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Home My WebLink AboutPAVEWAY OF AUGUSTA HENRY BRIGHAM COMMUNITY CENTER TENNIS COURTS _ � PRO�J�CT I�tANI!►�L HE`NRY BRIGHAM CC?MMUNITI' C�t�TER TENt�ES CQUR�S 2463 GOLDEN CAMP ROAD, AUGUSTA, GA 3Q906 PROJECT Nl1MBER: �DBG #20'! 0-R GRANT RE�tPiENT AU�USTA RECREATION & PARKS L3EPARTlVL�N7' 2D27 LUMPKll1! ROAQ ' AUGUS�A, GA 309�s ;; � - AF�CH�'��CTi 2KN( ARCHITECTS 2275 tIVRfGHTSBORO R�A� A ��USTA, �A 30904 74a"- 736-3333 � AU�USTA HOUS[NG & CaMl�l[Ut�ITY' DEVE�QPMENT DEPAE�TIU�Et�T g25 LANEY-L�ALKER �OUCEt/ARD, SF�OND FLOOR �lu�us7a, G,4 309D� �HOnr��TOS� 82�-��sz �,ax ��os1 s��-��s� - �.,-;---��---� ��.�� I �� ,� � "�� , -�` ��..��:��``.:� ��=....��., � ��'�� ' ' ' 1 BfDDING IN�ORMATION � � • Invitation To Bids � • Sealed Bid Selection Method ' • B siness Pro ram Disclaimer Small u g � • Attachment B — Pages 1-3 ' (Statement of Non-Discrimination: Non-Collusion Affidavit of Prime Bidder/Offeror: Conflict of Interest ' & Contractor Affidavit & Agreement) • Subcontractor A�Fidavit 1 • Non-Collusion �ffidavif of Subcontractor 1 • Local Small Business Oppor�unity Program ' Forms � 1 1 � ��i�a�i�� `�� ia Sealed bids will be received at this o�ce unfil 3:00 p.m., Thursday, Februarv 17, 2011, for furnishing: ; Bid Item #:11-096 Project: �9enry Brpgham Community Cenfer Tenn�s CourEs far Housing o� Comcnunity f)evefopment C3e}�ai�ment 2463'Golden Carnp'Road,' Augusta, G,� 30906 Bids wiil 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 Augusfa, Georgia 30901 706-821-2422 ` Bid documents may be examined:at the office of the Augusta, GA Procurement Department, 530 Greene Sfreet — Room,605, Augusta, GA 30901. Plans and speeifications for;the project shall be.obtainecl by,all prime, subconfractors and suppliers euc0usivel from Digita8 �Bue Print. Th� fees for the pfans and _. _ specifications vv6�ich are non;refurodable ps'$25:OQ. . Documents may also .be examined during regular business ho at the F. W. Dodge Flan Room, 1281 Broad Street, Augusta, GA 30901.. lt is the wish of the Owner that afl businesses are given the opportunity to submit on this project: To facilitate this policy fhe Owner is providing the op.portunity `to view plans onfine (wuvw.�icyblue�rir�t.c��o) at no charge through Digital Blue'Print (706 821-0405)'beginning Thursday, January 6; 2011. : Bidders are caufioned that submitting a package, irvithout'Procurement of a complete sef are fikely to overlook-issues of construction,phasing, delivery of-goods or services, or coordination' with other w�rk that is material to the successful completion of the, 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 Mandagory Rre-�id Conference `wifl .be he9d or� Tuesdav, Februarv, '9 '2011 @ 1Q:00 a.rr�: ic� the Procurement Department — Room 605. Afl questions ri�ust `be subiri�tted in' writing to the office of 'the �rocurement Departrv�ent by fax at 7.06-821=2811 or by email to :�rocb'id�s�ticeing�a��(�a�e��stia¢aa�:��v. t�o bic! will 'be a�cepted ,by fax, al8 must be received by mail oP hand de9iver�etl. .�+;Il quesfions aC� to be submitted in writing .by Thursday, Februa�y 3, 20'i 1@ 5;00 p:m. No Bid may be withdrawn for a period of 60 days afte� time has been called on the date of openin.g. A'i 0°/a `Bid borad is : rec�uired to be submitted 'on a separate envefope so �naPked along with the bidders' qa�alifications; .a 100% per�o�rraance'bond and a 10U% payment .bond vvil@ be eequired for awareE. An invitation #oc bids shall be issued by the Procurement Office and shall indu.de specificati�ns prepared in accordance with:Article 4(Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limitetl to, the number of copies needed, the`timing of the' submission, the required financial data, and any other requirements designated by fhe Procurement Department are considered material condifions of the bid which :are not waiveable or modifiable by the Procurement Director. .Please mark BfD number on the outside of the envelope. f3isadvan�age Busaness Enterprise (D�E} Augusta-Richmond County, Geo¢�gia c6oes no# operate a DBE, MB� or WBE Program,for Auga�sta funded projects, as a Federal Court has enfered an Orc&er enjoining the Race-�ased,;portion of Augusfa's DBE Progr�rn. lnstead �uge�sfia opera�es a Loeal Small ��siness Oppo�unigy Prograrn. However, for:various projeets u�ilizing the expend'atur� of State or Federal fa�nc6s Okugus�a enforces DBE requireav�ents and/or D�� goals set by the FecBeral andloo� State Agencies in accordanee with State and Eedecal Iaws. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle January 6, 13, 2Q 27, 2011 Metro Courier January 12, 2011 i ' A- � ' � SEALED BIDS SELECTION METHOD ' A method for submitting a bid to perform work on a proposed contract. In general, each party interested submits ' a bid in a sealed envelope, and all such bids are opened at the same time and the most favorable responsible bid is accepted. All bid responses wili be retained as property of Augusta-Richmond County. , Conditions for use. All contracts of Augusta-Richmond County shall be awarded by competitive sealed bidding except as otherwise provided elsewhere in this article (see § 1-10-45 - Sealed Proposals; 1-10-46 - Professional Services; 1-10-47 - Quotations; 1-10-49 - Sole Source Procurement; and 1-10-50 - Emergency Procurements, '— of this chapter). lnvitation forbids and specifications. An invitation for bids shall be issued by the Procurement Office and shali include specifications prepared in accordance with Article 4(Product Specifications), and all ' contractual terms and conditions, applicable to the procurement. Pre-bid conference and addendum. A conference to be conducted by the Procurement Director and using ' agency head, if appropriate, hearing will be scheduled at least five (5) working days before receipt of bids. While the pre-bid conference is not a requirement, it is strongty recommended and widely used to further acquaint interested bidders with the bid requirements and items to be purchased and vendor input. Any ' substantive changes to specifications resulting from the pre-bid conference or other vendor/contractor sessions shall be documented in an addendum and communicated to all bidders registered for the procurement action. — Bid opening. Sealed Bids shall be opened publiciy in the presence of one or more witnesses at the time and ' place designated in the public notice and invitation for bids. The amount of each bid, and such other relevant information as the Procurement Director deems appropriate, together with the name of each bidder shall be recorded; the record and each bid shall be open to pubiic inspection in accordance with § 1-10-5 (Public Access ' to Procurement Information). Bid accepfance and bid evaluation. Provided that the bids are delivered to the Procurement Director at the time, place, and under the conditions contained in the Invitation for Bids, the bids shall be conditionally accepted ' without alteration or correction pending evaluation. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include bidder responsiveness, capability and past performance, and criteria to determine acceptability such as inspection, testing, quality workmanship, delivery, and suitability for a ' particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objective and clearly measurable, including but not limited to discounts, transportation costs, and total or life cycle costs. The main advantage of using life-cycle costing is that both initial costs and related costs for the life of the item are considered. When the criterion for awarding the contract is based on lowest responsive bidder, it , may mean that the contract specifications are just minimally complied with. Selecting of the lowest bidder could result in a higher incidence of maintenance, and down-time could eat up any savings made if the Procurement process considers only the initial cost. Under no circumstance will anv bid be accepted bv fax or email All bids ' must be labeled and received in the Procurement office bv the due date and time There will be no exceptions made for anv late lost bv the qost office or express carrier or misdirected submittals Please be aware that vendors shall be removed from the vendor list for the following reasons: (1) Declining to offer bids for the period of time listed in specifications. ' (2) Suspension for the following shall not be for less than three (3} months or more than three (3) years ' (a) Failing to satisfactorily meet terms, agreements, or contracts made with the Procurement department or the using agency. (b) Being convicted of criminal offenses in obtaining contracts or convicted of ' embezzlement, violation of state or federal anti-trust statutes, or any other crime which indicates a lack of business integrity or honesty. , A-2 ' ' ' (c) Violating contract provisions or failing to perform without good cause or any other cause which the Procurement Director deems to be so serious as to affect the responsibility of a , contractor, including disbarment or suspension from a vendor list by another government entity. PREFERENCE FOR LOCAL SUPPLIERS AND CONTRACTORS ' (a) Augusta encourages the use of local suppliers of goods, services and construction products whenever possible. Augusta also vigorously supports the advantages of an open competitive market place. Nothing in this Section shall be interpreted to mean that the City Administrator or Purchasing Director is restricted in any ' way from seeking formal bids or proposals from outside the Augusta market area. (b) When the quotation or informal bids selection method is used by the Purchasing Director or using agency head to seek firms to quote on Augusta commodity, service and construction products, local firms should be contacted, if possible, first. Then if the Purchasing Director or using agency head believes that there ' may not be at least three qualified informal bidders, quotes shall be sought from outside the Augusta market area. (c) In the event of a tie of bid (see 1-10-43 (h)), when all other factors are equal, the City Administrator is ' encouraged to select the bid from within the local market area. The City Administrator shall retain the flexibility to make the award of contract to a bidder outside of the local market area if evidence supports collusive bidding in favor of a locai source. (d) The local vendor preference policy shall be applied when the lowest local bidder is within 5% or ' $10,000, whichever is less, of the lowest non-local bidder. The lowest local bidder will be allowed to match the bid of the lowest non-local bidder; if matched, the lowest local bidder will be awarded the contract. For purposes of this section, "local bidder" shali mean a business which: ' 1) Has had a fixed office or distribution point located in and having a street address within Augusta for at least six (6) months immediately prior to the issuance of the request for competitive bids or request for proposals by Augusta; and 2) Holds any business license required by the Augusta-Richmond County Code and ' 3) Employs at least one (1) full time employee, or two (2) part time employees whose primary residence is in Augusta, or if the business has no employees, the business shall be at least fifty percent (50%) owned by one or more persons whose primary residence is in Augusta. ' e) The Purchasing Director shall develop a program to routinely search out local firms that offer products or services which Augusta may purchase and encourage such firms to place themselves on the bidder's list. (f) The Purchasing Director shail work closely with Augusta's Businesses. , (g) Nothing in this section shali be interpreted to mean that the City Administrator may abrogate the provisions of O.C.G.A. 36-10-1 through 36-10-5, Public Works Contracts. This provision of the State Code requires that all County pubiic works contracts of $20,000 or more as defined therein, be publicly advertised before letting out the contract to the lowest bidder. Further, nothing in this section shall be , interpreted to mean the City Administrator may abrogate the provisions of the Augusta-Richmond � County Code requiring public advertising before letting certain contracts." ' Section 2. This Ordinance shall become effective upon adoption. Section 3. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. ' Section 4. If any section, provision, or clause of any part of this Ordinance be declared invalid or unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances be declared invalid or unconstitutional, such invalidity shall not be construed to affect portions of ' this Ordinance not so held to be invalid, or the application of this Ordinance to other circumstances not so heid to be invalid. It is hereby declared as the intent that this Ordinance would have been adopted had such invalid portion not be included herein. ' ' A-3 � ' BACKGROUND INFORMATION ON VENDORS. ' The Department Head and/or the Administrator is directed to provide the bid amount as submitted, information , concerning the vendor's previous performance, the service and quaiity of the products offered, the availability of the goods and services when needed, adherence to delivery schedules, and other criteria pertinent to that particular item, on vendors who have submitted bids, proposals, or contracts for the Commission's consideration. The information is to be included in the backup documents for the Commission's consideration in ' awarding the contract. INSPECTION OF PURCHASES. ' The Procurement agent in conjunction with the using agency or department head shall inspect, or supervise the inspection of, all deliveries of materials, supplies or contractuai services to determine their conformance with the ' specifications set forth in the pertinent purchase order or contract. The Procurement agent may require chemical and physical tests of samples submitted with bids and samples of deliveries, which examinations are necessary to determine quality of the samples and conformance with specifications. Letting the confract. The contract shall be awarded or let in accordance with procedures set