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HomeMy WebLinkAboutNEW BETHLEHEM COMMUNITY CENTER INC TIMBERLAKE OUTDOORS CDBG PROJECT I I ~ ,- ,. ..... I PROJECT MANUAL I New Bethlehem Center Improvements I 1336 CONKLIN AVENUE, AUGUSTA, GEORGIA 30901 PROJECT NUMBER CDBG #04071 I GRANT RECIPIENT I NEW BE I nL...EHEM COMMUNITY CENTER, INC. I 1336 CONKLIN A VENUE AUGUSTA, GA 30901 I ARCHITECT I 2KM Architects, Inc. . 2275 Wrightsboro Road I Augusta, Georgia 30904 I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT I 925 LANEy-WALKER BOULEVARD AUGUSTA, GA 30901 PHONE (706) 821-1797 FAX (706) 821-1784 I I I I I ~ .... ill i. I ~. ~1(#C1J'U!})zt &~8'n~ ~ fff~i ~amd, &~..., ADDiENDUM' TO: FROM: DATE: All Bidders Geri A. Sams SUBJ: July 27,2007 ADDENDUM #1 Bid Item #07-147 New Bethlehem Center Improvements New Bid Date: Monday August 6, 2007 @ 3:00 p.m. This fax is to notify all potential bidders that the bid opening date for BID ITEM #07~147 has been changed. From: Thursday, August 2, 2007 @ 3:00 p.m. Monday, August 6,2007 @ 3:00 p.m. To: This addendum is applicable only to persons that attended the Mandatory Pr&Bid Conference, attended the mandatory site visit and acquired an official set of plans and specifications from Digital Blue Print. Part 1 - Specifications: 1.10] Reference Section A, Invitation to Bid, fourth paragraph, MANDATORY Pre-Bid Conference. The following are made a part of the Contract Documents: a. See attached "Pre-bid Conference Agenda." b. See attached "Sign~in Log" for attendance at Mandatory Pre-,bid Conference. 1.102 Reference AHCDD Form 402 "General Conditions" page 402-16, paragraph 1; "Contract Period" Construction Days: To be determined-Complete by September 30,2007. a. DELETE: "The Contractor shall complete all work required under this contract within the time schedule establishe9 in the Notice to Proceed issued by AHCDD." b. ADD: "The Contractor shall complete all work required under this contract by September 30th, 2007." Please acknowledge receipt of addenclum in your bid package. If you have any questions regarding this correspondence, please contact me at (706) 821-2422. cc: Tameka Allen Chester Wheeler Rosa White Vicki Johnson Interim Deputy Administrator Housing & Conununity Development Housing & Community Development Housing & Conununity Development Room 605 - 530 Greene Street, Augusta, Georgia 30911 (706) 821-2422 - Fax (706) 821-2811 WWW.aumsta2a.I!:OV Register at www.demandllltal..com/BlUlplierfor automatic bid notification f1I I:. ARCHITECTS ' Date: July 27, 2007 Time: 10:00a.m. 2KM#07 ~08.4 NEW BETHLEHEM CENTER A COMMUNITY PARK CHILDREN'S PLAYGROUND PHASE MANDATORY PRE-BID CONFERENCE AGENDA Location: Procurement Department Room 605 New Bethlehem Park Attendees: (See sign-in sheet) 1. Sign-in: a. Sign and provide contact information. b. Request all parties sign-in with Full Name, Title, Company Name, Phone Number and Fax Number, if not already registered plan holder. 2. Introductions: a. AlE and Owner. b. Facility Representatives/AHCDD Contacts. c. All attendees. 3. General Project Overview: a. New Playground equipment (dispose of existing). b. New border with play mulch. c. Schedule: 1) Bid date: Thursday August 2nd, 2007 at 3:00p.m. Augusta Procurement Department 530 Greene Street, Room 605 Augusta, Georgia 30911 2) Construction Days: To be determined-Complete by September 30, 2007. d. Review unique conditions and constraints of the project, site, and specifications: 1) Bid Unit Price for Rubber Mulch. 2) Deduct Alternate: a) Delete existing playground equipment demolition: 1. Demolition of playground equipment to be completed by Owner (FBO, IBO). b) Delete (3) new pieces of playground equipment (Mega structure to remain in Contract): 1. Provide Unit Price to Add or Deduct new Arch Swing set (Miracle #718- 852-4S) N:\2007 Bid Inforrnation\07-147\Pre-Bid Agenda-Sign-In Log.doc EI ARCHITECTS 2KM#07 -08.4 NE"T BETHLEHEM CENTER A COMMUNITY PARK CHILDREN'S PLAYGROUND PHASE MANDATORY PRE-BID CONFERENCE AGENDA Date: July 27, 2007 Location: Procurement Department Room 605 New Bethlehem Park Time: 10:00a.m. 2. Provide Unit Price to Add or Deduct new Multi-Pondo (Miracle #150- 060) 3. Provide Unit Price to Add of Deduct new Curved Balance Beam (Miracle #714-913-S). 3) Conduct on Site: a) Proper Behavior. 4) Safety: Children present; enclose work areas with safety barricade fencing 5) Addendum will document: a) Alternates. b) Prior approval items. c) Contract days and completion. 4. Open for questions. 5. Site tour. 6. Adjourn meeting. N:\2007 Bid Information\07-147\Pre-Bid Agenda-Sign-In Log.doc Bid #07-147 New Bethlehem Center Improvements for Housing and Community Development Bid Opening Date: Monday, August 6, 2007 @ 3:00 p.m. . Vendors: Total Bid Bid Bond Add 1 Ammar Company P.O. Box 204198 Evans, Ga 03809 Ball's Enterprise 721 Eve St. Auausta, GA Hasley Recreation & Design P.O. Box 696 Greensboro, GA 30642 Timberlake Outdoors .' I I $ ~9) 9 6ro. 57 1200 Cedar Grove Rd. Buckhead, GA 30625 Vastec Group 701 Greene Street, Suite 100 Augusta, GA .30901 1;:... t:=>..~. ?;;:::" , '." .' r, \ ,.. !,!-; {;I' O. ' TIW~ illl I> 7 I' G b ZOO. ,.-/ AI'''"' ':0tl .._..._._____,____N..'~____._'N...... -C;O ." ...., = ." j;j -l ." := ." ." > ." ..., <: :J.Q :I: ~ .. :I: s' :I: i::l el :I: i::l s :I: 8 ~ "0- ..., F .. 0 ..., f Q.<D ~ m 2 0 .,. ~ to ;;' ~ to 3 ~ .. "O::l. <: ,,; () .. 0 '<: 0 ". n Q!.r- ..., .. t"l r; .. " i x ::0 ~ x " 00 C'l 2;'~ w C/) ~ .. 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So <D {J '1:j " ~ Q'! i:l Cl Cl C '" j\j '< '< '< '< '< m 0 ~ 0 "'" ..... ~ <D :"' 0......0.00 ~omm.[ roCD~m.c: ro~a:51 ...~ ~ ~ ~ ~ 00 c5~ ~- "Om (1)12. ar~ -, Ql '<...... -:n~ ~ 23g ~ ." 0. ceo. en 0<D .0 -:-~. -6' "0 3 3 <D <D " 3. - 5" 0- <D ~~~~~~~a?~m~~~ m g. 41 6 g. 41 cD g. 4' ~.-c' $. g. fi ; ~. ~ ;. ~. g; ; ~. ~. ~ ~ ; ~~g--:-~g.~~g-~~-;~ :Ff;>~ ~~~~~a~~~ ~<~ e~' g.~~tg"2.m 'f[~' ~~. cog..::;;~~ ~ $m(t) :J CD :S:.CD 2 UI . ~o g-o cBS" E-a fi6: ~ti: ~5: @~ ;~ Gr~ ~~ o~ m....~-~..., g 3 :u: g. a ;::11.;o-cC ~~g.~s: ?"~~g:~ ~3::m@ o~a [9-5"' 5'~ ~ -f}+- () 5P -D cr- 6' (J''1 -J """t. C> <::>. D <;cp~ . ...iI" . -- 7Jl.~ ~ .VJ~ w.....)o- "tl ~ O~ :E m ~o ? :-:' "".' r""::'/~:': !;~: ~o nt:{i:', en ;'~,' ".;; -c ;0 "tIO ;o~ eo> m-<;o ~2g ~&i;;j ;::"'0 r!'?::l ~~6' :E.:,.g" ~~~ s: . CD :iF ::J" <: CD c: 3 ;i' n o 3 3 <: S: z o :I> ;0 9' <: > a <: CD 3 CD " .., (jj ~ N CD " ~ ~ 3 " ~ :1:'" ..... .. :E > 0 ~ :!. -s Cl Cl co f'l .:., .::T=- '" (j~= Cl cpOf1:l .:., ~a~ ;:; 0 ~6'jIl Ql .... 0.= !" ;;.tJ m '" 0 ;>; c:: ;:: (ij "tI :>J :::j 0 0 '- m oZ 0 -< ~z z 9 r!'!=? o .... b CD A. CD c;; hi o o .... AHCDD Form 222 (Rev. 01/03) ARCHITECTURAL & ENGINEERING FIRM PROJECT ORDER # CDBG-04071 Date: 06/15/07 Au usta Housin & Communi Development Dept Vicki Johnson Rob Mauldin Vivianne Fuentes Project Title: New Bethlehem Center Improvements - Playground Equipment Pro'ect Number: CDBG.;.04071 This Project Order is issued pursuant to the A&E Term Contract for Professional Services, AHCDD Form 221, dated January 1, 2007 inclusive of Pages 1 through 4, and the Memorandum of Understanding, AHCDD Form 220, dated January 1, 2007, inclusive of Pages 1 thru 4 appended thereto, which are incorporated herein by reference. I. SCOPE OF WORK: Provide the following architectural/engineering services pertaining to the New Bethlehem Center, located at 1336 Conklin Avenue, Augusta, Georgia 30901. A. Provide evaluations, analysis, recommendations, cost and time estimates, reports, feasibility studies, preparation .of schematic or preliminary designs, field inspections and investigations, and code compliance investigation for architectural projects (or structural engineering, or mechanical engineering projects, or civil engineering projects). B. Provide complete contract documents. C. Provide services to investigate problems and prepare recommendations for corrective action D. Prepare an A&E cost estimate for the proposed project. E. Prepare feasibility studies for proposed projects. F. Other types of professional services of a nature consistent with the intent of the Term Contract. The Augusta-Richmond County Housing & Community Development Department Construction and Professional Services Manual for Architects/Engineers, (hereinafter called "the A&E Manual"), January 2003 edition - revised April 1,2006, and any subsequent revisions during the course of the Project Design Phase, shall apply to this Project. Page 1 of 2 AHCDD Form 222 (Rev. 01/03) ARCHITECTURAL & ENGINEERING FIRM PROJECTORDER # CDBG-04071 Date: 06/15/07 II. A&E PERSONNEL: The A&E assigns the persons identified by function/discipline and classification on the attached proposal as responsible for the Work involved in this Project Order. Function/Discipline Project Manager/Coordinator: Project Architect: Structural Engineer: Mechanical Engineer: Electrical Engineer: Civil Engineer: Other: Name Telephone # Daniel D. King Robert L. Mauldin James Buckingham Steve Peterson Michael Mongrue Brian Slater Jim Wilder 706/736-3333 706/733-3333 706/774-1020 706/774-4020 706/722-3959 . 706/774-1 020 803/663-7188 Should circumstances require substitution for any of the above listed personnel assignments, the A&E shall so advise the Housing & Community Development Department in writing. Any substitute shall have the same or greater level of expertise and experience. The Housing & Community Development Department reserves the right to accept or reject proposed substitutions of personnel. III. PROJECT BUDGET: The AlE will provide a construction estimate for this project. The AlE understands and agrees that the construction budget or "design-not-to....exceed" amount established for this Project is: IV. CONTRACT AMOUNT: $69,000 The A&E agrees to perform all architectural and engineering services required for the completion of the above-described Scope of Work required by this Project Order for the lump sum amount of Six Thousand Eight Hundred Ninety-Two Dollars and Fifty Cents ($6,892.50), which sum shall include the cost of all usual project expenses such as travel, long distance telephone and printing expenses as indicated in the Scope of Services In witness whereof the undersigned have executed this contract on the date set forth above. :c~;~ Robert L. Mauldin Project Architect COMMUNITY TMENT By: Chester A. Wheeler, III Director Page 2 of 2 " B" 2KM Architects, Inc. ',,.::~km. ::'" 2275 Wrightsboro Road ";' ARCH'~;ECTS ", Augusta, Georgia 30904 Ph: (706) 736-3333 Fx: (706) 736-7100 Project Name: New Bethelehem Community Center - Playground Equipment Project Number: 07-08.4 Date: June 6, 2007 FEE SCHEDULE DATE MAN HOURS RATES TOTALS .PHASES TIME FRAME RLM JPNHF RLM JPNHF RLM JPNHF A Pre-Design Phase 1 Initial Review 06/06/07 1.0 ,1.0 $ 95.00 $ 50.00 $ 95.00 $ 50.00 2 Owner submit applications $ - $ - 3 AlE Design Proposal 1.0 1.0 $ 95.00 $ 50.00 $ . 95.00 $ 50.00 4 Agencv Authorization-Notice $ - $ - B Design 1 Field Notes & Base drawings 1.0 4.0 $ 95.00 $ 50.00 $ 95.00 $ 200.00 2 Program Equipment/Scope 1.0 4.0 $ 95.00 $ 50.00 $ 95.00 $ 200.00 3 Develop Plan (1); Demo Plan (1); Equipment; Schedules; Details 2.0 38.0 $ 95.00 $ 50.00 $ 190.00 $ 1,900.00 4 Meet with Owner to review plans & receive comments 1.0 1.0 $ 95.00 $ 50.00 $ 95.00 $ 50.00 5 Develop Project Specifications 2.0 20.0 $ 95.00 $ 50.00 $ 190.00 $ 1,000.00 .C Bid Phase 10 Days 1 2KM turn over documents to printer 1.0 $ 50.00 $ - $ 50.00 2 Conduct Mandatory "Pre-Bid Conference" on site 1.0 1.0 $ 95.00 $ 50.00 $ 95.00 $ 50.00 3 Issue Addendum 1.0 1.0 $ 95.00 $ 50.00 $ 95.00 $ 50.00 4 Purchasing Department receives bids 1.0 $ 50.00 $ - $ 50.00 5 Review and award contract 2 weeks 0.5 0.5 $ 95.00 $ 50.00 $ 47.50 $ 25.00 D Contract Administration Phase 60 Days 1 Notice to Proceed - Owner 5 Days $ - $ - 2 Pre-Construction Conference Same period 1.0 1.0 $ 95.00 $ 50.00 $ 95.00 $ 50.00 3 Construction Period 60 Days 4.0 8.0 $ 95.00 $ 50.00 $ , 380.00 $ 400.00 SUBTOTALS: $ 1,567.50 $ 4,125.00 TOTAL: $ 5,692.50 Comments: Based on current stated cost limitation of$57,000. Design Scope Alternate: ADD $1,200 AlE fee for extended budget (Pending $12,000 additional funding). /~ /(7 ~ G:\2007 Projects\07-08 Augusta Housing and Community Development Departmentl07-08.4 New Bethlehem Community CenteMDMINISTRATION\(DD) Design Development\Financial\07 -08.4 Fee Schedule 1. Remove and dispose of existing equipment 2. Center piece equipment 3. Support equipment (swing, etc.) 4. Certain Fencing 5. Spray ground cover 6. Drinking fountain/water spray area/plaque $57,000 $4,700 $4,000 est. $200 $3,000 est. NEW BETHLEHEM COMMUNITY CENTER A COMMUNITY PARK CHILDREN'S PLAYGROUND PHASE AS OF June 6,2007 PENDING: 1. Survey (Free) 2. Park plan (Free) IN PROJECT (PROPOSED) TOTAL ADDITIONAL ASPECTS OF THE PARK FOR FUTURE CONSIDERATION: 1. Toddler area: mulching and equipment 2. Remainder of peripheral fencing: Replace 3. Basketball planning cost: Consultants. Print Preview Page 1 of 1 Augusta- Richmond County Map For Private Use Only Disclaimer: While every effort is made to keep information provided over the intemet accurate and up-to-date, Augusta does not certify the authenticity or accuracy of such information. No warranties, express or implied, are provided for the records and/or mapping data herein. or for their use or interpretation by the User. http://mapweb . augustaga.gov / aUgustalprintPreview. aSDX ?PrintOntData= A U{1m:t~ - R i r:hmonrl h/7 !7()(\7 ~I I I I I I I I I I I I I I I I I I I GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006 Effective July 1, 2007, the following language is required to be included in all contracts entered into by the Department for the physical performance of services within this State: "A. Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the Contractor understands and agr~es that compliance with the requirements of O.C.G.A. S 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 are conditions of this Agreement. The Contractor further agrees that such compliance shall be attested by the Contractor through execution of the contractor affidavit required by Georgia Department of Labor Rule 300-10-1-.07, or a substantially similar contractor affidavit. The Contractor's fully executed affidavit is attached hereto as Exhibit _ and is incorporated into this Agreement by reference herein. B. By initialing in the appropriate line below, the Contractor certifies that the following employee-number category as identified in O.C.G.A. S 13-10-91 is applicable to the Contractor: 1. 500 or more employees; 2. / 100 or more employees; 3. V Fewer than 100 employees. C. The Contractor understands and agrees that, in the event the Contractor employs or contracts with any subcontractor or subcontractors in connection with this Agreement, the Contractor shall: 1. Secure from each such subcontractor an indication of the employee- . number category as identified in O.C.G.A. S 13-10-91 that is applicable to the subcontractor; 2. Secure frpm each such subcontractor an attestation of the subcontractor's compliance with O.C.G.A. S 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 by causing each such subcontractor to execute the subcontractor affidavit required by Georgia Department of Labor Rule 300-10-1-.08, or a substantially similar subcontractor affidavit. The Contractor further understands and agrees that the. Contractor shall require the executed subcontractor affidavit to become a part of the agreement between the Contractor and each such subcontractor. The Contractor agrees to maintain records of each subcontractor attestation required hereunder for inspection by the Department at any time." I I I I I I I I I I I I I I I I I I I STATE OF GEORGIA RICHMOND COUNTY CONTRACTOR AFFIDAVIT AND AGREEMENT COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned contractor, who, after being duly sworn, states as follows: 1. By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. S 13-10-91 and Georgia Department of Labor Rule 300-1 0-1-.02, stating affirmatively that the individual, firm, or corporation which is contracting with the Georgia Department of Natural Resources has registered with and is participating in a federal work authorization program * in accordance with the applicability provisions and deadlines established in O.C.G.A. S 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. 2. The undersigned contractor further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to the contract with the Georgia Department of Natural Resources of which this affidavit is a part, the undersigned contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. S 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 through the subcontractor's execution of the subcontractor affidavit required by Georgia Department of Labo{ Rule 300-10-1-.08 or a substantially similar subcontractor affidavit. The undersigned (contractor rther agrees to maintain records of . such compliance and provide a copy of e ch such veri lcation to the Georgia Department of Natural Resources at the time the subc tractor(s) i retained to perform.such service. EEV / Basic Pilot Program User Identi~at on Numb FURTHER AFFIANT SA YE BY: Authorized Officer or Agen Contractor Name Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent Page] I I I I I I I I I I I I I I I I I I I Sworn to and subscribed before me This _ day of , 2007 Notary Public My commission expires: * Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and ControlActof1986 (IRCA),P.L. 99-603. As of the effective date ofO.C.G.A. S 13-10- 91, the applicable federal work authorization program is the "EEV I Basic Pilot Program" operated by the U.S. Citizenship and Immigration Services Bureau ofthe U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). . Page 2 I I I I I I I I I I I I I I I I I I I STATE OF GEORGIA RICHMOND COUNTY SUBCONTRACTOR AFFIDAVIT COMES NOW before me, the undersigned officer duly authorized to administer oaths, the undersigned subcontractor, who, after being duly sworn, states as follows: By executing this affidavit, the undersigned subcontractor verifies its compliance with a.c.G.A. ~ 13-10-91 and eorgia Department of Labor Rule 300-10-1-.02, stating affirmatively that the individu , rm, or corporation which is engaged in the physical performance of services unde a ontract with (name of contractor) on behal of he Georgia Department of Natural Resources has registered with and is partic patin in a federal work authorization program * in accordance with the applicabili pro VI ions and deadlines established in O.C.G.A. S 13- 10-91 and Georgia Department fLabor ule 300-10-1-.02. Printed Name of Authorized Officer or Agent EEV / Basic Pilot Program User PUR THER APFI BV' Subcontractor Name Sworn to and subscribed before me This _ day of , 2007 Notary Public My commission expires: * Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Deparnnent of Homeland Security to verify information of newly hired employees, pursuant to the lmmib'Tation Reform and Control Act of 1986 CIRCA), P.L. 99-603. As of the effective date of O.C.G.A. 9 13-10-91, the applicable federal work authorization program is the "EEV I Basic Pilot Program" operated by the U.S. Citizenship and lmmigration Services Bureau of the U.S. Deparnnent of Homeland Security, in conjunction with the Social Security Administration (SSA). I I I I I I I I I I I I I I I I I I I ~I TABLE OF CONTENTS AHCDD Form # Title I Page Number I t d t I f - . I I I I I I I I' II I' II II I n ro uc on' n ormation 100 Invitation to Bid 100-1 101 Instructions to Bidders 101-1 102 Information available to bidders 102-1 Bidding Requir~ments 103 Bid Form & Bid Tabulation 103':1 104 Representations, Certifications and Other Statements of Bidders 104-1 ; 105 Certification for Business Concerns Seeking Section 3 Preference 105-1 106 Non-Collusion Affidavit 106-1 107 Bidder's Qualifications 107-1 108 Wage Decision Transcript 108-1 109 List of Drawings 109-1 110 Certificate as to Corporate Principle . 110-1 ContractinCl Reauirements 115 Notice of Contract Award 115 401 Contract . 401-1 . 402 General Conditions of the Construction Contract 402-1 403 Supplemental Conditions to the Construction Contract 403-1 '. 404 Additional Supplemental Conditions - Mandatory compliance for Section 3 404-1 406 Contractor Reporting Requirements 406-1 409 Notice to Proceed 409-1 410 Preconstruction Meeting Agenda 410-1 411 Affirmative Action 411-1 412 Affirmative Action Goals & Timetable 412-1 501 Performance & Payment Bond 501-1 502 Insurance 502-1 503 Non-Segregated Facilities 503-1 504 Special Power of Attorney Certificate 504-1 Specifications 111 T echn ical Specifications 111-1 . Page 10f 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Invitation To Bid Sealed bids will be received at this office until 3:00 p.m., Thursday, August 2, 2007 Bid Item #07-147 New Bethlehem Center Improvements for Housing & Community Development Bids wilJ be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30911 706-821-2422 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street - Room 605, Augusta, GA 30911. Plans and specifications for the project can be made available upon request to Digital Blue Print. The fees for the plans and specifications which are non~refundable is $25.00 Documents may also be examined during regular business hours at the Augusta Builders Exchange, 1262 Merry Street, Augusta, GA 30904; F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy, the Owner is providing the opportunity to view plans online (www.digblue.com) at no charge through Digital Blueprint (706-821-0405) beginning Tuesday, July 17,2007. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre~Bid Conference will be held on Friday, July 27, 2007 @ 10:00 a.m. in Room 605 of the Procurement Department. There will be a mandatory site visit following the meeting. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-82l~2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All questions should be submitted in writing by 2:00 p.m. on Friday, July 27, 2007. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders' qualifications; a 100 % performance bond and a 100 % payment bond will be required for award. Bidders will please note that the number of copies requested; all supporting documents including financial statements and references and such other attachments that may be required by the bid are material conditions of the package. Any package found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that helshe has been improperly disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta Commission. Please mark Bid number on the outside of the envelope. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle Augusta Focus July 17, 19, 24,26, 2007 July 19, 2007 cc: Tameka Allen Chester Wheeler Belinda Brown Interim Deputy Administrator Housing & Community Development Housing Economic Development I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT INSTRUCTIONS FOR BIDDERS AHCDD Form 101 (Rev. 10106) IFB #: COSG #04071 1. Bid Preparation and Submission: A. Bidders are expected to examine the specifications, drawings, all instructions, and, if applicable, the construction site (see also the contract clause entitled "Site Investigation and Conditions Affecting the Work" of the General. Conditions of the Contract for Construction). Failure to do so will be at the bidders' risk. B. All bids must be submitted on the forms provided by the Owner (City). Bidders shall furnish all the information required by the solicitation. Bids must be signed and the bidder's name typed' or printed on the bid sheet and each continuation sheet which requires the entry of information by the bidder. The person signing the bid must initial erasures or other changes. Bids signed by an agent shall be accompanied by evidence of that agent's authority. (Bidders should retain a copy of their bid for their records.) To be responsive, the' bidder must submit the following documents in a sealed envelop marked on its face with the correct bidding information with his/her bid: (1) Representations, Certifications, and Other Statements of Bidders; (2) Non-collusion Affidavit; (3) Section 3 Preference Certification, completed and certified OR marked NA if the bidder is not claiming Section 3 preference; (4) Bidder's Qualifications, including a Financial Statement and a current Georgia Business License as a General Contractor. (5) Bid Form; (6) Bid Bond and Certificates. The City shall reject a bid as non-responsive any bid that does not include each of the above documents, fully completed and properly executed. c. All bid documents shall be sealed in an envelope which shall be clearly marked with the words "Bid Documents," the Bid #, the Project Name, the Project Number, the bidder's name, and the date and time for receipt of bids. If the bidder chooses, he may submit the required Bidder's Qualifications and Financial Statement in a separate sealed envelope. If the bidder is not the low bidder, the sealed envelope will be returned unopened. The Bidder's Qualifications and Financial Statement sealed envelope must be marked on its . face with the same information as above, with the exception that the envelope will be clearly marked "Bidder's Qualifications and Financial Statement" instead of "Bid Documents." D. If this solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "No Bid" in the space provided for any item on which no price is submitted. ' Page 101-1 I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT INSTRUCTIONS FOR BIDDERS AHCDD Form 101 (Rev. 10106) IFB#: COBG #04071 (3) Record of past performance; and (4) Financial and technical resources (including construction and technical equipment). B. The bidder shall submit the completed Bidder's Qualifications form with the bid for the purpose of assisting the City to determine "responsibility. The City may rely on sources of information other than the bidder's qualifications to determine responsibility. The failure of the bidder to submit the qualifications shall render the bidder non-responsive and ineligible for award. 