HomeMy WebLinkAboutSITEC ENCLAVE FENCING PROJECT
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FROM:
All Bidders ,. c-,.
Phyllis Mills, Quality Assurance Analyst IJ JE.
Chester Wheeler, Augusta Housing and Com munity " er8pmenl Departmeo!
Geri Sams JlI( 1 9
Procurement Director .:J 2009;
July 9, 2009
TO:
DATE:
SUBJ:
Bid Opening Date Change
BID ITEM:
09-128 Enclave Fencing Project
NEW BID DATE:
Thursday, July 23, 2009 at 3:00 P.M.
ADDENDUM NO.1
The bid opening date for Bid Item #09-128 Enclave Fencing Project has been changed:
From: Wednesday, July 15,2009 @ 3:00 P.M.
To: rhur~rJCly,.~uly23,2009@~:()O.P.M.
The following information is clarifications to the specifications.
1. Bidders are to include the cost of erecting 10 columns with size to match with existing
using block and Kimberly Brick from Boral.
2. One additional access gate out of iron material location to be verified with owner.
3. West gate North to be single access arm.
4. East gate North DBL gate entrance and exit control arms. Island to be proposed by
bidders.
5. Requirement to be General Contractor is not required.
6. Vinyl Fence specified can be like kind and quality or equivalent.
Please acknowledge addendum in your submittal
END ADDENDUM
Room 605 - 530 Green Street, Augusta Georgia 30911
(706) 821-2422 - Fax (706) 821-2811
www.augustaga.gov
Register at www.demandstar.com/supplier for automatic bid notification
Addendum 1 Bid Item #09-091
Page 1 of 1
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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.
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TABLE OF CONTENTS
AHCDD Form # I
Title
I Page Number I
d I f
ntro uctorv n ormation
100 Invitation to Bid 1 00-1
101 . Instructions for Bidders 101-1
102 Information Available to Bidders 102-1
Bidding Requirements
103 Bid Form & Bid Tabulation 103-1
104 Representations, Certifications and Other Statements of Bidders 104-1
105 Certification for Business Concerns Seeking Section 3 Preference 105-1
106 Non-Collusion Affidavit 1 06-1
107 Bidder's Qualifications 107-1
108 Wage Decision Transcript 108-1
110 Certificate as to Corporate Principal 11 0-1
. Contractor Affidavit and Agreement
Conflict of Interest
Statement of Non-Discrimination
Subcontractor Affidavit
Non-Collusion Affidavit Subcontractor
ARC Local Small Business Opportunity Program - Subcontractor/Supplier
Utilization Report
Contracting Requirements
115 Notice of Contract Award 115
401 Construction Contract 401-1
402 General Conditions of the Construction Contract 402-1
403 Supplemental Conditions to the Construction Contract 403-1
404 Additional Supplemental Conditions - Mandatory Compliance for Section 3 404-1
Immigration Reform & Control Act of 1986 Compliance
Georgia Security and Immigration Compliance Act of 2006 Compliance
406 Contractor Reporting Requirements 406-1
1
TABLE OF CONTENTS
Contracting Requirements - continued
409 Notice to Proceed 409-1
410 Preconstruction Meeting Agenda 410-1
411 Affirmative Action Plan - Contractor & Subcontractors 411-1
412 Affirmative Action Goals and Timetable 412-1
501
502
503
504
111
Payment & Performance Bond
Insurance - Contractor & Subcontractor
Certification of Non-Segregated Facilities By Subcontractor
Special Power of Attorney Certificate
Technical Specifications
501-1
502-1
503-1
504-1
111-1
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Invitation To Bid
Sealed bids will be received at this office until 11 :00 a.m., Wednesday, July 15, 2009 for furnishing:
Bid Item #09-128 Enclave Fencing Project for Housing and Community Development
Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene
Street - Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all
prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and
specifications which are non-refundable is $15.00
Documents may also be examined during regular business hours at the Augusta Builders Exchange, 1262
Merry Street, Augusta, GA 30904; F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30901. It is the
wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this
policy the Owner is providing the opportunity to view plans online (www.auQustablue.com) at no charge
through Augusta Blue Print (706 722-6488) beginning Thursday, June 4, 2009. Bidders are cautioned that
submitting a package without Procurement of a complete set are likely to overlook issues of construction
phasing, delivery of goods or services, or coordination with other work that is material to the successful
completion of the project. Bidders are cautioned that sequestration of documents through any other source is
not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving
incomplete or inaccurate information upon which to base his qualifications.
A Mandatory Pre-Bid Conference will be held on Friday, June 26, 2009@ 10:00 a.m. at the location of
the project - The Enclaves on James Brown Blvd., 915 Enclave Lane, Augusta, GA 30901. All
questions must be submitted in writing to the office of the Procurement Department by fax at 70~821-
2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All
questions are to be submitted in writing by Tuesday, June 30, 2009 by 3:00 p.m.
No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10%
Bid bond is required to be submitted in a separate envelope so marked along with the bidders'
qualifications; a 100% performance bond and a 100% payment bond will be required for award.
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.
This is a federally assisted project. Bidders and contractors performing work under this advertisement are
bound by the requirements of President's Executive Order 11246 as amended by Executive Order 11375: Title
VI of the Civil Rights Act of 1964; Section 109 of Title 1 of the Housing and Community Development Act of
1974, as amended; Section 3 of the Housing and Urban Development Act of 1968; the Immigration Reform
and Control Act of 1986; the Davis-Bacon Act; the Copeland "Anti-Kickback" Act; and the Contract Work
Hours and Safety Standards Act. The bidder's attention is called to the "Equal Opportunity Clause" and the
goals and timetables for minority and female participation in each trade and to the fact that not less than
minimum wages set forth in the contract documents must be paid.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle
Metro Courier
cc: Tameka Allen
Chester Wheeler
Rosa White
Belin'da Brown
Vicki Johnson
June 4, 11, 18, 25, 2009
June 10, 2009
Interim Deputy Administrator
Housing & Community Development
Housing & Community Development
Housing & Community Development
Housing & Community Development
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AHCDD Form 100
(Rev. 06/07)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
INVITATION TO BID
IFB#:
CDBG #2009R
Project Number:
Bidders are encouraged to carefully examine the documents and
construction site. Failure to do so shall be at the bidder's risk.
CDBG #2009R
Bid Issue Date
Submit bid to: Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30911
Thursdav, June 4, 2009
Project Title
Augusta Neighborhood Improvement Corporation
Enclave Fencing Project
Project Description
Provide materials and labor to install fencing
enclosing the Enclave Townhouse apartments
Sealed bids will be received at the Procurement Department until 11 :00 a.m.. on Wednesday. Julv 15. 2009.
Bid item 09-128: Augusta Neighborhood Improvement Corporation Enclave Fencing Project
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30911
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street - Room
605, Augusta, GA 30911. Plans and specifications for the project can be made available upon request to Digital
Blueprint. The fees for the plans and specifications are $15.00, non-refundable.
Documents may also be examined during regular business hours at:
Augusta Builders Exchange F.W. Dodge Plan Room
1262 Merry Street 1281 Broad Street
Augusta, Georgia 30904 Augusta, Georgia 30901
It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy,
the Owner is providing the opportunity to view plans online at www.auQustablue.com at no charge through AUQusta
Blue Print at 706-722-6488, beginning Thursdav. June 4. 2009. Bidders are cautioned that submitting a package
without procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services
or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that
sequestration of documents through any other source is not advisable. Acquisition of documents from unauthorized
sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his
qualifications.
A Mandatory Pre-Bid Conference will be held on Friday, June 26, 2009 at 10:00 a.m. at the location of the project-
The Enclaves on James Brown Blvd., 915 Enclave Lane, Augusta, GA 30901. All questions must be submitted in
writing to the office of the Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by
fax, all must be received by mail or hand delivered. The last day to submit questions is Tuesday, June 30, 2009
by 3:00 pm.
Page 100-1
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I AHCDD Form 100
(Rev. 06/07)
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
INVITATION TO BID
IFB#:
CDBG #2009R
No bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid Bond is
required to be submitted in a separate envelope so marked along with the bidder's qualifications; a 100% Performance
Bond and a 100% Payment Bond will be required for award.
Bidders will please note that the number of copies requested; all supporting documents including financial statements and
references and such other attachments that may be required by the bid are material conditions of the package. Any
package found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending
that he/she has been improperly disqualified from bidding due to an incomplete bid submission shall have the right to
appeal to the appropriate committee of the Augusta Commission. Please mark Bid Number on the outside of the
envelope.
This is a federally assisted project. Bidders and contractors performing work under this advertisement are bound by the
requirements of President's Executive Order 11246 as amended by Executive Order 11375: Title VI of the Civil Rights Act
of 1964; Section 109 of Title 1 of the Housing and Community Development Act of 1974, as amended; Section 3 of the
Housing and Urban Development Act of 1968; the Immigration Reform and Control Act of 1986; the Davis-Bacon Act; the
Copeland "Anti-Kickback" Act; and the Contract Work Hours and Safety Standards Act. The bidder's attention is called to
the "Equal Opportunity Clause" and the goals and timetables for minority and female participation in each trade and to the
fact that not less than minimum wages set forth in the contract documents must be paid.
Geri A. Sams, Procurement Director
Publish:
Augusta Chronicle June 4. 11, 18. 25. 2009
Augusta. Focus or Metro Courier June 10. 2009
Page 100-2
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I AHCDD Form 101
(Rev. 12/08)
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
INSTRUCTIONS FOR BIDDERS
IFB#:
COSG #2009R
1. Bid Preparation and Submission:
A. Bidders are expected to examine the specifications, drawings, all instructions, and, if
applicable, the construction site (see also the contract clause entitled "Site Investigation and
Conditions Affecting the Work" of the General Conditions of the Contract for Construction).
Failure to do so will be at the bidders' risk.
B. All bids must be submitted on the forms provided by the Owner. Bidders shall furnish all the
information required by the solicitation. Bids must be signed and the bidder's name typed or
printed on the bid sheet and each continuation sheet which requires the entry of information by
the bidder. The person signing the bid must initial erasures or other changes. Bids signed by
an agent shall be accompanied by evidence of that agent's authority. (Bidders should retain a
copy of their bid for their records.) To be responsive, the bidder must submit the following
documents in a sealed envelop marked on its face with the correct bidding information with
his/her bid:
(1) Bid Form;
(2) Representations, Certifications, and Other Statements of Bidders;
(3) Section 3 Preference Certification, completed and certified OR marked NA if the bidder is not
claiming Section 3 preference;
(4) Non-collusion Affidavit of Contractor;
(5) Non-collusion Affidavit of Subcontractor;
(6) Bidder's Qualifications, including a:
. Financial Statement,
. Current Georgia Business License as a General Contractor &
. Georgia Contractor's License;
(7) Bid Bond and Certificates;
(8) Georgia Security & Immigration Compliance Act of 2006 Contractor;
(9) Georgia Security & Immigration Compliance Act of 2006 Sub-contractor;
(10) Conflict of Interest;
(11) Statement of Non-Discrimination (See Procurement Package);
(12) Contractor Affidavit;
(13) Subcontractor Affidavit (See Procurement Package)
(14) ARC Local Small Business Opportunity Program Forms -3 (See Procurement Package)
The City shall reject a bid as non-responsive any bid that does not include each of the
above documents, fully completed and properly executed.
C. All bid documents shall be sealed in an envelope which shall be clearly marked with the words
"Bid Documents," the Bid #, the Project Name, the Project Number, the bidder's name, and the
date and time for receipt of bids. If the bidder chooses, he may submit the required Bidder's
Qualifications and Financial Statement in a separate sealed envelope. If the bidder is not the
low bidder, the sealed envelope will be returned unopened. The Bidder's Qualifications and
Financial Statement sealed envelope must be marked on its face with the same information as
above, with the exception that the envelope will be clearly marked "Bidder's Qualifications and
Financial Statement" instead of "Bid Documents."
Page 101-1
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AHCDD Form 101
(Rev. 12/08)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
INSTRUCTIONS FOR BIDDERS
CDBG #2009R
IFB #:
D. If this solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding
on all items is not required, bidders should insert the words "No Bid" in the space provided for
any item on which no price is submitted.
E. Unless expressly authorized elsewhere in this solicitation, alternate bids will not be considered.
F. Unless expressly authorized elsewhere in this solicitation, bids submitted by telegraph or
facsimile (fax) machines will not be considered.
2. Explanations and Interpretations to Prospective Bidders:
A. Any prospective bidder desiring an explanation or interpretation of the solicitation,
specifications, drawings, etc., must request it at least 7 days before the scheduled time for bid
opening. All questions must be submitted in writing to the office of the Procurement
Department by fax at 706-821-2811 or by mail.
B. Any information obtained by, or provided to, a bidder other than by formal amendment to the
solicitation shall not constitute a change to the solicitation.
3. Amendments to Invitations for Bids:
A. If this solicitation is amended, then all terms and conditions that are not modified remain
unchanged.
B. Bidders shall acknowledge receipt of any amendment to this solicitation:
(1) by signing and returning the amendment;
(2) by identifying the amendment number and date on the bid form; or
(3) by letter, telegram, or facsimile. The Procurement Department must receive
acknowledgment by the time and at the place specified for receipt of bids. Bids which fail
to acknowledge the bidder's receipt of any amendment will result in the rejection of the
bid if the amendment(s) contained information that substantively changed the City's
requirements.
C. Amendments will be on file in the office of the Procurement Department at least 7 days before
bid opening.
4. Responsibility of Prospective Contractor:
A. The City will award contracts only to responsible prospective contractors who have the ability
to perform successfully under the terms and conditions of the proposed contract. In
determining the responsibility of a bidder, the City will consider such matters as the bidder's:
Page 101-2
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I AHCDD Form 101
(Rev. 12/08)
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
INSTRUCTIONS FOR BIDDERS
IFB#:
CDBG #2009R
(1) Integrity;
(2) Compliance with public policy;
(3) Record of past performance; and
(4) Financial and technical resources (including construction and technical equipment).
B. The bidder shall submit the completed Bidder's Qualifications form with the bid for the purpose
of assisting the City to determine responsibility. The City may rely on sources of information
other than the bidder's qualifications to determine responsibility. The failure of the bidder to
submit the qualifications shall render the bidder non-responsive and ineligible for award.
5. Late Submissions, Modifications, and Withdrawal of Bids:
A. Any bid received at the place designated in the solicitation after the exact time specified for
receipt will not be considered unless it is received before award is made and it:
(1) Was sent by registered or certified mail not later than the fifth calendar day before the date
specified for receipt of offers (e.g. an offer submitted in response to a solicitation requiring
receipt of offers by the 20th of the month must have been mailed by the 15th);
(2) Was sent by mail, or if authorized by the solicitation, was sent by telegram or via facsimile,
and it is determined that the late receipt was due solely to mishandling by the City after
receipt at the Procurement Department; or
(3) Was sent by U.S. Postal Service Express Mail Next Day Service - Post Office to
Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the
date specified for receipt of proposals. The term "working days" excludes weekends and
observed holidays.
B. Any modification or withdrawal of a bid is subject to the same conditions as in paragraph A of
this provision.
C. The only acceptable evidence to establish the date of mailing of a late bid, modification, or
withdrawal sent either by registered or certified mail is the U.S. postmark both on the envelope
or wrapper and on the original receipt from the U.S. Postal Service. Both postmarks must show
a legible date or the bid, modification, or withdrawal shall be processed as if mailed late.
"Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage
meter machine impression) that is readily identifiable without further action as having been
supplied and affixed by employees of the U.S. Postal Service on the date of mailing.
Therefore, bidders should request the postal clerk to place a hand cancellation bull's-eye
postmark on both the receipt and the envelope or wrapper.
Page 101-3
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I AHCDD Form 101
(Rev. 12/08)
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
INSTRUCTIONS FOR BIDDERS
IFB #:
CDBG #2009R
D. The only acceptable evidence to establish the time of receipt at the Procurement Department
is the time/date stamp of the Procurement Department on the proposal wrapper or other I
documentary evidence of receipt maintained by the Procurement Office.
E. The only acceptable evidence to establish the date of mailing of a late bid, modification, or
withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date
entered by the post office receiving clerk on the "Express Mail Next Day Service-Post Office to
Addressee" label and the postmark on both the envelope or wrapper and on the original receipt
from the U.S. Postal Service. "Postmark" has the same meaning as defined in paragraph (c) of
this provision. Therefore, bidders should request the postal clerk to place a legible hand
cancellation bull's eye postmark on both the receipt and Failure by a bidder to acknowledge
receipt of the envelope or wrapper.
F. Notwithstanding paragraph A of this provision, a late modification of an otherwise successful
bid that makes its terms more favorable to the Owner will be considered at any time it is
received and maybe accepted.
G. Bids may be withdrawn by written notice, or if authorized by this solicitation, by telegram
(including mailgram) or facsimile machine transmission received at any time before the exact
time set for opening of bids; provided that written confirmation of telegraphic or facsimile
withdrawals over the signature of the bidder is mailed and postmarked prior to the specified bid
opening time. A bid may be withdrawn in person by a bidder or its authorized representative if,
before the exact time set for opening of bids, the identity of the person requesting withdrawal is
established and the person signs a receipt for the bid.
6. Bid Opening:
All bids received by the date and time of receipt specified in the solicitation will be publicly opened
and read. The time and place of opening will be as specified in the solicitation. Bidders and other
interested persons may be present.
7. Service of Protest;
A. Definitions. As used in this provision:
(1) "Interested party" means an actual or prospective bidder whose direct economic interest
would be affected by the award of the contract.
(2) "Protest" means a written objection by an interested party to this solicitation or to a
proposed or actual award of a contract pursuant to this solicitation.
B. Protests shall be served on the Owner by obtaining written and dated acknowledgment from
the Procurement Department.
C. All protests shall be resolved in accordance with the Owner's protest policy and procedures.
Page 101-4
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AHCDD Form 101
(Rev. 12/08)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
INSTRUCTIONS FOR BIDDERS
COBG #2009R
IFB#:
Contract Award:
A. The Owner will evaluate bids in response to this solicitation without discussions, and will
recommend contract award to the Contractor.
B. The Owner will award a contract to the responsible bidder whose bid, conforming to the
solicitation, will be most advantageous to the Owner considering only price and any price-
related factors specified in the solicitation.
C. If the apparent low bid received in response to this solicitation exceeds the Owner's available
funding for the proposed contract work, the Owner may either accept separately priced items
(see 8(e) below) or use the following procedure to determine contract award. The Owner shall
apply in turn to each bid (proceeding in order from the apparent low bid to the high bid) each of
the separately priced bid deductible items, if any, in their priority order set forth in this
solicitation. If, upon the application of the first deductible item to all initial bids, a new low bid is
within the Owner's available funding, then award shall be made to that bidder. If no bid is
within the available funding amount, then the Owner shall apply the second deductible item.
The Owner shall continue this process until an evaluated low bid, if any, is within the Owner's
available funding. If upon the application of all deductibles, no bid is within the Owner's
available funding, or if the solicitation does not request separately priced deductibles, the
Owner shall follow its written policy and procedures in making any award under this
solicitation.
D. In the case of tie low bids, award shall be made in accordance with the Owner's Augusta
Housing and Community Development (AHCDD) written policy and procedures.
E. The Owner may reject any and all bids, accept other than the lowest bid (e.g., the apparent low
bid is unreasonably low), and waive informalities or minor irregularities in bids received, in
accordance with the Owner's AHCDD's written policy and procedures.
F. Unless precluded elsewhere in the solicitation, the Owner may accept any item or combination
of items bid.
G. The Owner may reject any bid as non-responsive if it is materially unbalanced as to the prices
for the various items of work to be performed. A bid is materially unbalanced when it is based
on prices significantly less than cost for some work and prices which are significantly
overstated for other work.
H. A written award shall be furnished to the successful bidder within the period for acceptance
specified in the bid and shall result in a binding contract without further action by either party.
Augusta-Richmond County Commission Approval:
Any contract is subject to cancellation and rejection by the members of the Augusta-Richmond
County Commission, without liability, at the next regularly scheduled, properly convened meeting,
following submission of the contract for approval, regardless of any contrary statements or
representations of any member, officer, or employee of the Owner. The contractor recognizes that
neither the Grant Recipient nor any member, officer, or employee of the Owner or AHCDD has the
power or authority to waive or limit the effect of this Paragraph nor the control of the members of
the Augusta-Richmond County Commission over the approval of any contract. In the event that
the members of the Augusta-Richmond County Commission cancel or reject this contract at their
next regularly scheduled, properly convened meeting, as outlined above, this contract shall be null
Page 101-5
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AHCDD Form 101
(Rev. 12/08)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
INSTRUCTIONS FOR BIDDERS
IFB #:
CDBG #2009R
and void and of no effect as to the Grant Recipient or AHCDD, and there shall be no liability on
the part of the Grant Recipient or AHCDD hereunder.
9. Bid Guarantee (applicable to construction and equipment contracts exceeding $25,000):
All bids must be accompanied by a negotiable bid guarantee that shall not be less than ten
percent (10%) of the amount of the bid. The bid guarantee may be a certified check, bank draft,
U.S. Government Bonds at par value, or a bid bond secured by a surety company acceptable to
the U.S. Government and authorized to do business in the state where the work is to be
performed. Certified checks and bank drafts must be made payable to the order of the Augusta,
Georgia Housing & Community Development Department. The bid guarantee shall insure the
execution of the contract and the furnishing of a method of assurance of completion by the
successful bidder as required by the solicitation. Failure to submit a bid guarantee with the bid
shall result in the rejection of the bid. Bid guarantees submitted by unsuccessful bidders will be
returned as soon as practicable after bid opening.
10. Assurance of Completion:
A. Unless otherwise provided in State law, the successful bidder shall furnish an assurance of
completion prior to the execution of any contract under this solicitation. This assurance may
be:
(1) a performance and payment bond in a penal sum of 100 percent of the contract price; or as
may be required or permitted by State law; or
(2) separate performance and payment bonds, each for 50 percent or more of the contract
price.
B. Bonds must be obtained from guarantee or surety companies acceptable to the U.S.
Government and authorized to do business in the State of Georgia. Individual sureties will not
be considered.
C. Each bond shall clearly state the rate of premium and the total amount of premium charged.
The current power of attorney for the person who signs for the surety company must be
attached to the bond. The effective date of the power of attorney shall not precede the date of
the bond. The effective date of the bond shall be on or after the execution date of the contract.
D. Failure by the successful bidderto obtain the required assurance of completion within the time
specified, or within such extended period as the Owner may grant based upon reasons
determined adequate by the Owner, shall render the bidder ineligible for award. The Owner
may then either award the contract to the next lowest responsible bidder or solicit new bids.
The Owner may retain the ineligible bidder's bid guarantee.
Page 101-6
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
INSTRUCTIONS FOR BIDDERS
IFB#:
CDBG #2009R
11. Pre-construction Conference (applicable to construction contracts):
After award of a contract under this solicitation and prior to the start of work, the successful
bidder will be required to attend a pre-construction conference with representatives of the
Owner, Grant Recipient, AHCDD and its architect/engineer, and other interested parties
convened by the Augusta, GA's Housing and Community Development Department. The
conference will serve to acquatnt the participants with the general plan of the construction
operation and all other requirements of the contract (e.g., Equal Employment Opportunity,
Labor Standards). The Owner's AHCDD will provide the successful bidder with the date, time,
and place of the conference.
Page 101-7
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I AHCDD Form 102
(Rev. 05/07)
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
INFORMATION AVAILABLE TO BIDDERS
IFB#:
CDBG #02009R
The following information concerning this solicitation is available to the bidder. Please note
that this information was gathered solely for the use of the Owner's Augusta Housing &
Community Development Department and not for use as a basis for calculations in preparing a
bid. The use and interpretation of this information for any purpose will be entirely the
responsibility of the using party.
Item # Title of Docu ment Description of Document Total Pages
The potential bidder may view the above documents at the location indicated in the Invitation to Bid Notice.
Page 102-1
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AUGUSTA HOUSING & COMMUNITY IFB #:
AHCDD Form 103 DEVELOPMENT DEPARTMENT
(Revised 05107) BID FORM CDBG #2009R
Project Number Bidders are encouraged to carefully examine the documents and
CDBG #2008R construction site. Failure to do so shall be at the bidder's risk.
Bid Issue Date Submit bid to: Geri A. 5ams
Thursdav, June 4,2009 Procurement Department
Project Title 530 Greene Street - Room 605
Augusta Neighborhood Improvement Corporation Augusta, Georgia 30911
Enclaves Fencina Proiect 706 - 821-2422
Project Description
Provide materials and labor to install fencing
enclosina the Enclave Townhouse apartments.
:~~~;~:;\/,-~~~;~ -~ ::~,~~,_ ~"~L')~.::~<>~,~ ,~; ~~-"', ~~mf;;~~~i\~?;~;~~;'~;~,::~':U:~'~i "~~2~~~/t;)-~~~j,s~
Name of Company:
Federal Tax ID Number:
20- 8'C...5 79rO
SITEC LLC
217 Fairfield St NE
Aiken, SC 29801
Bidder's Telephone Number:
8'()~ - otJ7-/g:-39
Bidder's Fax Number:
Bidder's
8'03 - ~ 1-'1- 7 f)~2.
Name of Person Submitting the Bid:
IAJIt..u_A7I? h4A et:.
TlUe of Person Submitting the Bid:
O"I.NV~
-
oJ ,e.
!1~~}!tf~~1i,1~::;:{2~~!~~~~~~~~~.~~i1}~~1~;i:~~~;_~~i
This is to acknowledge that an authorized representative(s) of the above named company has
familiarized himself/herselflthemselves with the local conditions affecting the cost of the work, all
instructions, General and Supplemental Conditions, Contractor's compliance and reporting
requirements, the specifications, drawings, and addenda.
The City requires a minimum acceptance period of 60 calendar days. "Acceptance period," as used in this provision, means the number of calendar
days available to AHCDD for awarding a contract from the date specified in this solicitation for receipt of bids.
By the submission of this bid, the bidder certifies that neither it nor any person or firm who has an interest in the bidder's firm is a person or firm
ineligIble to be awarded contracts by either the U.S. Department of Housing & Urban Development, the City or the Augusta Housing & Community
Development Department, according to AHCDD policies and procedures.
In submitting this bid, it is understood that the Owner reserves the right to reject any arid all bids.
Acknowledgment of Addenda: The bidder acknowledges the following addenda: (Failure to acknowledge may cause bid rejection.)
Addenda No.
-#/
Addenda Date 7 , Z(:) c:J't Addenda No.
Addenda Date
Addenda No.
Addenda Date
Addenda No.
Addenda Date
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Page 103-1
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I The bidder hereby proposes to furnish all labor, materials, equipment and services required to complete the construction
contract as per the reauirements of the consy-uction documents, all in accordance therewith, for the sum of:
1-,-__ f~'f1f~ m~_ ~~ .;- ffco OOUAAS L$11 000 0"
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AHCDD Form 103
(Revised 05/07)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
BID FORM
IFB #:
COBG #2009R
~.--~-~~
1!'":.'~;-<::"'::J'<',J,r '..' '.- - -' :' ~-'o;;:'l])~~1!~~w18'-:" -,-c>::'-:- ,,":',:~:;, :""""',,,:, '", -,"~':- ,.;,:;
~~_.~ ~
To be responsive, the bidder must submit the following documents in a sealed envelope marked on its face with the
correct bidding information with his/her bid:
1. Bid Fonn (Form 103)
2. Representations, Certifications, and Other Statements of Bidders;
(FoRTI 104)
3. Section 3 Preference Certification completed and certified QB marked
NA if the bidder is not claiming Section 3 preference; (Form 105)
4. Non-collusion Affidavit Contractor; (Fonn 106)
5. Non-collusion Affidavit Subcontractor (See Procurement Package)
6. Bidder's Qualifications (including a Financial Statement and a Georgia
business license). (Fonn 107) and Georgia Contractor's License
7. Bid Bond and Certificates (Fonn 110)
8. GA. Securlty & Immigration Compliance Ad. of 2006 - Contractor
9. GA Security & Immigration Compliance Act of 2006 - Subcontractor
10. Conflict of Interest
11. Statement of Non Discrimination (See Procurement Package)
12. Contractor Affidavit
13. Subcontractor Affidavit (See Procurement Package)
14. ARC Local Small Business Opportunity Program Fonns - 3
(See Procurement Package)
The Owner shall reject a bid as non-responsive any bid that does not include each of the above documents, fully
completed and properly executed.
Unit
Item Description
Estimated
Quantity
Unit Bid Price
Measure
Price
$
$
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I The bidder may continue by copying and attaching this section to the Bid Fonn.
$
$
$
$
$
$
$
Sum of all cost extensions
are included in the base bid
$
Page 103-2
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AUGUSTA HOUSING & COMMUNITY IF8 #:
AHCDD Form 103 DEVELOPMENT DEPARTMENT
(Revised 05/07) BID FORM CDBG #2009R
The Owner Dis Wis not requesting deductive alternates for this bid. To offer a bid the bidder is requested to
breakout the following items from the base bid. Each item shall include all labor, materials, equipment and services
required to complete item.
Item Item Bid
# Item Description
$
$
MN'_ $
$
$
$
$
$
$
$
$
The undersigned agrees to commence actual physical work on the site with an adequate force and equipment within ten
(10) days of a date to be specified in a written order of the Owner and to complete fully all work in 120 consecutive
calendars days from and including said date.
The undersigned further agrees to pay, as liquidated damages, the sum of $100.00 for each consecutive calendar day
thereafter that the work is not complete as provided in the General Conditions.
