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HomeMy WebLinkAboutStreet Lighting Improvements Program Augusta Richmond GA DOCUMENT NAME: ,Sfre.e f L, '9 ~ II 'y;:J / k prVU.e.~VJ k ?) rCX)w w1 DOCUMENT TYPE: Cor1n:;;;e-1-- YEAR: / q 9G BOX NUMBER: I FILE NUMBER: ) ~ U ~ ~ NUMBER OF PAGES: /(0 . ~J.h.J# /~~j9 ~ - ~ ,: ff. CONTRACT DOCUMENTS FOR . "PUBLIC FACILITIES & IMPROVEMENTS" ..., - STREET LIGHTING IMPROVEMENTS PROGRJ\M \. ,,",", \ 11 TH AND 12TH STREETS-BROAD STREET TO GREEN'STREET CITI' REFERENCE # 86-040 (P) 2 '........ FOR TIlE CITI' OF AUGUSTA, GEORGIA =- PREPARED BY ELECTRICAL DESIGN CONSULTANTS, INC. """"" _--:v..\CHMO.v:" - ~,. ........ C-_ ;...... ... ... 0;.. ~" . .. ~ '. /Ji'tI,..".,:, \~~ '- ~ .. .. '" ~ . . : . ~ ~~! ,,- :::;~ ~ . .... .... if/. I."; \ >Sf.. l"': '" -. 1996 .- '" f'..... ._ A1 ., .......... ~ -'" CEORG\" ._-- \,-"",- r-1ay 15, 1996 Room 701, Municipal Bldg. 530 Greene Street Augusta, Georgia 30911 Telephone: (706) 821-1706 FAX: (706) 821-1708 CHARLES T. DILLARD Commissioner of Public Works and Director of Engineering Mr. John H. Hebbard Hebbard Electric, Inc. 3338 Commerce Drive Augusta, GA 30909 RE: Street Lighting Improvements Program 11~h & 12th Streets, Broad St. to Greene St. Project Reference 86-040(P)2 Dear Mr. Hebbard: This is your "Notice to Proceed" with the construction of the above referenced project in accordance with plans and specifications prepared by Electrical Design Consultants, Inc. You are to begin work on or before May 27, 1996 and to fully complete the project on or before August 24, 1996 (90 calendar days) . Please coordinate the work with Mr. R. J. Edenfield. Enclosed please find two (2) copies of the executed contract documents. Please forward one (1) copy to your Surety. YOU;S tC14. L CL~ A. GOINS Assistant Commissioner of Public Works and Director of Engineering CAG:ljp Enclosures cc: Mrs. Lena Bonner, Clerk of Com-Council, w/copy of Con. Docu. Mr. Stewart Walker, Business License & Enforcement Mr. Jack Center, Electrical Design Consultants, Inc. Mr. R. J. Edenfield, Inspector Mr. Robert Anderson, Electrical Dept. Ms. Rosa White, Com. Dev. Dept., w/copy of Contract Documents Mr. David Utley, Street Lighting Dept. ....................... ... .................... ...................................... ........................... . ....... ..... ............ .................... .......................................... ..................... . ........ ................. .... ...... :...:..~c~.t.te~~..........:m~..~~I!!:m~:mj~i.:....~.I.1....:~.I.~.II~!m.~~.I.I.I.....:::::::::::::.:::.:::::::::::...:.:.......:............................. . . , . . . . . . . . . . . . . . . ................... .................... ...... . ....... ... ................. ...................... ...................... ..................... .......................... ......................... ....................... .. .............. ................... .................. ................... ................. ................... ......... ........ .................. . .................. . . . . . . . . . . . . . . . . . . . ISSUE DAn: (MIMJOIYY) PRODUCER .................. 3 22 96 ;:::::::::::::::::::::;:::::::::::::: THIS CERTlRCATE IS ISSUED AS A MAlTER OF INFORMATlON ONLY AND CONFERS NO RIGHTS UPON THE CERTlRCATE HOLDER. THIS CERTlRCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HARISON-KERZIC INC POBOX 211110 AUGUSTA GA 30917-1110 COMPANIES AFFORDING COVERAGE ~A :.................................~MY~:r..~g~.....~~~.~<:~ CO INSURED : COMPANY B .....................: LETTER T~ y~.l.!~g?....J;.~.?.~c::~....<:.C?.................................................... HEBBARD ELECTRIC INC 3338 COMMERCE DR AUGUSTA GA 30909 ~c ~ANY D ........ ..........7'M y~.l.!~g?... IN SYMN.c:::E.:....c::.C?... ......................................... ~ANY E THIS IS TO CERTIFY THAT THE POUClES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO All. THE TERMS, EXCWSJONS AND CONDmoNS OF SUCH POUClES. UMrrs SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. ...................................................y........................................................................................ . . co : LTR. TYPE OF INSURANCE POLICY ....IIBER .POUCY EFRC'11VE . POLICY EXPlRA11ON. . DAn: (MIMJOIYY) DAn: (MM.OOIYY) IMIT8 680519J0882 3/29/96 3/29/9 7 :c;.E1:"~.~.c;c;R.e.~!'"...........~?f...().9.g.f...().9..9... : PRODlJCTS.COMPIOP AGG. :.2 00 0 000 :.........................................................f..............f................ .."'.e.~.~.~v....~.u.~:.........!.l..9.g()..f..9.g()... ..~.~.L1~~~e....................!.l..9.g9...f..9.g.o... FIRE DAMAGE (Any one hI ..50 0 0 0 ................................................~..........J................. : ~. EXPENSE (Any one perIOl'll : .5 00 0 3/29/96 3/29/97.COMBlNEDSINGLE :. . UMIT : 1 000 000 ;.........................................................f..............f............... COMMERCIAL GENERAL UABlUTY CLAIMS MADE..:X . OCCUR. OWNER'S & CONTRACTOR'S PROT. 810512W981A : SCHEDULED AUTOS X HIRED AUTOS X . N()N.()WNED AUTOS . GARAGE UABIUTY : BODILY INJURY : (F'..- penJOn) :. : BODILY INJURY : {F'..- ecckIenIl :. . PROPERTY DAMAGE : . WCllUtER'S COMPEH8A11ON AND IUB513W0045 3/29/96 3/2 DISEASE-POUCY LIMIT DISEASE-EACH EMPlOYEE . EXCESS UAIlA.ITY UMSRB.LA FORM OlliER 'THAN UMBRB.LA FORM EMPLOYERS' UABIUTY : OTIER DE8CRF11ON OF 0f'ERA11ONSII.OCAT1OIIllIYEHIa.ECIAl. rTEIIS RE: PROJECT 86-040 (P) 2 AUG RICHMOND COUNTY COUNCIL ROOM 701 MUNICIPAL BLDG 530 GREENE STREET AUGUSTA GA 30911 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCEUED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE- HOLDER NAMED TO THE LEFT, BUT FAlWRE'. TO MAIL SUCH NOTICE SHAll IMpl E NO OBUGATION OR UABIUTY OF ANY KI D UPON THE COMPANY, rrs AGE OR REPRESENTATIVES. .. - INDEX TO SPECIFICATIONS . SECTION NUMBERS TITLE AFB IFB Advertisement for Bids Information for Bidders . Proposal Form P BB A Agreement Performance Bond Bid Bond . PE PA Payment Bond . OA NA Certificate of Owner's Attorney Notice of Award NP Notice to Proceed . GC SGC General Conditions Supplemental General Conditions FE Federal Labor Standard Provisions WR Wage Rates . CC Contractor's Certification (Labor Standards & Wage Requirements) SC Subcontractor's Certification (Labor Standards & Wage Requirements) . IDA Instructions for Development of Affirmative Action Programs FLG Goals and Timetables for Affirmative Action . NSF Certificate of Non-Segregated Facilities LC Copy of Lobbying Certification .- - TS Technical Specifications PAGES - 3 - 2 - 2 - 2 2 - 2 - 25 1 - 8 - 9 - 5 - 2 1 - 2 1 - 8 1 - 9 1 - 2 - 4 - 10 . ADVERTISEMENT FOR BIDS THE CITY COUNCIL OF AUGUSTA, GEORGIA . Sealed bids for "PUBLIC FACILITIES & IMPROVEMENTS - 11th & 12th STREET LIGHTING - Broad Street to Greene Street); CDBG B-94-MC-13-0003/94032, will be received by the City of Augusta, at the office of the Clerk of Council, in Room 806 of the City-County Municipal Building until 12 o'clock Noon at the time legally prevailing in Augusta, Georgia on TUESDAY, NOVEMBER 14, 1995. . At that time and place the sealed bids shall be publicly opened and read aloud for furnishing all work involved in the construction of Street Lighting along the following streets all in accordance with the plans and specifications prepared by Electric Design Consultants, Inc., for the Community Development Department: . 11TH & 12TH STREET LIGHTING PROJECT (BROAD STREET to GREENE STREET) COMMUNITY DEVELOPMENT DEPARTMENT One 10th Street, Suite 430 Augusta, Georgia F, W. DODGE PLAN ROOM 360 Bay Street Augusta, Georgia - CITY ENGINEERING DEPARTMENT 701 Municipal Building Augusta, Georgia CSRA BUSINESS LEAGUE 1394 Laney-Walker Blvd. Augusta, Georgia AUGUSTA BUILDERS EXCHANGE 304 Fourteenth Street Augusta, Georgia 30901 Plans and specifications for bidding purposes may be obtained at the office of the Electrical Design Consultants, 1201 Broad Street, Suite 1A, Augusta, Georgia 30901 upon payment of $30 for each set of documents issued, non-refundable. The contract, ifawarded, will be on a lump sum basis. No bid may be withdrawn for a period of 60 days after time has been called on the date of opening. Bids must be accompanied by a bid bond in an amount of not less than 5% of the base bid. Both a performance bond and a payment bond will be required in an amount equal to 100% of the contract. ..... The owner reserves the right to reject any and all bids and to waive any technicalities and informalities. Address all bids to the Clerk of Council, marking on the envelope "11TH & 12TH STREET LIGHTING - BROAD STREET to GREENE STREET." The successful bidder must abide by the Davis-Bacon Act and the Federal Labor Standard Provisions. The project will be 100% Federally funded according to the lowest bid and subject to Section 3 of the HUD Act of 1968, as amended, 12 U.S.C, 1701 u Section 3). The purpose of Section 3 is to insure 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 within the project area, being the City of Augusta. By: Charles A. DeVaney Mayor THE CITY COUNCIL OF AUGUSTA, GEORGIA Margaret C. Armstrong CD Committee Chairperson Publish: 10/30.10/31 & 11/1/95 - .. . INFORMATION FOR BIDDERS . BIDS will be received by the City of Augusta, Georgia, (herein called the "OWNER"), at office of the Clerk of Council until November 14, 1995 and then at said office publicly opened and read aloud. . Each BID must be submitted in a sealed envelope, addressed to Mayor and City Council of Augusta, Georgia, at City-County Municipal Building, Augusta, Georgia, 30901. Each sealed envelope containing a BID must be plainly marked on the outside as BID for Street Lighting Improvement Program - 11th and 12th Streets, Broad Street to Green Street City Ref. No. 86040 (P) 2, and the envelope should bear on the outside the name of the BIDDER, his address and his license number if applicable. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to Mayor and City Council of Augusta,. c/o Clerk of Council, City-County Municipal Building, Augusta, Georgia 30901. - ... All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required. - -- The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the BIDDER. ..... BIDDERS must satisfy themselves of the accuracy of the estimated quotations in the Bid Schedule by examination of the site and a review of the drawings and specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was misunderstanding concerning the quantities of WOP~ or of the nature of the WORK to be done. The CONTRACT DOCUMENTS contain the prov~s~ons required for the construction of the PROJECT. Information obtained from an officer, agent or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the contract, IFB - 1 . . Each bid must be accompanied by a bid bond payable to the Owner for five percent (5%) of the total amount of the bid, As soon as the bid prices have been compared, the Owner will return the bonds of all except the three lowest responsible bidders. When the Agreement is executed the bonds of the remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment and performance bond have been executed and approved, after which it will be returned, A certified check may be used in lieu of a bid bond, . A Performance Bond and a Payment Bond, each in the amount of 100 percent of the contract price, with a corporate surety approved by the Owner, will be required for the faithful performance of the contract. . Attorneys-in-fact who sign Bid Bonds or Payment Bonds and Performance Bonds must file with each bond a certified and effective dated copy of their power of attorney. - - The party to whom the Contract is awarded will be required to execute the Agreemeot and obtain the Performance Bond and Payment Bond within ten calendar days from the date when Notice of Award is delivered to the bidder. The Notice of Award shall be accompanied by the necessary Agreement and bond forms. In case of failure of the bidder to execute the Agreement, the Owner may at his option, consider the bidder in default, in which case, the Bid Bond accompanying the Proposal shall become the property of the Owner. - - The Owner within ten days of receipt of acceptable Performance Bond, Payment Bond and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the bidder may, by written notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. The NOTICE TO PROCEED shall be issued within 10 days of the execution of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and the CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the 10 day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party. The OWNER may make such investigations as he deems necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER SHALL furnish to the OWNER all such information and data for this purpose as the OWNER may reques t. The OWNER reserves the right to rej ect any BID if the evidence submitted by or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein. A conditional or qualified BID will not be accepted. Award will be made as a whole to one BIDDER. IFB - 2 . . All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the contract documents. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID. . The low BIDDER must supply the names and addresses of maj or material suppliers and subcontractors when requested to do so by the OWNER. Inspection trips for prospective BIDDERS will be conducted by the OWNER if requested in writing by the BIDDER. Such requests shall be directed to the ENGINEER by the BIDDER. . The ENGINEER is the City Engineer. B1DDERS must comply with the President's Executive Orders Nos. 11246 and 11375 which prohibit discrimination in employment regarding race, creed, color, sex, or national origin, . - - All bidders are encouraged to utilize, to the maximum extent possible, local labor forces and suppliers of materials which have residences, offices or places of business within the City of Augusta, Georgia. While the City encourages the utilization of local laborers and suppliers on a purely voluntary basis on public works projects, nothing contained herein shall impose any legal or contractual obligation for any bidder to do so. ..... IFB - 3 . . ?ROPOSAL FOR11 For ST?'::::::T LTGET7.}:G 1!-:j'j;:O'..'t:~'::::l,T PP.Ocr:;'J1 - 11TIl J..ND 12E STF..::::TS FRO:': EKO/,D ~J.'?EET TO G?EEN STREET CI:'.:. REr:.:r:El~CE 1.:0. E6-040 (P) 2 lne Cit:)" Cot;;"lcil of Augt;!;tCl Municipal Building Augusta, Georgia 30911 . Gentlemen: The undersigned, as bidder, herein referred to as singular and rr,ascuI i.....e, declares as follows: 1. The only parties interested in the proposal as principals are named herein; . 2. He has carefully examined and fully understands the Contract Documents, including the drawings and technical specifications; 3. He understands that information relative to existing structures and underground utilities as .furnished to him on the drawings, the Contract Documents or by the Ci ty Engineer, carries no guarantee expressed or implied as to its completeness or accuracy and he has made due allowances therefore; - - 4. He has made a personal examination of the site of the proposed work and has satisfied himself as to the actual conditions and requirements of the work; - -- and hereby proposes and agrees that if his proposal is accepted, he will contract with the City Council of Augusta, Georgia, to furnish all machinery, tools, apparatus and other means of construction and to do all work and furnish all materials called for in accordance with the requirements of the City Engineer and the true intent of the Contract Documents and that he will take in full payment for each item of work thereof, the unit or lump sum price applicable to that as stated. The contract covering the construction all work described above will be completed within ~ consecutive calendar days from the date specified in the NNotice to ProceedN of the City Engineer for: Thirty-Seven Thousand Six Hun'dred Thrity no/lOD 37,630.00 Dollars ( $ ) subject to reductions, additions and deletions provided herein on the basis of measured quantities of completed work and the prices bid. Bidder further agrees to pay a liquidated damages the sum of $250.00 per consecutive calendar day thereafter as hereinafter pr~ided in Paragraph 19 of the General Conditions. It i~-understood that the City reserves the right to reject any and all proposals or to accept any proposal as deemed to be in the best interest of the City. p - 1 . The successful bidder 5'. ',1 have a current Ci ty Business 'ense. Tne City is an Equal Opportunity Employer, . . It is also understood that the follo~ing adden~a as issued durinl the bid period 5h~11 be included cs part of the Contract Documents. ADDENDUM NO. DATE I . . The undersigned bidder understands and agrees that should the City accept this proposal, the bidder will within ten (10) days from the date of notification of acceptance of hiS proposal, execute the contract and furnish the City with satisfactory performance and payment bonds in the amount equal to one hundred percent (100%) of the total base bid sum. Enclosed herewith is a Bid Bond or Certified Check in the amount of FIve Hundred Fifty-Seven no/OO . Dollars ($ 557.00 five percent (5%) of the total base bid sum. ) being not less than - - Should the bidder fail to execute the Contract and furnish the Performance.and Payment Bonds in case this proposal is accepted, the City shall have the right to receive the amount of the bid security as liquidated damages. If the security is a Certified Check, it may be cashed by the City and the amount received shall become the property of the City. If the security is a Bid Bond, the value thereof shall be paid to the City by the Surety. The undersigned, by submittal of this proposal, agrees that the above stated amount is the proper measure of liquidated damages which the City will sustain by the failure of the undersigned to execute the Contract and furnish the Performance and Payment Bonds. - Hebbard Electric, Inc. Name of Bidder /President Signature and Title of Authorized Representative 3338 Carmerce Drive Business Address AUQUsta, Georoia 30909 ,// City. State and Zip Code DATE: _~ov. 14, 1995 P - 2 . THE AMERICAN INSTITUTE OF ARCHITECTS . I AlA Document A310 Bid Bond . . KNOW ALL ME~ BY THESE PRESENTS, thatwe Hebbard Electric, Inc. . CHere .nJell lull nlme Ind IddreS! or lepl lille of Conlrlctorj 3338 Commerce Drive, Augusta, Georgia 30909 as Principal, hereinafter called the Principal, and United States Fidelity and Guaranty Company (Here inHII lull nlme Ino .aoreS! or leSl1 lille of Surely) PO Box 21800, Columbia, South Carolina 29221 a corporation duly organized under the laws of the State of Maryland . as Surety, hereinafter called'the Surety, are held and firmly bound unto The City Council of Augusta, GA (Here imell lull nlme and loore.. or leSl1 lille of Owner) - - as Obligee, hereinafter called the Obligee, in the sum of Five percent of amount bid Dollars ($ 5% of bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. W HER EAS, the Principal has submitted a bid for Street Liahtinc:r Imorovement. Procrram - 11th and (Hen inJell 11I11 n.me-, .adreS! .na OeJcropIIl)ri"Ol praJecO 12th Streets - Broad Street to Green Street NOW, THEREFORE, if the Obligee slWJ'accept the bid of the Principal and the Principal shall enter into a Cont~ct with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with ggQd.~nd sufficient surety for the faithful perforrmance of such Contract and for the prompt payment of labor and materlaflumished In the prosecution thereof, or In the event of the failure of the Principal to enter such Contrict and give such bond or bonds, if the Principal shall ply to the Obligee. the djfference nOl to exceed lhe penalty hereof between the amount 5pe~lfjed In ~d bid and such larger amount for which the Obligee may in good faith contract with another ~rty to perform the Work covered by said bid, then this obliplion shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 14th day of. November 19 95 ~u:.hROOD) Q\~ (Wlcn (Se&i) ~~~ (Wi ) I United States Fideli tv and Guaranty Corrn:>any (Surety) (Se&i) #/~~~ H. ~ct~ -. Attorney-in-Fact AlA DOCUMENT A31D . BID BOND.' AlA ~. FEBRUARY '970 ED . THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 .( , ~ 1 ! i I el I j I j I j i ei j ! , ej ~ l i l , ! I -, -, ; j ; j i ; ! -. -. I , _I -, i l I 1 _! -, ; , -.l 1046445 \ j j , United States FiderIty and Guaranty Company PGYm of AuDruey No. 109181 ~~ ~ U S F+G- IIIBHAle! Know aI .., by ttme Pf8SldS: ThiIt UIIi1M SIItM FideIiIr .., c..,.., ec.p.y. a COI'j)Clf3lion organized and lIIiszirG cniIr the laws d the Stale crt Mary\and and ~ its ~ llIfa at the City of llaItillare. iI the Sllna Gt MatyInl does lIniJy constilw and ~ H. Buck Leigh and G. A. Weathersby at the City of Co 1 umb ia . $1m at S Oll th Caro lina its we IIld IIwfW AzIcrTw,U~act. oach in thei' sepwl8 gpacjIy if more 1han one is named abGft. to s9l its name IS UlIIy 1ll. and to lIIIlCUl8. seal and actnawIedge atPf an:I a11lu1ds.lICenatilg:s. all1Ir.lCI:S n Cl1hlIr writtlll inswIwlls iI the na11n ltI8I8CIf CIl behar at the ~ in its busine:s:s at ~ lhe fideiI'( at pascns: ~ lhe petfannance at CllI1IraCU; and waaing Of ~ borI1s and IIldenaUIgS ~ ar I*'IIiUIlI i1-r adians ar I"~~ allcMllld by lIw. m wm.s wt.IClt. the said U.... S1a1M Fid.utr ...Ii......, c..,.,. has caused this inswnen[to be _led with Is cupcnte seal. duty attestlId by lhe si;JlatIns at is Vice Presidlrun:$ A=~.lIt SecnIl3ry.ltis 7 t h d2'( at Ap r il . A.D. 19 95 lSipi By lS'1Pd By. ..t-!. ..w~t.. . 00. "r.' ........................ '. ." Assislanl Secrelary Slat... U--'.~ J .,,:"'; . -,- ."---' SS: _ _ -~ ..... CIIr _ "..