5. Late Submissions, Modifications, and Withdrawal of Bids: A. Any bid received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before,award is made and it: (1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g. an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th); (2) Was sent by mail, or if authorized by the solicitation, was sent by telegram or via facsimile, and it is determined that the late receipt was due solely "to mishandling by the City after receipt at the Procurement Department; or (3) Was sent by U.S. Postal Service Express Mail Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term "working days" excludes weekends and observed holidays. B. Any modification or withdrawal of a bid is subject to the same conditions as in paragraph A of this provision. C. The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent either by registered or certified mail is the U.S. postmark both on the envelope or wrapper and on the original receipt from the U.S. Postal Service. Both postmarks must show a legible date or the bid, modification, or withdrawal shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. Postal Service on the date of mailing. Therefore, bidders should request the postal clerk to place a hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. D. The only acceptable evidence to establish the time of receipt at the Procurement Department is the time/date stamp of the Procurement Department" on the proposal wrapper or other documentary evidence of receipt maintained by the Procurement Office. Page 101-3 I I I I I I I I I I I I I I I 8. I I I I AHCDD Form 101 (Rev. 10106) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT INSTRUCTIONS FOR BIDDERS COSG #04071 IFB#: Contract Award: A. The Owner (City) will evaluate bids in response to this solicitation without discussions, and will recommend contract award to the Contractor. B. The Owner (City) will award a contractto the responsible bidder whose bid, conforming to the solicitation, will be most:advantageous to the Owner considering only price and any price- related factors specified in the solicitation. C. If the apparent low bid received in response to this solicitation exceeds the Owner's available funding for the proposed contract work, the Owner (City) may either accept separately priced items (see 8(e) below) or use the following procedure to determine contract award. The Owner (City) shall apply in turn to each bid (proceeding in order from the apparent low bid to the high bid) each of the separately priced bid deductible items, if any, in their priority order set forth in this solicitation. If, upon the application of thefirst.deductibl~ item to all initial bids, a new low bid is within the Owner's available funding, then award shall be made to that bidder. If no bid is within the available funding amount, then the Owner (City) shall apply the second deductible item. The Owner (City) shall continue this process until an evaluated low bid, if any, is within The Owner's (City) available funding. If upon the application of all deductibles, no bid is within the Owner's (City) available funding, or if the solicitation does not request separately priced deductibles, the Owner (City) shall follow its written policy and procedures in making any award under this solicitation. . D. In the case of tie low bids, award shall be made in accordance with the Owner's Augusta Housing and Community Development (AHCDD) written policy and procedures. . E. The Owner (City) may reject any and all bids, accept other than the lowest bid (e.g., the apparent low bid is unreasonably low), and waive informalities or minor irregularities in bids received, in accordance with the Owner's AHCDD's written policy and procedures. F. Unless precluded elsewhere in the solicitation, the Owner (City) may accept any item or combination of items bid. G. The Owner (City) may reject any bid as non,;,responsive if it is materially unbalanced as to the prices for the various items of work to be performed. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work. H. A written award shall be furnished to the successful bidder within the period for acceptance specified in the bid and shall result in a binding contract without further action by either party. Augusta~Richmond County Commission Approval: Any contract is subject to cancellation and rejection by the members of the Augusta-Richmond County Commission, without liability, at the next regularly scheduled, properly convened meeting, following submission of the contract for approval, regardless of any contrary statements or representations of any member, officer, or employee of the City. The contractor recognizes that neither the Grant Recipient nor any member, officer, or employee of AHCDD has the power or authority to waive or limit the effect of this Paragraph nor the control of the members of the Augusta-Richmond County Commission over the approval of any contract. In the event that the members of the Augusta-Richmond County Commission cancel or reject this contract at their next regularly scheduled, properly convened meeting, as outlined above, this contract shall be null and Page 1 01 ~5 I I I I I I I I I I I I I I I I I I I AHCDD Form 101 (Rev. 10106) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT INSTRUCTIONS FOR BIDDERS IFB#: . COBG #04071 Labor Standards). The Owner's AHCDD will provide the successful bidder with the date, time, and place of the conference. ;~'j' ,. Page 101-7 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I AHCDD Form 102 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT INFORMATION AVAILABLE TO BIDDERS IFB #: COBG #04071 The following information concerning this solicitation is available to the bidder. Please note that this information was gathered solely for the use of the Owner's Augusta Housing & Community Department and not for use as a basis for calculations in preparing a bid. The use and interpretation of this information for any purpose will be entirely the responsibility of the using party. . I te m # T i t I e of D 0 c u m e n t D e sc r i p t i 0 n of D 0 c u m e n t T 0 ta I P a 9 e 5 I . The potential bidder may view the above documents at the location indicated in the Invitation to Bid Notice. I. I. I I I I Page 1 02~1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I AHCDD Form 103 (Rev. 10/06) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT BID FORM IFB#: COSG #04071 Name of Partnership Bidder's Signature If fictitious trade name is employed in the conduct of Date business, insert such name and complete, as appropriate. This foregoing fictitious or trade name: D is D is not registered under State Law. Name of person submitting the bid Witness Witness Name Business address Witness Signature Date Name of Corporation Thnberlake Outdoors, Inc. 1200 Cedar Grove Rd. Buckhead, GA 30625 Co':~~~~4/ Title 71... ~ ( d~Y\--t' & - I -lJ 7 Date Timberlake Outdoors~ Inc. 1200 Cedar Grove Rd. Buckhead, GA 30625 Certificate as to Corporate Principal I,~/~ ---r:~b~\/~k'fJ , v . certify tnat I am the Secretary of the corporation named as Principal in the within bond: That ~c:q lr' .. r-J ~ who signeA.the b ..net on be~. If of the rincipal, was then t:,-y 5/~ e 1'[ of said corporation; that I kno his signature, and hiS sig'nature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. Name of person submitting the bid b-d-rd -nWL~.t{.k-e- Business Address 1~~~teSeall Page 103-4 AHCDD Form 103 (Rev. 10/06) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT BID FORM IFB#: I I I I I I I I I I I I I I I I I I I COSG #04071 To be responsive, the bidder must submit the following documents in a sealed envelope marked on its face with the correct bidding information with his/her bid: 1. Representations, Certifications, and Other Statements of Bidders; 2. Section 3 Preference Certification completed and certified OR marked NA if the bidder is not claiming Section 3 preference; 3. Non-collusion Affidavit; 4. Bidder's Qualifications (including a Financial Statement and a Georgia business license). 5. Bid Form 6. Bid Bond and Certificates AHCDD shall reject a bid as non-responsive any bid that does not include each of the above documents, fully completed and properly executed. Item # Item Description Unit Bid Price Measure Price $ '8/01 aO $ $ $ $ $ $ $ $ $ 1 Provide and Install rubber mulch in place of wood mulch. The bidder may continue by copying and attaching this section to the Bid Form. Sum of all cost extensions $ are included in the base bid Page 103-2 I I I I I I I I I I I I I I I I I I I , I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY IFB#: AHCDD Form 104 DEVELOPMENT DEPARTMENT (Rev. 05/07) REPRESENTATIONS,. CERTI FICA TIONS, COBG #04071 AND OTHER STATEMENTS OF BIDDERS 1. Certificate of Independent Price Determination: a. The bidder certifies that: (1) The prices in this bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor relating to: (a) those prices; (b) the intention to submit a bid; or (c) the methods or factors used to calculate the prices offered; (2) The prices in this bid have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a competitive proposal solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the bidder to induce any other concern to submit or not to submit a bid for the purpose of restricting competition. b. Each signature on the bid is considered to be a certification by the signatory that the signatory: (1) Is the person in the bidders organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs a.(1) through a.(3) above; or (2) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs a. (1) through a. (3) abov1. &<:LIr-~ ---It'1M, b-e~"/~~~ - 'ff-p .f[j;Jl~-:t [Insert full name of person(s) in the bidder's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the bidder's organization] (3) As an authorized agent, does certify that the principals named in subdivision b.(2)(a) above have not participated, and will not participate, in any action contrary to subparagraphs a.(1) through a.(3) above; and (4) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs a. (1) through a. (3) above. c. If the bidder deletes or modifies subparag"raph (a) 2 above, the bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure. Page 104.1 I I I I I I .1 I I I I I I I I I I I I AHCDD Form 104 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS CDBG #04071 IFB#: b. The bidder, by signing its bid, hereby certifies to the best of his or her knowledge and belief as of the date of this bid, that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract resulting from this solicitation; . (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the bidder shall complete and submit, with its bid, OMB standard form LLL, "Disclosure of Lobbying Activities;" and (3) He or she will include the language of this certification in all subcontracts at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. c. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by Section 1352, Title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. 4. Organizational Conflicts of Interest Certification: The bidder certifies that to the best of its knowledge and belief and except as otherwise disclosed, he or she does not have any organizational conflict of interest which is defined as a situation in which the nature .of work to be performed under this proposed contract and the bidder's organizatiorial, financial, contractual, or other interests may, without some restriction on future activities: . a. Result in an unfair competitive advantage to the bidder; or, b. Impair the bidder's objectivity in performing the contract work. [ _-J In the absence of any actual or apparent conflict, I hereby certify that to the be of my knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible pertormance of this procurement (Please initial.) 5. Bidder's Certification of Eligibifity: a. By the submission of this bid, the bidder certifies that to the best of its knowledge and belief, neither it, nor any person or firm which has an interest in the bidder's firm, nor any of the bidder's subcontractors, is ineligible to: Page 104-3 I I I I I I I I I I I I I I I I I I I AHCDD Form 104 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS CDBG #04071 IFB#: c. 0 is at a minority business enterprise. "Minority business enterprise," as used in this pr vi n, means a business which is at least 51 percent owned or controlled by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily operations are controlled by one or more such individuals. For the purpose of this definition, minority group members are: (Check the block applicable to you) o Black Americans o Hispanic Americans o Native Americans o Asian Pacific Americans o Asian Indian Americans D Hasidic Jewish Americans 8. Certification of Eligibility Under the Davis-Bacon Act: (applicable to construction contracts exceeding $2,000) a. By the submission of this bid, the bidder certifies that neither it nor any person or firm who has an interest in the bidder's firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1 ). b. No part of the contract resulting from this solicitation shall be subcontracted to any person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001. 9. Certification of Non-Segregated Facilities (applicable to contracts exceeding $10,000) a. The bidder's attention is called to the clause entitled Equal Employment Opportunity of the General Conditions of the Contract for Construction. b. "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise. . c. By the submission of this bid, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their seNices at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Employment Opportunity clause in the contract. Page 104-5 I I I 'I I I I I I I I I I I I I I I I AHCDD Form 104 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS IFB#: COSG #04071 11. Bidder's Signature: This form must be submitted with the bid with all information completed. The bidder hereby certifies that the information contained in these certifications and representations is accurate, complete, and current. Failure to submit this certification. properly completed and executed will render the tidernon-res nsive. (Sign e and tel &4 r~ (, ""'.16.a-r-!a)::~ (Typed or Printe ; Name) - p~~ (Title) .. TImberlake Outdoors, Inc. (Company Name)f200 Cedar Grove Ra. Buckhead, GA 30625 (Company Address) Page 104-7 I I I I I I I I I I I I I I I I I I I AHCDDForrn 105 (Rev, 10/06) AUGUSTA HOUSING & COMMUNITY .-.."""'............'-"'.,.., . .....,....'"""..~'""" ....... ",.,.."W..y.,-,I't;11 i DEVELOPMENTDEPA~TMENT CERTIFICATION FOR BUSINESS CONCER S SEEKING SECTION 3 PREFERENCE IN CONTRACTING AND DEMO STRATION OF CAPABILITY CDBG #04071 u-,.. ,u. IFB #: Name of Business: Address of Business: .., Attached is the foil For business claiming status as a Se D Copy of resident lease D Copy of evidenc~ of participation i a public assi For the business entity (as applicab ): D Copy of Articles of Incorporation / D Certificate of Good Standing D Assumed Business Name Certificate D Partnership Agreement D List of Owners/Stockholders and % of each D Corporation Annual Report D Organization chart with names and titles and brief functional statement D Latest Board minutes appointing officers D Additional documentation For business claiming Section 3 status by subcontracting 25 percent of the dollar awarded to qualified Section 3 business: D List of subcontracted Section 3 business with corresponding certifications & subcontract amount For business claiming Section 3 status, claiming at least 30 percent of their workforce are currently Section 3 residents, or were Section 3 eligible residents within 3 years of date of first employment with the business: D List of all current full time employees D List of all employees claiming Section 3 status D Residential lease (less than 3 years from day of employment) D Other evidence of Section 3 status (less than 3 years from date of employment) Evidence of ability to perform successfully under the terms and conditions of the proposed contract: D Current financial statement D List of owned equipment D Statement of ability to comply with pUblic policy D List of all contracts for the past two years (Corporate Seal) (Authorizing Official Name - Print) (Authorizing Official ~ Signature) Attested by: Name (Print): Page 105-1 I I I I I I I I I I I I I I I I I I I AHCDD Form 106 (Rev. 10106) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT NON-COLLUSION AFFIDAVIT IFB#: COBG #04071 1. FIRM NAME AND ADDRESS: 2. SPECIFY TYPE OF OWNERSHIP: Sole Proprietor ~ MBE Partnership SBE . Professional Corp. WBE Corporation GA Business License #: TELEPHONE: ~ '0 if "' 1/ :J - b ,,/1 R.. 3. NAMES OF ALL INDNIDUALS HAVING MORE THAN 3% INTEREST IN COMPANY: Name Title ~~_. ~~ By submission of this bid or proposal, each Vendor and each person signing on behalf of any Vendor certifies, and, in the case of a joint bid or offer, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief: 1. The prices in this quotation have been arrived at independently without collusion, consultation, communications, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/offeror or with any competitor; 2. Unless otherwise required by law, the prices which have been offered in this bid/offer have not been knowingly disclosed by the bidder/offeror and will not knowingly be disclosed by the bidder/offeror, directly or indirectly to any other bidder/offeror or to any competitor; 3. No attempt has been made or will be made by the bidder/offeror to include any other person, partnership or corporation to submit or not to submit a bid/offer for the purpose of restricting competition and, 4. No employee of the City of Augusta or any elected or appointed official has received or will receive any payment or any other form of financial compensation from the bidder/offeror as a result of award of a contract or promise of award to the bidder/offeror. Note: Failure to submit this affidavit by the date specified in this solicitation may render the bid non~ responsive. No contract award will be made without a properly executed affidavit. Name: Title: Date: Date: Subscribed and sworn to before me this d~ ,2oKl My C~~ission expires 'V J2 (SEAL) I I I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT BIDDERS QUALIFICATIONS AHCDD Form 107 (Rev. 10106) IFB #: CDBG #04071 All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary add separate sheets for items requiring additional explanation. This information may be submitted in a separate sealed envelope marked "Bidder's Qualifications and Financial Statement". In the event your bid is not selected for award, this envelope will be returned to the Contractor unopened. 1. Name of Bidder: 2. Date Company Organized: ICf .') 5 3. Permanent main ~!ake'Outdoors, Inc. 1200 Cedar Grove Rd. Buckhead, GA 30625 4. State incorporated G-e-o 0 ;'~..... 5. How many years ha you been engaged in the contracting business under your present firm name? (f 6. Listing of current contracts: (Schedule these, showing nature of the work, gross amount of each contract, anticipated dates for completion, name and telephone number of owner's representative). 7. General character of work usually performed by your company. -r.-; 5 kU d-.f ,- bI-, 0 --t ,€...C..-r e=b . en" ~~ r '>'1.""- n-f 8. Have you ever failed to complete any work awarded to you? If so, where and why? No 9. Have you ever defaulted on a contract? If so, where and why? !~ () 10. List the three (3) most important structures recently completed by your company, stating approximate cost of each, month and year completed, name and telephone number of owner's representative. Page 107.1 I 'I I I I I I I I I 'I ftt'-".-h, . ?1~;'v..J/~ uk 1:5' A dd 0{ 1-30-15 I 13 l\'o-{JJl f"JL>-yvk,-MtlY';eJ &rd-kr;'e-- 7?tJ -fb'3-- fA?~i --rev/ :$ I 5 r-e-ll~-1/).<J)~~ a/5 + J1P__ Su~s4/ -b..'dj)~ '/A.{lU;+ CYbid'1 <z . e r-f: ( YIA- -+ b crnll \ C;Y'Y'-12-i1- t-J e e AHCDD Form 107 (Rev. 10/06) AUGUSTA HOUSING & COMMUNITY . DEVELOPMENT DEPARTMENT BIDDERS QUALIFICATIONS COBG #04071 IFB#: 11 L' t . IS your major equipment available for use on this contract. ~. 12 Ex' . . penence In construction work similar in scope to this project. Y'"'> 13. Background and experie f th " _ nce 0 e pnnclpal members of your firm, including the officers and proposed construct. Ion . supenntendent. -5" 4/''''''.1 <!Z. l'VP <.r: -- Ce.... rf/ ~). '...:J I r~ v T', L- r ~~1~~ . ; J') Sf e..L:- -ft1(" - X hLJ:..V'(2.. -P~Md I h GC ( l f 5"1 C- D?-urv-f. / L!.-5 i 11 G-i; ........---.. :J 5~fe.1) ,,-'--5 "L rn<-rr/ e..-f&Y'sAip ,llj 1'110 I [IG1l :<,~I'-t/CA/t:'d)5' 4:.V''L I M/! P >!'-UC~ J.e - LU .e-- It <LV I" LLrrrbX ~r~oo rrwd~c-f5 +l)~ Lv A lb ,'P/}..r--k:) J)tZfJt. <;~-f~-trr \...V Dr k 14. Credit available for administration of this contract (furnish written evidence.) . Page 107-2 I I I I I I AHCDD Form 107 (Rev. 10106) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT BIDDERS QUALIFICATIONS IFB #: CDBG #04071 I 15. Financial report not more than three (3) months old and containing a balance sheet providing at least the following information. I BALANCE SHEET ASSETS I CURRENT ASSETS: Cash ')J-, DOO'J pO Joint Venture Accounts Accounts Receivable <16 (;POD F,' of:> Notes Receivable ( Accrued Interest on Notes Deposits Material and Prepaid Expense Total Current Assets FIXED ASSETS. NET OTHER ASSETS ~w r !'I'j..,e-1ct ~P' f;, /)'70 ,Ou TOTAL ASSETS: .$' /11. I C)CJt); DO I I I LIABILITIES AND CAPITAL I CURRENT LIABILITIES Accounts Payable Notes Payable f..J- 5'/;; 0 Accrued Interest on ~otes Provision for Income Taxes .~ " DO I.") #. b 6 Advances Received from Owners Accrued Salaries Accrued Payroll Taxes Other. J. Total Current Liabilities f Ail Pbf.) . t':' 0 OTHER LIABILITIES CAPITAL Capital Stock Authorized and Outstanding Shares. Par Value Earned Surplus I I I I TOTAL LIABILITIES AND CAPITAL I ~ql oDD, lib I . reby authorizes and requests any person. firm, or corporation to furnish any information requested by the City's Augusta Housing & pment Departme t in verification of the recitals comprising this Statement of Bidder's Qualifications. I Date I State of C--:> A } ss. County of G v0 I I\J I-J f.\'\ ) (~A ~'i '" I m (l,BZ- LA\c ~ being duly sworn deposes and says that he is \" i,''Y) \x I{ \0..\..:. e Ou~cY!JlI,> ~ \'\:C. and that the answers to the foregoing questi correct. ( J~ Sworn to before me this.z day of \\ LJ..C , 20 t ') ) I I I Page 107-3 I I I I I I I I I I I I I I I I I I I ~ ':;,'~'" .~ CONFLICT OF INTEREST: It shall be unethical for any City of August:2 business or participant directly or indirectly in a procurement contract when the employee or official knows that: (a) the employee or official or any member of the employee's or official's immediate family has a substantial interest or financial interest pertaining to the procurement contract, except that the purchase of goods and services from businesses which a member of the Commission or other City of August:2 employee has a financial interest is authorized as per O.e.G.A. 36- 1 -14, or the procurement contract is awarded pursuant to a.e.G.A. 45-10-22 and 45-10-24, or the transaction is excepted from said restrictions by O.e.G.A. 45-10-25; (b) Any other person, business, or organization with whom the employee or official of any member of an employee's or officials immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract. Any employee or official or any member of an employee's or official immediate family who holds a substantial interest or financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that substantial interest or financial interest. !, (v.ndor) ~ P1 ---r;)lA be-.,r-/ ~k -e. h"e read and understand the lltfonnatioD contained in the bid specificTfftIberlake Outdoors) Inc.. Vendor Name: l2OO-Gedar Grove &tl Address: ~ead5 GA ~5 City & State: Pho~e #: /IDlt 1/1 S - C) J;1?d-. Fax # c%~ "'75~ - ) ') f/ ;)- Signature: o~ J. ~~~ Date: BidltemNum62andAe: 0:7 -'177 l5e-l-{h:/;~-;:J71 &--d?; THIS FORM MUST BE SUBMITTED WITH BID PACKAGE. NO EXCEPTIONeS) WILL BE GRANTED I I I I I I I I . I I I I I I I I I I I I W AIS Document Retrieval WftGE j)EC/SION 11)<6 I General Decision Number: GA070002 02/09/2007 GA2 I Superseded General Decision Number: GA20030002 State: Georgia I Construction Type: Building County: Richmond County in Georgia. I BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) I Modification Number o Publication Date 02/09/2007 I SUGA2000-001 03/24/2000 I Rates Fringes Acoustical Ceiling Mechanic....$ 13.60 2.01 I Block Mason.. . . . . . . . . . . . . . . . . . . $ 16.00 Bricklayer..... ......... .... ...$ 12.21 I Carpenter (does not include acoustical ceiling installation, automatic door installation, awning installation, batt and blown insulation, bin and shelf installation, .concrete form work, decking, drapery installation, drywall finishing, drywall hanging, or partition installation).. ...$ 12.14 I I I I Carpenters: CONCRETE FORM WORK ONLY.. ...$ 12.00 METAL FRAME WORK.... ..... ...$ 13.01 I Caulker........................$ 9.00 Cement Mason...................$ 11.79 I Drywall Finisher...............$ 13.07 Drywall Hanger.................$ 13.60 I Electrician (does not include low voltage computer wiring, or instrumentation work). .........$ 15.97 3.72 I I Page 108.1 I W AIS Document Retrieval I bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. I ---------------------------------------------------------------- I WAGE DETERMINATION APPEALS PROCESS I 1.) Has there been an initial decision in the matter? This can be: I * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling I On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. I I With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: I Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 I I 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1. 8 and 29 CFRPart 7). Write to: I Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 I I The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor consid~rs relevant to the issue. I 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: I Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. I I Page 108-3 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I AHCDD Form 109 (Rev. 10106) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT LIST OF DRAWINGS List of Project Drawings Bound Within the Bid Package IFB#: CDBG #04071 List of Schedules, Tables, and Details Bound Within the Bid Package List of Project Drawings Furnished With the Bid Package GO.1 . INDEX A1.1 DEMOLITION AND NEW PLAYGROUND PLAN List of Schedules, Tables, and Details Furnished Separately With the Bid Package Page 109.1. I I I I I I I I I I I I I I I I I I I I I AHCDD Form 110 (Rev. 10/06) I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CERTIFICATE AS TO CORPORATE PRINCIPAL IFB#: COBG #04071 For bidding corporation, the following certification must be made by Secretary of the corporation named as Principal in bond, attached to the Bid Bond and submitted with the bid. I, corporation named as Principal in the within bond. , certify that I am the Secretary of the I I I I I I I I I I I I I I That , who signed the bond on. behalf of the Principal, was then the of said corporation; that I know his/her signature, and. his/her signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. . Signature of Secretary of the Corporation Name of Secretary of the Corporation Date Corporate Seal Page 110-1 I I I I I I I I I I I I I I I I I I I - I I I I TO: I I I I I I I I I I I I I I I AHCDD Form 115 (Rev. 10106) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT NOTICE OF AWARD Mr. Gary Timberlake Timberlake Outdoors, Inc. 1200 Cedar Grove Road Buckhead, GA 30625 PROJECT DESCRIPTION: New Bethlehem Center Improvements 1336 Conklin Avenue Augusta, GA 30901 The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated AUQust 6.2007, and Instruction for Bidders. You are hereby notified that your BID has been accepted for items in the amount of SixtY-EiQht Thousand, Nine Hundred Sixty-Six dollars and Fifty Seven Cents ($68.966.57). You are required by the Instructions for Bidders to execute the Agreement and furnish the required Contractor's Performance Bond and Payment Bond within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said bonds within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of the NOTICE OF AWARD to the OWNER. Dated this 10th day of September. 