forth herein. ' Award shall occur with reasonable promptness by appropriate written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. ' In addition to price and other material factors, the Procurement Director, in consultation with the using agency, shall consider the following in the context of award recommendations: (1 } The ability, capacity, and skill of the bidder to perform the contract or provide the services required, ' (2) The capability of the bidder to perform the contract or provide the service promptly or within the time specified, without delay or interference, ' (3) The character, integrity, reputation, judgment, experience, and efficiency of the bidder, (4) The quality of performance on previous contracts, ' (5} The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services, (6) The sufficiency of the financial resources of the bidder relating to his ability to perform the contract, , (7) The quality, availability, and adaptability of the supplies or services to the particular use required, , (8) The number and scope of conditions attached to the bid by the bidder, and (9) Service availability may be considered in determining the most responsible bid, and the bidders shall be , required to submit information concerning their ability to service and maintain the product of the equipment. Award to other than low bidder. When the award is not given to the lowest bidder, a full and complete ' statement of the reasons for placing the purchase order or other contract elsewhere shall be prepared and signed by the Procurement Director and/or Administrator and made part of the record file for audit proposes. Minority/Women Business Enterprise (MWBE) Policy: Court Order Enjoining Race-Based Portion ' of DBE Program. Augusta-Richmond County, Georgia does not operate a DBE, MBE or WBE Program but rather pursuant to its code of ordinances, this local government operates instead a Loca/ Smal/ Business Opportunity Program. , A _ 4 � i ' ' !_ �� ' -G�...- G �;" O I: G I A , i ' ' ' ' � Augusta-Richmond County, Georgia does not opera�e a DBE, MBE or WBE Program 1 but rather pursuant to its code of ordinances, this local government operates � . . instead a Local Small Business � Opportunity Program. � � � � 1 � Rev. 10/21 /09 ' A-5 , ' t f �. _ � ,s.,,. G E` t� 1� U T A ,, ' USE THE ATTACHED FORMS AND ADHERE TO THE INSTRUCTIONS ON EACH FORM '— PLEASE DO NOT SUBSTITUTE FORMS: ' Attachment B: Statement of Non-Discrimination, Non-Collusion Affidavit of Prime Bidder/Offeror, , Conflict of Interest and Contractor Affidavit and Agreement. Bidder's Proposal Form/Acknowledgement of Addenda ' Note: THE ABOVE FORMS MUST BE COMPLETED AND SUBMITTED WITH YOUR SUBMITTAL ' Georgia Security and Immigration Subcontractor Affidavit , Non-Collusion Affidavit of Sub-Contractor Local Small Business (LSB) Good Faith Efforts Locat Small Business (LSB) Subcontractor/Supplier Utilization Plan , Note: The successful vendor will submit the above forms to the Procurement Department not later than five (5) days after receiving the "Letter of Recommendation" (vendor's letter will denote ' the date forms are to be received) ' ' Local Small Business (LSB) monthly subcontractor/supplier utilization report will be submitted upon request. ' Bidders are cautioned that sequestration of BID documents through any source other than the office of ' the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. ' Rev. 3/10/10 ' A-6 ' — ' , ,� ' U E' O I'. G I A , ' Attachment B ' Listed below is a consolidated listing of the Statement of Non-Discrimination, Non-Collusion AfFidavit of Prime Bidder/Offeror, Conflict of Interest and Contractor Affidavit and Agreement. ' Please complete, date, notarize and return pages 1 of Attachment B with your submittal. Statement of Non-Discrimination ' The undersi ned understands that it is the policy of Augusta-Richmond County to promote full and 9 equal business opportunity for all persons doing business with Augusta-Richmond County. The , undersigned covenants that we have not discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to prime contracting, subcontracting or partnering opportunities. � The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable participation of local small businesses on the bid or contract awarded by Augusta- Richmond County. The undersigned further covenants that we have completed truthfully and fully the ' required forms regarding good faith efforts and local small business subcontractor/�u�plier utilization. The undersigned further covenants and agrees not to engage in discriminatory conduct of any ' type against local small businesses, in conformity with Augusta-Richmond County's Local Small Business Opportunity Program. Set forth below is the signature of an officer of the bidding/contracting entity with the authority to bind the entity. ' The undersigned acknowledge and warrant that this Company has been rnade aware of understands and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to do business with this Company; , That this promise of non-discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption; ' That the promises of non-discrimination as made and set forth herein shall be and are hereby deemed to be made as part of and incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and; ' That the failure of this Company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling ' the City of Augusta to declare the contract in default and to exercise any and all applicable rights remedies including but not fimited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and or forfeiture of , compensation due and owing on a contract. (Page 1 of 3) I A� 1 � Attachment B— Page 2 of 3 ' Non-Collusion of Prime Bidder/Offeror ' By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the proposal have been arrived at independently without collusion, consu(tation, , communications, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor. ' (b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening; directfy or indirectly, to any other vendor or , to any competitor. (c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership ' or corporation to submit or not to submit a proposal for the purpose of restricting competition. Collusions and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. Conftict of Interest � By submission of a bid, the responding firm certifies, under penalty of perjury, that to the best of its knowledge and beliefi � 1. No circumstances exist which cause a Conflict of Interest in performing the services required by ' this ITB, and - 2. That no employee of the County, nor any member thereof, not any public agency or official affected by this iTB, has any pecuniary inferest in the business of the responding firm or his sub-consultant(s) ' has any interest that would conflict in any manner or degree with the performance related to this ITB. By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its knowledge � and befief: (a) The prices in the bid 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 vendor