\ ~~. '\ \) " ';. '-;io- . , ,.. c.t lhis 7 t h rtIy at Ap r il . AD. t9 95 . befcn me ~'CIme JaM A. Hl.lSS. Vea Pnlsidenl at UaiIM SIDs Fidelity ... . .. - ~........ . ~ Surutr ea.p., nl Thcmas J. rltZgBt3ld. Assistint ~!" said~. wilIl bel!. at-.om 11m peaonaltt:, ~ who be"" bot me SMnIIy cUy swam. said. lhiIt they. the sail Jam A.. IUs and Thomas J. Fitzgelald WIll mspeaiweIy the Vea Ptesidll'l and the AssGra SctmIy1t lhe said UaDcI Saaaa FidIIi1r ... ~ c:o.,..,.lhe curpcnlion cI8scribed in al'd wIich sncUled ~ ~ ~ atAltimer.1hat they each.blsW ~ Seal of said corpcII3tiCll; 1hat the seal affrmd 1ll said PDww crt /l:1tmi1r was such ClIIpOIatB s8al. tbal.it Was So affllld by onieI: atb ~ at Dncu.rs ot.aaid ~ and1hat 1h8r signed thea-names 1herIto by lis order as Va PresidEd n Assistanl SecrIlary.~. at the~, \~,... ~"" "\: JV e.~ ~__..11th ~{ ~~1}~'~~H'H"H ~ . _ . ','_ NotaIy PIDIic =~ ,.-v\.~ 'This I'uMr at /lI:tJJtre( is ~ed l.Ilder and by~ at 1ba foIIooMng RescIIIions adopted by 1he Board of Dncun at l!le UailM StIta FideDtr ... 6uruIy eo.,., CIl Sepcllllblr 24. 1992: "" ~ lI'st i'l cameaicln wilh th! fllWiry IIIl Slnly.insuran:a IuirIsss of tIle~. aU bcnis.lnilrutings. CllIII"IdS IRllllher insNMnls raIaU1g to said business may be sig1ecj.lIDCWld. and ada10wIedged by pmons rz erllities ~ IS AnOlTl8'/lsHn-fad IJlnUInl tD a "- at Ntotrwtr i3sued iI aa:artIan:e wilh these rasolutians. Said ~ at ~ for and CIl behalf at the CcIinpany may and sI8A be IIICllllld iI the name and CIl behalf at the Clrnpany. eiIhBr by lhe Clairman. ar the President. ar an Eucutiwe Va President. Of a Senior Va PresiOd. rz a Va Presidert ar ., A=istart Va Presidell. joiltly with the SecrIlary ar III Assis1ant SecnItary. l.Ilderthei' /'ISPlIC!M desiptians. The signnIn of sr.ch otfars may be erqaved.lIrinled ar Iilhographed. The signatIn of each at the 'CII'lIOOing officln and the seal d the ~ may be affiDd by facsiIlile tD in( FWe-1II AnImI1( ar tD in( cuUale r8Iating therIIo appodilg MOllllII/\s}.CWad far IJIIPClS8S only at Il'K:lIli'9 iI WId attesting bonds aiIllllCiertm1gs allllher ~ obligatory i1lhe nann 1heraaf. nl. ~ ~Iy revolald nl Slbject to ." IIMati:lns SIt forth tllnIl, ." su:h Power of AltarrrtJy Of artifate blIiJring SII:h facsinile ~ 01' facsimile SIIII staB be 'R1id n biIdi'1tl upon the Company and in( su:h ~ so llXS:UtIld an:! artified by su:h facsimile sq,ann and ~ seal shall be wid and bnMg upon lhe Companof wiIlll1lSpeCtto in( bond ar lIlden3l:i1g to ~ it is validly ma:hed. RaeIn4. That AtlDme-t(sHMact staD nave the poww ana allhority. LIliess SlilsequentIy revoiad and. iI in( casa. SliIject to th! tIImIS an:Illnilatians at the ""-" III ArJmw1 ima:l to 1hem. tD em::ul8 arIli deliwllr CIl behalf d lhe ~ and to ana:h the seal at the Ccrnpany tD in( and II bcnls and lIIlert301gs. and G1her writi9 obl9;ltcry i1 th! nalln 1henIaf. and ItIt' Sldt imtnment mmed by su:h ~sHrW<<t shaD be IS bnfng upon lhe ~ as if s9wl by an Executiwe Offl:.. and saaied and I1IBSted to by the Secrcaty at the ~1Yf. l Thomas J. ~Id. an Assistn Secruy at the Ueiad S1nI$ FicWi!r .. GIWUtJ eo.,..,. do lllI'eby certify 1hat the fcngoilg in lN81Zl:ll1lltS from the Resolutials at the said Companv as adopted bot its Board at [WlICtcn CIl ~ 24. 1SSZ n 1hat tt.a Rasoll!ians., iI fUl fon:a n afflICt. l the IIdlnVwd As3ist1rt Sea8tIly at the UaitM S1ata FicW"~ MIl Gaarutr CoIapaay do ~ cwtify that the fcngoil'G PoMr of A.nomey is iI full fOlt8 and ethct and has not been moUc1 i1 Tc:tinony 'Mw8of. I have henulto set my hand alll~....... -. ~:_ Coo,... ~... 14th ciJy at N::M:m:er . 19 . . ~~~ ... ......!.~yoo.. .. ..... ........... .......... ;.~~ . As3istzl Sel:mary ~1.'1fI~ FS 3 {7-941 . . BID BOND . KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal; and as Surety, are hereby held and - - firmly bound unto the City of Augusta, Georgia, by and through its M:lyor and City Council as Owner in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this day of , 1995. Thl' conditi.oll of the above obligation is such that whc,n,as I_II" PrincipeJl has submitted to The City Council of Augusta, Georgia a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the Street Lighting Improvement Program - 11th and 12th Streets - Broad Street to Green Street City Reference No. 86-040 (P) 2. NO\.-' , THEREFORE, (8) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, BB - 1 . . then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated, . The Surety, for value received, hereby stipulates and ngrecs that the obligations of said Surety and its bond shall be in way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. . IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. (L. S. ) Principal . Surety . SEAL By: - - IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. - - - - - BB - 2 . . AGREEMENT THIS AGREEMENT, made this ~ Cj~ay of ~~ 199~, by and between the Augusta-Richmond County Commission- Council, as Successor by Consolidation to The City Council of - - Augusta (by and through its Mayor), hereinafter called "Owner" and Hebbard Electric, Inc. doing .business as (~~) or (~~) or (a - -- corporation) hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements as hereinafter mentioned: - 1. The Contractor will commence and complete construction for Street Lighting Program - 11th & 12th Streets, Broad Street to Greene Street, Reference 86-040(P)2. 2. The Contractor will furnish all material, supplies, tools, equipment, labor and other services necessary for the con- struction and completion of the project described herein. 3. The Contractor will commence the work required by the Con- tract Documents within ten (10) calendar days after the date of the Notice to Proceed and will complete same within 90 calendar days unless the period of completion is extended otherwise by the Contract Documents. 4. The Contractor agrees to perform all the work described in the Contract Documents for the sum of $ Thirty seven thousand six hundred thirty & NO/lOa ($ 37,630,00 ) . 5. The term "Contract Documents" means and includes the following: (a) Advertisement for Bids (b) Information for Bidders (c) Proposal (d) Bid Bond (e) Agreement (f) General Conditions (g) Supplemental General Conditions (h) Special Conditions (i) Payment Bond (j) Performance Bond (k) Notice of Award A - 2 . . (1) Notice to Proceed (m) Change Order (n) Drawings Prepared by OWner (0) Technical Specifications (p) Addenda: No. dated No. dated No. dated 199 199- 199 . 6. The OWner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. . 7. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. - - IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in 7 (number of copies) each of which shall be deemed an original on the date first above written. OWNER: COUNTY . TITLE: Mayor - - TITLE:~~~~~~ CONTRACTOR: e ;U~"0}t k BY: pi ~ NAME: mWH F Jr/rjJefi( (Print or Type) ADDRESS: 3jj.J to/7)P1t:/L~ f)/'I~(. AlIcu'rN 6-~ S!JftJf (/ / ..., :7 ~ .....~..." ~ ~"'-~':-:~-~'" ... -:...' ..... '..~'" "'\,\ ~ "'~..... ~ i _.::,':/~~ -~ ,..;\~ E l.SEAL)", ,:-: -;. \'-;0' ~v~~~f.~. _ ,~ (... ~ " 'e":. ,..._.~. -~ .....~~"'~t!1.. .~ - - NAME: J)~)) /rJe))Q~ J; (Type or Print) TITLE: !1cfib!#if A - 2 ':"':" ,,.... - ~ .. -.. ". ;~~ --... ----.. -'= .................... ~-.I..~ ..... -',' - ~-~. .\ NorE: \ \ .. ~ \. " I,' I ,\' - I I. . . PROVIDED, nlRTHER, ~hat no final Ilettlament bc-:wul"l' the Qwotlr and t:hCt Contuctor shalt abl."ic.ge the ri.ght of any beoE/.fl.ci.ary hel.-eundcr, w\lClSiC: cla.im may be unsatisfied. IN \JITNESS ;..'}ll::REOF I th1B instnUllt'lnt it $ucuted hi ~ ~) each one: 01 wbich shall be deemed an original, this the 11 . IB:Brter . 199~. .. ...-- ATrf.ST:. q/914A l ~--- . (Pr.incipal' 5 Secret:l1ry) . uy T\\1mbltr ()f COI'S u: , day of ~SEAL) 'L'1 t 1 /~ Address 3338 ~ Drive Au:tusta ~ -nro , a....~."""i'.. -' ~S ~s tp Pr1nc1p~1) . :JJ:ltI {u/?/,?JCA'(. O/V(!. . ,,4t14#d~ ~/i...'fJ~f (~Clrei8) LJ~ _,...... L. (Surety's S~crtlcary) thita:i states FicE1ity an:} Q:aranty O:np3ny (SUTClty) &)' jj, ~ J Juttf (AttornQ)'.':n.jo' .t.) (li~l.) '-/ Adc1reu ro B:oc 21~Xf Cbl~'292ii ..,.- ~W1 ~ ro B:oc 167 ~ =.Cblurbia, s:: 29224-4167 _R. (AC(lres t;) -.. ..... , ..-......... .~ Dace oC Buml DIUSl.. lIue Uti prior tu Iltlt~ u! CUUl.rII.Cl;. Ii COfltractor Ls Plul..ll~Lt>hlVI /ill PIUl.IltHS snoulc1 execut~ bond. IMPORTAN'I: surety cOlllpaulu ex.cueing bonds must appear on ::he Treasury DeparCnlenC'!l mosc: CUIItllll.. lhl.. (CitculelI: 570, liS Amende(1), ana ue .1luthorj.7.Etd co tran9Act: hus!ncu in \..htl 61.81.8 whe.re the project is locacetl. . I .' .1'E . Z '. 11 12788 95 7 ,:., PiRFDRMANCE BONn ALL l~r::~ BY THESE PRESENTS: 'rhat we ij:ttard F.11'r1".riC", Ire. .__.__ (N~me of Contr8cto~) 3338 O:mreroa Dri~ (Address) ~_~a '5HE I ;.1 '" CbrJ::x:lr;:lti CTl (C:orf'()L'Ill:\(\I~. Pnl'I'T\l~rl;hip or lmlividunl) hereinafter called PRINCIPAL. r .1 i I I " " ~md thita:l states Fic21itv am (}BraIltv Chm3nv, EO B:lX 210c0, Cblmbia, OC 29221 --. (~lIniP. And Address of Surety) :~ " \~ .\ hG1."sdnAfl:Ar called the "S\luty". are held and firru)y bound int:o the City of A\.\S"c:~.II. Georgia (by &nd through its Mayor and Ci ty Council), City-Count)' Municip",l Building. Augusta. Georgia 30911. herciMfter called "O~NER". i.n the penlll C:\lm nf 'Thirty-8eva1 'lll:usard Six HJ.n:]rerl 'Thirty am m!1COs 1 \, ,ji I :;~. ': ,.-- Dollars '\ji ($ _37,630.00 ) in lawful money of the United States, for the payment nf which sum will Clnd truly to be made. \olE! bind ourselves. Ollr .Sl.lc<.:eSSors. and assign~. j otntly llnd severally, firmly by thllse prRsents, THE CONDITION OF THIS O!LIGATION is such that' Whereas. the Principal entered into a.certain ,onttact \oIith the Owner, dated the lith day of ~r , 1995. Ii copy or ",hich is hereto attached and maM II part. cler~of for the construction of: ..1 The Street Li~bting Im~rovement Pro~tam, 11th and 12th Streets ~ Broad St~eet to Green Stre~~ City Reference No, 86-040 (P~ 2. NO~, THl:.RF:FORE, if the Principal snall. truly and faithfully pBrfol:11I its dulies. A 11 t.hp. \InrlAr'takings, covenants. terllls. condi ti.ons. and agl:ecments of sai d ~nnl:T'Rr.r. c1L1Ying the original term thereof. and any extention thereof which may hI'! gT'ROrAd hy the Owner, with or without notice to the Surety, and during the one YP.Rr' VIRrHnty period. and if he shall satisfy all claims and demands incurred l1nrlr>r <:II/".h r.nntrAc t, and shall fully ind~mnify and save harmless the Owner from illl roo;: I; And lIam.,~cs which it may sl.1ffer by nason or f.ailure i..o do so. and Shi.11 l'Elilllbursc ISml l'~pay the Ololner all outlay Qnd expense: IoIhi ch tl,u O\oIOE!r 111(1)' incur in mlll~1.ng good any default. then the obligation shall be void; otherwise tv remain ill full force and effect. , " l PROV1D~D, FURTHER, that the said Surety. for value raceived hel:eby stipulates and agrCles that no ellchange, extension of time, alteration or addition to the tum!; of the contract or to work to be performed thereunder or the specifications accompany ins the same. shall in any way affect its obligation on this bond, and i.L does herehy "'\live notice of any such change, extension of ti.me, alteration or addi don to the tcrlllfl of the contt"act or to the work or to the specifications. CIS 'rJj~~ 0 '7 Gi resida1t cg:nt PF. - l. ~ ( a.ddition to the! tet'l1\1. of the cont.rtir.:l. (lr \';0 the 'Work or to the specific.IIl-Ions. ._ PROVIDf:O, FURTlIl::R, that; no :l:'1nal settlemont between the Uwner 8l)C1 the Contrllct:(ll: 'shall abr1tl~(l. the right ..of any beneficiary hereunder, wh()s~ cll1jm nlay bt! unsatisfied. IN WITNESS \J1iJ::RIWF, t:hill 1nscr'unltll)r. J $I cxec:ut:ed 1n 8e'\Ia1 F--.2 nU/abu tit' cop Lt<~;, each one of which shall be deemed an original, this tho ~_ day o~ ra:art:er. 199'. . // 'p ATl'l:::~rl': .. . ~P'~~~~ 'lS t;A1.) .:.-~;- In; , '~ /Z&~ - (W1 ~ss ~!II. Lu Pri nc1 pal ) . ',JJ.Y' {L)?J/J? ~u t)t./~' 4~~~ 6.& .1?f:&>( Addrnsa;) H:ttard El.a:tri.c I Irx::. (~ ::t~-- -. - -.. --- -~: hcldt'c All 3338 Ctmrerce I:ti \Ie hmlst;a, ~a XYJ3 "nEST; -- 1D~ !JJJmm/j (Su~~ty's geer$t~TY) lhiterl states Fidilitv'anj ~l. Catp:my (f;urc: ty) 'Y Lt~~I~ (SEAL) ,- . . ~< .. -:'m/h/~~ >.~ sS a 0 Surety) ~~~ ,", %cg;~~~l~ 292244107 .:.=- 0-:- --:-""' (^"'dnn) '" ........ /" ."'-....... .. }::::-'. '\ /' -NOTE: Date of Bond must not be prior to date of Contract. lr Contraetor ia 'Partnerehip, all partner~ ehould ex~eut~ bend. Addrun ro ~ ~lOCO Cblurbia, ~ 29421 IMt'ORTAN't; Sure cy cOl1lpanios cxecutins bonds must appell1" on Lhe TTCcUlll.'Y Department's m05t current list (Circular 570, as Amended), and be authori~etl Lo trBns~c~ Lu~incls in the state ~'er~ the p~oject i~ loc~tcd. I j t , . o. I I PA. 2 ! . l r. PAYMENT ,~.OND KNO\J Al.L I1E!~ BY THF.SE PRESENTS: That....e H:ti:ard ~c, In::. tName or (;ontractol.') 3338 0::rmercE Iri \Ie (ACh.1r EJ$fl) ,. ~, ~_,:J:fm ....... J'..........-- a .,~al (Corporation, !'1l1'cnershLp or hotelna!cef r.alled PRINCIP~L, , lllca vidual) and lhiterl States Fide1itv nrrl ~];'lr;:lTltv ~ny. ro Jhc 21fn). Cblrrrhirl. 3::.W1 . (N~me and A66ress of ~urety hor81~fter c&11od t.:he "Surfl!:>,", l1r~ h(ll<1 and Urmly bO\lTld I t1I,t) dll: ell.)' ut Augusta, Gnar.gill (by a.no through l.t;S Hayor and cn)' COUlll.:J1), Cll.y-CuulIl.y Municipal Ih.il~1n&, Au g\.ISt8, Georg1.a 30911, here1.lllifl.tH c~l1l!u "O\.1NER", .i.1I \;\1" pennl sum of ,])irtv-Seve1 'Ih:::usarrl Six HtJrxtred Thirt;.y nrrl rn/1CXR Dul1..1I:1lI .~---,..... ($ '37,6:t:J.OO .,__ _) 1.n lAWful mone)' o( I.h" VLlll.."v Sl.-C1I:.ll<lO I r"I' eh" p.:lYITiol'lt _ of ~hjch ~um will ana truly 1.0 ~~ WHU~, W~ bind ou~aelve3. our suc,~~~or~, ~nd aSiliSns I jUlI1tly nm) sev€rally, riLlIIlj' by L111'::~t: present~, THE CONDll'lON U~. THIS OBLIGATION 15 t;uch \..hlill.. Wherllu I ~htl rd"df'~l' entcn~d into a certain cont:rac!:- wt~h the OWT\l:n, l!ttl.ItU Llal:: 11th day of D:i:artEr 1995. a copy uf whi.ch ts hereto at\:acheu IWU IRitUI: /J t'iH L be:L'~,uf CU1' die: constluction ot: The Strut UghtlnR Improvement Program - Hth and L2t.h S~re.!.u....:._~rrlad ~enll t ~ C~een ~tT6e~, C1ty Keterence No. 86-040 (r) z. NO\J I THEltEFuRJ::, 11 the E'r1nclpal shall 'Pl.'ompl.ly WIl\r,,, VUYWC:lll. \,v .,11 1'__l:M',n"', f1J:ms I llubcunt:ractors and corpOral..l.vlIlf, [ULLlllohll'& l1I.tt<l-1al for or pC:l1:fo1.-mit'l~ labo'[ in tbe prosecllt1on of loll\! \lIV(\r, ~1l:ovidEtd fOl' in .such contrLlc\'. 4n(t lIny 8uthorU~"d ~xt;*,n91on or l1IuIUfl\;iit.1on thereof, ine1.I.l<!1.n& All amoullt~ due fOl' mater.1al, .Luhr1can\;s, un, ISI:I!olin.. coal And coke. repair" 0" mnchincry, eq\llpment: and toolti, c,;llIlliUWtld 01." \.111cd in Gonnection wlth the con::tt:ruCl:ion of uucb 'oIor.k And (11) 1nGUrllfll;W I't\JluhulIl> <1\'1 snid work und fell:' a) 1 1 nbol'. pC' l' tOl'IIICd in 3\lch ....ork whether hy SUbC(.lt\l.t.U~,"UL ul: vther\l/i..~. ChCll Chis (.bligoti.ol'l .~d\1l11 be: void, ocherw1.se t(l rcmain ill. full tvn:e and effect. " ',I,. fKO\llDl.O, FU\\1liF.R, dUll. 1.11. .1l1:l1d 3unty I fo~ VIl1.UC neei VM1 h~,'('Ctby 1St: 1 flullltcl'l nnd A&reeS t:hat no exc'hllnge, tlx.~~1I~1vt"1 of time I altcration' OJ: addi t.iC\o t.C\ the r.ermll 01 the contnlct: or to work \;0 l;tt pu,ful:IlI"c) thercundc'l: 0\- the spl:<:i.tic.Q\:i.c)l\~ I1CC(lIapi\n)'ing \..1l~1 SlllUC. shall 1n any Vii] Ilrrl.l!;l. It:. uuli~cJtiol' 011 t.lli~. \:.IVI'ld, . .,n.:l it does hcrtO)' waive not;1ce'of 8l1)' l;Iul.:h dlt1Ul!.~, l!Jxt.emsio\"l of tim~:, c.'Ilt'.E:1."t\tio\1 ('I: .~ \ 'fA - 1 ,~ .. 1046476 United States Fidelity and Guaranty Company Power of Attorney No. 109181 .#~ U S F+G. -,i IISURAH[ r- Know aD men by these pllIS8ItS: That UIII18d SIatu Fidelity ud GlIIlAlIIr ~,a COIJIOI3tion organized and existil'G under the laws of the State of Maryland and havi1g its principal office at the City of Baltimore. in the State of Maryland, does her8by constitute and appoint H. Buck Le igh and G. A.Weathersby of the City of Columbia . State of South Carolina its true and lawful Attorney(s).in.fact. each in their separate capacity if more than one is named above. to s91 its name as SlAty to. and to execute. seal and acl:nowf~ any and all bonds, undertakings, CU1lraCtS and other written insll\Jl1\llntS in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of peISOIlS; gual3lUeeil'G the petformance of contracts; and executil'G or guaranteeing bonds and lIldeItakings required or permitted in aD( actions or proc8edings allowed by law. In Wrtness Whereof, the said UIlItH Stat.. FicIeIity ud Glllralllr CoIIpallJ, has caused this instnment to be sealed with its corporate seal, duly attested by thes~ of ils Va President and Assistant SecrelaIy. tlis 7th day II April . A.D. 19 9S (SignecI By ~- ~ .ay~t . ,., <t~~ . ~\-'\) Onthis 7 th dayof Apr~l .~(11J 9S . before lll8~~Jv~lll8 Jchn A.Hlm, VICe President of Ulliled StallS Fidelity aad Gl&UlIlIty CoaapaIIJ and Thomas J. fltZgerald. Assis1ant ~tarG~id Company, with !R!!!.. ~m I am personally ~ed, who being by me severally duly sworn. said. that they. the said Johl A. Huss and Thomas J. F'lt1g8la_~~ively the Va ~~nd the Assistant Sf:f~';'V~ said Ullad StatllS Fidelity aad GlI8/'Iatr Compaq, the COlpOration described in and which~~lhe foregoi~~~; that they eac.1I~itseal of said COlpOl3tion; that the seal affIXed to said Power of Attorney was such corporate seal, ~ ~ so affixed by ord BOard of Directors Jt~ ~ation. ancf that they signed their names thereto by like order as VIC8 President and Assi3tant Secretary. respectIVely. of the C. ~ ~ 'V MyConmissionaxpiresthe 11th dayil ~. rch ~91J~p f1 ' S ~~~~..~. . ~o~JI,.~,;;;;p;,;j. This Power of Attorney is IJ3nted under and . of the following Resolutions adopted by the Board of Directors of the UDite4 States Fiderlty aDd Guarallty Com,.., OIl September 24.1992: Resolved. that in connec:ticn with the fidelity and surety insurance business of the Company, all bonds. undertakings. contracts and other instruments relating to said business may be sigled. executed. and aclalowIedged by persons or entities appomed as AttOl1l8'/lsHn-fad plXSUlm to a Power of Attorney i$Sued in acconlarce wi1h these resolutions. Said Powmls) of Attorney for and on behalf of the Cainpany may ancf shall be 8XlICuted in the name and on behalf of the Company, either by the Chairman. or the President. or an Executive 'fa President. or a Senior VICe President or a VICe President or an Assistanr VICe President. jointly with the Secr81ary or an Assistant Secretary, lIlder their respective desilJl3lions. The signature of su:h officers may be engraved. printed or lithographed. The signatU'e of each of the foregoing officers am the seal of the Company may be affIXed by facsimile to ant Power of Attorney or to any certifICate relating thereto appointing Attomey(s~act for PlI'\lOS8$ only at executing in and attesting bonds and lIldertakings ancf other wr~ obfigatory in the nature thereat. and, 1II1ess subs8Q\Jently revoked and subject to aJrf limitations set for1h therein. any SlJ:h Power of Attorney or certifICate bearil'G such facsimile silJliltuT8 or facsimile seal shall be valii and binding upon the Company and aJrf su:h power so executed and cartified by such facsimile signature and facsimile seal shall be va6d and binding ~ the Compal'lf with respect.to any bord or lIldertaUlg to v.tlich it is validly attached. Resolve4, That Attome'l<s~Fact shall have the power and authority. 1II1ess subsequently revoked and. in aJrf case. subject to the terms am limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and an bonds and undertakings. and other writings obl~ory in the nature there<<, and any SII:h instn.ment 8XlICuted by such Attomey(sH~Fact shall be as binding ~ the Company as if signed by an Executive Officer and sealed and attested to by the Secrstary of the CompaIYf. llhomas J. rltZg8rald. an Assistant Secretaty of the UDiIDd $talas FicIeIitr 11I4 G..raaty Compaay, do hereby certify that the foregoing are tI\le excerpts from the Resolutions of the said Company as adopted by its Board of Directors on September 24. 1992 and that these Resoh.<<ions are in full force and effect I, the undersigned Assistant Secretary of the Ullitad States Rdelitr aad GlIII'aDty CoIlPllllY do hereby catitythat the foregoil'G Power at Attorney is in full fOlte and effect and has not been revokBd. . 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OJ .10 J:>E'.:IJuo:> aqJ JO SID.1aJ aqJ OJ U01J1PpB .l0 u01JB~aJIE' 'aID1J JO U01sua::lxa 'a2u-eq:>xa ou JE'qJ saa.12E' PUE' saJBlndlJS Aqa.1aq pa^1a:Ja~ anlB^ ~OJ 'AJa~ns P1BS aqJ JE'qJ 'C!3H.L~n~ '030I^O~d . 1 - 3d - PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any, beneficiary hereunder, whose claim may be unsatisfied. . IN ~ITNESS ~~EREOF, this instrument is executed in each one of which shall be deemed an original, this the , 1995. number of copies, day of ATTEST: - - (Principal) (Principal's Secretary) By ( SEAL) Title - Address (~itness as to Principal) (Address) ATTEST: (Surety) (Surety's Secretary) By (Attorney-In-Fact) (SEAL) (Witness as to Surety) Address (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond, IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as Amended), and be authorized to transact business in the state where the project is located. - -- PE - 2 . PAYMENT BOND . KNOW ALL MEt: BY THESE PRESENTS: That we (Name of Contractor) a - (Address) - a hereinafter called PRINCIPAL, (Corporation, Partnership or Individual) and (Name and Address of Surety) .