2007. A~RGIA By:~ .... Chester A. Wheeler, III ACCEPTANCE OF NOTICE: By: . I I I I I I I I I I I I I I I I I I I '1 , -I I I I I I I I I I I I I I I I I I CC(Q)lPi AHCDD Form 401 {Rev. 5/2007) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONSTRUCTION CONTRACT Project #: COSG #04071 THIS AGREEMENT made this 10th day of September in the year 2007, by and between awarded Contractor, TIMBERLAKE OUTDOORS. INC.. (a legal entity), organized under the State of Georgia, hereinafter called the "Contractor," and AUGUSTA,. GEORGIA, (a political subdivision of the State of Georgia), through its AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT, herein called the "Owner" and NEW BETHLEHEM COMMUNITY CENTER. INC., hereinafter called the "Grant Subrecipient. WITNESSETH, that the Contractor, Owner and Grant Subrecipeint for the consideration stated herein, mutually agree .as follows: ARTICLE I Statement/Scope of Work. The Contractor shall furnish all labor, material, equipment, and services and perform and complete all work required for the construction of Proiect No. 04071, in strict accordance with "the plans, specifications and - drawings for this project developed by 2KM, as architects. Numbered 07-08.04, dated June 29,2007. Said documents being incorporated herein by reference and made a part hereof. ARTICLE II Contract Price. The Augusta, Georgia Housing & Community Development Department, Owner, shall pay the Contractor for the performance of the Contract, in current funds, subject to additions and deductions as provided in the specifications for completed work meeting the requirements of the Contract Documents, the sum of: Sixty-Eiaht Thousand Nine Hundred Sixty-Six Dollars and Fifty-Seven Cents ($68.966.57). Said contract price being paid as draws against the contract price and deducting from each draw 10% as retainage. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the OWNER and to fully complete the project within ~ consecutive calendar days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $100 for each consecutive calendar day thereafter as hereinafter provided in Paragraph "9" of the General Conditions. ! ARTICLEIIII Contractor agrees that time is of the essence in the completion of the work in the time required by this contract and hereby waives any formal notice of defa81t for failure to complete the work of any of its component parts on time. Page 401-1 r - I I I I I I I I I I I I I I I I' I I I AHCDD Form 401 (Rev. 5/2007) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONSTRUCTION CONTRACT Project #: COBG #04071 ARTICLE IV Contract Documents. The contract documents consist of the following: (a) This Contract (b) General Conditions (c) Special/Supplemental Conditions (d) Technical Specifications (e) Drawings; and (f) Power of Attorney granted by the Augusta-Richmond County Commission to Chester A. Wheeler, III, so long as he is employed by Augusta, Georgia as the Director of the Augusta Housing and Community Development Department. ARTICLE V Special Stipulations. The following provisions shall control if in conflict with any of the foregoing terms of this contract. In the event that any provision or any other component part of this Contract conflicts with any provision of any other component part, the provision of the component part first enumerated in the ARTICLE IV shall govern, except as otherwise specially stated. The various provisions in the Addendum shall be construed in the order of the preference of the component part of the Contract which each modifies. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed by and through their authorized representative in four (4) original counterparts as of the day and year first above written. ATTEST: AUQusta. GeorQia Owner ...t'~~~F~~~~~~6~~::'~~" .''':J"'' ,,"'" 'I..J' ~:ll. '~""...-:'i;t;~~~~~-),-'{'.;: clio _"(~ ,{<. '''", E A L '" ~. 'iI l~'::<:", . \\:. .~~\ ~~l F' '.: " ~ ..'!. (} fr v;: ;,~-) 't ~ '.'1 (' . :; ~ ~~ ,...~ ~. r.. (\"j I'.}, .;' liI' ~ .~, (d>~ /, ~ t!1 ~~~ (Witness) Page 401-2 I . I AHCDD Form 401 (Rev. 5/2007) I I I I I I I I I I I I I I I I I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONSTRUCTION CONTRACT Project #: COBG #04071 ATTEST: Timberlake Outdoors, Inc. SEAL BY: lL.k~ t~~ Vada Timb ake As its Secretary This contract is entered into by and through its authorized agents: ~ Chester A. Wheeler, III Director AHCDD ,. -- Approved as to form by: Frederick"L. Russell City Administrator Stephen E. Shepard As Its CityAttorney Page 401-3 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS CDBG #04071 Project #: 1. Definitions. A. "Architect" means the person or other entity engaged by the Owner or Gra-nt Recipient to perform architectural, engineering, design, and other services related to the work as provided for in the contract. When AHCDD uses an engineer to act in this capacity, the terms "architect" and "engineer" shall be synonymous. The Architect shall serve as a technical representative of the Owner and the Grant Recipient. The Architect's authority is as set forth elsewhere in this contract. B. "Contract" means the contract entered into between Owner, Grant Recipient and the Contractor. It includes the forms of-Bid, the Bid Bond, the Performance and Payment Bond or Bonds or other assurance of completion, the Certifications, Representations, and Other Statements of Bidders, these General Conditions of the Construction Contract, the applicable wage rate determinations from either the U.S. Department of Labor or HUD, and any Supplemental and Special conditions included in the contract, the Notice to Proceed, the drawings and specifications, and the work write up. It includes all formal changes to any of those documents by addendum, change order, or other modification The Contract, including all referenced documents, constitutes the entire agreement between the parties. No agent, representative, employee or officer of either Owner, the Grant Recipient, or the Contractor has authority to make any statement, agreement or representation, oral or written, in connection with the Contract, which in any way can be deemed to modify, add to or detract from, or otherwise change or alter its terms and conditions. No negotiations between the parties, nor any custom or usage, shall be permitted to modify or contradict any of the terms and conditions of the Contract. No modifications, alterations, changes, or waiver to the Contract or any of its terms shall be valid or binding unless accomplished by a written amendment signed by all parties. All such amendments will be made using the appropriate Owner form. C. "Contractor" means the person or other entity entering into the contract with the Owner and the Grant Recipient to perform all of the work required under the contract. " D. "Drawings" means the drawings enumerated in the schedule of drawings contained in the Specifications and as described in the contract clause entitled "Specifications and Drawings for Construction" herein. E. "AHCDD" means the Augusta Housing and Community Development Department. The Owner's AHCDD provides financial assistance to an eligible Grant Recipient, which includes assistance in financing the work to be performed under this contract. As defined elsewhere in these General Conditions or the contract documents, the determination of AHCDD is required to authorize changes in the work or for release of funds for payment to the Contractor. Notwithstanding AHCDD's role, nothing in this contract shaH be construed to create" any contractual relationship between the Contractor and Owner. F. "AHCDD Rehabilitation Inspector" means the person or persons delegated the authority by Owner's AHCDD to execute, administer, and/or terminate this contract. The term includes any_ successor AHCDD Rehabilitation Inspector. The Owner's AHCDD shall be deemed an authorized agent of the Grant Recipient in all dealings with the Contractor. G. "Grant Recipient" is th"e person or organization identified as such in the Construction Contract. The term Grant Recipient means the Grant Recipient or his authorized representative. H. "Project" means the entire project, whether construction or rehabilitation, the work for which is provided for in whole or in part under this contract. I. "Specifications" means the written description of the technical requirements for construction and includes the criteria and tests for determining whether the requirements are met. J. 'Testing Laboratory" An independent entity engaged to perform specific inspections or tests of the work, either at the project site or elsewhere; and to report and, if required, interpret results of those inspections or tests_ Page 402-1 I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS ~roject #: COSG #04071 requested by Owner's AHCDD, may provide direction on contract performance. Such direction shall be within the scope of the contract and may not be of a nature which: (1.) Institutes additional work outside the scope of the contract; (2.) Constitutes a change as defined in the "Changes" clause of this contract; (3.) Causes an increase or decrease in the cost of the contract; (4.) Alters the Construction Progress Schedule; or (5.) Changes any of the other express terms or conditions of the contract. C. The Architect's duties and responsibilities may include but shall not be limited to: (1.) Making periodic visits to the work site, and on the basis of on-site inspections, issuing written reports to Owner's AHCDD, which shall include all observed deficiencies. The Architect shall file a copy of the report with the Contractor's designated representative at the site; (2.) Making modifications in drawings and technical specifications and assisting Owner's AHCDD in the preparation of change orders and other contract modifications for issuance by Owner's AHCDD; (3.) Reviewing and making recommendations with respect to: (4.) the Contractor's construction progress schedules; (5.) the Contractor's shop and detailed drawings; (6.) the machinery, mechanical and other equipment and materials or other articles proposed for use by the Contractor. (7.) Assisting in inspections, signing Certificates of Completion, and making recommendations regarding acceptance of work completed under the contract. 4. Other Contracts: The Owner's AHCDD or the Grant Recipient may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by Owner's AHCDD. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor. . .... . Page 402~3 1 1 I I 1 I I I I I 1 I 1-> I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: . COBG #04071 B. The Contractor acknowledges that he is satisfied as to the character, quality, and quantity of surface and sub-surface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by Owner's AHCDD, as well as from any drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or from proceeding to successfully perform the work without additional expense to Owner's AHCDD or the Grant Recipient. C. . Owner's AHCDD assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by Owner's AHCDD. Nor does Owner's AHCDD assume responsibility for any understanding reached or representation made concerning conditions that can affect the work by any of: its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract. 4. Differing Site Conditions. A. The Contractor shall, within two (2) business days of discovery, and before the conditions are disturbed, give a written notice to Owner and the Architect of: (1.) subsurface or latent physical conditions at the site which differ from those indicated in this contract; or (2.) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract. B. Owner's AHCDD and the Architect shall investigate the site conditions promptly after receiving the notice. Work shall not proceed at the affected site, except at the Contractor's risk, until Owner's AHCDD has provided written instructions to the Contractor. If the conditions materially differ and cause an increase or decrease in the Contractor's cost or the time required for performing any part of the work' under this contract, whether or not changed as a result of the conditions, Owner's AHCDD will make an equitable adjustment in the contract price, the delivery schedule, or both under this clause and the contract modified in writing accordingly. C. No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contracto~ has given the written notice required; provided, that the time prescribed above for giving written notice may be extended by Owner's AHCDD. D. No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract. 5. Specifications and Drawings for Construction. A. The Contractor shall keep on the work site a copy of the drawings and specifications and at all times give access to Owner's AHCDD and the Architect. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall pe promptly submitted to the Architect, who will make a determination in writing. Any adjustment by the Contractor without such a determination shall beat its own risk and expense. The Architect shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided. B. Where in the specifications or drawings the words "directed"., "required", "ordered", "designated", "prescribed", or like words are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription", of Owner's AHCDD is intended. Similarly the words "approved," "acceptable," Page 402-5 I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #04071 K. The Contractor shall provide with each submittal for approval a certificate attesting that the products or materials to be supplied are: (1.) currently and readily available; (2.) not obsolete or discontinued; and (3.) not to be discontinued or deleted from the supplier or manufacturers stock within the next calendar year. . L. Layouts and Floor Plans provided by Owner's AHCDD are diagrammatic only and are intended to illustrate the general intentions of Owner's AHCDD only. They do not show all the work required, exact dimensions, or construction details. 6. As.Built Drawings. A. "As-built drawings," as used in this clause, means drawings submitted by the Contractor or subcontractor at any tier to show the construction of a particular structure or work as actually completed under the contract. "As-built drawings" shall be synonymous with "Record drawings." B. Within 5 days of notification of substantial completion, the Contractor shall provide the Architect accurate information to be used in the preparation of permanent as-built drawings. For this purpose, the Contractor shall record on one set of contract drawings all changes from the installations originally indicated, and record. final locations of underground lines by depth from finish grade and by accurate horizontal offset distances to permanent surface improvements such as buildings, curbs, or edges of walks. No final payment will'be made to the contractor until the Architect has received accurate information to be used in the preparation of permanent as-built drawings. . c. This clause shall be included in all subcontracts. It shall be the responsibility of the Contractor to ensure that all as-built drawings prepared by subcontractors are submitted to the Architect. 7. Material and Workmanship. A. All equipment, material, and articles furnished under this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the contract to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as Iimitiil9 competition. The Contractor may use any equipment, material, article, or process that, in the judgment of, and as approved by Owner's AHCDD and the Architect, is equal to that named in the specifications, unless otherwise specifically provided in this contract. B. Approval of equipment and materials: (1.) The Contractor shall obtain Owner's AHCDD and Architect approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Architect the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by Owner's AHCDD, the Contractor shall also obtain Owner's AHCDD and Architect approval of the material or articles that the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (2.) When required by the specifications or Owner's AHCDD, the Contractor shall submit appropriately marked samples (and certificates related to them) for approval at the Contractor's expense, with all Page 402.7 I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05107) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COBG #04071 (3.) Certificates shall be submitted in triplicate, describing each sample submitted for approval and certifying that the material, equipment, or accessory complies with contract requirements. The certificates shall include the name and brand of the product, name of manufacturer, and the location where produced. C. Approval of a sample shall not constitute a waiver of Owner's AHCDD or the Grant Recipient's right to demand full compliance with contract requirements. Materials, equipment, and accessories may be rejected for cause even though samples have been approved. D. Wherever materials are required to comply with recognized standards or specifications, such specifications shall be accepted as establishing the technical qualities and testing methods, but shall not govern the number of tests required to be made nor modify other contract requirements. Owner's AHCDD may require laboratory test reports on items submitted for approval or may approve materials on the basis of data submitted in certificates with samples. Check tests will be made on materials delivered for use only as frequently as Owner's AHCDD determines necessary to insure compliance of materials with the specifications. The Contractor will assume all costs of re-testing materials that fail to meet contract requirements and/or testing materials offered in substitution for those found deficient. E. After approval, samples will be kept on the job site until completion of work. They may be built into the work after a substantial quantity of the materials they represent has been built in and accepted. F. Prohibition against use of lead-based paint. The Contractor shall comply with the prohibition against the use of lead-based paint contained in the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) as implemented by 24 CFR Part 35. 8. Permits, Licenses, and Codes. A. The Contractor shall give all notices and comply with applicable laws, ordinances, codes, rules, and regulations. Notwithstanding the requirement of the Contractor to comply with the drawings and specifications in the contract, work shall comply with all applicable codes and regulations as amended by any waivers. Before beginning the work, the contractor shall examine the drawings and specifications for compliance with all applicable ordinances and codes bearing on the work and shall immediately report any discrepancy it may discover to Owner's AHCDD and the Architect. Where requirements of the drawings and specifications fail to comply with such applicable ordinances or codes for the new or replaced work, Owner's AHCDD will adjust the contract by change order pursuant to the clause entitled "Changes" herein to conform . tCLsuch ordinances or codes, unless waivers in writing covering the difference have been granted by proper authority. B. The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution and completion of the work, whether or not covered by the specifications and drawings for the work. 9. Health, Safety, and Accident Prevention. A. In performing this contract, the Contractor shall: (1.) Ensure that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and/or safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation; (2.) Protect the lives, health, and safety of other persons; (3.) Prevent damage to property, materials, supplies, and equipment; and, (4.) Avoid work interruptions. Page 402~9 I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COBG #04071 contract, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by Owner's AHCDD. C. The Contractor shall protect from damage all existing improvements and utilities at or near the work site or on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. Prior to disturbing the ground at the construction site, the Contractor shall ensure that all underground utility lines are clearly marked. ' D. The Contractor shall shore up, brace, underpin, secure, and protect as necessary all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be affected by the excavations or other operations connected with the construction of the project. E. Any equipment temporarily removed as a result of work under this contract shall be protected, cleaned, and replaced in the same condition as at the time of award of this contract. . F. New work, which connects to existing work, shall correspond in all respects with that to which it connects and/or be similar to existing work unless otherwise required by the specifications. G. No structural members shall be altered or in any way weakened without the written authorization of Owner's AHCDD and the Architect, unless such work is clearly specified in the plans or specifications. H. If the removal of the existing work exposes discolored or unfinished surfaces, or work out of alignment, such surfaces shall be refinished, or the material replaced as necessary to make the continuous work uniform and harmonious. This, however, shall not be construed to require the refinishing or reconstruction of dissimilar finishes previously exposed, or finished surfaces in good condition, but in different planes or on different levels when brought together by the removal of intervening work, unless such refinishing or reconstruction is specified in the plans or specifications. I. The Contractor shall give all required notices to any adjoining or adjacent property Grant Recipient or other party before the commencement of any work. J. The Contractor shall indemnify and save harmless Owner's AHCDD, the Architect, and the Grant Recipient from any damages on account of settlement or the loss of lateral support of adjoining property, any damages from changes in topography affecting drainage, and from all loss or expense and all damages for which Owner's AHCDD, the Architect, or the Grant Recipient may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. K. The Contractor will repair any damage to vegetation, structures, equipment, utilities, or improvements, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to . repa.ir..,!l}@'?~amage pro!1lptly, Owner's AHCDD may have the necessary work performed and charge the Cost.. to the Contractor. 13. Temporary Buildings and Transportation of Materials. A. Temporary buildings (e.g., storage sheds, shops, offices, sanitary facilities) and utilities may be erected by the Contractor only with the approval of Owner's AHCDD and the Grant Recipient and shall be built with labor and materials furnished by the Contractor without expense to Owner's AHCDD or the Grant Recipient. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed at the Contractor's expense upon completion of the work. With the written consent of Owner's AHCDD and the Grant Recipient, the buildings and utilities may be abandoned and need not be removed. B. The Contractor shall, as directed by Owner's AHCDD, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by Owner's AHCDD. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any federal, state, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads. Page 402-11 I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COSG #04071 C. Owner's AHCDD and Architect inspections and tests are for the benefit of Owner's AHCDD and the Grant Recipient and do not: (1.) relieve the Contractor of responsibility for providing adequate quality control measures; (2.) relieve the Contractor of responsibility for loss or damaged material before acceptance; (3.) constitute or imply acceptance; or, (4.) affect the continuing rights of the Grant Recipient after acceptance of the completed work under paragraph J below. D. The presence or absence of Owner's AHCDD or the Architect does not relieve the Contractor from any contract requirement, nor is he authorized to change any term or condition of the specifications without Owner's AHCDD's written authorization. AHCDD shall give all instructions and approvals with respect to the work to the Contractor. E. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by Owner's AHCDD. Owner's AHCDD may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re- inspection or retest necessary. Owner's AHCDD shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract. F. Owner's AHCDD and the Architect may conduct routine inspections of the construction site on a daily basis. G. The Contractor shall, without charge, replace or correct work found by Owner's AHCDD or the Architect not to conform to contract requirements, unless. Owner's AHCDD decides that it is in their interest or that of the Grant Recipient to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises. H. If the Contractor does not promptly replace or correct rejected work, Owner's AHCDD may: (1.) by contract or otherwise, replace or correct the work and charge the cost to the Contractor; (2.) terminate"fo'r..d~fE.l~lt the Contractor's right to proceed. I. If any work requiring inspection is covered up without approval of Owner's AHCDD, it must, if requested by Owner's AHCDD, be uncovered at the expense of the Contractor. If at any time before final acceptance of the entire work, Owner's AHCDD considers it necessary or advisable to examine work already completed by removing or tearing it out, the Contractor shall, on request, promptly furnish all necessary facilities, labor, and material. If such work is found to be defective or non-conforming in any material respect due to the fault of the Contractor or its subcontracto~s, the Contractor shall defray all the expenses of the examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the contract, Owner's AHCDD shall make an equitable adjustment to cover the cost of the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time. J. The Contractor shall notify Owner's AHCDD and the Architect as to the date when in its opinion all or a designated portion of the work will be substantially completed and ready for inspection. If Owner's AHCDD and the Architect determine that the state of preparedness is as represented, the inspection will be completed promptly. Unless otherwise specified in the contract, Owner's AHCDD shall accept, as soon as. practicable after completion and inspection, all work required by the contract or that portion of the work Owner's AHCDD and the Architect determine and designate can be accepted separately. Acceptance shall Page 402-13 I I I I I I I I- I I I .1 I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COSG #04071 E. If the Contractor fails .to remedy any failure, defect, or damage within a reasonable time after receipt of notice, AHCDD shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. F. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: (1.) obtain all warranties that would be given in normal commercial practice; (2.) require all warranties to be executed in writing, for the benefit of the Grant Recipient; and, (3.) enforce all warranties for the benefit of the Grant Recipient. G. In the eyent the Contractor's warranty under this clause has expired, the Grant Recipient may bring suit at its own expense to enforce a subcontractor, manufacturer, or supplier warranty. H. Unless a defect is caused by the negligence of the Contractor or subcontractor at any tier, the Contractor shall not be liable for the repair of any defective material furnished by the Grant Recipient, nor for the repair of any damage that results from any defect in Grant Recipient furnished material. I. Notwithstanding any provisions herein to the contrary, the establishment of the time periods in paragraphs A and C above relate only to the specific obligation of the Contractor to correct the work, and have no relationship to the time within which his obligation to comply with the contract may be soughtto be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to its obligation other than specifically to correctthe work. J. This warranty shall not limit the Grant Recipient's rights under the "Insp~ction and Acceptance of Construction" clause of this contract with respect to latent defects, gross mistakes or fraud. 19. Prohibition Against Liens. The Contractor is prohibited from placing a lien on the property of AHCDD or the City of Augusta, or it's officers or agents. This prohibition shall apply to all subcontractors at any tier and all material suppliers. ;";:,. Page 402~15 I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COSG #04071 F. Except as otherwise provided in State law, AHCDD shall retain ten (10) percent of the amount of progress payments until completion and acceptance of all work under the contract; except, that if upon completion of 50 percent of the work, AHCDD, after consulting with the Architect, determines that the Contractor's performance and progress are satisfactory, AHCDD may make the remaining payments in full for the work subsequently completed. If AHCDD and the Architect subsequently determine tha~ the Contractor's performance and progress are unsatisfactory, AHCDD shall reinstate the ten (10) percent retainage until such time as AHCDD and the Architect determine that performance and progress are satisfactory. G. AHCDD may authorize material delivered on the site and preparatory work already completed to be taken into consideration' when computing progress payments. Material delivered to the Contractor at locations other than the site may also be taken into consideration if the Contractor furnishes satisfactory evidence that: (1.) it has acquired title to such material; (2.) the material is properly stored in a bonded warehouse, storage yard, or similar suitable place as may be approved by AHCDD; (3.) the material is insured to cover its full value; and (4.) the material will be used to perform this contract. H. Before any progress payment that includes delivered material is made, the Contractor shall furnish such documentation as AHCDD may require assuring the protection of the Grant Recipient's interest in such materials. The Contractor shall remain responsible for such stored material notwithstanding the transfer of title to the Grant Recipient. I. All material and work covered by progress payments made shall, at the time of payment become the sole property of the Grant Recipient, but this shall not be construed as: (1.) relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or, (2.) waiving the right of the Grant Recipient to require the fulfillment of all of the terms of the contract. J. In the event the Contractor's work has been damaged by other contractors or persons other than employees of AHCDD, the Architect, or the Grant Recipient in the course of their employment, the Contractor shall restore such damaged work witholJt"costJo-6.HCDD or the Grant Recipient and seek redress for its damage only from those who directly caused it. .. . .. . K. AHCDD shall make the final payment due the Contractor under this contract after: (1.) completion and final'acceptance of all work; and (2.) presentation of release of all claims against AHCDD or the Grant Recipient arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. Each such exception shall embrace no more than one claim, the basis and scope of which shall be clearly defined. L. The amounts for such excepted claims shall not be included in the request for final payment. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned. M. Prior to making any payment, AHCDD may require the Contractor to furnish receipts or other evidence of payment from all persons performing work and supplying material to the Contractor, if AHCDD determines such evidence is necessary to substantiate claimed costs. Page 402-17 I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #04071 D. If any change under this clause causes an increase or decrease in the Contractor's cost or the time required for the performance of any of the work under this contract, whether or not changed by any such order, AHCDD shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no proposal for any change under paragraph B above shall be allowed for any costs incurred more than 20 days (5 days for oral orders) before the Contractor gives written notice as required. In the case of defective specifications for which AHCDD or the Architect is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications. E. The Contractor must assert its right to an adjustment under this clause within 30 days after: (1.) receipt of a written change order under paragraph A of this clause; or (2.) the furnishing of a written notice under paragraph B of this clause, by submitting a written statement describing the general nature and the amount of the proposal. F. If the facts justify it, AHCDD may extend the period for submission. The proposal may be included in the notice required under paragraph B above. No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract. G. The Contractor's written proposal for equitable adjustment shall be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the contract in at least the following details: (1.) Direct Costs. Materials (list individual items, the quantity and unit cost of each, and the aggregate cost); Transportation and delivery costs associated with materials; Labor breakdowns by hours or unit costs (identified with specific work to be performed); Construction equipment exclusively necessary for the change; Costs of preparation and/or revision to shop drawings resulting from the change; Worker's Compensation and Public Liability Insurance; Employment taxes under FICA and FUTA; and, Bond Costs - when size of change warrants revision. (2.) Indirect Costs. Indirect costs may include overhead, general and administrative expenses, and fringe benefits not normally treated as direct costs. (3.) Profit. The amount of profit shall be negotiated and may vary according to the nature, extent, and complexity of the work required by the change. H. The allowability of the direct and indirect costs shall be determined in accordance with the Contract Cost Principles and Procedures for Commercial Firms in Part 31 of the Federal Acquisition Regulation (48 CFR 1- 31), as implemented by HUD HanClbook\221iil:18, in,:effect on the date of this contract. The Contractor shall not be allowed a profit on the profit received by any sub'contractor. Equitable adjustments for deleted work shall include a credit for profit and may include a credit for indirect costs. On proposals covering both increases and decreases in the amount of the contract, the application of indirect costs and profit shall be on the net-change in direct costs for the Contractor or subcontractor performing the work. I. The Contractor shall include in the proposal its request for time extension (if any), and shall include sufficient information and dates to demonstrate whether and to what extent the change will delay the completion of the contract in its entirety. J. AHCDD shalJ act on proposals within 30 days after their receipt, or notify the Contractor of the date when such action will be taken. K. Failure to reach an agreement on any proposal shall be a dispute under the clause entitled "Disputes" herein. Nothing in this clause, however, shall excuse the Contractor from proceeding with the contract as changed. L. Except in an emergency endangering life or property, no change shall be made by the Contractor without a. prior order from AHCDD. Page 402-19 I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COBG #04071 E. AHCDD's decision shall be final unless the Contractor: (1.) appeals in writing to the AHCDD Director in accordance with AHCDD's policies and procedures; (2.) refers the appeal to the County Administrator for independent mediation or arbitration in accordance with AHCDD's policies and procedures; or (3.) files suit in the Superior Court of Richmond County, Georgia. The Contractor, by executing this agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. F. Such appeal must be made within 14 days after receipt of AHCDD's decision. G. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of AHCDD. . 8. Default. A. AHCDD may declare the Contractor in default by written notice thereof to the Contractor, and terminate the whole or any part of this Contract for any of the following reasons: (1.) Failure to begin work within the time specified in the Contract or as otherwise specified; (2.) Failure to perform the work with sufficient labor, equipment, or material to insure the completion of the specified work in accordance with the Contract terms; (3.) Unsatisfactory performance of the work; (4.) Failure or refusal to remove material, or remove and replace any work rejected as defective or unsatisfactory; (5.) Discontinuance of work without approval; (6.) Failure to resume work, which has been discontinued, within a reasonable time after notice to do so; (7.) Insolvency or bankruptcy; (8.) Assignment made for the benefit of credit~&~.;.",\", (9.) Failure or refusal within 10 days after payment by AHCDD or upon written notice by AHCDD, to make payment or show cause why payment should not be made, of any amounts due for materials furnished, labor performed, equipment rentals, or utility services rendered; (10.) Failure to protect, to repair, or to make good any damage or injury to property; or (11.) Breach of any provision of this Contract. . B. In the event that AHCDD terminates this Contract in whole or in part as provided in Subparagraph A above, AHCDD may procure, upon such terms and in such manner as it determines, services similar or identical to those so terminated, and the. Contractor shall be liable to AHCDD for any reasonable excess costs for such similar or identical services included within the terminated part of the Contract. Page 402~21 I I I I I I I I I I I I' I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDB.G #04071 9. Liquidated Damages. A. If the Contractor fails to complete the" work within the time specified in the contract, or any extension, as specified in the clause entitled "Default" of this contract, the Contractor shall pay to the Grant Recipient, as liquidated damages, the sum of $100.00 for each day of delay. If different completion dates are specified in the contract for separate parts or stages of the work, the amount of liquidated damages shall be assessed on those parts or stages which are delayed. To the extent that the Contractor's delay or nonperformance is excused under another clause in this contract, liquidated damages shall not be due the Grant Recipient. The Contractor remains liable for damages caused other than by delaY. B. If AHCDD terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned AHCDD in completing the work. C. If AHCDD does not terminate the Contractor's right to ,proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted. 10. Termination for Convenience. A. AHCDD may terminate this contract in whole, or in part, whenever AHCDD determines that such termination is in the best interest of AHCDD and the Grant Recipient. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which the performance of the work under the contract is terminated, and the date upon which such termination becomes effective. B. If the performance of the work is terminated, either in whole or in part, AHCDD and the Grant Recipient shall be liable to the Contractor for reasonable and proper costs resulting from such termination upon the receipt by AHCDD of a properly presented claim setting out in detail: (1.) the total cost of the work performed to date of termination less the total amount of contract payments made to the Contractor; (2.) the cost (including reasonable profit) of settling and paying claims under subcontracts and material . orders for work performed and materials and supplies delivered to the site, payment for which has not been made by AHCDD to the Contractor or by the Contractor to the subcontractor or supplier; (3.) the cost of preserving and protecting the work already performed until the Grant Recipient or assignee takes possession thereof or assumes responsibility"ttWftefor; . (4.) the actual or estimated cost of legal and accounting services reasonably necessary 'to prepare and present the termination claim to AHCDD; and (5.) an amount constituting a reasonable profit on the value of the work performed by the Contractor. C. AHCDD will act on the Contractor's claim within 60 days of receipt of the Contractor's claim. D. Any disputes with regard to this clause are expressly made subject to the provisions of the "Disputes" clause of this contract. 11. Assignment of Contract. . A. Subject to the terms and conditions of this Contract, this Contract shall be binding upon the parties and their respective successors and assigns. B. The Contractor shall not subcontract with any person or entity to perform all or any part of the work to be performed under this Contract without the prior written consent of AHCDD, which consent may be withheld at the sole and absolute discretion of AHCDD. Page 402-23 I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDSG #04071 C. Prior to signing of the Construction Contract, the Contractor must furnish a Performance Bond and Labor and Material Payment Bond covering the faithful performance of the Contract and the payment of all obligations arising thereunder, issued at 100% of the Contract Amount for all coverages. The Performance Bond and the Labor and Material Payment Bond may be in one, or may be in separate instruments, in accordance with local law. D. The Contractor shall furnish copies of all insurance certificates to AHCDD before commencing with the work, showing evidence of coverage and naming as additional insured to the policies the Grant Recipient, including their respective Commissioners, Board Members, Officers, Agents and Employees, individually and collectively. The contractor shall not be allowed to commence work until the required certificates are provided to AHCDD. Additionally, should the insurance become ineffective or lapse during construction, AHCDD shall require the contractor to cease work until such time as the contractor submits proof of insurance in compliance with the requirements of this contract. If such suspension of work is necessary, the contractor shall not be entitled to addition time to complete the work. E. All insurance shall be carried with companies that are financially responsible and admitted to do business in the State of Georgia. If any such insurance is due to expire during the construction period, the Contractor (including subcontractors, as applicable) shall not permit the coverage to lapse and shall furnish evidence of coverage to AHCDD. All certificates of insurance, as evidence of coverage, shall provide that no coverage may be canceled or non-renewed by the insurance company until at least 30 days prior written notice has been given to AHCDD. 13. Subcontracts. A. Definitions. As used in this contract: (1.) "Subcontract" means any contract, purchase order, or other purchase agreement, including modifications and change orders to the foregoing, entered into by a subcontractor to furnish supplies, materials, equipment, and services for the performance of the prime contract or a subcontract. (2.) "Subcontractor" means any supplier, vendor, or firm that furnishes supplies, materials, equipment, and services for the performance of the prime contract or a subcontract. B. No subcontract for assignment of this contract shall be made without the written consent of AHCDD. C. The Contractor shall not enter into any subcontract with any subcontractor who has been denied participation in any AHCDD or HUD program or who has been suspended or debarred from participa~ing in contracting programs by the City of Augusta, AHCDD, HUD, or any other agency of the United States Government or of the State of Georgia. D. The Contractor shall be fully responsible for the acts or omissions of its subcontractors, and of persons either directly or indirectly employed by them as for the acts or omissions of persons directly employed by the Contractor. E. The Contractor shall insert appropriate clauses in all subcontracts to bind subcontractors to the terms and conditions of this contract insofar as they are applicable to the work of subcontractors. F. Nothing contained in this contract shall create any contractual relationship between any subcontractor and AHCDD or between any subcontractor and the Grant Recipient. Page 402-25 I I I I I I I I I I I I "I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #04071 D. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by AHCDD advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. E. The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. F. The Contractor shall furnish all information and reports required by Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of a determination that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, or Federally assisted construction contracts under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. H. The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract or purchase order as the Secretary of Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 16. Employment, Training, and Contracting Opportunities for Low-Income Persons, Section 3 of the Housing and Urban Development Act of 1968. A. The work to be performed under this contract is subject to the requirement:') of section 3 of the Housing and Urban Development Act of1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted. projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement"or other understanding, if any, a notice advising the labor organization or workers representative of the contractors commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. Page 402-27 AHCDD Form 402 (Rev. 05/07) I I I I I I I I I I I I I".<'f~. 1123. AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #04071 20. Royalties and Patents. The Contractor shall pay all royalties and license fees. It shall defend all suits or claims for infringement of any patent rights and shall save AHCDD and the Grant Recipient harmless from loss on account thereof; except that AHCDD, the Architect, and the Grant Recipient shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified and the Contractor has no reason to believe that the specified design, process, or product is an infringement. If, however, the Contractor has reason to believe that any design, process or product specified is an infringement of a patent, the Contractor shall promptly notify AHCDD. Failure to give such notice shall make the Contractor responsible for resultant loss. 21. Examination and Retention of Contractor's Records. A. AHCDD, HUD, or the Comptroller General of the United States, or any of their duly authorized. representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. B. The Contractor agrees to include in first-tier subcontracts under this contract a. clause substantially the same as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. C. The periods of access and examination in paragraphs A and B above for records relating to (1) appeals under the "Disputes" clause of this contract,. (2) litigation or settlement of claims arising from the performance of this contract, or (3) costs. and expenses of this contract to which AHCDD, HUD, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions. 22. Labor Standards - Davis-Bacon and Related Acts. I I I I I I If the total amount of this contract exceeds $2,000, the Federal labor standards set forth in the clause below shall apply to the construction work to be performed under the contract, except if the construction work has been determined to benNon-routine Maintenance" subject to the terms of that clause of this contract. Minimum Wages. A. All laborers and mechanics employed or working upon the site of the work (or, under the United States Housing Act of 1937 or under the Housing Act of 1949, in the construction or development of the project) will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b )(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1 )(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the regular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked Page 402-29 I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: COBG #04071 so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including anyapprentice, trainee, or helper, employed or working on the site of the work (or, under the United States Housing Act of 1937 or under the Housing Act of 1949, in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the Contractor, take such action as necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or'subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 24. Payrolls and basic records. A. Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or, under the United States Housing Act of 1937 or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1 )(iv), that the wages of any laborer or mechanic include the amount of costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. . . B. The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to AHCDD for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under subparagraph C (1) of this clause. This information may be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005- 00014-1) is available for this purpose and may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. . C. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1.) That the payroll for the payroll period contains the information required to be maintained under paragraph C of this clause and that such information is correct and complete; (2.) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; and (3.) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. Page 402-31 I I I I I I I I I I I I I I I I I I I AHCDD Form 402 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS Project #: CDBG #04071 determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. I. Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. J. Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract. K. Contract termination; debarment. A breach of this contract clause may be grounds for termination of the contract and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. L. Compliance with Davis-Bacon and related Act requirements. All rulings and interpretations of the Oavis- Bacon and related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. M. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this clause shall not be subject to the general dispute clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (and any of its subcontractors) and AHCOD, HUD, the U.S. Department of Labor, or the employees or their representatives. 25. Certification of eligibility. A. By entering into this contract, the Contractor certifies that heither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). B. . ..t-J9.,eart of this contract shall be subcontracted to any person or firm ineligible to be awarded contracts by the 'Un"ited States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). C. The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001. 26. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess. of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in subparagraph J (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United. States (in the case of work done under contract for the District of Columbia or a territory, to such District or to Page 402-33 I I I I I I I I I I I I I I I . I I I I I I I I I I I I I I I I I I I I I I I AHCDD Form 403 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT SUPPLEMENTAL CONDITIONS Project #: COSG #04011 1. Architect: Architectural and Engineering services for this project will be provided by: 2KM Architects. Inc. 2275 Wriqhtsboro Road. Auqusta. Georqia 30904 PH(706) 736-3333 FX(706)736-7100 2. Approved Equal: Whenever a product is defined in this invitation by trade name and catalogue number ofa manufacturer or contractor, the term "or approved equal", if not inserted therewith shall be implied. Any reference to a particular manufacturer1s product either by trade name or by limited description is solely for the purpose of more clearly indicating the minimum standard of quality desired, except where a "no substitute" is requested. When a "no substitute" is requested. the housing authority will consider bids for the referenced product only. The term "or approved equal" is defined as meaning any other make which, in the sole opinion of the Augusta Housing & Community Development Department (AHCDD), is of such character, quality and performance equivalence as to meet the standard of quality of products specified for which it is to be used equally as well as that specified. The bidder quoting on a product other than the referenced product shall furnish complete identification on. the bid form of the product he is offering by trade name, brand and/or model number. The bidder shall also furnish with his/her bid, descriptive literature and data with respect to the substitute product he proposes to furnish. Bidders offering a substitute shall also indicate any known specification deviations from the referenced product. 3. Delivery: All materials and products shall be delivered F.O.B. Destination with any delivered duty paid (DDP). The contractor agrees to bear the risk of loss, injury or destruction of products ordered which occur prior to receipt by the Grant Recipient and acceptance by AHCDD. Such loss, injury or destruction shall not release contractor from any contractual obligations. All products must be deliveredwithiQJne time period specified on the order. Time is of the essence and, in addition to. . any other remedies contained in this invitation for bid, the order is subject to termination for failure to deliver as specified. In the event of termination, AHCDD shall have the right to purchase in the open market a corresponding quantity of the products and the contractor shall be responsible for any excess cost to the Grant Recipient and AHCDD. 