If fictitious trade name is employed in the conduct of
business, insert such name and complete, as
appropriate. This foregoing fictitious or trade na e:
o is 0 is not registered under State Law.
14- I!) . JJ -.,'-,
I' ' / ~
--?/~~/~M1' A:--
Name of person submitting the bid
W~ness Name
l:\usiness address
Witness Signature
Date
Page 103-3
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AHCDD Form 103
(Revised 05107)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
BID FORM
IFB #:
COBG #2009R
If fictitious trade name is employed in the conduct
business, insert such name and complete, as
appropriate. This foregoing fictitious or trade name:
D is 0 is not registered under State Law.
Date
Name of person submitting the bid
Witness
Witness Name
Business address
Witness Signature
Date
SITEC LLC
217 Fairfield St NE
Aiken, SC 29801
00__ SI....... 6-
n. /?. }/"')tJ
'.
Name of Corporation
Title
6~N'r="72-
Date
7/z~/2mf
4, I tk/ /r17' t?1e..c:;'e~, Jt,
Certificate as to Corporate Principal / s~~ l. ~ ....,~
I, h,U-l A?Y1 .rJ.?~J..~. ...I~ ,
certify that I am the Secretary of the' corporation named
as Principal in the within bond:
That 4>>c.u~ b?~r:;J- .1P. ,
who signed the bond on behalf of the -Principal, was
then 64.."'.1~ of
said corporation'; that I know his signature, and his
signature thereto is genuine; and that said bond was
duly signed, sealed, and attested to for and in behalf of
said corporation by authority of its governing body.
Name of person submitting the bid
SITEC LLC
217 Fairfield St NE
Aiken, SC 29801
__ (Corporate Seal)
Page 103-4
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I 1. Certificate of Independent Price Determination:
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AHCDD Form 104
(Rev. 05107)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
REPRESENTATIONS, CERTIFICATIONS,
AND OTHER STATEMENTS OF BIDDERS
IFB#:
COBG #2009R
a. The bidder certifies that:
(1) The prices in this bid have been arrived at independently, without, for the purpose of
restricting competition, any consultation, communication, or agreement with any other
bidder or competitor relating to:
(a) those prices;
(b) the intention to submit a bid; or
(c) the methods or factors used to calculate the prices offered;
(2) The prices in this bid have not been and will not be knowingly disclosed by the bidder,
directly or indirectly, to any other bidder or competitor before bid opening (in the case of
a sealed bid solicitation) or contract award (in the case of a competitive proposal
solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the bidder to induce any other concern to
submit or not to submit a bid for the purpose of restricting competition.
b. Each signature on the bid is considered to be a certification by the signatory that the signatory:
(1) Is the person in the bidder's organization responsible for determining the prices being
offered in this bid or proposal, and that the signatory has not participated and will not
participate in any action contrary to subparagraphs a.(1) through a.(3) above; or
(2) Has been authorized, in writing, to act as agent for the following principals in certifying
that those principals have not participated, and will not participate in any action contrary
to subparagraphs a. (1) through a. (3) above.
tu,,,,-, ~ M ct:# ~,t; ~AIIIm..., /~/~~sr ,.,.~
I
(3)
[Insert full name of person(s) in the bidder's organization responsible for
determining the prices offered in this bid or proposal, and the title of his or her
position in the bidder's organization]
As an authorized agent, does certify that the principals named in subdivision b.(2)(a)
above have not participated, and will not participate, in any action contrary to
subparagraphs a.(1) through a.(3) above; and
As an agent, has not personally participated, and will not participate in any action
contrary to subparagraphs a. (1) through a. (3) above.
(4)
C. If the bidder deletes or modifies subparagraph (a) 2 above, the bidder must furnish with its bid
a signed statement setting forth in detail the circumstances of the disclosure.
Page 104-1
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AHCDD Form 104
(Rev. 05107)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
REPRESENTATIONS, CERTIFICATiONS,
AND OTHER STATEMENTS OF BIDDERS
CDBG #2009R
IFB #:
d. Non-collusion affidavit. (Applicable to all contracts for construction and equipment.) Each
person, firm, or agency submitting a bid/proposal shall execute an affidavit, in the form
provided by the Owner's Augusta Housing & Community Development Department (AHCDD),
to the effect that he/she has not colluded with any other person, firm or corporation in regard to
any bid/proposal submitted in response to this solicitation. In addition, at AHCDD's
determination, the bidder may be required to submit a non-collusion affidavit for each of hislher
subcontractors.
Contingent Fee Representation and Agreement:
a. Definitions. As used in this provision:
(1) "Bona fide employee" means a person, employed by a bidder and subject to the bidder's
supervision and control as to time, place, and manner of performance, who neither exerts,
nor proposes to exert improper influence to solicit or obtain contracts nor holds out as
being able to obtain any contract(s) through improper influence.
(2) "Improper influence" means any influence that induces or tends to induce the Owner or
an AHCDD employee or officer to give consideration or to act regarding an AHCDD
sponsored contract on any basis other than the merits of the matter.
b. The bidder represents and certifies as part of its bid that, except for full-time bona fide
employees working solely for the bidder, the bidder:
(1) D has Gjhas not employed or retained any person or company to solicit or
obtain this contract; and
(2) 0 has ~s not paid or agreed to pay to any person or company employed or
retained to solicit or obtain this contract any commission, percentage, brokerage,
or other fee contingent upon or resulting from the award of this contract
c. If the answer to either b. (1) or b. (2) above is affirmative, the bidder shall make an immediate
and full written disclosure to the Owner and AHCDD.
d. Any misrepresentation by the bidder shall give the Owner the right to:
(1) terminate the contract;
(2) at its discretion, deduct from contract payments the amount of any commission,
percentage, brokerage, or other contingent fee; or
(3) take other remedy pursuant to the contract.
3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
(applicable to contracts exceeding $100,000):
a. The definitions and prohibitions contained in Section 1352 of title 31, United States Code, are
hereby incorporated by reference in paragraph b of this certification.
Page 104-2
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AHCDD Form 104
(Rev. 05107)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
REPRESENTATIONS, CERTIFICATIONS,
AND OTHER STATEMENTS OF BIDDERS
COBG #2009R
IFB #:
b. The bidder, by signing its bid, hereby certifies to the best of his or her knowledge and belief as
of the date of this bid, that:
(1) No Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress
on his or her behalf in connection with the awarding of a contract resulting from this
solicitation;
(2) If any funds other than Federal appropriated funds (including profit or fee received under
a covered Federal transaction) have been paid, or will be paid, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress
on his or her behalf in connection with this solicitation, the bidder shall complete and
submit, with its bid, OMB standard form LLL, t'Disclosure of Lobbying Activities;" and
(3) He or she will include the language of this certification in all subcontracts at any tier and
require that all recipients of subcontract awards in excess of $100,000 shall certify and
disclose accordingly.
c. Submission of this certification and disclosure is a prerequisite for making or entering
into this contract imposed by Section 1352, Title 31, United States Code. Any person
who makes an expenditure prohibited under: this provision or who fails to file or amend
the disclosure form to be filed or amended by this provision, shall be subject to a civil
penalty of not less than $10,000, and not more than $100,000, for each such failure.
Organizational Conflicts of Interest Certification:
The bidder certifies that to the best of its knowledge and belief and except as otherwise disclosed,
he or she does not have any organizational conflict of interest which is defined as a situation in
which the nature of work to be performed under this proposed contract and the bidders
organizational, financial, contractual, or other interests may, without some restriction on future
activities:
a. Result in an unfair competitive advantage to the bidder; or,
b. Impair the bidder's objectivity in performing the contract work.
[ ] In the absence of any actual or apparent conflict, I hereby certify that to the
best of my knowledge and belief, no actual or apparent conflict of inteJ.J1~~ exis~ with
regard to my possible performance of this procurement (Please initial.)/ ~
Bidder's Certification of Eligibility:
a. By the submission of this bid, the bidder certifies that to the best of its knowledge and belief,
neither it, nor any person or firm which has an interest in the bidder's firm, nor any of the
bidder's subcontractors, is ineligible to:
Page 104~3
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AHCDD Form 104
(Rev. 05/07)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
REPRESENTATIONS, CERTIFICATIONS,
AND OTHER STATEMENTS OF BIDDERS
IFB#:
COBG #2009R
(1) Be awarded contracts by any agency of the United States Government, HUD, the State of
Georgia, Augusta-Richmond County, or AHCDD; or,
(2) Participate in HUD programs pursuant to 24 CFR Part 24.
b. The certification above is a material representation of fact upon which reliance was placed
when making award. If it is later determined that the bidder knowingly rendered an erroneous
certification, the contract may be terminated for default, and the bidder may be deharredor
suspended from participation in HUD programs and other Federal contract programs.
6. Minimum Bid Acceptance Period:
a. "Acceptance period," as used in this provision, means the number of calendar days available
to the Owner for awarding a contract from the date specified in this solicitation for receipt of
bids.
b. This provision supersedes any language pertaining to the acceptance period that may appear
elsewhere in this solicitation.
c. The Owner requires a minimum acceptance period of sixty (60) calendar days.
d. A bid allowing less than the Owner's minimum acceptance period will be rejected.
e. The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that
bid is accepted in writing within:
(1) The acceptance period stated in paragraph (c) above, or
(2) any longer acceptance period stated in paragraph (d) above.
7. Small, Minority, Women-Owned Business Concern Representation:
The bidder represents and certifies as part of its bid! offer that it:
a. [2(is D is not a small business concern. "Small business concern," as used in this
provision, means a concern, including its affiliates, that is independently owned and operated,
not dominant in the field of operation in which it is bidding, and qualified as a small business
under the criteria and size standards in 13 CFR 121.
b. D is ~s not a women-owned business enterprise. 'Women-owned business
enterprise," as used in this provision, means a business that is at least 51 percent owned by a
woman or women who are U.S. citizens and who also control and operate the business.
Page 104-4
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AHCDD Form 104
(Rev. 05107)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
REPRESENTATIONS, CERTIFICATIONS,
AND OTHER STATEMENTS OF BIDDERS
CDBG #2009R
IFB#:
c. is D is not a minority business enterprise. "Minority business enterprise," as used in
this provision, means a business which is at least 51 percent owned or controlled by one or
more minority group members or, in the case of a publicly owned business, at least 51 percent
of its voting stock is owned by one or more minority group members, and whose management
and daily operations are controlled by one or more such individuals. For the purpose of this
definition, minority group members are: (Check the block applicable to you)
~aCk Americans 0 Asian Pacific Americans
D Hispanic Americans
o Asian Indian Americans
o Hasidic Jewish Americans
D Native Americans
8. Certification of Eligibility Under the Davis-Bacon Act (applicable to construction contracts
exceeding $2,000)
a. By the submission of this bid, the bidder certifies that neither it nor any person or firm who has
an interest in the bidder's firm is a person or firm ineligible to be awarded contracts by the
United States Government by virtue of section 3(a) of the Davis-Bacon Act ,or 29 CFR
5.12(a)(1). .
b. No part of the contract resulting from this solicitation shall be subcontracted to any person or
firm ineligible to be awarded contracts by the United States Government by virtue of section
3(a) of the Davis-Bacon Act or 29 CFR 5.12{a)(1).
c. The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C.
1001.
9. Certification of Non-Segregated Facilities (applicable to contracts exceeding $10,000)
a. The bidder's attention is called to the clause entitled Equal Employment Opportunity of the
General Conditions of the Contract for Construction.
b. "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest
rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and
other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees, that are segregated by
explicit directive or are in fact segregated on the basis of race, color, religion, or national origin
because of habit, local custom, or otherwise.
c. By the submission of this bid, the bidder certifies that it does not and will not maintain or
provide for its employees any segregated facilities at any of its establishments, and that it does
not and will not permit its employees to perform their services at any location under its control
where segregated facilities are maintained. The bidder agrees that a breach of this certification
is a violation of the Equal Employment Opportunity clause in the contract.
Page 104~5
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110. Clean Air and Water Certification (applicable to contracts exceeding $100,000)
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AUGUSTA HOUSING & COMMUNITY IFB #:
AHCDD Form 104 DEVELOPMENT DEPARTMENT
{Rev. 05107) REPRESENTATIONS, CERTIFICATIONS, CDBG #2009R
AND OTHER STATEMENTS OF BIDDERS
d. The bidder further agrees that (except where it has obtained identical certifications from
proposed subcontractors for specific time periods) prior to entering into subcontracts which
exceed $10,000 and are not exempt from the requirements of the Equal Employment
Opportunity clause, it will:
(1) Obtain identical certifications from the proposed subcontractors;
(2)
(3)
Retain the certifications in its files; and
Forward the following notice to the proposed subcontractors (except if the proposed
subcontractors have submitted identical certifications for specific time periods):
Notice to Prospective Subcontractors of Requirement for Certifications of Non-
segregated Facilities
A Certification of Non-segregated Facilities must be submitted before the award of a
subcontract exceeding $10,000 which is not exempt from the provisions of the Equal
Employment Opportunity clause of the prime contract. The certification may be
submitted either for each subcontract or for all subcontracts during a period (Le.,
quarterly, semiannually, or annually).
Note: The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.
The bidder certifies that:
a. Any facility to be used in the performance of this contract::
D is ~ not listed on the Environmental Protection Agency List of Violating
Facilities.
b. The bidder will immediately notify the Owner's AHCDD, before award, of the receipt of any
communication from the Administrator, or a designee, of the Environmental Protection Agency,
indicating that any facility that the bidder proposes to use for the performance of the contract is
under consideration to be listed on the EPA List of Violating Facilities; and,
c. The bidder will include a certification substantially the same as this certification, including this
paragraph (c), in every nonexempt subcontract.
Page 104-6
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I 11. Bidder's Signature:
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AUGUSTA HOUSING & COMMUNITY IFB #:
AHCDD Form 104 DEVELOPMENT DEPARTMENT
(Rev. 05/07) REPRESENTATIONS, CERTIFICATIONS, COSG #2009R
AND OTHER STATEMENTS OF BIDDERS
This form must be submitted with the bid with all information completed. The bidder hereby
certifies that the information contained in these certifications and representations is accurate,
complete, and current Failure to submit this certification properly completed and executed will
render the bidder non-responsive.
4 /1-- /J1. 6
7/23 /2CJoo/
(Signature and Date)
WIt.-l,l Jh+?
ft1CC;k J;L,
(Typed or Printed Name)
~1Jt/4'O'7Z-fr...v~{.,g- ;41 ~
(Title)
(Company Name)
SITEC LLC
217 Fairfield St NE
Aiken, SC 29801
. (Company Address)
Page 104-7
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AHCDD Form 105
(Rev. 10106)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3
PREFERENCE IN CONTRACTING AND DEMONSTRATION OF CAPABILITY
COBG #2009R
IFB #:
Name of Business:
Address of Business:
SITEC LLC
217 Fairfield St NE
Aiken, SC 29801
Attached is the following documentation as evidence of status:
For business claiming status as a Section 3 resident-owned Enterprise:
D Copy of resident lease D Other Evidence
o Copy of evidence of participation in a public assistance program
For the business entity (as applicable):
D Copy of Articles of Incorporation D Certificate of Good Standing
D Assumed Business Name Certificate D Partnership Agreement
o List of Owners/Stockholders and % of each D Corporation Annual Report
D Organization chart with names and titles and brief functional statement
o Latest Board minutes appointing officers
~ Additional documentation c,A- $t:r Cc-rf, If;
For business claiming Section 3 status by subcontracting 25 percent of the dollar awarded to a qualified
Section 3 b~siness: 4 .
D List of subcontracted S~6;:n 3 business with corresponding certifications & subcontract amount
For business claiming Section 3 status, claiming at least 30 percent of their workforce are currently
Section 3 residents, or were Section 3 eligible residents within 3 years of date of first employment with
the business: 1'1 It-
D List of all current full time employees D List of all employees claiming Section 3 status
o Residential lease (less than 3 years from day of employment)
D Other evidence of Section 3 status (less than 3 years from date of employment)
Evidence of ability to perform successfUlly under the terms and conditions of the proposed contract:
Di'urrent financial statement ~ ys(of owned equipment
o Statement of ability to comply with public policy L.:::/'List of all contracts for the past two years
~'€C? '(.)11 L..IPCfr n(1 ~ ~
Wu..{..{/J-w'I t11t ak_ .j/-, (Corporate Seal)
(Authorizing Official Name - Print)
(AuthOriZing~~~
Altestedby: y ~
Name (Print):' lJ/hI;p rJ t1~c;/1(,R
Page 105-1
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By submission of this bid or proposal, each Vendor and each person signing on behalf of any Vendor
I certifies, and, in the case of a joint bid or offer, each party thereto certifies as to its own organization, under
penalty of perjury, that to the best of his knowledge and belief:
I 1. The prices in -this quotation have been arrived at independently without collusion, consultation, communications,
or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other
bidder/offeror or with any competitor;
2. Unless otherwise required by law, the prices which have been offered in this. bid/offer have not been knowingly
I disclosed by the bidder/offeror and will not knowingly be disclosed by the bidder/offeror, directly or indirectly to
any other bidder/offeror or to any competitor;
I 3. No attempt has been made or will be made by the bidder/offeror to include any other person, partnership or
corporation to submit or not to submit a bid/offer for the purpose of restricting competition and,
4. No employee of the City of Augusta or any elected or appointed official has received or will receive any payment
or any other form of financial compensation from the bidder/offeror as a result of award of a contract or promise of
I award to the bidder/offeror.
Note: Failure to submit this affidavit by the date specified in this solicitation may render the bid non-
responsive. No contract award will be made without a properly executed affidavit.
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AHCDD Form 106
(Rev. , 0106)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
NON-COLLUSION AFFIDAVIT
IFB #:
COBG #2009R
TELEPHONE:
o~ - 5""67 ~ J 1 '5
FAX: EtJ"!J....' 4<./;--7 () <f--z,/
2. SPECIFY TYPE OF OWNERSHIP:
Sole Proprietor a MBE
Partnership SBE
Professional Corp. WBE
Corporation
GA Business License #: I}/JP.
.,
SITEC LLC
217 Fairfield St NE
Aiken, SC 29801
3. NAMES OF ALL INDIVIDUALS HAVING MORE THAN 3% INTEREST IN COMPANY:
Name Title
~
Phone Number
'O~-5"07-/ 33
Name:
U/,l.C.,f 11m Ih u:;,), ~ ~
frhol)tl'Q,
~'Vd-
" /2." I 'Z6b 9
J,J..,
Name:
Signature:
Signature:
Title:
Title:
Date:
Date:
Subscribed and sworn to before me this z.. 3
My Commission expires ~) 13.1~( 01/
My Commission Expires
September ?9. 2015
day of
-
cJc.'L.-{
, 20 .J2!l.
,20_.
Notary
(SEAL) .
Page 106-1
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AHCDD Form 107
(Rev. 10106)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
BIDDERS QUALIFICATIONS
IFB #:
COBG #2009R
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15 SITEC LLC
217 Fairfield StNE
Aiken, SC29801
and containing a balance sheet providing at least the following infonnation.
BALANCE SHEET
ASSETS
CURRENT ASSETS:
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Cash-
Joint Venture Accounts
Accounts Receivable.-
Notes Receivable
Accrued Interest on Notes
Deposits .J
Material and Prepaid Expense .
Total Current Assets.__-~_.________-_-._-18, ,30()..
FIXED ASSETS - NET ~ I O~
OTHER ASSETS
TOTAL ASSETS:
Z5tJo
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1b;i'fJO
t).
7tJ, ,3.00
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LIABILITIES AND CAPITAL
CURRENT LIABILITIES
Accounts Payable
Notes Payable----------- m
Accrued Interest on Notes
Provision for Income Taxes
Advances Received from Owners....
Accrued Salaries
Accrued Payroll Taxes
Other
Total Current liabilities
tI
/5; DOlO
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IS;D~
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OTHER LIABILITIES
CAPITAL
Capital Stock
Authorized and Outstanding Shares,
Par Value
Eamed Surplus
TOTAL LIABILITIES AND CAPITAL
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I The undersigned hereby authorizes and requests any person, firm, or corporation to fumish any infonnation requested by the City's Augusta Housing &
Community Development Department in verification of the recitals comprising this Statement of Bidder's Qualifications.
I Signature of Bidder VVl Name of Bidder
F" ,sITt:'-CJ t...LG
112?;/2.6o "
I State of .;h~ 1"'}/ ci1"t; II ~) ss.
County of I}.., i'f,r;:rJ
I ra.A I JI"'I-
V ' J L-4J ~ r-I t ~ ~-t: _,,,,, being duly sworn deposes and says that he is
:5,,,-~, LL c...
~-
J~; /POD
Date
Tille of Bidder
~WN~
I
~~^"BL
of
and that the answers to the foregoing questions and all statements therein contained are true and
I correct.
I
Swom to before me this
~3
day of
,J:.t.'f
,20~
My Commission Expires
Notary Public
My Commission Expires
Page 107.3
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AHCDO Form 107
(Rev; 10/06)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
BIDDERS QUALI FICATIONS
COBG #2009R
IFB #:
All questions must be answered and the data given must be clear and comprehensive. This statement must be
notarized. If necessary add separate sheets for items requiring additional explanation. This information may be
submitted in a separate sealed envelope marked "Bidder's Qualifications and Financial Statement". In the
event your bid is not selected for award, this envelope will be returned to the Contractor unopened.
1. Name of Bidder:
2. Date Company Organized:
3. Pel
SITEC LLC
217 Fairfield St NE
Aiken, SC 29801
,,::;;,#[[2:3 / 2otP~
4. State incorporated
-SDOTH C./htAJ~/A.J19
5. How many years have you been engaged!n the contracting
business under your present firm name?
.312.
6. Listing of current contracts: (Schedule these, showing nature of the work, gross amount of each contract, anticipated dates for
completion, name and telephone number of owner's representative).
"T'"O
"
r;;:"
Z. 1 ~ 7) . t!:)(J
~~4 oCt!>. () e>
c,us7* J2.,-~~~ c.UN 4sr r:;;1J~1i!:,A..JL...,.
~t,.,; Tb~ Ut,) N"M{ :r tlor1f- CA4c./A:JA- ~",....
7. General character of work usually performed by your company.
c.~FJ lIliI ci...". ~<e1J' 5; q, U.,. , -h- 'fit L'~r .;.,(, ~A "']), fA-bu /bJ~
!SU$o';fnS GNT6R.Ae.4str freo4,t!A-AJ,. r;..... UWt,"~I-e.,J ~ :z;;..~nrvT7 ~
i3f..1IL. )>/.ur, ~~ ST'~"'OI(}.
8. Have YOLl ever failed to complete any work awarded to you? If so, where and why?
Howl:
I 9. Have you ever defaulted on a contract? If so, where and why?
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10. List the three (3) most important structures recently completed by your company, stating approximate cost of each, month and year
completed, name, and telephone number of owner's representative.
~
Page 107-1
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I 14. Credit available for administration of this contract (furnish written evidence.)
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AHCDD Form 107
(Rev. 10/06)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
BIDDERS QUALIFICATIONS
IFB #:
CDBG #2009R
11. Ust your major equipment available for use on this contract.
~esr A-r:r~
ST
12. Experience in construction work similar in scope to this project.
13. Background and experience of the principal members of your firm, including the officers and proposed construction superintendent.
SEe- A-rr~
,
~.~ ( ~.So"" ~ ~rr- A-v.....c-~r...z:r
;==;:=Oil{ lSAN~ ~) !.A.-
I' 7 j..J~-dl.eto 'S 'S.,- S u.)
frl-J::\~ I ~ Z'i ~ )
~ t2GP:
K p...,.,~ ?ClP~
-:f:O ~ - '44- '22-41
/f-c,uv/.JT5.::tb 00 t..""Z... ~L-Sl\ 'I/,,:3
E ;::IJ=- D 6 '% +.os 10
Page 107-2
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SITEC LLC
217 Fairfield St NE
Aiken, SC 29801
13,"D~ Q"'Al-
.:fh,~
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I Worked Name of Owner
Contract asa lType of Contact PenoD
Dollar Prime Work Date Address
Amount or Sub! Performed ComDleted TelepbOlle No.
AIken Technical College
Mike Oucan
$7,750 Prime --s--- 12128108 PO Box 696
~ I<I...c, AIken, SC 29802-0698
~ lI()3..593.995l
BEAM's ConslIuction. 100
26{"") David McGhee
$17,802 Sub 01J0U08 2335 Atomic Road
:5/rF Beech Island, SC 29842
~ 803-827~136
Se.i)o"'- ~.rer::::r S~-Jeof;
l'5,q'r) Rt.1l4ti 'B"""'~I ""'" 115'1"Ztl~ t:($"$;' ~ "iT
a""lI.....tfo~~ ~ ZC!ZlP/
A-DJJI',..,,,IJ &I ~t f7..,~"""P~b
:)_ - 5"~
.
-
CA FORM 1, Rev. Janumy 1,2009
10
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SITEC LLC ~J~ QoM-
217 Fairfield St NE ~ \ \
Aiken, SC 29801
the Firm participate as a subcontractor to
tat is both leased and owned by the Firm.
Description of Equipmeot Number of Owned or
Pieces Leased
Bobcat T190 Track Loader 1 Owned
Bobcat Trailer 1 OWned
1995 Ford F800 Dump 1 OWned
.
Dodge RAM 1500 2003 Pickup 1 OWned
Vibratory Roller Ingesoll 0024- 1 Leased
Base Roller Ingresoll 0D40 1 Leased
Backhoe Loader John Deere 310 1 Leased
Motor GraderFl8tal1s 65C ... 1 Leased
CA FORM 1, Rev. January 1,2009
11
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1Srl:)~ ~At-
-:I:~ :p:. \ 3
SITEC, LLC
EXPERIENCE
SIlEC, LLC is a relatively new Industrial and Commercial light construction company
formed in 2007. SIlEC, LLC is locally owner and operated and certified by the South
Carolina Department of Transportation Program as a Disadvantaged Business Enterprise
(DBE) with the SCDOT Unified Certification (UCF) program. Areas of work approved
under the SCOOT program are commercial construction, training, and consulting.
SITEC, LLC is also certified under the Georgia Department of Transportation Georgia
Uniform Certification Disadvantaged Business Enterprise program for Commercial and
Institutional Building Construction. Both certifications required that the company meet
the criteria outlined in Federal Regulations 49 CFR, Part 26. Copy ofSCDOT DBE
Certification and Pre- qualification Certificate are attached along with The State of
Georgia "Certificate of Authority".
SIlEC, LLC recent projects are:
. SCDOT Restroom Addition to Maintenance Shed
. Hammonds Ferry North Augusta concrete driveway finishing
. Aiken Technical College site preparation, curb, gutter, and bump~r block work
. Asphalt driveway installation for Harper Realty
. Aiken Technical College Parking Lot Resealing
SITEC LLC sole owner William McGhee South Carolina is a licensed (2004) Residential
Home Builder and has completed. He holds a Master of Business Administration (MBA)
degree. He has over 30 years of manufacturing and industrial project management
experience. He recently from the SC State Technical College system where he was
responsible the development and implementation of workforce training programs for
industrial clients. He has recently directed a construction skills training National
Construction Center for Education & Research (NCCER) for South Carolina Department
of Transportation. He holds a Master of Business Administration (MBA) degree.
David McGhee, General Manager for SITEC LLC has a proven ten (10) year track record
as a Project Manager at Beam's Contracting in Beech Island, SC. His construction related
projects credentials include: City of Aiken Citizens Park ballpark, City of Aiken Saluda
Street infrastructure improvements, City of North Augusta Hammonds Ferry Soccer
Complex, and City of North Augusta Downtown Street Scrapes Phases 1,2, and 3. He
has a Bachelors of Science degree in Housing and Consumer Economics from the
University of Georgia. .David holds the "Qualifying Partner" South Carolina General
Contractors license with Concrete Paving specialty for SITEC, LLC. He is certified as a
Utility Foreman in Georgia.
.~ ,.@'\ * 1'3
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Gena L Evans, Ph.D.. Commissioner
DEPARTMENT OF TRANSPORTAnON
One Georgia Center, 600 ~est Peachtree Street, NW
Atlanta, Georgia 30308 . . .
Telephone: (404) 631-1000
October 7. 2008
Mr. William M. McGhee, Jr., Owner
SITEC, u.c
217 Fairfield St., N.E.
Aiken, SC 29801
Dear Mr. McGhee:
The Georgia Department of Transportation has reviewed your updated Georgia Uniform Certification Disadvantageq. ..: "
Business Enterprise (DBE) application.' Our evaluation of the information submitted. with your request for certification :1
indicates that your:firm has met the criteria outlined in Federal Regulations 49 CPR, Part 26.
~ F;. '
AccordiDgly, your firm has been certified for a period of three (3) years begjnning with the effective date of ~ Icitter and
the expiration date is October 7. 2011. ,;: .
YourVendorlDCodeis: 281630 I i
f: !
Your firm has been certified to provide the following services as outlined in th~ North ~eriCan Industry Classification
System (NAlCS):
NAlCS Code 236220
Commercial and Institu1ional Building Coust::rDdion
You will receive an annual Aftidavit of No Change and Personal Financial Statement (PFS) approximately
thirty days prior to your firm's eerlifieation anniversary date. This Afticlavit of No Cb~e and PFS must
be completed, signed and rdurla.ed to our offiee before your 8JIDiversary date in order to continue your
firm's eligibility as a Disadvantaged Business Enterprise.
If at any time during the year there is a change in ownership and/or control of your firm, address and/orphone nwnber
you are required to notify this office of such change immediately in writing.
7J~o~
Patricia A. "Pat" Flowers
EEO Assistant Administrator - DBE Program
/
~
~.. ~,.