-. - hereinafter called the "Surety", are held and firmly bound into the City of Augusta, Georgia (by and through its Mayor and City Council), City-County Municipal Btiilding, Augusta, Georgia 30911, hereinafter called "O~~ER", in the penal sum of Dollar.s - ($ ) in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our successors, and assigns, jointly and severally, firmly by these presents. - THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with .the Owner, dated the day of 1995, a co!)y of which is hereto attached and made a part hereof for the construction of: The Street l.ighting Improvement Program - 11th and 12th Streets - Broad Street to Green Street, City Reference No, 86-040 (P) 2, - . NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors and corporations, furnishing material for or performing labor in the prosecution of the work provided for in such contract and any authorized extension or modification thereof, including all amounts due for ma terial, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and :001s, consumed or used in connection with the construction of such work and all insurance premiums on said work and for all labor performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. - .... - .... PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no exchange, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligation on this bond, and it does her~by waive notice of any such change, extension of time, alteration or PA - 1 . .' . addition to the terms of the contract or to the work or to the specifications. . PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instnunent is executed in each one of which shall be deemed an original, this the , 1995. number of copies, day of ATTEST: . (Principal) (Principal's Secretary) By ( SEAL) Title .- Address (Witn~ss as to Principal) (Address) .- -- ATTEST: (Surety) - (Surety's Secretary) By (Attorney-In-Fact) (SEAL) Address (Witness as to Surety) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as Amended), and be authorized to transact business in the state where the project is located. PA - 2 - - - CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, ~ ~. ~ D the duly aut~orized and acting legal representative of 0lAq t^tC.. Q..iQJ\~ en!,l dC' ' do hereby cert i fy as -- follows: - I have examined the attached contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their d4ly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Date: ~Wctu - OA - 1 . . NOTICE TO PROCEED Date ..... - To: - -- PROJECT: The Street Liqhtinq Improvement Proqram - 11th and 12th Streets - Broad Street to Green Street, City Reference No. 80-040 (P) 2. You are hereby notified to commence work in accordance with the Agreement dated , 1995, on or before , 1995, and you - - are to complete the work within consecutive calendar days thereafter. The date of completion of all work is therefore , 1995. - THE CITY COUNCIL OF AUGUSTA, GEORGIA By Title - ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged on .. this the day of , 1993. By Tit 1 e .... ..... NP - 1 .-. NOTICE OF AWARD To: - -- PROJECT DESCRIPTION: The Street LiRhtinR Improvement ProRram - 11th and 12th Streets - Broad Street to Green Street, City Ref, No. 86-040 (P) 2. TI1e OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated , 1995, and information for Bidders, You are hereby notified that your BID has been accepted for items in the amount of You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond within ten calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said bonds within ten days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as 'a forfeiture of your Bid Bond, The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledge copy of this NOTICE OF AWARD to the ,OWNER. Dated this day of , 1995. THE CITY COUNCIL OF AUGUSTA, GEORGIA .-. -- By Ti tIe ACCEPTANCE OF NOTICE - Receipt of the above NOTICE OF AWARD is hereby acknowledged on day of , 1994. this .-. By Title .-. .-. NA -1 .-. ..... 1. Contract and Contract Documents GENERAL CONDITIONS - - The project to be constructed pursuant to this contract will be financed with assistance from the Department of Housing and Urban Development and is subject to all applicable Federal laws and regulations. The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the supplemental General Conditions shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. .-. ..... 1. Contract and Contract Documents 2. Definitions 3. Additional Instruction and Detail Drawings 4. Shop or Setting Drawings 5. Materials, Services, and Facilities 6. Contractor's Title to Materials 7. Inspection end Testing of Materials 8. "Or Equal" Clause 9. Patents 10. Surveys, Permits and Regulations 11. Contractor's Obligations 12. Weather Conditions 13. Protect i on of Work. and Property Emergency 14. Inspection 15. Reports, Records and Data 16. Superintendence by Contractor 17. Changes in Work 18. Extras 19. Time for Completion and Liquidated Damages 20. Correction of Work 21. Subsurface Conditions found Different 22. Claims for Extra Cost 23. Right of Owner to Terminate Contract 24. Construction Schedule and Periodic Estimates 25. Payments to Contractor 26. Acceptance of Fi na 1 Payment as Release 27. Payments by Contractor ..... - ..... Contents 28. Insurance 29. Contract Security 30. Additional or Substitute Bond 31. Assignments 32. Mutual Responsibility of Contractor 33. Separate Contracts 34. Subcontracting 35. Engi neer' s Authori ty 36. Stated Allowances 37. Use of Premises and Removal of Debris 38. Quantities of Estimate 39. Lands and Rights-of-Way 40. General Guaranty 41. Conflicting Conditions 42. Notice and Service Thereof 43. Required Provisions Deemed Inserted 44. Protection of Lives and Health 45. Subcontracts 46. Use Prior to Owner's Acceptance 47. Photographs 48. Suspension of Work 49. Equal Employment Opportunity 50. Interest of certain Federal Official 51. Other Prohibited Interests 52. Affirmative Action Program 53. Compliance w/Air & Water Acts 54. Section 3 of HUD Act 55. Federal Labor Standards Provisions 56. Contract Termination; Debarment 57. Elimination of Lead-Based Paint Hazards 58. Compliance with Energy Policy and Conservation Act 59. Compliance with The Rehabilitation Act of 1973, as amended GC - 1 . . . - - - - - - 4. 2. Definition The following terms as used in this contract are respectively defined as follows: (a) (b) HContractorll: A person, firm or corporation with whom the contract is made by the Owner. .Subcontractoru: A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate contract or agreement with, the Contractor. HWork on (at) the projectu: Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. (c) 3. Additional Instructions and Detail Drawings The Contractor will be furnished additional instruction sand detail drawings as necessary to carry out the work included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The Contractor shall carry out the work in accordance wi th the add it i ona 1 deta i 1 drawi ngs and instructions. The Contractor and the Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Engineer in accordance with said schedule, and (b ) a schedule fixing the respective dates for the submission of shop drawTngs, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. Shop or Setting Drawings The Contractor shall submit promptly to the Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Engineer and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Engi neer wi th two corrected copi es. If requested by the Engi neer the Contractor must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Engineer, the Contractor will neverthe 1 ess be res pons i b 1 e for the accuracy of such drawi ngs and for their conformity to the Plans and Specifications, unless he notifies the Engineer in writing of any deviations at the time he furnishes such drawings. GC-2 5. Materials, Services and Facilities It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provi de and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature, and all other servi ces and facil it i es of every nature whatsoever necessary to execute, complete, and del iver the worle within the specified time. . Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the Owner. 6. Contractor's Title to Materials (a) (b) No materials or supplies for the worle shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has 900d title to all materials and supplies used by him in the worle free from all liens, claims or encumbrances. 7. Inspection and Testing of Materials (a) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner will pay for all laboratory inspection service direct, and not as a part of the contract. (b) Materials of construction, particularly those upon which the strength and durabi 1 i ty of the structure may depend, shall be subject to inspection and testing to establ ish conformance with specifications and suitability for uses intended. 8. "Or Equal" Clause - -- Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard: and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Engineer's written approval. Patents 9. (a) The Contractor shall hold and save the Owner and its officers, agents, servants, and employees harml ess from 1 i abi 1 i ty of any nature or kind, including cost and expenses for, or on account of, GC-3 any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the contract, including its use by the Owner, unless otherwise specifically stipulated .in the Contract Documents. License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his authorized licensee, direct by the Owner and not by or through the Contractor. If the Contractor uses any design, device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design, device or material. It is mutually agreed and understood, that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this contract, and shall indemnify the Owner for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosection of the work or after completion of the work. 10. Surveys, Permits and Regulations (c) (b) Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the Contractor all surveys necessary for the execution of the work. The Contractor shall procure and pay all permits, licenses and approvals necessary for the execution of his contract. The Contractor shall comply with all laws, ordinances, rules, orders, and regulations relating to performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities. 11. Contractor's Obligations The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facil ities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract, within the time herein specified, in accordance with the provisions of this contract, within the time herein specified, in accordance with the plans and drawings covered by this contract any and all supplement plans and drawings, and in accordance with the directions of the Engineer as given from time to time during the progress of the work He shall furnish, erect, maintain, and remove such construction plant and such temporary works as may be required. - -- GC-4 ..:... The Contractor shall observe, comply with, and be subject to all terms, condition, requirements, and limitations of the contract and specifications, and shall do, carryon, and complete the entire worK to the satisfaction of the Engineer and the Owner. 12. Weather Conditions In the event of temporary suspension of worK, or during inclement weather, or whenever the Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their worK and materials against damage or injury from the weather. If, in the opinion of the Engi neer, any worK or materi a 1 s shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors so to protect his worK, such materials shall be removed and replaced at the expense of the Contractor. 13. Protection of WorK and Property --Emergency The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this contract. He shall at all times safely guard and protect his own worK, and that of adjacent property from damage. The Contractor shall replace or maKe good any such damage, loss or injury unless such be caused directly by errors contained in the contract or by the Owner, or his dUly authorized representatives. In cases of an emergency which threatens loss or injury or property, and/or safety of life, the Contractor will be allowed to act, without previous instructions from the Engineer, in a diligent manner. He shall notify the Engineer immediately thereafter. Any claim for compensation by the Contractor due to such extra worK shall be promptly submitted to the Engineer for approval. Where the Contractor has not taKen action but has notified the Engineer or an emergency threatening injury to persons or damage to the worK or any adjoi ni ng property, he shall act as instructed or authori zed by the Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 17 of General Conditions. 14. Inspection The authorized representatives and agents of the Department of Housing and Urban Development shall be permitted to inspect all worK, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. GC-5 15. Reports.. Records, and Data The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning work performed or to be performed under this contract. 16. Superintendence by Contractor At the site of the work the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payro 11 . 17. Changes in Worle No changes in the worle covered by the approved Contract Documents shall be made without havi ng pri or wri tten approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination of the following methods: (a) Unit bid prices previously approved. (b) An agreed lump sum. (c) The actual cost of: 1. Labor, including foremen; 2. Materials entering permanently into the worle; 3. The ownership of rental cost of construction plant and equipment during the time of use on the extra work; 4. Power and consumable suppl ies for the operation of power equipment; 5. Insurance; 6. Social Security and old age and unemployment contributions. To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the actual cost of the worle. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 18. Extras Without invalidating the contract, the Owner may order extra worle or make changes by altering, adding to or deducting from the worle, the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the worle of the Ieind bid upon shall be paid for at the price stipulated in the proposal, and no claims GC - 6 for any extra worK or materials shall be allowed unless the worK is ordered in writing by the Owner or its Engineer, acting officially for the Owner, and the price is stated in such order. 19. Time for Completion and Liquidated Damages It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further mutually understood and agreed that the worK embraced in thi s contract shall be commenced on a date to be specified in the "Notice to Proceed.- The Contractor agrees that said worK shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the t)me for the completion of the worK described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this contract, to pay to the Owner the amount specified in the contract, not as a penalty but as 1 iquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Ow~er because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from. time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of thi s contract Provi ded, that the Contractor shall not be charged with liquidated damages or any excess or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: GC-7 . . . . . . . 21. - - ... - (a) To any preference, priority or allocation order duly issued by the Government; (b) To unforeseeable case beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and (c) To any delays of Subcontractors or suppliers occasioned by any of the cases specified in subsections (a) and (b) of this article: Provided. further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, in writing, of the cases of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. 20. Correction of Work All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture, and methods of construction for the purposes for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the Contractor at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgement of the Engineer shall be equitable. Sub-surface Conditions Found Different Should the Contractor encounter sub-surface and/or latent conditions at the sit materially differing from those. shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions before they are disturbed. The Engineer will thereupon promptly investigate the conditions, and if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted ; n the manner prov; ded in Paragraph 17 of the General Conditions. GC-8 22. Claims for Extra Cost No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order of the Engineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 17(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner, give the Owner access to accounts relating thereto. 23. Right of the Owner to Terminate Contract In the event that any of the provisions of this contract are violated by the Contractor, or by any of hi s subcontractors, the Owner may serve written notice upon the Contractor and the Surety ~f its intention to termi n\lte the contract, such not ices to conta in the reasons for such intention to terminate the contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the contract: Provi ded, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner ther.eby, and in such event the Owner may take possession of and util ize in . completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore. 24. Construction Schedule and Periodic Estimates Immediately after execution and delivery of the contract, and before the first partial payment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs .employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price. GC-9 . 25. Paymer.t to Contractor . . . . . (d) . . . -. (a) ~ot later than the 15th day of each calendar month the Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this contract, but to insure the proper performance of thi s contract, the Owner shall reta in ten percent (10%) of the amount of each estimate until final completion and acceptance of all worK covered by this contract: Provided, that the Contractor shall submit his estimate not later than the first day 0 f the month; Provi ded. further, that the Owner at any time after fifty percent (50%) of the worK has been completed, if it finds that satisfactory progress is being made, may maKe any of the rema i ni ng progress payments in full; Provi ded. further, that on completion and acceptance of each separate building, public worK, or other division of the contract, on which the price is stated separately in the contract, payment may be made in full, including retained percentages thereon, less authorized deductions. In preparing estimates the material del ivered on the site and preparatory worK done may be taKen into consideration. A11 material and worK covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and worK upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the contract. (b) (c) Owner's RiQht to Withhold Certain Amounts and MaKe ADDl ication Thereof: The Contractor agrees that the will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnisher of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If the Contractor fails so to do, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written notice, direct, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obl igations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made GC - 10 by the Owner shall be cons i dered as a payment made under the contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payment made in good faith. 26. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of fi na 1 payment sha 11 be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and negl ect of the Owner and others re 1 at i n9 to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this contract or the Performance and Payment Bond. 27. Payments by Contractor The Contr'actor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month following that in which services are rendered, (b) for all materials, tools, and other expendable equipment to the extent of ninety percent (90%) of the cost thereof, not later tnan the 20th day of the calendar month following that in which such materials, tools, and equipment are delivered at the site of the project, and the balance of the cost thereof, not later than the 30th day following the completion of that part of the work in or on which such materials, tools, and equipment are incorporated or used, and (c) to each of his subcontractors, not later than the 5th day following each payment to the Contractor, the respective amounts allowed the Contractor on account of the work performed by his subcontractors to the extent of each subcontractor's interest therein. 