4. Inspection and Rejection: No product received by AHCDD shall be deemed accepted until AHCDD has had a reasonable opportunity to inspect said product. Any product, which is discovered to be defective or fails to conform to the specifications may be rejected upon initial inspection or at any later time if the defects contained in the products or the noncompliance with the specifications were not reasonably ascertainable upon the initial inspection. The decision of AHCDD shall be final. It shall thereupon become the duty of the contractor to remove rejected products from the premises without expense to AHCDD within fi.fteen (15) days notification. Rejected products left longer than fifteen (15) days will be regarded as abandoned, and AHCDD shall have the right to dispose of Page 403-1 I I I I I I I I I I I I I I I I I I I AHCDD Form 403 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT SUPPLEMENTAL CONDITIONS Project #: COBG #04071 B. if the contractor is required to enter premises owned, leased, occupied by or under the control of the Grant Recipient during the performance of this contract, the contractor shall indemnify and hold harmless both the Grant Recipient and AHCDD, its officers and employees, from any loss, cost, damage expense or liability by reason of property damage, or personal injury, including death, of whatsoever nature or kind arising out of as a result of such performance, whether arising out of actions of the contractor or any of its employees, subcontractor, and lower tier subcontractors. It is not the intention of this contract or anything herein provided to confer a third party beneficiary right or action upon any person whatsoever and nothing herein before or herein after set forth shall be construed so as to confer upon any person other than the Grant Recipient and AHCDD a right of action either under this contractor or in any manner whatsoever. 8. Taxes, Industrial Laws and Benefits. In all matters relating to this contract, the contractor shall be acting as an independent contractor. Neither the contractor nor any of the persons furnishing materials or performing work or services which are required by this contract are employees of AHCDD within the meaning of or the application of any federal, or state unemployment insurance law, or other social security, or any workmen's compensation, industrial accident law, or other industrial or labor laws. At its own expense, the contractor shall comply with such laws and assume all obligations imposed by anyone or more of such laws with respect to this contract. In addition, contractor shall be liable for the payment of all federal, state and local taxes, and any special assessments. 9. No Waiver of Conditions. Failure of AHCDD to insist on strict performance shall not constitute a waiver of any of the provisions of this contract or waiver of any default of the contractor.. 10. Severability. If any provision of this contract, or any application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this contract which can be given effect without the invalid provisions or application, and to this end the provisions of this contract are severable. Page 403-3 I I I I I I I .1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I AHCDD Form 404 (Rev. 10106) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT ADDITIONAL SUPPLEMENTAL CONDITIONS Project #: COSG #04071 1. Employment, Training, and Contracting Opportunities for Low-Income Persons, Section 3 of the Housing and Urban Development Act of 1968. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2. Employment Opportunities Generated By Section 3 Covered Assistance. All employment opportunities generated by the expenditure of Section 3 covered public and Indian housing assistance (Le., operating assistance, development assistance and modernization assistance, as described in Section 135.3(a)(1 )). With respect to Section 3 covered housing and community development assistance, this term means all employment opportunities arising in connection with Section 3 covered projects (as described in Section 135.3(a)(2)), including management and administrative jobs connected with the Section 3 covered proje"ct. Management and administrative jobs include architectural, engineering or related professional services required to prepare plans, drawings, specifications, or work write-ups;' and jobs directly related to administrative support of these activities, e.g., construction manager, relocation specialist, payroll clerk, etc. 3. Definitions: A. Section 3 resident means: (1) A public housing resident; or (2) An individual who re$ides.in the metropolitan area or non-metropolitan county in which the Section 3 covered assistance is expended, and who is: (a) A low-income person, as this term is defined in Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80% of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80% of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families; or (b) A very .Iow-income person, as this term is defined in Section 3(b )(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50% of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary Page 404-1 I I I I I I I I I I I I I I I I I I I AHCDD Form 404 (Rev. 10/06) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT ADDITIONAL SUPPLEMENTAL CONDITIONS Project #: COSG #04071 C.Facilitating the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns by undertaking activities to reach the goals set forth in Section 135.30; D. Assisting in obtaining the compliance of contractors and subcontractors with the requirements of this part, and refraining from entering into any contract with any contractor where the Owner has notice or knowledge that the contractor has been found in violation of the regulations in 24 CFR part 135; and E. Documenting actions taken to comply with the requirements of this part, the results of actions taken and impediments, if any. 5. Employment and Contracting with Residents, Resident-owned Businesses, Small and Other Businesses. . A. General. The Owner's AHCDD strongly supports a policy of contracting and providing employment opportunities with residents and resident-owned businesses. Accordingly, agencies are strongly encouraged to contract with residents and resident-owned businesses whenever possible. B. Section 3 of the HUD Act of 1968. (1) This law requires that the Owner's AHCDD make an effort to ensure that individuals or firms located in or owned in substantial part by persons residing in the area of a project are used when possible. The.regulations describing this program are in 24 CFR Part 135 and the contract form includes a clause implementing this requirement. (2) Employment and training opportunities for pre-apprentices, apprentices and other training programs for residents will assist Owner's AHCDD in meeting resident employment, training, and local contractin.~iF;,a.bjectives under Section 3.. Further guidance is provided in Federal Register Notice, dated October 6, 1992 and HUD Notice 92-01-SL (See Appendix 32). (3) HUD Handbook 8023.1, Implementing Section 3 of the Housing and Urban Development Act of 1966 provides guidance regarding compliance with Section 3. Some of the important provisions include but are not limited to the fol/owing: (a) Solicitations, regardless of the method, must advise prospective contractors of the Section 3 requirements. (b) The Section 3 contract clause must be included in aI/ covered contracts. (c) AHCDD and its contractors must make a good faith effort to provide, to the greatest extent feasible, training and employment to lower income residents of the unit of local government in connection with the work on an assisted project. In filling vacancies, AHCDD and its contractors may prominently post notices at the project site and in the AHCDD Office and may contact resident councils and resident management Page 404~3 I I I I I I I I I I I I 'I I I I I I I AHCDD Form 404 (Rev. 10/06) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT ADDITIONAL SUPPLEMENTAL CONDITIONS Project #: COSG #04071 independent cost estimate and the price that would normally be paid for comparable supplies, services, or construction in the project area. (6) Owner's AHCDD documents the procurement file and complies with all other applicable procurement requirements of 24 CFR 85.36 or 24 CFR 905. 7. Requirements of Bidders. All contractors must comply with Section 3. A bidder claiming a Section 3 preference must qualify as a Section 3 Business Concern or a Resident-owned Business. The bidder must submit the Section 3 Business Concern Certification with the bid to qualify. Additionally, each contractor must, to the greatest extent feasible, hire a Section 3 eligible resident when a new hire possibility occurs. 8. Eligibility for preference. A Section 3 resident seeking the preference in training and employment provided by this part shall certify, or submit evidence to the owner contractor or subcontractor, if requested, that the person is a Section 3 resident, as defined in Section 135.5. (An example of evidence'of eligibility for the preference is evidence of receipt of public assistance, or evidence of participation in a public assistance program.) 9. Eligibility for employment. Nothing in this part shall be construed to require the employment of a Section 3 resident who does not meet the qualifications of the position to be filled. 10. Preference in the award of Section 3 covered contracts. Preference in the award of Section 3 covered contracts that are awarded under a sealed bid process may be provided as follows: A. Bids shall be solicited from all businesses (Section 3 business concerns, and non-Section 3 business concerns). An award shall be made. to the qualified Section3 business concern with the highest priority ranking and with the lowest responsive bid if that bid: ' . (1) Is within the maximum total contract price established in the contracting party's budget for the specific project for which bids are:being taken: and (2) Is not more than "X" higher than the total bid price of the lowest responsive bid from any responsible bidder. "X" is determined as follows: I I x = Lesser of: When the lowest responsive bid is less than $100,000. 10% of that bid or $9,000. Whim the lowest responsive bid is: . At least $100,000, but less than $200,000 9% of that bid, or $16,000 At least $200,000, but less than $300,000 8% of that bid, or $21,000 At least $300,000, but less than $400,000 7% of that bid, or $24,000 At least $400,000, but less that $500,000 6% of that bid, or $25,000 At least $500,000, but less than $1 million 5% of that bid, or $40,000 At least $1 million, but less than $2 million 4% of that bid, or $60,000 At least $2 million, but less than $4 million 3% of that bid, or $80,000 At least $4 million, but less than $7 million 2% of that bid, or $105,000 Page 404-5 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2. I...~'.. , ,,:i.\! ~. i!I! . . I I .1 I I I AHCDD Form 406 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONTRACTOR REPORTING REQUIREMENTS Project #: COSG #04071 There are a variety of information submittals, form processing and report generation efforts required to award the contract and throughout the course of administering this contract. This part is intended to provide the potential bidder with a brief but thorough list of these requirements. You may request copies of reporting and documentation forms from the Owner's Augusta Housing & Community Development Department (AHCDD) during the bidding process by calling the AHCDD office at (706) 821-1797. Owner's AHCDD reserves the right to revise the reporting and documentation requirements at any time. 1. Assurance of Completion. A. The successful bidder shall furnish an assurance of completion prior to the execution of any contract. The form of assurance of completion, as defined in Instruction to Bidders, is required to be submitted five (5) days prior to the scheduled pre-construction conference. Bonds must be obtained from guarantee or surety companies acceptable to the U.S. Government and authorized to do business in the State of Georgia. Individual sureties will not be considered. B. Each bond shall clearly state the rate of premium and the total amount of premium charged. The current power of attorney for' the person who signs for the surety company must be attached to the bond. The effective date of the power of attorney shall not precede the date of the bond. The effective date of the bond shall be on or after the execution date of the contract. C. Failure by the successful bidder to obtain the required assurance of completion within the time . specified, or within such extended period as Owner's AHCDD may grant based upon reasons determined adequate by Owner's AHCDD, shall renderthe bidder ineligible for award. Owner's AHCDD may then either award the contract to the next lowest responsible bidder or solicit new bids. Owner's AHCDD may retain the ineligible bidder's bid guarantee. Pre-construction Conference. Prior to the award of a contract under this solicitation and prior to the start of work, the successful bidder will bereqGTred to attend a pre-construCtion conference with representatives of the Grant Recipient, Owner's AHCDD and its architect/engineer, and other 'interested parties convened by Owner's AHCDD. The conference will serve to acquaint the participants with the general plan of the construction operation and all other requirements of the contract (e.g., Section 3, Equal Employment Opportunity, Labor Standards). Owner's AHCDD will provide the successful bidder with the date, time, and place of the conference. The Contract shall be executed within 3 days following the completion of the Pre-construction Conference. 3. Certificates of Insurance. A. In accordance with the General Conditions, shall be submitted five (5) days prior to the scheduled pre-construction conference. The Owner and the Grant Recipient are to be added as an additionally named insured to the Contractor's Comprehensive General Liability and Automobile Liability Coverage. The amount required is not less than $1,000,000.00 per occurrence for General Liability and $500,000.00 for Automobile Liability. Page 406-1 I I I I I I I I I I I I I I I I I I I AHCDD Form 406 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONTRACTOR REPORTING REQUIREMENTS Project #: COBG #04071 B. The Contractor shall enter the actual progress on the chart as required by Owner's AHCDD, and immediately deliver three copies of the annotated schedule to Owner's AHCDD. If Owner's AHCDD, upon. the basis of inspection conducted according to the General Condition clause entitled "Inspection and Acceptance of Construction," determines that the Contractor is not meeting the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by Owner's AHCDD, without additional cost to the Owner's AHCDD.ln this circumstance, Owner's AHCDD may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the. amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as Owner's AHCDD deems necessary to demonstrate how the approved rate of progress will be regained. C. Failure of the Contractor to comply with the requirements of Owner's AHCDD under this clause shall be grounds for a determination by Owner's AHCDD that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the Contract. Upon making this determination, Owner's AHCDD may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the "Default" clause of this contract. 5. Contractor's own forces work equivalent. The Contractor shall perform on the site, and with its own forces work equivalent to at least 12% of the total amount of work to be performed under the contract. Five (5) days prior to the scheduled pre-construction conference, the Contractor shall submit a certification explaining how. the Contractor will perform at least 12% of the total amount of work. . 6. Contractor's obligation to directly superintend the work. .~'j.t,:'~ir.~?'; . :-At'all times during performance of this contract and until the work is completed and accepted, the - Contractor shall directly superintend the work or assign and have on the work site a competent superintendent who is satisfactory to Owner's AHCDD and has authority to act for the Contractor. Five (5) days prior to the scheduled pre-construction conference, the Contractor shall submit the following information for approval by Owner's AHCDD: A. Superintendent's Name B. Superintendent's Work History C. Superintendent's Education 7. Schedule of Amounts for Contract Payments. Five (5) days prior to the scheduled pre- construction conference, the Contractor shall submit a completed and executed Schedule of Amounts for Contract Payments. This form is only required to be completed once; thereafter, a Page 406-3 I I I I I I I I I I 'I I I I I I I I I AHCDD Form 406 (Rev, 05/07) AUGUSTA HOUSING & COMMUNITY , DEVELOPMENT DEPARTMENT CONTRACTOR REPORTING REQUIREMENTS Project #: COSG #04071 Required to be completed and submitted with each Pay Request, which has a completed "Schedule of Materials Stored". 6. Construction Progress Schedule. The Contractor shall enter the actual progress on the chart as compared to the originally subm,itted and approved schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring labor, materials, and equipment). 7. Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons, form HUD-60002. The Contractor is required to submit report form HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons, with each request for contract payments. Please note that this is the same report used by Owner's AHCDD to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968. 8. Shop Drawings and Test Results. A. "Shop drawings" means drawings, submitted to Owner's AHCDD or its architect by' the Contractor, subcontractor, or any lower tier subcontractor, showing in detail (1) the proposed fabrication and assembly of structural elements and (2) the installation (Le., form, fit, and attachment details) of materials of equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract. Owner's AHCDD may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. B. The Contract shall submit shop drawings and test results ,at least 15 days before the scheduled installation or work concerning the shop drawing or test results. The Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with other contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted. to Owner's AHCDD without evidence of the Contractor's approval may be returned for resubmission. Owner's AHCDD will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate Owner's AHCDD's reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by Owner's AHCDD shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract. C. The Contractor shall submit to Owner's AHCDD for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by Owner's AHCDD and one set will be returned to the Contractor. As required by Owner's AHCDD, the Contractor, upon completing the work under this contract, shall furnish a complete set of all Page 406-5 I I I I 1 1 1 I I I 1 Ii I; I I I I I I AHCDD Form 406 (Rev. 05/07) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT CONTRACTOR REPORTING REQUIREMENTS Project #: COSG #04071 Contractor shall provide full information concerning the material or articles. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. B. When required by the specifications or AHCDD, the Contractor shall submit appropriately marked samples (and certificates related to them) for approval at the Contractor's expense, with all shipping-charges pre-paid. The Contractor shall label, or otherwise properly mark on the container, the material or product represented, its place of origin, the name of the producer, the Contractor's name, and the identification of the construction project for which the material or product is intended to be used. C. Certificates shall be submitted in triplicate, describing each sample submitted for approval and certifying that the material, equipment or accessory complies with contract requirements. The certificates shall include the name and brand of the product, name of manufacturer, and the location where produced. D. Approval of a sample shall not constitute a waiver of AHCDD right to demand full compliance with contract requirements. Materials, equipment and accessories may be rejected for cause even though samples have been approved. Page 406-7 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I AHCDD Form 409 (Rev. 10/06) CONTRACT DOCUMENTS -- CONSTRUCTION Project #: NOTICE TO PROCEED COBG #04071 TO: Address PROJECT: PROJECT #: 1. You are hereby notified to commence work on the Project shown above, in accordance with the Construction Contract dated 2. You may begin work on this Project on or before , but no later than ten (10) calendar days from that date. Your company will complete all work not later than consecutive calendar days from the Start Date. The Scheduled Completion Date for this project is therefore . 3. Liquidated damages, as outlined in the contract, will begin on the day after the Scheduled Completion Date, and will continue daily until the pmject is actually completed. Authorized delays that may add additional time to the Scheduled Completion Date will be determined by Owner's AHCDD. Owner's AHCDD Director CONTRACTOR ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by By: Date: Title: Page 409-1 - I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I' I I I I I I AHCDD Form 410 (Rev. 02/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT PRE-CONSTRUCTION MEETING AGENDA Project #: COSG #04071 MEETING ATTENDANCE Date: Time: Location: Project: (PLEASE PRINT Information Below) NAME COMPANY/DEPT. POSITION PHONE FAX (Please Print Clearly), (Please Print Clearly) (Please Print Clearly) (Include Area (Include Area . Code) Code) ., ;.. .... ..," . . Page 410-1 I I I I I I I I I I 1 I "I I I I 1 I I AHCDD Form 410 (Rev. 02105) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT PRE-CONSTRUCTION MEETING AGENDA II. Responsibilities A. Contractor 1. Progress schedule 2. Permits 3. Insurance a. Certificate to Housing & Community Development Department b. Builders' Risk 4. Sub-contractors and major suppliers a. List b. Responsibilities 5. Cost breakdown for partial payments 6. Certified payrolls 7. Superintendent: 8. After hours phone number: 9. Shop drawings 10. Safety issues 11. Dig safe B. Architect: 1. Agent for Housing & Community Development Department and Owner 2. Contract administration 3. Change order recommendation 4. Materials approval 5. Project Manager a. Agent for Architect b. Work inspection c. Daily/Weekly reports d. Materials received/stored e. Job records f. Visitors g. Field decisions h. Payment and Retainage approval Page 410~3 Project #: COBG #04071 - I I 1 I I I I I I I 1 I I I 1 I I I I AHCDD Form 410 (Rev. 02105) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT PRE-CONSTRUCTION MEETING AGENDA Project #: COBG #04071 III. Site A. Special considerations 1. Parking 2. Barricades 3. Utilities lines 4. Storage 5. Toilet facilities 6. Security 7. Location of job sign 8. Other requirements: B. Property salvaged for Grant Recipient C. Protection of property not involved with work D. Temporary utilities E. Material Safety Data Sheets for hazardous materials "V. Work Schedules ",A. Contractor 1. Work hours 2. Work days 3. Special needs B. Grant Recipient 1. Conflicts with other Grant Recipient's activities 2. Other Owner issues C. Coordination Process Page 410-5 I I I I I I I I I I I I I I I I I I I I I I I I I , I ! I I I I I I I I I I I I AHCDD Form 411 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Instructions for Development of AFFIRMATIVE ACTION PROGRAM Project #: COBG #04071 REGARDING DEVELOPMENT OF AFFIRMATIVE ACTION PROGRAMS UNDER EXECUTIVE ORDER 11246 Executive Order 11246, as amended, required that construction contractors on Federally-assisted construction projects not discriminate in employment because of race, color, religion, sex, or national origin. The Executive Order further requires that these contractors "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin." An Equal Employment Opportunity Clause embracing these principles of "nondiscrimination" and "affirmative action" are required in every non-exempt federally-assisted construction contract. The Department of Housing and Urban Development, at 41 CFR, Chapter 60, Part 60-4, has issued rules and regulation, which set out, for HUD-assisted construction projects, equal employment opportunity requirements. These requirements provide that the applicant for HUD-assisted construction projects will include, or cause to be included, the equal employment opportunity clause in all non-exempt construction contracts. HUD's rules and regulations further require that each construction contractor and subcontractor, on a HUD- assisted project, comply with Title 41 CFR, Chapter 60, Part 60-4, and develop a written affirmative action compliance program. The written affirmative action plans of contractors and subcontractors are subject to review and approval by HUD and shall: 1. Identify areas of employment, employment policies, and employment practices which require actions by the contractor or subcontractor to assure equal employment opportunity to all employees without discrimination because of race, color, religion, sex, or national origin. 2. Analyze these areas, policies and practices to determine what actions by said contractor or subcontractor will be most effective in assuring equal employment opportunity; and 3. Establish a plan when there are deficiencies in minority and female utilization, to include the development of specific goals and timetables to achieve equal employment opportunity through actions identified as potentially most effective. When developing a written affirmative action program, the contractor or subcontractor must reari:z:~-that the. essence of "affirmative action" is the policy of developing programs which will provide detailed specific steps guaranteeing equal employment opportunity keyed to the problems and needs of females and minority groups. These steps shall develop specific goals and timetables for prompt achievement of full equal employment opportunity, including when there are deficiencies in female and minority utilization. Affirmative action can be more clearly understood and effective when contractors strive toward the attainment of specific numerical goals for the employment and upgrading of female and minority workers within given time periods. Goals should be arrived at through analysis of present policies and practices and may provide a means by which contractors and HUD can judge the results the specific affirmative action steps taken. Contractor's affirmative action plan should provide at least the following elements: I. Company's Equal Employment Opportunity Policy A statement which clearly states the company's policy of nondiscrimination in employment because of race, color, religion, sex, or national prigin. Page 411~1 I I I I i I I I ! I I I I I I I I I I I I AHCDD Form 411 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Instructions for Development of AFFIRMATIVE ACTION PROGRAM Project #: COBG #04071 b. Recruiting through schools and universities having substantial proportions of minority and female students. c. Maintaining systematic contacts with minority, female, and human relations organization, leaders, and spokesmen to encourage referral of qualified minority and female applicants. d. Encourage present employees to refer minority and female applicants. e. Making it known to all recruitment sources that qualified female and minority members are being sought for consideration for professional, sub-professional and other office work whenever staff is needed. 