HomeMy WebLinkAbout6th Street Pedestrian Way
Augusta Richmond GA
DOCUMENT NAME: 101:P 'S-\-~ \JEDeSTflaO v0:)~
DOCUMENT TYPE: ~~()(yj11fY)
YEAR: ql
BOX NUMBER: D '3
FILE NUMBER: \ c,d~ ~
NUMBER OF PAGES:
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PUBLIC WORKS AND ENGINEERING
Room 701. Municipal Building LJ. ~ ~ / ~ J, f'';' /
530 Greene Street ~ ~
Augusta, Georgia 30911
Telephone: (706) 821-1706
F~ (706) 821-1838
MEMORANDUM OF TRANSMITTAL
DATE'
/o//tp/97
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TO:
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FROM: OFFlCE OF DIRECTOR PUBUC WORKS & ENGINEERING
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AGREEMENT
for .
TRANSPORTATION ENHANCEMENT ACTIVITIES
between
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
and
AUGUSTA-RICHMOND COUNTY
THIS AGREEMENT, made and entered into thi~ day of A h;i"" {",
1997, by and between the DEPARTMENT OF TRANSPORTATION, an agency of teState
of Georgia, hereinafter sometimes referred to. as the "DEPARTMENT", and Augusta-
Richmond County, hereinafter sometimes referred to as the "SPONSOR".
. . WHEREAS, the SPONSOR has been approved by th~ DEPARTMENT to .
carry out a Transportation Enhancement Activity which consists of furnishing the design
& engineering seNices for the preparation of preliminary plans and final construction
plans, and the construction of Pedestrian Walkway Ramp (Sixth Street Ramp) and
Handicapped Access Ramp (Oglethorpe Ramp), Project No. STP-000E(25), PI No.
270880, Richmond County, Georgia, hereinafter sometime referred to as the "PROJECT";
and
WHEREAS, the DEPARTMENT is authorized to receive federal funding for
Transportation Enhancement Activities for Georgia pursuant to provisions of 23 U.S.C.
Section 133(b)(8); and
WHEREAS, the PROJECT is expected to positively impact the quality of
transportation in the State of Georgia; and '
WHEREAS, the DEPARTMENT desires to financially participate with the
SPONSOR in the development of the PROJECT; and
WHEREAS, the SPONSOR has represented to the DEPARTMENT that it
is has the authority to receive and expend federal funds for the purpose of this PROJECT
and is qualified and experienced to provide such seNices necessary for the development
of the PROJECT and the DEPARTMENT has relied upon such representations; and
WHEREAS, under Section 32-2-2(a)(7) of the Official Code of Georgia
Annotated, the DEPARTMENT is authorized to 'participate in such an undertaking.
NOW, THEREFORE, the DEPARTMENT and the SPONSOR, both
governmental entities of the State of Georgia, pursuant to Article IX, Section III, Paragraph
I(a) of the GeorgiaConstitution of 1983, and in consideration of the mutual promises and
covenant contained herein, do hereby agree as follows:
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ARTICLE I
SCOPE AND PROCEDURE
The SCOPE AND PROCEDURE for this PROJECT shall be the construction
of a pedestrian walkway ramp (Sixth Street Ramp) that is .parallel to and on the eastern
side of the Norfolk Southern Railroad and extends northward from near the parking lot to
the Riverwalk Extension. Also to be constructed will be a handicapped access ramp
(Oglethorpe Ramp) that will extend on the north side of the Savannah River Levee from
the Riverwalk to the walkway adjacent to the edge of the Savannah River and to the
marina near the Norfolk Southern Railroad Bridge. Both projects will also include
installation of electrical equipment, landscaping, and irrigation appliances in the vicinity
of the ramps. This project is identified as Project No. STP-000E(25), PI No. 270880,
. Richmond County, Georgia. All work is identified and set forth in Exhibit A, WORK PLAN;
Exhibit B, WORK SCHEDULE; and Exhibit C, BUDGET ESTIMATE, which are attached
hereto and incorporated as if fully set out herein. The scope of work is further defined by
the PROJECT design and construction plans ("PROJECT PLANS") on file with the
DEPARTMENT and the SPONSOR and referenced as if attached hereto and incorporated
as if fully set out herein.
The SPONSOR shall be responsible for assuring that the PROJECT will be
economically feasible and based upon sound engineering principles, meet American
Association of State Highway and Transportation Officials ("AASHTO") Guidelines and will
be sensitive to ecological, environmental and archeological issues.
The WORK PLAN sets out the scope of work for the PROJECT. It is
understood and agreed that the DEPARTMENT shall participate only in the PROJECT as
specified in Exhibit A, WORK PLAN.
During the development of the PROJECT the SPONSOR has taken into
consideration, as applicable, the DEPARTMENT's "Standard Specifications for the
Construction of Roads and Bridges"; 1993 Edition, and "1996 Supplemental Specification
Book", . AASHTO standards for bicycle facilities; FHWA guidelines for pedestrian facilities;
compliance with the U.S. Secretary of the Interior "Standards and Guidelines, Archaeology
and. Historic Preservation"; compliance with Section 106 of the National Historic
Preservation Act 011966 and with Section 4(f) of the US DOT Act of 1966;compliance with
the Archaeology and Historic PreservationAct of 1974; compliance with the Archaeological
Resources Protection Act of 1979 and with the Native American Graves Protection and
Repatriation Act, the GeorgiaAbandoned Cemeteries and Burial Grounds Act of 1991 ;
. compliance with the DEPARTMENT's Scenic Byways Designation and Management
Program, and with the American Society of Landscape Architect Guidelines; compliance
with the Outdoor Advertising Requirements as outlined in the Official Code of Georgia
Annotated, Section 32-6-70 et.seQ. and other standards and guidelines as may be
applicable to the PROJECT.
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The SPONSOR has acquired rights of way for the PROJECT in accordance
with State and Federal Laws, DEPARTMENT's Right of Way Procedure Manual, Federal
Regulations and particularly Title 23 and 49 of the Code of Federal Regulations ("CFR"),
as amended. The SPONSOR further acknowledges that no acquisition of rights of way
occurred until all applicable archaeological, environmental and historical preservation
clearances were approved.
The SPONSOR shall ensure that all contracts as well as any subcontracts
for the construction of the PROJECT shall comply with the Federal and State legal
requirements imposed on the DEPARTMENT and any amendments thereto. The
SPONSOR is required and does agree to abide by those provisions governing the
DEPARTMENT's authority to contract, specifically, but not limited to Sections 32-2-60
through 32-2-77 of the Official Code of Georgia Annotated; the DEPARTMENT's Rules
and Regulations governing the Prequalification of Prospective Bidders, Chapter 672~5; and
the DEPARTMENT's "Standard Specifications", 1993 Edition, "1996 Supplemental
Specification Book", and any Supplemental Specifications and Special Provisions
applicable for the PROJECT.
The SPONSOR further agrees to comply with and shall require the
compliance and physical incorporation of Federal Form FHW A-1273 into all contracts or
subcontracts for construction, as attached hereto and incorporated herein as Exhibit D,
Terms and Conditions.
ARTICLE II
COVENANTS AGAINST CONTINGENT FEES
The SPONSOR shall comply with all relevant requirements of all Federal,
State and local laws including but not limited to those applicable requirements as outlined
in Exhibit D, TERMS AND CONDITIONS. The SPONSOR warrants that it has not
employed or retained any company or person, other than a bona fide employee working
solely for the SPONSOR, to solicit or secure this Agreement, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for
the SPONSOR, any fee, commission, percentage, brokerage fee, gifts or any other
consideration, contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, the DEPARTMENT shall have the right to annul
this Agreement without liability, or in its discretion, to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
ARTICLE III
EMPLOYMENT OF DEPARTMENT'S PERSONNEL
The SPONSOR shall. not employ any person or persons in the employ of the
DEPARTMENT for any work required by the terms of this Agreement, without the written
permission of the DEPARTMENT-except as may otherwise be provided for herein.
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ARTICLE IV
REVIEW OF WORK
Authorized representatives of the DEPARTMENT and the Federal Highway
Administration, ("FHWA"), may at all reasonable times review and inspect the activities
and data collected unQer the terms. of this Agreement and any amendments thereto,
including but not limited to, all reports, drawing, studies, specifications, estimates, maps
and computations prepared by or for the SPONSOR. The DEPARTMENT reserves the
right for reviews and acceptance on the part of affected public agencies, railroads and
utilities insofar as the interest of each is concerned.
Acceptance shall not relieve the SPONSOR of its professional obligation to
correct, at its expense, any of its errors in the work. The DEPARTMENT's review
recommendations shall be incorporated into the work activities of the SPONSOR.
The SPONSOR shall keep accurate records in a manner approved by the
DEPARTMENT with regard to the use of the property and submit to the DEPART~ENT
upon request, such information as is required in order to ensure compliance with this
ARTICLE.
ARTICLE V
TIME OF PERFORMANCE
TIME IS OF THE ESSENCE IN THIS AGREEMENT. The SPONSOR shall
perform its responsibilities for the PROJECT, commencing on receipt of written "Notice to
Proceed" from the DEPARTMENT and shall complete the PROJECT no later than June
30, 1998. The work shall be carried on in accordance with the schedule attached to this
Agreement as "Exhibit B", WORK SCHEDULE, with recognition that unforeseen events
may make necessary some minor variations in that schedule.
The work shall be carried on expeditiously, it being understood, however,
that this Agreement may be extended or continued in force by mutual consent of the
parties and evidenced by a written amendment thereto.
ARTICLE VI
RESPONSIBILITY FOR CLAIMS AND LIABILITY
The SPONSOR shall be responsible for any and all damages to property or
persons and shall indemnify and save harmless the DEPARTMENT, its officers, agents
and employees from all suits, claims, actions or damages of any nature whatsoever
resulting from the negligence of the SPONSOR in the performance of work under this
Agreement.
It is understood by the SPONSOR that claims, damages, losses and
expenses may include monetary claims made by the construction contractor for the
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PROJECT, and its related facilities, that are a result of the SPONSOR's negligence or
improper representation in the plans.
The SPONSOR shall require that the provisions of this Article are included
in all contracts and subcontracts.
These indemnities shall not be limited by reason of any insurance coverage
held by the SPONSOR or the SPONSOR's contractors or subcontractors.