or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in the bid have not ' knowingly been disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or competitor. c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership ' or cooperation to submit or not to submit a bid for the purpose of restricting competition. For any breach or violation of this provision, the County shall have the right to terminate any related contract ' or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration. ' (Page 2 of 3) ' A-8 ' _ _ ___ _ _ __. _ _ _ , , Attachment B— Page 3 of 3 Contractor Affidavit and Aareement ' By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13-10-91, stating a�rmativety that the individual, firm, or corporation which is contracting with Augusta Richmond County Board of Commissioners has registered with and is participating in a federai work ' authorization program� [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent #ederal work authorization program operated by the United States Department of Homeland Security to verify information of ' newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99- 603], in accordance with the applicability provisions and deadlines established in O.C.G.A 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in ' connection with the physical performance of services pursuant to this contract with Augusta Richmond County Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or ' a substantially simitar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta Richmond County Board of Commissioners at the time the subcontractor(s) is retained to perform such service. , Georgia Law requires your company to have an E-Verify"User ldentification Number on or after July 1, 2009. For additional informatio� visit the State of Georgia website: https://e and/or http�//www.dol.state.pa.us/pdf/rules/300 10 1.qdf , E-Verify * User ldentification Number The undersigned further agrees to submit a notarized copy of Attachment B and any required � documentation noted as part of the Augusta Richmond County Board of Commissions specifications which govern this process. In addition, the undersigned agrees to submit all required forms for any subcontractor(s} as requested and or required. I further understand that my submittal will be ' deemed non-compfiant if any part of this process is violated. ' Company Name BY: Authorized Officer or Agent , (Contractor Signature) Title of Authorized Officer or Agent of Contractor ' Printed Name of Authorized Officer or Agent ' SUBSCRIBED AND SWORN BEFOI�E �lIE ON THlS THE DF�Y OF , 20_ NOTARY SEAL , Notary Public My Commission Expires: ' Please compiete, c3ate, notarize and return pages 1-3 of Attachment B with your submittal Rev. 11l13/Q9 , {Page 3 of 3) A-9 �- „ .,. � � , � • . P.83 S�pR—I6-2fdli �Ai�� AR� �I.F�."�-.�' :1,►G . : � - , . , .-1 : . • . .. , r a . .\ . . _ .. a . � � , - _ 7 � � . . . . . t ` ... �... �� .• � _. ” . f �� . . 1.�. �r•,,.r � . ' .i' � `�� I - � . .. . ; C'i ` Q . � . 'fr % A . � .' � � sra �� a- ccar�r+t�r t�� c�so�� ar�pf�+a#„� - " �� ;. . 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BY: Auttpst�d Qfliaer a Agortv ' � �_._.�. ' . � °� /1�9�t� �f Q�it(` 33�CC �' �or9►e lav. rsQutnrs IK►�ar �o�p�pe� 4a 11�v�s an �i � C� ,. _ �j�ik+ar Ib�llasl�on Nnn+b�t oR ar aitar .hdy P(�rted i�it� Of Ati£t1o�FDe�d 4l:5oe�c t: A� i.. 2.a08. . F�d �. SURSCRlBB3 �ot+tD S�O�t HF.��' � d� Ot1'�;�., ;1�4E Frsc a�i�foua3.�nforrnatsoa: $htc of �ot�#s — ��f+r��N Stel� u�lp�fln�3fl4� 14' i o dl ��. � � '�. DAY DF ,�,,,, 24_�� _ � ry F�rbC� .......:.r.�_.., ah' � . �� •��._._� _ - ��r�. .- _ c� tlm�s � no �r� a�rt�+� t}�'�,�rt rRu�t ��c:� (w� i�11, �Epn. da� and �. No� Tfie at��esslu! �or a�r7Y sr�m�t �e �4re S� EYS t� P��wst I9ep�6� llrp iHNof.�ft�hYr' �� ►rD lf1� "i�t�` JRa+��rau,�caaraP�aarr" (3��ttaft+�'`'$ E81�y°W,� d�np�ie the efate foq'r1s �tev. �untltp CtA 6�q �t?�!'90 Henry,$�t To�r�s Co�rt Pttt�e? erf x � r�ul ?1auCfi l7�.f' (-,/^-,'r'f ' , M�-26-2rdi1 @9=51 �'iC PLRQ'l�SIt�R3 P.04 /� ; r1 , , � �. ' • � G.F D A L� I i. A 1 �► � r,�n► � i� �e c�a. a� �� c � �a ey oe � ' I�ION-CGL.I.LJSK3M AF�IDAYR OF 8v9CON'f RAf:TOF� !�� t' � i l�° c�t(y tt�i �is bid or proposaE fs �de vr�t�oui p�nr tmdersia�,c�c�g, .. , agreen�eht or ooc+�ction vaith s�►ca�rporat�n, �tm ot �n subml� a bid forthe s�me work laba or �eevice to be done a mc sup�s, c+safefials a equipmes�ct to ba ivrnished and is im e� r�b f�if ffi+d w�itwts� coNusion or ' fravd. ► unde�rstand ��ve bid�ng Is a v�nt�5on of slatia and fieder !�w �e�d Can �eactdt � l�es. Drisolf ses�nves and CivA d�msgPS a�ds, l a��0e /o abide by a� Conditl�ns a�F�is b9d r� �rop�a{�d ce�'1ii'rth# 1'ffiT18t1C�otQec# OD si�gn �riis tAd a propasa! fat !ha bicleter. � Af&aM fu ' U �� J.� :��r�30�9��'1 (dj srM (e)� ' tras riok. �r itsefE or wQh a�her�s, a�y or ;�+d�ee�y. .P►e+�erA�d atlempoed proverst oorap�tltioct in aura► biticfirQ �p�p� �!► enY lmeat�s �ever. Aif'�! t�xM�er stata: t�art (s�e has nat aravar� or endeavore4 to arevent anyone from mak�g a bie xtifFet aa tfie �ojeet bY�Y msans M+hatavar. nor has Aiflas�a c�e4 or indeecee anotl�er to witt�drarr e bid ar�� 1a �a wai� ' At'frdnl fur�'�el � ttr�st 2E,e 6aid Cffes 06 !a bOtsa &ie, Bt1d 1hatlfb.onElae� goc�@ ��►+! s�QpNer �td BNe�r�pted 4o ge4 � Pe*son or GDtnp�� fiun�1� ttie tr�aserials �a the dldder cNy, ot iF furnis eny ottier Dfddec. tl�at tRa. a1ale�d simtt he at a pr� ' °f rty Re�lt�ve IrJ �it� �itl@ ' s�wo�r► m ana �! t�ote me stus s� 2� �ay �f ZpL . I ��Y�a� � Pu�: �R; s �A.�►b c� ra�„gy . .. . ^ - . 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WtLa �� a � ° ' ' c '1 m � y ' J F O � Zp W ++ > > W F O �� o � W H , t� W F"' p � 0 p � w Q 00 `� �- � � W Z Zr � � a ' O �c� � � m Q Q�a W O N a ,J Q. � a w � W a ' N � � � � �� _ � Z� a m vi O V E � = W N ' �ZU U � cD ° Z ° N Jm � � � ° i 0..0 � a Z = x m OQ 3 � �U � o y J s a �o Q m o '— w �,,, � 0 0 �r Z ~ � �� o � H � � °' ° w z W ti � o�o m W � F a � � :_' o � J 3 �- W 3 0 J G' -° Z C� � `. � tn = Z I N Z a � � � a � I- o W ta " a ' � c� � � (� O -� O � W a z N � o` i aF- ' � �o W � � OQ d � o¢ � a � � , U C � � '� a � .a � Z Q y Q 7 � uj O ' � V � Z �' �- O m O w , O t ., v� U � � a � � � � � � � w Z �- o W m � � , ��.�.. y o m J U O a �, � ,�, ~ � z d .o v, a � , � Q � > � � � Q m p . y � �a C� � � ' � � Q U O � � ' W J a. � � O ,�� •• W u' W o Z ' � � a a � F- O Z� Z � z � W W o � W ~ m � W ' - -� � y � Q' � W Z a � � a ' i � i 1 1 i BIDDING REQUIREMENTS • Bid Form & Tabulation � • Representations, Certifications & Other � Statements of Bidders � • Bidder's Qualifications ' • ARC Business License • Georgia General Contractor's License � • Bid Bond ! • Certificate as to Cor orate Princi al p p � • Attachment B — Pages 1-3 (Form in Section A) � � � � 1 � .r'�V \, � ,�- f -= y�:=-.:_ g �� `��`�� -�;�. . �"��. � Project Number Bidders are encouraged to careiully examine the documents and , CDBG �2010-R construction site. Failure to do so shali be. at the bidder's risk. Bid,lssue Date 5ubmit bid to: Geri A. Sams Procurement Department � Project Title 530 Greene Street — Room 605 Henry �righarn Community Center Tennis Augusta Geo.rgia 30901 Coucts .: 70fi — 821-2422 Project Descripfion ` ` , Redevelop three existing tennis courts into two (2) new tennis courts with fencing, paving, tennis nets and some side walk repfacement � , :: � ; . � � .t�� y � } � _ � ��1\7 ��'1li�.11�i/'a��,�! Y -.