4. As~ure non-discriminatory hiring, taking appropriate steps such as: a. Instructing personally those of the staff who make hiring decisions that minority and female applicants for all jobs are to be considered without discrimination. 5. Assure that maximum use is made of sub-professional internship and other training to help equalize opportunity for female and minority persons such as: a. Sponsoring and assisting female and minority youths, as well as others, to enter sub-professional and professional training and making such training available to the maximum extent. b. Actively encouraging minority and female employees, as well as others, to increase their skills and job potential through participation in available training and education programs: 6. Assure non-discriminatory placement and promotion a. Instruct personally those of the staff who make placement and promotion decisions that minority and female employees are to be considered without discrimination. . b. Encbufage the'promotion of minority and female employees who have increased their skills and job potential in accord with the affirmative action policies. 7. Assure non-discriminatory pay, other compensation and working conditions, taking appropriate steps as: a. Examining rates of pay and fringe benefits for present employees with equivalent duties, and adjusting any inequities found. . b. Not reducing the compensation of existing employees who have been converted to on-the-job training states. 8. Encourage non-discriminatory contract, taking appropriate steps such as encouraging female and minority group contractors and contractors with minority and female representation among their employees to submit proposals for contract work. 9. Follow through, questioning, verifying, making whatever changes or additions to the Equal Employment Opportunity Program that may be necessary to assure effectiveness. Page 411~3 I I I I \ I I I i I i I j I I I I I I I I I I AHCDD Form 411 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Instructions for Development of AFFIRMATIVE ACTION PROGRAM Project #: COSG #04071 A. Recruitment and Emplovment Practice 1. We employ essentially four categories of craftsmen. Our brickmasons and equipment operators are referred from the Bricklayers Local #152 and the Operators Local #617, respectively. During the past year, Bricklayers Local #152 has referred approximately 71 employees to us. Approximately 17, or 24% were minority, and 2 or 2.8% were female. During that same period, the Operators Local #617 referred 11 employees, of which none were minority and 1 or 9% were female. 2. We secure our Carpenters and Laborers through walk-ins and word of mouth. During the past year we have employed approximately 63 Carpenters of which 3 were minority (approximately 5%) and o feniales. These were referred to the Carpenters Local #104 and admitted for membership. Of approximately 80 minority walk-in applicants, 60 or 75% were employed as Laborers. Of 1 female walk-in applicant, 1 or 100% was employed as a Laborer. A. Present Work Force Total Non-minoritv . Minoritv Non-female Female Brickmasons 49 30 16 46 3 Operators 3 3 0 3 0 Carpenters 31 28 3 31 0 Laborers 55 5 49 54 1 8. Opportunities for Placement During the period of the next 12 months we anticipate (because of attrition or expansion) employing maybe 50 new craftsmen by categories as follows: Brickmasons Operators Carpenters Laborers 14 1 10 25 III. Goals and Timetables Our minority employment goals for the next twelve month period is as follows: 8rickmasons Operators Carpenters Laborers 3 1 (oiler, trainee) 4 o Our female employment goals for the next twelve month period is as follows: 8rickmasons Operators Carpenters Laborers o o 2 2 Page 411-5 I I I I i I I I I , I I I I I I I I I I I I I AHCDD Form 411 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Instructions for Development of AFFIRMATIVE ACTION PROGRAM Project #: COBG #04071 THIS GENERAL OUTLINE MAY BE USED AS A GUIDE IN DEVELOPING AN ACCEPTABLE AFFIRMATIVE ACTION PROGRAM. EACH PROGRAM, HOWEVER, SHOULD BE TAILORED TO THE CONTRACTOR'S SPECIFIC OPERATION AND NEEDS. Page 411-7 I I I I I I , I i i I I i ! I ,\ I I I I I I I I I I AHCDD Form 411 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Instructions for Development of AFFIRMATIVE ACTION PROGRAM Project #: COBG #04071 A. Recruitment and Emplovment Practice 1. We employ essentially four categories of craftsmen. Our brickmasons and equipment operators . are referred from the Bricklayers Local #152 and the Operators Local #617 , respectively. During the past year, Bricklayers Local #152 has referred approximately 71 employees to us. Approximately 17, or 24% were minority, and 2 or 2.8% were female. During that same period, the Operators Local #617 referred 11 employees, of which none were minority and 1 or 9% were female. 2. We secure our Carpenters and Laborers through walk-ins and word of mouth. During the past year we have employed approximately 63 Carpenters of which 3 were minority (approximately 5%) and o females. These were referred to the Carpenters Local #104 and admitted for membership. Of approximately 80 minority walk-in applicants, 60 or 75% were employed as Laborers. Of 1 female walk-in applicant, 1 or 100% was employed as a Laborer. C. Present Work Force Total Non-minoritv Minority , Non;"female Female Brickmasons 49 30 16 46 3 Operators 3 3 0 3 0 Carpenters 31 28 3 31 0 Laborers 55 5 49 54 1 D. Opportunities for Placement During the period of the next 12 months we anticipate (because of attrition or expansion) employing maybe 50 new craftsmen by categories as follows: Brickmasons Operators Carpenters Laborers 14 1 10 ,'?l1".; -.....,. , IV. Goals and Timetables Our minority employment goals for the next twelve month period is as follows: Brickmasons Operators Carpenters Laborers 3 1 (oiler, trainee) 4 o Our female employment goals for the next twelve month period is as follows: Brickmasons Operators Carpenters Laborers o o 2 2 Page 411~9 I I I I I. I I I I I I I I I I I I I I AHCDD Form 411 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Instructions for Development of AFFIRMATIVE ACTION PROGRAM Project #: COSG #04071 THIS GENERAL OUTLINE MAY BE USED AS A GUIDE IN DEVELOPING AN ACCEPTABLE AFFIRMATIVE ACTION PROGRAM. EACH PROGRAM, HOWEVER, SHOULD BE TAILORED TO THE CONTRACTOR'S SPECIFIC OPERATION AND NEEDS. Page 411~11 AHCDD Form 411 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Instructions for Development of AFFIRMATIVE ACTION PROGRAM Project #: COSG 04071 NOTE TO CONTRACTOR: THIS GENERAL OUTLINE MAY BE USED AS A GUIDE IN DEVELOPING AN ACCEPTABLE AFFIRMATIVE ACTION PROGRAM. EACH PROGRAM, HOWEVER, SHOULD BE TAILORED TO THE CONTRACTOR'S SPECIFIC OPERATION AND NEEDS. _ (Construction Company Letterhead) Timberlake Outdoors, Inc. Project No.: AI€lt/ f}P7-;)f-r;f!&rt/ erR \ 1200. Cedar Grove Rd Project Name: ; I ' . - ' ). Il^- p'~~')/8, . Location: i 3 -" n . ? r~.(J tUJ- Buckhead, GA 30625 Sponsor: ~v- J Timbef~~1t~A?~ PLAN I. Equal Emplovment ~if6rove Rd, . It is the policy of .Buck.head (JA 30625 . Company not to discriminate against any employee or applicant for employmenthecause of race, color, religion, sex, or national origin. This policy extends to all matters relating to recruitment, hiring, promotion, transfer, recruitment or recruitment advertising, rates of pay and other forms of compensation, and selection for training. Furthermore, it is the policy of this company to cooperate to the fullest extent with the applicable rules, regulations and orders issued pursuant to Executive Order 11246. It is intended that all officials and employees of this company be informed of this statement of policy and that this policy shall be applied to every phase of employee recruitment, including employment agencies, labor organizations and advertising. II. Coordination and Administration of Proqram J- 1. The company vice-president,~~ Ms.) --r;- ~e.r).hill serve in the capacity of Equal Employment Opportun~~dinator.(He or She) will be responsible for the overall administration of this Affirmative Action Plan and will assist in EEO matters at the Branch Office and at project construction sites. 2. Administration of this Plan at the project site will be the responsibility of the company's Project Manager. 3. Management will check with each superintendent bi-weekly to ensure that this company's equal employment opportunity obligations, policy, and plan are being implemented. 4. A copy of this affirmative action plan will be provided to each employee and posted on the company's bulletin boards at the main office, the branch office, and all project sites. I Page 411-4 AHCDDForm 411 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Instructions for Development of AFFIRMA TtVE ACTION PROGRAM Project #: CDBG 04071 A. Recruitment and Employment Practice 1. We employ essentially four categories of craftsmen. Our brickmasons and equipment operators are referred from the Bricklayers Local #152 and the Operators Local #617, respectively. During the past year, Bricklayers Local #152 has referred approximately 71 employees to us. Approximately 17, or 24% were minority, and 2 or 2.8% were female. During that same period, the Operators Local #617 referred 11 employees, of which none were minority and 1 or 9% were female. 2. We secure our Carpenters and Laborers through walk-ins and word of mouth. During the past year we have employed approximately 63 Carpenters of which 3 were minority (approximately 5%) and o females. These were referred to the Carpenters Local #104 and admitted for membership. Of approximately 80 minority walk-in applicants, 60 or 75% were employed as Laborers. Of 1 female walk-in applicant, 1 or 100% was employed as a Laborer. During the period of the next 12 months we anticipate (because of attrition or expansion) employing maybe 50 new craftsmen by categories as follows: Brickmasons Operators Carpenters Laborers 14 1 10 25 III. Goals and Timetables Our minority employment goals for the next twelve month period is as follows: Brickmasons Operators Carpenters Laborers 3 1 (oiler, trainee) 4 o Our female employment goals for the next twelve month period is as follows: Brickmasons Operators Carpenters Laborers o o 2 2 I Page 411-5 AHCDDForm 411 . I I IA. I I 18. I C. I .1 I I F. I G. D. E. H. II. I AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Instructions for Development of AFFIRMATIVE ACTION PROGRAM Project #: COSG 04071 We will notify community organizations in writing that we are an equal opportunity employer and that we have employment opportunities available and will maintain records of the organizations' response. The following is a list of organizations we will notify: 1. 2. 3. We will maintain a file of the name and addresses of each minority and female applicant referred to us and note what action was taken with each such referred applicant, and if the applicant was not employed, the reasons therefore. Where appropriate, applicant will be sent to union hiring hall for permit to work with our company. We will promptly notify HUD when the union or unions with whom we have a collective bargaining agreement has not referred us a minority or female worker sent by us or we have other information that the union referral process impedes us in our efforts to meet our goals. We will make specific efforts to encourage present minority and female employees to recruit their friends and relatives for positions we have available. The Company's EEO Coordinator will periodically inventory and evaluate all minority and female personnel in the Laborer category for promotional opportunities and encourage them to seek such opportunities where available. The company will make sure that all facilities and company activities are non-segregated with the exception that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. The EEO Coordinator will continually monitor all personnel activities to ensure that the company's EEO policy is being carried out. We will solicit bids for subcontracts from available minority and female subcontractors engaged in the trades for which we need subcontractors. Where necessary, and possible, we will offer assistance to those minority and female subcontractors who bid or are awarded a subcontract with our company. We will notify each subcontractor of his respective EEO obligatio and actively coopefate with HUD in assuring compliance. Signed: Page 411-6 I I I I I I I I I I I I I I I I I I I . I I I I I I I- I I I I I I' I I I I I I AHCDD Form 412 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT AFFIRMATIVE ACTION GOALS & TIMETABLE Project #: COSG #04071 FRIDAY, APRIL 7, 1978 PART IV ~~AAAAAAAA.AAAk.AkAA~A.~AA ' DEPARTMENT OF LABOR, Office of Federal Contract Compliance Programs . GOALS AND.." TI MET ABLES FOR FEMALE AND MINORITY PARTICIPATION INTHE CONSTRUCTION INDUSTRY Affirmative Action Requirements Page 412-1 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT AFFIRMATIVE ACTION GOALS & TIMETABLE I AHCDD Form 412 I Project #: I timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is. individually required to comply with its obligations under the EEO clause, and to make'a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographiCal areas where they do not have a Federal or federally assisted constuction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the periOd specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the, Contractor must have made a commitment to employ the apprentices . and trainees at the completion of their training, subject to the availability of employment Opportunities. Trainees must be trained pursuant to training programs approved by the. U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilitfes at which the Contractoi-'s employees are assigned to work. The Contractor, where possible, will assign two or more Women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's. obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. I I I I I I I I I I I I I I I b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. . d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that. the union . referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or. partiCipate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially. those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newpaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the 'company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any jab site. A written record shall be made and maintained identifying the time and place of these meetings,' persons attending, subject matter discussed, and disposition of the subject matter. . h. Disseminate the Contractor's EEO policy extemally by including it in any advertising in the news media, specifically including minority and female news media, and providing' written notification to' and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to ,minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not iater than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. . j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a'discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain' a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to partiCipate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be. asserted as fulfilling anyone or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, . makes every effort to assure that the group has a positive impact on the employment of minorities and women 'in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and - to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though ,the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of . women is underutilized). I I I' I I I I I I I I I I ~I I' I I I I I AHCDD Form 412 AUGUSTA HOUSING & COMMUNITY Project #: DEVELOPMENT DEPARTMENT AFFIRMATIVE ACTION GOALS & TIMETABLE CHANGES IN APPENDIX B PURSUANT TO OFCCP REGULATIONS - 41 CFR PART 60-4 Until further notice, the following goals for minority utilization in each construction craft and trade shall be included in all Federal or federally assisted construction contracts and subcontracts in excess of $10,000 to be performed in the respective geographical areas. The goals are applicable to each nonexempt contractor's totalonsite construction workforce, regardless of whether or not part of that workforce is performing work on a Federal, federally assisted or nonfederally related project, contract or subcontract. Construction contractors which are participating in an approved Hometown Plan (see 41 CFR 60-4.5) are required to comply with the goals of the Hometown Plan with regard to construction work they perform in the area covered by the Hometown Plan. With regard to all their other covered construction work, such contractors are required to comply with the applicable SMSA or EA goal contained in this Appendix 8-80. APPENDIX B-80 GOALS FOR MINORITY UTILIZATION Auqusta, GA. Goals (Percent) MINORITY FEMALE SMSA Counties . . . . . . . . . . . . . . . . . . . , . . . . . . . . . ~ . . . . . . . . . Columbia, Richmond & Aiken, S.C. 27.2 6.9 Non-SMSA Counties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . 32.8 Burke, Emanuel, Glascock, Jefferson, Jenkins, Lincoln, McDuffie, Taliaferro, Warren, and Wilkes I I I I I I I I I I I I I I I I I I I . I I I I I I I I I I I I I I I I I - I I Form 501 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Project #: CDSG #04071 PERFORMANCE & PAYMENT BOND (See Attachment) 501-1 . I I I I I I I I I I I I I I I I I I I THE AMERICAN INSTITUTE OF ARCHITECTS PREMIUM BASED ON FINAL CONTRACT AMOUNT Bond #593710P AlA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that TIMBERLAKE OUTDOORS, INC. (Here insert full name and address or legal title of Contractor) 1200 CEDAR GROVE ROAD BUCKHEAD, GA 30625 as Principal, hereinafter called Contractor, and, DEVELOPERS SURETY AND INDEMNITY COMPANY (Here insert full name and address or legal title of Surety) P.O. BOX 19725 IRVINE, CA 92623 as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT (Here insert full name and address or legal title of Owner) 925 LANEY-WALKER BLVD. AUGUSTA, GA 30901 as Obligee, hereinafter called Owner, in the amount of SIXTY EIGHT THOUSAND NINE HUNDRED SIXTY SIX AND 57/100 Dollars ($ 68,966.57), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated SEPT. 28, 2007 (Here insert full name address and description of project) NEW BETHLEHEM CENTER IMPROVEMENTS - #04071 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by 2KM ARCHITECTS, INC., 2275 WRIGHTSBORO ROAD, AUGUSTA, GA 30904 (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AlA 0 FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D.C. 20006 I PERFORMANCE BOND I NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. I The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract the Owner having performed Owner's obligations thereunder, the surety may promptly remedy the default, or shall promptly I I 1) Complete the Contract in accordance with its terms and conditions, or I 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if th~ Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of I I I I I Signed and sealed this 5th day of October, 2007 t~k',Jll2j , Witnesk::) ""--.. I I I I I defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price but not exceeding, including other costs and damage for which the Surety may be liable hereunder, the amount of the contract price", as used in this paragraph shall mean the toral amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators, or successors of the Owner. DEVELOPERS SURETY AND INDEMNITY c~ . . Su, . 5..1 (Title) KATHY S. SMITH, Attorney-in-Fact AlA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIAO FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASHINGTON, D.C. 20006 2 I I I - I I I I I I I I I .1 I I I I I I I I I THE AMERICAN INSTITUTE OF ARCHITECTS PREMIUM BASED ON FINAL CONTRACT AMOUNT Bond #593710P AlA Document A311 labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that TIMBERLAKE OUTDOORS, INC. (Here insert full name and address or legal title of Contractor) 1200 CEDAR GROVE ROAD BUCKHEAD, GA 30625 as Principal, hereinafter called Contractor, and, DEVELOPERS SURETY AND INDEMNITY COMPANY (Here insert full name and address or legal title of Surety) P.O. BOX 19725 IRVINE, CA 92623 as Surety, hereinafter called Surety, are held and firmly bound unto AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT (Here insert full name and address or legal title of Owner) 925 LANEY-WALKER BLVD. AUGUSTA, GA 30901 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of SIXTY EIGHT THOUSAND NINE HUNDRED SIXTY SIX AND 57/100 Dollars ( 68;966.57), (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated SEPT. 28, 2007 (Here insert full name address and description of project) NEW BETHLEHEM CENTER IMPROVEMENTS - #04071 entered into a contract with Owner for in accordance with Drawings and Specifications prepared by 2KM ARCHITECTS, INC., 2275 WRIGHTSBORO ROAD, AUGUSTA, GA 30904 (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AlA 0 FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 3 I LABOR AND MATERIAL PAYMENT BOND I NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: I 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. I I I 2. The above named Principal and Surety hereby jointly and severally agree. with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant and have execution thereon. The Owner shall not be liable for payment of any costs or expenses of any such suit. I I I 3. No suit or action shall be commenced hereunder by any claimant: I a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within (90) day after such claimant did or performed the last of the work or labor, or furnished the las of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the I I I Signed and sealed this 5th day of October, 2007 . w~: 4!J~ tness) I I I I ',-- party to whom materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any state in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent for the jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the project or any part thereof is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanic's liens which may be filed of record against said improvements whether or not claim for the amount of such lien be presented under and against this bond. (Title Attorney-in-Fact KATHY S. SMITH, Attorney-in-Fact I AIADOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND A1Ao FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 4 I I I I POWER OF AITORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 www.lnscoDico.com KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make, constitute and appoint: ***Dianne L. Hrehor, Robert G. Hrehor, Robert M. Hrehor, Kathy S. Smith, Rena C. Moss, jointly or IseveraIlY*** as its true and lawful Attorney(s)-in-Fact. to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts of suretyship giving and !,'f'dnting unto said Attorney(s)-in-Fact full power and authority to do and to perfonn every act necessary. requisite or proper to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all ofthe acts of said Attomey(s)-in- Fact, pursuant to these presents, are. hereby ratified and con finned. I I I I I I I I I I I I I I I This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November I, 2000: RESOLVED, that the Chainnan of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute. Powers of Attorney, qualifYing the Attomey(s)-in-Fact named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such tacsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this I st day of December. 2005. By: c-=) ~~) David H. Rhodes, Executive Vice-President ,.,.........., ",""',< A.ND ;"1"" ...~~~ ..............:"" ~.... /~....,.o~J' OR,. ;:.....~.\ ~ .' v ~ ,~ ~ f::!f OCT. \~~ :: ~ ~ 10 ; (") E \~\ 1936 /~j \~..'.... IOWf>. ......',t.,l>/ ""~O ............... 't-~"....... "',',I'....t...,.",....,,' ~~ By: Walter A. Crowell, Secretary STATE OF CALIFORNIA ] COUNTY OF ORANGE On December 1,2005 before me, Gina L Gamer, Notary Public (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. f & ~ ~ ~ ~ ~I~; ~. ~~~~E~ - J ~. COMM. # 1569561 ~ NOTARY PUBLIC CALIFORNIA :7 . ORANGE COUNTY \) ~ ~ ~ ~ ~ ~ ,,!~!,,:,"~ir;.~~~ Signature ~ ??<' ~ (SEAL) CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked. and furthennore, that the provisions of the resolution of the respective Boards of Directors of said corporation set forth in the Power of Attorney. is in force as of the date of this Certificate. This Certificate is executed in the City oflrvine. Califomia, the 5TH day of OCTOBER 2007 ~/-~ By Albert Hillebrand, Assistant Secretary ID- I 438 (DS!) (Rev. 12/05) I I I I I I I I I I I I I I I I I I I . Form 502 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Project #: COBG #04071 INSURANCE (See Attachment) 502-1 I I I I I I I I I I I I I I I I I I- I CONTRACTORS BUSINESSOWNERS COLUMBIA eINSURANCE GROUP 2295 Parklake Drive Suite 100 Atlanta GA 30345 (770) 938-7118 POLICY NUMBER: CTPGA36777 RENEWAL OF: CTPGA36777 POLICY DECLARATIONS COLUMBIA NATIONAL INSURANCE CO Named Insured and Mailing Address: TIMBERLAKE OUTDOORS INe 1200 CEDAR GROVE ROAD BUCKHEAD GA 30625 Agent and Mailing Address: Agent: 41127 -00003 BB&T INSURANCE SERVICES, INC. 106 SOUTH BROAD STREET LOGANVILLE GA 30052-7343 770-466-2910 Policy Period: From 09/11/2007 to 09/11/2008 at 12:01 a.m. Standard Time at the mailing address shown abpve. IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THlIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAYBE SUBJECT TO ADJUSTMENT The laws of the State of Georgia prohibit insurers from unfairly discriminating against any person based upon his or her status as a victim of family violence. Busilless Description: Description: CARPENTRY - N.O.C. Forms of Business: CORPORATION POLICY LEVEL COVERAGES Liability and Medical Payments Except for the Fire Legal Liability, each paid claim for the following coverages reduces the amount of insurance we provide during the applicable period. Please refer to Section 2-Liability, paragraph D.4. ofthe Businessowners Coverage form. Limits of Insurance Liability and Medical Expenses M.edical Expenses Fire Legal Liability $1,000,000 $5,000 $50,000 Per person Anyone fire or exp1osi2!l_____. Policy Subject to an annual audit. Total Policy Premium Certified Terrorism Coverage '--..... Payn1JClJt Plan: DIRECT BILL FULL PAY Date Prepared: June 28,2007 ... 