..r' /' " ~ --
'. _.~....-_. ,n_ ....'
. ual O:Portunity DiviSIon - -<
-....
MGCfYLC
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'j;,ef/\ ~ 13
Control No. 08060102
STATE OF GEORGIA
Secretary of State
Corporations Division
315 West Tower
#2 Martin Luther King, Jr. Dr.
Atlanta, Georgia 30334-1530
CERTIFICATE
OF
AUTHORITY
I, Karen C Handel, the Secretary of State and.the Corporations Commissioner of the
State of Georgia, hereby certify under the seal 'of my office that
SITEC, LLC
a Foreign Prorn Corporation
has been duly formed under the laws of South Carolina and has filed an application
meeting the requirements of Georgia law to transact business as a foreign Profit
Corporation in this state.
\VHEREFORE, by t...~e authority vested in me as Secretary of State, the above Profit
Corporation is hereby granted., on 07/08/2008, a certificate of authority to transact
business in the State of Georgia as provided by Title 14 of the Official Code of Georgia
Annotated. Attached hereto is a true and correct copy of said application.
WITNESS my hand and official seal in the City of Atlanta and
the State of Georgia on July 8, 2008
~c~
. Karen C Handel
Secretary of State
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WAGE DECISION TRANSCRIPT IFB #:
FORM 108
General Wage Decision: 20080138 0110212009 GA138 COBG #2009R
Date Verified on Department of Labor Web Site: May 27, 2009
GENERAL DECISION: GA20080138 01/02/2009 GA138
Date: January 2, 2009
General Decision Number: GA200B0138 01/02/2009
State: Georgia
Construction Type: Heavy
County: Richmond County in Georgia.
Modification Number
o
1
Publication Date
09/26/2008
01/0212009
* ELEC1579-002 10/01/2008
Rates
Fringes
ELECTRICIAN
Electrical contracts over
$2.5 million...... .... ......$ 24.15
Electrical contracts' under
$2.5 million...... .... ......$ 22.13
8.78
8.44
ENGI0474-002 07/01/2008
Rates
Fringes
Operating Engineers:
Bulldozer and Forklift
(under 15 tons)... ..... .....$ 20.72
Forklift (15 tons and over).$ 22.55
10.70
10.70
* PAIN1756-002 04/01/2008
Rates
Fringes
PAINTER: Brush, Roller and
Spray. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.35
5.46
SOGA2008-050 08/06/2008
Rates
Fringes
CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 13.00
0.00
CEMENT MASON/CONCRETE FINISHER...$ 11.99
0.00
IRONWORKER, REINFORCING.... ......$ 11.50
2.04
LABORER: Common or General. .....$ 7.45
0.0.0
Page 108-1
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WAGE DECISION TRANSCRIPT
IFB#:
FORM 108
General Wage Decision: 20080138 01/0212009 GA138
Date Verified on Department of Labor Web Site: May 27, 2009
COBG #2009R
LABORER: Pipelayer.... ..... .....$ 13.06 3.56
OPERATOR: Backhoe/Excavator.. ...$ 11. 68 0.00
OPERATOR: Crane. . . . . . . . . . . . . . . . . $ 20.00 0.00
OPERATOR: Grader/Blade... .......$ 14 .16 0.27
OPERATOR: Loader. . . . . . . . . . . . . . . . $ 13.65 1. 78
OPERATOR: Piledriver............$ 10.63 0.48
OPERATOR: Trackhoe. . . . . . . . . . . . . . $ 11. 00 1.10
OPERATOR: Roller. . . . . . . . . . . . . . . . . $ 9.75 0.19
TRUCK DRIVER. . . . . . . . . . . . . . . . . . . . . $ 10.82 0.00
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
==~=====================================================
Unlisted classifications needed for work not included within the scope of the
classifications listed may be added 'after award only as provided in the labor
standards contract clauses (29 eFR 5.5(a) (l) (ii)).
In the listing above, the "SU" designation means that rates listed under the
identifier do not reflect collectively bargained wage and fringe benefit rates.
Other designations indicate unions whose rates have been determined to be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage
determination matter
* a conformance (additional classification and rate) ruling on survey related
matters, initial contact, including requests for summaries of surveys, should be with
the Wage and Hour Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the Davis-Bacon survey
program. If the response from this initial contact is not satisfactory, then the
process described in 2.) and 3.) should be followed.
Page 108~2
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WAGE DECISION TRANSCRIPT
(FB #:
FORM 108
General Wage Decision: 20080138 01/02/2009 GA138
Date Verified on Department of Labor Web Site: May 27,2009
COBG #2009R
With regard to any other matter not yet ripe for the formal process described here,
initial contact should be with the Branch of Construction Wage Determinations. Write
to:
Branch of Construction Wage Determinations
Wage and Hour Division
O.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party
those affected by the action) can request review and reconsideration from
the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's
position and by any information (wage payment data, project description, area
practice material, etc.) .that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may
appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) .
Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Page 108-3
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AHCDD Form 109
(Rev. 10106)
I
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
LIST OF DRAWINGS
IFB #:
COBG #2009R
List of Project Drawings Bound Within the Bid Package
)JA-
List of Schedules, Tables, and Details Bound Within the Bid Package
P)I!-
List of Project Drawings Furnished With the Bid Package
/JiI-
List of Schedules, Tables, and Details Furnished Separately With the Bid Package
#1
Page 109-1
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I Signature of Secretary of the Corporation
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AUGUSTA HOUSING & COMMUNITY IFB #:
AHCDD Form 110 DEVELOPMENT DEPARTMENT
(Rev. 10/06) CERTIFICATE AS TO CORPORATE PRINCIPAL CDBG #2009R
Forbidding corporation, the following certification must be made by Secretary of the
corporation named as Principal in bond, attached to the Bid Bond and submitted with
the bid.
II ~/~/~ /'?c G;4e~ J:e,
corporation named as Principal in the within bond.
That tv~Ge..L-~ ~Gk ~ , who signed the bond on
behalf of the Principal, was then the .:1J::TEC, 4I-t:- of said corporation;
that I know his/her signature, and his/her signature thereto is genuine; and that said bond was
duly signed, sealed, and attested to for and in behalf of said corporation by authority of its
governing body.
, certify that I am the Secretary of the
~'Lc.,~ Ihc~ -4~e:, Je.
a--~ ~I?s--
Name of Secretary of the Corporation
"'nU-l~ mc.~J.~; JL.
..J {::u. '7' Z $, 2.0 t!Jtf
Corporate Seal
late
Page 110-1
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Bid/RFP/RFQ #
()q -I'), 1
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.GA. 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 infonnation of newly hired employees, pursuant
to the Immigration Reform and Control Act of 1986 (I RCA), P.L. 99-603], in accordance with the
applicability provisions and deadlines established in O.C.G.A 13-10-91.
The undersigned further agrees that, should it employ or contract with any subcontractor( s) in connection
with the physical performance of services pursuant to this contract with Augusta Richmond County Board
of Commissioners I contractor will secure from such subcontractor( s) similar verification of compliance with
O.C.G.A 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar
form. Contractor further agrees to maintain records of such compliance and provide a copy of each such
verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor(s) is
retained to perform such service.
#2/2379
E-Verify * User Identification Number
S/ r~ '-Ac.
Company Name
BY: Authoriz6~~ (;1g?J
(Contractor Signature)
Please Check One /
500 or More 100 or more 100 or less v
Number of ~mployees -
Date:
., /7..--' / u.~
~~A,'~L
Title of Authorized Officer or Agent of Contractor
tv 1:0"" A-t mc6).,fL / l-1
Printed Name of Authorized Officer or Agent
./ Vendor with 100 employees or more - must
have an E-Verify * User Identification Number
./ Vendor with less than 100 employees - check
100 or less box, fill out the fonn and return with
your submittal. (Georgia Law requires you to
have an E-Verify"'User Identification Number on or
after July 1, 2009.)
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THe.,....
2 3 DAY OF C)cJe.'"
~o:t:~~~
My C isl
Notary Public Se te fin Up, s
My Commission E~lrmP.er 29, 2015
,200L
l~
SEAL
MUST BE RETURNED WITH YOUR SUBMITTAL
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CONFLICT OF INTEREST:
It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement contract
when the employee or official knows that
(a) the employee or official or any member of the employee's or official's immediate family has a
substantial Interest or financial interest pertaining to the procurement contract, except that the
purchase of goods and services from businesses which a member of the Commission or other City of
Augusta employee has a financial interest is authorized as per O.C.G.A. 36-1-14, or the procurement
contract is awarded pursuant to O.C.G.A. 45-10-22 and 45-1 0-24, or the transaction is excepted from
said restrictions by O.C.G.A. 45-10-25;
(b) Any other person, business, or organization with whom the employee or official of any member of an
employee's or Official's immediate family is negotiating or has an arrangement concerning prospective
employment Is involved in the procurement contract.
Any employee or official or any member of an employee's or official immediate family who holds a
substantial interest or financial interest in a disclosed blind trust shall not be deemed to have a conflict
of interest with regard to matters pertaining to that substantial interest or financial interest.
I, (vendor) L, 1fA,.,1 /hilt? YJ1e.e;, lt~,. J",.
contained in the bid specifications.
. have read and understand the information
Vendor Name:
SITEC LLC
217 Fairfield St NE
Aiken, SC 29801
Address:
City & State:
X'03- (, t/-c.t-7 t:) g 2-
Date: 7/2. :s Jl..4J~
.
CNc.c.Av;;; ~,J.v"fi. ~.rt:!UT
Phone#: ( ) gt3- 567- )~ 3 'f
Signature: (r' /h (h"(:J
Bid Item Number and Name: ..t.ItJ'i-12 Y
Fax # (
This form MUST be submitted with bid package. NO Exception(s) will be granted
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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, national4:)rigin 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 sUbcontractorlsupplier 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-cliscrimination 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.
rrJ"~
Signature of Attesting Pa
~~r~
Title of Attesting Party
~f3>-n~
Notary Signature
Subscribed and sworn to before me
this 2~ dayof ,JUCA./ ,20E..'t
--Jiv
Notary Public SEAL
My Commission Expires
My commissiorsilfti'tMier 29, 2015
This form MUST be submitted with bid package. NO Exception(s) wi/I be granted
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BidfRFPfRFQ # CJ:?- /2. sr
SUBCONTRACTOR AFFIDAVIT
AlA / ;}0NG""
By executing this affidavit, the undersigned subcontractor verifies its compliance with O. C. G.A. 13-10-91,
stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of
services under a contract with ..5Jre;~ ~ 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. 99-603], in accordance with the
applicability provisions and deadlines established in O. C. G. A 13-10-91.
NA- / N~~
E-Verify' User Identification NUmj
/Vff ;YbNG
Company Name . I
Please Check One
500 or More _ 100 or more 100 or less
Number of Employees
Date:
BY: Authorized Officer or Agent
(Contractor Signature)
Title of Authorized Officer or Agent of Contractor
./' . Vendor with 100 employees or more - must
have an E-Verify .. User Identification Number
.,.. Vendor with less than 100 employees - check
100 or less box, fill out the form and retum with
your submittal. (Georgia Law requires you to
have an E-Verify"User Identification Number on
or after July 1, 2009.)
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE ~
z., DAY OF .J tit. ~ 1200..!!j
't3t. ,~JJ;:i~ IV J - )~ Ii!-
Notary Public I
My Commission Expires:
My COfRffl/ss/erl Cxplres
September 29, 2015
SEAL
(}-~ J7.. J1ro-
MUST BE RETURNED WITH YOUR SUBMITTAL
~/reC; LI-C-
If there are no subcontracting opportunities, please fill out the form (write NfA; sign, date and notarize).
In accordance with the Laws of Georgia, the following affidavit is required by all vendors
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In accordance with the Laws of Georgia, the following affidavit is required by all vendors
NON..COLLUSION AFFIDAVIT OF SUBCONTRACTOR
I, ~If- certify that this bid or proposaJ 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 a.C.G.A. Section 36-91-21 (d) and (e),
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. Affiantfurther
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 "S.I 7"l!!iC. L.. A. c: 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
furnished to any other bidder, that the material shall be at a higher price.
Signature of Attesting pa~ y1. ~
~tJv'VC" L
Title of Attesting Party
Sworn to and subscribed before me this Z'3 day of 4,,- 'I
Dfpi1;V u-,8 "!MJ 1--</ .kuu
Notary Signature
, 200!2..-!1
Notary Public:
~up.11- rr~.Q /
My Commission ExP!res
September ,9, 20 15
(Affix corporate seal here, if a corporation)
County:
Commission Expires:
SEAL
Failure to properly execute the above affidavit must be considered grounds for rejecting vendor submittals
If there are no subcontracting opportunities, please fill out the form (write N/A, sign, date and notarize).
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I LOCAL SMALL BUSINESS
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
Project #:
CDBG 2009R
MONTHL Y
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AHCDD Form 115
(Rev. 10/06)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
Project #:
COSG #2009R
NOTICE OF AWARD
TO: SITEC, LLC
217 Fairfield Street, N E
Aiken, SC 29801
PROJECT DESCRIPTION:
Augusta Neighborhood Improvement Corporation, Inc. - Enclave Fencing Project
Provide materials and labor to install fencing enclosing the Enclave Townhouse apartments.
The OWNER has considered the BID submitted by you for the above described WORK in response to
its Advertisement for Bids dated June 4,2009, and Instruction for Bidders.
You are hereby notified that your BID has been accepted for itemsin~the amount of-(Sixtv-severr'-
thousand, four hundred fifty dollars and no cents.) $67,450.00
You are required by the Instructions for Bidders to execute the Agreement and furnish the required
Contractor's Performance Bond and Payment Bond within ten (10) calendar days from the date of this Notice
to you.
If you fail to execute said Agreement and to furnish said bonds within ten (10) days from the date ofthrs .
Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your
BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such otherrightsasu-
may be granted by law.
You are required to return an acknowledged copy of the NOTICE OF AWARD to the OWNER.
Dated this 3rd day of September, 2009
AAST~;_GIA
By: ~~ y
~ Chester A. Wheeler, III
ACCEPTANCE OF NOTICE:
Receipt of the above NOTICE OF
AWAR9 is hereby acknowledged on
this g.,t.. day of ..:Si:ii? , 2009
By: n- '/J-- m.-'o
As its 'President .
I
I AHCDD Form 401
(Rev. 5/2007)
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
CONSTRUCTION CONTRACT
Project #:
COBG #2009R
THIS AGREEMENT made this 3rd day of September in the year 2009, by and between awarded
Contractor, SITEC, LLC, (a legal entity), organized under the State of Georgia, hereinafter called the
"Contractor," and AUGUSTA, GEORGIA, (a political subdivision of the State of Georgia), through its
AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT, herein called the "Owner"
and AUGUSTA NEIGHBORHOOD IMPROVEMENT CORPORATION, INC., hereinafter called the
"Grant Sub recipient.
WITNESSETH, that the Contractor, Owner and Grant Recipient for the consideration stated herein,
mutually agree as follows:
ARTICLE I
Statement/Scope of Work. The Contractor shall furnish all labor, materials, equipment, and services
and perform and complete all work required for the construction of Project No. 2008R, in strict
accordance with "the plans, specifications and drawings for this project developed by
AUGUSTA NEIGHBORHOOD IMPROVEMENT CORPORATION, INC. Bid..ttem Numbered #09-
128, dated Julv 15, 2009. Said documents being incorporated herein by reference and made a part
hereof.
ARTICLE II
Contract Price. The Augusta, Georgia Housing & Community Development Department, Owner,
shall pay the Contractor for the performance of the Contract, in current funds, subjeGtt(}aQd.~t~oosanQ
deductions as provided in the specifications for completed work meeting the requirements of the
Contract Documents, the sum of:
SIXTY SEVEN THOUSAND, FOUR HUNDRED FIFTY DOLLARS AND NO CENTS ($67,450.00).
Said contract price being paid as draws against the contract price and deducting from each draw 10
% as retainage. The Contractor hereby agrees to commence work under this contract on or before a
date to be specified in a written "Notice to Proceed" of the OWNER and to fully complete the project
within 120 consecutive calendar days thereafter. The CONTRACTOR further agrees to pay, as
liquidated damages, the sum of $100 for each consecutive calendar day thereafter as hereinafter
provided in Paragraph "9" of the General Conditions.
ARTICLE III
Contractor agrees that time is of the essence in the completion of the work in the time required by this
contract and hereby waives any formal notice of default for failure to complete the work of any of its
component parts on time.
Page 401-1
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
CONSTRUCTION CONTRACT
Project #:
COBG #2009R
ARTICLE IV
(a) This Contract
(b) General Conditions
(c) Special/Supplemental Conditions
(d) Technical Specifications
(e) Drawings; and
(f) Power of Attorney granted by the Augusta-Richmond County Commission to Chester A.
Wheeler, III, so long as he is employed by Augusta, Georgia as the Director of the Augusta
Housing and Community Development Department.
ARTICLE V
The following provisions shall control if in conflict with any of the foregoing terms of this contract.
In the event that any provision or any other component part of this Contract conflicts with. any
provision of any other component part, the provision of the component part first enumerated in the
ARTICLE IV shall govern, except as otherwise specially stated. The various provisions. in the
Addendum shall be construed in the order of the preference of the component part of the Contract
which each modifies.
IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed by and
through their authorized representative in four (4) original counterparts as of the day and year first
above written.
SEAL
BY:
Auqusta. Georqia
Owner
~D~.~enhaVer
As its Mayor
~ 1 Dt}
~~
t tJA //~
Lena J. onner
Clerk of Commission
Page 401-2
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I AHCDD Form 401
(Rev. 5/2007)
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I '~ e.~,t .~g-,
Witness
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
CONSTRUCTION CONTRACT
ATTEST:
SEAL
~'?/Jl~
As its Secreta ...
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I This contract is entered into by and through its authorized agents:
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SEAL
~~ L.,~~
As I\s Secretary
1r ~~ ~ ~
Witness
Approved as to form by:
Page 401-3
Project #:
CDBG #2009R
SITEC. LLC
Contractor
BY:
IJ {!t!2iQ'
Auqusta Neiqhborhood Improvement
Corporation. Inc.
Grant Sub recipient
BY:~~~
Robert Cooks
As its ~Brd Ol'dilll,afl
p~ ~ (AU)
AP~
Chester A. Wheeler, III
Director AHCDD
--.
1/
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AHCDD Form 402
(Rev. 05/07)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
CDBG #2009R
CONDUCT OF WORK
1. Definitions.
A. "Architect" means the person or other entity engaged by the Owner or Grant Recipient to perform architectural,
engineering, design, and other services related to the work as provided for in the contract. When AHCDD uses an
engineer to act in this capacity, the terms "architect" and "engineer" shall be synonymous. The Architect shall
serve as a technical representative of the Owner and the Grant Recipient. The Architect's authority is as set forth
elsewhere in this contract.
B. "Contract" means the contract entered into between Owner, Grant Recipient and the Contractor. It includes the
forms of Bid, the Bid Bond, the Performance and Payment Bond or Bonds or other assurance of completion, the
Certifications, Representations, and Other Statements of Bidders, these General Conditions of the Construction
Contract, the applicable wage rate determinations from either the U.S. Department of Labor or HUD, and any
Supplemental and Special conditions included in the contract, the Notice to Proceed, the drawings and
specifications 1 and the work write up. It includes all formal changes to any of those documents by addendum,
change order, or other modification The Contract, including all referenced documents, constitutes the entire
agreement between the parties. No agent, representative, employee or officer of either Owner, the Grant
Recipient, or the Contractor has authority to make any statement, agreement or representation, oral or written, in
connection with the Contract, which in any way can be deemed to modify, add to or detract from, or otherwise
change or alter its terms and conditions. No negotiations between the parties, nor any custom or usage, shall be
permitted to modify or contradict any of the terms and conditions of the Contract. No modifications, alterations,
changes, or waiver to the Contract or any of its terms shall be valid or binding unless accomplished by a written
amendment signed by all parties. All such amendments will be made using the appropriate Owner form.
C. "Contractor" means the person or other entity entering into the contract with the Owner and the Grant Recipient
to perform all of the work required under the contract.
D. "Drawings" means the drawings enumerated in the schedule of drawings contained in the Specifications and as
described in the contract clause entitled "Specifications and Drawings for Construction" herein.
E. "AHCDD" means the Augusta Housing and Community Development Department. The Owner's AHCDD provides
financial assistance to an eligible Grant Recipient, which includes assistance in financing the work to be
. performed under this contract. As defined elsewhere in these General Conditions or the contract documents, the
determination of AHCDD is required to authorize changes in the work or for release of funds for payment to the
Contractor. Notwithstanding AHCDD's role, nothing in this contract shall be construed to create any contractual
relationship between the Contractor and Owner.
F. "AHCDD Rehabilitation Inspector" means the person or persons delegated the authority by Owner's AHCDD to
execute, administer, and/or terminate this contract. The term includes any successor AHCDD Rehabilitation
Inspector. The Owner's AHCDD shall be deemed an authorized agent of the Grant Recipient in all dealings with
the Contractor.
G. "Grant Recipient" is the person or organization identified as such in the Construction Contract. The term Grant
Recipient means the Grant Recipient or his authorized representative.
H. "Project" means the entire project, whether construction or rehabilitation, the work for which is provided for in
whole or in part under this contract.
I. "Specifications" means the written description of the technical requirements for construction and includes the
criteria and tests for determining whether the requirements are met.
J. "Testing Laboratory" An independent entity engaged to perform specific inspections or tests of the work, either
at the project site or elsewhere; and to report and, if required, interpret results of those inspections or tests.
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
CDBG #2009R
3.
Contractor's Responsibility for Work.
A.
The Contractor shall furnish all necessary labor, materials, tools, equipment, and transportation necessary
for performance of the work. The Contractor shall also furnish all necessary water, heat, light, and power not
made available to the Contractor by the Grant Recipient pursuant to the clause entitled "Availability & Use
of Utility Services."
B.
The Contractor shall perform on the site, and with its own organization, work equivalent to at least 12 percent
of the total amount of work to be performed under the order. This percentage may be reduced by a
supplemental agreement to this order if, during performance of the work, the Contractor requests a reduction
and Owner's AHCDD determines that the reduction would be to the advantage of Owner's AHCDD and the
Grant Recipient.
C.
At all times during performance of this contract and until the work is completed and accepted, the Contractor
shall directly superintend the work or assign and have on the work site a competent superintendent who is
satisfactory to Owner's AHCDD and has authority to act for the Contractor.
D.
The Contractor shall be responsible for all damages to persons or property that occur as a result of his fault
or negligence, and shall take proper safety and health precautions to protect the work, the workers, the
public, and the property of others. The Contractor shall hold and save the Grant Recipient and the Owner's
AHCDD, its officers, and agents, free and harmless from liability of any nature occasioned by the
Contractor's performance. The Contractor shall also be responsible for all materials delivered and work
performed until completion and acceptance of the entire work, except for any completed unit of work which
may have been accepted under the contract.
E.
The Contractor shall layout the work from base lines and benchmarks indicated on the drawings and is
responsible for all lines, levels, and measurements of all work executed under the contract. The Contractor
shall verify the figures before laying out the work and will be held responsible for any error resulting from its
failure to do so. .
F.
The Contractor shall confine all operations (including storage of materials) on the Grant Recipient's premises
to areas authorized or approved by Owner's AHCDD.
G.
The Contractor shall at all times keep the work area, including storage areas, free from accumulations of
waste materials. After completing the work and before final inspection, the Contractor shall:
(1.)
remove from the premises all scaffolding, equipment, tools, and materials (including
materials) that are not the property of the Grant Recipient and all rubbish caused by its work;
leave the work area in a clean, neat, and orderly condition satisfactory to Owner's AHCDD;
perform all specified tests; and,
deliver the installation in complete and operating condition.
rejected
(2.)
(3.)
(4.)
H.
The Contractor's responsibility will terminate when all work has been completed, the final inspection made,
and the work accepted by the Owner's AHCDD and the Grant Recipient. The Contractor will then be
released from further obligation except as required by the warranties specified elsewhere in the contract.
Architect's Duties, Responsibilities, and Authority.
A.
The Architect for this contract, if any, shall be designated in writing by the Owner's AHCDD and the Grant
Recipient.
B.
The Architect shall serve as the Owner's AHCDD's technical representative with respect to architectural,
engineering, and design matters related to the work performed. under the contract. The Architect, when
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
COBG #2009R
C.
requested by Owner's AHCDD, may provide direction on contract performance. Such direction shall be within
the scope of the contract and may not be of a nature which:
(1.)
(2.)
(3.)
(4.)
(5.)
Institutes additional work outside the scope of the contract;
Constitutes a change as defined in the "Changes" clause of this contract;
Causes an increase or decrease in the cost of the contract;
Alters the Construction Progress Schedule; or
Changes any of the other express terms or conditions of the contract.
The Architect's duties and responsibilities may include but shall not be limited to:
(1.)
Making periodic visits to the work site, and on the basis of on-site inspections, issuing written reports
to Owner's AHCDD, which shall include all observed deficiencies. The Architect shall file a copy of
the report with the Contractor's designated representative at the site;
Making modifications in drawings and technical specifications and assisting Owner's AHCDD in the
preparation of change orders and other contract modifications for issuance by Owner's AHCDD;
Reviewing and making recommendations with respect to:
the Contractor's construction progress schedules;
the Contractor's shop and detailed drawings;
the machinery, mechanical and other equipment and materials or other articles proposed for use by
the Contractor.
Assisting in inspections, signing Certificates of Completion, and making recommendations regarding
acceptance of work completed under the contract.
(2.)
(3.)
(4.)
(5.)
(6.)
(7.)
Other Contracts:
The Owner's AHCDD or the Grant Recipient may undertake or award other contracts for additional work at or near
the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and shall
carefully adapt scheduling and performing the work under this contract to accommodate the additional work,
heeding any direction that may be provided by Owner's AHCDD. The Contractor shall not commit or permit any act
that will interfere with the performance of work by any other contractor.
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
CDBG #2009R
CONSTRUCTION REQUIREMENTS
1.
Pre-construction Conference and Notice to Proceed.
A.
After the Notice of Award has been issued, but prior to the contract execution, the Contractor shall attend a
pre-construction conference with representatives of the Grant Recipient, Owner's AHCDD, its Architect, and
other interested parties convened by Owner's AHCDD. The conference will serve to acquaint the participants
with the general plan of the construction operation and all other requirements of the contract. Owner's
AHCDD will provide all parties with the date, time, and place of the conference.
B.
The Contractor shall begin work upon receipt of a written Notice to Proceed from Owner's AHCDD. The
Contractor shall not begin work prior to receiving such notice.
Construction Progress Schedule.
A.
The Contractor shall, within three (3) business days after the pre-construction conference or another
period of time determined by Owner's AHCDD, prepare and submit to Owner's AHCDD three copies of a
practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates
on which the Contractor contemplates starting and completing the several salient features of the work
(including acquiring labor, materials, and equipment). The schedule shall be in the form of a progress chart
of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date
during the period. If the Contractor fails to submit a schedule within the time prescribed, Owner's AHCDD
may withhold approval of progress payments or take other remedies under the contract until the Contractor
submits the required schedule. .
B.
The Contractor shall enter the actual progress on the chart as required by Owner's AHCDD, and immediately
deliver three copies of the annotated schedule to Owner's AHCDD. If Owner's AHCDD determines, upon the
basis of inspection conducted pursuant to the clause entitled "Inspection and Acceptance of Construction",
herein that the Contractor is not meeting the approved schedule, the Contractor shall take steps necessary
to improve its progress, including those that may be required by Owner's AHCDD, without additional cost to
Owner's AHCDD or the Grant Recipient. In this circumstance, Owner's AHCDD may require the Contractor
to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant,
and to submit for approval any supplementary schedule or schedules in chart form as Owner's AHCDD
deems necessary to demonstrate how the approved rate of progress will be regained.
C.
Failure of the Contractor to comply with the requirements of Owner's AHCDD under this clause shall be
grounds for a determination by Owner's AHCDD that the Contractor is not prosecuting the work with
sufficient diligence to ensure completion within the time specified in the Contract. Upon making this
determination, Owner's AHCDD may terminate the Contractor's right to proceed with the work, or any
separable part of it, in accordance with the "Default" clause of this contract.
Site Investigation and Conditions Affecting the Work.
A.
The Contractor acknowledges that he has taken steps reasonably necessary to ascertain the nature and
location of the work, and that he has investigated and satisfied himself as to the general and local conditions
which can affect the work or its cost, including but not limited to:
(1.) conditions bearing upon transportation, disposal, handling, and storage of materials;
(2.) the availability of labor, water, electric power, and roads;
(3.) uncertainties of weather, river stages, tides, or similar physical conditions at the site;
(4.) the conformation and conditions of the ground; and
(5.) the character of equipment and facilities needed preliminary to and during work performance.
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
CDBG #2009R
B.
The Contractor acknowledges that he is satisfied as to the character, quality, and quantity of surface and
sub-surface materials or obstacles to be encountered insofar as this information is reasonably ascertainable
from an inspection of the site, including aU exploratory work done by Owner's AHCDD, as well as from any
drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions
described and acknowledged in this paragraph will not relieve the Contractor from responsibility for
estimating properly the difficulty and cost of successfully performing the work, or from proceeding to
successfully perform the work without additional expense to Owner's AHCDD or the Grant Recipient.
C.
Owner's AHCDD assumes no responsibility for any conclusions or interpretations made by the Contractor
based on the information made available by Owner's AHCDD. Nor does Owner's AHCDD assume
responsibility for any understanding reached or representation made concerning conditions that can affect
the work by any of its officers or agents before the execution of this contract, unless that understanding or
representation is expressly stated in this contract.