�. Y' s .. .t • _. ' _ ,�. .-, . ' . �_'.�. . .... w... ..,.'�.-...rr . ,".... . .�..: . . ::. .-'r ,? M : _. ..>.. .._ _,. .._ -. . ._. .- .� _...;:�..:.,....� ...... .. _: . �. ...i ,_.:�, .... �r;.".k . Name of Company; Federal Jax ID tdumber. _ � 4�r�vE� l�J� y CF �us-t�►, �nc , :� � � �,3`� 545 Bidder's Telephone Number: - - - ��(�-'�� - � 3�� ' - Sidder's Address: Bidder's Fax i3umber: 1353 Gc�t.�n� 4-I�-c,t-t�;�y � �3- (��2 - �' I ?3U � ��-� � �� ,�� lame of Person Sub the Bid: 7 �lG �� f U L. � 4.J� �}� T•�Q> C.� � � 2' �� B If-../ � . ��' �` Title of Person Su6mitting the Bid: ' �i ke�� S C�--`f �l� � J �: _ < ' f. -. ", � 5„ a L � � � �'r '� �� - Tr �' i �.� �� b x , s " �-„J . .. `� i � '., . a. . � '� _ `TS-- " x �-� "" x � _ x �� ` �. � ��` �iDDL�'� ��CI+�OYUL��Bd��ITS � �` 'n � . .. � � , r � � �- _ w, s .�,- - � .�.:�; - � �_.-•-�._ This is to acknovdledge that an au�horiaed r�presen$ative(s) of the abowe na�ned cornpany has familiarized himse�f/h�rself/themseives wifh the locaf +conc�itions affecfing tf�e cost of the work, � all it�structio,�es; Gen�cal anc� Supp9ernen��4 Coa�¢�itions; Contractor's c�rrr�pl6�nce ar�d reg�or�ing requirements, the speci�icatior►s, dravvings; anc8 addenda. The City requires.a minimum acceptance period of 60 cafendar days. "Acceptance period," as used in this provision, means the number of � calendar days available to AHCDD for awarding a contract from the date specified in this solicitation for receipt of bids. By the submission of this bid, the bidder certifies that neither it nor any person or firm who has an interest in the bidder's firm is a person or firm � ineligible to be awarded contracts by either the 17.S. Department of Housing & Urban Development, the City or the Augusta Housing & Community Development Department, according to AHCDD policies and procedures. In submitting this bid, it is understood that the Owner reserves the right to reject any and all bids. - -_ - , cknowledgment of Addenda: The bidder acknowfedges the foflowing addenda: (Failure to acknowledge may cause bid re}ection.} � 3denda No. � Addenda Date F�� , b�� Addenda No. Addenda Date �denda No. Addenda Date Addenda No. Addenda Date � ' B-1 , ' /r .. A �� H /' F . _� E � . .. . .. �.. .�� . �� 6�Y��.�� :' ''� .. � . ' . . ..�..C/ 3-'��.'��.-.'.. . ' . ' . " . .. � � . . � - REL�IREC� �s�1$�dl1�5�lOt�S -� � - �.. � � o be responsive, the bidder must submit the following documents in a sealed envelope marked on its face with the � rrect bidding information with his/her bid: Bid Form & Bid tabulation; Representations, Certifications, and Other.Statements of Bidders; 7. Bid Bond and Certiticates Bidder's Qualifications (including aFinancial Statement 8. Attachment B{Statementof Non-Discrimination, Non-Coilusion ' ARC,Business license; ` AffidaGit of Prime Bidder/Offeror, Conflict of Interest and Contractor Georgia General Contractor's License; Affidavit & Agreement) Certificate as to Corporate Principal e Owner sha(I reject as non-responsive any bid that does not incfude each of the above documents, fully completed d properiy executed. � � � �, q � � � �� k � � {� t � G ` � � ` ��J� �ID � � � � Y :�n� � � eF Y ^rt h `i': • �- 4 `.^ y , 2 - \ � '�` - -.',�.W — $:.. � bidder hereby proposes to furnish all fabor, materiais, equipment and services required to compfete the construction itract as per the requirements of the construction documents, all in accordance therewith, far the sum of: �:�:«zi - k'�.��L `�tv�s�� k��S�E I-�:� �+a�� z y - �-c>� � �` ot'�r � 'C� � DOLLARS $ � � � � t� �P . � �' � . G �� . '�` L / ~ � � �. � � �. '?- .;�� X � � { �� N� 1 ��LG� ��L �" v '` � t ^ " F r c' 3 ,� � x >,,, Unit Estimatecf m# IYem Description Quantity Unit Bid Price Measure Price ��;z ��x��i S��s �xc� �� , , � } �� v�r �`I ��,�� $ �'" �� .��- f s� �� C c� , $ .t�c� c� a� �� s� �� d� , v�1s C�� .� $ � $ $ � $ $ bidder may continue by copying and attaching this section to the Bid Form. Sum of all cost extensions $ are included in the base bid ;_� � I ��'�' � o r ° .�� C� Jc,m — �� r�.� �'�f o ��5 ' B-2 ' ;�� ' r � —�'�` �T= � � � � - � � � 4'6� �� +� l� .� � c � �_�.>. ' w � - ' , � ' � _ �7 L?.E��T�11� �$�°�ER�i�TES� ` 4 ; - �' � . �. � - he Owner �is � is not requesting deductive aite�nates for this bid. To offer a bid the bidder �s requested to �eakout the following items from the base bid. Each item shalf include all labor, materials, equipment and services 1 :quired to complete item. em Item �id ' # ttem Descriptio� 6 t� �f �'1 $ ' -- � � $ _ � t � � ' _ $ - $ ' - $ $ , . � �e undersigned agrees to commence actual physical work on the site with an adequate force and equipment within ten ?) days of a date to be specified in a written order of the Owner and to complete fully all work in 60 consecutive ' lendars days from and incfuding said date. e undersigned further agrees to pay, as liquidated damages, the sum of $100 for each consecutive calendar day ' =reafter that the work is not complete as provided in the General Conditions. i x 3. � { k ; �'.r f._ - ._ s '3t , e r t� � c ,.,, ,� a �- c �" ' � � - � ,� � :, � .� � � �iG�a�x��r� o�-�a�t��u��,� B��t� ° .� - � �_ � � � � i `.F- . .. a.0 .' . .z. ._N� . , "., . `. , .. �. . . _ -; ..: .> 5_ .. r .. . M.. `'ff'. .. �uK�_ 4 .r` .a� .:rr. � _.:.'1 .'G• ��. 7 a _,y ding and doing business as: �� Fr•YC. Y, _ � -� � � ��.� � � � Bidder's Signature /� •ictitious trade e is emp9oyed in the conduct of Date ``� 1 =iness, insert such na d complete, as appropriate. s foregoing fictitious or trade n ',� a is is not re istered under State �' " °' 1 ❑ 9 � � ie of person submitting the bid Witness ��,�, �R�� Witnes ame� �� ,�. �1[��J , _ _ __ � iness address Wifiess Signature ( ` � i , / /.C�, � ,�, �S3 -or�uv� ��►1w�y � ��— � 1 �'"� Date 1 Ll1d.LlS 1 �� d L� � , B-3 ' , � ��`,�� '� r �-�� ; .} � - . .. -�:.: �� . ��.� �� . ��A.�A�� .�.. . .. . .�,y ` a_��,,: .. . � . � . .. . �. - �.. . i r ._, - :. ' '..� � � v � ' :` .> i —~ • _ �= ;�§ _ ��G -` - - .� .v, _. . , _ � ;� _ _ _ ..., ::.. _,.. .. .:.. �. - - . . _ � -. -. =•. . ' '. "_' _ " ' .. .. . . _. . . .. . .. : _-. . . . ..-. . . .. - -__ : .:... . _ .,.._. . __ r . me of Partnership 4 ` � � �.E i , � � Bidder's Signature � fic#itious trade :name is em lo ed in the con p y, duct of Date �usiness, insert such name and complete, as � propriate. This foregoing fictitious oa� trade name: is � is not registered under State Law. rrie of person submitting the bid Witness Witness Name siness address Witness Signature Date ' -, , - _ - � �l�lA7'�l3�.E �3F �CC'9R�?OI�TE �11�1��f� � �-' , �--� � _ , ..,_ . . . ;:,.. ., ....` _ ., . __ : ..:.,. , . � . >_ w . � ._.> .4 , , .,.. �.. Y... . .e.. ..<. J..