4uto-Owners ~~;ANCE COMPANY 16144 6101 ANACAPRI BLVD.~ LANSING~ MI 48917-3999 INFORMATION PAGE -RENEWAL AGREEMENT IIGENcy BB8T INSURANCE SERVICES INC "8-0945-00 106 BROAD ST (770) 466-2910 LOGANVILLE GA 30052 MKT TERR 073 I ITEM 1 NSURED ADDRESS I I rEM 3 I I I IEM 4 PAGE 1 WORK:bRS': COMPENSATION AND EMPLOVERS J LIABILITV RENEWAL EFF. 09-11-2007 TIMBERLAKE OUTDOORS INC 1200 CEDAR GROVE RD BUCK HEAD POLICY NUMBER 031718 48477325 ITEM 2 POLICY PERIOD FROM 12:01 A.M. 09-11-2007 TO 12:01 A.M. 09-11-2008 AT THE INSURED'S MAILING ADDRESS COMPANY BILL GA 30625-1812 INSURED IS - CORPORATION OTHER WORK PLACES NOT SHOWN ABOVE: A. WORKERS' COMPENSATION INSURANCE: PART ONE OF THE POLICY APPLIES TO WORKERS' COMPENSATION LAW OF THE STATES LISTED HERE: GA B. EMPLOVERS LIABILITV INSURANCE: PART TWO OF THE POLICY APPLIES TO WORK IN EACH STATE LISTED IN ITEM 3. THE LIMITS OF OUR LIABILITY UNDER PART TWO ARE: BODILV INJURV BV ACCIDENT $100~000 EACH ACCIDENT BODILV INJURV BV DISEASE $100~000 EACH EMPLOVEE BODILVINJURV BV DISEASE $500,000 POLICY LIMIT OTHER STATES INSURANCE: PART THREE OF THE POLICY APPLIES TO THE 'STATES, LISTED HERE: AL, AR~ AZ, CO~ FL, GA, lA, ID, IL, IN~ KS, MI, MN, MO, NC, SD, TN, UT~ VA & WI UNLESS ALREADV LISTED IN ITEM 3A. C. IF ANV, NE, SC, THE PREMIUM FOR THIS POLICY WILL BE DETERMINED BV OUR MANUALS RULES, CLASSIFICATIONS, RATES AND RATING PLANS. ALL INFORMATION REQUIRED BELOW IS SUBJECT TO VERIFICATION AND CHANGE BV AUDIT. CLASSIFICATIONS OF OPERATIONS PREMIUM BASIS ESTIMATED TOTAL ANNUAL REMUNERATION RATES RATE PER $100 ESTIMATE[ ANNUAL PREMIUM CLASS CODE I STATE OF GEORGIA ID. 0010 DESC 001 FURNITURE ASSEMBLV - WOOD - FROM MANUFACTURED PARTS 2881 146,500 5.98 8,761 8,761 876- 7,885 1,183- 6,702 60- 6,642 150 6,792 59 6~851 29 6,880 6,880 I I I I I I TOTAL 907. EXPERIENCE MOD 15.07. SCHEDULE CREDIT - GEORGIA PREMIUM DISCOUNT EXPENSE CONSTANT FOREIGN TERRORISM DOMESTIC TERRORISM, EARTHQUAKES 8 CAT. INDUSTRIAL ACCIDENTS TOTAL ESTIMATED ANNUAL PREMIUM ISSUED 7-04-2007 27777 (10-88)(WC000001A) 202~ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Form 503 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Project #: COBG 04071 CERTIFICATION OF NON-SEGREGATED FACILITIES BY SUBCONTRACTOR The SUBCONTRACTOR certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location under SUBCONTRACTOR's .control where segregated facilities are maintained. The SUBCONTRACTOR certifies further that the SUBCONTRACTOR will not maintain or provide for SUBCONTRACTOR's employee any segregated facilities at any of SUBCONTRACTOR's establishments, and that the SUBCONTRACTOR will not permit SUBCONTRACTOR's employees to perform their services at any location under SUBCONTRACTOR's control where segregated facilities are maintained. The ~UBCONTRACTOR agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this BID. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and ot,her stora e or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transp i rtation, a d housing facilities provided for employees which are segregated by explicit directive or are in fa t segrega ed on the basis of race, color, religion, or nation origin, because of habit, local custom, or therwis . This ce .fication is applicable to all contracts exceeding $10,000 which are not exempt from the p ovisions f the Equ I Opportunity clause. SUBCONTRACTOR will retain such certification in SUBCONT TOR's fil s. Note: The penal making false statements in offers is prescribed in 18 U.S.C. 91001. Date ,20 (Name of By (Subcont actor's N e) J As its itle) Official Address (City, State, Zip) *Must be included without alteration 503-1 I I I I I I I I I I I I I I I I I I I I I I STATE OF GEORGIA I I I I I I I I I I I~ I I I I I 504 AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL POWER OF ATTORNEY CERTIFICATE Project #: COBG 04071 ) ) COUNTY OF RICHMOND ) KNOW ALL PERSONS BY THESE PRESENTS: That AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereby constitutes and appoints, and by these presents does make, constitute and appoint CHESTER A. WHEELER, III, of Richmond County, Georgia, as it's true and lawful attorney in fact, in the executing of any or all of the following documents related to Project: (1) To sign and execute any and all legal instruments, to any person or persons wishing to contract with Augusta Housing and Community Development Department; (2) To sign statements or related instruments necessary or convenient to said transaction; (3) To sign, endorse, deposit or issue checks or to receive checks related to the Augusta Housing and Community Development Department program; and (4) Augusta, Georgia does hereby grant and give unto CHESTER A. WHEELER, III as Director of Augusta Housing and Community Development Department, as its attorney in fact with full authority and power to do and perform any and all other acts necessary or convenient to Project and to perform same as the authorized representative of Augusta, Georgia. This Special Power of Attorney specifically revokes any previously issued Power of Attorney. IN WITNESS WHEREOF, Augusta, Georgia has caused this Power of Attorney to be exec;rtVJ/b'Z-, and thrOlf)tt~_ ~uthori~~ials and the seai.of the consolidated government affixed this----f&L- day of ITV""", ~. L.S. ATTEST: -~. SEAL 504-1 I I I I I I I I I I I I I I I I I I I I I AHCDD Form 111 (Rev. 10106) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT TECHNICAL SPECIFICATIONS Project #: COBG I I I I I I I I I I I I I I I I I Page 111-1 I I I F-Ol I F-02 I I I F-03 F-04 I ,I I I I I I I I I I I SECTION F SPECIAL CONDITIONS ARCHITECT A. Wherever the term "Architect" appears in these specifications, it shall mean 2KM Architects, Inc., 2275 Wrightsboro Road, Augusta, Georgia 30904, PH: (706) 736-3333; FX: (706) 736- 7100; E-Mail: mail@2kmarchitects.com. OWNER A. Wherever the term "Owner" appears in these specifications, it shall mean Augusta Housing and Community Development Department, 925 Laney Walker Blvd" 2nd Floor Augusta, Georgia 30901, PH (70) 821-1797, FX 706 821-1784. COPIES OF CONTRACT DOCUMENTS FURNISHED TO CONTRACTOR A. The Owner shall furnish to the Contractor, free of charge, ten (10) sets of contract documents. The Contractor shall obtain such additional sets of contract documents as the Contractor deems necessary and shall pay the cost of reproduction of such additional sets. SHOP DRAWINGS A. Submittals 1. Refer to the individual sections of the Specifications for Shop Drawings. 2. Shop Drawings shall be submitted only for the items requested in the individual Trade Section; however, the Architect may request additional drawings, schedules, and manufacturers brochures to supplement the information needed for the execution of the work. 3. Shop Drawings not required by the Specifications or requested by the Architect will be returned without action. B. Manufacturers Materials and Equipment. 1. Shop Drawings shall be in accordance with the Manufacturer's Model Numbers, Specifications, and description called for in the Contract Documents, 2. Where products of acceptable manufacturers or products, as allowed in the Specifications, vary from the details of the Manufacturer or product used as the basis for the specified or detailed item, any additional labor, materials, or services needed to accommodate such variances shall be accomplished at no increase in contract cost. Va..'"iances so noted include, but are not limited to, diinensions, locations of outlets, fype and number of connections, installation details and capacity of service. C. Contractor's Review 1. The Contractor shall review all Shop Drawings required by the Contract Documents or subsequently by the Architect as covered by modifications and stamp each copy submitted with the date and name of persons making review. 2. Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require. At the time of submission, the Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. D. Submittals 1. Shop Drawings shall be submitted in advance of the time needed by the Contractor for proper scheduling of work. 2. Shop Drawings of all fabricated work shall be submitted to Architect for approval and no wor~ shall be fabricated by Contractor, save at his own risk, until approval has been given. Four (4) prints of final approved Shop Drawings will be required unless otherwise specified. F-l I F-21 DRUG-FREE ENVIRONMENT POLICY I A. By executing this contract, contractor certifies that he shall provide a drug-free workplace for his employees and the employees of his sub-contractors in accordance with the laws of the State of Georgia. I F-22 LIENS A. Not later than fifteen (15) days after the contractor commences work on the property, a Notice of Commencement shall be filed by the Contractor with the clerk of the Superior Court in the county in which the project is located in accordance with Georgia Law. I I F-23 DELAYS AND EXTENSION OF TIME I A. Delays and Extension of Time: (a) Ground.s - If the contractor be delayed at any time in the progress of the work by any act or negligence of the Owner or the architect, or of any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, pickets, inclement weather, unforeseeable subsurface conditions, fire, unusual delay in transportation, unavoidable casualties, or any causes beyond the Contractor's control, or by any cause which the architect shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Architect may decide. The contractor expressly agrees that the contractor's sole remedy for such delay shall be an extension of contract time and that the contractor shall make no demand for damages or extended overhead. I I I F-24 CHANGES IN THE WORK A. Owner's Right to Make Changes. - The Owner without invalidating the contract may authorize or order extra work or may authorize or order changes by altering, adding to, or deducting from the work, the contract sum being adjusted accordingly. The contractor hereby expressly agrees that the contractor shall have no right to a claim for damages or extended overhead because of changes made by the Owner. Such work is hereinafter designated "change" or "changes". All such changes shall be performed under the conditions of the original contract except that any claim for extension of time caused thereby shall be adjusted at the time of signing of the change order form. I I I I I I I I I I F-5 I I I I I I I I I I I I I DIVISION 1 - GENERAL REQUIREMENTS SECTION 01080 - APPLICABLE CODES PART 1 - GENERAL 1.1 RELATED REQUIREMENTS AND WORK A. The Division 1 General Requirements, Specifications, Drawings, Addenda and Modifications are binding on all work required for this Project. 1.2 APPLICABLE CODES 1. NFPA 70 2. NFP A 72 3. NFPA 101 4. NFPA 241 5. NFP A 13 6. IBC-2000 7. IFC - 2003 8. ADAG-1991 9. ABA 10. 120-3-3 11. 120-3-20 12. IFGC-2000 13. IMC-2000 14. !PC-2000 15. NEC-2005 16. IECC-2000 A. The following Building Codes are currently adopted and applicable for this project: National Electrical Code, 2005 Edition, with Georgia Amendments National Fire Alarm Code, 2002 Edition, with Georgia Amendments Life Safety Code, 2000 Edition, with Georgia Amendments Building Construction and Demolition Operations Standard for Installation of Sprinkler Systems, 2002 Edition, with Georgia Amendments Standard Building Code, International Building Code (with State of Georgia Amendments 2002 - 2006) International Fire Prevention Code (with State of Georgia Amendments, 2005) . American Disabilities Act Guidelines, 1991 law. Architectural barriers ACT, Accessibility guidelines, 36 CFR part 1191 State Minimum Fire Safety Standards (1999) Georgia Accessibility Code (1997) International Fuel Gas Code (with State of Georgia Amendments, 2001 _ 2003,2005) International Mechanical Code (with State of Georgia Amendments, 2001, . 2004,2005) . International Plumbing Code (with State of Georgia Amendments, 2001- 2006) National Electric Code (with State of Georgia Amendments, 2006) International Energy Conservation Code (with State of Georgia Amendments, 2003,2005,2006) B. Reference to other applicable codes and standards are made in other sections of this specification. PART 2 - PRODUCTS (NotUsed) PART 3 - EXECUTION' . (Not Used) I I I I I I APPLICABLE CODES END OF SECTION 01080-1 I I DIVISION 1 - GENERAL REQUIREMENTS SECTION 01090 - ABBREVIATIONS & SYMBOLS' PART 1- GENERAL I 1.1 REFERENCES I A. Reference to a technical society, institute, association, organization or governmental authority may be made in the Specifications in accordance with the following abbreviations: I AAR AASHTO ACI ADA AECI AGA AGC AGMA ARC AIA AISC AISI ANSI APA API ',.""-,..-.- .ARI ....., ASA ASC ASLA ASHRAE American Association of Railroads American Association of State Highway and Transportation Officials American Concrete Institute I American with Disabilities Act I Association of Edison llluminating Companies American Gas Associati(Jn,Inc. I Associated General Contractors of America American Gear Manufacturers Association I Architectural Hardware Consultants American Institute of Architects I American Institute of Steel Construction I American Iron and Steel Institute American National Standards Institute I American Plywood Association American Petrolewn Institute I Air-Conditioning and Refrigeration Institute American Standards Association I . American Standards Code I American Society of Landscape Architects American Society of Heating, Refrigeration and Air Conditioning Engineers I ASM American Society for Metals I ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials I AWl Architectural Woodwork Institute AWPA American Wood-Preservers' Association I ABBREVIA TIQNS & SYMBOLS 01090-1 I I I I I I I I I I I I I I I I I I I RLM RTMA SAE SCPI sm SJI SMACNA SSPC TCA TEMA UL USPS PART 2 - PRODUCTS PART 3 - EXECUTION ABBREVIATIONS & SYMBOLS Reflector Lwninaire Manufacturers Radio- Television Manufacturer's Association Society of Automobile Engineers Structural Clay Products Institute. Steel Deck Institute Steel Joist Institute Sheet Metal and Air Conditioning Contractor's National Association Steel Structures Painting Council Tile Council of America Tubular Exchange Manufacturers Association Underwriter's Laboratories United States Product Standard (Not Used) (Not Used) END OF SECTION 01090-3 I I F-I0 I I I I Schedules. INSPECTION QF EXISTING SITE A. All Bidders shall inspect existing site conditions prior to Bid and include all costs. B. The Contractor shall give notice in writing to the office of the Owner, prior to commencing work for the purpose of arranging for a joint inspection by (a) the Architect, (b) the Contractor, and (c) the authorized representative of the Owner, during the course of which inspection the three parties to the joint inspection shall prepare a schedule identifying and showing the location of any damage to the existing work which is ascertainable by visual inspection. The schedule shall be prepared in two counterpart originals each of which shall be dated and signed on behalf of each party to. the joint inspection. An executed and dated counter original shall be filed with: (1) Contractor. (2) Architect. (3) Owner. I F-ll CONTRACTORS IDENTIFICATION SYSTEM I A. All employees of contractors assigned to perform duties specifically associated with contractual agreements will be identified by wearing legal photo I.D. F-12 CONTRACTOR EMPLOYEES CONDUCT I I A. The Contractor shall insure that his employees' and his Subcontractors employees conduct themselves in a gentlemanly manner while on the site. Gestures, remarks, cat calls, whistling, or anything else of a derogatory nature will not be tolerated, and will be sufficient cause for the permanent removal of an employee from this project site. F-13 TEMPORARY UTILITIES I I I A. Temporary Power - Contractor shall obtain temporary power for construction from local utility company and pay all associated fees and costs. . B. Contractor shall provide temporary toilet facilities for the workmen of the job. Facilities shall be maintained in clean and sanitary condition throughout their use. Sanitize area upon removal. C. Contractor shall obtain temporary water from local on-site utility (Augusta Utilities Department) and pay all expenses and fees. I F-14 CONSTRUCTION A. I B. I I C. I I Contractor shall request approval from the Owner, regarding access to area at least 48 hours prior to commencing work. Contractor shall submit anticipated schedule in writing indicating dates of access to area required to complete work in accordance with contract documents. Construction limits shall be the area of construction limits indicated on the drawings. All construction activities must be limited to this area, except. as modified by Contract Documents, such as, access to site, delivery of materials and material storage areas outside construction limits. Space Outside Construction Limits - Contractor shall request approval regarding use of space outside construction limits. Request must be made a minimum of.48 hours prior to use of space and must indicate length of time space will be needed. Use of such designated areas shall be on a temporary basis only for special construction requirements. F-3 I DIVISION 1 - GENERAL REQUIREMENTS SECTION 01100 - ALTERNATES I PART 1 - GENERAL 1.1 SUMMARY I A. The Contractor shall furnish all labor, materials, tools, equipment and perform all work and services necessary for all Alternates as shown on drawings and as ipecified, in accordance with the provisions of the Contract Documents and completely coordinated with work of all other trades. All prices shall include overhead and profit I I B. Although such work is not specifically indicated, furnish and install all suwlementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound and complete installation. I c. Coordinate pertinent related work and modify surrounding work as required by Contract Documents. I D. All materials and methods of construction used on this project shall conform to the qualifications established by the Contract Documents. I 1.2 QUANTITIES A. When materials, devices or equipment are referred to as if singular in number, it is intended that such reference shall apply to as many such items as are required to complete the work. I PART 2 - ALTERNATES I 2.1 ALTERNATES I A. State in proposal the amount to be deducted from the Base Bid for each of the Alternates described below. Upon execution of Agreement, implement workand modify work as established under various Alternates as accepted or rejected by the Owner. Clarifications of Alternates and Unit Prices shall be as follows: I DEDUCT ALTERNATE #1: 1. Delete existing playground equipment demolition: Demolition of playground equipment to be completed by Owner (FBO, IBO). I DEDUCT ALTERNATE #2: 1. Delete (3) new pieces of playground equipment(Mega structure to remain in Contract): Provide Unit Price to Add or Deduct new Arch Swing set (Miracle #718-852-4S) Provide Unit Price to Add or Deduct new Multi-Pondo (Miracle # 150-060) Provide Unit Price to Add of Deduct new Curved Balance Beam (Miracle #714-913-S). I 2. I 3. 2.2 UNIT PRICE I UNIT PRICE #1: Provide and Install rubber mulch in place of wood mulch. I PART 3 - EXECUTION (Not Used) I END OF SECTION I AL TERNA TES 01100-1 I I DIVISION 1 - GENERAL REQUIREMENTS SECTION 01300 - SUBMITTALS I 1.1 PART 1 - GENERAL I I I I I I I I I F. I SUMMARY A. The following provisions shall apply: Contractor shall compile one completed set of approved set of Shop Drawings and submittals to tuni in with the 0 & M Manuals. B. Contractor shall submit six prints of each shop drawing to the Architect for review. If corrections are required after the Architect's review, two copies of marked up drawings will be returned to the Contractor for necessary revisions. Contractor shall then resubmit six prints of corrected drawings for fmal review and distribution. However, if for any reasons further corrections are necessary, follow the above procedure until no corrections are required. C. For standard manufactured items the Contractor shall submit six copies of all catalogue sheets, vendors' drawings and certified drawings to the Architect for review. If corrections are required after the Architect's review, two copies of marked up drawings will be returned to the Contractor for revision. Contractor shall thettresubmit six corrected copies for fmal review and distribution. D. Shop drawings submitted for review must bear the stamp of the Contractor stating that they have been checked. It is the Contractor's responsibility to fully check all shop drawings for arrangement and conformance with drawings and specifications, and accuracy of dimensions, including coordination of shop drawings submitted on other work under these specifications. If it appears that such checking has been inadequate, even though stamped as being checked, drawings will be returned to the Contractor for proper checking before further processing by the Architect regardless of any urgency claimed by the Contractor. E. The review of such drawings by the Architect will be general only. Such review shall not be interpreted as a checking of detailed dimensions or approval of deviations from plans and specifications, unless such a check or deviation is requested at time of submission. Review of drawings shall not relieve the Contractor of his responsibility for accuracy of same, nor for the furnishing of all materials required by the contract, even though same may not be indicated on the reviewed shop drawings. The Contractor must schedule the submission of shop drawings and schedules to allow the Architect a minimmn of ten working days, after receipt, for the review of each submission. The review of a shop drawing does not authorize changes from the Contract requirements as to materials, workmanship, extent of the work or price unless authorized in a separate Change Order. G. Submit shop drawings, vendor drawings and certified drawings, to the Architect with a transmittal letter or form addressed to 2KM Architects, Inc., 2275 Wrightsboro Road, Augusta, Georgia, 30904. Transmittals shall include the sender's name, the project nmnber, name of the Owner, a list of shop drawing nmnbers and titles and quantity of each print submitted. In addition, Contractor shall mark each drawing with the project number and name of the Owner. I I 1.2 SAMPLES I A. The "General Conditions covers samples. The following provisions shall also apply: 1. Name of Project 2. Location of Project 3. Name of Contractor 4. Material or Equipment Represented 5. Manufacturer's data sheets and drawings, if available I I B. Approval or acceptance of samples will not preclude the rejection of the completed work. After a material has been approved, no change in brand or make will be permitted, unless satisfactory evidence is presented to and approved by the Architect that the manufacturer cannot make delivery I I I DIVISION 1 - GENERAL REQUIREMENTS SECTION 01700 - EXECUTION REQUIREMENTS I 1.1 PART 1- GENERAL I I I 1.2 I SUMMARY A. This Section includes general procedural requirements governing execution of the Work including, but not limited to, the following: 1. Construction layout. 2. General installation of products. 3. Progress cleaning. 4. Starting and adjusting. 5. Protection of the installed construction. 6. Correction of the Work. SUBMITTALS A. Submit in accordance with Section 01300 Submittals: 1. Detailed Schedule. 2. Protective barrier materials & layout & installation sequence. I PART 2 - PRODUCTS (Not Used) I 3.1 PART 3-EXECUTlON I I I I I I I 3.2 PREPARATION EXAMINATION A. Existing Conditions: The existence and location of site improvements, utilities, and other construction indicated as existing are not guaranteed. Before beginning work, investigate and verify the existence and location of mechanical and electrical systems and other construction affecting the Work. . 1. Before construction, verify the location and points of connection of all utility services. B. Existing Utilities: The existence and location of utilities and construction indicated as existing are not guaranteed. Before beginning work, investigate and verify the existence and location of utilities and other construction affecting the Work. 1. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, water-service piping; and electrical services. c. Acceptance of Conditions: Examine substrates, areas, and conditions, with Installer or Applicator present where indicated for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. 1. Examine rough-in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation. 2. Examine walls, floors, and ceilings for suitable conditions where products and systems are to be installed. 3. Proceed with installation. only after unsatisfactory conditions have been corrected, Proceeding with the Work indicates acceptance of surfaces and conditions. I A. Existing Utility Infonnation: Verify information on utilities that is necessary to adjust, move, or relocate existing work affected by construction. B. Field Measurements: Take field measurements to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. I I EXECUTION REQUIREMENTS 01700 - 1 I I I I I I I I I I I I 3.6 I A. B. I C. I D, I 1. Comply with requirements in NFP A 241 for removal of combustible waste materials and debris. 2. Do not hold materials more than 7 days during nom1al weather or 3 days if the temperature is expected to rise above 80 deg F (27 deg C), 3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. B. Site: Maintain Project site free of waste materials and debris. C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. 1. Remove liquid spills promptly. 2. Where dust would impair proper execution of the Work, broom-clean and vacuum the entire work area, as appropriate. D. Installed Work: Keep installed. work clean. Clean installed surfaces according to written instruction of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. F. G. Waste Disposal: Burying or burning waste materials on site will not be pennitted. Washing waste materials down sewers or into waterways will not be pennitted. H. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. 