Differing Site Conditions.
A.
The Contractor shall, within two (2) business days of discovery, and before the conditions are disturbed, give
a written notice to Owner and the Architect of:
(1.)
(2.)
subsurface or latent physical conditions at the site which differ from those indicated in this contract; or
unknown physical conditions at the site, of an unusual nature, which differ materially from those
ordinarily encountered and generally recognized as inhering in work of the character provided for in
the contract.
B.
Owner's AHCDD and the Architect shall investigate the.site conditions promptly after receiving the notice.
Work shall not proceed at the affected site, except at the Contractor's risk, until Owner's AHCDD has
provided written instructions to the Contractor. If the conditions materially differ and cause an increase or
decrease in the Contractor's cost or the time required for performing any part of the work under this contract,
whether or not changed as a result of the conditions, Owner's AHCDD will make an equitable adjustment in
the contract price, the delivery schedule, or both under this clause and the contract modified in writing
accordingly.
C.
No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed,
unless the Contractor has given the written notice required; provided, that the time prescribed above for
giving written notice may be extended by Owner's AHCDD.
D.
No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be
allowed if made after final payment under this contract.
Specifications and Drawings for Construction.
A.
The Contractor shall keep on the work site a copy of the drawings and specifications and at all times give
access to Owner's AHCDD and the Architect. Anything mentioned in the specifications and not shown on the
drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if
shown or mentioned in both. In case of difference between drawings and specifications, the specifications
shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall
be promptly submitted to the Architect, who will make a determination in writing. Any adjustment by the
Contractor without such a determination shall be at its own risk and expense. The Architect shall furnish from
time to time such detailed drawings and other information as considered necessary, unless otherwise
provided.
B.
Where in the specifications or drawings the words "directed", "required", "ordered", "designated",
"prescribed", or like words are used, it shall be understood that the "direction", "requirement", "order",
"designation", or "prescription", of Owner's AHCDD is intended. Similarly the words "approved," "acceptable,"
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AHCDD Form 402
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
CDBG #2009R
"satisfactory," or like words shall mean "approved by," or "acceptable to," or "satisfactory to" Owner's
AHCDD, unless otherwise expressly stated.
C. Where "as shown," "as indicated," "as detailed," or words of similar import are used, it is understood that the
reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided"
as used herein shall be understood to mean, "provide complete in place", that is "furnished and installed."
D. "Shop drawings" means drawings, submitted to the Architect by the Contractor, subcontractor, or any lower
tier subcontractor, showing in detail:
(1.) the proposed fabrication and assembly of structural elements; and
(2.) the installation (i.e., form, fit, and attachment details) of materials of equipment. It includes drawings,
diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test
data, and similar materials furnished by the Contractor to explain in detail specific portions of the work
required by the contract. Owner's AHCDD may duplicate, use, and disclose in any manner and for any
purpose shop drawings delivered under this contract.
E. The Contractor shall submit to the Architect for approval one reproducible and one opaque copy (unless
otherwise noted) and to AHCDD for record one opaque copy of all shop drawings as called for under the
various headings of these specifications. Deliver the submittal by such method as to assure receipt within
two days of sending. Notify the Architect via facsimile on the day the submittal is sent.
F. If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them
for accuracy, completeness, and compliance with other contract requirements and shall indicate its approval
thereon as evidence of such coorqination and review. Shop drawings submitted to the Architect without
evidence of the Contractor's approval may be returned for re-submission. Owner's AHCDD and the Architect
will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate
the reasons therefore. Any work done before such approval shall be at the Contractor's risk. Approval by
Owner's AHCDD and the Architect shall not relieve the Contractor from responsibility for any errors or
omissions in such drawings, nor from responsibility for complying with the requirements of this contract,
except with respect to variations described and approved in accordance with paragraph 9G below.
G. If shop drawings show variations from the contract requirements, the Contractor shall describe such
variations in writing, separate from the drawings, at the time of submission. If the Architect approves any
such variation and Owner's AHCDD concurs, Owner's AHCDD shall issue an appropriate modification to the
contract. If the variation is minor or does not involve a change in price or in time of performance, however, a
modification need not be issued.
H. It shall be the responsibility of the Contractor to make timely requests of the Architect for such large scale
and full size drawings, color schemes, and other additional information, not already in his possession, which
shall be required in the planning and production of the work. Such requests may be submitted as the need
arises, but each such request shall be filed in ample time to permit appropriate action to be taken by all
parties involved, so as to avoid delay.
I. The Contractor shall submit to the Architect for approval four copies (unless otherwise indicated) of all shop
drawings as called for under the various headings of these specifications. One set (unless otherwise
indicated) of all shop drawings will be retained by Owner's AHCDD, the Architect, and the Grant Recipient,
and one set will be returned to the Contractor. As required by Owner's AHCDD, the Contractor, upon
completing work under this contract, shall furnish a complete set of all shop drawings as finally approved.
These drawings shall show all changes and revisions made up to the time the work is completed and
accepted.
J. This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the Contractor to
ensure that all shop drawings prepared by subcontractors are submitted to the Architect.
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
CDBG #2009R
7.
K.
The Contractor shall provide with each submittal for approval a certificate attesting that the products or
materials to be supplied are:
(1.)
(2.)
(3.)
currently and readily available;
not obsolete or discontinued; and
not to be discontinued or deleted from the supplier or manufacturers stock within the next calendar
year.
L.
Layouts and Floor Plans provided by Owner's AHCDD are diagrammatic only and are intended to illustrate
the general intentions of Owner's AHCDD only. They do not show all the work required, exact dimensions, or
construction details.
As-Built Drawings.
A.
"As-built drawings," as used in this clause, means drawings submitted by the Contractor or subcontractor at
any tier to show the construction of a particular structure or work as actually completed under the contract.
"As-built drawings" shall be synonymous with "Record drawings."
B.
Within 5 days of notification of substantial completion, the Contractor shall provide the Architect accurate
information to be used in the preparation of permanent as-built drawings. For this purpose, the Contractor
shall record on one set of contract drawings all changes from the installations originally indicated, and record
final locations of underground lines by depth from finish grade and by accurate horizontal offset distances to
permanent surface improvements such as buildings, curbs, or edges of walks. No final payment will be made
to the contractor until the Architect has received accurate information to be used in the preparation of
permanent as-built drawings.
C.
This clause shall be included in all subcontracts. It shall be the responsibility of the Contractor to ensure that
all as-built drawings prepared by subcontractors are submitted to the Architect.
Material and Workmanship.
A.
All equipment, material, and articles furnished under this contract shall be new and of the most suitable
grade for the purpose intended, unless otherwise specifically provided in this contract. References in the
contract to equipment, material, articles, or patented processes by trade name, make, or catalog number,
shall be regarded as establishing a standard of quality and shall not be construed as limiting competition.
The Contractor may use any equipment, material, article, or process that, in the judgment of, and as
approved by Owner's AHCDD and the Architect, is equal to that named in the specifications, unless
otherwise specifically provided in this contract.
B.
Approval of equipment and materials:
(1.)
The Contractor shall obtain Owner's AHCDD and Architect approval of the machinery and mechanical
and other equipment to be incorporated into the work. When requesting approval, the Contractor shall
furnish to the Architect the name of the manufacturer, the model number, and other information
concerning the performance, capacity, nature, and rating of the machinery and mechanical and other
equipment. When required by this contract or by Owner's AHCDD, the Contractor shall also obtain
Owner's AHCDD and Architect approval of the material or articles that the Contractor contemplates
incorporating into the work. When requesting approval, the Contractor shall provide full information
concerning the material or articles. Machinery, equipment, material, and articles that do not have the
required approval shall be installed or used at the risk of subsequent rejection.
(2.)
When required by the specifications or Owner's AHCDD, the Contractor shall submit appropriately
marked .samples (and certificates related to them) for approval at the Contractor's expense, with all
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
COSG #2009R
9.
(3.)
shipping charges pre-paid. The Contractor shall label, or otherwise properly mark on the container,
the material or product represented, its place of origin, the name of the producer, the Contractor's
name, and the identification of the construction project for which the material or product is intended to
be used.
Certificates shall be submitted in triplicate, describing each sample submitted for approval and
certifying that the material, equipment, or accessory complies with contract requirements. The
certificates shall include the name and brand of the product, name of manufacturer, and the location
where produced.
C.
Approval of a sample shall not constitute a waiver of Owner's AHCDD or the Grant Recipient's right to
demand full compliance with contract requirements. Materials, equipment, and accessories may be rejected
for cause even though samples have been approved.
O.
Wherever materials are required to comply with recognized standards or specifications, such specifications
shall be accepted as establishing the technical qualities and testing methods, but shall not govern the
number of tests required to be made nor modify other contract requirements. Owner's AHCDD may require
laboratory test reports on items submitted for approval or may approve materials on the basis of data
submitted in certificates with samples. Check tests will be made on materials delivered for use only as
frequently as Owner's AHCDD determines necessary to insure compliance of materials with the
specifications. The Contractor will assume all costs of re-testing materials that fail to meet contract
requirements and/or testing materials offered in substitution for those found deficient.
E.
After approval, samples will be kept on the job site until completion of work. They may be built into the work
after a substantial quantity of the materials they represent has been built in and accepted.
F.
Prohibition against use of lead-based paint. The Contractor shall comply with the prohibition against the use
of lead-based paint contained in the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) as
implemented by 24 CFR Part 35.
Permits, Licenses, and Codes.
A.
The Contractor shall give all notices and comply with applicable laws, ordinances, codes, rules, and
regulations. Notwithstanding the requirement of the Contractor to comply with the drawings and
specifications in the contract, work shall comply with all applicable codes and regulations as amended by any
waivers. Before beginning the work, the contractor shall examine the drawings and specifications for
compliance with all applicable ordinances and codes bearing on the work and shall immediately report any
discrepancy it may discover to Owner's AHCDD and the Architect. Where requirements of the drawings and
specifications fail to comply with such applicable ordinances or codes for the new or replaced work, Owner's
AHCDD will adjust the contract by change order pursuant to the clause entitled "Changes" herein to conform
to such ordinances or codes, unless waivers in writing covering the difference have been granted by proper
authority.
B.
The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution
and completion of the work, whether or not covered by the specifications and drawings for the work.
Health, Safety, and Accident Prevention.
A.
In performing this contract, the Contractor shall:
(1.) Ensure that no laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to his/her health and/or safety as
determined under construction safety and health standards promulgated by the Secretary of Labor by
regulation;
(2.) Protect the lives, health, and safety of other persons;
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
CDBG #2009R
(3.)
(4.)
Prevent damage to property, materials, supplies, and equipment; and,
Avoid work interruptions.
B.
For these purposes 1 the Contractor shall:
(1.)
Comply with regulations and standards issued by the Secretary of Labor at 29 CFR Part 1926. Failure
to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety
Standards Act (Public Law 91-54, 83 Statute 96), 40 U.S.C. 327 et seq.,
(2.)
Include the terms of this clause in every subcontract so that such terms will be binding on each
subcontractor.
C.
The Contractor shall maintain an accurate record of exposure data on all accidents incident to work
performed under this contract resulting in death, traumatic injury, occupational disease, or damage to
property, materials, supplies, or equipment, and shall report this data in the manner prescribed by 29 CFR
1904.
D.
Owner's AHCDD shall notify the Contractor of any non-compliance with these requirements and of the
corrective action required. This notice, when delivered to the Contractor or the Contractor's representative at
the site of the work, shall be deemed sufficient notice of the non-compliance and corrective action required.
After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or
refuses to take corrective action promptly, Owner's AHCDD may issue an order stopping all or part of the
work until satisfactory corrective action has been taken. The Contractor shall not base any claim or request
for equitable adjustment for additional time or money on any stop order issued under these circumstances.
The Contractor shall be responsible for his subcontractors' compliance with the provisions of this clause. The
Contractor shall take such action with respect to any subcontract as Owner's AHCDD, the Secretary of
Housing and Urban Development, or the Secretary of Labor shall direct as a means of enforcing such
provisions.
E.
Temporary Heating.
The Contractor shall provide and pay for temporary heating, covering, and enclosures necessary to properly protect
all work and materials against damage by dampness and cold, to dry out the work, and to facilitate the completion
of the work. Any permanent heating equipment used shall be turned over to the Grant Recipient in the condition
and at the time required by the specifications.
11.
Availability and Use of Utility Services.
A.
The Grant Recipient shall make all reasonably required amounts of utilities available to the Contractor from
existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the
amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates
charged to the Grant Recipient. The Contractor shall carefully conserve any utilities furnished without charge.
B.
The Contractor, at its expense and in a manner satisfactory to Owner's AHCDD, shall install and maintain all
necessary temporary connections and distribution lines, and all meters required to measure the amount of
each utility used for the purpose of determining charges. Before final acceptance of the work by the Owner's
AHCDD and the Grant Recipient, the Contractor shall remove all the temporary connections, distribution
lines, meters, and associated paraphernalia.
12.
Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.
A.
The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs,
and grass) on or adjacent to the work site, which are not to be removed under this contract, and which do not
unreasonably interfere with the work required under this contract.
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
COBG #2009R
B.
The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging
vegetation that will remain in place. If any limbs or branches of trees are broken during performance of this
contract, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or
branches with a clean cut and paint the cut with a tree-pruning compound as directed by Owner's AHCDD.
The Contractor shall protect from damage all existing improvements and utilities at or near the work site or
on adjacent property of a third party, the locations of which are made known to or should be known by the
Contractor. Prior to disturbing the ground at the construction site, the Contractor shall ensure that all
underground utility lines are clearly marked.
The Contractor shall shore up, brace, underpin, secure, and protect as necessary all foundations and other
parts of existing structureS adjacent to, adjoining, and in the vicinity of the site, which may be affected by the
excavations or other operations connected with the construction of the project.
Any equipment temporarily removed as a result of work under this contract shall be protected, cleaned, and
replaced in the same condition as at the time of award of this contract.
New work, which connects to existing work, shall correspond in all respects with that to which it connects
and/or be similar to existing work unless otherwise required by the specifications.
No structural members shall be altered or in any way weakened without the written authorization of Owner's
AHCDD and the Architect, unless such work is clearly specified in the plans or specifications.
If the removal of the existing work exposes discolored or unfinished surfaces, or work out of alignment, such
surfaces shall be refinished, or the material replaced as necessary to make the continuous work uniform and
harmonious. This, however, shall not be construed to require the refinishing or reconstruction of dissimilar
finishes previously exposed, or finished surfaces in good condition, but in different planes or on different
levels when brought together by the removal of intervening work, unless such refinishing or reconstruction is
specified in the plans or specifications.
The Contractor shall give all required notices to any adjoining or adjacent property Grant Recipient or other
party before the commencement of any work.
The Contractor shall indemnify and save harmless Owner's AHCDD, the Architect, and the Grant Recipient
from any damages on account of settlement or the loss of lateral support of adjoining property, any damages
from changes in topography affecting drainage, and from all loss or expense and all damages for which
Owner's AHCDD, the Architect, or the Grant Recipient may become liable in consequence of such injury or
damage to adjoining and adjacent structures and their premises.
The Contractor will repair any damage to vegetation, structures, equipment, utilities, or improvements,
including those that are the property of a third party, resulting from failure to comply with the requirements of
this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to
repair the damage promptly, Owner's AHCDD may have the necessary work performed and charge the cost
to the Contractor.
C.
O.
E.
F.
G.
H.
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J.
K.
Temporary Buildings and Transportation of Materials.
A. Temporary buildings (e.g., storage sheds, shops, offices, sanitary facilities) and utilities may be erected by the
Contractor only with the approval of Owner's AHCDD and the Grant Recipient and shall be built with labor and
materials furnished by the Contractor without expense to Owner's AHCDD or the Grant Recipient. The
temporary buildings and utilities shall remain the property of the Contractor and shall be removed at the
Contractor's expense upon completion of the work. With the written consent of Owner's AHCDD and the Grant
Recipient, the buildings and utilities may be abandoned and need not be removed.
B. The Contractor shall, as directed by Owner's AHCDD, use only established roadways, or use temporary
roadways constructed by the Contractor when and as authorized by Owner's AHCDD. When materials are
transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by
the manufacturer of the vehicle or prescribed by any feder?l, state, or local law or regulation. When it is
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GENERAL CONDITIONS
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necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall
repair or pay for the repair of any damaged curbs, sidewalks, or roads.
14.
Clean Air and Water (Applicable to Contracts in Excess of $100,000).
A. Definition. "Facility" means any building, plant, installation, structure, mine, vessel or other floating craft,
location, or site of operations, owned, leased, or supervised by the Contractor or any subcontractor, used in
the performance of the contract or any subcontract. When a location or site of operations includes more than
one building, plant, installation, or structure, the entire location or site shall be deemed a facility except when
the Administrator, or a designee, of the Environmental Protection Agency (EPA) determines that independent
facilities are collocated in one geographical area.
B.
In compliance with regulations issued by the United States Environmental Protection Agency (EPA), 40 CFR
Part 15, pursuant to the Clean Air Act, as amended ("Air Act"), 42 U.S.C. 7401, et seq., the Federal Water
Pollution Control Act, as amended ("Water Act"), 33 U.S.C. 1251, et seq., and Executive Order 11738, the
Contractor agrees to:
(1.) Not utilize any facility in the performance of this contract or any subcontract which is listed on the EPA
List of Violating Facilities pursuant to Part 15 of the regulations for the duration of time that the facility
remains on the list;
(2.)
Promptly notify Owner's AHCDD if a facility the Contractor intends to use in the performance of this
contract is on the EPA List of Violating Facilities or the Contractor knows that it has been
recommended to be placed on the List;
Comply with all requirements of the Air Act and the Water Act, including requirements of Section 114
of the Air Act and Section 308 of the Water Act, and all applicable clean air and clean water standards;
and,
(3.)
(4.)
Include or cause to be included the provisions of this clause in every subcontract, and take such action
as HUD may direct as a means of enforcing such provisions.
15.
Energy Efficiency.
The Contractor shall comply with all standards and policies relating to energy efficiency which are contained in the
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163)
for the State of Georgia.
16.
Inspection and Acceptance of Construction.
A. Definitions. As used in this clause:
(1.) "Acceptance" means the act of Owner's AHCDD by which Owner's AHCDD and the Architect
approve and the Grant Recipient assumes ownership of the work performed under this contract.
Acceptance may be partial or complete.
(2.) "Inspection" means examining and testing the work performed under the contract (including, when
appropriate, raw materials, equipment, components, and intermediate assemblies) to determine
whether it conforms to contract requirements.
(3.) "Testing" means that element of inspection that determines the properties or elements, including
functional operation of materials, equipment, or their components, by the application of established
scientific principles and procedures.
B.
The Contractor shall maintain an adequate quality control system and will ensure that the work performed
under the contract conforms to contract requirements. All work is subject to inspection and test by Owner's
AHCDD and the Architect at all places and at all reasonable times before acceptance to ensure strict
compliance with the terms of the contract. If Owner's AHCDD requires the contractor to work overtime, on
weekends or on holidays, the contractor must first notify Owner's AHCDD in writing of the overtime schedule.
If Owner's AHCDD determines it necessary t6 have Owner's AHCDD or Architect staff present or on call
during the contractor's overtime, the contractor shall reimburse Owner's AHCDD or the Architect for the staff
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costs at time and half the regular staff rate. Should the contractor fail to reimburse Owner's AHCDD by the
next progress payment requested by the contractor, Owner's AHCDD shall deduct such reimbursement from
the contractor's next progress payment.
C.
Owner's AHCDD and Architect inspections and tests are for the benefit of Owner's AHCDD and the Grant
Recipient and do not:
(1.)
(2.)
(3.)
(4.)
relieve the Contractor of responsibility for providing adequate quality control measures;
relieve the Contractor of responsibility for loss or damaged material before acceptance;
constitute or imply acceptance; or,
affect the continuing rights of the Grant Recipient after acceptance of the completed work under
paragraph J below.
D.
The presence or absence of Owner's AHCDD or the Architect does not relieve the Contractor from any
contract requirement, nor is he authorized to change any term or condition of the specifications without
Owner's AHCDD's written authorization. AHCDD shall give all instructions and approvals with respect to the
work to the Contractor.
E.
The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably
needed for performing such safe and convenient inspections and tests as may be required by Owner's
AHCDD. Owner's AHCDD may charge to the Contractor any additional cost of inspection or test when work
is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-
inspection or retest necessary. Owner's AHCDD shall perform all inspections and tests in a manner that will
not unnecessarily' delay the work. Special, full size, and performance tests shall be performed as described
in the contract.
F.
Owner's AHCDD and the Architect may conduct routine inspections of the construction site on a daily basis.
G.
The Contractor shall, without charge, replace or correct work found by Owner's AHCDD or the Architect not
to conform to contract requirements, unless Owner's AHCDD decides that it is in their interest or that of the
Grant Recipient to accept the work with an appropriate adjustment in contract price. The Contractor shall
promptly segregate and remove rejected material from the premises.
H.
If the Contractor does not promptly replace or correct rejected work, Owner's AHCDD may:
(1.) by contract or otherwise, replace or correct the work and charge the cost to the Contractor;
(2.) terminate for default the Contractor's right to proceed.
I.
If any work requiring inspection is covered up without approval of Owner's AHCDD, it must, if requested by
Owner's AHCDD, be uncovered at the expense of the Contractor. If at any time before final acceptance of
the entire work, Owner's AHCDD considers it necessary or advisable to examine work already completed by
removing or tearing it out, the Contractor shall, on request, promptly furnish all necessary facilities, labor, and
material. If such work is found to be defective or non-conforming in any material respect due to the fault of
the Contractor or its subcontractors, the Contractor shall defray all the expenses of the examination and of
satisfactory reconstruction. If, however, such work is found to meet the requirements of the contract, Owner's
AHCDD shall make an equitable adjustment to cover the cost of the examination and reconstruction,
including, if completion of the work was thereby delayed, an extension of time.
J.
The Contractor shall notify Owner's AHCDD and the Architect as to the date when in its opinion all or a
designated portion of the work will be substantially completed and ready for inspection. If Owner's AHCDD
and the Architect determine that the state of preparedness is as represented, the inspection will be
completed promf?tly. Unless otherwise specified in the contract, Owner's AHCDD shall accept, as soon as
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practicable after completion and inspection, all work required by the contract or that portion of the work
Owner's AHCDD and the Architect determine and designate can be accepted separately. Acceptance shall
be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Grant
Recipient's right under any warranty or guarantee.
K.
Use and Possession Prior to Completion.
L.
The Grant Recipient shall have the right to take possession of or use any completed or partially completed
part of the work. Before taking possession of or using any work, the Architect shall furnish the Contractor a
list of items of work remaining to be performed or corrected on those portions of the work that the Grant
Recipient intends to take possession of or use. However, failure of AHCDD or the Architect to list any item of
work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Grant
Recipient's possession or use shall not be deemed an acceptance of any work under the contract.
M.
While the Grant Recipient has such possession or use, the Contractor shall be relieved of the responsibility
for:
(1.)
the loss of or damage to the work resulting from the Grant Recipient's possession or use,
notwithstanding the terms of the "Permits, Licenses, and Codes" clause of this contract;
all maintenance costs on the areas occupied; and,
furnishing heat, light, power, and water used in the areas occupied without proper remuneration.
(2.)
(3.)
N.
If prior possession or use by the Grant Recipient delays the progress of the work or causes additional
expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of
completion, and the contract shall be modified in writing accordingly.
Warranty of Title.
The Contractor warrants good title to all materials, supplies, and equipment incorporated in the work and agrees to
deliver the premises, together with all improvements thereon, free from any claims, liens or charges, and agrees
further that neither it nor any other person, firm or corporation shall have any right to a lien upon the premises or
anything appurtenant thereto.
18.
Warranty of Construction.
A.
In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph
J of this clause, that work performed under this contract conforms to the contract requirements and is free of
any defect in equipment, material, or workmanship performed by himself, any subcontractor, or supplier at
any tier. This warranty shall continue for a period of one year from the date of final acceptance of the work. If
the Grant Recipient takes possession of any part of the work before final acceptance, this warranty shall
continue for a period of one year from the date that the Grant Recipient takes possession.
B.
The Contractor shall remedy, at the Contractor's expense, any failure to conform, or any defect. In addition,
the Contractor shall remedy, at the Contractor's expense, any damage to the Grant Recipient's owned or
controlled real or personal property when the damage is the result of:
(1.)
(2.)
the Contractor's failure to conform to contract requirements; or
any defects of equipment, material, workmanship or design furnished by the Contractor.
C.
The Contractor will restore any work damaged in fulfilling the terms of this clause. The Contractor's warranty
with .respect to work repaired or replaced will run for one year from the date of repair or replacement.
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GENERAL CONDITIONS
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D.
The Grant Recipient shall notify the Contractor, in writing, within a reasonable time after the discovery of any
failure, defect, or damage.
E.
If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of
notice, AHCDD shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at
the Contractor's expense.
F.
With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work
performed and materials furnished under this contract, the Contractor shall:
(1.)
(2.)
(3.)
obtain all warranties that would be given in normal commercial practice;
require all warranties to be executed in writing, for the benefit of the Grant Recipient; and,
enforce all warranties for the benefit of the Grant Recipient.
G.
In the event the Contractor's warranty under this clause has expired, the Grant Recipient may bring suit at its
own expense to enforce a subcontractor, manufacturer, or supplier warranty.
H.
Unless a defect is caused by the negligence of the Contractor or subcontractor at any tier, the Contractor
shall not be liable for the repair of any defective material furnished by the Grant Recipient, nor for the repair
of any damage that results from any defect in Grant Recipient furnished material.
I.
Notwithstanding any provisions herein to the contrary, the establishment of the time periods in paragraphs A
and C above relate only to the specific obligation of the Contractor to correct the work, and have no
relationship to the time within which his obligation to comply with the contract may be sought to be enforced,
nor to the time within which proceedings may be commenced to establish the Contractor's liability with
respect to its obligation other than specifically to correct the work.
J.
This warranty shall not limit the Grant Recipient's rights under the "Inspection and Acceptance of
Construction" clause of this contract with respect to latent defects, gross mistakes or fraud.
19.
Prohibition Against Liens.
The Contractor is prohibited from placing a lien on the property of AHCDD or the City of Augusta, or it's officers or
agents. This prohibition shall apply to all subcontractors at any tier and all material suppliers.
ADMINISTRATIVE REQUIREMENTS
Contract Period.
The Contractor shall complete all work required under this contract within the time schedule established in the
Notice to Proceed issued by AHCDD.
Order of Precedence.
In the event of a conflict between these General Conditions and the Specifications, the General Conditions shall
prevail. In the event of a conflict between the contract and any applicable state or local law or regulation, the state
or local law or regulation shall prevail; provided that such state or local law or regulation does not conflict with, or is
less restrictive than applicable federal law, regulation, or Executive Order. In the event of such a conflict, applicable
federal law, regulation, or Executive Order shall prevail.
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Payments to Contractor.
A. Payments to the Contractor will be made by AHCDD on behalf of the Grant Recipient. AHCDD shall pay the
Contractor the price as provided in this contract.
Before any payment is made, an inspection by an AHCDD Rehabilitation Inspector and the Architect must be
performed. AHCDD shall make progress payments approximately every 30 days on the AHCDD-determined
value of work accomplished that meets the standards of quality established under the contract, as approved
by AHCDD and the Architect. AHCDD may, with the approval of the Director, make more frequent payments
to contractors that are qualified small businesses.
Before the first progress payment under this contract, the Contractor shall fumish, in such detail as
requested by AHCDD, a breakdown of the total contract price showing the amount for each principal
category of the work, which shall substantiate the payment requested and provide a basis for determining
progress payments. The breakdown shall be approved by AHCDD. If the contract covers more than one
project, the Contractor shall furnish a separate breakdown for each. The values and quantities employed in
making up this breakdown are for determining the amount of progress payments and shall not be construed
as a basis for additions to or deductions from the contraCt price.
The Contractor shall submit, on forms provided by AHCDD, requests for payment showing the value of the
work performed during the period based upon the approved breakdown of the contract price. Such payment
requests shall be submitted only for work completed during that period and are subject to correction and
revision as required. AHCDD, the Architect, and the Grant Recipient must approve the estimates prior to
payment. If the contract covers more than one project, the Contractor shall furnish a separate progress
payment estimate for each.
The AHCDD payment request shall include the following certification, which shall be signed by the
Contractor, or payment shall not be made:
B.
C.
D.
E.
F.
"I hereby certify, to the best of my knowledge and belief, that:
(1.) The amounts requested are only for performance in accordance with the specifications, terms, and
conditions of the contract;
(2.) Payments to subcontractors and suppliers have been made from previous payments received under
the contract, and timely payments will be made from the proceeds of the payment covered by this
certification, in accordance with subcontract agreements; and,
(3.) This request for progress payments does not include any amounts that the prime contractor intends
to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of
the subcontract."
Except as otherwise provided in State law, AHCDD shall retain ten (10) percent of the amount of progress
payments until completion and acceptance of all work under the contract; except, that if upon completion of
50 percent of the work, AHCDD, after consulting with the Architect, determines that the Contractor's
performance and progress are satisfactory, AHCDD may make the remaining payments in full for the work
subsequently completed. If AHCDD and the Architect subsequently determine that the Contractor's
performance and progress are unsatisfactory, AHCDD shall reinstate the ten (10) percent retainage until
such time as AHCDD and the Architect determine that performance and progress are satisfactory.
G.