28. Insurance The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. (a) Compensation Insurance: The Contractor shall procure and shall maintain during the life of this contract Workmen's Compensation Insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmen's compensation Statute, the Contractor shall provide and shall cause GC - 11 (e) ( f) ~ach subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (b) Contractor's Public Liability and Property Damaqe Insurance and yehicle liability Insurance: The Contractor shall procure and shall maintain during the life of this contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Supplemental General Conditions. (c) Subcontractor's Public liability and Property DamaQe Insurance and Vehicle liability Insurance: The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplemental General Conditions specified in subparagraph (b) hereof or, (2) insure the activities of his policy, specified in subparagraph (b) hereof. Scope of Insurance and Special Hazard: The insurance required under subparagraphs (b) and (c) here of shall provide adequate protection for the Contractor and his subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him and, also against any of the special hazards which may be encountered in the performance of this contract as enumerated in the Supplemental General Conditions. (d) Buil der' s Ri sic Insurance (Fi re and Extended Coveraqe): Unt il the project is compl eted and accepted by the Owner, the Owner, or Contractor (at the Owner's option as 'indicated in the Supplemental General Conditions, Form HUD-4238-N) is required to maintain Builder's Rislc Insurance (fire and extended coverage on a 100 percent (100%) completed value basis on the insurable potion of the project for the benefit of the Owner, the Contractor, subcontractor as their interests may appear. The Contractor shall not include any costs for Buil der' s Ri sic Insurance (fi re and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from hi obligation to complete, according to plans and specifications, the project covered by the contract, and the Contractor and his Surety shall be obligated to full performance of the Contractors undertaking. Proof of Carriaqe of Insurance: The Contractor shall furnish the Owner with certificates showing the type, amount, class of ~perations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the GC - 12 . . following statement: liThe insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the Owner." 29. Contract Security . The Contractor shall furnish a performance bond in an amount at lease equal to one hundred percent (100%) of the contract prices as security for the faithful performance of this contract and also a payment bond in an amount not less than that prescribed by State, territorial or local law, as security for the payment of all persons performing labor on the project under this contract and furnishing material in connection with this contract. The performance bond and the payment bond may be in one or in separate instruments in accordance with local law. . 30. Additional or Substitute Bond . If at any time the Owner for justifiable cause shall be or become dissatisfied with any surety or sureties, then upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the Owner so to do, substitute an acceptable bond (or bonds) in such form and sum and signed 'by such other surety or sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished such an acceptable bond to the Owner. . 31. Assignments The Contractor shall not assign the whole or any part of this contract or any moneys due or to become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of any moneys due or to become due under this contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any moneys due or to become due to the Contractor shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this contract. . . 32. Mutual R2sponsibility of Contractors . If, through acts of negl ect on the part of the contractor, any other contractor or any subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or subcontractor by agreement or arbitration if such other Contractor or subcontractors will so settle. If such other contractor or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. . GC - 13 . . 33. Separate Contract . The contractor shall coordinate his operations with those of other Contractors. Cooperation will be requi red in the arrangement for the storage of materials and in the detailed execution of the worle The Contractor., including his subcontractors, shall keep informed of the progress and the deta il work of other Contractors and sha 11 notify the Engineer immediately of lack of progress or defective workmanship on the . part of other Contractors. Failure of a contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defecti veworlananshi p by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. - - 34. Subcontl'acting (a) The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors. - - (b) The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require. (c) The Contractor shall be as fully responsible to the Owner for the acts and omi ss ions of hi s subcontractor, and of persons ei ther directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other contract documents insofar as appl i cabl e to the work of subcontractors and to g; ve the Contractor the same power as regards termi nat i ng any subcontract that the Owner may exercise over the Contractor under any provision of the contract documents. (e) Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner. 35. Engi neer' s Authori ty The Engineer shall give all orders and directions contemplated under this contract and specifications, relative to the execution of the work. The Engine~r shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under this contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Engineer's estimates and decisions shall be the construction thereof. The Engineer's estimates and GC - 14 . . . - -- 36. - -- .- -- 37. .- .. - .- -- decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said contract or specifications, the determination or decision of the Engineer shall be a condition precedent to the right of the Contractor to recei ve any money or payment for worK under thi s contract affected in any manner or to any extent by such question. The Engineer shall decide the meaning and intent of any portion of the specifications and of any plan or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this contract and other Contractors performi ng work for the Owner shall be adjusted and determi ned by the Engineer. Stated Allowances The Contractor shall include in his proposal the cash allowances stated in the Supplemental General Conditions. The Contractor shall purchase the M~llowed MaterialsM as directed by the Owner on the basis of the lowest and best bid of at least three competitive bids. If the actual price for purchasing the uAllowed Materials" is more or less than the "Cash Allowance," the contract price shall be adjusted accordingly. The adjustment in contract price shall be made on the basis of the purchase price without additional charge for overhead, profit, insurance or any other incidental expenses. The cost of installation of the "Allowed Materials" shall be included in the applicable sections of the Contract Specifications covering this work. Use of Premises and Removal of Debris The Contractor expressly undertakes at this own expense: (a) to take every precaution against injuries to persons or damage to property; (b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors; (c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; (d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that all times the site of the work shall present a neat, orderly and workmanlike appearance. (e) before final payment to remove all surplus material, false-work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; GC - 15 . .' . - -. - - - .. .. -- 41. - 42. - - (f) to effect all cutting, fitting or patching of his work required to make the same to conform to the plans and specifications and, except with the consent of the Engineer, not to cut or otherwise alter the work of any other Contractor. 38. Quantities of Estimates Wherever the estimated quantities of worK to be done and materials to be furnished under this contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the worK contemplated by this contract, and such increase or diminution shall in no way vitiate this contract, nor shall any such increase or diminution give cause for claims or liability for damages. 39. Lands and Right-of-Way 40. Prior to the start of construction, the Owner shall obtain all lands and rights-of-way necessary for the carrying out and completion of work to be performed under this contract. General Guaranty Nei ther the fi na 1 certifi cate of payment nor any provi s i on in the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will give notice of observed defects with reasonable promptness. Conflicting Conditions Any provisions in any of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency. Notice and Service Thereof Any notice to any Contractor from the Owner relative to any part of this contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the said Contractor at his last given address, or delivered in person to the said Contractor or his authorized representative on the work. GC - 16 .- . 43. Provisions Required by Law Deemed Inserted .Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforces as though it were included herein, and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the appl ication of either party the contruct shall forthwith be physically amended to make such insertion or correction. . eo 44. Protection of Lives and Health -. -. In order to protect the 1 ives and health of hi s employees under the contract, the Contractor shall comply with all pertinent provisions of the "Manual of Accident Prevention in Construction" iss~es by the Associated General Contractors of America, Inc., and shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the contract. He alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods, and for any damage which may result from their failure or their improper construction, maintenance or operation. .- - 45. Subcontracts - The Contractor will insert in any subcontracts the sections 49 through 55' contained herein and such other clauses as the Department of Housing and Urban Development may, by instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. -. 46. Use and Occupancy Prior to Acceptance by Owner The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the Owner, provided the Owner: -. (a) Secures written consent of the Contractor except in the event, in the opi ni on of the Engi neer, the Contractor is chargeabl e wi th unwarranted delay in final cleanup of punch list items.or other ~ontract requirements. (b) Secures endorsement from the insurance-carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construction, or, (c) When the project consists of more than one building, and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit to complete construction. Consent of the surety must also be obtained. GC - 17 -. - 47. Photographs of the Project If requi red by the Owner, the Contractor shall furni sh photographs of the project, in the quantities and as described in the Supplemental General Conditions. . 48. Suspension of Work Should the Owner be prevented or enjoined from proceeding with work either before or after the start of construction by reason of any litigation or other teas on beyond the control of the Owner, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing. . -- 49. Equal Employment Opportunity -- DOring the performance of this contract the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affirmative action to ensure that . applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, 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, creed, color, or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provlslons of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. GC - 18 - ,., . - - .- - (7) - (5) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to as certain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncomp 1 i ance wi th the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, 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, in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed ~nd remedies invoked as provided in Executive order No. 11246 of September 24, 1965, or by rul e,. regul at i on or order of the Secretary of Labor, or as otherwise provided by law. The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 ~f Executive Order No. 11246 of September 24, 1965, so that such provi s ions wi 11 be bi ndi ng upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided. however. that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department of Housing and Urban Development, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The above provi s ions extracted from Executive Order 11246 dated September 24, 1965. 50. Interest of Certain Federal Officials No member of or Delegate to The Congress of The United States, and no resident corrunissioner shall be admitted to any share or part of this contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 51. Interest of Members, Officers, or' Employees of the City, Members of Local Governing Body or Other Public Official. No member, officer, or employee of this city or its designers or agents, no member of the governing body of the locality in which the program is GC - 19 situated, and no other public official of such locality or localities who exerclses any functions or responsibilities with respect to the program durin~ his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, the proceeds thereof, for work to be preformed in connection with the program. 52. Affirmative Action Program In compliance with rules and regulations of the Department of Housing and Urban Development, Title 24 CFR, part 135, and the included copy of 41 CFR Part 60-4, the contractor and subcontractor must develop a written affirmative action program under Executive Order 11246, which is subject to review and approval by HUD. A WRITTEN AFFIRMATIVE ACTION PROGRAM MST BE SUBMITTED TO THE ENGINEER PRIOR TO THE SIGNING OF THE AGREEMENT. A sample written affirmative action program is available upon request at the office of the Engineer or from the Department of Community Development, One 10th Street, Suite 430, Augusta, Georgia 30901. 53. Compliance with Air and Water Acts This contract is subject to the reqirements of the Clean Air Act, as amended, 422 SC 1857 et seq., The Federal Water Polltion Control Act, as amended, 33 SC 151 et seq., and the regul at ions. of the Envi ronmenta 1 Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations: (1) The Contractor shall require of subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcontract ;s not listed on the List of Violating Facilities issued by the Envi ronmenta 1 Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) The Contractor will comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and section 308 of the Federal Water Polltion Control Act as amended, (330 SC 1318) relating to inspection, monitoring, entry, reports, and information, ~s well as all other reqirements specified in said section 114 and section 308, and all regulations and guidelines issued thereunder. (3) The Contractor will provide prompt notice of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. GC - 20 . (4) - The Contractor will include or cause to be included the criteria and requirements to paragraph (1) through (4) of this section in every nonexempt subcontract and take such action as the Government will direct as a means of enforcing such provisions. SECTION 3 CLAUSE OF THE URBAN DEVELOPMENT ACT OF 1968 b. ) c. ) d. ) e. ) a. ) The worle to be performed under thi s contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of section 3 of the Hosing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu. Section 3 requires that to the .greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. ihe Contractor wil 1 send to each 1 abor organi zati on or representative or workers with which he has a collective bargain <.greement or other contract or understand ing, if any, a not ice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Par 135. The Contractor wi 11 not subcontract wi th any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a pieliminary statement of ability to comply with the requirements of these regulations. Compliance with the prOV1Slons of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, GC - 21 shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, it's contractors and subcontractors, its successors, and assigns to those sanct ions speci fi ed by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Par 135. The above provi s ions. extracted from 38 F. R. 29222 Sec. 135.20, dated October 23, 1973. 55. Federal labor Standards Provisions This Project to which the work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 56. Contract Termination; Debarment A breach of Sections 45 and 55 may be grounds for termi nat i on of the contract and for debarment as provided in 29 CFR 5.6. 57. Elimination of lead-bases Paint Hazards A. In compliance with the prohibition of use of lead-based paint in new construct i on and rehabil i tat ion, the CONTRACTOR shall not se or permit the use of paint containing more than 0.06 percent lead by weight (calculated as lead metal) in the total nonvolatile content of liquid paints, or in the dried film, of paint already applied on all interior surfaces whether accessible or not, and those exterior surfaces such as stairs, decks, porches, ra i 1 i ngs, wi ndows, and doors, which are readily accessible to children under 7 years of age. All defective paint conditions shall be assumed to involve lead-based paint and thus to constitute health hazards that must be corrected, unless testing shows that lead is not present in the paint at a level above 0.5 percent (except with respect to paint manufactured after June 22, 1979, at a level above 0.06 percent). It is assumed that paint used in structure built in 1950 or earlier was lead-based. B. All surfaces identified above as potential health hazards shall receive adequate treatment to prevent the ingestion of the contaminated paint. Particular care shall be taken to correct conditions of cracking, scaling, peeling, and loose paint on walls, ceilings, doors, windows, trim, stairs, railings, cabinets, and piping. All such surfaces which require treatment shall be thoroughly washed, sanded, scraped or wire brushed, so as to remove GC - 22 - -- . e C. all cracking, scaling, peeling, and loose paint before repainting. As a minimum, these surfaces must receive two coats of a suitable non-leaded paint. The CONTRACTOR shall inform the Contracting Officer of conditions where it is infeasible to control or correct the cracking, scaling, peeling, or loosening of the lead-based paint, and the film integrity of the treated surfaces cannot be maintained. The Contracting Officer may direct changes in the work if the determination is made that the paint on these surfaces is to be completely removed or covered with materials such as hardboard, plywood, drywall, plaster, or other suitable material before any repainting is undertaken. 58. Compliance with Energy Policy and Conservation Act The Contractor shall comply with all standards and policies relating to energy efficiency contained in the State of Georgia's energy conservation pTan in compliance with the Energy Policy and Conservation Act. 59. Compliance with Rehabilitation Act of 1973, as amended, sections 503 and 504. - -- - - -- In all federal contracts and subcontracts of $2,500 or more, the contractor shall comply with Section 503 and 504 of the Rehabilitation Act of 1973. The following clause shall appear in all federal contracts and subcontracts: A. SECTION 503 - Employment Under Federal Contracts 1. The contractor will not discriminate against any employee or applicant for employment because of physical of physical or mental handicap in regard to any position for which the employment or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. - .. 2. The contractor agrees to comply with the rules, regulations, and relevant orders of the secretary of labor issued pursuant to the act. - -- 3. In the' event of the contractor's non-compliance with the requirements.of this clause, actions for non-compliance may be taken in accordance with the rules, regulations and relevant orders of the secretary of labor issued pursuant to the act. 4. The contractor agrees to post in conspicuous places, available to .- - GC - 23 - - -- employees and applicants for employment, notices in a form to be prescribed by the director, provided by or through the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. 5. The contractor will notify each labor union or representative of workers with which is has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. e 6. The contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or mor~ unless exempted by rules, regulations, or orders of the secretary issued pursuant to section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance (41 CFR 60-741.4.4) . B. SECTION 504 - Nondiscrimination under Federal Grants and Progress 1. No otherwise qualified h~ndicapped individual in the United States ... shall, solely by reason of handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service. GC - 24 ADDENDUM TO GENERAL CONDITIONS THE CITY OF AUGUSTA'S POLICY ON COMPLIANCE WITH ~SECTION 3" CLAUSE OF THE URBAN DEVELOPMENT ACT OF 1968 In order to comply with "Section 3" participation, Cbntractors should: 1. Recruit workers from within the City limits of Augusta, primarily from within the project site area. 2. Lower income persons within the project area should be given first priority for employment. 3. Contact Georgia Department of Labor office for workers. 