ARTICLE VII
INSURANCE
Prior to beginning work, the SPONSOR shall obtain and where applicable
cause its contractors and subcontractors to obtain and furnish certificates to the
DEPARTMENT for the following minimum amounts of insurance:
(1) Workman's Compensation Insurance in accordance with the laws of
the State of Georgia.
(2) Public Liability Insurance in an amount of not less than one hundred
thousand dollars ($100,000.00) for injuries, including those resulting
in death to anyone person, and in an amount of not less than three
hundred thousand dollars ($300,000.00) on account of anyone
occurrence.
(3) Property Damage Insurance in an amount of not less than fifty
thousand dollars ($50,000.00) from damages on account of any
occurrence, with an aggregate limit of one hundred thousand dollars
($100,000.00).
(4) Valuable Papers Insurance in an amount sufficient to assure the
restoration of any plans, drawings, field notes, or other similar data
relating to the work covered by the PROJECT.
Insurance shall be maintained in full force and effect during the life of the
Agreement and until final completion of the PROJECT.
ARTICLE VIII
COMPENSATION AND PAYMENT
It is agreed that the compensation hereinafter specified includes both direct
and indirect costs chargeable to the PROJECT under generally accepted accounting
principles and as allowed in the Federal Acquisition Regulations Subpart 31.6, and not
prohibited by the Laws of the State of Georgia.
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It is understood and agreed that the total estimated cost of the PROJECT as
outlined in this Article and as shown in Exhibit "C", BUDGET ESTIMATE, attached hereto
and incorporated as if fully set out herein, is Three Hundred Twenty Thousand and No/100
Dollars ($320,000.00). The total estimated cost of the PROJECT to be financed under the
Transportation Enhancement Activities program of the U.S. Department of Transportation
FHW A is Two Hundred Fifty-:Six Thousand and No/100 Dollars ($256,000.00) which ;s
80% (the "Federal Share") of the total estimated cost of the PROJECT and is the maximum
amount of the DEPARTMENT's obligation. The remaining Sixty-Four Thousand and
No/100 Dollars ($64,000.00) which is 20% (the "Local Share") of the total estimated cost
of the PROJECT, shall be included in the SPONSOR'S annual operating budget attested
to by the attached Authorizing Resolution, for disbursement in accordance herewith:
TOTAL
FEDERAL
LOCAL
TOTAL
$320,000.00
$256,000.00
$256,000.00
$64,000.00
$64,000.00
CONSTRUCTION $320,000.00
Th.e approved PROJECT budget shall include any claims by the SPONSOR
for all costs incurred by the SPONSOR in the conduct of the entire scope of work for the
PROJECT. Eighty percent (80%) of this amount, which is the Federal Share, shall be paid
to the SPONSOR after receipt of billing and approval of subject amount by the
DEPARTMENT's project manager.
The SPONSOR shall be solely responsible for any and all amounts in excess
of Three Hundred Twenty Thousand and No/100 Dollars ($320,000.00), which such
amount in excess being payable only with non-Federal aid funds. In no event shall the
Federal Share of the PROJECT exceed Two Hundred Fifty-Six Thousand No/100 Dollars
($256,000.00), which is the DEPARTMENT's maximum obligation. If the total cost of the
PROJECT is less than Three Hundred Twenty Thousand and No/100 Dollars
($320,000.00), the DEPARTMENT and the SPONSOR shall each be responsible for their
respective pro-rata share of such cost.
The SPONSOR shall submit to the DEPARTMENT a revised budget in
accordance with the successful contractor's bid within ninety days from the date of the
contractor's contract being awarded for construction, and before any construction work o'n
the PROJECT may begin. The approved project budget must comply with the activities as
set forth in ARTICLE I, SCOPE AND PROCEDURE. A supplemental agreement shall be
executed between the DEPARTMENT and SPONSOR and the successful bid amount shall
become the new budget for the PROJECT. The SPONSOR shall be responsible for all
costs in excess of the established Federal Share.
No expense for travel shall be an allowable expense for the SPONSOR
under this Agreement unless such travel is listed in the approved PROJECT budget
submitted by the SPONSOR to the DEPARTMENT. In addition, budgeted costs for travel
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shall be limited to the amount included in the approved PROJECT budget, unless prior
DEPARTMENT approval is obtained for increasing such amount.
The SPONSOR further acknowledges and agrees that in the event that on-
site construction of the PROJECT for the PROJECT is not commenced within ten (10)
years after the date on which Federal funds are first made available out of the Highway
Trust Fund for preliminary engineering of such PROJECT, the SPONSOR shall pay to the
DEPARTMENT for purposes of reimbursement of the Federal Share an amount equal to
the Federal funds made available for preliminary engineering for the PROJECT. It being
further agreed by the parties that if, in the future, the Federal Highway Administration
waives the repayment requirements for the PROJECT as stipulated in Section 102(b) of
Title 23, U.S.C., the SPONSOR shall not be required to provide for repayment of the
Federal Share of the PROJECT's costs incurred for preliminary engineering.
The SPONSOR shall coordinate construction activities with the
DEPARTMENT's Area Engineer. In the event the SPONSOR or Area Engineer
recommend changes representing a fundamental departure from the PROJECT's
approved Work Plan or Budget, the changes shall be reviewed by the DEPARTMENT's
Project Manager. If the changes are approved, the DEPARTMENT's Project Manager
shall prepare a supplemental agreement to amend the Agreement's Work Plan or reduce
the Budget. Costs in excess of the awarded bid, whether increased by in-the-field changes
or fundamental changes in work plan, shall be the responsibility of the SPONSOR.
The SPONSOR shall submit to the DEPARTMENT monthly reports of the
PROJECT's progress to include a report on what was accomplished during the month,
anticipated work to be done during the next month and any problems encountered or
anticipated. Payment on account of the above fee shall be made monthly on the basis of
calendar months, in proportion to the percentage of work completed for each phase of
work. Payments shall be made after approval of a certified voucher from the SPONSOR.
Upon the basis of its review of such vouchers, the DEPARTMENT shall, at the request of
the SPONSOR, make payment of the Federal Share to the SPONSOR as the work
progresses, but not more often than once a month. Should the work for the PROJECT
begin within anyone month, the first voucher shall cover the partial period from the
beginning date of the work through the last date of the month in which it began. The
vouchers shall be numbered consecuth/ely and subsequent vouchers submitted each
month until work for the PROJECT is completed.
Payment shall be made in the amount of sums earned less previous partial
payments and less an established retainage of two and one-half percent (2.5%) of the
sums earned and this amount shall be held by the DEPARTMENT until final acceptance
of the PROJECT by the DEPARTMENT. The final invoice shall reflect the actual cost of
work accomplished by the SPONSOR under the terms of this Agreement, and shall be the
basis for final payment.
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Should the work under this Agreement be terminated by the DEPARTMENT,
pursuant to the provisions of ARTICLE XV, the SPONSOR shall be paid based upon the
percentage of work completed at the point of termination, notwithstanding any just claims
by the SPONSOR.
ARTICLE IX
FINAL PAYMENT
IT IS FURTHER AGREED that upon completion and acceptance of the work
by the SPONSOR, the SPONSOR shall submit to the DEPARTMENT, the final invoice and
materials certification statement. The DEPARTMENT shall review the materials
certification statements and any material documentation. Upon determining the materials
to be in compliance, the DEPARTMENT shall issue the Materials Certificate. The
DEPARTMENT shall inspect the work for compliance with the plans and specifications.
Upon determining compliance, the DEPARTMENT shall process the final construction
report initiating the DEPARTMENT's project close-out procedures. Whereupon the
DEPARTMENT shall pay to the SPONSOR a sum equal to eighty percent (80%) of the
total compensation as set forth in ARTICLE VIII, herein, and consistent with all approved
invoices, less the total of all previous partial payments, paid or in the process of payment.
The SPONSOR agrees that acceptance of this final payment shall be in full
and final settlement of all claims arising against the DEPARTMENT for work done,
materials furnished, costs incurred, or otherwise arising out of this Agreement and shall
release the DEPARTMENT from any and all further claims of whatever nature, whether
known or unknown, for and on account of said Agreement, and for any and all work done,
and labor and materials furnished in connection with the same.
The SPONSOR shall allow the examination and verification of costs by the
DEPARTMENT's representatives, in accordance with the provisions of Article XIII, herein.
If the DEPARTMENT's examination of the contract cost records, as provided for in Article
XIII, results in unallowable expenses, the SPONSOR shall immediately be responsible for
reimbursing the DEPARTMENT the full'amount of such disallowed expenses.
ARTICLE X
CONTINGENT INTEREST
The DEPARTMENT shall retain a contingent interest in the PROJECT for as
long as there continues a Federal interest in the PROJECT as determined by the
DEPARTMENT's calculation of the economic life of the PROJECT. Based on the scope
of work, as set forth in Exhibit A, WORK PLAN, the DEPARTMENT has determined the
economic life of the PROJECT to be five (5) years from the date of PROJECT Final
Acceptance.
Upon any sale or disposition of the PROJECT or the filing of an application
for abandonment of the PROJECT under United States Code (U.S.C.) Title 49 Chapter 109
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of all or any part of the PROJECT, the SPONSOR shall repay immediately in full to the
DEPARTMENT an amount equal to the Federal Share of the funds involved in the
improvement or rehabilitation of such part, segment or entirety of the PROJECT under this
Agreement, said Federal Share to be determined in accordance with the DEPARTMENT's
determination of the fair market value of the PROJECT at the time of disposition.
The term "any sale or disposition" as used in this Article shall mean any sale,
abandonment, or disposition (1 r for use not consistent with the purposes for which the
Federal Share was originally granted pursuant to the Agreement, or (2) for a use
consistent with such purposes wherein the transferee in the sale or disposition does not
enter into an assignment and assumption agreement with the owner with respect to the
owner's obligation thereunder as if the transferee had been the original owner thereof.
Upon completion of the PROJECT, the SPONSOR shall record in the
appropriate land records, if applicable, in a form mutually agreeable to the parties hereto,
a notice reciting that the property was improved with Federal assistance under this
Agreement and that its use and disposition are subject to the terms of this Agreement.
Verification of compliance with this paragraph shall be provided to the DEPARTMENT.
ARTICLE XI
RIGHT OF FIRST REFUSAL
A determination by the SPONSOR to sell or dispose of the PROJECT shall
entitle the DEPARTMENT to the right of first refusal to purchase or lease the PROJECT
at net jiquidation value. Such right of first refusal shall be retained for as long as the
DEPARTMENT holds a contingent interest in the PROJECT pursuant to Article X of this
Agreement.