AHCDD may authorize material delivered on the site and preparatory work already completed to be taken
into consideration when computing progress payments. Material delivered to the Contractor at locations
other than the site may also be taken into consideration if the Contractor furnishes satisfactory evidence that:
(1.)
(2.)
it has acquired title to such material;
the material is properly stored in a bonded warehouse, storage yard, or similar suitable place as may
be approved by AHCDD;
.the material is insured to cover its full value; and
(3.)
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(4.)
the material will be used to perform this contract.
H.
Before any progress payment that includes delivered material is made, the Contractor shall furnish such
documentation as AHCDD may require assuring the protection of the Grant Recipient's interest in such
materials. The Contractor shall remain responsible for such stored material notwithstanding the transfer of
title to the Grant Recipient.
I.
All material and work covered by progress payments made shall, at the time of payment become the sole
property of the Grant Recipient, but this shall not be construed as:
(1.)
relieving the Contractor from the sole responsibility for all material and work upon which payments
have been made or the restoration of any damaged work; or,
waiving the right of the Grant Recipient to require the fulfillment of all of the terms of the contract.
(2.)
J.
In the event the Contractor's work has been damaged by other contractors or persons other than employees
of AHCDD, the Architect, or the Grant Recipient in the course of their employment, the Contractor shall
restore such damaged work without cost to AHCDD or the Grant Recipient and seek redress for its damage
only from those who directly caused it.
K.
AHCDD shall make the final payment due the Contractor under this contract after:
(1.)
(2.)
completion and final acceptance of all work; and
presentation of release of all claims against AHCDD or the Grant Recipient arising by virtue of this
contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the
operation of the release. Each such exception shall embrace no more than one claim, the basis and
scope of which shall be clearly defined.
L.
The amounts for such excepted claims shall not be included in the request for final payment. A release may
also be required of the assignee if the Contractor's claim to amounts payable under this contract has been
assigned.
M.
Prior to making any payment, AHCDD may require the Contractor to furnish receipts or other evidence of
payment from all persons performing work and supplying material to the Contractor, if AHCDD determines
such evidence is necessary to substantiate claimed costs.
N.
Prompt Pay Act. This agreement is intended by the parties to, and does, supersede any and all provisions of
the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1 ,et seq. In the event any provision of this agreement
is inconsistent with any provision of the Prompt Pay Act, the provision of this agreement shall control.
o.
AHCDD shall not:
(1.) determine or adjust any claims for payment or disputes arising thereunder between the Contractor
and its subcontractors or material suppliers; or,
(2.) withhold any money for the protection of the subcontractors or material suppliers. The failure or
refusal of AHCDD to withhold money from the Contractor shall in nowise impair the obligations of any
surety or sureties under any bonds furnished under this contract.
Contract Modifications.
A.
Only AHCDD has authority to modify any term or condition of this contract. Any contract modification shall be
authorized in writing.
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B. AHCDD may modify the contract unilaterally:
(1.) pursuant to a specific authorization stated in a contract clause (e.g., Changes); or
(2.) for administrative matters which do not change the rights or responsibilities of the parties (e.g.,
changes in addresses). All other contract modifications shall be in the form of supplemental
agreements signed by AHCDD, the Contractor, and the Grant Recipient.
C. When a proposed modification requires the approval of the Augusta-Richmond County Commission prior to
its issuance (e.g., a change order that exceeds the Grant Recipient's approved threshold), modification shall
not be effective until the required approval is received by AHCDD.
5. Changes.
A. AHCDD may at any time, without notice to the sureties, by written order indicated to be a change order,
make changes in the work within the general scope of the contract including changes:
(1.) in the specifications (including drawings and designs);
(2.) in the method or manner of performance of the work;
(3.) Grant Recipient furnished facilities, equipment, materials, services, or site; or,
(4.) directing the acceleration in the performance of the work.
B. Any other written order or oral order (which, as used in this paragraph, includes direction, instruction,
interpretation, or determination) from AHCDD that causes a change sh'all be treated as a change order;
provided, that the Contractor gives AHCDD written notice stating:
(1.) the date, circumstances and source of the order; and
(2.) that the Contractor regards the order as a change order.
C. Except as provided in this clause, no order, statement, or conduct of AHCDD shall be treated as a change
under this clause or entitle the Contractorro.an- equitable adjustment.
D. If any change under this clause causes an increase or decrease in the Contractor's cost or the time required
for the performance of any of the work under this contract, whether or not changed by any such order,
AHCDD shall make an equitable adjustment and modify the contract in writing. However, except for an
adjustment based on defective specifications, no proposal for any change under paragraph 8 above shall be
allowed for any costs incurred more than 20 days (5 days for oral orders) before the Contractor gives written
notice as required. In the case of defective specifications for which AHCDD or the Architect is responsible,
the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in
attempting to comply with the defective specifications.
E. The Contractor must assert its right to an adjustment under this clause within 30 days after:
(1.) receipt of a written change order under paragraph A of this clause; or
(2.) the furnishing of a written notice under paragraph 8 of this clause, by submitting a written statement
describing the general nature and the amount of the proposal.
F. If the facts justify it, AHCDD may extend the period for submission. The proposal may be included in the
notice required under paragraph 8 above. No proposal by the Contractor for an equitable adjustment shall be
allowed if asserted after final payment under this contract.
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G.
The Contractor's written proposal for equitable adjustment shall be submitted in the form of a lump sum
proposal supported with an itemized breakdown of all increases and decreases in the contract in at least the
following details:
(1.) Direct Costs. Materials (list individual items, the quantity and unit cost of each, and the aggregate
cost); Transportation and delivery costs associated with materials; Labor breakdowns by hours or
unit costs (identified with specific work to be performed); Construction equipment exclusively
necessary for the change; Costs of preparation and/or revision to shop drawings resulting from the
change; Worker's Compensation and Public Liability Insurance; Employment taxes under FICA and
FUTA; and, Bond Costs - when size of change warrants revision.
(2.) Indirect Costs. Indirect costs may include overhead, general and administrative expenses, and fringe
benefits not normally treated as direct costs.
(3.) Profit. The amount of profit shall be negotiated and may vary according to the nature, extent, and
complexity of the work required by the change.
The allowability of the direct and indirect costs shall be determined in accordance with the Contract Cost
Principles and Procedures for Commercial Firms in Part 31 of the Federal Acquisition Regulation (48 CFR 1-
31), as implemented by HUD Handbook 2210.18, in effect on the date of this contract. The Contractor shall
not be allowed a profit on the profit received by any subcontractor. Equitable adjustments for deleted work
shall include a credit for profit and may include a credit for indirect costs. On proposals covering both
increases and decreases in the amount of the contract, the application of indirect costs and profit shall be on
the net-change in direct costs for the Contractor or subcontractor performing the work.
The Contractor shall include in the proposal its request for time extension (if any), and shall include sufficient
information and dates to demonstrate whether and to what extent the change will delay the completion of the
contract in its entirety. .
AHCDD shall act on proposals within 30 days after their receipt, or notify the Contractor of the date when
such action will be taken.
Failure to reach an agreement on any proposal shall be a dispute under the clause entitled "Disputes"
herein. Nothing in this clause, however, shall excuse the Contractor from proceeding with the contract as
changed.
Except in an emergency endangering life or property, no change shall be made by the Contractor without a
prior order from AHCDD.
H.
I.
J.
K.
L.
Suspension of Work.
A.
AHCDD may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work of this
contract for the period of time that AHCDD determines appropriate for the convenience of AHCDD or the
Grant Recipient.
B.
If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed,
or interrupted:
(1.)
(2.)
By an act of AHCDD in the administration of this contract; or
By AHCDD's failure to act within the time specified in this contract (or within a reasonable time if not
specified);
an adjustment shall be made for any increase in the cost of performance of the contract (excluding profit)
necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in
writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or
interruption to the extent that performance would have been so suspended, delayed, or interrupted by any
other cause, including the fault or negligence of the Contractor or for which any equitable adjustment is
provided for or excluded under any other provision of this contract.
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DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
CDBG #2009R
7.
c.
A claim under this clause shall not be allowed:
(1.)
For any costs incurred more than 20 days before the Contractor shall have notified AHCDD in writing
of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a
suspension order); and,
Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the
termination of the suspension, delay, or interruption, but not later than the date of final payment
under the contract.
(2.)
Disputes.
A.
"Claim," as used in this clause, means a written demand or assertion by one of the contracting parties
seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of
contract terms, or other relief arising under or relating to the contract. A claim arising under the contract,
unlike a claim relating to the contract, is a claim that can be resolved under a contract clause that provides
for the relief sought by the claimant. A voucher, invoice, or other routine request for payment that is not in
dispute when submitted is not a claim. The submission may be converted to a claim by complying with the
requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a
reasonable time.
B.
Except for disputes arising under the clauses entitled "Labor Standards" and "Labor Standards - Non-
routine Maintenance", all disputes arising under or relating to this contract, including any claims for
damages for the alleged breach thereof which are not disposed of by agreement, shall be resolved under this
clause.
c.
All claims by the Contractor shall be made in writing within ten (10) calendar days from the date of the
occurrence of the dispute and submitted to AHCDD fora written decision. A claim by the Grant Recipient
against the Contractor shall be subject to a written decision by AHCDD. All claims by the Contractor shall be
made in writing and submitted to AHCDD for a written decision.
D.
AHCDD shall, within 60 days after receipt of the request, decide the claim or notify the Contractor of the date
by which the decision will be made.
E.
AHCDD's decision shall be final unless the Contractor:
(1.) appeals in writing to the AHCDD Director in accordance with AHCDD's policies and procedures;
(2.) refers the appeal to the County Administrator for independent mediation or arbitration in accordance
with AHCDD's policies and procedures; or
(3.) files suit in the Superior Court of Richmond County, Georgia. The Contractor, by executing this
agreement, specifically consents to venue in Richmond County and waives any right to contest the
venue in the Superior Court of Richmond County, Georgia.
F.
Such appeal must be made within 14 days after receipt of AHCDD's decision.
G.
The Contractor shall proceed diligently with performance of this contract, pending final resolution of any
request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any
decision of AHCDD.
Default.
A.
AHCDD may declare the Contractor in default by written notice thereof to the Contractor, and terminate the
whole or any part of this Contract for any of the following reasons:
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AHCDD Form 402
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
COBG #2009R
(1.) Failure to begin work within the time specified in the Contract or as otherwise specified;
(2.) Failure to perform the work with sufficient labor, equipment, or material to insure the completion of
the specified work in accordance with the Contract terms;
(3.) Unsatisfactory performance of the work;
(4.) Failure or refusal to remove material, or remove and replace any work rejected as defective or
unsatisfactory;
(5.) Discontinuance of work without approval;
(6.) Failure to resume work, which has been discontinued, within a reasonable time after notice to do so;
(7.) Insolvency or bankruptcy;
(8.) Assignment made for the benefit of creditors;
(9.) Failure or refusal within 10 days after payment by AHCDD or upon written notice by AHCDD, to make
payment or show cause why payment should not be made, of any amounts due for materials
furnished, labor performed, equipment rentals, or utility services rendered;
(10.) Failure to protect, to repair, or to make good any damage or injury to property; or
(11.) Breach of any provision of this Contract.
B. In the event that AHCDD terminates this Contract in whole or in part as provided in Subparagraph A above,
AHCDD may procure, upon such terms and in such manner as it determines, services similar or identical to
those so terminated, and the Contractor shall be liable to AHCDD for any reasonable excess costs for such
similar or identical services included within the terminated part of the Contract.
C. If the Contract is terminated as provided in Subparagraph A above, AHCDD, in addition to any other rights
provided in this paragraph, may require the Contractor to transfer title and deliver immediately to the Grant
Recipient in the manner and to the extent directed by AHCDD, such partially completed work, including,
where applicable, reports, working papers and other documentation, as the Contractor has specifically
produced or specifically acquired for the performance of such part of the Contract as has been terminated.
Payment for completed work accepted by AHCDD shall be at the Contract price. Except as provided below,
payment for partially completed work including reports and working papers, delivered to and accepted by
AHCDD shall be in an amount agreed upon by the Contractor and AHCDD. AHCDD may withhold from
amounts otherwise due the Contractor for such completed or partially completed works, such sum as
AHCDD determines to be necessary to protect AHCDD and the Grant Recipient against loss.
O. The rights and remedies of AHCDD provided in this paragraph shall not be exclusive and are in addition to
any other rights and remedies provided by law or under this Contract.
E. AHCDD failure to exercise any rights or remedies provided in this paragraph shall not be construed to be a
waiver by AHCDD of its rights and remedies in regard to the event of default or any succeeding event of
default.
F. The Contractor's right to proceed shall not be terminated or the Contractor charged with damages under this
clause if the delay in completing the work arises from unforeseeable causes beyond the control and without
the fault or negligence of the Contractor. Examples of such causes include:
(1.) acts of God, or of the public enemy;
(2.) acts of the Grant Recipient, AHCDD, or other governmental entity in either its sovereign or
contractua.l capacity;
(3.) acts of another contractor in the performance of a contract with AHCDD or the Grant Recipient;
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DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
CDBG #2009R
9.
(4.)
(5.)
(6.)
(7.)
(8.)
(9.)
(10.)
(11.)
fires;
floods;
epidemics;
quarantine restrictions;
strikes;
freight embargoes;
unusually severe weather; or
delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the
control and without the fault or negligence of both the Contractor and the subcontractors or suppliers.
G.
The Contractor, within 10 days from the beginning of such delay (unless extended by AHCDD) must notify
AHCDD in writing of the causes of delay. AHCDD shall ascertain the facts and the extent of the delay. If, in
the judgment of AHCDD, the findings of fact warrant such action, time for completing the work shall be
extended by written modification to the contract. The findings of AHCDD shall be reduced to a written
decision that shall be subject to the provisions of the "Disputes" clause of this contract.
H.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in
default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the
termination had been for convenience of AHCDD and the Grant Recipient.
Liquidated Damages.
A.'
If the Contractor fails to complete the work within the time specified in the contract, or any extension, as
specified in the clause entitled "Default" of this contract, the Contractor shall pay to the Owner, as liquidated
damages, the sum of $100.00 for each day of delay. If different completion dates are specified in the contract
for separate parts or stages of the work, the amount of liquidated damages shall be assessed on those parts
or stages which are delayed. To the extent that the Contractor's delay or nonperformance is excused under
another clause in this contract, liquidated damages shall not be due the Grant Recipient. The Contractor
remains liable for damages caused other than by delay.
B.
If AHCDD terminates the Contractor's right to proceed, the resulting damage will consist of liquidated
damages until such reasonable time as may be required for final completion of the work together with any
increased costs occasioned AHCDD in completing the work.
C.
If AHCDD does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated
damages until the work is completed or accepted.
Termination for Convenience.
A.
AHCDD may terminate this contract in whole, or in part, whenever AHCDD determines that such termination
is in the best interest of AHCDD and the Grant Recipient. Any such termination shall be effected by delivery
to the Contractor of a Notice of Termination specifying the extent to which the performance of the work under
the contract is terminated, and the date upon which such termination becomes effective.
B.
If the performance of the work is terminated, either in whole or in part, AHCDD and the Grant Recipient shall
be liable to the Contractor for reasonable and proper costs resulting from such termination upon the receipt
by AHCDD of a properly presented claim setting out in detail:
(1.)
the total cost of the work performed to date of termination less the total amount of contract payments
made to the Contractor;
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AHCDD Form 402
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
COBG #2009R
(2.) the cost (including reasonable profit) of settling and paying claims under subcontracts and material
orders for work performed and materials and supplies delivered to the site, payment for which has
not been made by AHCDD to the Contractor or by the Contractor to the subcontractor or supplier;
(3.) the cost of preserving and protecting the work already performed until the Grant Recipient or
assignee takes possession thereof or assumes responsibility therefor;
(4.) the actual or estimated cost of legal and accounting services reasonably necessary to prepare and
present the termination claim to AHCDD; and
(5.) an amount constituting a reasonable profit on the value of the work performed by the Contractor.
C. AHCDD will act on the Contractor's claim within 60 days of receipt of the Contractor's claim.
O. Any disputes with regard to this clause are expressly made subject to the provisions of the "Disputes"
clause of this contract.
11. Assignment of Contract.
A. Subject to the terms and conditions of this Contract, this Contract shall be binding upon the parties and their
respective successors and assigns.
B. The Contractor shall not subcontract with any person or entity to perform all or any part of the work to be
performed under this Contract without the prior written consent of AHCDD, which consent may be withheld at
the sole and absolute discretion of AHCDD.
C. The Contractor may' not assign, in whole or in part, this Contract or its rights, duties, obligations, or
responsibilities hereunder without the prior written consent of AHCDD, which consent may be withheld at the
sole and absolute discretion of AHCDD.
O. The Contractor may not, without the consent of AHCDD, assign its rights to payment to be received under
the Contract.
E. For the purposes of this Contract, the term "assign" shall include, but shall not be limited to, the sale, gift,
assignment, pledge, or other transfer of any Grant Recipient's interest in the Contractor provided, however,
that the term shall not apply to the sale or other transfer of stock of a publicly traded company.
F. Any assignment consented to by AHCDD shall be evidenced by a written assignment agreement executed
by the Contractor and its assignee in which the assignee agrees to be legally bound by all of the terms and
conditions of the Contract and to assume the duties, obligations, and responsibilities being assigned.
G. A change of name by the Contractor, following which the Contractor's federal tax identification number
remains unchanged 1 shall not be considered to be an assignment hereunder. The Contractor shall give
AHCDD written notice of any such change of name.
12. Insurance and Bonds.
A. Before commencing work, the Contractor and each subcontractor shall furnish AHCDD with certificates of
insurance showing the following insurance is in force and will insure all operations under the Contract:
(1.) Workers' Compensation, in accordance with State of Georgia Workers' Compensation laws.
(2.) Commercial General Liability with a combined single limit for bodily injury and property damage of not
less than $1,000,000 per occurrence to protect the Contractor and each subcontractor against claims
for bodily injury or death and damage to the property of others. This shall cover the use of all
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AHCDD Form 402
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
COBG #2009R
equipment, hoists, and vehicles on the site(s) not covered by Automobile Liability under (3) below. If
the Contractor has a "claims-made" policy, then the following additional requirements apply: the
policy must provide a "retroactive date" which must be on or before the execution date of the
Contract; and the extended reporting period may not be less than five years following the completion
date of the Contract.
(3.) Automobile Liability on owned and non-owned motor vehicles used on the site(s) or in connection
therewith for a combined single limit for bodily injury and property damage of not less than
$1,000,000 per occurrence.
B. Before commencing work, the Contractor shall furnish AHCDD with a certificate of insurance evidencing that
Builder's Risk (fire and extended coverage) Insurance on all work in place and/or materials stored at the
building site(s), including foundations and building equipment, is in force. The Builder's Risk Insurance shall
be for the benefit of the Contractor and the Grant Recipient as their interests may appear and each shall be
named in the policy or policies as an insured. The Contractor in installing equipment supplied by the Grant
Recipient shall carry insurance on such equipment from the time the Contractor takes possession thereof
until AHCDD and the Grant Recipient accept the Contract work. The Builder's Risk Insurance need not be
carried on excavations, piers, footings, or foundations until such time as work on the superstructure is
started. It need not be carried on landscape work. Policies shall fumish coverage at all times for the full cash
value of all completed construction, as well as materials in place and/or stored at the site(s), whether or not
partial payment has been made by AHCDD. The Contractor may terminate this insurance on buildings as of
the date taken over for occupancy by the Grant Recipient. The Contractor is not required to carry Builder's
Risk Insurance for modernization work that does not involve structural alterations or additions and where the
Grant Recipient's existing fire and extended coverage policy can be endorsed to include such work.
C. Prior to signing of the Construction Contract, the Contractor must furnish a Performance Bond and Labor and.
Material Payment Bond covering the faithful performance of the Contract and the payment of all obligations
arising thereunder, issued at 100% of the Contract Amount for all coverages. The Performance Bond and the
Labor and Material Payment Bond may be in one, or may be in separate instruments, in accordance with
local law.
O. The Contractor shall furnish copies of all insurance certificates to AHCDD before commencing with the work,
showing evidence of coverage and naming as additional insured to the policies the Grant Recipient, including
their respective Commissioners, Board Members, Officers, Agents and Employees, individually and
collectively. The contractor shall not be allowed to commence work until the required certificates are provided
to AHCDD. Additionally, should the insurance become ineffective or lapse during construction, AHCDD shall
require the contractor to cease work until such time as the contractor submits proof of insurance in
compliance with the requirements of this contract. If such suspension of work is necessary, the contractor
shall not be entitled to addition time to complete the work.
E. All insurance shall be carried with companies that are financially responsible and admitted to do business in
the State of Georgia. If any such insurance is due to expire during the construction period, the Contractor
(including subcontractors, as applicable) shall not permit the coverage to lapse and shall furnish evidence of
coverage to AHCDD. All certificates of insurance, as evidence of coverage, shall provide that no coverage
may be canceled or non-renewed by the insurance company until at least 30 days prior written notice has
been given to AHCDD.
13. Subcontracts.
A. Definitions. As used in this contract:
(1.) "Subcontract" means any contract, purchase order, or other purchase agreement, including
modifications and change orders to the foregoing, entered into by a subcontractor to furnish supplies,
materials, equipment, and services for the performance of the prime contract or a subcontract.
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
CDBG #2009R
B.
C.
(2.)
"Subcontractor" means any supplier, vendor, or firm that furnishes supplies, materials, equipment,
and services for the performance of the prime contract or a subcontract.
No subcontract for assignment of this contract shall be made without the written consent of AHCDD.
The Contractor shall not enter into any subcontract with any subcontractor who has been denied participation
in any AHCDD or HUD program or who has been suspended or debarred from participating in contracting
programs by the City of Augusta, AHCDD, HUD, or any other agency of the United States Government or of
the State of Georgia.
D.
The Contractor shall be fully responsible for the acts or omissions of its subcontractors, and of persons either
directly or indirectly employed by them as for the acts or omissions of persons directly employed by the
Contractor.
E.
The Contractor shall insert appropriate clauses in all subcontracts to bind subcontractors to the terms and
conditions of this contract insofar as they are applicable to the work of subcontractors.
F.
Nothing contained in this contract shall create any contractual relationship between any subcontractor and
AHCDD or between any subcontractor and the Grant Recipient.
14.
Subcontracting with Small and Minority Firms, Women's Business Enterprise, and Labor Surplus Area
Firms.
The Contractor shall take the following steps to ensure that, whenever possible, subcontracts are awarded to small
business firms, minority firms, women's business enterprises 1 and labor surplus area firms:
A.
Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
B.
Ensuring that small and minority businesses and women's business enterprises are solicited whenever they
are potential sources;
C.
Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses and women's business enterprises;
D.
Establishing delivery schedules, where the requirements of the contract permit, which encourage
participation by small and minority businesses and women's business enterprises; and
E.
Using the services and assistance of the U.S. Small Business Administration, the Minority Business
Development Agency of the U.S. Department of Commerce, and State and local governmental small
business agencies.
Equal Employment Opportunity.
A.
During the performance of this contract, the Contractor agrees as follows:
(1.)
The Contractor shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, national origin, or handicap.
The Contractor shall take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, national
origin, or handicap. Such action shall include, but not be limited to:
(2.)
(a)
employment;
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
COBG #2009R
(b) upgrading;
(c) demotion;
(d) transfer;
(e) recruitment or recruitment advertising;
(f) layoff or termination;
(g) rates of payor other forms of compensation; and
(h) selection for training, including apprenticeship.
B. The Contractor shall post in conspicuous places available to employees and applicants for employment the
notices to be provided by AHCDD that explain this clause.
C. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, national origin, or handicap.
O. The Contractor shall send, to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, the notice to be provided by AHCDD advising the
labor union or workers' representative of the Contractor's commitments under this clause, and post copies of
the notice in conspicuous places available to employees and applicants for employment.
E. The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders
of the Secretary of Labor.
F. The Contractor shall furnish all information and reports required by Executive Order 11246, as amended,
Section 503 of the Rehabilitation Act of 1973, as amended, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records 1 and
accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
G. In the event of a determination that the Contractor is not in compliance with this clause or any rule,
regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in
whole or in part, and the Contractor may be declared ineligible for further Government contracts, or Federally
assisted construction contracts under the procedures authorized in Executive Order 11246, as amended. In
addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive
Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise
provided by law.
H. The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order
unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order
11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.
The Contractor shall take such action with respect to any subcontract or purchase order as the Secretary of
Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such
provisions, including sanctions for noncompliance; provided that if the Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may
request the United States to enter into the litigation to protect the interests of the United States.
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AHCDD Form 402 DEVELOPMENT DEPARTMENT
(Rev. 05/07) GENERAL CONDITIONS CDBG #2009R
16.
Employment, Training, and Contracting Opportunities for Low-Income Persons, Section 3 of the Housing
and Urban Development Act of 1968.
A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to
ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income
persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD regulations in 24 CFR part 135, which implement
section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from complying with the part 135
regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor
organization or workers representative of the contractors commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees and applicants for
training and employment positions can see the notice. The notice shall describe the section 3 preference,
shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s) taking applications for each
of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees t~ take appropriate action, as provided in an applicable .provision
of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the
contractor has knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1)
after the contractor is selected but before the contract is executed, and (2) with persons other than those to
whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to
circumvent the contractors obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
G. In the event of a determination by AHCDD that the Contractor is not in compliance with this clause or any
rule, regulation, or report submission requirements of AHCDD, this contract may be canceled, terminated, or
suspended in whole or in part, and the Contractor may be declared ineligible for further AHCDD contracts.
17.
Interest of Members of Congress.
No member of or delegate to the Congress of the United States of America shall be admitted to any share or part of
this contract or to any benefit that may arise therefrom.
18.
Interest of Members, Officers, or Employees and Former Members, Officers, or Employees.
No member, officer, or employee of AHCDD, the Grant Recipient, no member of the governing body of the City of
Augusta, and no other public official of the City of Augusta who exercises any functions or responsibilities with
respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect,
in this contract or the proceeds thereof. . .
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AHCDD Form 402
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
CDBG #2009R
19. Limitations on Payments Made to Influence Certain Federal Financial Transactions.
A. The Contractor agrees to comply with Section 1352 of title 31, United States Code which prohibits the use of
Federal appropriated funds to pay any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a
Member of Congress in connection with any of the following covered Federal actions: the awarding of any
Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any
cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement.
B. The Contractor further agrees to comply with the requirement of the Act to furnish a disclosure (OMB
Standard Form LLL, Disclosure of Lobbying Activities) if any funds other than Federal appropriated funds
(including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
a Federal contract, grant, loan, or cooperative agreement.
C. Indian tribes (except those chartered by States) and Indian organizations as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450B) are exempt from the requirements of this
clause.
20. Royalties and Patents.
The Contractor shall pay all royalties and license fees. It shall defend all suits or claims for infringement of any
patent rights and shall save AHCDD and the Grant Recipient harmless from loss on account thereof; except that
AHCDD, the Architect, and the Grant Recipient shall be responsible for all such loss when a particular design,
process or the product of a particular manufacturer or manufacturers is specified and the Contractor has no reason
to believe that the specified design, process, or product is an infringement. If, however, the Contractor has reason
to believe that any design, process or product specified is an infringement of a patent, the Contractor shall promptly
notify AHCDD. Failure to give such notice shall make the Contractor responsible for resultant loss.
21. Examination and Retention of Contractor's Records.
A. AHCDD, HUD, or the Comptroller General of the United States, or any of their duly authorized
representatives shall, until 3 years after final payment under this contract, have access to and the right to
examine any of the Contractor's directly pertinent books, documents, papers, or other records involving
transactions related to this contract for the purpose of making audit, examination, excerpts, and
transcriptions.
B. The ContractOr agrees to include in first-tier subcontracts under this contract a clause substantially the same
as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders not exceeding
$10,000.
C. The periods of access and examination in paragraphs A and B above for records relating to (1) appeals
under the "Disputes" clause of this contract, (2) litigation or settlement of claims arising from the
performance of this contract, or (3) costs and expenses of this contract to which AHCDD, HUD, or
Comptroller General or any of their duly authorized representatives has taken exception shall continue until
disposition of such appeals, litigation, claims, or exceptions.
22. Labor Standards - Davis-Bacon and Related Acts.
If the total amount of this contract exceeds $2,000, the Federal labor standards set forth in the clause below shall
apply to the construction work to be performed under the contract, except if the construction work has been
determined to be "Non-routine Maintenance" subject to the terms of that clause of this contract.
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AHCDD Form 402
(Rev. 05/07)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
CDBG #2009R
23. Minimum Wages.
A. All laborers and mechanics employed or working upon the site of the work (or, under the United States
Housing Act of 1937 or under the Housing Act of 1949, in the construction or development of the project) will
be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions as are permitted by regulations issued by the Secretary of
Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or
cash equivalents thereof) due at time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to exist between the Contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section
1 (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1 )(iv); also, regular contributions made or
costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs, which cover the regular weekly period, are deemed to be constructively made or incurred during
such weekly period. Such laborers and mechanics shall be paid not less than the appropriate wage rate and
fringe benefits in the wage determination for the classification of work actually performed, without regard to
skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked
therein; provided, that the employer's payroll records accurately set forth the time spent in each classification
in which work is performed. The wage determination (including any additional classification and wage rates
conformed under 29 CFR 5.5(a)(1 )(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by
the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can
be easily seen by the workers.
B. Any class of laborers or mechanics which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage determination. HUD shall
approve an additional classification and wage rate and fringe benefits therefor only when all the following
criteria have been met:
(1.) The work to be performed by the classification requested is not performed by a classification in the
wage determination;
(2.) The classification is utilized in the area by the construction industry; and
(3.) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination.