4. If Subcontractors are to be used, the City advocates recruiting a minority contractor from wi thi n the project area. If none are avail abl e from within the project area, then the City advocates a minority contractor from within the city limits of Augusta. GC - 25 SUPPLEMENTAL GENERAL CONDITIONS CONTRACT DOCUMENTS: Include the drawings, specifications, addenda, the signed Proposal Form, and the Contract. All contract documents shall be named and enumerated in the contract. INSURANCE: Article 28 of the General Conditions is amended by the addition of the following provisions: A. The General Contractor shall be responsible from the time of his signing the form of agreement or from the time of the beginning of the first work, whichever shall be earlier, for all injury or damage of any kind resulting from this work to persons or property regardless of who may be the owner of the property. In addition to the liability imposea upon the Contractor on account of personal injury (including death) or property damage suffered through the Contractor's negligence, which liability i"s not impaired or otherwise affected hereby, the Contractor assumes the obl igation to save the Owner harmless and to indemnify the Owner from every expense, 1 iabil ity or payment arising out of or through injury (including death) to any person or persons or damage to property (regardless of who may be the owner of the pr'operty) arising out of or suffered through any act of omission of the Contractor or any subcontractor, or anyone either -- "(1) Directly or indirectly employed by or (2) Under the supervision of any of them in the prosecution of the work included in this contract. B. The Contractor agrees to comply with the provi s ions of the workmen's compensation laws of the State of Georgia and to require all subcontractors likewise to comply. C. The Contractor agrees that, pri or to the begi nn i ng of any work by the Contractor or any subcontractor, as the case may be, he (the Contractor) will furnish the following to the Owner for himself and for each subcontractor: Certificate from insurance company showing issuance of workmen's compensation coverage for the State of Georgia. D. The Contractor further shall maintain such other insurance (with limits as shown below) as shall protect the Contractor and Owner from any claims for property damage or personal injury, including death, which may arise out of operations under this contract, and the Contractor shall furnish the Owner certificates and policies of such insurance as shown below. SGC - 1 E. Below is listed the additional insurance coverage which must be procured by the Contractor at his own expense. The Contractor agrees to follow the instructions indicated in each case: (1) CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE - Taken out in the name of the Contractor. Bodily injury, including death - limits of $300,000 for each person and $500,000 for each accident. . Property damage - limits of $100,000 for each accident and $300,000 for the aggregate of operations. DISPOSITION: Certificate of insurance must be sent to the Owner prior to commencement of work. (2) CONTRACTOR'S PUBLIC LIABILITY INSURANCE - Taken out in the name of the Contractor. Bodily injury, including death - limits of $300,000 for each person and $500,000 for each accident. Property damage - limits of $100,000 for each accident and $300,000 for the aggregate of operations. DISPOSITION: Certificate of insurance must be sent to the Owner prior to commencement of work. (3) BUILDER'S RISK INSURANCE - payable to the Contractor and the Owner, as their interests may appear, upon the entire structure and upon all materials in or adjacent thereto which are to be made a part of the insured structure to 100% of the insurable value thereof covering fire, extended coverage, vandalism and malicious mischief. DISPOSITION: OriQinal policy must be deposited with Owner prior to commencement of work. F. No insurance will be acceptable unless written by a company licensed by the State Insurance Commissioner to do business in Georgia at the time the policy is issued, and the company must be in addition be acceptable to the Owner. EXISTING CONDITIONS: The Contractor, in undertaki ng the work under thi s contract, is assumed to have visited the premises and to have taken into consideration all conditions which might affect this work. No consideration will be given any claim ba~ed on lack of knowledge of existing conditions except where the contract documents make defi nite provi si ons for adjustment of cost or extension of time due to existing conditions which cannot be readily ascertained. SGC - 2 . . CONTRACTOR'S RESPONSIBILITY: fhe Contractor represents that he is famil i ar with the code applicable to the work and that he has the skill, knowledge, competence, organization, and plant to execute the work promptly and in compliance with the requirements of the contract documents. It being the contractual obligation of the Contractor to keep a competent superi ntendent on the work duri ng its progress, to employ only skilled mechanics, and to enforce strict discipline and good order among his employees; the Contractor himself, shall be fully responsible for seeing that the work is installed in accordance with the contract documents and shall accordingly have no cause for complaint against the Owner, representatives of the Owner, agents of the Owner, engineers employed by the. Engineer, representatives of the Engineer or the Engineer if the Contractor or his superintendent shall fail in any respect to install the work in accordance with requirements of the contract documents. Failure or omission on the part of the Owner, representatives of the Owner, agents of the Owner, engineers employed by the Engineer, representatives of the Engineer, or the Engineer either to discover or to bring to the attention of the Contractor'any deviation from, omission from, or noncompliance with the contract documents shall not be set up by the Contractor as a defense for failure on his part'to install the work in accordance with the contract documents or for any other negl ect to fulfi 11 requirements of the contract; nor shall the presence of anyone, or all, or any of the foregoing at the site or the fact that anyone, or all, or any of the foregoing may have examined the work or any part of it be set up as a defense by the Contractor against a claim for failure on his part to install the work in accordance wi th the contract documents or for any other negl ect to ful fi 11 requirements of the contract. . . . . MUTUAL RESPONSIBILITY OF CONTRACTORS: Should the Contractor cause damage to any separate contractor on the work, the Contractor agrees, upon due notice, to settle with such contractor by agreement or arbitration, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor, who shall defend such proceedings at this own expense, and, if any judgement against the Owner arise therefrom, the Contractor shall pay all cost incurred by the Owner. . . COOPERATION: The general contractor and all subcontractors shall cooperate with one another and with other contractors doing related work and shall coordinate thei r work with the work of other trades and other contractors so as to facilitate the general progress of the work. Each trade shall afford all other trades and all other contractors every reasonable opportunity for the installation of their work and for the storage of their materials. TEMPORARY UTILITIES: The Contractor shall make arrangements for and furnish, at this own expense, all water, electricity, lighting, heat and all other utilities necessary for construction purposes. . TEMPORARY TOILETS: The Contractor shall provide and maintain temporary toilets for use of workmen during construction. . SGC - 3 . MEASUREMENTS AND DIMENSIONS: Before ordering materlal or doing work which is dependent upon coordination with building conditions, the Contractor shall verify all dimensions, elevations, grades, and pitch by taking measurements at the building and shall be responsible for the correctness of same. No consideration will be given to any claim based on differences between the actual dimensions and those indicated on the drawings. Any discrepancies between the drawings and/or the specifications and the existing conditions shall be referred to.the Engineer for additional instructions before any work affected thereby is begun. DISCREPANCIES: The specifi cat ions are separated into numbered and t itl ed divisions for the convenience of reference. Neither the Owner nor the Engineer assumes any responsibility for defining the limits of any subcontracts on account of the arrangement of the specifications. Not withstanding the appearance of such language in the various divisions of the specifications as "The' Plumbing Contractor", "The Electrical Contractor", etc., the General Contractor is responsible to the Owner for the entire contract and the execution of all the work referred to in the contract documents. INSPECTroN OF WORK: The General Conditions are amended by the addition of the following provisions. Under the contract documents the Contractor has assumed the responsibility of furnishing all services, labor, and materials for the entire work in accordance with such documents. No provisions of this Article or any inspection of the work by the Owner, representatives of the Owner, engineers employed by the Engineer, representatives of the Engineer, or the Engineer shall in any way affect said responsibility and undertaking of the Contractor; nor shall the failure of any of the foregoing to discover or to bring to the attention of the Contractor the existence of any work or materials not in accordance with said contract documents in any way affect such obligation of the Contractor or the rights and remedies of the Owner as set forth in said contract documents. MANUFACTURER'S RECOMMENDATIONS: I n the event the contract documents shall require given work or materials to be installed in accordance with the manufacturer's recommendations or requirements, the Contractor shall obtain for his use at the site in executing the work copies of the bulletin, circular, catalog, or other publication of the manufacturer bearing the title, number, edition, date, etc., designated in the contract. In the event no such designation appears in the contract documents, the Contractor shall not proceed with the installation of the work or materials until he shall have requested of the Engineer and received in writing additional instructions setting forth the title number, edition, date, etc., of the bulletin, circular, catalog or other publication of the manufacturer which contains the product. Prior to proceeding with the installation of the said work or materials, the Contractor shall obtain for his use at the site in executing the work a copy of the said bulletin, circular, catalog, or other publication designed in the said additional instructions of the Engineer. The plans and specifications shall be adhered to in all cases where they call for quality of materials, quality of workmanship, or quality of method of construction which is equal to or in excess of the qua 1 ity called for in the manufacturer's recommend at ions, or requi rements, SGC - 4 provided that there may be no variances from the plans and specifications except to the extent that the said variances shall be necessary in order to comply with the manufacturer's recommendations or requirements. CHANGES IN THE WORK: The General Conditions are amended by the addition of the following: The allowance for all overhead and orofit. combined, included in the total cost to the Owner for change orders, shall be based upon the foliowing schedule: (1) For the Contractor an allowance for work which he performs with his own forces, not to exceed 20% of'his "new additional allowable expenditurei", if any, for changes. (2) For a subcontractor an allowance for work which he performs with his own forces, not to exceed 20%.of his "net additional allo~able expenditures", if any, for changes. A subcontractor shall receive no allowance .for overhead and profit on work not performed by his own forces. Under this c6ntract, the forces of.a subcontractor of a subcontractor are deemed to be and are the forces of the subcontractor. (3) For the Contractor an allowance for work performed by his subcontractor not to exceed 71h% of the amount, if any, due the subcontractor for changes. The above percentages shall be applied to the "net additional allowable expenditures", if any, as 1 imited and defi ned herei n. If the net differences between "allowable expenditures" and savings results in a decrease in expenditures, the amount of credit allowed the Owner shall be the net decrease wi thout any credi t for profi t and overhead. "Net additional allowable expenditures" as used herein shall mean the difference between all "allowable expenditures" and savings. The term "allowable expenditures" is limited to and defined as items of labor and materi a 1 s, the use of heavy construction equi pment (such as scrapers, backhoes, excavators, bull dozers, dragl i nes, motor graders, and 1 i ke equipment), and all such items of cost as public liability and workmen's compensation insurance, social security and old age and unemployment insurance, (in case where there is an extension of time) pro rate expenditures for time of foremen employed in the direct superintendence of productive labor in execution of changes. All expenditures not included in the term "allowable expenditures" as limited and defined in this article shall be considered as overhead, including, but not limited to, insurance other than that which is mentioned in this article,' bond premiums, supervision, travel (meals, transportation, and lodging), superintendence (except pro rata time of foremen as referred to herein), timekeepers, clerks, watchmen, hand tools, small tools, incidental job burdens, and offi ce expense. Any other provi s ions in the contract documents to the contrary notwithstanding, only demonstrable, direct, out- of-pocket expenditures for the changes pl us percentages as set forth hereinabove shall be allowable for changes. No wages of a foreman shall SGC - 5 be allowable for a change carried on concurrently with contract work unless he claim includes a demand for extension of time caused by the authorizing or ordering the change. LIENS Neither the final payment nor any part of the retained percentage shall become due until the contractor shall deliver to the Owner a complete release of all liens or claims arising out of this contract, or receipts in full in place thereof and an affidavit that so far as he has knowledge or information the releases and receipts include all labor and materials for which a lien or claim could be filed; but the Contractor may, if any subcontractor or claimant refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Owner to indemnify the Owner against any lien or claim. If any lien or claim remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such lien or claim, including all costs and a reasonable attorney's fee. CORRECTION OF WORK AFTER FINAL PAYMENT: The General Conditions are amended by the addition of the following: Neither the final certificate nor payment nor any provlslon in the contract documents shall relieve the Contractor of responsibility for faulty workmanship or faulty materials, and he shall remedy any defects due thereto and pay for any damage to other work result i ng therefrom. The Owner shall give not i ce of observed defects wi th reasonabl e promptness. The contractor shall promptly correct, remedy or remove from the premises all work condemned by the Engineer as fail i ng to conform to the contract or as bei ng faulty in materi a 1 s or workmanship, and the Contractor shall promptly replace and re-execute the work in accordance with the contract and without expense to the Owner. The Contractor shall give prompt notice in writing to the Engineer, with copy to Owner, upon completion ~f the correction of any work or materials condemned by the Engineer as not being in accordance with this contract. In the absence of said notice, it shall be and is presumed conclusively under this contract that there .has been no correction of the condemned work or materials. If the Contractor does not remove, correct, or remedy faulty work, including any work called for by the contract documents but omitted, within a reasonable time, fixed by a written notice of the Owner, the Owner may remove the work, correct the work, or remedy the work at the expense of the Contractor. Correction of defective work executed under the plans and specifications, whether covered by warranty of a subcontractor or materialman or by separate bond of any subcontractor or materialman, remains the primary direct responsibility of the Contractor. The foregoing obligations of the Contractor shall remain in effect until the same shall have been extinguished by operation of the statute of limitations for the jurisdiction in which the work is executed. As additional security for the fulfillment of such obligations, but in not way limiting same, the contractor shall furnish to the Owner as a collateral instrument for use in connection with the performance bond a written warranty and guarantee of the Contractor that all work executed under the plans and the specifications will be free from defects of materials and workmanship for a period of one year from the date of final acceptance In the case of work performed by subcontractors and SGC - 6 also whenever specific guarantees, warranties, or bonds are called for in the grade sections of the specifications the Contractor shall furnish guarantees, or bonds or such period subcontractors or materialmen warranties, guarantees, or bonds for such period of time as may be stipulated and in no event for less than one year, which shall .be in such form as to permit direct enforcement by the Owner against the subcontractor or materi a 1 man in any bond, warranty, or guaranty, and the instrument shall state that liability is joint and several. The calling for and the furnishing of specific written warranties, guarantees, or bonds shall in no way limit the obligations of the contractor set forth herein. PRIOR USE BY OWNER: Prior to completion of the work, the Owner (by agreement with the Contractor) may take over the operation and/or use of the incomplete project or portions thereof. . Such prior use of facilities by the Owner shall not be deemed as acceptable of any work or relieve the Contractor from any of the requirements of the Contract Documents. . CLEANING UP: The Cont~actcir shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. -::::. MAINTENANCE OF TRAFFIC: In any work within the public right-of-way, the Contractor shall provi de adequatewarni ng and protection for pedestri an and vehicular traffic from any hazard arising out of the Contractor's operations and will be held responsible for any damage causes by negligence on his part or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The Contractor shall not block traffic on any street more than 30 minutes or such other time as the agency having jurisdiction may specify, without written permission from such agency. Before leaving the work each night, it shall be placed in such condition as to cause the least possible hazard therefrom. Should the Contractor fail to comply with the provisions of this paragraph, the Owner may with his own forces, provide signs, flagmen, barricades and/or lanterns, reduce or eliminate hazards, construct substitute passageways or clear the pavement and deduct the cost thereof from sums due to the Contractor. PRE-CONSTRUCTION CONFERENCE: .A pre-construction conference shall be held at an acceptable time to the Owner and the Contractor prior to the "Notification to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents. FORMS: All of the forms in this manual are specimen copies to be used on this project. Copies of the forms may be obtained from the Department of Community Development of the City of Augusta, 525 Telfair Street, Augusta, Georgia. SGC - 7 DRAWINGS: The Engineer will furnish to the Contractor, free of charge all copies of drawings and specifications reasonably necessary for the execution of the' work. Locations of all features of the work included in the Contract are indicated on theC.ontract Drawings. The following dra'wings comprise the plans for this contract: DRAWINGS TI TLE SHEET NO. 1 "Street Lighting Improvements Program 11th and 12th Streets - Broad Street to Green Street" E-l thru E-2 .... - - SGC - 8 Exhibit - . FEDERAL LABOR STANDARDS PROVISIONS AND REPORTING REQUIREMENTS FOR CONSTRUCTION CONTRACTS The Contractor is directed to carefully read HUD form 4010, Federal Labor Standards Provisions, and Davis-Bacon Wage Decision for this project, which are included in this exhibit. The Contractor agrees to comply with said provisions and wage decision. The Contractor is required to submit the following reports to the Office of Contract Compliance by the 5th of each succeeding month: 1) Certified Payrolls - copies to be filed for prime contractor and all subcontractors. Payrolls reporting an employee for the first time must contain the complete name, address and social security number of the employee. 2) Certificate from Contractor Appointina Officer or Employee to Supervise Payment of Employees - This certificate must be executed by an authorized officer or the corporation and shall be executed pri or to and be submitted with the fi rst payroll. Shoul d the appoi ntee be changed, a new cert ifi cate must accompany the fi rst pay~oll for which the appointee executes a statement of compliance required by the Kick-Back Statute. In addition, the contractor must submit the following reports, as required: 1) Apprenticeship Certification - Only for participants in a federally approved trainee or apprenticeship program. 2) Subcontractors List of all subcontractors and amount of subcontractors contract. The Contractor further agrees that breach of the EEO, MFBE and Federal Labor Standards contract provisions, and/or reporting requirements, shall subject it to any or all of the following penalties: 1) Withholding of ten percent (10%) of all future payments under this project until it is determined that the Contractor is incompliance. 