Should the DEPARTMENT elect to purchase or lease the PROJECT at any
time after completion of the PROJECT no compensation shall be provided for the value
added as a result of the PROJECT.
ARTICLE XII
SUBSTANTIAL CHANGES
No material changes in the scope, character, complexity or duration of the
PROJECT from those required under the Agr.eement shall be allowed without the
execution of a Supplemental Agreement between the DEPARTMENT and SPONSOR.
Minor changes in the work which do not involve increased compensation,
extensions of time or changes in the goals and objectives of the PROJECT, may be made
by written notification of such change by either party with written approval by the other
party.
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ARTICLE XIII
MAINTENANCE OF CONTRACT COST RECORDS
The SPONSOR shall maintain all books, documents, papers, accounting
records and other evidence pertaining to costs incurred on the PROJECT and used in
support of its proposal and shall make such material available at all reasonable times
during the period of the Agreement and for three years from the date of final payment
under this Agreement, for inspection by the DEPARTMENT, and any reviewing agencies,
and copies thereof shall be furnished upon request. The SPONSOR agrees that the
provisions of this Article shall be included in any contracts it may make with any
subcontractor, assignee or transferee.
An audit of the Agreement shall be provided by the SPONSOR. The audit
may be conducted by an independent accountant or accounting firm in accordance with
audit requirements, 49 CFR 18.26 and OMS Circular 128 or any revision or supplement
thereto. Program costs shall be documented within the OMS Circular 128 audit. Final
audit of the PROJECT shall be submitted in a timely manner, reported in each of the
SPONSOR's fiscal year audit or audits for the period of the Agreement.
ARTICLE XIV
SUBLETTING, ASSIGNMENT OR TRANSFER
It is understood by the parties to this Agreement that the work of the
SPONSOR is considered personal by the DEPARTMENT. The SPONSOR agrees not to
assign, sublet or transfer any or all of its interest in this Agreement without prior written
approval of the DEPARTMENT.
The DEPARTMENT reserves the right to review all subcontracts prepared.
in connection with the Agreement, and the SPONSOR agrees that it shall submit to the
DEPARTMENT any proposed subcontract documents together with subcontractor cost
estimates for review and written concurrence of the DEPARTMENT in advance of their
execution.
All subcontracts in the amount of $10,000.00 or more shall include the
provisions set forth in this Agreement.
ARTICLE XV
TERMINATION
The DEPARTMENT reserves the right to terminate this Agreement at any
time for any reason, with or without cause upon thirty (30) days written notice to the
SPONSOR, notwithstanding any just claims by the SPONSOR for payment for services
rendered prior to the date of termination.
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It is understood by the parties hereto that should the DEPARTMENT
terminate this Agreement prior to the completion of an element of work the SPONSOR
shall be reimbursed for such work element based upon the percentage of work completed.
Failure to meet the time set out for completion of an approved work
authorization, may be considered just cause for termination of the Agreement.
ARTICLE XVI
OWNERSHIP OF DOCUMENTS
The SPONSOR agrees that all reports, drawings, studies, specifications,
survey notes, estimates, maps, computations, computer diskettes and printouts and other
data prepared by or for it under the terms of this Agreement shall be delivered to, become
and remain the property of the DEPARTMENT upon termination or completion of the work.
The DEPARTMENT shall have the right to use the same without restriction or limitation
and without additional compensation to the SPONSOR other than that provided for in this
Agreement.
ARTICLE XVII
PUBLICATION AND PUBLICITY
Articles, papers, bulletins, interim or final reports, oral transmittals or any
other materials reporting the plans, progress, analyses, or results and findings of work
conducted under this Agreement shall not be presented publicly or published without prior
written approval by the DEPARTMENT.
IT IS FURTHER AGREED that all releases of information, findings, and
recommendations shall include a disclaimer provision and that all published reports shall
include that disclaimer on the cover and title page in the following form:
"The contents in this publication reflect the views of the author(s), who is
responsible- for the facts and accuracy of the data presented herein. The
opinions, findings, and conclusions in this publication are those of the
author(s) and do not reflect the opinion, finding, or policy of the Georgia
Department of Transportation or the Federal Highway Administration."
IT IS FURTHER AGREED that if any information concerning the PROJECT,
its conduct, results or data gathered or processed should be released by the SPONSOR
without prior approval from the DEPARTMENT, the release of same shall constitute
grounds for termination of this Agreement without indemnity to the SPONSOR; but should
any such information be released by the DEPARTMENT, or by the SPONSOR with such
prior written approval, the same shall be regarded as public information and no longer
subject to the restrictions of this Agreement.
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Provided, however, should such information be required to be released by
the DEPARTMENT under the Georgia Open Records Act, Section 50-18-70, et.seq.,
O.C.G~A., the restrictions and penalties set forth herein shall not apply. Any request for
information directed to the SPONSOR, pursuant to the Georgia Open Records Act, by the
public shall be redirected to the DEPARTMENT for further action.
ARTICLE XVIII
COPYRIGHTING
The SPONSOR shall be prohibited from copyrighting the final reports or
copyrighting any papers, interim reports, forms or other material which are a part of the
work under this Agreement, without written approval from the DEPARTMENT. The
DEPARTMENT reserves the right to a royalty-free, non-exclusive and'irrevocable license
to reproduce, publish, use and authorize others to use, the work prepared under this
Agreement.
ARTICLE XIX
CONTRACT DISPUTES
This Agreement shall be deemed to have been executed in Fulton County,
Georgia, and all questions of interpretation and construction shall be governed by the laws
of the State of Georgia.
ARTICLE XX
COMPLIANCE WITH APPLICABLE LAW
A. The undersigned certify that the provisions of Sections 45-10-20
through 45-10-28 of the Official Code of Georgia Annotated relating to Conflict of Interest
and State Employees and Officials Trading with the State have been complied with in full.
B. IT IS FURTHER AGREED that the SPONSOR shall comply and shall
require its subcontractors to comply with the regulations for COMPLIANCE WITH TITLE
VI OF THE CIVIL RIGHTS ACT OF 1964, as amended, and 23 CFR 710.405(b) as stated
in Exhibit E of this Agreement.
C. IT IS FURTHER CERTIFIED that the provisions of Section 50-24-1
through 5-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-Free
Workplace Act" have been complied with in full, as stated in Exhibit F of this Agreement.
D. The SPONSOR acknowledges and agrees that failure to complete
appropriate certifications or the submission of a false certification shall result in the
termination of this Agreement pursuant to the provisions of Article XV.
E. IT IS FURTHER AGREED that the SPONSOR shall subcontract a
minimum of five percent (5%) of the total amount of PROJECT funds to Disadvantaged
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Business Enterprise (DBE) as defined and provided for under the Federal Rules and
Regulations 49 CFR et.seq. The SPONSOR shall ensure that DSE firms are certified with
the DEPARTMENT's Equal Employment Opportunity Office. The SPONSOR shall submit
to the DEPARTMENT, for its review and concurrence, a copy of the proposed subcontract .
including the name of the DBE subcontractor.
F. IT IS FURTHER AGREED that the SPONSOR shall comply 'and shall
require its subcontractors to comply with all applicable requirements of the Americans with
Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et.seq. and 49 U.S.C. 322; Section 504
, of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791; and regulations and
amendments thereto.
G. IT IS FURTHER AGREED that the SPONSOR shall, and shall require its
contractors and subcontractors to,comply with all applicable requirements of the Davis-
Bacon Act of 1931, 40 U.S.C. 276(a); as prescribed by 23 U.S.C. 113, for Federal-aid
highway projects, except those transportation enhancement activities whose exemption
meets the requirements stipulated in the FHW A Memorandum of July 28, 1994.
H. Expressly incorporated into and made a part of this Agreement are:
APPENDICES 1 through 5.
The covenants herein contained shall, except as otherwise provided, accrue to the
benefit of and be binding upon the successors and assigns of the parties hereto.
13
IN WITNESS WHEREOF, said parties have hereunto set their hand and
affixed their seals the day and year above first written.
RECOMMENDED:
Augusta- Rich mondCou nty
/
tiL (~jfr-
Chief Engineer
-~ "--.z-
. . ~ :: t :..(t-.(.. .
. ed, sealed a~l}d Be-ti'Vij'red
this kday ofllf ~ ,1997,
in the presence of: ,,^,-
.i'~": ~_.::>--:-
~ <t-."'~__. ~ - .
~ .......; "'~n -'
~ , ~,.,r>~,~ J~~, ~ i.
NOTARY PU C %'~..:..~-;-..t~(J '\ / ./
ft.......... '/. ~. , -'
"III,ii /... j.. ........... .- ':.~
~ Public. RIchmond C6lJnty~Ge~-. . . .,' .
My Commission Expires/Dec, 5' '20~rr...'- .
"I'I.!".,..;:..... - ^ ""
DEPARTMENT OF TRANSPORTATION
This Agreement approved by the Augusta-
Richmond County ~ission-council at
a meeti ng held at e. the 1/
day of ~'1 ,1997.
fA BY:
\1'/ Commis'
ATTEST:
~f)I~
I YCLE
, ..., ~~ ~ fiCJA{V
~" Treasurer. . .:,. /.
REVIEWED~-
______. (DATE)
_.-
FEIN 5%-:< :<~I//< 71
~AwW~
By' 0
Date ~! .. nAF- .
';-f-' ",:"'1-
~'---..I
., .
RESOLUTION AUTHORIZING THE CONTRACTING
WITH THE GEORGIA DEPARTMENT OF
TRANSPORTATION FOR FUNDING uNDER THE
INTERMODAL SURFACE TRANSPORTATION
EFFICIENCY ACT OF 1991.
WHEREAS,
the Secretary of the U.
S.
Department of
Transportation and the Commissioner of the Georgia Department of
Transportation are authorized to contract for Transportation Enhancement
Projects; and
WHEREAS, the contract for financial assistance will impose
certain obligations upon Augusta, Georgia, including the provision of
its local share of the project costs in the project; and
WHEREAS, it is required by the U. S. Department of
Transportation in accord with the provisions of Title VI of tne civil
rights Act of 1964, that in connection with the filing of an application
for assistance under the Intermodal Surface Transportation Efficiency
.l\ct the applicant gives :anassurance that it will comply with Title VI
'of the Civil "Rights .l\ct of -1964 and other pertinent directives and the
u. S. Department '.of Transportation requirements thereunder; and
WHEREAS,
it
is
the goal
of Augusta,
Georgia
that
Disadvantaged Business Enterprises be utilized to the fullest extent
possible in connection with the project and that the definite procedures
shall be established and administered to ensure that minority businesses
shall have the maximum feasible opportunity to compete for contracts and
-purchase orders when procuring construction contracts,
1 .
supp....~es,
equipment contracts, or consultant and' other services.