C. If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or its designee agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its
designee to the Administrator of the Wage and Hour Division, Employee Standards Administration, U.S.
Department of Labor, Washington, DC 2021 D. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise
HUD or its designee or will notify HUD or its designee within the 3D-day period that additional time is
necessary.
D. In the event the Contractor, the laborers or mechanics to be employed in the classification or their
representatives, and HUD or its designee do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the
questions, including the views of all interested parties and the recommendation of HUD or its designee, to
the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will
notify HUD. or its designee within the 3D-day period that additional time is necessary.
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AHCDD Form 402
(Rev. 05/07)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
COSG #2009R
E. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (b)(2)(ii)
or (iii) of this clause shall be paid to all workers performing work in the classification under this contract from
the first day on which work is performed in the classification.
F. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
G. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as
part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the
written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
H. Withholding of funds. HUD or its designee shall, upon its own action or upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this
contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted
contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime Contractor,
so much of the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices 1 trainees, and helpers, employed by the Contractor or any subcontractor
the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the site of the work (or, under the United
States Housing Act of 1937 or under the Housing Act of 1949, in the construction or development of the
project), all or part of the wages req\Jired by the contract, HUD or its designee may, after written notice to the
Contractor, take such action as necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the
Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the
respective employees to whom they are due. The Comptroller General shall make such disbursements in the
case of direct Davis-Bacon Act contracts.
24. Payrolls and basic records.
A. Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the
work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of
the work (or, under the United States Housing Act of 1937 or under the Housing Act of 1949, in the
construction or development of the project). Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification, hourly rates of wages paid (including
rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in section 1 (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR
5.5(a)(1 )(iv), that the wages of any laborer or mechanic include the amount of costs reasonably anticipated in
providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis-Bacon Act, the
Contractor shall maintain records which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost
incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the
applicable programs.
B. The Contractor shall submit weekly for each week in which any contract work is performed a copy of all
payrolls to AHCDD for transmission to HUD or its designee. The payrolls submitted shall set out accurately
and completely all of the information required to be maintained under subparagraph C (1) of this clause. This
information may be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005-
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AHCDD Form 402
(Rev. 05/07)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
COBG #2009R
00014-1) is available for this purpose and may be purchased from the Superintendent of Documents, U.S.
Government Printing Office, Washington, DC 20402. The prime Contractor is responsible for the submission
of copies of payrolls by all subcontractors.
C. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(1.) That the payroll for the payroll period contains the information required to be maintained under
paragraph C of this clause and that such information is correct and complete;
(2.) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in 29 CFR Part 3; and
(3.) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the contract.
O. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirements for submission of the "Statement of Compliance" required by
subparagraph C of this clause.
E. The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or
criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.
F. The Contractor or subcontractor shall make the records required under subparagraph D available for
inspection, copying, or transcription by authorized representatives of HUD or its designee, AHCDD, or the
Department of Labor and shall permit such representatives to interview employees during working hours on
the job. If the Contractor or subcontractor fails to submit the required records or to make them available,
HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit
the required records upon request or to make such records available may be grounds for debarment action
pursuant to 29 CFR 5.12.
G. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person
is employed in his or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who has been certified by the
Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible
for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire
work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is
not registered or otherwise employed as stated in this paragraph, shall be paid not less than the applicable
wage rate on the wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the registered program shall
be paid not less than the applicable wage rate on the wage determination for the work actually performed.
Where a contractor is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in
the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at
not less than the rate specified in the registered program for the apprentice's level of progress, expressed as
a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall
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AHCDD Form 402
(Rev. 05/07)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
COBG #2009R
be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on
the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division
determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid
in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the
Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
H.
Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered
in a program which has received prior approval, evidenced by formal certification by the U.S. Department of
Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not
be greater than permitted under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program for the trainee's level of
progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the corresponding journeyman wage rate
in the wage determination which provides for less than full fringe benefits for apprentices. Any employee
listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage rate in the wage
determination for the classification of work actually performed. In addition, any trainee performing work on
the job site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate in the wage determination for the work actually performed. In the event the Employment
and Training Administration withdraws approval of a training program, the Contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this clause
shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR
Part 3, which are hereby incorporated by reference in this contract.
Contract termination; debarment. A breach of this contract clause may be grounds for termination of the
contract and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12.
Compliance with Davis-Bacon and related Act requirements. All rulings and interpretations of the Davis-
Bacon and related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this
contract.
Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this clause
shall not be subject to the general dispute clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between the Contractor (and any of its subcontractors)
and AHCDD, HUD, the U.S. Department of Labor, or the employees or their representatives.
I.
J.
K.
L.
M.
Certification of eligibility.
A. By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm
who has an interest in the Contractor's firm is a person or firm ineligible to be awarded contracts by the
United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
Page 402-31
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AHCDD Form 402
(Rev. 05/07)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
CDBG #2009R
B. No part of this contract shall be subcontracted to any person or firm ineligible to be awarded contracts by the
United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
C. The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001.
26. Contract Work Hours and Safety Standards Act.
As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards.
A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics, including watchmen and guards, shall
require or permit any such laborer or mechanic in any workweek in which the individual is employed on such
work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in
excess of 40 hours in such workweek.
B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions
set forth in subparagraph J (1) of this clause, the Contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a territory, to such District or to
such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic (including watchmen and guards) employed in violation of the provisions set
forth in subparagraph J (1) of this clause, in the sum of $10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of 40 hours without payment of the
overtime wages required by provisions set forth in subparagraph J (1) of this clause.
C. Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under
any such contract or any Federal contract with the same prime Contractor, or any other Federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime
Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or
subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in
subparagraph J (2) of this clause.
27. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this
clause, and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause
requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall
be responsible for the compliance by any subcontractor or lower tier subcontractor with all these provisions.
28. labor Standards - Non-routine Maintenance. Not applicable.
29. Non-Federal Prevailing Wage Rates.
A. Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under State law to
be prevailing, with respect to any employee in any trade or position employed under the contract, is
inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with
respect to employees engaged under the contract whenever either of the following occurs:
(1.) Such non-Federal prevailing wage rate exceeds:
(a) the applicable wage rate determined by the Secretary of Labor pursuant to the Davis-Bacon Act
(40 U.S.C. 276a et seq.) to be prevailing in the locality with respect to such trade;
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AHCDD Form 402
(Rev. 05/07)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
Project #:
COBG #2009R
(b) an applicable apprentice wage rate based thereon specified in an apprenticeship program
registered with the Department of Labor or a DOL-recognized State Apprenticeship Agency;
(c) an applicable trainee wage rate based thereon specified in a DOL-certified trainee program.
B. Such non-Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate
determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position.
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AUGUST A HOUSING & COMMUNITY Project #:
IIAHCDD Form 403 DEVELOPMENT DEPARTMENT
.
(Rev. 05/07) SUPPLEMENTAL CONDITIONS COSG #2009R
Architect: Architectural and Engineering services for this project will be provided by:
No architect was used for this proiect.
Approved Equal:
Whenever a product is defined in this invitation by trade name and catalogue number of a
manufacturer or contractor, the term "or approved equal", if not inserted therewith shall be implied.
Any reference to a particular manufacturer1s product either by trade name or by limited description
is solely for the purpose of more clearly indicating the minimum standard of quality desired, except
where a "no substitute" is requested. When a "no substitute" is requestect;thehottsingatttooftty
will consider bids for the referenced product only. The term "or approved equal" is defined as
meaning any other make which, in the sole opinion of the Augusta Housing & Community
Development Department (AHCDD), is of such character, quality and performance equivalence as
to meet the standard of quality of products specified for which it is to be used equally as well as
that specified. The bidder quoting on a product other than the referenced product shall furnish
complete identification on the bid form of the product he is offering by trade name, brand andT()r
model number. The bidder shall also furnish with his/her bid,descriptive literature and data with
respect to the substitute product he proposes to furnish. Bidders offering a substitute shall also
indicate any known specification deviations from the referenced product.
Delivery:
All materials and products shall be delivered F.O.B. Destination with any delivered duty paid
(DDP). The contractor agrees to bear the risk of loss, injury or destruction of products ordered
which occur prior to receipt by the Grant Recipient and acceptaRce byAl::iCD.O~.SucI:l.loss..~.
or destruction shall not release contractor from any contractual obligations. All products must be
delivered within the time period specified on the order. Time is of the essence and, in addition to
any other remedies contained in this invitation for bid; the order is subject to termination for failure
to deliver as specified. In the event of termination, AHCDD shall have the right to purchase in the
open market a corresponding quantity of the products and the contractor shall be responsible for
any excess cost to the Grant Recipient and AHCDD.
1
14.
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Inspection and Rejection:
No product received by AHCDD shall be deemed accepted until AHCDD has had a reasonable
opportunity to inspect said product. Any product, which is discovered to be defective or fails to
conform to the specifications, may be rejected upon initial inspection or at any later time if the
defects contained in the products or the noncompliance with the specifications were not
reasonably ascertainable upon the initial inspection. The decision of AHCDD shall be final. It shall
thereupon become the duty of the contractor to remove rejected products from the premises
without expense to AHCDD within fifteen (15) days notification. Rejected products left longer than
fifteen (15) days will be regarded as abandoned, and AHCDD shall have the right to dispose of
them as its own property and shall retajn that portion of the proceeds of any sale wl1ich represents
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AUGUST A HOUSING & COMMUNITY Project #:
AHCDD Form 403 DEVELOPMENT DEPARTMENT
(Rev. 05/07) SUPPLEMENTAL CONDITIONS CDBG #2009R
them as its own property and shall retain that portion of the proceeds of any sale which represents
AHCDD costs and expenses in regard to the storage and sale of the products. Upon notice of
rejection, the contractor shall immediately replace all such rejected products with others
conforming to the specifications and which are not defective. If the contractor fails, neglects or
refuses to do so, AHCDD shall then have the right to purchase in the open market a
corresponding quantity of such products, and deduct from any monies due or that may thereafter
become due to the contractor, the difference between the price stated in the contract or purchase
order and the actual cost thereof to AHCDD.
5. AHCDD Approval of Subcontracts.
A. Any proposed subcontracts shall be disclosed in Contractor's bid submission. Contractor shall
furnish such written information as AHCDD may require concerning the proposed
subcontractor, together with the proposed subcontractor's Non-Collusion Affidavit in the form
prescribed by AHCDD within 5 days of AHCDD request for such information. Any objection
shall be expressed in writing by AHCDD within ten (10) days after receipt.
B. AHCDD may, without claim for extra cost by the contractor, disapprove any subcontractor for
cause on the basis of its own determination or because of the fact that the proposed
subcontractor is listed as ineligible to receive awards of contracts from the United States on a
current AHCDD list or list furnished by HUD.
C. Nothing contained in the contract shall create any contractual relation between any
subcontractor and AHCDD.
Withholding for damages. AHCDD may withhold, or cause to be withheld, from any monies
payable for acceptable work performed by the contractor or subcontractor, damages caused by
the contractor or subcontractor, or other claims against the contractor or subcontract such sums
as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor.
Hold Harmless. It is understood and agreed that contractor shall be deemed and considered an
independent contractor in respect to the work covered by this Agreement, and shall assume all
risk and responsibility for casualties of every description in connection with the work which can be
attributed either directly or indirectly to the contractor. Contractor itself, its successors, assigns,
heir, executors and administrators, agrees to indemnify, defend and save harmless the Owner,
Grant Recipient and AHCDD, all its officers and subordinates:
A. from all suits and actions of every nature brought against the Owner and AHCDD or any of
them for or on account of any damage or loss sustained by the Owner and AHCDD, and does
agree to pay any and all such damages including costs of litigation and counsel fees whether
defended by Owner, AHCDD or contractor; and
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AHCDD Form 403
(Rev. 05/07)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
SUPPLEMENTAL CONDITIONS
Project #:
COBG #2009R
B. if the contractor is required to enter premises owned, leased, occupied by or under the control
of the Grant Recipient during the performance of this contract, the contractor shall indemnify
and hold harmless both the Grant Recipient and AHCDD, its officers and employees, from any
loss, cost, damage expense or liability by reason of property damage, or personal injury,
including death, of whatsoever nature or kind arising out of as a result of such performance,
whether arising out of actions of the contractor or any of its employees, subcontractor, and
lower tier subcontractors. It is not the intention of this contract or anything herein provided to
confer a third party beneficiary right or action upon any person whatsoever and nothing herein
before or herein after set forth shall be construed so as to confer upon any person other than
the Grant Recipient and AHCDD a right of action either under this contractor or in any manner
whatsoever.
Taxes, Industrial Laws and Benefits. In all matters relating to this contract, the contractor shall
be acting as an independent contractor. Neither the contractor nor any of the persons furnishing
materials or performing work or services which are required by this contract are employees of
AHCDD within the meaning of or the application of any federal, or state unemployment insurance
law, or other social security, or any workmen's compensation, industrial accident law, or other
industrial or labor laws. At its own expense, the contractor shall comply with such laws and
assume all obligations imposed by anyone or more of such laws with respect to this contract. In
addition, contractor shall be liable for the payment of all federal, state and local taxes, and any
special assessments.
9. No Waiver of Conditions. Failure of AHCDD to insist on strict performance shall not constitute a
waiver of any of the provisions of this contract or waiver of any default of the contractor.
10. Severability. If any provision of this contract, or any application thereof to any person or
circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this
contract which can be given effect without the invalid provisions or application, and to this end the
provisions of this contract are severable.
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ADDITIONAL SUPPLEMENTAL CONDITIONS
Project #:
CDBG
#2009R
. SECTION 3 COMPLIANCE:
1. Employment, Training, and Contracting Opportunities for Low-Income Persons, Section 3
of the Housing and Urban Development Act of 1968.
The work to be performed under this contract is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities generated by HUD-
assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-
and very low-income persons, particularly persons who are recipients of HUD assistance for
housing.
2. Employment Opportunities Generated By Section 3 Covered Assistance.
All employment opportunities generated by the expenditure of Section 3 covered public and Indian
housing assistance (i.e., operating assistance, development assistance and modernization
assistance, as described in Section 135.3(a)(1)). With respect to Section 3 covered housing and
community development assistance, this term means all employment opportunities arising in
connection with Section 3 covered projects (as described in Section 135.3(a)(2)), including
management and administrative jobs connected with the Section 3 covered project. Management
and administrative jobs include 'architectural, engineering or related professional services required
to prepare plans, drawings, specifications, or work write-ups; and jobs directly related to
administrative support of these activities, e.g., construction manager, relocation specialist, payroll
clerk, etc.
3. Definitions:
A. Section 3 resident means:
(1) A public housing resident; or
(2) An individual who resides in the metropolitan area or non-metropolitan county in which the
Section 3 covered assistance is expended, and who is:
(a) A low-income person, as this term is defined in Section 3(b)(2) of the 1937 Act (42
U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean
families (including single persons) whose incomes do not exceed 80% of the median
income for the area, as determined by the Secretary, with adjustments for smaller
and larger families, except that the Secretary may establish income ceilings higher or
lower than 80% of the median for the area on the basis of the Secretary's findings
that such variations are necessary because of prevailing levels of construction costs
or unusually high or low-income families; or
(b) A very low-income person, as this term is defined in Section 3(b)(2) of the 1937 Act
(42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C: 1437a(b)(2))
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AHCDD Form 404 DEVELOPMENT DEPARTMENT
(Rev 12/08) CDBG
ADDITIONAL SUPPLEMENTAL CONDITIONS #2009R
defines this term to mean families (including single persons) whose incomes do not
exceed 50% of the median family income for the area, as determined by the
Secretary with adjustments for smaller and larger families, except that the Secretary
may establish income ceilings higher or lower than 50% of the median for the area on
the basis of the Secretary's findings that such variations are necessary because of
unusually high or low family incomes.
(c) A person seeking the training and employment preference provided by Section 3
bears the responsibility of providing evidence, if requested, that he/she is eligible for
the preference. Section 8 assistance means assistance provided under Section 8 of
the 1937 Act (42 U.S.C. 1437f) pursuant to 24 CFR part 882, subpart G.
B. Section 3 business concern means a business concern, as defined in this Section:
(1) That is 51 percent or more owned by Section 3 residents; or
(2) Whose permanent, full-time employees include persons, at least 30 percent of whom are
currently Section 3 residents, or within three years of the date of first employment with the
business concern were Section 3 residents; or
(3) That 'provides evidence of a commitment to subcontract in excess of 25 percent of the
dollar award of all subcontracts to be awarded to business concerns that meet the
qualifications set forth in paragraphs (1) or (2) in this definition of "Section 3 business
concern."
C. Subcontractor means any entity (other than a person who is an employee of the contractor)
which has a contract with a contractor to undertake a portion of the contractor's obligation for
the performance of work generated by the expenditure of Section 3 covered assistance, or
arising in connection with a Section 3 covered project.
D. Section 3 clause means the contract provisions set forth in Sec. 135.'38.
E. Section 3 covered activity means any activity that is funded by Section 3 covered assistance
public and Indian housing assistance.
The Owner has the responsibility to comply with Section 3 in its own operations, and ensure
compliance in the operations of its contractors and subcontractors. This responsibility includes but
may not be necessarily limited to:
A. Implementing procedures designed to notify Section 3 residents about training and
employment opportunities generated by Section 3 covered assistance and Section 3 business
concerns about contracting opportunities generated by Section 3 covered assistance;
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ADDITIONAL SUPPLEMENTAL CONDITIONS
Project #:
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#2009R
B. Notifying potential contractors for Section 3 covered projects of the requirements of this
part, and incorporating the Section 3 clause in all solicitations and contracts;
C. Facilitating the training and employment of Section 3 residents and the award of contracts
to Section 3 business concerns by undertaking activities to reach the goals set forth in Section
135.30;
D. Assisting in obtaining the compliance of contractors and subcontractors with the requirements
of this part, and refraining from entering into any contract with any contractor where the Owner
has notice or knowledge that the contractor has been found in violation of the regulations in 24
CFR part 135; and
E. Documenting actions taken to comply with the requirements of this part, the results of actions
taken and impediments, if any.
5. Employment and Contracting with Residents, Resident-owned Businesses, Small and
Other Businesses.
A. General. The Owner strongly supports a policy of contracting and providing employment
opportunities with residents and resident-owned businesses. Accordingly, agencies are
strongly encouraged to contract with residents and resident-owned businesses whenever
possible.
B. Section 3 of the HUD Act of 1968.
(1) This law requires that the Owner make an effort to ensure that individuals or firms located
in or owned in substantial part by persons residing in the area of a project are used when
possible. The regulations describing this program are in 24 CFR Part 135 and the contract
form includes a clause implementing this requirement.
(2) Employment and training opportunities for pre-apprentices, apprentices and other training
programs for residents will assist Owner in meeting resident employment, training, and
local contracting objectives under Section 3. Further guidance is provided in Federal
Register Notice, dated October 6, 1992 and HUD Notice 92-01-SL (See Appendix 32).
(3) HUD Handbook 8023.1, Implementing Section 3 of the Housing and Urban Development
Act of 1966 provides guidance regarding compliance with Section 3. Some of the important
provisions include but are not limited to the following:
(a) Solicitations, regardless of the method, must advise prospective contractors of the
Section 3 requirements.
(b) The Section 3 contract clause must be included in all covered contracts.
(c) Owner and its contractors must make a good faith effort to provide, to the greatest
extent feasible, training and employment to lower income residents of the unit of local
government in connection with the work on an assisted project. In filling vacancies,
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ADDITIONAL SUPPLEMENTAL CONDITIONS
Project #:
COBG
#2009R
Owner and its contractors may prominently post notices at the project site and in the
Owner Office and may contact resident councils and resident management
corporations, in addition to their other recruitment efforts, to meet the requirements of
Section 3.
(d) Owner and its contractors must make a good faith effort to award contracts, to the
greatest extent feasible, to businesses located in or owned in substantial part by
persons residing in the City of Augusta. In meeting this requirement
(e) Owner should consider use of the alternative procurement procedures at 24 CFR Part
963. See paragraph 6 below.
Contractors must make a good faith effort to award subcontracts to businesses
located in the City of Augusta or substantially owned by persons residing in the City of
Augusta.
(f)
6. Resident-Owned Business.
A. HUD issued a final rule at 24 CFR Part 963 which allows Owner to use an alternative
procurement process when contracting with businesses owned in substantial part by residents
(resident-owned businesses) for public housing services, supplies, or construction. As stated
in paragraph 5, HUD strongly encourages Owner to contract with resident businesses to the
maximum extent feasible. This has been a proven strategy for moving low-income persons out
of poverty and dependency. The alternative procurement process is based on the established
procurement procedures and requirements set forth in HUD regulations at 24 CFR 85.36, but
limits solicitation to resident-owned businesses. The purpose of this rule is to enhance the
economic opportunities available to residents by facilitating the award of Owner contracts to
resident-owned businesses that are capable of performing successfully under a proposed
Owner contract at a reasonable price.
B. The alternative procurement process under 24 CFR 963 is as follows:
(1) Owner prepares an independent cost estimate for the procurement.
(2) Owner selects the appropriate method of procurement (small purchase, sealed bidding,
competitive proposals, or noncompetitive proposals).
(3) Owner solicits a quotation or offer from one or more resident-owned business.
(4) Owner receives bids from one or more resident-owned business and ensures that:
(a) the bidders have submitted the required certification regarding previous contracts
received under the alternative procurement process; and
(b) the total amount of such previous contracts is less than $500,000.
(c) Owner performs a cost or price analysis of the bids received and determines the price
that would normally be paid for comparable supplies, services, or construction in the
project area.
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AUGUSTA HOUSING AND COMMUNITY
DEVELOPMENT DEPARTMENT
ADDITIONAL SUPPLEMENTAL CONDITIONS
CDBG
#2009R
Project #:
(5) Owner awards the contract to the most advantageous bidder, consistent with the
evaluation factors stated in the solicitation, provided that the price does not exceed the
independent cost estimate and the price that would normally be paid for comparable
supplies, services, or construction in the project area.
(6) Owner documents the procurement file and complies with all other applicable procurement
requirements of 24 CFR 85.36 or 24 CFR 905.
Requirements of Bidders. All contractors must comply with Section 3. A bidder claiming a
Section 3 preference must qualify as a Section 3 Business Concern or a Resident-owned
Business. The bidder must submit the Section 3 Business Concern Certification with the bid to
qualify. Additionally, each contractor must, to the greatest extent feasible, hire a Section 3 eligible
resident when a new hire possibility occurs.
Eligibility for preference. A Section 3 resident seeking the preference in training and
employment provided by this part shall certify, or submit evidence to the owner contractor or
subcontractor, if requested, that the person is a Section 3 resident, as defined in Section 135.5.
(An example of evidence of eligibility for the preference is evidence of receipt of public assistance,
or evidence of participation in a public assistance program.)
9. Eligibility for employment. Nothing in this part shall be construed to require the employment of a
Section 3 resident who does not meet the qualifications of the position to be filled.
10. Preference in the award of Section 3 covered contracts. Preference in the award of Section 3
covered contracts that are awarded under a sealed bid process may be provided as follows:
A. Bids shall be solicited from all businesses (Section 3 business concerns, and non-Section 3
business concerns). An award shall be made to the qualified Section 3 business concern with
the highest priority ranking and with the lowest responsive bid if that bid:
(1) Is within the maximum total contract price established in the contracting party's budget for
the specific project for which bids are being taken: and
(2) Is not more than "X" higher than the total bid price of the lowest responsive bid from any
responsible bidder. "X" is determined as follows:
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AUGUSTA HOUSING AND COMMUNITY
DEVELOPMENT DEPARTMENT
ADDITIONAL SUPPLEMENTAL CONDITIONS
Project #:
CDBG
#2009R
(3)
X = Lesser of:
When the lowest responsive bid is less than $100,000. 10% of that bid or $9,000.
When the lowest responsive bid is:
At least $100,000, but less than $200,000 9% of that bid, or $16,000
At least $200,000, but less than $300,000 8% of that bid, or $21,000
At least $300,000, but less than $400,000 7% of that bid, or $24,000
At least $400,000, but less that $500,000 6% of that bid, or $25,000
At least $500,000, but less than $1 million 5% of that bid, or $40,000
At least $1 million, but less than $2 million 4% of that bid, or $60,000
At least $2 million, but less than $4 million 3% of that bid, or $80,000
At least $4 million, but less than $7 million 2% of that bid, or $105,000
$7 million or more 1 1/2% of the lowest responsive bid with no dollar limit
B. If no responsive bid by a Section 3 business concern meets the requirements of paragraph A.
(1) of this Section, the contract shall be awarded to a responsible bidder with the lowest
responsive bid.
. IMMIGRATION REFORM AND CONTROL ACT OF 1986 COMPLIANCE
The law seeks to preserve jobs for those who are legally entitled to them: American citizens and
aliens who are authorized to work in the United States. The law prohibits employers from knowingly
hiring, recruiting, or referring for a fee, any alien who is unauthorized to work. As a result of this law,
all employers are required to verify both the identity and employment eligibility of all regular,
temporary, casual, and student employees hired after November 6, 1986, and complete and retain a
one-page form (1-9) documenting this verification. Failure to comply with these requirements may
result in both civil and criminal liability with the imposition of substantial fines ranging from $100.00 to
$1,000.00 per hire, as well as possible imprisonment for a pattern or practice of noncompliance.
. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006 COMPLIANCE
(O.C.G.A. S 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02)
The law requires employers to register and participate in the federal work authorization program to
verify information of all new employees.
It further prohibits public employers from entering into a contract for the physical performance of
services within Georgia unless the contractor registers and participates in the federal work
authorization program to verify information of all new employees and prohibits contractors and
subcontractors from entering into contracts and subcontracts unless they register and participate in
the same program.
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DEVELOPMENT DEPARTMENT
ADDITIONAL SUPPLEMENTAL CONDITIONS
Project #:
COBG
#2009R
In accordance with O.C.GA. 13-10-91, the requirements of the law apply to public employers, their
contractors and subcontractors, as follows:
1. On or after July 1, 2007, to public employers, contractors, or subcontractors of 500 or more
employees;
2. On or after July 1, 2008, to public employers, contractors, or subcontractors of 100 or more
employees; and
3. On or after July 1, 2009, to all other public employers, their contractors, or subcontractors.
Definitions:
a. "Federal Work Authorization Program" - Any of the electronic verification of work
authorization programs operated by the United States Department of Homeland
Security (USDHS) or any equivalent federal work authorization program operated by the
United States Department of Homeland Security to verify information of newly hired
employees, pursuant to the Immigration Reform and Control Act of 1986 (I RCA) , P.L.
99-603.
b. "Public Employer" - Every department, agency, or instrumentality of the state or a
political subdivision of the state.
c. "Subcontractor" includes a subcontractor, contract employee, staffing agency or any
contractor regardless of its tier.
d. "Georgia Security and Immigration Compliance Act" of 2006 - Senate Bill 529 of the
2006 Georgia General Assembly, enacted as Act 457.
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AHCDD Form 406
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
CONTRACTOR REPORTING REQUIREMENTS
Project #:
CDBG #2009R
There are a variety of information submittals, form processing and report generation efforts required
to award the contract and throughout the course of administering this contract. This part is intended
to provide the potential bidder with a brief but thorough list of these requirements. You may request
copies of reporting and documentation forms from the Owner's Augusta Housing & Community
Development Department (AHCDD) during the bidding process by calling the AHCDD office at (706)
821-1797. Owner's AHCDD reserves the right to revise the reporting and documentation
requirements at any time.
Assurance of Completion.
A. The successful bidder shall furnish an assurance of completion prior to the execution of any
contract. The form of assurance of completion, as defined in Instruction to Bidders, is required
to be submitted five (5) days prior to the scheduled pre-construction conference. Bonds must
be obtained from guarantee or surety companies acceptable to the U.S. Government and
authorized to do business in the State of Georgia. Individual sureties will not be considered.
B. Each bond shall clearly state the rate of premium and the total amount of premium charged.
The current power of attorney for the person who signs for the surety company must be
attached to the bond. The effective date of the power of attorney shall not precede the date of
the bond. The effective date of the bond shall be on or after the execution date of the contract.
C. Failure by the successful bidder to obtain the required assurance of completion within the time
specified, or within such extended period as Owner's AHCDD may grant based upon reasons
determined adequate by Owner's AHCDD, shall render the bidder ineligible for award. Owner's
AHCDD may then either award the contract to the next lowest responsible bidder or solicit new
bids. Owner's AHCDO mCiY retain the ineligible bidder's bid guarantee.
2. Pre-construction Conference. Prior to the award of a contract under this solicitation and prior to
the start of work, the successful bidder will be required to attend a pre-construction conference
with representatives of the Grant Recipient, Owner's AHCDD and its architecUengineer, and other
interested parties convened by Owner's AHCDD. The conference will serve to acquaint the
participants with the general plan of the construction operation and all other requirements of the
contract (e.g., Section 3, Equal Employment Opportunity, Labor Standards). Owner's AHCDD will
provide the successful bidder with the date, time, and place of the conference. The Contract shall
be executed within 3 days following the completion of the Pre-construction Conference.
3. Certificates of Insurance.
A. In accordance with the General Conditions, shall be submitted five (5) days prior to the
scheduled pre-construction conference. The Owner and the Grant Recipient are to be added
as an additionally named insured to the Contractor's Comprehensive General Liability and
Automobile Liability Coverage. The amount required is not less than $1,000,000.00 per
occurrence for General Liability and $5.00,000.00 for Automobile Liability.