1. Clean and provide maintenance on completed construction as frequently as necessary through the remainder' of the construction period. J. Limiting Exposure: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to unauthorized access by non-construction personnel during the construction period. STARTING AND ADJUSTING Start equipment and operating componerits" to' 'confirm proper operation. Remove malfunctioning units, replace with new units, and retest. Adjust operating components for proper operation without binding. Adjust equipment for proper operation. Test each piece of equipment to verify proper operation. Test and adjust controls and safety devices. Replace damaged and malfunctioning controls and equipment. Manufacturer's Field Service: If a factory-authorized service representative is required to inspect field-assembled components and equipment installation, comply with manufacturer's qualification requirements. I 3.7 PROTECTIVE OF INSTALLED CONSTRUCTION A. I B. I Provide fmal protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. Comply 'With manufacturer's '\Titten instruction for temperature and relative humidity. EXECUTION REQUIREMENTS 01700 - 3 I DIVISION 1 - GENERAL REQUIREMENTS SECTION 01710 - CLEANING I PART I-GENERAL I 1.1 SUMMARY I A. Prior to fmal acceptance by the Owner, the building and surrounding grounds are to be put in clean and orderly condition. In all instances, the subcontractors are directly responsible for the neatness and orderliness of their work. However, it will be the General Contractor's fmal responsibility to ascertain the entire project is in a thoroughly clean and acceptable condition. I 1.2 CLEANING OF METAL WORK I A. All exposed metal work shall be thoroughly cleaned before final acceptance of the project. During construction, all exposed metal, finish hardware and all other exposed finish metals shall be protected with polyethylene film, Vaseline or other appropriate protective covering. Immediately prior to fmal acceptance, such metals shall be thoroughly cleaned. No damaged, scratched, stained, injured or discolored materials will be accepted and must be replaced. I 1:3 EXTERIOR CLEANING I A. The grounds around the buildirig, lay-down and work areas, are to be left in a clean condition. Trash, debris, or unused materials are to be removed from the site. Included is the final cleaning of all existing work soiled or damaged by construction activities. I 1.4 FINAL CLEAN-UP A. Prior to Architect's Final Inspection, execute fmal clean-up as follows: 1. Remove all debris from building site. 2. Remove all stains, spots, marks, and dirt from new finish surfaces of the work. I I PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) I END OF SECTION I I I I I I I CLEANING 01710-1 I I DIVISION 1 - GENERAL REQUIREMENTS SECTION 01732 - SELECTIVE DEMOLITION PART 1 - GENERAL I 1.1 SUMMARY I I 1.2 I I I A. This Section includes the following: 1. Demolition and removal of select portions of the site improvements. B. Related Sections: The following Sections contain requirements that relate to this Section: '1. General Conditions for Schedules and Coordination procedures for demolition operations. DEFINITIONS A. Remove: Remove and legally dispose of items except those indicated to be reinstalled, salvaged, or to remain the Owner's property. B. Remove and Salvage: Items indicated to be removed and salvaged remain the Owner's property. Remove, clean, and pack or crate items to protect against damage. . Identify contents of containers and deliver to Owner's designated storage area. c. Existing to Remain: Protect construction indicated to remain against damage and soiling during demolition. 1.3 MATERIALS OWNERSIDP I I 1.4 I A. B. I I C. I 1.5 QUALITY ASSURANCE A. Except for items or materials indicated to be reused, salvaged, or otherwise indicated to remain the Owner's property, demolished materials shall become the Contractor's property and shall be removed from the site with further disposition at the Contractor's option. SUBMITTALS General: Submit each item in this Article according to Specification Section 01300 Submittals, for information only, unless otherwise indicated. Schedule of demolition activities indicating the following: 1. Detailed sequence of demolition and removal work, with starting and ending dates for each activity. Record drawings at Project closeout according to "Contract Closeout" procedures. 1. Identify and accurately locate capped utilities and other subsurface structural, electrical, or mechanical conditions, I A, Demolition Firm Qualifications: Engage an experienced firm that has successfully completed demolition Work similar to that indicated for this Project. I B. Regulatory Requirements: Comply with governing EP A notification regulations before starting demolition. Comply with hauling and disposal regulations of authorities having jurisdietion. 1.6 I A, PROJECT CONDITIONS B, I I Site improvements to have selective demolition will be vacated and their use will be discontinued. Owner aSStunes no responsibility for actual condition of buildings to be demolished. 1. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical. SELECTIVE DEMOLITION 01732-1 I adjacent areas to condition existing before start of demolition. I 3.6 DEMOLITION I A. Selective Demolition: Demolish portions of the site improvements completely and remove from the site. Use methods required to complete Work within limitations of governing regulations and as follows: 1. Dispose of demolished items and materials promptly. On-site storage or sale of removed items is prohibited. I B. Damages: Promptly repair damages to adjacent work caused by demolition operations. I 3.7 DISPOSAL OF DEMOLISHED MATERIALS A. General: Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on-site. I B. Burning: Do not burn demolished materials. I C. Disposal: Transport demolished materials off Owner's property and legally disposes ofthem." 3.8 SCHEDULE I A. The site will be available for the time of construction. B. All work must be complete and accepted in confonnance with documented schedule. I I END OF SECTION I I I I I I I I I SELECTIVE DEMOLITION 01732-3 I I DIVISION 1 - GENERAL REOUIREMENTS SECTION 01770 - CLOSEOUT PROCEDURES PART 1- GENERAL I 1.1 SUMMARY I I 1.2 I I I I I I I I B. I I 1.3 A. This Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Inspection Procedures. 2. Record Drawings. 3. Closeout Documentation. 4. Operations and Maintenance (0 & M) Manuals. SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, the Contractor shall complete the following: 1. Prepare a list of items to be completed and corrected "Preliminary Punch List", indicate the value of items on the list, and reasons why the Work is not complete. The Architect will evaluate and add items as necessary at time of inspection.. 2. Advise Owner of pending insurance change over requirements. 3. Submit specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5, Prepare and submit Project Record "Red Lined Prints", operation and maintenance manuals, and similar final record infonnation. 6. Deliver tools, spare parts, extra materials, and similar items to a location designated by the Owner. Label with manufacturer's name and model number where applicable. 7. Make final change over ofpennanent locks and deliver keys to Owner. Advise Owner's personnel of change over security provisions. 8. Complete startup testing of systems. 9. Submit test records and certifY water systems sterilization tests. 10. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. 11. Advise Owner of change over in power and other utilities. 12. Submit change over information related to Owner's occupancy, use, operation, and maintenance. 13. Complete fmal cleaning requirements, including touch-up painting. 14. Touch-up and otherwise repair and restore marred exposed finishes to eliminate visual defects, Inspection: Submit a written request for inspection for Substantial Completion. 1. Results of completed inspection will form the basis of requirements for Substantial Completion. 2. Contractor shall identify the schedule to complete all work for certified "Final Completion". A. FINAL COMPLETION I I I Preliminary Procedures: Before requesting Final Inspection for determining date of Final Completion, complete the following: 1. Submit a Final Application for Payment according to Division 1 Section "Payment Procedures" . 2. Submit certified copy of Architect's Substantial Completion inspection list of items to be completed or corrected (Preliminary Punch List), endorsed and dated by Architect. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance, 3. Instruct Owner's personnel in operation, adjustment, and maintenance of products, I CLOSEOUT PROCEDURES 01770-1 I I I I I I I I I I I I I I I I I I I I 3. 4. Refer to each specification section for Close-Out and 0 & M information. Final payment will not be processed or reviewed by Architect until all Closeout DocillDents and Operations and Maintenance manuals are completed. I I B. The balance of the warranties, operations and maintenance material shall be divided into manageable sections and binders. See Section 01300 Submittals. 2.3 ' OPERATIONS AND MAINTENANCE MANUAL I A. Submit three copies of each manual. Label and index each manual. Include project title and date of submittal. 1. Use heavy duty 3-ringbinders to acconnnodate data. Provide protective sleeves for loose and odd sized manufacturer's information. 2. Divide manuals into major categories, Division 1 - 16 per specification section: a. Tab 1 General- Division 1. b. Tab 2 Civil/Structural c. Tab 3-12 Architectural d. Tab 15 Mechanical e. Tab 16 Electrical I I I B. Include all required warranties and manufacturers data as required per each section of the specification. 1. Contractor shall review specification, log and track the necessary warranties. . 2. Architect will review submittal log with Owner for completeness. 3. Include procedures to follow and required notifications for warranty claims, I I '. C. Include copies of transmittals for required materials. D. Include maintenance procedures for installed products, 1. Inspection procedures. 2. Types of cleaning agents to be used and method of cleaning, 3. List of cleaning agents and methods of cleaning detrimental to product. 4. Provide schedule for routine cleaning and maintenance. 5. Repair instructions. I I I END OF SECTION I I I I I I I CLOSEOUT PROCEDURES 01770-3 I I DMSION 2 - SITEWORK SECTION 02210 - TOPSOIL & FINISH GRADING I 1.1 PART 1 - GENERAL SUMMARY I I 1.2 I A. This Section includes the following: 1. Topsoil. 2. Finish Grading. 3. Topsoil stripping, stockpiling, and rough grading. JOB CONDITIONS A. Topsoil Quantity: Existing Topsoil quantity is not sufficient for completion of work of this Section, Provide additional imported topsoil at no additional cost to the Owner to complete the fInish grading and topsoil. I 2.1 PART 2 - PRODUCTS MATERIALS I I I A. Topsoil: Natural, friable, fertile, fme loamy soil possessing characteristics of representing topsoils on the vicinity which produce a heavy growth; free from subsoil, weeds, litter, sods, stiff clay, stones larger than one inch diameter, stumps, roots, trash, toxic substances, or any materials which may be hannful to plant growth or hinder planting operations; having a minimum pH of 6.0 and a maximum pH of7.0 and obtained from naturally well drained areas which have never been stripped before. The pH testing results of the new topsoil shall be submitted to the Owner/Architect prior to beginning planting operations. Topsoil shall not be delivered in a frozen or muddy condition. PART 3 - EXECUTION 3.1 INSTALLATION I I I I I I H. I 3.2 FIELD QUALITY ASSURANCE Remove from site, and legally dispose of, excess topsoil. A. Spread topsoil after subgrade has been regraded and approved by Architect. B. Before depositing and spreading topsoil, rake subsoil surface clean of stones, debris or rubbish and loosen to a depth of3-inches. C. Establish fInish grades and place topsoil at planting and lawn areas. D. Spread, rake, compact and manipulate topsoil to form a settled thickness of 3-inches throughout all lawn areas and a thickness of 6-inches throughout all shrub and/or groWld cover beds. 1. Finish grade for all areas shall be 2-inches below adjacent paved surfaces or curbs. 2. Allow sufficient space for placement of3-inch layer of mulch in planting beds. R Remove hard clods, stiff clay, sods, stones, roots, sticks, and debris over I-inch. F. Do not spread topsoil in muddy or frozen conditions. G. Provide positive drainage from all fInished graded areas, I B. A. Finish grade shall have a minimum deviation from proposed grades of not more than I-inch in 10-feet. I Provide fInish surface free of ruts, rocks, and clods, TOPSOIL & FINISH GRADING 02210-1 I I DIVISION 2 - SITE CONSTRUCTION SECTION 02300 - EARTHWORK PART 1 - GENERAL I 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Condi- tions and Division 1 Specification Sections, apply to this Section. I 1.2 I I I I 1.3 I I I I I D. E. I I F. G. I SUMMARY A. This Section includes the following: .1. Preparing subgrades for slabs-on-grade walks pavements lawns and grasses. 2. Excavating and backfilling for buildings and structures. 3. Drainage course for slabs-on-grade. 4. Subbase course for concrete pavements. 5. Subbase and base course for asphalt paving. 6. Subsurface drainage backfill for walls and trenches. 7. Excavating and backf11ling for utility trenches. . 8. Excavating and backfilling trenches for buried mechapjcal and electrical utilities and pits for buried utility structures. DEFINITIONS A. Backfill: Soil material or controlled low-strength material used to fill an excavation. 1. Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to support sides of pipe. 2. Final Backfill: Backfill placed over initial backfill to f11l a trench, B. Borrow Soil: Satisfactory soil imported from off-site for use as fill or backfill. C. Excavation: Removal of material encountered above sub grade elevations and to lines and dimen- sions indicated. ' 1. Authorized Additional Excavation: Excavation below sub grade elevations or beyond in- dicated lines and dimerisionsas directed by Architect. Authorized additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work. 2. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions without direction by Architect. Unauthorized excavation, as well as . remedial work directed by Architect, shall be without additional compensation. Fill: Soil materials used to raise existing grades. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below the ground surface. Sub grade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill immediately below subbase, drainage fill, or topsoil materials. ' Utilities: On-site underground pipes, conduits, ducts, and cables, as well as underground services within buildings. 1.4 PROJECT CONDITIONS I A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by Architect and then only after arr.anging to provide temporary utility ser- vices according to requirements indicated. 1. Notify Architect not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Architect's written permission, I I I I I I I I I I I I 3.10 I I I I 3.11 I I I I I 1. Excavations for Footings and Foundations: Do not disturb bottom of excavation. Exca- vate by hand to fmal grade for placing concrete. Trim bottoms to required lines and grades to leave solid base to receive other work. 3.6 SUBGRADE INSPECTION A. Notify Architect when excavation work is complete. B. If Architect determines that unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed. 3.7 BACKFILL A. Place and compact backfill in excavations promptly, but not before completing the following: 1. Removing trash and debris. 3.8 COMPACTION OF SOIL BACKFILLS AND FILLS A. Compact soil materials to not less than the following percentages of maximum dry unit weight ac- cording to ASTM D 1557: 1. Under lawn or unpaved areas, scarify a:QQ,.re.compact top 6 inches below sub grade and compact each layer of backfill or:fill soil matenal at 90 percent. 3.9 GRADING A. General: Unifonnly grade areas to a smooth surface, free of irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated, 1. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft spots, fill low spots, and trim high spots to comply with required surface tol- erances. PROTECTION A: Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. B. Repair and reestablish grades to specified tolerances where completed or partially completed sur- faces become eroded, rutted, settled, or where they lose compaction due to subsequent construc- tion operations or weather conditions. c. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soifinatenal, compact, and reconstruct surfacing. 1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to greatest extent possible. DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off Owner's property. END OF SECTION EARTHWORK 02300 - 3 I I DIVISION 3 - CONCRETE SECTION 03300 - CAST-IN-PLACE CONCRETE PART 1 - GENERAL I 1.1 SUMMARY A. This Section specifies cast-in-place concrete, including reinforcement, concrete materials, mix de- sign, placement procedures, and finishes. I I 1.3 I I 1.4 I I I I I B. Related Sections mclude the following: 1. Division 2 Section "Earthwork" SUBMITTALS A. General: In addition to the following, comply with submittal requirements in ACI 301. B. Product Data: For each type of manufactured material and product indicated. C. Design Mixes: For each concrete mix. QUALITY ASSURANCE A. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete prod- ucts complying with ASTM C 94 requirements for production facilities and equipment. B. Source Limitations: Obtain each type of cement of the same brand from the same manufacturer's plant, each aggregate from one source, and each admixture from the same manufacturer. C. Comply with ACI301, "Specification for Structural Concrete," including the following, unless modified by the requirements of the Contract Documents. 1. General requirements, including submittals, quality assurance, acceptance of structure, and protection of in-place concrete. 2. Formwork and form accessories. 3. Steel reinforcement and supports. 4. Concrete mixtures. 5. Handling, placing, and constructing concrete. PART 2 - PRODUCTS 2.1 FORMWORK I A. Furnish formwork and form accessories according to ACI 301. I A. 2.2 STEEL REINFORCEMENT I B. C. I 2.3 Reinforcing Bars: ASTM A 615/A 615M, Grade 60, deformed. Plain-Steel Wire: ASTM A 82, as drawn. Plain-Steel Welded Wire Fabric: ASTM A 185, fabricated from as-drawn steel wire into flat sheets. I A. CONCRETE MATERIALS B. I C~ I Portland Cement: ASTM C 150, Type I. Normal-Weight Aggregate: ASTM C 33, uniformly graded, not exceeding 3/4 nominal size. Lightweight Aggregate: ASTM C 330. CAST-IN-PLACE CONCRETE 03300 - 1 I D. Water: Potable and complying with ASTM C 94. 25 AD~nYTTml?S I I I I 2.6 I I I I A. General: Admixtures certified by manufacturer to contain not more than 0.1 percent water-soluble chloride ions by mass of cement and to be compatible with other admixtures. Do not use admix- tures containing calcium chloride. B. Air-Entraining Admixture: ASTM C 260. C. Water-Reducing Admixture: ASTM C 494, Type A. D. High-Range, Water-Reducing Admixture: ASTM C 494, Type F. CONCRETE MIXES A. Comply with ACI 301 requirements for concrete mixtures, B. Prepare design mixes, proportioned according to ACI 301, for normal-weight concrete determined by either laboratory trial mix or field test data bases, as follows: 1. Compressive Strength (28 Days): 3000 psi. 2. Slump: 5 inches (+/- I"). a. Slump Limit for Concrete Containing High-Range Water-Reducing Admixture: Not more than 8 inches after adding admixture to plant- or site-verified, 2- to 3- inch slump. C. Add air-entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content of2.5 to 4.5 percent. 1. Air content of trowel-finished interior concrete floors shall not exceed 3.0 percent. 2.9 CONCRETE MIXING I I A. Ready-Mixed Concrete: Comply with ASTM C 94 and furnish batch ticket information. 1. When air temperature is between 85 and 90 deg F, reduce mixing and delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F, reduce mixing and delivery time to 60 minutes. I 3.1 PART 3 - EXECUTION FORMWORK I 3.3 A. Design, construct, erect, shore, brace, and maintain ron.i.:...,urk according to ACI 301. I A. STEEL REINFORCEMENT Comply with CRSl's "Manual of Standard Practice" for fabricating, placing, and supporting rein- forcement. I A. 3.5 CONCRETE PLACEMENT I B. Comply with recommendations in ACI 304R for measuring, mixing, transporting, and placing concrete. I C. Consolidate concrete with mechanical vibrating equipment. Do not add water to concrete during delivery, at Project site, or during placement. I I CAST -IN-PLACE CONCRETE 03300 - 2 I 3.7 I I I I I FINISHING UNFORMED SURFACES A. General: Comply with ACI 302.1R for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces. B. Screed surfaces with a straightedge and strike off. Begin initial floating using bull floats or dar- bies to form a uniform and open-textured surface plane before excess moisture or bleedwater ap- pears on the surface. 1. Do not further disturb surfaces before starting finishing operations. C. Trowel and Fine-Broom Finish: Apply a partial trowel finish, stopping after second troweling, to surfaces indicated and to surfaces where ceramic or quarry tile is to be installed by either thickset or thin-set methods. Immediately after second troweling, and when concrete is still plastic, slightly scarify surface with a fine broom. D. Nonslip Broom Finish: Apply a nonslip broom fmish to surfaces indicated and to exterior con- crete platforms, steps, and ramps. Immediately after float finishing, slightly roughen' trafficked surface by brooming with fiber-bristle broom perpendicular to main traffic route. I 3.8 TOLERANCES A. Comply with ACIl17, "Specifications for Tolerances for Concrete Construction and Materials." I 3.9 I I I C. I D. I I 3.10 FIELD QUALITY CONTROL CONCRETE PROTECTION AND CURING A. General: 'Protect freshly placed concrete from preIl1llture drying and excessive cold or hot tem- peratures, Comply with ACI 306.1 for cold-weather protection, and follow recommendations in ACI 305R for hot-weather protection during curing. B. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy condi- tions cause moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. Begin curing after fmishing concrete, but not before free water has disappeared from concrete sur- face. Curing Methods: Cure formed and unformed concrete for at least seven days by moisture curing, moisture-retaining-cover curing, curing compound, or a combination of these as follows: 1. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to rnanufacturer'swritten instructions, Recoat areas subjected to heavy rainfall within three hours after irlitial:application. Maintain continuity of coating and repair damage during curing period. I A. Testing Agency: Engage a qualified independent testing and inspecting agency to sample materi- als, perform tests, and submit test reports during concrete placement according to requirements specified in this Article, Perform tests according to ACI 301. B. Testing Frequency: Obtain one composite sample for each day's pour of each concrete mix ex- ceeding 5 cu. yd. I 3.11 REPAIRS I A. I I Remove and replace concrete that does not comply with requirements in this Section. END OF SECTION CAST-IN-PLACE CONCRETE 03300 - 3 I I DIVISION 11 - EQUIPMENT SECTION 11705 - PLAYGROUND EQUIPMENT PART 1 - GENERAL I 1.1 SUMMARY A. This Section includes playground equipment indicated on Drawings and schedules. 1. Signage. 2. Play-safe mulch, I I B. Related Sections include the following: 1. Division 2 Section 02300 Earthwork. 2. Division 3 Section 03300 "Cast-in-Place Concrete" for equipment foundations. 1.2 SUBMITTALS I I I I I D. I I A. Product Data: For each type of service equipment indicated. Include manufacturer's model num- ber and accessories and requirements for .access and maintenance clearances, water and drainage, power or fuel, and service-connections including roughing-in dimensions. B. Shop Drawings: For service equipment not manufactured as standard production and catalog items by manufacturers. Include plans, elevations, sections, roughing-in dimensions, fabrication details, service requirements, and attachments to other work. C. Coordination Drawings: For locations of service equipment & service utilities. Essential equip- ment with item numbers & descriptions indicated in Contract Documents. Include plans & eleva- tions of equipment, access-/maintenance-clearance requirements, details of concrete or masonry bases, floor depressions, and service-utility characteristics. Show all piping, fittings, and utilities. Samples for Initial Selection: Manufacturer's color charts showing the full range of colors avail- able for exposed products with color finishes. ' E. Maintenance Data: Operation, maintenance, & parts data for service equipment to include in main- tenance manuals specified in Division 1. Include a product schedule as follows: 1. Product Schedule: For each service equipment item, include item number & description indicated in Contract Documents, manufacturer's name and model number, and author- ized service agencies' addresses and telephone numbers. 2. Provide video of on-site training to using Agency. I A. 1.3 QUALITY ASSURANCE I E. I C. I D. I E. I F. I Installer Qualifications: Engage an experienced installer to perform work of this Section who has specialized in installing service equipment, who has completed installations similar in design and extent to that indicated for this Project, and who has a record of successful in-service performance. Manufacturer Qualifications: Engage a finn experienced in manufacturing service equipment simi- lar to that indicated for this Project and with a record of successful in-service performance. . Source Limitations: Obtain each type of service equipment through one source from a single manufacturer. Product Options: Drawings indicate service equipment based on specific products indicated. Other manufacturers' equipment with equal size & performance characteristics may be cO!1sidered. Refer to Section F for substitutions form and prior approval submittal requirements. Regulatory Requirements: Comply with Georgia child safety laws and provisions. Seismic Restraints: Provide seismic restraints for all equipment. PLAYGROUND EQUIPMENT 11700 - 1 I I PART 3 - EXECUTION I 3.1 EXAMINATION A. Examine areas and conditions, with Installer present, for compliance with requirements for instal- lation tolerances, and other conditions affecting installation and performance of playground equip- ment. Do not proceed with installation until unsatisfactory conditions have been corrected. I I 3.2 I I I I I E. B. Examine rough-in for piping, mechanical, and electrical systems to verify actual locations of con- nections before installation. INSTALLATION, GENERAL A. Install playground equipment level and plumb, according to manufacturer's written instructions, original design, and referenced standards. B. Indicate field joints and methods of connection on Shop Drawings. Complete equipment field as- sembly, where required, using methods indicated by manufacturer. . 1. Provide 'closed butt and contact joints that do not require a filler. 2. Smooth and polish to match adjacent fInish. C. Install equipment with clearances according to manufacturer's written safety instructions, and re- quirements of authorities having jurisdiction. D. Except for mobile and adjustable-leg equipment, securely anchor and attach items and accessories to walls, floors, structural steel, or bases with corrosive resistant steel fasteners, unless otherwise indicated. I A. 3.3 PROTECTING Install equipment on concrete bases in a bed of sealant. I I I I I I I I Provide fmal protection and maintain conditions, in a manner acceptable to manufacturer and In- staller that ensure playground equipment is without damage or deterioration at the time of Archi- tects Final Certification. END OF SECTION PLAYGROUND EQUIPMENT 11700 - 3