� �. , i. _.. . ame of Corporation CorpoFa atu�e �il� " � H'� r�F ��`t �� t� � � Title ��; �� 7 �e �'� ' Date �� - � � , �� ' �e of person submitting the bid Certificate as to Corposate Principat ��'c' ��.K� �, �z_� r��4 `� ��yr�� certify that I am the Secretary of the corporation named , as Principal in the within bonct: That �� J.t"�' ��.y�► � oness address who signed the bond on behalf of the Principal, was then �4c---f'7�--�..ra�., �7��v�;c� �f �� C�.{�;�..�cv� E��4 i4u'�"�9 said .corporation; that I know his signature, and h6s � �( ��,� �,� �(� ��. �� signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf o� said corporation by authority af its governing body. , / ,1� ' -" '�.;-;: ;�orporate Seal) ,� ' B-4 1 , /� �_ ' ,� � .�:; ::�=-�-��° � ��s�r�r��a��, c��i�ac�r��s a�� °�� s°r�� o� �a�� 1 � 1. Cert6ficate of indep�nden# �rice D�terminataon: 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 cornpetitor before bid opening (in the case of a ' sealed bid solicitation) or contract award (in the case of a competftive 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 ofi restricting competition. b. Each signature an #he bid is considered to be a certification by the signatary that the signatory: t (1) ls the person ir► the bidder's organization responsibfe for deterrnining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in ' any action contrary to subparagraphs a.(1 } through a.(3} above; or (2) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to ' subparagraphs a. (1 } through a. (3) above. '�{� �? 6? ��C7�.`� rk�r, , �jC�C-az.�, _ �"�'��'n�� ' [Insert full name of person(s) in the bidder°s organiaation r�sponsib6e for d��ermining , the prices �ff�red in this bid or proposal, and the title of his or her position i�► the bidder's organization] ' (3} As an authorized agent, daes certify that the principals named in subdivision above have not participated, and will not participate, in any actian contrary to subparagraphs a.(1) through a.(3) above; and � (4) As an agent, has not personaHy participated, and wifl not participate in any action contrary to subparagraphs a. (1) through a. (3) above: c. !f the bidder deietes or modifies subparagraph (a) 2 above, the bidder must furnish with its bid a ' signed statement setting forth in detail the circumstances of the disclosure. - ' , �-� , � '�� '� �. ;=':��;� ' �t�PR�S�tV�' TI A OIVS, CEi�4I�ICATIO�S AlVD O�°��Ft STA7'�M�(V�" �� DDERS , ' d. Non-collusion affidavit, (Applicable to ail contracts for construction and equipment.) Each person, firm, or agency submitting a bid/proposal shall execute an affidavit, in the form provided by the Procurement Department, to the effect that he/she has not colluded with any other person, firm or corporation in regard to any bid/proposal submitted in response to this solicitation. In additian, a non- , collusion affidavit fo� each subcontractor(s) shall be submitted. �. Con#ingent Fee Representation and Agree¢v�ent: � a. Definitions. As used in this provision: (1) "Bona fide employee" means a person, employed by a bidder and subject to the bidder's ' supervision and control as to time, place, and manner of performance, who neither exerts, nor proposes to exert improper influence to solicit or obtain contracts nor holds out as being able to obtain any contract(s) through improper influence. ' (2) "Irv�pr.oper influence" means any influence that induces or tends to induce the Owner or a City employee or officer to giVe consideration or to act regarding an Augusta Housing and ' Community Devefopment Department (AHCDD) sponsored contract on any basis other than the merits of the matter. b. The bidder represents and certifies as part of its bid that, except for full-time bona fide employees ' working aolely for fhe bidder, the bidder: (1) ❑ has � has r�ot �rr�ployed or retained �ny pers�n car c�mpany to solBcit or obtain ' thes contra�t; and (2) ❑ has � has raot paic! or agreed to pay to any person ar company �rr�ployed or ' retained to solicit oe abtain this contract any commission, perces�tage, Paroke� or other �ee conting�nt upon or resu9ting from fhe award of this contract. ' c. If the answer to either b.(1) or b.(2) above is affirmative, the bidder shall make an immediate and full written disclosure to the Owner and AHCDD. d. Any misrepresentation by the bidder shall give the Owner the right to: ' (1) terminate the contract; (2) at its discretion, deduct from contract payments the amount of any commission, percentage, ' brokerage, or other confingent fee; or (3) take other remedy pursuant to the contract. ' Certification and Disclosure Regarding Payments to Influerrce Cerfiain Fedes Transactiorrs (appficable to contracts exceeding $100;000): a. The definitions and prohibitions contained in Section 1352 of title 31, United States Code, are ' hereby incorporated by reference in paragraph b of this certification. b. The bidder, by signing its bid, hereby certifies to the best of his or her knowledge and belief as of the , date of fhis bid, that: (1) No Federal appropriated funds have been paid or wifl be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an ►�_� ' ,r�-�� ' ' 6��PRES��Td�1'TIO�S, C�RT'I��CA`6I�(V� AIVD 4T4f�i� STiA�'E6��i�lT �� I�D�� ' - officer or employee of Congress, or an empfoyee of a Member of Congress on his or her behalf . � in connection wifh the awarding of a contract resuiting from this solicitation; (2} If any funds other than Federal appropriated funds (including pcofit or fee received under a covered Federa{ transaction) have been paid, or will be paid, to any person for influencing or ' attempting to inf4uence ;an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an empfoyee of a Member ofi Congress on his or her behalf in connection with this solicitation, the bidder sha11 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 �f this certification and disclosure is a prea for makin.g or ente� inta , this contrac� irraposed by Section 1352, Title :31, Ureited States Cod�. �ny person who makes an �xpenditure prohdbited under this provision or. who fails to file or am�nd the disc6osure form to be filed ar �mended by this provision, shall be sulsject �a a civil pena6ty of not 6ess , than $'�0,000, and not more than $'400,000, for each such failure. '!. Organizati�n�l Conflicts of In#erest Cer�ification: The bidder certifies that to the best of its knowledge and belief and except as otherwise disclosed, he or '- she does not have any organizational conflict af interest which is defined as a situation in which the nature of work to be performed under this proposeci cantract and the bidder's organizational, financia(, ' contractual, or other interests may, without some restriction on future activities: a. Result in an unfiair competitive advantage to the bidder; or, b. Impair the bidder's objectivity in performing the contract work. , [ c� In the �bsence of any actuat or apparer�t conf{ict, t hereby cer$ify that $o the best , o�y knawledge �nd belief, no actual or apparent conflict of imterest exists w6th regard to my possible performance of this procurement (Ptease initiat.J . Bidder's Certification of E6igibili�y: , a. By the submission of this bid, the biddsr cer�ifies that to the best of its knawledge and be(iefi, neither it, nor any person or firm which has an interest in the bidder's firm, nor any of the bidder's ' subcontractors, is ineligib{e to: (1) Be awarded contracts by any agency of the United States Government, HUD, the State of � Georgia, Augusta-Richmond County, or AHCDD; or, (2) Participate in HUD programs pursuant to 24 C�R Part 24. b. The certification above is a materiai representation of fact upon which reliance was placed when '- making award. If it is later determined that the bidder knowingly rendered an erroneous certification, the contract may be terminatsd for default, and the bidder may be debarred or suspencfed from � participation in HUD programs and other Federal contract programs. , R-7 , /i��.