HomeMy WebLinkAboutStreet Lighting Improvements Program
Augusta Richmond GA
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DOCUMENT TYPE: Cor1n:;;;e-1--
YEAR: / q 9G
BOX NUMBER: I
FILE NUMBER: ) ~ U ~ ~
NUMBER OF PAGES:
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CONTRACT DOCUMENTS
FOR
.
"PUBLIC FACILITIES & IMPROVEMENTS"
...,
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STREET LIGHTING IMPROVEMENTS PROGRJ\M
\.
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11 TH AND 12TH STREETS-BROAD STREET TO GREEN'STREET
CITI' REFERENCE # 86-040 (P) 2
'........
FOR
TIlE CITI' OF AUGUSTA, GEORGIA
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PREPARED BY
ELECTRICAL DESIGN CONSULTANTS, INC.
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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.
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:...:..~c~.t.te~~..........:m~..~~I!!:m~:mj~i.:....~.I.1....:~.I.~.II~!m.~~.I.I.I.....:::::::::::::.:::.:::::::::::...:.:.......:.............................
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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.
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INDEX TO SPECIFICATIONS
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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
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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
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ADVERTISEMENT FOR BIDS
THE CITY COUNCIL OF AUGUSTA, GEORGIA
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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
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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
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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.
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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.
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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.
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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.
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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,
.
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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
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?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;
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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;
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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
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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.
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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
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THE AMERICAN INSTITUTE OF ARCHITECTS
.
I
AlA Document A310
Bid Bond
.
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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)
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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
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1046445
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United States FiderIty and Guaranty Company
PGYm of AuDruey
No. 109181
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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
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. , ,..
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.
-
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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,'
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,\' -
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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
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" "
~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
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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:
.~
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'fA - 1
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..
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.
. In Testimony Whereof. I have hereunto set my hand andli2'" .. U.......... ~:..... ""'''' "'~. 11th
day II D3:Ent:er . 19 S6 '
. e .......!.~.... .~~.~......
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BaItimon Citr
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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
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21.
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(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
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25. Paymer.t to Contractor
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(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
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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
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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.
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30. Additional or Substitute Bond
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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.
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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.
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32.
Mutual R2sponsibility of Contractors
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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.
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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.
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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.
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(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
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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
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(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.
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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.
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44.
Protection of Lives and Health
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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.
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45.
Subcontracts
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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.
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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:
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(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
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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.
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49. Equal Employment Opportunity
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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
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(7)
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(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)
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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
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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.
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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.
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2. The contractor agrees to comply with the rules, regulations, and
relevant orders of the secretary of labor issued pursuant to the
act.
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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
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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.
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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
....
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SGC - 8
Exhibit
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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)
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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.
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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.)
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.
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(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)
-
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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)
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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. .
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(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.
.
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(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)
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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.... ......
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~ 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
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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.
.
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aD
~
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~~'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.
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--
-
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).
.
.
-,
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...
--'
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
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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
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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
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TS3-03.
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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
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TS3-04.
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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.
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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