2) Withholding of all future payments under this project until it is determined that the Contractor is in compliance. 3) Refusal of all future bids or offers for any eligible project with the City of Augusta or any of its departments or divisions until such time as the Contractor demonstrates that there has been established and there shall be carried out all of the provisions contained herein. 4) Cancellation of this project. Clarification of the above-mentioned reporting requirement may be obtained at the pre-construction conference. All documents are to be submitted to: COMMUNITY DEVELOPMENT DEPARTMENT, ONE TENTH STREET, SUITE 430, AUGUSTA, GA 30901 HUD-4010 (2-84) (HB 1344.1) FE - 1 U.S. Department of Housing and Urban Development FEDERAL LABOR STANDARDS PROVISIONS The PI'oject or Program to which the construction work covered by this contract pe:--tains is being assisted by. the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 5.5A. Any construction contract in excess of $2,000.00 (and in excess of $2,500.00 for other contracts which involve the employment of mechanics or laborers) which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or funds or in accordance with guarantees of a Federal Agency or financed from funds obtained by pledge of any contracto of a Federal Agency to make a lone, grant or annual contribution (except where a different meaning is expresslu indicated), and which is subject to the labor standards provisions of any of the acts listed in S5.1, the following clauses (or any modifications thereof to meet the particular needs of the .agency, provi ded, that such modifi catons are fi rst approved by. the Department of Labor): 1. (i) Minimum Waqes. 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 deduct i on or rebate on any account (except such payroll deduct ions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the fll 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 age determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(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 particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on 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 Part 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. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contractor shall be FE - 2 HUD-4010 (2-84) (HB 1344.1) classified in conformance ith the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: ( 1 ) (2) (3) The work to be performed by the classification requested is not performed by a classification in the wage determination; and The classification is utilized in the area by the construction industry; and The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) 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, Employment Standards Administration, U.S. Department of Labor, Washington, D.C 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and o advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0104). (c) In the event the contractor, the laborers or mechanics to be employed in teh 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 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 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (l)(b) or (c) of this paragraph, 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. (i i i) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics included 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. . (iv) 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 appl icable standards of the Davi s-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. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) FE - 3 HUD-4010 (2-84) (HB 1344.1) - - 2. Withholdinq. HUD or its designee shall upon its own action or upon writ ten reqL:est of an authori zed 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 age requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by teh contract, HUD or its designee may, after written notice of the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD of 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 Gener'al shall make such disbursements in the case of direct Davis-Bacon Act contracts. - - - 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be ma i nta i ned by the contractor duri ng the course of the work preserved fo!' 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 Hous i ng 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 equivalent~ thereof of the types described in Section l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions m~de and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(I)(iv) that the ages of any laborer or mechanic include the amount program described in Section l(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 shown 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 appl icable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) - - . - - (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a Darty to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set ot accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form Wh-347is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005- 00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Offi ce of Management and Budget under OMB - HUD-4010 (2-84) (HB 1344.1) - - FE - 4 Control Number 1215-0149.) (b) 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 ) (2) (3) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete: That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the fully 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: . 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. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. (d) 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 231 of Title 31 of the United States Code. (i i i) The contractor or subcontractor shall make the records requi red under paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the employees during working hours on teh 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, sponsor, appl icant, or owner, take such act i on as may be necessary to cause the suspens i on 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 Part 5.12. 4. (i) Aoorent ices and Tra i nees. Aoprent ices. Apprent ices wi 11 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 FE - 5 HUD-4010 (2-84) (HB 1344.1) - 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 above, 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 appl icable 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 subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in teh registered program for the apprentice's level of progress, expressed as a percentage of teh journeymen hourly rate specified in teh applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fri nge benefi ts, apprent ices must be paid the fll amount of fri nge benefi ts 1 i s t e don the wag e de term i n at ion for the a p p 1 i cab 1 e c 1 ass if i cat ion . 1ft h e Administrator 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 as less than the applicable predetermined rate for the work performed until an acceptable program is approved. . - (ii) 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 theappl icable 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 on 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 on 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 on the wage determination for the 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 on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of the training program, the contractor will no longer be permitted to util ize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. . - (iii) Equal employment opportunity The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 FE - 6 HUD-4010 (2-84) (HB 1344.1) CFR Part 30. 5. Comp 1 i ance with Copeland Act Reau i rements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in th is contract. 6. Subcontracts. The contractor or subcontractor wi 11 insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(I) through (10) and such other clauses as HUD or its designee may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. . 7. Contracts termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and RElated Act Reauirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 229 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes 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 (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eliqibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or form ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davi s-Bacon Act or 29 CFR 5.12 (a) (1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue by Section 3(a) or the Davis-Bacon Act or 29 CFR 5.12(a)(I) or to be awarded HUD contractors or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ... i nfl uenci ng in any way the action of such Administration... makes, utter or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints. Proceedinqs. or Testimonv bv Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. FE - 7 HUD-4010 (2-84) (HB 1344.1) - B. Contract work Hours and Sa fet v Standards Act. As used in th i s paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime reaui rements. No contractor or subcontractor contracting for any part of the contract work which may require or involved the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of ei ght hours in any calendar day or in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the , bas i c rate of pay for all hours worked in excess of ei ght hours in any calendar day or in excess of forty hours in such work week, whichever is greater. (2) Violation: liabilitv for unpaid waQes: liquidated damaQes. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, 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 wi th respect to each i ndi vi dual 1 aborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hors or in excess of the standard work week of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholdinq for unoaid waqes and liquidated damaqes. 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 other Federal contract with the same prime contract, 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 ages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. - (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safetv (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. FE - 8 HUD-4010 (2-84) (HB 1344.1) - - (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly Part 1518) and failure to comply may result in imposition of sanct ions pursuant to the Contract Work .Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). - (3) The Contractor shall include the prov.isions of this Article in every subcontractor so that such provisions will be binding on each subcontractor. The Contractor shall take such act i on with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. FE - 9 HUD-4010 (2-84) (HB 1344.1) . NOTICE . ~,\-... "'\ ./~~-. 1',' ( ";.dlU~ :-1 ~ -: \ :.\ I@J. ~ \........\\.. r.... ...... ,,?~ -.:-- "" ~ 11,,,,7; ,.tl" - .. EMP ~ES Working on Federal or Federally FInanced Construction Projects - MINThIUM 'lVAG r-::~ You must be paid not less than t~e ',yc~e- rete irT tile sche<3ule posted with this i\ictic; ;or the- kind of work. you perform, -. - (Iv lil:<.1'11Vl..E You must be paid not less than one 2l:C: one-;lalf times your basic rate ot pay for. ail nCL;iS WOrKed over 40 a 'Ne-er:. There arc some excs:c:ons. l\PPRTI~lICES Apprentice rates apply only to apprentices properly registered under approved re:eraJ or State apprentice~hip"programs. - PPOU(...") 1: _ \. r Ll.: \. D7\ -~ 1. ..L:U. If you do net receive f::oper P2Y, conlee the Contracting Officer listed below: COMMUNITY DEVELOPMENT DEPARTMeNT On(' 10th Str<'et, Suit(. 4'ln ^ u g u S t:l. G cor g i il J 0 9 () I (06) 821-1797 .- - or you may c8ntact the nearest office cf the Wage and ~our Division. U.S, Department of Labor, Tne \Nage- and Hour ~ivision n2.S offices. in several hundred communiUes throuchout the country. Tney are listed in the U.S. GC-:Jemment section or most telephone directories under. U.S. Department ot Labor . Employment Standards Administration l-i..-d. ,jAAo..&At; 1'Jl!6 u..s.. D~~ oi Ubor :. TIC"icyr,."."c Se;.X;~ro ......~~.... Lk:n '~ Zf)(l Hour- =~no, ~ ~:;r ..l'1( "'\loll.c..:1C~o" ~j:... .- - .- -- ~ ... - - .- - - - .- ... . r;, 3: u r Oc -<. :r- -v- m. 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"'I":J:J;:'r. ~C c - - WI '-'" n l._ _ <><OC:Cr- =::6 Ci c CJ ...,.., _ .. ~o,...o'"' (l) 0 ~_ :: C1l-cIll::J:1o::l Z ::l ---- <; 0 -- ~ 0 _ U::l '-<~ ~::JO = I (b ~ .. N Z n C';l :J p'::l ::100 \J .=J o N, 1.0 ;;;:u C .., ~ CJ C1l ('t) 0 - '"' CJo ~. ~ ~ ,..... ;n :.0 CJ 'h. I m3\./dOl3^3G )IWONOJ3 ~.Jd8S "' , I ,....., ,--., ,-.., '--' '--' '-' n3: n O~-.):;~ CD_~-o~_ 000_ c5- '":J ~ ?' 0 "":'1Cll-.'::>":;lc c.,co",'" ::l0...,0".....3" 0..,.....""01.., U1-l"ll""fC ::l o..::l n -0 ~ 1.0 7' ;::; .- .., .,,~coo -UC~=:JC1l I::l ::l 0 n ......o..r-;;J ,.. ';-010) LA ::J c ::l (') ,......, '-' n C1I :;J ,... o o t.I C) ..., Vl - r"t ~ >1 = ro 0 (1) :J ,.,. 0 r - ;... ~ CQ 0 :r ..... M ~ ~ :J - OQ 0 o I .. "0 :::: ~ ~ >< ::l =::; '2 Ul n _ rr _ ,., VlCO:; r-: n -. Pi M - r: l-'o ::J ~ 0 - rl ::l 0 .., ,.,. - . 0 "'< '"0 .f') ~ 0- :l '.1) ,... III ,.,. o ,..." I-'- -' Ul rT ~ l-' I-' Ol f'f >-- o :l o ,.." Vl ,.,. .., III ro rt ~ ~ Q{) -' r. (]) o -' o:J .., o ~ Co U'l r-t ~ (i) r. ,.." >1 o :3 'Tl >-,. ...... rT ':f' V'l rT rj (1) ro ,.., rr o ) :J ./ ./ .> ~ '" > > ~ ...., -:> '" '-I ~:;>€ . d "'-. . -c;-'t;..V1 U, ( ~nlil :; ~~~ '[".~ o. S. DxPARnaaIT OF BoosDiC .um l1R.BAlI DIlVKLOPIO:ltT SOUTHEAST/CARIBBEAN Richard B. Russell Federal Building 75 Spring Street, s.w. Atlanta, Georgia 30303-3388 .' June 12, 1995 Rosa L. white AUGUSTA One 10th street, Suite 430 Augusta, GA 30901 . Dear Rosa L. white, SUBJECT: Wage Decision Change LRB Document ID No: IRW00009183 - 11th & 12th street Lights ... -- Enclosed is a copy of Modification No. -1 to wage Decision GA950031. According to our records, you may have a project(s) which could be subject to this new schedule. Whether this change affects your project depends upon the below described circumstances. .- - NON-BID PROJECTS: This change is applicable to contracts for which either construction was not started, the mortgage was not initially endorsed, the section 8 Agreement was not l3igned, or in negotiated CDBG and PHA projects, the contract was not awarded prior to the date of publication of the notification of this change in the Federal Reqister. BID PROJECTS: This change is applicable to contracts for which bids were not opened prior to the publication of the notification of this change in the Federal Reqister. If the notification of change was published less than ten days before bid opening, the requirement may be waived if (1) you find there is not sufficient time to notify all bidders of the change, and (2) a report of that finding is made part of the contract file. .- HOWEVER, if under the above paragraphs bids were opened, initial endorsement occurred or the section 8 Agreement was signed prior to the date of this change, and the contract is/was not awarded within 90 days after bid opening, or construction is/was not begun within 90 days after initial endorsement or the signing of the section 8 Agreement, this change and any others, notice of which is published in the Federal Reqister prior to award of the contract or the beginning of construction, as appropriate, shall be effective with respect to tnat contract. A - If this change applies to. a project under the above guidelines, include it in the contract specifications and amend the SF-308 to reflect the change. You are requested to provide a copy of this correspondence and the enclosed Wage Decision directly to parties copied on the original issuance. IP' TIns PROJECT HAS BEEN AWARDED, PLEASE FORWARD TO THE ABOVE ADDRESS .THE P'OLLOWING IHFO~.~o.a.':A~f;~.cjow:AS POSSIBLE: IRW I, date of bid 'opening, d!l.te of oo::tract awa~'d', cont~~'amount, wage decision used including all modifications and the contruction start date.' . . .- Very sincerely yours, ik / tiLl f)/. ifL~ , V- Me ~e Infinger Labor Relation. spe . liS~ Labor Relations Branch Enclosure RECEIVED J U N 4 1995 . ---------------------------------------~------------------------ . SUGA1058A 02/07/1992 Rates ~STATEWIDE EXCLUDING CAMDEN, CHATHAM, CLAYTON, COBB, EFFINGHAM, FULTON, GLYNN AND GWINNETT COUNTIES: Fringes DE KALB, . so I LERMA.KER : Storage tank erection/repair All other work BRICKLAYER CARPENTER CEMENT MASON/CONCRETE FINISHER ELECTRICIAN IRONWORKER LABORERS : Unskilled Pipelayer Drill PAINTER PLOKBER" PlPEFITTER POWER EQUIPMENT OPERATORS: Backhoe Bulldozer Crane, derrick, dragline Front end loader Motor grader Roller Scraper - pan TRUCK DRIVER WE LL DRI LLER 12.96 16.20 8.35 6.50 5.31 8.78 8.72 .. -- 4.25 4.25 5.00 8.00 6.00 . 5.70 5.73 7.85 4.80 5.34 4.25 4.25 4.25 6.40 .- :;;or WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. -==zr:= - -~ .- -. Requests for additional classifications and wage rates may be s~lbmi tted to the contracting officer after award, and may be at. -oved only if: (1) the work to be performed by the classi- ficacion 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 determina- tion (for the given area and ti~e of construction) . (See 29 C!~ 5.5(a)(v)). ---------------------------------------------------------------- .- - In the listing above, the "sun designation means that rates listed under that! identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION . General Decision Number GA950031 . Superseded General Decision No. GA940031 State: Georgia . Construction Type: HEAVY SEWER AND WATER LINE County(ies) : STATEWIDE ... -- STA~EWIDE EXCLUDING THE COUNTIES OF DE KALB, FULTON AND GWINNETT - - HEAVY CONSTRUCTION PROJECTS (does not include Sewer & Water Line construction Projects in Clayton and Cobb Counties) _. -- Modification Number o 1 2 Publication Date 02/10/1995 05/05/1995 06/02/1995 - - GA950031 - 1 06/02/1995 . U.S. DEPNlTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PRoGRAM toNmAcrOR'S CEm'IFlCATION CONCERNING LABOR S1 ANDARDS AND PREVAJUNG WN3E REOUIREMENTS . Date: To: (Appropriate Recipient): CIO Pr:lject Number (if any) Project Name' . 1. The undersigni!ll, having e:..ecutea a contract with for the construction of the above-identified project, acknowledges that: . (a) The Labor Standards provisions are included in the aforesaid co"tract; (b) Correction of any infract'ions of the aforesaid conditions, inclvaing infractions by any of his sl1bcontractors and any 10\','er iiel subcontrac;ors, is his responsibility; 2. He certifies that: .- - (a) Neither he nor any firm, partnership or association in wl1icl1l1e has substantial interest is designated as an ineligible conllt1C!OI by the Comptroller General of the United' States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 erR, Part 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 276a-2(a)). (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor d such subcontractor or :\11)' fim., corporation, partnership or association in which such subcontractor has a substantial inltHest in designated as an ineligible CQntractor pursuant to any of the aforementioned regulatory or statutory provisions. .- -- 3. He agrees to obtain and forward to the aforementioned rrecipient within ten days af1er the execution of any subcontract, includi:lg those executed by his subcontractors and any lower tier subcontracts, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. .-. 4. He Certifies that: (a) ltH1 lesal n:Jine ilnu tllC business address of the undorsi\JflC(J aro: (b) The Undersigner' is: (1) A Single Proprietorship (3) A Corporation Organized in the State of (2) A Partnership (~) Other Organi;:ation (Describe) - -- (c) The fliJrne, title and address of the owner, partners or officers of the undersignecf are: Name Title Address CC - 1 . (e) Ine names and address of all other persons, both natural ar:d corporate, having a substantial inlCrl;)st in the undersigne,:, :i::,: >" nature of the interest are (If none, so state): N:ll11e Address t'Jntt.:; e cf Interes: . (e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned h:\s :\ substantial interest arc (If none, so state): . Name Address Trade Classification :: . (Contractor) .- Dale - 6y WARNING .- -- U.S. C/imin:\1 Cock, Section 10 10, Tille Hl, U.S.C., provides in pari: Whoever, ..... :nokes, passes, ult(,,~ or /Jul.llislies ill'1' ~lalemc:nt, kncJVJj{,~ :\": Sil!I'C: to be false ..... shall be fined not more than $5,CXX) or Imprisoned not more than two years, or bott'l." ... .- CC.2 . COMMUNITY DEVELOPMENT BLOCK GRANT PROGfli\M SUBCONTRACTOR'S CERTIFlCA TION CONCERNING LABOR STANDARDS AND PREVAJUNG WAGE REOUIREMENTS (Appropriate Recipient): Date . C/O Project Number (if any) Project Name . 1. Tne undersigned, having executed a contract with (Contractor or Su:;contraclOrJ for (Nature 0: ,'lork) in the amount of S . in the construction of the abo'/e-identified project, certifies that: (a) The Labor Standards Provisions of The Contract For Con:;tru;:tion are included in the aforesaid CQntracl. (b) Neither he nor any firm, corporation, partnership or association in which he has a substantial intelest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.5(b) of the Regulations of the Secretary C1 Labor, Part :; (29 CFR, Part 5), or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 276a-2(a)). . (c) No part of the aforementioned contract has boen or will bo subcontracted to any subccntractor if such subcontractor or any firm, corporation, partnership of associates in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant IC the aforesaid regulatory of statutory provisions. 