NOW, THEREFORE, BE IT RESOLVED BY THE AUGUSTA-RICHMOND COUNTY
COMMISSION:
1. That the Mayor is authorized to execute contract on
behalf of Augusta, Georgia with the Georgia Department of Transportation
to aid in the financing of planning, construction, and implementation
..~"
./
I of Transportation Enhancement Activity projects pursuant to Section
133 (b) (8) of Title 23 U.S.C.
2. That the Mayor is authorized to execute and file an
assurance of any other document required byfhe U. S. Department of
Transportation and the Georgia Department of Transportation effectuating
the purpose of Title VI of the Civil Rights .l\ct of 1964.
3. That the Mayor is authorized to furnish such additional
information as the U. S. Department of Transportation and the Georgia
Department of Transportation may require in connection with the
application for the Transportation Enhancement Activity project and
budget.
4. That the Mayor is authorized to set forth and execute
affirmative disadvantaged business policies in connection with the
Transportation Enhancement Activity.
5. That the Mayor is authorized to execute contracts on
behalf of .Augusta, Georgia with the Georgia Department of Transportation
for aid in financing the planning, construction and
implementation
'assistance requested in the application as submitted and in the contract
work plan and budget.
Duly adopted by the Augusta-Richmond County Commission this
t rJ day of ~, 1997, by a vote of ayes, nays and
abstaining.
;;;j;;~~
This doculn.nl applOved IS
~Pfi7
AUGUS~.A-RICHMOND COU~!Y COMMISSION
LARRY E. SCONYERS
Mayor
ROOM 801 MUNICIPAL BLDG. (II)
AUGUSTA, GEORGIA 30911
Bus. (706) 821-2488
Fax No. (706) 722-5984
LEE BEARD
ULMER BRIOOES
JERRY BRIGHAM
HENRY H. BRIGHAM
WILLIAM B. KUHLKE. JR.
WM. "WU..LlEn H. MAYS. ill
J. B. POWEll
MOSES TODD
ROB ZETIERBERG
FREDDIE L. HANDY
Mayor Pro Tern
July 17, 1997
CHARLES R. OLNER, P E. CPA
Administrator
Augusta-Richmond County Commission
8th Floor, Municipal Bldg.
530 Greene Street
Augusta, GA 30901
JAMES B. WALL
Anomey
Reply to:
P.O. BOX 2125
Augusra. GA. 30903
Dear Sirs:
This communication will serve as the requisite opinion of
counsel to be filed with the Georgia Department of Transportation, in
connection with the contract for financial assistance pursuant to the
provisions of Section 133 (b) (8) of the Intermodal Surface Transportation
Efficiency Act for planning, construction and implementation of
Transportation Enhancement Activity projects. I understand that Augusta,
Gerogia has been approved for funding under Section 133 (b) (8) of the
Intermodal Surface Transportation Efficiency Act and that the Federal
Highway Administration has concurred in the approval . The legal
authority for Augusta-Richmond County's ability to carry out the
planning, construction and implementation of Transportation Enhancement
Activity projects directly, by lease, contract or otherwise is set forth
below:
1. Augusta-Richmond County is authorized under its Charter
C19'95 Ga. Laws, ,p. --3648, 'et seq., as ..amended by.Act No. 571, 1997 Ga. Laws,
p. 3'607 iOrdinance No. 5875, 1997 Ga. Laws, p. 4690 i and Act No. 220, 1997
Ga. Laws, p. 4024,] and Georgia law to plan, construct, implement and
maintain Transportation Enhancement Activity projects. This assistance
may be provided directly by Augusta-Richmond County or by lease
arrangements with other parties.
2. The authority of Augusta to provide for its share of
project funds for the Transportation Enhancement Activity project is set
forth in its Charter and Georgia law.
3. I have reviewed the pertinent Federal, State and local
laws and I am of the opinion that there is no legal impediment to your
contracting for Transportation Enhancement Activity funds. Furthermore,
as a result of my examination, I find that there is no pending or
threatened litigation or other action which might in any way adversely
affect the proposed project in the program, or the ability of Augusta to
carry out such project.
JBw/sjp
CERTIFICATION OF SPONSOR
I hereby certify that I am the Mayor-Chairman and duly authorized representative of
Augusta-Richmond County whose address is Municipal Building, 530 Greene Street
Augusta, GA 30911. I hereby certify to the best of my knowledge and belief that:
1. 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 employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or any 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.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to infl~ence an officer or
employee of any Federal 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.
This certification is a 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 $10,000.00 and not more than $100,000.00 for each such failure.
The.SPONSOR also agrees that the language of this certification shall be included in all
subcontracts and lower tier subcontracts which exceed $10,000.00 and that all such
recipients and sub-recipients shall certify and disclose accordingly.
I also certify that neither I nor the above entity I here represent has:
(a) employed or retained for a commission, percentage, brokerage contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above entity) to solicit or secure this
Agreement.
(b) agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with
carrying out the Agreement, or
(c) paid or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above entity) any fee,
contribution, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the Agreement;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Department of Transportation
and the Federal Highway Administration, U.S. Department of Transportation, in connection
with this Agreement involving participation of Federal Highway Funds, and is subject to
applicable State and Federal laws, both criminal and civil.
/fllhj &/ /'If Y
Date
~
This docu approved as to
legal sufficiency and form.
.~ {/.frl
CERTIFICATION OF DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
I hereby certify that I am the Commissioner of the Department of Transportation of the
State of Georgia, and that the above consulting firm, or its representative has not been
required, directly or indirectly as an express or implied condition in connection with
obtaining.or carrying out this Agreement to:
(a) employ or retain, or agree to employ or retain, any firm or person, or
(b) pay, or agree to pay, to any firm, person, or organization, any fee,
contribution, donation, or consideration of any kind; except as here expressly
stated, (if any):
I acknowledge that this certificate is.to be furnished to the Federal Highway Administration,
U.S. Department of Transportation, in connection with this Agreement involving
participation of Federal Highway Funds, and is subject to applicable State and Federal
Laws, both criminal and civil..
~-!~-7?
ate
TABLE OF CONTENTS
EXHIBITS
A. WORK PLAN
B. WORK SCHEDULE
C. BUDGET ESTIMATE
D. TERMS AND CONDITIONS
E. COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
F. DRUG FREE WORKPLACE
G. PRIMARY CONTRACTOR
APPENDICES
1. LOWER TIER CONTRACTOR
2. CERTIFICATION REGARDING EQUAL EMPLOYMENT
3. EXAMINATION OF PLANS AND SPECIFICATIONS
4. COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
5. DRUG FREE WORKPLACE
EXHIBIT A
WORK PLAN
The Scope and Procedure of the Project is stated as follows:
SECTION A - PROJECT DESCRIPTION
The PROJECT consists of providing services connected with the construction of a
175' Pedestrian Walkway Ramp (Sixth Street Ramp) and a 325' Handicapped Access
Ramp (Oglethorpe Ramp); Project No. ~TP-000E(25), P.1. No. 270880.
The pedestrian walkway ramp (Sixth Street Ramp) will be constructed parallel to
and on the eastern side of the Norfolk Southern Railroad and extend northward from near
the parking lot to the Riverwalk Extension. This ramp will provide an entrance to the
Riverwalk Extension. The handicapped access ramp (Oglethorpe Ramp) will be
constructed on the north side of the Savannah River Levee from the Riverwalk to the
walkway adjacent to the edge of the Savannah River and to the marina near the Norfolk
Southern Railroad Bridge. Both projects will include installation of electrical fittings,
landscaping, and irrigation fixtures in the vicinity of the ramps,
The SPONSOR shall be responsible for the following activities:
1. Comply with conditions listed in the Georgia Department of Natural
Resources Historic Preservation Division finding of no adverse effect, letter
dated June 15. 1994.
2. Advertise the project for public bid according to the requirements of 49
C.F.R. Part 18. Upon opening bids, the SPONSOR shall award the
PROJECT to the lowest responsive bidder.
3. All bidders submitting bids in excess of $500,000.00 must be pre-qualified
with the DEPARTMENT. If construction work involves structures, such as
bridges or retaining walls, all bidders must be pre-qualified with the
DEPARTMENT regardless of contract amount.
4. Provide copies of the SPONSOR'S construction subcontract to the
DEPARTMENT'S Project Manager and to the local Area Engineer for use in
monitoring PROJECT construction and reviewing payment invoices.
5. Provide copies of the completed construction plans to the DEPARTMENT'S
Project Manager and to the local Area Engineer.
6. Submit to the DEPARTMENT'S Project Manager a copy of all proposed DBE
subcontracts, including the name of the subcontractor.
A-I
7. Ensure that DBE firms are certified with the DEPARTMENT'S Equal
Employment Opportunity Office.
8. Check the third party contractor's payrolls for, including but not limited to,
compliance with appropriate wage rates and five percent (5%) Disadvantage
Business Enterpris~ (DBE) participant goal and submit quarterly reports on
DBE participation to the DEPARTMENT.
9. Retain a Resident On-site Construction Inspector.
10. Provide for total on-site PROJECT management; working with the third party
contractor to establish sequences for work.
11. Submit monthly progress reports and invoices until final acceptance of the
PROJECT by the DEPARTMENT.
12. Maintain adequate project files including but not limited to material
certificates, insurance documents, complete construction plans and
specifications, and third party contractor payrolls.
13. For all materials not tested by the DEPARTMENT, the SPONSOR will certify
that material suppliers and materials conform to the requirements of the
Agreement, plans and specifications. These materials are expected to
comply with generally accepted industry standards for the individual items.
14. Have a Resident Inspector obtain AS BUILT CONSTRUCTION PLANS.
15. Furnish the DEPARTMENT with a copy of the AS BUILT CONSTRUCTION
PLANS.
16. Comply with all applicable state and federal laws, rules and regulations and
,guidelines.
The DEPARTMENT shall be responsible for the following activities:
1. Provide a project engineer to conduct spot inspections, verify progress, and
approve invoices for payment.
2. Conduct materials testing of all materials typically used in highway construction that
become a permanent part of the travelway and its safety appurtenances.