��,.� ✓ �-�' r ��, ��, �� F �� '6. �lfinienum Bid Acceptance Period: a. "Acceptance period," as ussd in this provision, means the number of calendar days availabie to the ' Owner for awarding a contract from the date specified in this solicitation for receipt of bids. b. This provision supersedes any language pertaming to fhe acceptance period that may appear elsewhere in this solicitation. , c. The Owner requires a minimum acceptance period of sixty (60) calendar days. d. A bid alfowing less than the Owner's minimum acceptance period will be rejected. ' e. The bidder agrees to execute all that it has undertaken to do, in compfiance with its bid, if that bid is accepted in writing within: � (1 } The acceptance period stated in paragraph (c) above. 7, Small, i►/�6nority, VVomen-l3w�►ed Business Cos�cerv� Representa�ion: ' The bidder represents and certifies as part of its bid/ offer that it: ' a. �'ss ❑ is not a small business concern. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and ' size standards in 13 CFR 121. b. ❑ as � is not a women-owned business enterprise. "Women-owned business enterprise," as , used in this provision, means a business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business. , c. ❑ is � is �ot a minority business enterprise. "Minority business enterprise," as used in this provision means a business which is at least 51 percent owned or controlled by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting ' stack is owned by one or more minority group members, and whose management and daily operations are cantrolled by one or more such individuals. For the purpase of this definition, minority group members are: (C�reck fhe b/ock applic�ble to you) , ❑ Black Americans ❑ Asian Pacific Americans ' ❑ Hispanic Americans ❑ Asian Indian Americans ❑ Native Americans ❑ Hasidic Jewish Americans , ' R-R ^� ' ;r�� .�;,i�. �' �.:';. ' �EPRES�@VT/�'�IOBVS, CER�I�ICA'�'IOI�S �.�ID OT'EiER S�"�7'ENf�Bl9�' O� �Y��RS ' , 8. Certi�cation of Eligibitity llncler th� Cbavis-�acon Act: (applicable to constructian contracts exceeding $2,000) : a. By the submission of this bid, the bidder certi�es 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 soficitation shal( be subcon�racted to any person or firm ine{igib{e to be awarded contracts by the United States Govemment 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. Certificatior� of Non-Segre�ated Facifities (applicable to contracts exceeding $10,000) a. The bidder's attention is called to the clause entitled Equal �mployment Oppar�unity of the ' General Conditions of the Contract for Gonstruction. b. "Segregated facifities," as used in this provision, means any waiting rooma, 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, colar, religion, or nationa{ 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 , i#s employees any segregated faci(ities at any of its estabfishments, and that it does not and will not permit its employees to perForm their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the ' Equal Employment Opportunity clause in the contract. d. The bidder further agrees that (except where it has obtained identical cartifications from proposed '_ subcontractors for specific time periods) prior to entering into subcontracts which exceed $10,000 and are not exempt from the requirements of the Equal Employment Opportunity clause, it will: (1) Obtain identica{ certifications from the proposed subcontractors; 1 (2) Retain the certificafions in its files; and (3) Forward the foliowing notice to the proposed subcontractors (except if the proposed � subcontractors have submitted identical certifications for specific time periods): ' � ' B-9 , .:..��-`-�� _ ��l ' 6�G�@��A\ i �'9�i�l�r�� s�R E l�i�@�A�1�0�� /'1i�Cd ��0�i�� e.��6"l��1°i�1�� i,��66r� No#ice to Prospective Subcoe�tractoe of �:ec�uirerneret for CertBfications �f No�- segregatesi Faci6ities A Gertification of Non-segregated Facilities must be submitted before the award of a subcontract exceeding $10,000 which is not exempt from the provisions ofi the Equal Employment Opportuniiy clause of the prime contract. The cer�ificatian may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). Note: The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001. 10. Clean A6r and ln/ater C�rc�tification (applicable to contracts exceeding $100,000) The bidder certifies that: a. Any facility to be used in the perFormance of this contract:: I ❑ is �is s�ot f¢sted on the �nvironiveea�tai Protection Agency List of !/io��t'sng Facilities. ' b. The bidder wil! immediatel noti the �wner and AHCDD, before award, of the recei t of an Y fY p Y communication from the Administrator, or a designee, of the Environmental Protection Agency, ' indicating that any facility that the bidder proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and, , c. The bidder will include a certification substanfially the same as this certification, including this paragraph (c), in every nonexempt subcontract. ' ' ' , , , B-10 v- � =` ,:�� ' :�=� _ 1 ��5��°��I��S, C�R�Y�I��7°I�6V� �i�9D �'T�E�R �T�,��[��°� O� �I��E�� ' 11. BicBcBer's Signature: , This form must be submitted with the bid with all information completed. The bidder hereby certifies that the information contained in these certifications and representations is sccurate, complete, arid current. ' �aifure to submit this certification properly completed and executed will render the bidder non- responsive. � .-��''�� . , � � � • `. /t ` ��- , �L� (Sic��aatu nd Da ) � % , / �� .�� 1�� (Ty�s�d or Pri�ted �lacn�) ' � �-:�-�� r� �c-�� 1 ' �T�$�� r � --� ' ' � � "� (� � �F �Z�� (,t� 1 l� � C_ , (Cornpany Namej � � � J .� S_� �cr..nc�� l-��, �� f� �31��U � `cor�par�y ae9dress) ' � ' � � � , , R-11 ' � �� " C� l) :S..3i+...7.' A �[�� CJ��\d��lYsa� A11 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 "�idc�er's Quatifications and Financ�al StatemenY'. In the event your bid is not selected for award, this envelo.pe will be.returned to the Contractor unopened. ame of Bidder: 2. Date Company Organized: ��,� �� ' "�� ; �l�� . �, � f � ,�� ermanent main office address 4. State incorporated � 3�� i �ic��,.