2. He agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution of any lower subcontractor, a Subcontractor's C€rtification Concerning Labor Standards and Prevailing Wage Requirements, executed by the lower tier subcontractor, in duplicate. . (a) The workmen will report for duty on or about (Date) 3. He certifies that: . (a) The legal ,na;;;e and the business address of the undersigned are: (b) The undersig;Jed is: - (1) A Single Proprietorship: (3) A Corporation Organized in the State of: (2) A Partnership (4) Other Orgnnizotion (DescribC') (c) The name, title and address of the owner, partners or officers of the undersigned are: . Name Title Address - .-. -- ,,~ :l\.. . . (dl The r.arntlS and address of all other persons, both rH\tural and corporate, having a substantial il~:(Ot~st in the undersigned, i'.nc :he nature 01 :he i."".orest !He (If nono, so stato): N:U1H: Address Nature 01 Interest . ----.-.---..-. - ".'. _... ......----..-- .....---.--..-.--.-- (e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned has a subst"ntial interest are (if none, so state): . NatTIe Address Trade Classification .. - - - (Subcc:lt:actor) BY: (Signillure) (Typed Name an(; Title) -. WARNING U.S. Criminal Code, Section 1010, Title 18, U.S.C., provides in part: .Whoever, ..... makes, passes, utters, or publishes any statement, knowing the same to be false .... shall be finod not more than S5,CXXJ or imprisonod not moro than two years, or both: SC - 2 . INSTRUCTIONS FOR CONTRACTORS REGARDING DEVELOPMENT OF AFFIRMATIVE ACTION PROGRAMS UNDER EXECUTIVE 0~~(~lf46 . Executive Order 11246, as amended, required that construction contractors on Federally-assisted construction projects n0t discriminate in employment because of race, color, religion, see, or national origin. The Executive Order further requires that these contractors "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, re1 i9ion, sex or national origin." An Equal Employment Opportunity Clause embracing these principles of "nondiscrimination" and "affirmative action" are required in every non-exempt fedc1^::l1y-assisted construction contract. . . The Department of Housing andUrban Development, at 41 CFR, Chapter 60, Part 60- 4, has issued rules and regulations,.which set out, for HUD-assisted construction Pl'OjCC: t.;" cqua 1 (~mp 1 <lymont opportun i ty rcqu i relllon ts. "l"lw<;(; }'('qui 1',':;H;nt S pt"OV i d(~ that the applicant for HUD-assisted construction projects,will inciude, or cause to be included, the equal employment OPpoy.tunity clause in 211 non-exempt construction contracts, . HUD's r1l1 es and regu1 at ions further requi re that each construct i on contractor and subcontractor, on a HUD-assisted project, comply with Title 41 CFR, Chapter 60, Part 60-4, and develop a written affirmative action compliance pi'ogralll, The written affirmative iction plans of contractors and subcontractol's are subject to review and approval by HUD and shall: 1. Identify areas of employment, employment policies, ilnd employment practices which require actions by the contractor or subcontractor to assure equal employment opportunity to all employees without discrimination because of race, color, rel igion, sex, or national origin; A - - Analyze these areas, policies and practices to determine what actions by said contractor or subcontractor will be most effective in assuring equal employment opportunity; and 3,' Establish a plan when there are deficiencies in minority and female utilization, to include the development of specific goals and timetables to achieve equal employment opportunity through the actions identified as potentially most effective, - 2. When developing a written affirmative action program, the contractor or subcontractor must real ize that the essence of "affirmative action" is the pol icy of developing programs which will provide detailed specific steps guaranteeing equal employment opportunity keyed to the problems and needs of females and minority groups. These steps shall develop specific goals and timetables for prompt achievement of a full equal employment opportunity, including when there are deficiencies in female and minority utilization. Affirmative action can be more clearly understood and effective when contractors strive toward the at ta i nment of spec i fi c numeri ca 1 goals for the emp 1 oyment and upgrad i ng of fema 1 e and minority workers within given time :oe'('jods. Goals should be arrived at. through analysis of present policies and practices and may prov de a means by \vhich contractors and HUD can judge the results of the specif c affirmative action steps taken. IDA - 1 . A contractor's affirmative action plan should provide at least the following elements: . T. Company's Equal Employment Opportunity Policy A statement which clearly states the company's policy of nondiscrimination in employment because of race, color, religion, sex, or national origin. . II. Coordination and Administration of Program Designate person and way to contact person who will be responsible for coordination of company equal employment opportunity program. A 1 so out 1 i ne how pol icy and a ffi mat i ve act i on program wi 11 be . disseminated to all employees. I I I . An a 1 y s i s 0 f A. Recruitment and Employment Practices . Consider Lhe exLenl to ~'lhicl1 presellL Ilil'ilHJ pl'lIcLices and policies, including recruitment sources, acl to exclude minorities and females from becoming applicants for employment with your company. 13. WOl'k Force . Consider the current extent of minority group and female employment in skilled, semi-skilled, and unskilled categories on all the company's prnjects. . C. Opportunities for Placement Consider the anticipated opportunities for placing new employees in skilled, semi-skilled or un-skilled categories with company during the period in which teh HUD-assisted work is being done. IV. Establishment of Goals and Timetables - Based on the analysiS done in preceding Section, develop numerical goa 1 s (i n numbers or percenta9l' man-hous) to work tOlvard wi th i n a given time period (t"ime period ~'Iithin whicl1 HUD-assisled work I'lirJ be done) in placing minorities and females in skilled, semi-skilled, or un-skilled but trainee positions with your company. Specific Affirmative Action Steps v. Develop specific affirmative action steps which compa,l)' will make in efforts to reach goals and thus provide equal employment opportunity. IDA - 2 . PRINCIPLES OF AFFIRMATIVE ACTION PROGRAM FOR EQUAL EMPLOYMENT OPPORTUNITY . 1. Prepare an Equal Employment Opportunity Policy. Make this policy known to all the emPloyees and potential sources of employees. 2. Designate a person in a managerial capacity to coordinate equal employment opportunity efforts. . 3. a. ... - b. . c. - .. d. e. Assure non-discriminatory recruiting of staff taking appropriate steps such as: Pl aci ng employment advert i sements in newspapers wh i ch serve the largest number of female and minority group people in the recruiting area. Recruiting through schools and universities' having substantial proportions of minority and female students. Maintaining systematic contacts with minority, female, and human relations organizations, leaders, and spokesmen to encourage referral of qualified minority and female applicants. Encourage present employees to refer minority and female applicants. Making it known to all recruitment sources that qualified female and minority members are being sought for consideration for professional, sub-professional and other office work whenever staff- is needed. 4. Assure non-discriminatory hiring, taking appropriate steps such as: a. Instructing personally those of the staff who make hiring decisions that minority and female applicants for all jobs are to be considered without discrimination. 5. Assure that maximum use is made of sub-professional internship and other training to help equaliie opportunity for female and minority persons such as: a. Sponsoring and assisting female and minority youths, as well as others, to enter sub-professional and professional training and making such training available to the maximum extent. b. Actively encouraging minority and female employees, as well as others, to increase their skills and job potential through participation in available training and education programs. 6. Assure non-discriminatory placement and promotion: a. Instruct personally those of the staff who make pl acement and promotion decisions that minority and female employees are to be IDA - 3 . considered without discrimination. . b. Encourage the promotion of minority and female employees who have increased their skills and job potential in accord with the affirmative action policies. . 7. Assure non-discriminatory pay, other compensation and working conditions, taking appropriate steps as: a. Examining rates of pay and fringe benefits for present employees with equivalent duties, and adjusting any inequities found. - ~ 9. b. Not reducing the compensation of existing employees who have been converted to on-the-job training status. 8. Encourage non-discriminatory contract,taking appro~riate steps such as encouraging female and minority group contractors and contractors with minority and female representation among their employees to submit proposals for contract work. Follow through, questioning, verifying, making whatever changes or additions to the Equal Employment Opportunity Program that may be necessary to assure effectiveness. . ... ~ IDA - 4 . . NOTE TO CONTRACTOR: THIS GENERAL OUTLINE MAY BE USED AS A GUIDE IN DEVELOPING AN ACCEPTABLE AFFIRMATIVE ACTION PROGRAM. EACH PROGRAM, HOWEVER, SHOULD BE TAILORED TO THE CONTRACTOR'S SPECIFIC OPERATION AND NEEDS. (Construction Company Letterhead) Project No.: . Project Name: . Location: Sponsor: AFFIRMATIVE ACTION PLAN . I. Equal Emoloyment Opoortunity Policy It is the policy of Company not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national ongln. This policy extends to all matters relating to recruitment, hiring, promotion, transfer, recruitment or recruitment advertising, rates of pay and other forms of compensation, and selection for training. - - - - Furthermore, it is the policy of this company to cooperate to the fullest extent with the applicable rules, regulations and orders issued pursuant to Executive Order 11246. It is intended that all officials and employees of this company be informed of this statement of policy and that this policy shall be applied to every phase of employee recruitment, including employment agencies, labor organizations and advertising. II. Coordination and Administration of ProQram 1. The company vice-president, (Mr. or Ms.). 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 IDA - 5 . . 4. obligations, policy, and plan are being implemented. 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, the branch office, and all project sites. III. Analysis of . . . . Recruitment and Employment Practices A. 1. We employ essentially four categories of craftsmen. Our bri ckmasons and equi upment operators are referred from the Bricklayers Local #152 and the Operators Local #617, respectively. During the past year, Bricklayers Local #152 has referred approximately 71 employees to us. Approximately 17, or 24% were minority, and 2 or 2.8% were female. During that same period, the Operators Local #617 referred 11 emp 1 oyees, of wh i ch none were mi nor i ty . and 1 or 9% were female. 2. We secure our Carpenters and Laborers through walk-ins and word of mouth. Duri ng the past year we have employed approximately 63 Carpenters of which 3 were minority (approximately 5%) and 0 females. These were referred to the Carpenters Local #104 and admitted for membership. Of approximately 80 minority walk-in applicants, .60 or 75% were employed as Laborers. Of 1 female walk-in applicant, 1 or 100% was employed as a Laborer. 8. Present Work Force Total Non-minority Minority Non-female Female Brickmasons 49 30 16 46 3 Operators 3 3 0 3 0 Carpenters 31 28 3 31 0 Laborers 55 5 49 54 1 C. Opportunities for Placement . - - - - During the period of the next 12 months we anticipate (because of attrition or expansion) employing maybe 50 new craftsmen by categories as follows: Brickmasons Operators Carpenters laborers 14 1 10 25 IV. Goals and Timetables IDA - 6 . . . . Our minority employment goals for the ne~t twelve month period is as follows: Brickmasons Operators Carpenters Laborers 3 1 (oiler, trainee) 4 o Our female employment goals for the next twelve month period is as follows: Brickmasons Operators Carpenters Laborers o o 2 2 V. Specific Affirmative Action Steps - - - - A. We will notify community organizations ln writing that we are an equal opportunity employer and that we have employment opportunities available and will maintain records of the organizations' response. The following is a list of organ i zat ions we wi 11 not i fy: l. 2. 3. B. We will maintain a file of the names and addresses of each mi nority and female app 1 i cant referred to us and note what action was taken with each such referred applicant, and if the appl icant was not employed, the reasons therefor. 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 a collective bargaining agreement has not referred us a mi nori ty 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 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 IDA - 7 . . act i vit i es are non-segregated with the except i on that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. G. The EEO Coord i nator wi 1 1 . cont i nua 11 y mon i tor all personnel activities to ensure that the company's EEO policy is being carried out. . H. We will solicit bids for subcontracts from available minority and female subcontractors engaged in the trades for which we need subcontractors. Where necessary, and possible, we will offer assistance to those minority and female subcontractors who bid or are awarded a subcontractor with our company. - - 1. We will notify each subcontractor of his respective EEG obligation and actively cooperate with HUD in assuring compliance. Signed: - -- (NAME) (TITLE) NOTE TO CONTRACTOR: -- THIS GENERAL OUTLINE MAY BE USED AS A GUIDE IN DEVELOPING AN ACCEPTABLE AFFIRMATIVE ACTION PROGRAM. EACH PROGRAM, HOWEVER, SHOULD BE TAILORED TO THE CONTRACTOR'S SPECIFIC OPERATION AND NEEDS. IDA - 8 .~ . - m r ~ ~~=,J it) C'~ ~~ . e. . - -- aD ~ .... --- ~~'1! a ~ ~: CD 7 :~ U II) .~~~ FRIDAY, APRil 7, 1978 PART IV --- DEPARTMENT OF LABOR Office of Federal . Contract Conlpliance Programs . GOALS AND TIMETABLES FOR FEMALE AND MINORITY PARTICIPATION IN THE CONSTRUCTION INDUSTRY Affirmative Action Requirements "In,.. , . S60-4.2 Solicitations. (d) The following notice shall be included in, and shall be a part of, all solicitations for offers and bids on all Federal and Federally assisted construction contracts or subcontracts in excess of S10,OOO.00 to be performed in geographical areas designated by the Director pursuant to S60-4.6 of this part (see 41 CFR 60-4.2 (a)): . NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) . 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: a - Appendix A The following goals and timetables for female utilization shall be included in all Federal and federally assisted construction contracts and subcontract in excess of $10,000.00. 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. - TIMETABLE 04/01/78 - 03/31/79 04/01/79 - 03/31/80 04/01/80 - 03/31/81 GOALS 3.1 5.0 6.9 Goals for women apply nationwide. 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 all 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 preformed. 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 project. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to FLG - 2 . . 3. project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 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 $10,000.00 at any time 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 subcontractor; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 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. . 4. . . S60-4.5 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 addit i on to the cl auses descri bed 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 geographical areas designated by the Director pursuant to S60-4.6 of this part and in construction subcontracts in excess of $10,000.00 necessary in whole or in part to the performance of nonconstruction Federal contracts and subcontracts covered under the Executive Order. - -- - STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: - a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Di rector" means Di rector, Offi ce of Federal Contract Comp 1 i ance 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 Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having orlglns in any of the Black African racial groups not of Hispanic origin); FLG - 3 .' -. . - Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); 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 Island); and 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 time, subcontracts a portion of the work involving any construction. trade, it shall physically include in each subcontract in excess of $10,000.00 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 lS participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action shall be in accordance ~ith that Plan area (including goals and 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 effect to achieve each goal under the Plan in each other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's toward a goal in an approved Pl an 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 7a through p of these specifications. The goals set forth in the sol icitation 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. The Contractor is expected to make substantially uniform progress toward 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. FLG - 4 . 7. The Contractor shall take specifi c affi rmat i ve act ions to ensure equal employment opportunity. The eva 1 uat i on of the Contractor's compl i ance with these spec ifi cat ions shall be based upon its effort to ach i eve 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, superi ntendents, and other on-s i te supervi sory 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 facil it i es. .a, _., .a - 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 mi nori ty and female off-the-street app 1 i cant and minority or female referral from a union, a recruitment source of 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, i nc 1 ud i ng upgrad i ng programs and apprent i cesh i p and tra i nee 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 complied 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 newspaper, annua 1 report, etc.; by spec ifi c revi ew of the pol icy will all management personnel and with all minority and female employees at least once a year; and by posting the company EEOpolicy on bulletin FLG - 5 . . _. - -- - _. -- g. boards accessible to all employees at each location where construction work is performed. 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 wi th ons ite supervi sory 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. 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. Direct its recruitment efforts, both oral and written, to minority, female and community organ'izations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source; the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. h. i : j. Encourage present minority and female employees to recruit other mi nority persons and women and, where reasonable, provi de after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. -. 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. FLG - 6 Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). 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 7p 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 mi norit i es and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce part i ci pat ion, 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. 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 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 examp 1 e, even though the Contractor has ach ieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). . . -, ... -- ... --' 9. - -- - 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 associates 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. q. 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 barred from Government 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 fail s to carry out such sanct ions and penalties shall be in violation of these specifications and Executive order 11246, as amended. FLG - 7 . 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 snall 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 for 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 CFR part 60-4 become effective. FLG - 8 . CHANGES IN APPENDIX 8 PURSUANT TO OFCCP REGULATIONS - 41 CFR PART 60-4 . 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 $10,000.00 to be performed in the respective geographical areas. The goals are applicable to each nonexempt contractor's total onsite construction workforce, regardl ess of whether or not part of that workforce is performing work on a Federal, federally assisted or nonfederally related project, contract or subcontract. 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 Pl an. With. regard to all thei r other covered construction wo.rk, such contractors are required to comply with the applicable SMSA or EA goal contained in this Appendtx 8-80. -- ... - ....., - APPENDIX B-80 GOALS FOR MINORITY UTILIZATION AUGUSTA. GA. GOALS (Percent) MINORITY FEMALE - -. SMSA Count i es. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Columbia, Richmond & Aiken, S.C. 27.2 6.9 Non-SMSA Count i es. . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . 32.8 Burke, Emanuel, Glascock, Jefferson, Jenkins, Lincoln, McDuffie, Taliaferro, Warren and Wilkes. FLG - 9 - - ..... CERTIFICATION OF NON-SEGREGATED FACILITIES BY PRIME CONTRACTOR The BIDDER certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location under BIDDER's control where segregated facilities are maintained. The BIDDER certifies further that the BIDDER will not maintain or provide for BIDDER's employees any 'segregated facilities at any of BIDDER's establishments, and that the BIDDER will not permit BIDDER's employees to perform their services at any location under BIDDER's control where seg~egated facilities are maintained. The BIDDER agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this BID. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas-, restrooms and washrooms, restaur,ants and other eat i ng areas, t imecl ocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis or race, color, religion, or nation origin, because of habit, local custom, or otherwise. The BIDDER agrees that, except where the BIDDER has obtained identical certification from proposed sub- contractors for a specific time period, BIDDER will obtain identical certifications from proposed sub-contractors prior to the award of subcontracts :""C exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that Bidder will retain such certification in BIDDER's fil es. NSF - 1 . Note: The penalty for making false statements in offers is prescribed in 18 . D.S.C. 551001. Date , 1995 -, - (Name of BIDDER) Official Address BY .... 'W' ITS (Title) (City, State, Zip) _. *Must be included without alteration - NSF - 2 . .. - CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: - (1) .- (2) .-' No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employe of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with 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, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than 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 in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award docwnents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subJect to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Date , 1995 Name Official Address ..... BY: ITS Title City, State, Zip LC - 1 DISCLOSURE OF lOBBYING AcnvTTlES ~""'(}oI.. e)~: - .... Gxn;>!<IC ::-Ul fO<TT\ to cn.dc1.~ \obbyinl) ~ ~: [031 use 1352 (X-e rcvcn< kx pu bJ K: burck1'l di l.do-l ur c j .. 1. Typ< oj h<kr~ A.ction: ~ SI.uU'S oJ Fc<kn.I J...ct>o<r ~ l.qxxt T )-pc 0 L (un rr:.c1 0 J.. b'.dIoff u/~pl;(Jrion 0 L lniti.1, r.Jrn5 b. ~t h. lnitUI :rvrvrl b. rro.> t.cri.;J c.hJ.ngc Co. c::x>o=1 t7v.: ~nl ~ - zv.',)(tj Foc ~ Cu~'c O..iy. ,d. ~ Co. c. I<>>n ~l~ ~ ,q<.U-"cr, _ t. lo.v1 i ~..uru>c c ~ of I~ rc-p<X't" <.. ,~ ~~ oJ. l~ E::Xity. ~ 3- l! ~ Entrt-r ;. Nc.. 4 h Sub~ b.l.C1' Nl,:r-<: 0 5ub.2wud~ ) - U>d .A.dd:ro:a 01. l'-ri=c: .0 , Prime : , ~ T te!", _" if mown: ; Coca.'~ Di:s:tria. if mown: C~ DnJ.rid. if~'r.: "- f~ ~~~~r:nq: 7. hdcnJ Pro~n,:n ~ CfD,A. N,-~, if ozppJiablc:, 1. F e<kn;{ ..4..c:'tion N~ if .l:nown: ~. Alo"OW'd An><xmL if kn.9 wn : ." S 10. 1- N.un.c ~ A.d<J.r=1 01. Lol:>byin~ E n~ h. lrtdiv>dtul., rcrl ~ S-er<-K C') (ir>d lKJ' n s .h10IcS) " (if itxij.yidu2.f. bsf nJ.J'r1c. {me rumc. }.. II: dill crcrrl. /rom No. JO (IJ rt n.:unc. {..--sf nJmc. All>: " (:n~dJ COf'IOnwtio"'l Sh_',I Sf -w....... n~l->N' 11. A.moa:u ol ,., r==J (cMd: :.1) rf1;;1 ~): 13- T J1>C oJ ~nt (e-heel: .17 tiI:J i "pply:: S 0 .<CU.:U 0 phN1cd 0 i. n:l~ncr 0 b. ()()-C-timc I':"'C 12. fonn oj P .<ymcrd (c.he cJ: ;;j) ci'ul ~pJyl: 0 Co. commission 0 :L. =.h 0 C. contingcnt I~ '0 b... in-i:ine: ~'"><:O+r- TUtl.JIC 0 c. del cm:-ci ,0 t. olhc:-; ~r,jf)": v~ue , " J4... Bnd ~ 0I.~ I"-eri CX'l'T>Ct:I (X 10 ~ ,. cri Dm'>e1.1 .u>d DJ.le{l) 01. 5C'!"Yicc.. .i:>d1.1ci.i.r-.; oIDu:n it ~rn~. ()(' M<:-mberi~ (ontXk<l J ex P 2J"'O'C1" lnd'">al cti in hem 11: (J me. c".., r).., lU<ion Sh-<rl) sr-w....... if n...<n\.w"'l'j 13- C orn:i.~ ShcctW sr -Ul-A ~uckd.: 0 y~ 0 NO' - - H... """""-- ----- ~ ,.,;, 100-- .. ~ ..... - J 1 LU-C ~ ').D..'T')o.i&ct-do-.-oI~~:.r.....~~ s~ '?':C:. .J I"", -- ...;...c, ~ - ,-...,..; ..... "'" ..... ..o.~ ......+-..~ ~- -.0. CO' ---d r-. n- .s..o:- .. ~ ,....,......... .. p,-: ~ Uumc. " U.I.Co lll.l. n.;. ~ ..... ... ~ 10 .... ~ ,...;. -....., .... -- ... ---..... ...~ ~ -r .....- -- .... .. TalC': ... .... ---... - ""'" 1M ~ ., . '-'"'" ,-..hr oJ "'" I.M "'- 1'>0-"'" .....- -- ~\lCIJ...DCO~.....ch ........-h l...L...-. TC:c~ No..: D:>lC': - ':;::~~;~;i;t0.(;;,~r?(::~0.~~mDi~~{:;hVs;a;~J~f~f~,i;{~:1W?~:ff~P~~L}4::!;~~:t9.tJm~f!1~i ~ ~ t-:..JI ~ L:1. ..... LC - 2 . INSTRUCllONS FOR COMPLfTJON OF SF-lU.., DISQOSURE OF lOBBYING ACTIYmES - - This di~do-su.-e fcxm L~.1l1 lx compietc-d by L....e reporting entity, wh.ethe:r sub.lWuci~ ()( prl~ FcCe~ re-cipie:-,t. ~t the l:-.ithtion or receipt 01 J. COV1:reO FcCcnl Ktion. ex .1 m2leri41 clunge to .I. previous fili.-1g... pvnu.mt to ti:1c 3: U-S.C s-e-.::rloo 1352. The filing of ~ fC>m1 is required fO( ex.h p2)'TT1ent 0( ~-l9"=ment to m;U.e ~ymen( to my Iobb)in~.cntit)" (or influencinl) 0( ~:1empOn8 to inl1uence .lJ1 officer ex employee of zny ~8r:ncy. ~ Mcmex:r of Congre-ss, 2n _ohice~ or err.p/OY~1: of CongreSl, 0( J.J'\ C"mployN: 01 ~ ~mbcr of Congress in connC'dion ....ith .I cOvered Feder:.ll .Ktion. Use the SF-LU-A Cont(nuJtion Sh<:-1:t (C( Kidition:.ll in(orm.ltion if the IpKe on the form is inJoequJte. Complete JJI ilcm~ :11"1 J.pply 10<" bath the initiJ.1 fi1inS Jnd m2lcriJJ cl1.2nge report. Refer to tile implementing guidJ.nce published by the Office ()f M~.2Bemen( md Budget fO( KJdition.1l informHion. 1. Identify the :yPc of COYereO ft.rieriJ .lC'Jon for which lobbying Ktivity is mdior !-us bc~ sc-arn:-ri to in;!l.'ence the outcome of J. coYere-d Feder.U .lction. 2. Identify the slltus of the COV'Creri Fc-denl Ktion. 3. Identify the .lppropri.lte d~~fiution of this report. If this is .J. followup report uu~ by.l rrutC1i4.1 ch2nge (0 rJ'~ in(0rm.2tion previousty reporlc-d, enter the yeu H)(j qu..mer in which ~ clunge 0<:.0.l1'T"c'd. Enter the cUte 01 the l.1.St p~ous.1y submined report by this reporting entity fO( this covCf"ecl Fe<kr~ Ktion.. -4. Enter the full TUlTle, ldd1"C"Ss, city, sute lnd zip code 01 the reporting entity. Irtdude Coogn:ssiOfUl Distnd. if known. O1ed the lpproprilte dls~fjC.2tion o( the n:porting entity thJt design2tes if rt ~, or expects to lx. ~ prime 0( S"Ub.lW2rd recipienL Identify the tier of the SUb;lW.lrdet:, e.g~ the first sublwude-e of the prime is the 1st lier. Su~uds indU<k but 2re not limited to subcontncts, subgnnO; md contrlct lWWS under grmts. 5. II the OrgJIliutiOll filing ~ repon in item ~ checks ~Sub.lWWN:., then enter the full lUme, ldci1"C"Ss, ot)', s;alr 2nd zip. code 01 the prime FeOer.U ~ipient. Include CongressioruJ Diruict if mown. .~ , 6. Enter the nlme of the Fedcr~ 1gency l"n<lking the dw;ud or loa.n commitment. Include.J.t le.2s: one orpnizJtioNJ leve.J below 2gency rume, jf mown. For example, Depmment 01 Transportation, United Stl tes CoJ.sr Guard. 7. EntC1'" the FederJ1 progrlm rume Of de-saiption (or the covere-d Fc-der.ll .lction (item 1). If known, enter the full uulog of Federll Do~tic Assist.2nce (CFDA) number for gr.l.nlS. cooperltive .lgre-emenls, 102ns. Jnd 102n commitments. 8. Enter the most .lpproprilte Feder~ identifying numher 2'V~llble for the Feder21 lction identified in ;te~ 1 k.S., Requ~t for ProposaJ (RFP) number; Invitation for E;d (lFB) number; ,::ra-nt 2nnouncem::n! number; :he COnir2C:. gr.2nL or JO.l.n 2ward number; the .2pplicJlionJpropos.~ control number l~signed ~,' the re..::ierJ! 2gene)')_ IncJua'o::. prefixes, q;_. "RFP-DE-90-001." 9. For 2 covered FcderJI Jction where -there hls been U1 JW2rd or 102n commiLmenl by the Federal Jscn'=1-. enter the Feder.1l 2mOunt of the 4Wud:10ln commiL~nt fex t:ht: pr.roe entity identifie-d in item'" or 5. 10. (.2) t:Jter the full name, 2ddress, city, st2te 2.11d zip c.:x:ie of the lobbying entity engaged br tile repor-::ng enti:~' identified in item ~ to influence the covcn:d Fe-denJ lction. (b) Enter the full rum~ of the indi,;dUJJ(s) performing services. .l.lld indude full 2ddress if different from 10 (l). Enter ust N.2J"l1e, First N.lme, .l.lld Middle Initi;u (MI). 11. Enter the .2J"l10unl 01 compenSltion pJid ex re.1.Sorubty ex~e-d to b-e p.2id by' the reponing entity (item 4) to the lobbying entity (item 10). Indiote whether the p.lyment hls been mlde (Jctu..ll) ex \',;/1 b-e mlCe (pIJIlnec),- Check ..2JI box~ tr-.2t 2pply. If rnn is ~ rT'-.2teri.1l change report. enter the cumul.ltive 21nOunl 01 p.zymcnt m..lde or plaMed to b-e nude. 12 Ched: the .lfJpropriJte oox(es). Check .JI boxes t:h4t 2PPfy. If payment is mloe through 2n in-kind contribution, speafy the rurun: md V..lJuc of the in-kind p4)'ffienL 1~ ~ the .If'propri..lle t>ox{es). Oled ~I boxes tlul .lpply. If other, specify n.lture. 1~_ Provide l specific .1nd det2J1ed description of the ServiCC1 th.lt the lobbyist h.15 performed.. or .....,11 be eX,;x-cted to perform. md the d.lte-{s) 01 2.11y service-s renciereti. Indude .Ill prep.lr.l.tory Jnd re/2led Ktivit)', not just time spent in Ktu;u coolXt with Fc-dC1'"~ offici~s. Ickntify the Feder:.ll omci;u(s) or employe-c-(s) cont..lcted or the ohiceris), employ::-e<s), ()( Member(s) 01 Congress ttut 'Wen: COIll2cted. 15. Oed; whether or not ~ SF-W-A ContinU.2tion Sh~t\s) is ~lt2ched. 16. Th-c certifying offio.21 shl/l sign 2l1d d:lte the (orm. print nis,ilcr n2me, title, ;Jnci telephone numbn ~ repo:1i~ burden for thrs colk<tio<1 01 intO<"TTU'tion rs cron'UlC(! to ~c ~ mintuC1 ~ ~. iocludin; ~ fex ~n!: ~ ~~ cxtro"l; d.1U ~n.. ~2~ uxJ rr~nutni~ the d.tu~. uxJ compkti~ N>d ~"b the co.:ic-:-tir...... of irrl O<TT'U Don. ~ C'Ommef'rtJ ~ ~ the burcie<1 M Ii mJ. t.c IX M"T'f o!her ~~ o! thi s e all ection of in fom-u Don. irxJ u6i "!; ~U ~ :ion, fo<- reduci~ thi-s burden. to !he Of"f'.a 01 ~e~ uxJ B~et. p~ Re-dUC'tion ~ (O~l. W~}--.i~ D_C. 20503. LC - 3 ...--.----..-......---------..-----------------... ....... . federal Rq;islor I Yol. 54. No. 243/ Wecinesday. December 20. 1988 / NOtice2 51.125 DISCLOSURE OF LOBBY1NG ACflVmES CONTlNUATlON SHEET ~ 'Dr c-<! ~ . ~ Entity: P:l.l)C _ 01 .' - .. ...... - '.... .~ ~od k>< LooI r....~ \.ur>oLrd 1 <><- - lll-l. LC - Ii . . '. - TSI-OI. - TS1-02. - TSI-03. TSI-04. TSI-05. T51-06. TECHNICAL SPECIFICATIONS SECTION I GENERAL GENERAL: A. Provide all labor, material, equipment and services required for installing, testing and placing of materials and devices to prOVide a complete operating electrical system for street lighting as herein specified and/or shown on the plans. GUARANTEE: Refer to Section GC-40, General Condit ions of the Contract Documents. SUBSTITUTIONS: Refer to Section GC-08, General Conditions of Contract Documents. SHOP DRAWINGS: Refer to Section GC-04, General Conditions of the Contract Documents. MANUFACTURERS: For the purpose of designating type and quality of work under this Section, materials specified are based on products of the first manufacturer listed, further listed manufacturers are acceptable provided they meet the specifications of the first, and are acceptable to the Engineer. STANDARDS FOR MATERIAL AND WORKMANSHIP: A. All material shall be new and shall conform with the standards of Underwriters' Laboratories, Inc., in every case where such a standard .had been established for the particular type of material in question. B. Work shall be at all times under the supervision of an electrician licensed for work in the City of Augusta. C. All like electrical apparatus shall be of the same manufacturer. TS - 1 . . .- TSl-12. - RS 1-13 : .... exteriors of the equipment. c. Repaint damaged surfaces on the equipment and materials with spray painting equipment and the same quality of paint and workmanship used at the factory so the repainted areas will not be noticeable. TESTS: After the ent ire e 1 ectri ca 1 system is completed, and at such time as directed the Contractor shall conduct an operating test for approval. The tests shall be performed in the presence of the Owners authorized representative, and the equipment shall be demonstrated to perform in accordance with the requirements of these Plans and Specifications. The Contractor shall furnish all equipment and personnel required for the tests. REJECTION OF MATERIALS: The Engineer shall have authority to reject any materials, equipment, or workmanship not ~omplying with these specifications and have Contractor replace defective work or materials so rejected immediately upon notification of rejection. Any material or equipment so rejected shall be removed from the job within 24 hours of such rejection, otherwise the Engineer may have same removed at the Contractor's expense. TS - 3 . TSI-07. . - - TSI-08. - TS1-09. ... TS1-010. TSl-ll. CODES AND ORDINANCES: The following codes and ordinances are hereby made a part of this specification in-so-far as applicable as minimum requirements. When requirements of contract drawings and specifications exceed codes and ordinances, former shall govern. 1. National Electrical Code, 1993 Edition. 2. State and Local Codes. PERMITS AND INSPECTION FEES: Electrical Contractor shall apply for, obtain and pay cost of permits and local inspections required. DRAWINGS: A. The plans show the general location of fixtures, conduits, and circuit arrangement for all work. Because of the small scale of the plans, it is not possible to indicate all of the details involved. B. No deviation from intent of contract drawings shall be made without written approval. Should deviation become necessary, details and reasons therefor shall be submitted as soon as practical for approval. EQUIPMENT PROTECTION: A. Pack or crate the equipment and materials so they will not be damaged during shipping, storing and handing. B. Protect the painted surfaces with removable heavy kraft paper or equal installed at the factory. C. Store the equipment and materials where they will have adequate dryness prior to installation. D. Remove the protective coverings prior to the final inspection. CLEANING AND PAINTING: A. Thoroughly clean all equipment immediately before testing and immediately before putting the equipment into service. B. Prior to the final inspection, wipe clean the interiors and exteriors of the equipment. TS - 2 . . - - TS2-01. - - ..... - .- TS2-02. TECHNICAL SPECIFICATIONS SECTION 2 PRODUCTS CONDU IT : A. Types: 1. Rigid steel conduits, threaded galvanized. "ALL USES". B. Acceptable manufacturers are: 1. 2. 3. 4. 5. 6. 7. Allied Tube and Conduit Corp. Republic Steel Corp. National. Triangle. Jones and Laughlin Steel Corp. Carlon Queen City CABLES AND WIRES: A. Ratings and Sizes. 1. Shall not be less than indicated on the drawings and not less than required by the N.E.C. 2. Minimum size shall be No. 10 AWG Copper, except where permitted by the N.E.C. The minimum size for control circuits shall be No. 14 AWG Copper provided the maximum voltage drops in the control circuits will not adversely affect the operation of the controls. B. Conductors and Ground Wires: 1. All conductors shall be copper. 2. All conductors shall be stranded. C. Types of insulation: 1. Insulation shall be the N.E.C. type XHHW. TS - 4 . .- - - -- .- -- -- TS2-03. .- All wi re shall be factory color coded for size No. 10 and smaller. Color shall be by integral pigmentation with separate color for each phase, neutral and grounding conductor. E. Manufacturer's name and other pertinent information shall be . marked or molded clearly on the overall jacket's outside surface or incorporated on marker tapes within the cables and wires at reasonable intervals. D. F. Acceptable manufacturers are: l. General Electric 2. Okonite 3. Senator 4. Triangle 5. Anaconda 6. Southwire FUSING: A. Each lighting fixture and receptacle circuit shall be fused using Bussman waterproof in-the-line fuse and fuse-holder installed in the pole at the handhole or in the pole base. Fuse-holder sha llbe as shown on the drawings. Each phase wire in the pole shall be protected. Fuse sizes shall be as indicated on the drawings. TS - 5 .... = TS3-01. TECHNICAL SPECIFICATIONS SECTION 3 EXECUTION CONDU IT : A. All conduit shall be rigid steel and shall not be sized less than shown on the plans. B. Rigid Conduit. Couplings and Connections; 1. Install standard, conduit-threaded fittings. 2. Ream the ends of conduits after cutting and threading them. 3. For connections to sheet metal boxes, cabinets and other sheet metal enclosures, install locknuts on the inside and outside of the enclosure for each connection. C. Installation of plastic conduit: 1 . Shall be i nsta II ed in complete accordance wi th manufacturer's recommendations. 2. Shall be a minimum of 2'-0" below finished grade when not covered by concrete. 3. Shall have properly sized bond wire installed with all circuits. 4. Bends and turns shall be kept to a bare minimum. 5. Extreme care shall be taken to avoid crushing or cracking conduit. "DO NOT" run vehicles over exposed conduit under any conditions. 6. All conduit and fittings shall be solvent welded. D. Insulated bushings: 1. Install bonding insulated throat bushings on the ends of all rigid conduit, and bond to base with #10 ground. 2. The insulating material shall be designed for rugged, long service. TS - 6 ...... - TS3-02. 3. Bushings which consist of only insulated material will not be accepted. Fittings which incorporate insulated bushings will be considered for approval in lieu of fittings with separate bushings. E. All coup lings and connections in 1 ocat ions where water or other liquids or vapors might contact the conduit shall be watertight. 4. F. Close empty conduit end with plugs or caps until the cables and wires are pulled into them to prevent the entry of debris. G. Install the conduits as complete runs before pulling-in cables and wires. H. Avoid bend or offsets where practicable: 1. Do not install more bends, offsets or equivalent in any conduit run than permitted by N.E.C. 2. Do not install crushed or deformed conduits. 1. Clogged raceways shall be entirely free of obstruction or shall be replaced. J. Minimum burial depth shall be as noted on the drawings. CABLES AND WIRE: A. All wiring shall be in conduit. B. Every coil or wire shall be in the original wrapping and shall bear the Underwriters' Label of approval. C. Where wi res are 1 eft for connect ions to any fi xture or an apparatus spare wire or cable shall be provided at the ends for 'connections. D. Outer jackets shall be color code as follows, or as noted on the drawings. 1. Single phase circuits, 120/240 volt: a. Phase A - Black b. Phase B - Red TS - 7 ". - -- . - - TS3-03. - - .- c. Neutral - White d. 'Insulated ground wires - Green 2. Only for large power cables and wire which do not have color coded jackets: No.6 and larger. a. Install bands of adhesive non-fading colored tape or slip-on bands of colored plastic tubing over the cables and wires at their originating and termination points, and any other portion of the circuit where the conductor is exposed to view. Colors shall be permanent and shall withstand cleanings. b. E. No Circuit wiring shall be smaller than n~mber 10. GROUNDING: A. Grounding shall strictly conform to the requirements of the 1993 National Electrical Code and the National Electrical Safety Code. All non-current carrying metallic parts of equipment shall be grounded. B. t. Service ground shall be connected to driven ground rods and shall be sized as shown on the drawings. D. All screwed conduit connection shall be securely and firmly tightened with pipe wrenches. E. Bonding and grounding bushing, with nylon insulated throat and screw lugs shall be installed on all feeder conduits and conduits 1" or larger for positive bonding to the enclosure. F. Nylon insulated steel bushing shall be installed on all 3/4" or smaller rigid conduit at all enclosures. When bushing has been firmly and securely tightened, a minimum of 3 threads shall be engaged. G. Bond i ng to dri ven ground rods shall be by the exothermi c welding process, (Cadwell) no ground clamps. TS - 8 ~. . TS3-04. .... .... EARTHWORK: A. This section covers earthwork including excavation. B. Earthwork includes all earthwork operations required by the drawings and specifications for trenching, and,installation of conduit. . C. Existing Utilities Etc: protect services to existing buildings including roads, pavements, utilities, and equipment. D. Concrete Slabs and Pavings: Sections of existing concrete, brick or paving (streets, drives or sidewalks) that are required to be removed where excavation or trenching occurs, shall be sawcut and neatly removed. E. Trench Earthwork: 1. Trenches shall be excavated to a width as necessary for proper performance of the work. a. The bottom of trenches shall be graded and scooped-out, to provide a uniform bearing surface for the conduit. b. The length of open trench, in advance of conduit 1 ayi ng, shall not be greater than is authori zed by the Engineer. 2. Excavation shall be accompl ished as required by drawings and specifi cat ions. Subgrade materi al s, that are determined as unsuitable shall be removed and replaced with acceptable material. F. Filling and Backfilling: 1. All filling and backfilling shall be accomplished by the Contractor. T5 - 9 ~. :::.. ". TS3-05. G. Asphaltic and Concrete Street and Drive Surfaces: 1. Asphaltic or concrete street and drive surfaces shall be bored uhder. DO NOT CUT. CLEAN-UP Contractor will remove all debris, rubbish, and excess material from the work area each day. TS - 10