A-2
The SPONSOR and DEPARTMENT shall follow the following reimbursement.
procedures:
For payment purposes, the SPONSOR shall forward monthly invoices, with copies
of the contractor's invoices, descriptions of work performed during the payment period,
and any other documentation requested or required by the DEPARTMENT, to the
DEPARTMENT's Area Engineer. The DEPARTMENT shall process the SPONSOR's
reimbursement request ac~ording to standard procedures established by the
DEPARTMENT. It is understood that the DEPARTMENT shall process or make findings
on all reimbursement requests in a timely and efficient manner.
The SPONSOR agrees to abide by and require any contractors, or lower tier
contractors to abide by the terms and conditions governing the Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments,
49 CFR Part 18.
The SPONSOR shall comply with the following provisions applicable to construction
of the PROJECT:
a. Content of Construction Contracts. The SPONSOR hereby agrees to
contract for the construction of the PROJECT in accordance with the legal
requirements imposed on the DEPARTMENT, specifically but not limited to
the provisions governing the DEPARTMENT's authority to enter into
contracts, Sections 32-2-60 through 32-2-77 of the Official Code of Georgia
Annotated, as amended and the Department of Transportation's Rules and
Regulations governing the Prequalification of Prospective Bidders, Chapter
672-5.
The SPONSOR certifies and shall require any contractor or subcontractor
to certify in accordance with Appendix 3, attached hereto and incorporated
herein, that it. has examined the plans for the PROJECT and the
Department's "Standard Specifications", 1993 Edition, "1996 Supplemental
Specification Book", and any Supplemental Specifications and Special
Provisions applicable for the PROJECT and shall construct or cause the
construction of the PROJECT in accordance with the requirements of the
DEPARTMENT. -
The SPONSOR further certifies and shall require any contractor or'
subcontractor to certify compliance with the responsibilities detailed under
Subsection e. Work Stoppage, below.
b. Right to Inspect. The DEPARTMENT, its authorized representatives, agents
or employees shall have the right to inspect any arid all construction and
A-3
work within the right of way of the PROJECT in order to verify that the
SPONSOR, its authorized representatives, agents, employees, contractor,
or subcontractor are complying with all undertakings, duties and obligations
under this Agreement. Such inspections shall not unreasonably or
unnecessarily interfere with any construction. The SPONSOR shall keep the
DEPARTMENT notified of all construction and construction schedules.
The right to inspect shall include but not be limited to the right to spot inspect
and verify the progress of the work, confirm quantities and quality of the work
and provide for the testing of concrete and asphalt if needed.
At approximately fifty percent (50%) completion of the PROJECT, the
SPONSOR shall contact the Historic Preservation Division of the Georgia
Department of Natural. Resources and arrange a site visit. Upon completion
of the PROJECT, the SPONSOR shall contact the Historic Preservation
Division in order to arrange for a final site visit. The purpose of the
inspections by..the Historic Preservation Division is to ensure that the
materials used will meet the U.S. Secretary of Interior's Standards for
Rehabilitation.
c. No Assumption of Liability. The DEPARTMENT by reserving the right to
review and inspect the SPONSOR's contract documents and schedules and
to inspect and review the construction and work shall have no obligation to
inspect and review. Further, the DEPARTMENT, does not assume, but
expressly disclaims, any liability or responsibility for the SPONSOR's or any
other entities work on the PROJECT.
d. Standards of Construction. All construction activities on the PROJECT shall
be pe rfo rmed :
1. in a good, workmanlike and non-negligent manner;
2. in a manner that avoids endangering the safety of any person,
employee, tenant, servant, guest, invitee, contractor, subcontractor
or agent;
3. in accordance with all applicable laws, the provision of applicable
contract documents and the applicable provisions of this Agreement;
and
4. free of all mechanics' and materialmen's liens upon or against the
entire PROJECT property.
5. for both buildings, the existing historic windows should be repaired
rather than replaced if they are not too deteriorated.
A-4
e. Work Stoppage. In the event of the discovery of significant archaeological
remains, construction shall be stopped and the SPONSOR shall notify the
Georgia Department of Natural Resources of the discovery. In this context,
to be "significant", such remains would have to be able to provide important
and non-redundant information that could not be obtained from other
sources. The SPONSOR shall notify the Georgia Department of Natural
Resources of th_e discovery of intact cultural features such as, but not limited
to, foundations and wells. The construction shall remain stopped until the
Georgia Department of Natural Resources has completed their evaluation
of the remains.
SECTION B - QUALIFICATIONS OF PERSONNEL
AND ENDORSEMENT OF DOCUMENTS
The SPONSOR shall employ only persons qualified and duly registered in the
appropriate category in responsible charge of supervision and design of the work and
further shall employ only qualified and duly registered surveyors in responsible charge of
any survey work. .
The SPONSOR shall endorse or cause the proper endorsement of all final draft
reports, PROJECT plans, and estimates of probable construction costs. Such
endorsements shall be made by a person duly registered in the appropriate category by
the Georgia State Board of Registration for Professional Engineers and Land Surveyors,
being in the full employ of the SPONSOR and responsible for work prescribed by this
Agreement.
SECTION C. RELATIONSHIP WITHOTHERS
The SPONSOR shall cooperate fully with the DEPARTMENT, consultants on
adjacent projects, municipal and other interested local government officials, utility
companies, railroads and others, as may be directed by the DEPARTMENT. Such
cooperation shall include attendance at meetings, discussions and hearings, as may be
requested by the DEPARTMENT, furnishing plans and other data produced in the course
of work on the PROJECT, as may be requested from time to time by the DEPARTMENT
to effect such cooperation and compliance with all directives issued by the DEPARTMENT.
SECTION D'. RIGHT TO ENTER
The SPONSOR shall notify all property owners or occupants of the need to enter
properties for the purpose of accomplishing surveys or other field investigations.
A-5
SECTION E - ACCURACY OF WORK
The SPONSOR shall be responsible for the accuracy of the PROJECT and shall
promptly correct its errors and omissions without additional compensation.
Acceptance of the work by the DEPARTMENT shall not relieve the SPONSOR of
the responsibility of subsequent correction of errors, the clarification of any ambiguities,
or the costs associated with any additional work caused by negligent errors in, or negligent
omissions from, the plans prepared by or for the SPONSOR.
At any time during the construction of the improvements provided for by the plans
or during any phase of work performed by others based on data secured by the SPONSOR
under this Agreement, the SPONSOR shall confer with the DEPARTMENT for the purpose
of interpreting the information obtained and to correct any errors or omissions. The above
consultations, clarifications or corrections shall be made without added compensation to
the SPONSOR. The SPONSOR shall give immediate attention to these changes so there
will be a minimum of delay to others.
SECTION F - UTILITIES
It is understood that the DEPARTMENT will not participate in the cost of any utility
facility removal and relocations necessary in connection with construction of the
PROJECT, unless otherwise specified in the Agreement. The SPONSOR shall be
responsible for handling the arrangements with utility owners for any removal and
relocations necessary. The SPONSOR shall give the utility owners ample notice of the
impending construction to allow time for engineering and material orders required for any
removal and relocations necessary. Also the SPONSOR agrees to clear rights-of-way
obstructions without expense to the DEPARTMENT. For purposes of applying provisions
of this paragraph, railroads and the Metropolitan Atlanta Rapid Transit Authority (MARTA)
are considered utilities.
SECTION G - DELIVERY OF NOTICES
All written notices, demands and other papers or documents to be delivered to the
DEPARTMENT under this Agreement shall be delivered to the DEPARTMENT's General
Office, NO.2 Capitol Square, Atlanta, Georgia 30334-1002, attention the Project Manager,
or at such other place or places as may be subsequently designated by written notice to
the SPONSOR. All written notices, demands and other papers or documents to be
delivered to the SPONSOR under this Agreement shall be directed to or at such place or
places subsequently designated in writing by the SPONSOR to the DEPARTMENT.
A-6
SECTION H . SUPERVISION AND CONTROL
The SPONSOR shall perform the services required to accomplish the WORK PLAN
as stated in this Agreement under such control and supervision by the DEPARTMENT as
the DEPARTMENT may deem appropriate.
SECTION 1- LANDSCAPE INSTALLATION AND MAINTENANCE
The PROJECT includes the design or installation of landscaping; therefore, the
SPONSOR shall furnish, install and maintain, for the useful life of the PROJECT as
determined by the DEPARTMENT, grassing and plantings in a manner consistent with the
DEPARTMENT's "Standard Specifications", 1993 Edition, "1996 Supplemental
Specification Book", and any Supplemental Specifications and Special Provisions as
applicable for the PROJECT. If the design or installation of landscaping will involve rights
of way under local jurisdictional control, the SPONSOR is encouraged to reference the
DEPARTMENT's Manual of Guidance (MOG), in particular MOG #49.1 entitled
"Landscaping on D.O.T. R/W", for such items as site plan format, content, and general
information. If the PROJECT includes the design or installation of landscaping on rights
of way under the control of the DEPARTMENT, the SPONSOR shall observe the
requirements documented by MOG #49.1, in particular, and other requirements as
specified by the DEPARTMENT.
SECTION J. PROJECT MAINTENANCE AND OPERATION
Upon completion of the PROJECT, the SPONSOR shall assume full responsibility
for the continued operation and maintenance of the PROJECT at no additional cost to the
DEPARTMENT. The DEPARTMENT and Federal Highway Administration reserve the
right to conduct periodic site inspections for the purpose of confirming proper operation
and maintenance of the PROJECT for the useful life of the PROJECT, as determined by
the DEPARTMENT.
A-7
"
-'
EXHIBIT B
WORK SCHEDULE
WORK SCHEDULE
Project No. STP-000E(25), PI No. 270880
Augusta-Richmond County, Georgia
Task Month Month Month Month Month Month . Month Month
1 2 3 4 5 6 7 8
Advertise for X
bids
Receive bids X
Award X
contract
Issue Notice X
to Proceed
Construction X X X X X X'
B-1
EXHIBIT C
BUDGET ESTIMATE
. )~
I.
E.
BUDGET ESTIMATE
Project No. STP-000E(25), PI No. 270880
Augusta-Richmond County, Georgia
OGLETHORPE RAMP
A.
Sitework
1. Clearing and Grubbing with Off-site Disposal, L.S.
2. Selective Clearing and Pruning with Off-site
Disposal, L.S.