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CONTRACTOR REPORTING REQUIREMENTS
Project #:
CDBG #2009R
B. Additionally, before commencing work, the Contractor shall furnish Owner's AHCDO with a
certificate of insurance evidencing that Builder's Risk (fire and extended coverage) Insurance
on all work in place and/or materials stored at the building site(s), including foundations and
building equipment, is in force. The Builder's Risk Insurance shall be for the benefit of the
Contractor, Owner and Grant Recipient as their interests may appear and each shall be named
in the policy or policies as an insured. The Contractor in installing equipment supplied by the
Grant Recipient shall carry insurance on such equipment from the time the Contractor takes
possession thereof until the Contract work is accepted by the Owner's AHCDD. The Builder's
Risk Insurance need not be carried on excavations, piers, footings, or foundations until such
time as work on the super-structure is started. It need not be carried on landscape work.
Policies shall furnish coverage at all times for the full cash value of all completed construction,
as well as materials in place and/or stored at the site(s), whether or not partial payment has
been made by Owner's AHCOD. The Contractor may terminate this insurance on buildings as
of the date taken over for occupancy by the Grant Recipient. The Contractor is not required to
carry Builder's Risk Insurance for modernization work that does not involve structural
alterations or additions and where the Grant Recipient's existing fire and extended coverage
policy can be endorsed to include such work.
C. All insurance shall be carried with companies that are financially responsible and admitted to
do business in the State of Georgia. If any such insurance is due to expire during the
construction period, the Contractor (including subcontractors) shall not permit the coverage to
. lapse and shall furnish evidence of coverage to Owner's AHCOD. All certificates of insurance,
as evidence of coverage, shall provide that no coverage may be canceled or non-renewed by
the insurance company until at least 30 days prior written notice has been given to Owner's
AHCDD.
D. Certificates of the Contractor's Insurance shall be filed with Owner's AHCDO and shall be
subject to their approval for adequacy of protection. These certificates shall contain a provision
that coverage afforded under the policies will not be canceled without a minimum of thirty- (30)
days prior written notice to the Augusta Housing & Community Oevelopment Department.
4. Construction Progress Schedule.
A. A Construction Progress Schedule shall be submitted five (5) days prior to the scheduled pre-
construction conference. The Contractor shall submit for approval three copies of a
practicable schedule showing the order in which the Contractor proposes to perform the work,
and the dates on which the Contractor contemplates starting and completing the several
salient features of the work (including acquiring labor, materials, and equipment). The
schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the
percentage of work scheduled for completion by any given date during the period. If the
Contractor fails to submit a schedule within the time prescribed, Owner's AHCDO may withhold
approval of progress payments or take other remedies under the contract until the Contractor
submits the required schedule.
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
CONTRACTOR REPORTING REQUIREMENTS
Project #:
CDBG #2009R
B. The Contractor shall enter the actual progress on the chart as required by Owner's AHCDD,
and immediately deliver three copies of the annotated schedule to Owner's AHCDD. If Owner's
AHCDD, upon the basis of inspection conducted according to the General Condition clause
entitled "Inspection and Acceptance of Construction," determines that the Contractor is not
meeting the approved schedule, the Contractor shall take steps necessary to improve its
progress, including those that may be required by Owner's AHCDD, without additional cost to
the Owner's AHCDD. In this circumstance, Owner's AHCDD may require the Contractor to
increase the number of shifts, overtime operations, days of work, and/or the amount of
construction plant, and to submit for approval any supplementary schedule or schedules in
chart form as Owner's AHCDD deems necessary to demonstrate how the approved rate of
progress will be regained.
C. Failure of the Contractor to comply with the requirements of Owner's AHCDD under this clause
shall be grounds for a determination by Owner's AHCDD that the Contractor is not prosecuting
the work with sufficient diligence to ensure completion within the time specified in the Contract.
Upon making this determination, Owner's AHCDD may terminate the Contractor's right to
proceed with the work, or any separable part of it, in accordance with the "Default" clause of
this contract.
5. Contractor's own forces work equivalent.
The Contractor shall perform on the site, and with its own forces work equivalent to at least 12%
of the total amount of work to be performed under the contract. Five (5) days prior to the
scheduled pre-construction conference, the Contractor shall submit a certification explaining how
the Contractor will perform at least 12% of the total amount of work.
6. Contractor's obligation to directly superintend the work.
At all times during performance of this contract and until the work is completed and accepted, the
Contractor shall directly superintend the work or assign and have on the work site a competent
superintendent who is satisfactory to Owner's AHCDD and has authority to act for the Contractor.
Five (5) days prior to the scheduled pre-construction conference, the Contractor shall submit the
following information for approval by Owner's AHCDD:
A. Superintendent's Name
B. Superintendent's Work History
C. Superintendent's Education
Schedule of Amounts for Contract Payments. Five (5) days prior to the scheduled pre-
construction conference, the Contractor shall submit a completed and executed Schedule of
Amounts for Contract Payments. This form is only required to be completed once; thereafter, a
copy shall accompany each Pay Request.
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CONTRACTOR REPORTING REQUIREMENTS
Project #:
COBG #2009R
The Contractor is advised of the following Reporting and Administrative requirements required
during the course of construction activities:
1. Labor Provision Requirements:
A. The Contractor is required to submit weekly Certified Payroll Form WH-347 for the General
Contractor and each Subcontractor.
B. The Contractor is required to post in a conspicuous place the Secretary of Labor's Wage
. Poster and Wage Determination.
C. The Contractor is required to report in writing worker disputes that the Contractor cannot
resolve informally.
2. Contract Progress Payments:
A. Schedule of Amounts for Contract Payments. A copy of the Schedule of Amounts for
Contract Payments previously approved by Owner's AHCDD and/or the Owner's AHCDD
architect. .
B. Pay Request. Required to be completed and submitted for each Pay Request. Only one copy
with original signatures need be submitted.
3. Change Order.
Required to be completed and submitted with the Pay Request only if there have been any
approved change orders issued on the project.
4. Schedule of Materials Stored.
Required to be completed and submitted with Pay Request only if the Contractor wishes to be
paid for inventory purchased prior to that inventory being incorporated into the work. Supporting
invoices must accompany any Stored Materials Request. The Owner's AHCDD Rehabilitation
Inspector will inspect the facility where the materials are stored to verify their existence. Each
Subcontractor requesting payment for materials stored must also complete this form.
5. Summary of Materials Stored.
Required to be completed and submitted with each Pay Request, which has a. completed
"Schedule of Materials Stored".
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CONTRACTOR REPORTING REQUIREMENTS
Project #:
COBG #2009R
6. Construction Progress Schedule.
The Contractor shall enter the actual progress on the chart as compared to the originally
submitted and approved schedule showing the order in which the Contractor proposes to perform
the work, and the dates on which the Contractor contemplates starting and completing the several
salient features of the work (including acquiring labor, materials, and equipment).
7. Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income
Persons, form HUD-60002.
The Contractor is required to submit report form HUD-60002, Section 3 Summary Report,
Economic Opportunities for Low- and Very Low-Income Persons, with each request for contract
payments. Please note that this is the same report used by Owner's AHCDD to report annual
accomplishments regarding employment and other economic opportunities provided to low- and
very low-income persons under Section 3 of the Housing and Urban Development Act of 1968.
8. Shop Drawings and Test Results.
A. "Shop drawings" means drawings, submitted to Owner's AHCDD or its architect by the
Contractor, subcontractor, or any lower tier subcontractor, showing in detail (1) the proposed
fabrication and assembly of structural elements and (2) the installation (i.e., form, fit, and
attachment details) of materials of equipment. It includes drawings, diagrams, layouts,
schematics, descriptive literature, illustrations, schedules, performance and test data, and
similar materials furnished by the Contractor to explain in detail specific portions of the work
required by the contract. Owner's AHCDD may duplicate, use, and disclose in any manner and
for any purpose shop drawings delivered under this contract.
B. The Contract shall submit shop drawings and test results at least 15 days before the
scheduled installation or work concerning the shop drawing or test results. The Contractor
shall coordinate all such drawings, and review them for accuracy, completeness, and
compliance with other contract requirements and shall indicate its approval thereon as
evidence of such coordination and review. Shop drawings submitted to Owner's AHCDD
without evidence of the Contractor's approval may be returned for resubmission. Owner's
AHCDD will indicate an approval or disapproval of the shop drawings and if not approved as
submitted shall indicate Owner's AHCDD's reasons therefor. Any work done before such
approval shall be at the Contractor's risk. Approval by Owner's AHCDD shall not relieve the
Contractor from responsibility for any errors or omissions in such drawings, nor from
responsibility for complying with the requirements of this contract.
C. The Contractor shall submit to Owner's AHCDD for approval four copies (unless otherwise
indicated) of all shop drawings as called for under the various headings of these specifications.
Three sets (unless otherwise indicated) of all shop drawings, will be retained by Owner's
AHCDD and one set will be returned to the Contractor. As required by Owner's AHCDD, the
Contractor, upon completing the work under this contract, shall furnish a complete set of all
shop drawings as finally approved. These drawings shall show all.changes and revisions made
up to the time the work is completed and accepted.
Page 406-5
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
CONTRACTOR REPORTING REQUIREMENTS
Project #:
COBG #2009R
D. This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the
Contractor to ensure that all shop drawings prepared by subcontractors are submitted to
Owner's AHCDD.
E. Failure of the Contractor to comply with the requirements of Owner's AHCDD under this clause
shall be grounds for a determination by Owner's AHCDD that the Contractor is not in
compliance with the Contract. Upon making this determination, Owner's AHCDD may
terminate the Contractor's right to proceed with the work, or any separable part of it, in
accordance with the "Default" clause of this contract.
9. As-Built Drawings.
A. "As-built drawings," as used in this clause, means drawings submitted by the Contractor or
subcontractor at any tier to show the construction of a particular structure or work as actually
completed under the contract. "As-built drawings" shall be synonymous with "Record
drawings." As required by Owner's AHCDD, the Contractor shall provide Owner's AHCDD
accurate information to be used in the preparation of permanent as-built drawings. For this
purpose, the Contractor shall record on one set of contract drawings all changes from the
installations originally indicated, and record final locations of underground lines by depth from
finish grade and by accurate horizontal qffset distances to permanent surface improvements
such as buildings, curbs, or edges of walks.
B. This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the
_ Contractor to ensure that all as..built drawings prepared by subcontractors are submitted to
Owner's AHCDD.
C. Failure of the Contractor to comply with the requirements of Owner's AHCDD under this clause
shall be grounds for a determination by Owner's AHCDO that the Contractor is not in
compliance with the Contract. This will result in Owner's AHCDD withholding from the
Contractor's final payment and/or retention an amount of money sufficient to gather and/or
reproduce the accurate information necessary to be used in the preparation of permanent as-
built drawings.
Page 406-6
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110. Approval of equipment and materials.
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AHCDD Form 406
(Rev. 05/07)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
CONTRACTOR REPORTING REQUIREMENTS
Project #:
COBG #2009R
A. The Contractor shall obtain Owner's AHCDD approval of the machinery and mechanical and
other equipment to be incorporated into the work. When requesting approval, the Contractor
shall furnish to Owner's AHCDO the name of the manufacturer, the model number, and other
information concerning the performance, capacity, nature, and rating of the machinery and
mechanical and other equipment. When required by this contract or by Owner's AHCDD, the
Contractor shall also obtain Owner's AHCDD approval of the material or articles, which the
Contractor contemplates incorporating into the work. When requesting approval, the
Contractor shall provide full information concerning the material or articles. Machinery,
equipment, material, and articles that do not have the required approval shall be installed or
used at the risk of subsequent rejection.
B. When required by the specifications or AHCDD, the Contractor shall submit appropriately
marked samples (and certificates related to them) for approval at the Contractor's expense,
with all shipping charges pre-paid. The Contractor shall label, or otherwise properly mark on
the container, the material or product represented, its place of origin, the name of the
producer, the Contractor's name, and the identification of the construction project for which the
material or product is intended to be used.
C. Certificates shall be submitted in triplicate, describing each sample submitted for approval and
certifying that the material, equipment or accessory complies with c.ontract requirements. The
certificates shall include the name and brand of the product, name of manufacturer, and the
location where produced.
D. Approval of a sample shall not constitute a waiver of AHCDO right to demand full compliance
with contract requirements. Materials, equipment and accessories may be rejected for cause
even though samples have been approved.
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111. Use and Possession Prior to Completion. The Grant Recipient shall have the right to take
possession of or use any completed or partially completed part of the work. The request for Use
and Possession Prior to Completion shall be made by the Grant Recipient in writing to AHCDD.
Before taking possession of or using any work, AHCDD shall furnish the Contractor a list of items
of work remaining to be performed or corrected on those portions of the work that the Grant
Recipient intends to take possession of or use. However, failure of the Grant Recipient to list any
item of work shall not relieve the Contractor of responsibility for complying with the terms of the
contract. The Grant Recipient's possession or use shall not be deemed an acceptance of any
work under the contract. While the Grant Recipient has such possession or use, the Contractor
shall be relieved of the responsibility for (1) the loss of or damage to the work resulting from the
Grant Recipient's possession or use, notwithstanding the terms of the clause entitled "Permits
and Codes" herein; (2) all maintenance costs on the areas occupied; and, (3) furnishing heat,
light, power, and water used in the areas occupied without proper remuneration therefor. If prior
possession or use by the Grant Recipient delays the progress of the work or causes additional
expense to the Contractor, AHCDO shall make an equitable adjustment in the contract price or the
time of completion, and the contract shall be modified in writing accordingly.
Page 406-7
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
CONTRACTOR REPORTING REQUIREMENTS
Project #:
COBG #2009R
Contract Close-out Reporting Requirements
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After the Contractor has completed all the items noted on the AHCDD inspection punch list, the
Contractor may submit closing documents to AHCDD. Closing documents shall consist of the
following:
1. The Contractor shall notify AHCDD, in writing, as to the date when in its opinion all or a
designated portion of the work will be substantially completed and ready for inspection. If the state
of preparedness is as represented, AHCDD will promptly arrange for the inspection.
2. Final Pay Request marked "FINAL" with all associated payment forms as explained above.
3. One original of the executed Final Waiver of Lien for the Contractor for each subcontractor and
all material suppliers.
4. Certificate of Occupancy, if required.
Any special warranty or guarantees required by the Technical Specifications. At a minimum, the
Contractor is required to provide a one-year workmanship warranty, in accordance with General
Conditions. This warranty may be in the form of a letter on company stationery, signed by an
authorized individual establishing the coverage period and the method of notification for covered
repairs. Other special equipment warranties shall be from the manufacturer.
Accurate and complete information to be used in the preparation of permanent as-built drawings.
For this purpose, the Contractor shall record on one set of contract drawings all changes from the
installations originally indicated, and record final locations of underground lines by depth from
finish grade and by accurate horizontal offset distances to permanent surface improvements such
as buildings, curbs, or edges of walks.
Page 406-8
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NOTICE TO PROCEED
TO: Mr. Bill McGhee
Sitec, LLC
217 Fairfield St., NE
Aiken, SC 29801
PROJECT #: 2009R
PROJECT DESCRIPTION: Provide materials and labor to install fencing enclosing
the Enclave Townhouse apartments.
You are hereby notified to commence work in accordance with the Agreement dated
Julv 15. 2009, on or before October 30. 2009, and you are to complete the work within
120 consecutive calendar days thereafter. The date of completion of all work is
therefore, February 27.2010.
AUGUSTA HOUSLNG & COMMUNITY
DEVELOPMENT DEPARTMENT
BY:
Chester A Wheeler, III
ACCEPTANCE OF NOTICE:
Receipt of the above Notice to
Proceed is hereby acknowledged
on this the 20th day of October 2009.
BY:
Bill McGhee, President
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AHCDD Form 410
(Rev. 02/05)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
PRE-CONSTRUCTION MEETING AGENDA
Project #:
COBG #2009R
MEETING ATTENDANCE
Date:
Time:
Location:
Project:
(PLEASE PRINT Information Below)
NAME COMPANYIDEPT. POSITION PHONE FAX
(Please Print Clearly) (Please Print Clearly) (Please Print Clearly) (Include Area (Include Area
Code) Code)
Page 410-1
AHCDO Form 410
(Rev. 02/05)
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
PRE-CONSTRUCTION MEETING AGENDA
Project #:
COBG #2009R
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Introductions
A. Contractor:
1. Subcontractor(s):
2. Supplier(s):
B. Architect:
1. Project Manager:
2. Consultants:
C. Grant Recipient Representative:
D. Augusta Housing & Community
Development Department:
1 . Project Leader:
2. Inspector:
3. Compliance:
4. Administrative:
Page 410-2
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AHCDD Form 410
(Rev. 02/05)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
PRE-CONSTRUCTION MEETING AGENDA
Project #:
COBG #2009R
I II.
Responsibilities
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A. Contractor
1. Progress schedule
2. Permits
3. Insurance
a. Certificate to Housing & Community Development Department
b. Builders' Risk
4. Sub-contractors and major suppliers
a. List
b. Responsibilities
5. Cost breakdown for partial payments
6. Certified payrolls
7. Superintendent:
8. After hours phone number:
9. Shop drawings
10. Safety issues
11. Dig safe
B. Architect:
1. Agent for Housing & Community Development Department and Owner
2. Contract administration
3. Change order recommendation
4. Materials approval
5. Project Manager
a. Agent for Architect
b. Work inspection
c. DailylWeekly reports
d. Materials received/stored
e. Job records
f. Visitors
g. Field decisions
h. Payment and Retainage approval
Page 410-3
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AHCDD Form 410
(Rev. 02/05)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
PRE-CONSTRUCTION MEETING AGENDA
Project #:
COBG #2009R
C. Grant Recipient
1. Job approval authority
2. Communicate through Housing & Community Development Department
3. Work outside contract
a. In-house crews
b. Other construction
4. Payment and Retainage approval
5. Change order approval
6. Lead time items
a. Color approvals
b. Allowance items
c. Homeowner releases
C. Housing & Community Development Department
1. Overall job approval authority
2. Communicate through Architect
3. Payments and Retainage
4. Change order approval
5. Inspector
a. Agent for Housing & Community Development Department
b. Work inspection
c. I nspection reports
d. Materials received/stored approval
e. Field decisions
f. Payment and Retainage approval
Page 410-4
AHCDO Form 410
(Rev. 02/05)
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
PRE-CONSTRUCTION MEETING AGENDA
Project #:
COBG #2009R
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A. Special considerations
1 . Parking
2. Barricades
3. Utilities lines
4. Storage
5. Toilet facilities
6. Security
7. Location of job sign
8. Other requirements:
B. Property salvaged for Grant Recipient
C. Protection of property not involved with work
D. Temporary utilities
E. Material Safety Data Sheets for hazardous materials
A. Contractor
1. Work hours
2. Work days
3. Special needs
B. Grant Recipient
1. Conflicts with other Grant Recipient's activities
2. Other Owner issues
C. Coordination Process
Page 410-5
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AHCDD Form 410
(Rev. 02/05)
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
PRE-CONSTRUCTION MEETING AGENDA
Project #:
COBG #2009R
Miscellaneous
A. Monthly meeting
1. Date and time
2. Agenda
3. Special meetings
B. As built drawings and Owner's manuals
C. Review plans and specs (small jobs)
D. Special or unusual contract requirements
NOTE:
This Agenda Outline is of a general nature and is intended to identify issues which should
be addressed. The Agenda should be modified as required for a specific project.
Page 410-6
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AUGUSTA HOUSING & COMMUNITY
Form 411 DEVELOPMENT DEPARTMENT
Project #:
COBG #2009R
AFFIRMATIVE ACTION PLAN
(See Attachment)
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(, llC
Project No.: CDBG#2009R
Project Name: ANIC Enclaves Fencing Project
Location: Augusta, Georgia
AFFIRMATIVE ACTION PLAN
Eaual Employment Opportunity Policy
It is the policy of SITEC, LLC not to discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. This policy extends to all matters relating to
recruitment, hiring, promotion, transfer, or recruitment advertising, rates of pay and other forms of
compensation, and selection for training.
Furthermore, it is the policy of this company to cooperate to the fullest extent with the applicable
rules, regulations and orders issued pursuant to Executive Order 11246. It is intended that all officials
and employees of this company be informed of this statement of policy and that this policy shall be
applied to every phase of employee recruitment, including employment agencies, labor organizations
and advertising.
Coordination and Administration of Program
1. The company vice-president, or his designee, will serve in the capacity of Equal Employment
Opportunity Coordinator. He or she will be responsible for the overall administration of this
Affirmative Action Plan and will assist in EEO matters at the Branch Office and at project
construction sites.
2. Administration of this Plan at the project site will be the responsibility of the company's Project
Manager.
3. Management will check with each superintendent bi-weekly to ensure that this company's equal
employment opportunity obligations, policy, and plan are being implemented.
4. A copy of this affirmative action plan will be provided to each employee and posted on the
company's bulletin boards at the main office and all project sites.
III.
Recruitment and Employment Practice
1. We employ essentially two categories on entry level construction workers.
2. We secure our employees through referrals, walk-ins, and word of mouth.
3. We are a startup company and have the following minority employment goals.
4. Minority Employment Goals Next Twelve Months
Construction Worker I (869.664-014) 1
Construction Worker" (869.687-026) 2
Fence-Gate Setter (869-684-022) 2
5. Female Employment Goals Next Twelve Months
Construction Worker I (869.664-014) 0
Construction Worker" (869.687-026) 1
Fence-Gate Setter (869-684-022) 0
217 Fairfield St NE . Aiken, SC 29801
P: (803) 649-5665 . F: (803) 644-7082. sitec@bellsouth.net
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A.
We will notify community organizations in writing that we are an equal opportunity
employer and that we have employment opportunities available and will maintain
records of the organizations' responses. The following is a list of organizations that
will be notified:
1. Augusta Neighborhood Improvement Corporation
2. United Way of the CSRA
3. NAACP
B.
We will maintain a file of the names and addresses of each minority and female
applicant referred to us and note what action was taken with each such applicant.
If the applicant was not employed, the reason will be documented. Where
appropriate, applicant will be sent to union hiring hall for permit to work with our
company.
c.
We will promptly notify HUD when the union or unions with whom we have
collective bargaining agreement has not referred us a minority or female worker
sent by us or we have other information that the union referral process impedes us
in our efforts to meet our goals.
D.
We will make specific efforts to encourage present minority and female employees
to recruit their friends and relatives for positions we have available.
E.
The company's EEO Coordinator will periodically inventory and evaluate all minority
and female personnel in the laborer category for promotional opportunities and
encourage them to seek such opportunities where available.
F.
The company will make sure that all facilities and company activities are non-
segregated with the exception that separate or single-user toilet and necessary
changing facilities shall be provided to assure privacy between the sexes.
G.
The EEO coordinator will continually monitor all personnel activities to ensure that
the company's EEO policy is being carried out.
H.
We will solicit bids for subcontractors from available minority and female
subcontractors engaged in the trades for which we need subcontractors. Where
necessary and possible, we will offer assistance to those minority and female
subcontractors who bid or are awarded a subcontract with our company.
I.
We will notify each subcontractor of his respective EEO obligations and actively
cooperate with HUD in assuring compliance.
, ;-V1\
w~,tark~. tr. UWller
October In ..,nAb
2
I AUGUST A HOUSING & COMMUNITY
AHCDD Form 412 DEVELOPMENT DEPARTMENT Project #:
1
AFFIRMATIVE ACTION GOALS & TIMETABLE COBG #2009R
1
1 FRIDAY, APRIL 7, 1978
1 PART IV
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1 ~ DEPARTMENT OF
1 LABOR
-S
1 Office of Federal
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Contract Compliance
1 r I Programs
1 ca .
1 r I GOALS AND
~ TIMETABLES FOR
I ., , FEMALE AND MINORITY
1 ~ PARTICIPATION IN THE
CONSTRUCTION
1 INDUSTRY
1 Affirmative Action Requirements
1
1 Page 412-1
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AHCDD Form 412
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
AFFIRMATIVE ACTION GOALS & TIMETABLE
Project #:
COBG #2009R
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~ 60-4.2 Solicitations
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(d) The following notice shall be
included in, ~nd shall be part of, all
solicitations for offers and bids on all
Federal and federally assisted
construction contracts or subcontracts in
excess of $10,000 to be performed in
geographical areas designated by the
Director pursuant to 960-4.6 of this part
(see 41 CFR 60-4.2 (a)):
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NOTICE OF REQUIREMENT FOR
AFFIRMATIVE ACTION TO ENSURE EQUAL
EIMPLOYMENT OPPORTUNITY (EXECUTIVE
ORDER 11246)
1
1. The Offeror's or Bidder's attention is
called to the "Equal Opportunity Clause" and the
"Standard Federal Equal Employment
Opportunity Construction Contract
Specifications" set forth herein.
2. The goals and timetables for minority
and female participation, expressed in
percentage terms for the Contractor's aggregate
workforce in each trade on all construction work
in the covered area, are as follows:
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Appendix A
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The following goals timetables for
female utilization shall be included in
all Federal and federally assisted
construction contracts and
subcontracts in excess of $10,000.
The goals are applicable to the
contractor's aggregate onsite
construction workforce whether or not
part of that workforce is performing
work on a Federal or federally assisted
construction contract or subcontract.
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I Timetable Goals
1 4/1/78 to 3/31/79 3.1
4/1/78 - 3/31/80 5.0
4/1/80 - 3/31/81 6.9
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Goals for Women apply nationwide.
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RULES AND REGULATIONS
Appendix B
SEE CHANGES IN APPENDIX B.
PURSUANT TO OFCCP
REGULATIONS, 41 CFR PART 60-4
FOllOWING LAST PAGE OF THIS
REGULATION.
These goals are applicable to al the
Contractor's construction work (whether or not it is
Federal or federally assisted) performed in the
covered area.
The Contractor's compliance with the
Executive Order and the regulations in 41 CFR
Part 60-4 shall be based on its implementation of
the Equal Opportunity Clause, specific affirmative
action obligations required by the specifications
set forth in 41 CFR 60-4.3 (a), and its efforts to
meet the goals established for the geographical
area where the contract resulting from this
solicitation is to be performed. The hours of
minority and female employment and training
must be substantially uniform throughout the
length of the contract, and in each trade, and the
contractor shall make a good faith effort to employ
minorities and women evenly on each of its
projects. The transfer of minority or female
employees or trainees from Contractor to
Contractor or from project to project for the sole
purpose of meeting the Contractor's goals shall
be a vioiation of the contract, the Executive Order
and the regulations in 41 CFR Part 60-4.
Compliance with the goals will be measured
against the total work hours performed.
3. The Contractor shall provide written
notification to the Director of the Office of Federal
Contract Compliance Programs within 10 working
days of award of any construction subcontract in
excess of $10,000 at any tier for construction
work under the contract resulting from this
solicitation. The notification shall list the name,
address and telephone number of the
subcontractor; employer identification number;
estimated dollar amount of the subcontract;
estimated starting and completion' dates of the
subcontract; and the geographical area in which
the contract is to be performed.
4. As used in this Notice, and in the
contract resulting from this solicitation,
the "covered area" is within the city
limits or adjacent thereunto of
Augusta, Richmond County, Georgia.
~ 60-4.3 Equal opportunity clauses
(a) The equal opportunity clause published at 41
CFR 60-1.4(a) of this chapter is required to be
included in, and is part of, all nonexempt Federal
contracts and subcontracts, including construction
contracts and subcontracts. The equal opportunity
clause published at 41 CFR 60-1.4(b) is required
to be included in, and is a part of, all nonexempt
federally assisted construction contracts and
subcontracts. In addition to the clauses described
above, all Federal contracting officers, all
applicants and all nonconstruction contractors, as
applicable, shall include the specifications set
forth in this section in all Federal and federally
assisted construction contracts in excess of
$10,000 to be performed in geographical areas
designated by the Director pursuant to Sec. 60-
4.6 of this part and in construction subcontracts in
excess of $1 0,000 necessary in whole or in part to
the performance of non construction Federal
contracts and subcontracts covered under the
Executive order.
Standard Federal Equal Employment
Opportunity Construction Contract
Specifications (Executive Order 11246)
1. As used in these specifications:
a. "Covered area" means the geographical
area described in the solicitation from which this
contract resulted;
b. "Director" means Director, Office of Federal
Contract Compliance Programs, United States
Department of Labor, or any person to whom the
Director delegates authority;
c. "Employer identification number" means the
Federal Social Security number used on the
Employer's Quarterly Federal Tax Retum,
U.S. Treasury Department Form 941.
d. "Minority" includes:
(i) Black (all persons having origins in any of
the Black African racial groups not of Hispanic
origin);
(ii) Hispanic (all persons of Mexican, Puerto
Rican, Cuban, Central or South American or other
Spanish Culture or origin, regardless of race);
(i1i) Asian and Pacific Islander (all persons
having origins in any of the original peoples of the
Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all
persons having origins in any of the original
peoples of North America and maintaining
identifiable tribal affiliations through membership
and participation or community identification).
2. Whenever the Contractor, or any
Subcontractor at any tier,
subcontracts a portion of the work involving any
construction trade, it
shall physically include in each subcontract in
excess of $10,000 the
provisions of these specifications and the Notice
which contains the
applicable goals for minority and female
participation and which is set
forth in the solicitations from which this contract
resulted.
3. If the Contractor is participating (pursuant to 41
CFR 60-4.5) in
a Hometown Plan approved by the U.S.
Department of Labor in the covered area either
individualiy or through an association,. its
affirmative action obligations on ali work in the
Plan area (including goals and
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Page 412-2
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
AFFIRMATIVE ACTION GOALS & TIMETABLE
I
AHCDD Form 412
1
Project #:
1
timetables) shall be in accordance with that Plan
for those trades which have unions participating in
the Plan. Contractors must be able to
demonstrate their participation in and compliance
with the provisions of any such Hometown Plan.
