U.S.- Bahrain FTA. — U.S. -Chile FTA. — U.S.- Morocco FTA. — U.S. -Oman FTA. — U.S. -Peru TPA. — U.S. - Singapore FTA. Rural Utilities Service (waiver of —NAFTA. Buy American restriction on fi- — U.S. - Israel FTA. nancing for telecommunications projects). General Exceptions: The following 1. The restrictions attached to Federal GPA) Parties: Aruba, Austria, Canada, restrictions and exceptions are excluded from funds to states for mass transit and highway Belgium, Bulgaria, Cyprus, Czech Republic, U.S. obligations under international projects. Denmark, Estonia, Finland, France, Germany, agreements: 2. Dredging. Greece, Hong Kong, Hungary, Iceland, The World Trade Organization Ireland, Israel, Italy, Japan, Korea (Republic Government Procurement Agreement (WTO of), Latvia, Liechtenstein, Lithuania, Federal Register /Vol. 74, No. 77 / Thursday, April 23, 2009 / Rules and Regulations 18463 Luxembourg, Malta, Netherlands, Norway, chapter 31 of title 40, United States and OMB Circular A -133, "Audits of Poland, Portugal, Romania, Singapore, Code. States, Local Governments, and Non - Slovak Republic, Slovenia, Spain, Sweden, Pursuant to Reorganization Plan No. Profit Organizations," recipients agree Switzerland, and United Kingdom. 14 and the Copeland Act, 40 U.S.C. to separately identify the expenditures The Free Trade Agreements and the 3145, the Department of Labor has for Federal awards under the Recovery respective Parties to the agreements are: issued regulations at 29 CFR parts 1, 3, Act on the Schedule of Expenditures of (1) Dominican Republic - Central America and 5 to implement the Davis -Bacon Federal Awards (SEFA) and the Data United States Free Trade Agreement (DR p CAFTA): Costa Rica, Dominican Republic, El and related Acts. Regulations in 29 CFR Collection Form (SF -SAC) required by Salvador, Guatemala, Honduras, and 5.5 instruct agencies concerning OMB Circular A -133. OMB Circular A- Nicaragua; application of the standard Davis -Bacon 133 is available at http: // (2) North American Free Trade Agreement contract clauses set forth in that section. www.whitehouse.gov /omb /circulars/ (NAFTA): Canada and Mexico; Federal agencies providing grants, a133/a133.html. This shall be (3) United States - Australia Free Trade cooperative agreements, and loans accomplished by identifying Agreement (U.S. Australia FTA); under the Recovery Act shall ensure expenditures for Federal awards made (4) United States - Bahrain Free Trade that the standard Davis -Bacon contract under the Recovery Act separately on Agreement (U.S. Bahrain FTA); clauses found in 29 CFR 5.5(a) are the SEFA, and as separate rows under (5) United States F Free Trade incorporated in any resultant covered Item 9 of Part III on the SF -SAC by (U.S. srr ael l Free FTA); Trade contracts that are in excess of $2,000 for CFDA number, and inclusion of th (6) United Staa Ch States-Israel Agreement (U.S. Israel FTA); construction, alteration or repair prefix "ARRA -" in identifying the name (7) United States - Morocco Free Trade (including painting and decorating). of the Federal program on the SEFA and Agreement (U.S. Morocco FTA); (b) For additional guidance on the as the first characters in Item 9d of Part (8) United States - Oman Free Trade wage rate requirements of section 1606, III on the SF -SAC. Agreement (U.S. - Oman FTA); contact your awarding agency. (c) Recipients agree to separately (9) United States - Peru Trade Promotion Recipients of grants, cooperative identify to each subrecipient, and Agreement (U.S. - Peru TPA); and agreements and loans should direct document at the time of subaward and (10) United States - Singapore Free Trade their initial inquiries concerning the at the time of disbursement of funds, the Agreement (U.S. Singapore FTA). application of Davis -Bacon Federal award number, CFDA number, United States - European Communities particular to a requirements federally Exchange of Letters (May 30, 1995) (U.S. - EC re q P y and amount of Recovery Act funds. Exchange of Letters) applies to EC Member assisted project to the Federal agency When a recipient awards Recovery Act States: Austria, Belgium, Bulgaria, Cyprus, funding the project. The Secretary of funds for an existing program, the Czech Republic, Denmark, Estonia, Finland, Labor retains final coverage authority information furnished to subrecipients France, Germany, Greece, Hungary, Ireland, under Reorganization Plan Number 14. shall distinguish the subawards of Italy, Latvia, Lithuania, Luxembourg, Malta, incremental Recovery Act funds from Netherlands, Poland, Portugal, Romania, Subpart D— Single Audit Information regular subawards under the existing Slovak Republic, Slovenia, Spain, Sweden, for Recipients of Recovery Act Funds program. and United Kingdom. § 176.200 Procedure. (d) Recipients agree to require their Subpart C —Wage Rate Requirements The award official shall insert the subrecipients to include on their SEFA Under Section 1606 of the American standard award term in this Subpart in information to specifically identify Recovery and Reinvestment Act of all awards funded in whole or in part Recovery Act funding similar to the 2009 with Recovery Act funds. requirements for the recipient SEFA described above. This information is § 176.180 Procedure. § 176.210 Award term — Recovery Act needed to allow the recipient to The award official shall insert the Transactions listed in Schedule of properly monitor subrecipient standard award term in this Subpart in Expenditures of Federal Awards and expenditure of ARRA funds as well as all awards funded in whole or in part Recipient Responsibilities for Informing oversight by the Federal awarding with Recovery Act funds. Subrecipients agencies, Offices of Inspector General The award term described in this and the Government Accountability § 176.190 Award term — Wage Rate section shall be used by agencies to Office. Requirements under Section 1606 of the clarify recipient responsibilities Recovery Act. regarding tracking and documenting [FR Doc. E9 -9073 Filed 4- 22 -09; 8:45 am] When issuing announcements or Recovery Act expenditures: BILLING CODE P requesting applications for Recovery Act (a) To maximize the transparency and programs or activities that may involve accountability of funds authorized construction, alteration, maintenance, or under the American Recovery and DEPARTMENT OF AGRICULTURE repair the agency shall use the award Reinvestment Act of 2009 (Pub. L. 111 - term described in the following 5) (Recovery Act) as required by Agricultural Marketing Service paragraphs: Congress and in accordance with 2 CFR CFR Part 984 (a) Section 1606 of the Recovery Act 215.21 "Uniform Administrative requires that all laborers and mechanics Requirements for Grants and [Doc. No. AO 192 - A7; AMS - FV - 07 - 0004; employed by contractors and Agreements" and OMB Circular A -102 FV06 - 984 - C] subcontractors on projects funded Common Rules provisions, recipients directly by or assisted in whole or in agree to maintain records that identify Walnuts Grown in California; Order part by and through the Federal adequately the source and application of Amending Marketing Order No. 984; Government pursuant to the Recovery Recovery Act funds. OMB Circular A- Correcting Amendment Act shall be paid wages at rates not less 102 is available at http: // AGENCY: Agricultural Marketing Service, than those prevailing on projects of a www.whitehouse.gov /omb /circulars/ USDA. character similar in the locality as a102 /a102.html. ACTION: Final rule; correcting determined by the Secretary of Labor in (b) For recipients covered by the amendment. accordance with subchapter IV of Single Audit Act Amendments of 1996