3. Grading, L.S.
4. Construction Staking, L.S.
5. Oglethorpe Ramp with All Appurtenances including
Landings, Walls & Handrails, except Electrical,
Irrigation, and Landscaping, L.S.
Sitework Subtotal
B. Electrical System
1. Electrical system, complete with all materials, labor
Permits, and licenses for performance of appurtenant
Work, L.S.
Electrical Subtotal
C. Irrigation System
1. Irrigation system, complete, downstream side of
Meters, L.S.
Irrigation Subtotal
D. Landscaping
1. Landscaping, complete, L.S.
Landscaping Subtotal
Mobilization
1. Bond Premium, Field Office, L.S.
2. Soil erosion and sedimentation control measures,
Including continual maintenance, L.S.
Mobilization Subtotal
OGLETHORPE RAMP TOTAL
C-l
AMOUNT
$ 2,500.00
$ 1,000.00
$ 10,500.00
$ 2,000.00
$ 138.000.00
$ 154,000.00
$ 9,600.00
$ 3,850.00
$ 7,200.00
$ 4,500.00
$ 1.500.00
$ 6,000.00
$ 180,650.00
'i
C-2
E.
Mobilization
1. Bond premium, Field Office, L.S.
2. Soil erosion and sedimentation control measures,
Including continual maintenance, L.S.
Mobilization Subtotal
SIXTH STREET RAMP TOTAL
$ 4,500.00
$ 1.500.00
$ 6,000.00
$ 130,500.00
TOTAL PROJECT COST ESTIMATE $ 311,150.00
Estimated engineering and construction
Phase engineering services $ 8,850.00
GRAND TOTAL COST ESTIMATE $ 320,000.00
C-3
"
EXHIBIT D
TERMS AND CONDITIONS
FHWA.1273 EIec1ronic version.. March 10, 1994
REQUIRED CONTRACT PROVISIONS
FEDERAL.AID CONSTRUCTION CONTRACTS
Page
1 GENERAL ............................................................................................. 0-1
II. NONDiSCRIMINATION.................................................................................. 0-2
III. NONSEGREGATED FACiLITIES............. . . . . ... . .... ... ........................................... . .. 0-4
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE. . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0-4
V. STATEMENTS AND PAYROLLS .......................................................................... 0-7
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR ......................................................... 0-8
VII. SUBLETTING OR ASSIGNING THE CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.8
VIII. SAFETY: ACCIDENT PREVENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0-9
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS. ..... .... . ........ .... ....... ........... .... . .. . . 0.9
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. . . . . . . . . . . . . . . . . . . . . .. 0-9
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSiON......... 0-10
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING .................................. 0-12
ATTACHMENTS
A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only). . . . . . . . . . . . . . . . . . . . . . . . . . 0-13
I. GENERAL
1. These contract provisions shall 'apply to all work performed on the contract by the contractor's own organization and with the
assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station
work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in
these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be
made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible
for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the
contract.
4. A breach of the following clauSes of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract
Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their
representatives.
6. Selection of Labor: During the performance of this contract, the contractor shall not:
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a. dis~iminate against labor from any other State, possession, or territory of the United States (except for employment preference
for Appalachian contracts, when applicable, as specified in Attachment A), or
b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole,
supervised release, or probation.
II. NONDISCRIMINATION
(Applicable to all Federal-aid oonstruction oontracts and to all related subcontracts of $10,000 or more.)
1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative
action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60)
and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall
constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity
Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C.
12101 !ll~.)
set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor
. agrees to oomply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and
in their review of his/her activities under the oontract.
b. The oontractor will accept as his operating policy the following statement:
"'t is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without
regard to their race, religion, sex, oolor, national origin, age or disability. Such action shall include: 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, preapprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the
responsibility for and must be capable of effectively administering and promoting an active oontractor program of EEO and who must be
assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge
employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will
implement, the contractor's EEO policy.and contractual responsibilities to provide EEO in each grade and classification of employment.
To ensure that the above agreement will be met, the following actions will be laken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often
than once fNery six months, at which time the oontractor's EEO policy and its implementation will be reviewed and explained. The meetings
will be oonducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, oovering all major
aspects of the oontractor's EEO obligations within thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minority group employees.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants
for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means
of meetings, employee handbooks, or other appropriate means.
4. Recruitment: When adve~ing for employees, the oontractor will include in all advertisements for employees the notation: "An Equal
Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area
from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, oonduct systematic and direct recruitment through public
and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify
sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants
may be referred to the oontractor for employment consideration.
b. In the fNentthe oontractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe
the provisions of that agreement to the extent that the system permits the contractor's oompliance with EEO contract provisions. (The DOL
has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the
oontractor to do the same, such implementation violates Executive Order 11246, as amended.)
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c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and
procedures with regard to referring minority group applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee be~efits shall be established and administered. and personnel actions
of fNery type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color,
religion, sex, national origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not
indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of
discriminatory wage practices.
c. The contractor will periodically rfNiew selected personnel actions in depth to determine whether there is evidence of discrimination.
Where evidence is found, the contractor will promptiy take corrective action. If the review indicates that the discrimination may extend
beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his
obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time.
If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such
other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants
for employment.
b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor
shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract
performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or
training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in
the special provision.
c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements
for each.
d. The contractor will periodically review the training and promotion potential of minority group and women employees and will
encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use hislher best efforts
to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals
by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as
agent will include the procedures set forth below:
a. The contractor will use best efforts to dfNelop, in cooperation with the unions, joint training programs aimed toward qualifying more
minority group members and women for membership in the unions and increasing the skills of minority group employees and women so
that they may qualify for higher paying employment.
b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be
contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such
information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor,
the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time
limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment.
vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable
minority group persons and women. (The DOL has held that it shall be no excuse that the u'nion with which the contractor has a collective
bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents
the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor
shall immediately notify the SHA. .
B. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on
the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of'subcontractors, including
procurement of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and suppliers of hislher EEO obligations under this contract.
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b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform
subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to
utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees.
Contractors shall obtain lists of DBE construction firms from SHA personnel.
c. The contractor will use his best efforts to ensure subcontraCtor compliance with their EEO obligations.
9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable
times and places for inspection by authorized representatives of the SHA and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number of minority and non-minority group members and .women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for
minorities and women;
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees;
and
(4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful
minority and female representation among their employees.
b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority,
women, and non-minority group employees currently engaged in each work classification required by the contract work. This information
is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect
and report training data.
III. NONSEGREGATED FAClUTIES
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.)
a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or
purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate,
certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm
does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The
firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee
will be denied access to ade~uate facilities on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms,
restaurants and other eating areas, timeclocks, 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 of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise.
The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking).
c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors o~ material suppliers
prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications
in its files.
IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on
'roadways classified as local roads or rural minor collectors, which are exempt.)
1. General:
a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once
a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29
CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits
(or cash equivalents th'ereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the
wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers
and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this
Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by 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. For the purpose of this Section,
contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act (40 U.S.C.
276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section
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IV, paragraph 3b, hereof. Also, for the purpose of this Section, 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 mage 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 paragraphs
4 and 5 of this Section IV.
b. 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. ..
c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated
by reference in this contract.
2. Classlticatlon:
a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed
in the wage determination, shall be classified in conformance with the wage determination.
b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have
been met:
(1) the work to be performed by the additional classification requested is not performed by a classification in the wage
determination;
(2) the additional classification is utilized in the area by the construction industry;
(3) the proposed wage rate.. including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained
in the wage determination; and
(4) with respect to helpers, when such a classification prevails in the area in which the work is performed.
c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional
classification or their representatives, and the contracting officer 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 the contracting officer to the DOL, Administrator of the
Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise
the contracting officer or will notify the contracting offiCer within the 30-day period that additional time is necessary.
d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional
classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all
interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Adminis-
trator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify
the contracting officer within the 30-day period that additional time is necessary
e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall
be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification.
3. Payment at Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which
is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly caSe equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider
as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program. -
4. Apprentices and Trainees (Programs at the U.S. DOL) and Helpers:
a. Apprentices:
(1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed
pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, 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 hislher first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually
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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.
(2) The allowable ratio of apprentices to joumeyman-Ievel employees on the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee 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
listed in 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 les.s than the applicable wage rate on the wage determi-
nation for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than
that in which ils program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified
in the contractor's or subcontractor's registered program shall be observed.
(3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall
be paid fringe benefils in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify
fringe benefils, apprentices must be paid the full amount of fringe benefils listed on the wage determination for the applicable classification.
If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicabie apprentice classification,
fringes shall be paid in accordance with. that determination.
(4) 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 or subcontractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved.
b. Trainees:
(1) 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 DOL, Employment and Training Administration.
(2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. 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 classification of work actually performed. In addition, any trainee performing work on the job site in excess
of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the
work actually performed.
(3) Every trainee must be paid at not less than the rate specified in the approved program for hislher level of progress, expressed
as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits
in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefils, trainees shall be paid
the full amount of fringe benefils 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-level wage rate on the wage determination which
provides for less than full fringe benefils for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices.
(4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or
subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Helpers:
Helpers will be permitted to work on a .project if the helper classification is specified and defined on the applicable wage
determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper
wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually performed.
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of
paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established
by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the
particular program.
6. Withholding:
The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be
withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other
Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of
the accrued paymenls or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and
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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, all or part of the wages
required by the contract, the SHA contrac_ting officer may, after written notice to the contractor, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of
laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall
- require or permit any laborer, mechanic, walchman, or guard in any workweek in which he/she is employed on such work, to work in excess
of 40 hours in such workweek unless such labOrer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-
one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek.
8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the
contractor and any subcontractor responsible thereof shall be liable to the affected employee for hislher unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a
territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each
individual/aborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each
calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment
of the overtime wages
required by the clause set forth in paragraph 7.
9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its cmn action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld,
from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards
Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above.
v. STATEMENTS AND PAYROLLS
(Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on
roadways classified as local roads or rural collectors, which are exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of
the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees,
watchmen, helpers, and guards working at the sit~ of the work.
b. The payroll records shall contain the name, social security number, and address of each such employee; 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 the types described in Section 1 (b)(2)(B) of the Davis Bacon 'Act); daily and weekly number of hours worked; deductions made;
and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee
does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant
to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in Section" 1 (b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor
shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated
or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable
programs.
c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer
a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5,
and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately
and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted
in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents
(Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible
for the submission of copies of payrolls by all subcontractors.