Each Contractor or Subcontractor participating
in an approved Plan is individually required to
comply with its obligations under the EEO clause,
and to make a good faith effort to achieve each
goal under the Plan in each trade in which it has
employees. The overall good faith performance by
other Contractors or Subcontractors toward a goal
in an approved Plan does not excuse any covered
Contractor's or Subcontractor's failure to take
good faith efforts to achieve the Plan goals and
timetables.
4. The Contractor shall implement the specific
affirmative action standards provided in
paragraphs 7 a through p ofthese specifications.
The goals set forth in the solicitation from which
this contract resulted are expressed as
percentages of the total hours of employment
and training of minority and female utilization the
Contractor should reasonably be able to achieve
in each construction trade in which It has
employees in the covered area. Covered
Construction contractors performing construction
work in geographical areas where they do not
have a Federal or federally assisted constuction
contract shall apply the minority and female goals
established for the geographical area where the
work is being performed. Goals are published
periodically in the Federal Register in notice form,
and such notices may be obtained from any Office
of Federal Contract Compliance Programs office
or from Federal procurement contracting officers.
The Contractor is expected to make substantially
uniform progress in meeting its goals in each craft
during the period specified.
5. Neither the provisions of any collective
bargaining agreement, nor the failure by a union
with whom the Contractor has a collective
bargaining agreement, to refer either minorities or
women shall excuse the Contractor's obligations
under these specifications, Executive Order
11246, or the regulations promulgated pursuant
thereto.
6. In order for the nonworking training hours of
apprentices and trainees to be counted in meeting
the goals, such apprentices and trainees must be
employed by the Contractor during the training
period, and the Contractor must have made a
commitment to employ the apprentices and
trainees at the completion of their training, subject
to the availability of employment opportunities.
Trainees must be trained pursuant to training
programs approved by the U.S. Department of
Labor.
7. The Contractor shall take specific affirmative
actions to ensure equal employment opportunity.
The evaluation of the Contractor's compliance
with these specifications shall be based upon its
effort to achieve maximum results from its actions.
The Contractor shall document these efforts fully,
and shall implement affirmative action steps at
least as extensive as the following:
a. Ensure and maintain a working environment
free of harassment, intimidation, and coercion at
all sites, and in all facilities at which the
Contractor's employees are assigned to work. The
Contractor, where possible, will assign two or
more women to each construction project.
The Contractor shall specifically ensure that all
foremen, superintendents, and other on-site
supervisory personnel are aware of and carry out
the Contractor's obligation to maintain such a
working environment, with specific attention to
minority or female individuals working at such
sites or in such facilities.
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b. Establish and maintain a current list of
minority and female recruitment sources, provide
written notification to minority and female
recruitment sources and to community
organizations when the Contractor or its unions
have employment opportunities available, and
maintain a record of the organizations' responses.
c. Maintain a current file of the names,
addresses and telephone numbers of each
minority and female off-the-street applicant and
minority or female referral from a union, a
recruitment source or community organization and
of what action was taken with respect to each
such individual. If such individual was sent to the
union hiring hall for referral and was not referred
back to the Contractor by the union or, if referred,
not employed by the Contractor, this shall be
documented in the file with the reason therefor,
along with whatever additional actions the
Contractor may have taken.
d. Provide immediate written notification to the
Director when the union or unions with which the
Contractor has a collective bargaining agreement
has not referred to the Contractor a minority
person or woman sent by the Contractor, or when
the Contractor has other information that the
union referral process has impeded the
Contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities
and/or participate in training programs for the area
which expressly include minorities and women,
including upgrading programs and apprenticeship
and trainee programs relevant to the Contractor's
employment needs, especially those programs
funded or approved by the Department of Labor.
The Contractor shall provide notice of these
programs to the sources compiled under 7b
above.
f. Disseminate the Contractor's EEO policy by
providing notice of the policy to unions and
training programs and requesting their
cooperation in assisting the Contractor in meeting
its EEO obligations; by including it in any policy
manual and collective bargaining agreement; by
publicizing it in the company newpaper, annual
report, etc.; by specific review of the policy with all
management personnel and with all minority and
female employees at least once a year; and by
posting the company EEO policy on bulletin
boards accessible to all employees at each
location where construction work is performed.
g. Review, at least annually, the company's
EEO policy and affirmative action obligations
under these specifications with all employees
having any responsibility for hiring, assignment.
layoff, termination or other employment decisions
including specific review of these items with on site
supervisory personnel such as Superintendents,
General Foremen, etc., prior to the initiation of
construction work at any job site. A written record
shall be made and maintained identifying the time
and place of these meetings, persons attending,
subject matter discussed, and disposition of the
subject matter.
h. Disseminate the Contractor's EEO policy
externally by including it in any advertising in the
news media, specifically including minority' and
female news media, and providing written
notification to and discussing the Contractor's
EEO policy with other Contractors and
Subcontractors with whom the Contractor does or
anticipates doing business.
i. Direct its recruitment efforts, both oral and
written, to minority, female and community
organizations, to schoois with minority and female
students and to minority and female recruitment
and training organizations serving the Contractor's
recruitment area and employment needs. Not
later than one month prior to the date for the
acceptance of applications for apprenticeship or
other training by any recruitment source, the
Contractor shall send written notification to
organizations such as the above, describing the
openings, screening procedures, and tests to be
used in the selection process.
j. Encourage present minority and female
employees to recruit other minority persons and
women and, where reasonable, provide after
school, summer and vacation employment to
minority and female youth both on the site and in
other areas of a Contractor's work force.
k. Validate all tests and other selection
requirements where there is an obligation to do so
under 41 CFR Part 60-3.
I. Conduct, at least annually, an inventory and
evaluation at least of all minority and female
personnel for promotional opportunities and
encourage these employees to seek or to prepare
for, through appropriate training, etc., such
opportunities.
m. Ensure that seniority practices, job
classifications, work assignments and other
personnel practices, do not have a discriminatory
effect by continually monitoring all personnel and
employment related activities to ensure that the
EEO policy and the Contractor's obligations under
these specifications are being carried out.
n. Ensure that all facilities and company
activities are nonsegregated except that separate
or single-user toilet and necessary changing
facilities shall be provided to. assure privacy
between the sexes.
o. Document and maintain a record of all
solicitations of offers for subcontracts from
minority and female construction contractors and
suppliers, including circulation of solicitations to
minority and female contractor associations and
other business associations.
p. Conduct a review, at least annually, of all
supervisors' adherence to and performance under
the Contractor's EEO policies and affirmative
action obligations.
8. Contractors are encouraged to participate in
voluntary associations which assist in fulfilling one
or more of their affirmative action obligations (7a
through pl. The efforts of a contractor association,
joint contractor-union, contractor-community, or
other similar group of which the contractor is a
member and participant, may be asserted as
fulfilling anyone or more of its obligations under
7a through p of these Specifications provided that
the contractor actively participates In the group,
makes every effort to assure that the group has a
positive impact on the employment of minorities
and women in the Industry, ensures that the
concrete benefits of the program are reflected in
the Contractor's minority and female workforce
participation, makes a good faith effort to meet its
individual goals and timetables, and can provide
access to documentation which demonstrates the
effectiveness of actions taken on behalf of the
Contractor. The obligation to comply, however, is
the Contractor's and failure of such a group to
fulfill an obligation shall not be a defense for the
Contractor's noncompliance.
9. A single goal for minorities and a separate
single goal for women have been established.
The Contractor, however, is required to provide
equal employment opportunity and to take
affirmative action for all minority groups, both
male and female, and all women, both minority
and non-minority. Consequently, the Contractor
may be in violation of the Executive Order if a
particular group is employed in a substantially
disparate manner (for example, even though the
Contractor has achieved its goals for women
generally, the Contractor may be in violation of
the Executive Order if a specific minority group of
women is underutilized).
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AHCDO Form 412
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
AFFIRMATIVE ACTION GOALS & TIMETABLE
Project #:
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10. The Contractor shall not use the goals and
timetables or affirmative action standards to
discriminate against any person because
of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any
Subcontract with any person or firm debarred
from Govemment contracts pursuant to Executive
Order 11246.
12. The Contractor shall carry out such
sanctions and penalties for violation of these
specifications and of the Equal Opportunity
Clause, including suspension, termination and
cancellation of existing subcontracts as may be
imposed or ordered pursuant to Executive Order
11246, as amended, and its implementing
regulations, by the Office of Federal Contract
Compliance Programs. Any Contractor who fails
to carry out such sanctions and penalties shall be
in violation of these specifications and Executive
Order 11246, as amended.
13. The Contractor, in fulfilling its obligations
under these specifications, shall implement
specific affirmative action steps, at least as
extensive as those standards prescribed in
paragraph 7 of these specifications, so as to
achieve maximum results from its efforts to
ensure equal employment opportunity. If the
Contractor fails to comply with the requirements of
the Executive Order, the implementing
regulations, or these specifications, the Director
shall proceed in accordance with 41 CFR 60-4.8.
14. The Contractor shall designate a
responsible official to monitor all employment
related activity to ensure that the company EEO
policy is being carried out, to submit reports
relating to the provisions hereof as may be
required by the Government and to keep records.
Records shall at least include for each employee
the name, address, telephone numbers,
construction trade, union affiliation if any,
employee identification number when assigned,
social security number, race, sex, status (e.g.,
mechanic, apprentice trainee, helper, or laborer),
dates of changes in status, hours worked per
week in the indicated trade, rate of pay, and
locations at which the work was performed.
Records shall be maintained in an easily
understandable and retrievable form; however, to
the degree that existing records satisfy this
requirement, contractors shall not be required to
maintain separate records.
15. Nothing herein provided shall be construed
as a limitation upon the application of other laws
which establish different standards of compliance
or upon the application of requirements for the
hiring of local or other area residents (e.g., those
under the Public Works Employment Act of 1977
and the Community Development Block Grant
Program).
(b) The notice set forth in 41 CFR 60-4.2 and
the specifications set forth in 41 CFR 60-4.3
replace the New Form for Federal Equal
Employment Opportunity Bid Conditions for
Federal and Federally Assisted Construction
published at 41 FR 32482 and commonly known
as the Model Federal EEO Bid Conditions, and
the New Form shall not be used after the
regulations in 41 CFR Part 60-4 become effective.
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I Until further notice, the following goals for minority utilization in each construction craft and trade shall
be included in all Federal or federally assisted construction contracts and subcontracts in excess of $10,000 to
be performed in the respective geographical areas. The goals are applicable to each nonexempt contractor's
I total onsite construction workforce, regardless of whether or not part of that workforce is performing work on a
Federal, federally assisted or nonfederally related project, contract or subcontract.
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AHCDO Form 412
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
AFFIRMATIVE ACTION GOALS & TIMETABLE
Project #:
CHANGES IN APPENDIX B
PURSUANT TO OFCCP REGULATIONS - 41 CFR PART 60-4
Construction contractors which are participating in an approved Hometown Plan (see 41 CFR 60-4.5)
are required to comply with the goals of the Hometown Plan with regard to construction work they perform in
the area covered by the Hometown Plan. With regard to all their other covered construction work, such
contractors are required to comply with the applicable SMSA or EA goal contained in this Appendix B-80.
APPENDIX B-80
GOALS FOR MINORITY UTILIZATION
AUQusta, GA.
Goals
(Percent)
MINORITY FEMALE
SMSA Counties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Columbia, Richmond & Aiken, S.C.
27.2
6.9
Non-SMSA Counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Burke, Emanuel, Glascock, Jefferson,
Jenkins, Lincoln, McDuffie, Taliaferro,
Warren, and Wilkes
32.8
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Form 501
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
Project #:
COBG #2009R
PAYMENT
AND
PERFORMANCE BOND
{See Attachment}-_
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Western Surety Company
PAYMENT BOND
Bond Number:
I KNOW ALL PERSONS BY THESE PRESENTS, That we S i tee, LLC
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70790877
of
217 Fairfield St., N.E., Aiken, SC 29801
, hereinafter
referred to as the Principal, and Western Surety Company
as Surety, are held and firmly bound unto County of Richmond
m 530 Greene Street, Augusta. GA 30911
, hereinafter
referred to as the Obligee, in the sum of Sixtv-Seven Thousand Four Hundred Fiftv and 00/100
Dollars ($ 67 , 450 . 00 ), for the payment of which we bind ourselves, our legal representatives, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated
day of
,fur Augusta Neighborhood Improvement Corporation. Inc.-Enclave Fencina
Project
copy of which contract is by reference made a part hereof.
NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all
persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all
duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety
being waived, then this obligation to be void; otherwise to remain in full force and effect.
No suit or action shall be commenced hereunder
(a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it
being understood, however, that if any limitation embodied in this bond is prohibited by any law
controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to
the minimum period of limitation permitted by such law.
(b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of
the state in which the project, or any part thereof, is situated, or in the United States District Court for the
district in which the project, or any part thereof, is situated, and not elsewhere.
The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder.
SIGNED, SEALED AND DATED this
22nd
day of
September
2009
Sitec, LLC
By
By
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Western Surety Company
PERFORMANCE BOND
Bond Number: 70790877
KNOW ALL PERSONS BY THESE PRESENTS, That we S i tec, LLC
of
217 Fairfield St., N.E., Aiken, SC 29801
referred to as the Principal, and Western Surety Company
as Surety, are held and firmly bound unto County of Richmond
of 530 Greene Street. Augusta. GA 30911
, hereinafter
, hereinafter
referred to as the Obligee, in the sum of Sixty-Seven Thousand Four Hundred Fifty and 00/100
Dollars ($ 67,450.00 ), for the payment of which we bind ourselves, our legal representatives, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated the day of
,for AugustA Np.i ghhorhood Tmprovp.mp.nt CorporAti on, Tnc -F'.ncl AVP. F'p.nci ng
Project
NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless
the Obligee from all cost ;3nd damage by reason of Principal's failure so to do, then this obligation shall be null
and void; otherwise it shall remain in full force and effect.
. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction
in the location in which the work or part of the work is located and shall be instituted within two years after
Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors, administrators or successors of the Obligee.
SIGNED, SEALED AND DATED this
22nd
2009
September
day of
Sitec, LLC
By
(Principal)
fro fl' /J4~
-
(Seal)
By
\
Attorney-in-Facl
Form F4597
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Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No.
70790877
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws
ofthe State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make,
constitute and appoint JASON C PALMER
its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal: Sitec, LLC
Obligee: County of Richmond
Amount:
$500,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full fo:t;'Ce and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name oJ: the CmrrpaJl.V by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other
om(;{,l'S as "he Board "fDirectors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necess:L.'j" for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
':"T.'~.t)!"?_1j!.l!!_ Th~ s:ig!!2.!~e ~! ~~'" ~~h ~ffi.~e:" ~d. the e=p~:::.t~ ~=;:}, ::::::::.:-; h=: p~wt~d bj. f"~:;:~~."
pJI iuthorit:," ~...crcb:; conferred 3h:111 e::;;ire and teI~ate., withbut nnticE.; unlF:!=I5 'used hefi_l-p=; .m!..tnighi of
/'0"1 0 J nut until S1"~-'~ tiL""lC: sl1a!i be irre..,.rr.cahle 3nd in filil force and clfc...""""t.
Januar"'v 14
In Witness Whereof, Western Suret.y Company has caused these presents to be signed by its Senior Vice President, Paul T. Bnruat.
to be affi.:{e.d till:=; LLnd aayor SO'CiterrJ:iFI ~:.::~009
_~~~-u. '::~::'-=_
I;;;~'~;~~\
=-; : -a':;';"
~.~~~\~ ~ ~ !t. Y ~/.j?j
:.;.:' ~-,.~ Ca., ~...- - ~: -~ :F
ST rA
....--.
WES'l~Rpt SUR-EH COMPANY
# ~ _, J _
--r- / 7 / ..,/ //r;L-
_,_~l ~~ J ~ ___~~
I:!aul"r. BruflaVSeu.iol' Vii.:e Pre..;,;ident.
,
f
( ~~
-'
On this ??nd da,vof September . in theyear. .._~009 ,before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
vVES'J'j<,RN SlJRETY GOlVIPAl\fY and acknowledged said instrument to be the voluntary act and deed ofsai,d corporation.
~............................:........_........ ~ ~ n 1/
~ . ..~~ KReLL __ !.__ f/ \.V rt~~
~so~~;;;;:~;~B~ . . t.h;taryPublie- Sm::th Dakota
t4lt....'Ii!!..,."'4tot,.~...~....~.,*'".,,~..~~ +
My Commission Expires November 30, 2012
I the unr:te:tsi;!IlCd officer of vVestern Surety Company.. a stO"'~k corporation of the State of SnuthDa.kotai do hereby i:ertii,y that the
attached PDwer of Attorney i~ ill fUll ltu-ce and ettect and is irrevocahie, and fttrthernl(~re, that Section 7 of the byla'.vs of the CompaTI:,." as
set forth in the Power of Attui'iley :is now in forc.;e.
In testimony '\~her~of. T h~ve heretmto set my hand and seal of Western Surety Company this
SeDt~rnr:'H~r ,_~~OU9_
WE S TF~ RJ~
~i
J' F
I ;::...,./.....
<'nd
day of
~R'~7 ~~~lPANY
f ~ L-ar-
of ,,~~
f-'-a.ul T. BruilaVdenior v"'icp.: President
Form -F53OB-S-2006
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} ACKNO~DGMENTOFSURETY
STATE OF South Carolina (Attorney-in-Fact) Bond No. 70790877
COUNTY OF Ai ken ss
On this oll".J day of ,S...e j#,/~1?I & If , ::I O{J f ,before me, a notary public in
and for said County, personally appeared ,JASON C PALMER
to me personally known and being by me duly sworn, did say, that he is the Attorney-in-Fact of WESTERN SURETY COMPANY,
a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South
Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that
the said JASON C PALMER
acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument
without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at
Ai ken Sou th Carol ina , the day and year last above written.
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~ cornmis~ion expires
:lI'IU) r OJ
. cf
2,9(9
{b~ tf. ;:;~bd'
Notary Public
Form 106-4-2000
NICOLE A. TOWNSEND
Notary Public. South Carolina
My Commission Expires
August 03,2019
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Form 502
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
Project #:
COBG #2009R
INSURANCE
(See Attachment)
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ACORD.
CERTIFICATE OF LIABILITY INSURANCE HCGBE-l DA~:=
THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATlO
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
PRODUCER
1
Sadler & Company, Inc.
P. O. Drawer 5866
Co1umbia SC 29250-5866
Phone:803-254-6311 Fax: 803-256-4017
INSURERS AFFORDING COVERAGE
1
INSURED
Bui1dera IIDtuaJ. :Ella=- Co.
NAIC#
10844
1
McGhee & McGhee, LLC
Si tec f LLC
Mr. W111iam McGhee
217 FairfieJ.d street NE
Aiken SC 29801
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:
COVERAGES
I
THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED. NOTWITHSTANDING
AtN REQUIREMENT, TERM OR CONDITION OF AtN CONTRACT OR OTHER OQCUMENTWlTH RESPECT TO WHICH THIS CERllF1CATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS.
LTR NSRI TYPE OF INSURANCE POLICY NUMBER DATE 1lf1iljJj[jY\h ~ LIMITS
~LIABILITY EACH OCCURRENCE $ 1,000 ,000
A ~ COMMERCIAL GENERAL LIABlUlY CPP002865309 08/22/09 08/22/10 PREMISES (Ea occunmce) $100,000
- t:J CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5 ,000
f-- PERSONAL & ADV INJURY $ 1,000,000
>-- GENERAL AGGREGATE $ 2,000,000
Iil'L AGGREGATE LIMIT APPLIES PER: PROOUCTS - COMPIOP AGG $ 2,000,000
X POLICY n ~~ n LOC
~OBILE UABIUTY COMBINED SINGLE LIMIT $1,000,000
A 1M'( Al1TO CAPOO1360200 08/22/09 08/22/10 (Ea accident)
>--
>-- AlL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
~
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
~ PROPERTY DAMAGE $
(Per accident)
RRAGE UABlUTY Al1TO ONLY - EA ACCIDENT $
1M'( Al1TO OTHER THAN EA ACe $
AUTO ONLY: AGG $
EXCESSIUMBRElLA UABIUTY EACH OCCURRENCE $
o 'OCCUR 0 CLAIMS MADE AGGREGATE $
$
==1 DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X ITORYLlMITS I /vER-
A EMPLOYERS' LIABILITY 001000040721108 08/22/09 08/22/10 $ 100,000
ANY PROPRIETOR/PARTNERlEXECUTlVE EL. EACH ACCIDENT
OFACER/MEMBER EXCLUDED? OWNER IS INCLUDED EL DISEASE - EA EMPLOYEE $ 100,000
UWcI~~~S1~~s below EL. DISEASE - POLICY LIMIT $ 500,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Augusta , Georgia Project 12008R
Augusta-Richmond County Municipal Building
CERTIFICATE HOLDER
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Augusta Richmond County
Comm.i.ssion
530 Greene street
Augusta GA 30901
CANCELLATION
AUGUOO 2 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPlRATI
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEfT, BUT FAILURE TO DO so SHALL
IMPOSE NO OBUGATlON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
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1 ACORD 25 (2001108)
@ACORD CORPORATION 1988
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IMPORTANT
If the certificate holder is an AOOlTlONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
1 ACORD 25 (2001108)
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I Form 503
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AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
CERTIFICATION OF
NON-SEGREGA TED
FACiliTIES BY
SUBCONTRACTOR
(See Attachment)
Project #:
COBG #2009R
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1 The SUBCONTRACTOR certifies that he does not maintain or provide for his employees any
segregated facilities at any of his establishments, and that he does not perrrm-htsemployeestoperform their '
I services at any location under SUBCONTRACTOR's control where segregated facilities are maintained. The
SUBCONTRACTOR certifies further that the SUBCONTRACTOR will not maintain or provide for '
I SUBCONTRACTOR's employee any segregated facilities at any of SUBCONTRACTOR's establishments, and
that the SUBCONTRACTOR will not permit SUBCONTRACTOR's employees to perform their services at any
I location under SUBCONTRACTOR's control where segregated facilities are maintained. The
SUBCONTRACTOR agrees that a breach of this certification will be a violation of the Equal Opportunityctause
I in any contract resulting from acceptance of this BID. As used in thiscertificatia~,theterm "segregated
facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating
I areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing facilities provided for employees which are
I segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or nation origin,
because of habit, local custom, or otherwise. This certification is applicable to all contracts exceeding $1'0;000
I which are not exempt from the provisions of the Equal Opportunity clause.. SUBCONIRAC.IQRwilLIetauL
such certification in SUBCONTRACTOR's files. Note: The penalty for making false statements in offers is
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Form 503
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
Project #:
COBG #2008R
CERTIFICATION OF NON-SEGREGATEDEACILlTIES
BY SUBCONTRACTOR
prescribed in 18 U.S.C. ~1001.
Official Address
By
UBCONTRACTOR)
Date
,2009.
(Subcontractor's Name)
As its
(Title)
(City, State, Zip)
*Must be included without alteration
503-1
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I STATE OF GEORGIA
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I (1) To sign and execute any and all legal instruments, to any person or persons wishing to contract
with Augusta Housing and Community Development Department;
I (2) To sign statements or related instruments necessary or convenient to said transaction;
I.' (3) To sign, endorse, deposit or issue checks or to receive checks related to the Augusta Housing
. and Community Development Department program; and
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I] ATTEST:
I ~)~4r~
Ii c er 0 ommO s~t.1
SEAL
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504
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
Project #:
CDBG #2009R
)
)
COUNTY OF RICHMOND )
TO CHESTER A. WHEELER, III
SPECIAL POWER OF ATTORNEY
RE: Auqusta Neiqhborhood Improvement
Corporation Enclave Fencinq
Hereinafter known as "Project"
KNOW ALL PERSONS BY THESE PRESENTS: That AUGUSTA, GEORGIA, a political
subdivision of the State of Georgia, hereby constitutes and appoints, and by these presents does
make, constitute and appoint CHESTER A. WHEELER, III, of Richmond County, Georgia, as it's true
and lawful attorney in fact, in the executing of any or all of the following documents related to Project:
(4) Augusta, Georgia does hereby grant and give unto CHESTER A. WHEELER, III as Director of
Augusta Housing and Community Development Department, as its attorney in fact with full authority
and power to do and perform any and all other acts necessary or convenient to Project and to
perform same as the authorized representative of Augusta, Georgia.
This Special Power of Attorney specifically revokes any previously issued Power of Attorney \
IN WITNESS WHEREOF, Augusta, Georgia has caused this Power of Attorney to be executed by
and thr~~its authorized officials and the seal of the consolidated government affixed this ~ (, kV
day of ~, :Jet;1.
Augusta, Georgia
BY:
cO:e->dof
As its yor
f\ 'fJJ:J. U~
\Y \o~
504-1
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505
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
CONTRACTOR AFFIDAVIT AND AGREEMENT
GA SECURITY & IMMIGRATION COMPLAINCE ACT OF 2006
Project #:
COBG #2008R
CONTRACTOR AFFIDAVIT AND AGREEMENT
COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned
contractor, who, after being duly sworn, states as follows:
1.
By executing this affidavit, the undersigned contractor verifies its compliance with O:C:G.A. ~ -
13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, stating affirmatively that the individual, firm, or
corporation which is contracting with the Georgia Department of Natural Resources has registered with and is
participating in a federal work authorization program* in accordance with the applicability provisions and
deadlines established in O.C.G.A. ~ 13-10-91 and Georgia Department of Labor Rule 300-10-1.02:
2.
The undersigned contractor further agrees that, stroold'"itelllptoy or"contr actwitTt"any-'
subcontractor(s) in connection with the physical performance of services pursuant to the contract with the
Georgia Department of Natural Resource3s of which this affidavit is a part, the undersigned contractor wilL.
secure from such subcontractor(s) similar verification of compliance with O.C.G.A. ~ 13-10-91 and Georgia
Department of Labor Rule 300-10-1-.02 through the subcontractor's execution of the subcontractor affidavit
required by Georgia Department of Labor Rule 300-10-1-.08 or a substantiany simifar subcontractor affiaavit.
The undersigned contractor further agrees to maintain records of such compliance and provide a copy of each
such verification to the Georgia Department of Natural Resources at the-ttme'thesubcontractoris-yrsretainecHa
perform such services.
-ik;2/:237'1
EEV/Basic Pilot Program User Identification Number
FURTHER AFFIANT SA YETH NOT
tr'/J'~~
BY: Authorized Officer or A~~ '
q jr,jtiJo"
Date
.;5/ ree., I- L C-
Contractor Name
tf!-,-.c~
Title of Authorized Officer or Agent of Contractor
-
W. Mc-Gh~.,# /~
Printed Name of Authorized Officer or Agent
505-1
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I Sworn to and subscribed before me
I
505
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
CONTRACTOR AFFIDAVIT AND AGREEMENT
Project #:
COBG #2008R
GA SECURITY & IMMIGRA TJON COMPLAJNCE ACT OF 2006
This '8ff1 day of
$;~
,2009
I ~h /1. 7l!&I~
Notary Public
I My commission expires:
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My Commission expires
Saptember 29, 2Q15
* 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 Uhifea States
Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration
Reform and Control Act of 1986 (I RCA), P.L. 99-603. As of the effective date of a.c.G.A. S 13:'1o:.gr, tne
applicable federal work authorization program is the "EEV/Basic Pilot Program" operated by the U.S.
Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, inconjlIrTCtionwith'
the Social Security Administration (SSA).
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505-2
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506
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
SUBCONTRACTOR AFFIDAVIT
GA SECURITY & IMMIGRATION COMPLAINCE ACT OF 2006
Project #:
COBG #2008R
STATE OF GEORGIA
RICHMOND COUNTY
SUBCONTRACTOR AFFIDAVIT
COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned
contractor, who, after being duly sworn, states as follows:
By executing this affidavit, the undersigned sub contractor verifies its compliance with O.C.G.A. S 13-
10-91 and Georgia Department of Labor Rule 300-10-1-.02, stating affirmatively that the individual, firm, or
corporation which is engaged in the physical performance of services under a contract with
{name of contractor}on
behalf of the Georgia Department of Natural Resources has registered with and is participating in a federal
work authorization program* in accordance with the applicability provisions and deadlines established in
O.C.G.A. S 13-10-91 and Georgia Department of Labor Rule 300-10-1.02.
EEV/Basic Pilot Program User Identification Number
Date
FURTHER AFFIANT SA YETH NOT
BY: Authorized Officer or Agent
Subcontractor Name
Title of Authorized Officer or Agent of Subcontractor
Printed Name of Authorized Officer or Agent
506-1
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506
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
SUBCONTRACTOR AFFIDAVIT
GA SECURITY & IMMIGRATION COMPLAINCE ACT OF 2006
Project #:
COBG #2008R
Sworn to and subscribed before me
This
day of
,2009
Notary Public
My commission expires:
* 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 tothetmmfgratforr"
Reform and Control Act of 1986 (IRCA), P.L. 99-603. As of the effective date of a.C.G.A. ~ 13-10-91, the
applicable federal work authorization program is the "EEV/Basic Pilot Program" operatect by the' tt:S:
Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with
the Social Security Administration (SSA). '
506-2
I
AUGUSTA HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT
TECHNICAL SPECIFICATIONS
Project #:
COBG 2009R
I AHCDD Form 111
(Rev. 1 0/06)
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Page 111-1
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