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d. Each payroll submitted shall be accompanied by a "Statement of Compliance: signed by the contractor or subcontractor or hislher
agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section
V and that such information is correct and complete;
(2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll
period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3;
(3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for
the classification of worked performed, as specified in the applicable wage determination incorporated into the contract.
e. 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 2d of this Section V.
f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001
and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection,
copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to
interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them
available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions
as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR
1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective
devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts,
and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall:
a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor
Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract.
b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the
quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47.
c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required
in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total
amount earned.
2. At the prime contractor's option, either a single report covering all contract work or separate reporis for the contractor and for each
subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage
if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty
items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original
contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635).
a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and
equipment ovvned or rented by the prime contractor, With or without operators. Such term does not include employees or equipment of a
subcontractor, assignee, or agent of the prime contractor.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations qualified and expected.to bid on the contract as a whole and in general are to
be limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material
and manufactured products which are to be purchased or produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent su'perintendent or supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract requirements. and is in charge of all construction operations (regardless of who
performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the
SHA contracting officer determines is necessary to assure the performance of the contract.
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4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting
officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for
the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing
and that it contains all pertinent provisions and requirements of the prime contract.
VIII. SAFETY: ACCIDENT PREVENTtON
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety,
health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any
other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and
health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered
by the contract.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this
contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings
or under conditions which are unsanitary, hazardous or dangerous to hislher health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have
right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health
standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of
reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it
is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful
falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway
project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly makes any false statement, false representation, or falsereport as to the character, quality,
quantity, or cost of the material used or to be used, 0/ the quantity or quality of the work performed or to be performed, or the cost thereof
in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project
submitted for approval to the Secretary of Transportation: or
Whoever knowingly makes any false statef!1ent, false representation, false report or false claim with respect to the character, quality,
quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction
of any highway or related project approved by the Secretary of Transportation: or
Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted
pursuant to provisions of the Federal-aid Roads Act approved July " 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined not more that $10,000 or imprisoned not more than 5 years or both. "
X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor,
or subcontractor, as appropriate, will be deemed to have stipulated as follows:
1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as
amended (42 U.S.C. 1857 2! ~., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 m~., as amended by Pub.L 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not
listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR
15.20.
2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308
of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of any communication ITom the Director, Office of Federal Activities, EPA.
indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities.
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4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt
subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements.
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INEUGIBILlTY AND VOLUNTARY EXCLUSION
1. Instructions for Certification - Primary Covered Transactions:
(Applicable to all Federal-aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered
transaction. The proSpective participant shall submit an explanation of why it cannot provide the certification set out below. The certification
or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction.
However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from
participation in this transaction.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency
determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction
for cause of default.
d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is
submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person,"
"primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this
proposal is submitted for assistance in obtaining a copy of those regulations.
f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this
transaction.
g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or
agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,
but is not required to, check the non procurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement
Programs" (Non procurement List) which is compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course 0.1 business dealings.
j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction
for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Federal department or agency;
b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)
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transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theil,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph 1 b of this certification; and
d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local)
terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Covered Transactions:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is amateriaJ representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if
at any time the prospective. lower tier participant learns that its certification was erroneous by reason of changed circumstances.
d. The terms .covered transaction," "debarred," .suspended," .ineligible," .primary covered transaction," "participant," .person,"
.principal," .proposal," and .voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You may contact the person to which this proPosal is submitted for assistance in
obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction
originated. .
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled .Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower
tier covered transactions and in all solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,
but is not required to, check the Nonprocurement List.
...
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause: The knowledge and information of participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings. .
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is suspended, debarred. ineligible, or voluntarily excluded from participation in this
transaction, in addition. to other remedies available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspe'nsion and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
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'.
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20)
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. 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 employee of any Federal 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.
b.. 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 Federal 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.
2. This certification is a 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 31 U.S.C. 1352. Any person who
tails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this
certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose
accordingly.
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.
.
ATTACHMENT A. EMPLOYMENT PREFERENCE FOR
APPALACHIAN CONTRACTS
(Applicable to Appalachian contracts only.)
1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work,
shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is
situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a.To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an
efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1c shall not exceed 20 percent
of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below.
2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics
and other employees required to perform the contract work, (b) the number of employees required.in each classification, (c) the date on
which he estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to
complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the
course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly
notify the State Employment Service.
3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The
contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work
required.
4. If. within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment
Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service
will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's
permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area
to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1c above. .
5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or
reasonably may be, done as on-site work.
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EXHIBIT E
NOTICE TO SPONSOR
COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
During the performance of this Agreement, the SPONSOR, for itself, its assignees and successors in interest
(hereinafter referred to as the "SPONSOR"), agrees as follows:
(1) Compliance with Regulations: The SPONSOR will comply with the Regulations of the Department
of Transportation relative to nondiscrimination in Federally assisted programs of the Department of
Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations
(also 49 CFR Part 27]), which are herein incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The SPONSOR, with regard to the work performed by it after award and prior
to completion of the contract work, will not discrim inate on the grounds of race, color, national origin, or sex
in the selection and retention of subcontractors including procurement of materials and leases of equipment.
The SPONSOR will not participate either directly or indirectly in the discrim ination prohibited by Section 21.5
of the Regulations, including employment practices when the contract covers a program, set forth in Appendix
B of the Regulations. In addition, the SPONSOR will not participate either directly or indirectly in the
discrim ination prohibited by 23 CFR 71 0.405(b).
(3) Solicitations for Subcontracts. InclLiding Procurement of Materials and Equipment: In all
solicitations, either by competitive bidding or negotiations made by the SPONSOR for work to be performed
under a subcontract, including procurement of materials or equipment, each potential subcontractor or
supplier shall be notified by the SPONSOR of the SPONSOR's obligations under this contract and the
Regulations relative to nondiscrim ination on the grounds of race, color, national origin or sex.
(4) Information and Reports: The SPONSOR will provide all information and reports required by the
Regulations, or orders and instructions issued pursuant thereto, and will perm it access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the State Department of
Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of the SPONSOR is in the exclusive
possession of another who fails or refuses to furnish this information, the SPONSOR shall so certify to the
State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth
what efforts it has made to obtain this information.
(5) Sanctions for Noncompliance: In the event of the SPONSOR's noncompliance with the
nondiscrimination provisions of this contract, the State Department of Transportation shall impose such
contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including,
but not limited to:
(a) withholding of payments to the SPONSOR under the contract until the SPONSOR complies, and/or
(b) cancellation, termination or suspension of this contract, in whole or in part.
(6) Incorporation of Provisions: The SPONSOR will include the provisions of paragraphs (1) through
(6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the
Regulations, order, or instructions issued pursuant thereto. The SPONSOR will take such action with respect
to any subcontract or procurement as the State Department of Transportation or the Federal Highway
Administration may direct as a means of enforcing such provisions including sanctions for noncompliance.
Provided, however, that in the event the SPONSOR becomes involved in, or is threatened with, litigation with
a subcontractor or supplier as a result of such direction, the SPONSOR may request the State to enter into
such litigation to protect the interests of the State, and, in addition, the SPONSOR may request the United
States to enter into such litigation to protect the interests of the United States.
E-l
EXHIBIT F
CERTIFICATION OF SPONSOR
DRUG-FREE WORKPLACE
, hereby certify that I am a principle and duly authorized representative of Augusta-Richmond County,
whose address is Municipal Building. 530 Greene Street. Augusta. GA 30911, and it is also certified
that:
(1) The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated,
relating to the "Drug-Free Workplace Act" have been complied with in full; and
(2) A drug-free workplace will be provided for the SPONSOR's employees during the
performance of the contract; and
(3) Each subcontractor hired by the SPONSOR shall be required to ensure that the
subcontractor's employees are provided a drug-free workplace. The SPONSOR shall
secure from that subcontractor the following written certification: "As part of the
subcontracting agreement with the SPONSOR, <the subcontractor> certifies to the
SPONSOR that a drug-free workplace will be provided for the subcontractor's employees
during the performance of this contract pursuant to paragraph (7) of subsection (b) of the
Official Code of Georgia Annotated Section 50-24-3"; and
(4) It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana during the
performance of the contract.
em Il-r f? I'tf Y
Date ' /
F-1
EXHIBIT G
SPONSOR
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
AND
OTHER RESPONSIBILITY MATTERS
I hereby certify that I am the Mayor-Chairman and duly authorized representative of Augusta-Richm ond County.
whose address is Municipal Building. 530 Greene Street. Augusta. GA 30911, and I certify that I have read and
understand the attached instructions and that to the best of my knowledge and belief the entity and its
representatives:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from covered transactions by the Georgia Department of Transportation and by any Federal
departm ent or agency;
(b) Have not within a three year period preceding this Agreement been convicted of or had a civil
judgement rendered against the firm or its representatives for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or
Local) transaction or contract under a public transaction in violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or Local) with com mission of any of the offenses enumerated in paragraph (b) of this
certification;
(d) Have not within a three year period preceding this Agreement had one or more public transactions
(Federal, State or Local) terminated for cause or default; and
(e) That the firm will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion - Lower Tier Covered Transaction" as attached hereto and without motivation,
in all/ower tier covered transactions and in all solicitations for lower tier covered transactions.
I acknowledge that this certification is provided pursuant to Executive Order 12549 and 49 CFR Part 29 and
that this firm agrees to abide by the rules and conditions set forth therein for any misrepresentation that would
render this certification erroneous, including termination of this Agreement and other remedies available to the
Georgia Department of Transportation and Federal Government.
I further acknowledge that this certificate is to be furnished to the Georgia Department of Transportation, in
connection with this Agreement involving participation of Federal Highway Funds, and is subject to applicable
State and Federal laws, both crim inal and civil.
1II1k/v, Lfi1
Date I
G-l
"
Instructions for Exhibit G Certification
Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered
Transactions (SPONSORS)
1. By signing and submitting this contract the SPONSOR is providing the certification set out in
Exhibit G.
2. The inability of the SPONSOR to provide the certification required may not necessarily result
in denial of participation in this covered transaction. The SPONSOR shall then submit an
explanation of why it cannot provide the certification. The certification or explanation will be
considered in connection with the Department's determination whether to enter into this transaction.
However, failure of the SPONSOR to furnish a certification or an explanation shall disqualify such
person or firm from participation in this transaction.
3. The certification, Exhibit G,is a material representation of fact upon which reliance is placed
by the Department before entering into this transaction. If it is later determined that the SPONSOR
knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the Department may terminate this transaction for cause of default.
4. The SPONSOR shall provide immediate written notice to the Department if at any time the
SPONSOR learns that it certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
5. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered
transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and
"voluntarily excluded", as used in these instructions and the certification, have the meanings set out
in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may
contact the Department for assistance in obtaining a copy of those regulations.
6. The SPONSOR agrees by submitting this proposal/contract that should the proposed covered
transaction be entered into, it shall not knowingly enter into a lower tier covered transaction with a
person/firm who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction unless authorized by the Department.
7. The SPONSOR further agrees by submitting this proposal/contract that it will include the clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transaction", as provided by the Department without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions. .
8. A SPONSOR in a covered transaction may rely upon a certification of a prospective participant
in lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. The SPONSOR
may decide the method and frequency by which it determines the eligibility of its principals.
9. Nothing contained in the foregoing s.hall be construed to require establishment of a system of
records in order to render in good faith the certification required by these instructions. The
knowledge. and information of tf:1e SPONSOR is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if the SPONSOR
in a covered transaction knowingly enters into a lower tier covered transaction with a person who
is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction in
addition to other remedies available to the Federal Government, the Georgia Department of
Transportation may terminate this transaction for cause or default.
G-2
"
APPENDICES
FOR SPONSOR'S USE IN LOWER TIER CONTRACTS
"
APPENDIX 1
":
LOWER TIER CONTRACTOR
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
AND
OTHER RESPONSIBILITY MATTERS
, hereby certify that I am the
tive of the
and duly authorized representa-
, whose address is
, and I certify that I have read and understand the
of my knowledge and belief the firm and its
attached instructions and that to the best
representatives:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by the Georgia Department of Transportation
and by any Federal department or agency;
(b) I acknowledge that this certification is provided pursuant to Executive Order 12549 and 49
CFR Part 29 and that this firm agrees to abide by the rules and conditions set forth therein
for any misrepresentation that would render this certification erroneous, including termination
of this Agreement and other remedies available to the Georgia Department of Transportation
and Federal Government.
(c) I further acknowledge that this certificate is to be furnished to the Georgia Department of
Transportation, in connection with the Prime Contractor Agreement involving the participation
of Federal Highway Funds, and is subject to applicable State and Federal laws, both criminal
and civil.
Date
(SEAL)
Signature
'f
Instructions for Appendix 1 Certification
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - - - Lower Tier
Covered Transactions
This certification applies to subcontractors, material suppliers, vendors and other lower tier
participants.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out in Appendix 1.
2. The certification, Appendix 1, is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the Department or Agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to
which the proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms "covered transaction", "debarred", "suspended", ineligible", "lower tier covered
transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and
"voluntarily excluded", as used in these instructions and the certification, have the meanings set out
inthe Definitions and Coverage sections of the rules implementing Executive Order 12549. You may
contact the person to which this proposal is submitted for assistance in obtaining a copy of those
. regulations.
5. The prospective lower tier participant agrees by submitting this proposal/contract that should
the proposed covered transaction be entered into, it shall not knowingly enter into a lower tier
covered transaction with a person/firm who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction unless authorized by the Department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal/contract that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - - - Lower Tier Covered Transaction", without modification, in all lower tier
covered transactions and in all.solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant
in lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if the participant in
a covered transaction knowingly enters into a iower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction in
addition to other remedies available to the Federal Government, the department or agency may
pursue available remedies, including suspension and/or debarment.
'f
APPENDIX 2
"f
..
CERTIFICATION REGARDING EQUAL
EMPLOYMENT OPPORTUNITY
I further certify that I have_, have not _' participated in a previous contract or subcontract
subject to the equal opportunity clause, as required by Executive Orders 10923, 11114, or 11246,
and that I have _' or have not _' filed with the Joint Reporting Committee, the director of the
Office of Federal Contract Compliance, a Federal Government contracting or administering agency,
or the former President's Committee on Equal Employment Opportunity, all reports.due under the
applicable filing requirements.
,. understand that if I have participated in a previous contract or subcontract subject to the Executive
Orders above and have not filed the required reports that 41 CFR 60-1.7(b)(1) prevents the award
of this contract unless I submit a report governing the delinquent period or such other period
specified by the Federal Highway Administration or by the Director, Office of Federal Contract
Compliance, U.S. Department of Labor.
Bidder's IRS No.
Reports and notifications required under 41 CFR 60-4 including reporting sub-contract awards in
excess of $10,000.00 should be addressed to:
Ms. Carol Gaudin
Assistant Regional Administrator
Office of Federal Contract Compliance Programs
1375 Peachtree Street, NE, Room 678
Atlanta, Georgia 30367
Date
Signature
I'
l
APPENDIX 3
.J4
.
"
EXAMINATION OF PLANS AND SPECIFICATIONS
I hereby certify that I have carefully examined the plans for this project and the "Standard
Specifications", 1993 Edition, "1996 Supplemental Specification Book", and the Supplemental
Specifications and Special Provisions included .in and made a part of this Proposal, and have also
personally examined the site of the work. On the basis of the said specifications and plans, I
propose to furnish all necessary machinery, tools, apparatus and other means of construction, and.
do all the work and furnish all the materials in the manner specified.
I understand the quantities mentioned are approximate only and are subject to either increase or
decrease and hereby propose to perform any increased or decreased quantities of work or extra
work on the basis provided for in the Specifications.
I also hereby agree that Augusta-Richmond County would suffer damages in a sum equal to at least
the amount of the enclosed Proposal Guaranty" in the event my Proposal should be accepted and
a Contract tendered me thereunder and I should refuse to execute same and furnish bond as herein
required, in consideration of which damage, and in order to prevent s'ame, which is, necessarily,
incomputable and irreparable, I hereby agree that, in the event of such failure on my part to execute
said Contract and furnish said bond within fifteen (15) days after the date of the letter transmitting
the Contract to me, the amount of said Proposal Guaranty shall be and is hereby, forfeited to
Augusta-Richmond County as liquidated damages as the result of such failure on my part.
I further propose to execute the contract agreement described in the Specifications as soon as the
work is awarded to me, and to begin and complete the work within the time limit provided. I also
propose to furnish a Contract Bond, approved by Augusta-Richmond County, as required by the laws
of the State of Georgia. This bond shall not only serve to guarantee the completion of the work on
my part, but also to guarantee the excellence of both workmanship and materials until the work is
finally accepted, as well as to fully comply with all the laws of the State of Georgia.
Date
Signature
I"
.
"
APPENDIX 4
"
.~
.
.
NOTICE TO CONTRACTORS
COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
FOR FEDERAL-AID CONTRACTS
During the performance of this Contract, the CONTRACTOR, for itself, its assignees and successors in interest
(hereinafter referred to as the "CONTRACTOR"), agrees as follows:
(1) Compliance with Regulations: The CONTRACTOR will comply with the Regulations of the Department of
Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title
49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations [also 49 CFR Part 27]), which are
herein incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The CONTRACTOR, with regard to the work performed by it after award and prior to
completion of the contract work, will not discriminate on the grounds of race, color, national origin, or sex in the selection
and retention of subcontractors including procurement of materials and leases of equipment. The CONTRACTOR
will not participate either directly or indirectly in the discrim ination prohibited by Section 21.5 of the Regulations, including
employment practices when the contract covers a program, set forth in Appendix S'of the Regulations. In addition, the
CONTRACTOR will not participate either directly or indirectlyin the discrimination prohibited by 23 CFR 710.405(b).
(3) Solicitations for Subcontracts. Including Procurement of Materials and Equipment: In all solicitations,
either by competitive bidding or negotiations made by the CONTRACTOR for work to be performed under a
sut;>contract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified
by the CONTRACTOR of the CONTRACTOR's obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, national origin or sex.
(4) Information and Reports: The CONTRACTOR will provide all information and reports required by the
Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the SPONSOR, State Department of
Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations,
orders and instructions. Where any information required of the CONTRACTOR is in the exclusive possession of
another who fails or refuses to furnish this information, the CONTRACTOR shall so certify to the SPONSOR, State
Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts
it has made to obtain this information.
(5) Sanctions for Noncompliance: In the event of the CONTRACTOR's noncompliance with the
nondiscrimination provisions of this contract, the SPONSOR shall impose such contract sanctions as it or the State
Department of Transportation or Federal Highway Administration may determine to be appropriate, including, but not
limited to: .
(a) withholding of payments to the CONTRACTOR under the contract until the CONTRACTOR complies, and/or
(b) cancellation, termination or suspension of this contract, in whole or in part.
(6) Incorporation of Provisions: The CONTRACTOR will include the provisions of paragraphs (1) through (6)
in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations,
order, or instructions issued pursuant thereto. The CONTRACTOR will take such action with respect to any subcontract
or procurement as the SPONSOR, State Department of Transportation or the Federal Highway Administration may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the
event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a
result of such direction, the CONTRACTOR may request the SPONSOR to enter into such litigation to protect the
interests of the SPONSOR. In addition, the CONTRACTOR may request the State or the United States to enter into
such litigation to protect the interests of the State or the United States, respectively.
; .
...'! "
...
APPENDIX 5
... '
'. ,
:~""11 __; ~
Q
CERTIFICATION OF CONTRACTOR
DRUG-FREE WORKPLACE
I hereby certify that I am a principle and duly authorized representative of
address is
that:
whose
, and it is also certified
(1) The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated,
relating to the "Drug-Free Workplace Act" have been complied with in full; and
(2) A drug-free workplace will be provided for the CONTRACTOR's employees during the
performance of the contract; and
(3) Each subcontractor hired by the CONTRACTOR shall be required to ensure that the
subcontractor's employees are provided a drug-free workplace. The CONTRACTOR shall
secure from that subcontractor the following written certification: "As part of the subcontracting
agreement with the CONTRACTOR, <the subcontractor> certifies to the CONTRACTOR that
a drug-free workplace will be provided for the subcontractor's employees during the
performance of this contract pursuant to paragraph (7) of subsection (b) of the Official Code of
Georgia Annotated Section 50-24-3"; and
(4) It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution,
dispensation, possession,-or use of a controlled substance or marijuana during the performance
of the contract.
Date Signature