�aa �� t�^�` � �� r• 5. How many years have you been engaged in the contracting ��"� �� .p �- ��,�� ' business uttder your present firm name? �� Listing of currenf contracts: (Schedule these, showing nature of the work, gross amount of each co�tracf, anticipated dates for completion, name and telephone number of owner's representative). � � m _ � �S '111. uy - C ��nPL � � ' � n•� �i ' '(� _ alo �- 3 � � �A V � =c,-s � .�. �� G :�. � � `4'0 �. �- -`��'� = Y';�_�p - �03 U��k'J � C: � P `� � � �� i, %`C:-��n1P �� I' - - �'Y �03'4��:� ��,-�� (' �.� . -�,� IcS,o� � r �� : e � s �� c,.�.��-� U`� �7 � ��,r� �� E� �� ' � 'c�.y _ -��2�53 t�.'��.1`4 U3 � � c� '- 1�-, � General character of work usually performed by your company. �b�� '�. '� a �e- C�v� C z �.i � ; C�cc�ro ! '��'J�� .� , �,,� ��;:�.;:ic;.�� s $n�,��j �c�c.� ,,(.:..0 � r 5-�-r i a e � � � �ave you ever failed to complete any work awarded to you? If so, where and why? �ti Have you ever detaulted on a contract? If so, where and why? I��J List the three (3) most important structures recently completed by your company, stating approximate cost of each, month and year, complete name and telephone number of owner's representative. [�OF�S�'N C'Yi't� l,.e K.P . � . Z� . �SSd S.3i , 'o � z ,- ' �`�-'1'�3 �� - � -��- r� c � 5� aa�� i-c-e� �3 , ��_ -��:.V - �� t�- �6� s:3� r� � 3 ^� � -:F � —u � � 3 - a �. ' B-12 ' �� ' �— �� ' � -. . �:�,�-..��a �I�DE�'S ��J�LBFiC�T�OR�� - , i. List your major equipment available for use on this contract. ;7C�� ' �� e:, f7r-►c.i��-►-r� �o r�� ; '' U � } � -� S 1 ' ��o:,�c.K �t�-�- .� �;� � (...� �= C�1 f �� e _7 �s , L - c� � =�' __LG�. G'�C`� �%� � i C'�'. .... r i��Y1k!'-.� (''aU , -„�;,5 'Y�,L ' ._Experience in construction work simiter in scope to this project. ' _-_ �=9�:t�rn ��t�.�n n � �� l � 'A � G `C QC� �-. ,. _ _ zJC:'� , � ,.. G ,�`:L�_L71.'Y�s ' ' C "I � C ti � L ' :. Background and experience of the principal members of your firm, including the officers and proposed construction superintendent. (�,L �� n - P��-5:�� ,� ��-� �t'e��rc � �a..�� n��c`t�t� � c��s��c.�a�� :� ��t 6�'� r3� r1- V ��: �P,e,��L�'f - � �k � � C� `S �;, a �� :.-r�c :.�1 �, c�s91�-� fl��ec? S C> t= C�c� �1 �i�C � � ' ��'�� `f� �- 4e�1�-�,�-PVtF�9g i� ex.�. c� S�P�7��tt�..=� Z f�� =cr� �� .-� r e c r�c� � { B1 � i { � �.'Y�S'�'¢J..c4� 4J�e � fY� r� � �� ' ' = , . Credit available for administration of this conEract (furnish written evidence.} -- r � ' � (�,%�,:�` �'l1 �7C� ' ' Financial report not more than three (3) months old and containing a batance sheet providing at least the information on the , following page. ' ' ' B-13 ' ,s Pnn PAVEWAY OF AUGUSTA, INC. /21/11 Balance Sheet �rual Basis As of January 31, 2011 J an 31, 11 ' ASSETS Current Assets Checking/Savings 1001 • Cash in Bank - Wachovia -14,194.90 ' 1002 • Cash in Bank - First Bank 13,807.09 1003 • Petty Cash 275.00 Totai Checking/Savings -112.81 , Accounts Receivable 1200 • Accounts Receivable 408,480.28 Total Accounts Receivable 408,480.28 ' Other Current Assets 1250 • Retainage Receivable 113,525.66 1300 • Empioyee Loan -698.77 Total Other Current Assets 112,826.89 � Total CurrentAssets 521,194.36 Fixed Assets 1500 • Furniture 8 Fixtures 52,184.05 � 1501 • Equipment 8� Machinery 1,830,452.47 1503 • Vehicles 8 Trucks 350,193.81 1504 • Computer & O�ce Equipment 5,369.03 1505 • Buildings 29,821.00 ' 7506 • Building Improvements 6,378.42 1508 • Land 67,708.56 1515 • Accumutated Depreciation -2,188,095.00 ' Total Fixed Assets 154,012.34 TO�AL ��ET� &75,2Q6.?� LIABILITIES 8� EQUITY ' Liabifities Current Liabilities Accounts Payable 2000 • Accounts Payable 181,819.36 ' Total Accounts Payable 181,819.36 Other Current Liabilities 2005 • Subcontractor ReWinage 18,330.46 2010 • P!R Tax Payable - FICA 36.91 � 2012 • P/R Tax Payable-Federal 4,562.01 2015 • FUTA Tax Payable -476.08 2031 • SUTA Tax Payable -154.08 2037 • IFTA Taxes 10.52 � 2038 • Heavy Highway Vehicle Tax -1,378.00 2100 • Payroll Liabilities -1,611.82 2175 • First Bank Loan Repayment -4,566.03 ' Total Other Current Liabilities 14,753.89 Total Current Liabilities 196,573.25 Long Term Liabilities ' 2202 • Note Payable - First Bank of GA -2,230.93 2213 • Note Payable - Officer 127,768.04 Total Long Term Liabilities 125,537.11 ' Total Liabilities 322,110.36 ' ' Page 1 'as PM PAVE � WAY OF AUGUSTA, INC. J27I11 Balance Sheet :crual Basis As of Jlnuary 31, 2011 ' Jan 31, 11 ' Equity 3010 • Common Stock 22,000.00 3015 • Retained Earnings 391,711.61 Net Income -60,615.27 , Total Equity 353,096.34 TOTAL LIABILITIES 8� EQUITY 675,206.70 ' ' — � r � � � � � � � � �_ � Page 2 ' �� i� a_a_�.�___�y� �G6iY✓�� 6�A��'�� . ��4LANCE �FiE�T' � ASSETS CURRENT ASSETS: , Cash Joint Venture Accounts Accounts Receivabie Notes Receivable Accrued Interest on Notes , Deposits Materiai and Prepaid Expense Total CurrentAssets � IXED ASSETS - NET THER ASSETS T�TAL /�SSETS: LIASILtTfES AND CAPI3AL URRENT LtABILITIES Accounts Payable ' Notes Payable Accrued interest on Notes Provision for Income Taxes Advances Received from Owners ' Accrued Saiaries Accrued Payrotl Taxes Other Total Current Liabilities � THER LIAB�LITIES APITAL Capital Stock ' Authorized and Outstandi�g Shares, Par Value Earned Surpius TOTAL LIABILITIES AMD C<lPITAL e undersigned hereby authorizes and requests any person, firm, or corporation to fumish any information requested by the City's Augusta Housing & Community Development Department in veri�oation of the recitais comprising this Statement of Bidder's Qualifications. der Name o� f Bidder � �F ��Y ]ate Titie of Bidder r F�3 � _.t � C-9'' ate of ) ss. �ounty of f ) NJ� being duly sworn deposes and says that he is )� 1° 6 of e� a. n and that the answers to the foregoing questions and all statements therein contained are true and � rrect. rorn to befare me this r� 02 � day of �� , 20 ,�(_ �`� �>��`•° "� Notary Pubiic /� !/ / J � n / �] My Commission Expires s 7 ° Dt-<r � r� � B-14 , __ - - _ Feb, 22. 2011 10.07AM No, b54� P, 2%�2 i 1 i� t an� - s � aF GEOR�� 1 February 22, 2011 ' - ' RE: Pave-Way of Augusta , To Whom it May Concern: ' This letter serves to confirm that Pave-Way of Augusta currently has $150,000 credit available through First Bank of Augusta. ' If you have any questions, please do not hesitate to corltact me at 706-22$-2400. , Since ly, �� D nald H Skinner Sr. Vice President � ' , , 3820 Washington Road -Augusta, Geor�ia 30907 — Phone 706.�28.2400 -- Fax 706.651.1774 Martinez — Post Office eox Z12177 — Augusta, Georgia 30917 -21,77 ' , ' � � ' ' ��F � �. �� .�� e� �� ' �� a '',�'�'�r '' �"�'� . fi , "`� �,�-w� � e>a �SF �,�, . r:, � � � . �i �'e . H'� �� - � P b �r �� i� �� '�«��{ Y2 � �� '�P� '�,_*iL�z �,k ad^' A . 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Board �" y i,�.I� RT`I��r�.T� ' This certifies that PAVE, 'WA'� "OF A�TG T1�C .. . ; ;;; > ::, . 1353 G4 Hu'Y ; ' " � AUGUSTA�Gr� 3090� Has given sat�s�'actory evadence of the necessary qualificatrons requir.ed by tMe faws of the: of 5outh Carolina and ' is duly quahfied.'and enf�tle� tQ pr�ctice as a' ' :` ��_ ;, y �� .,,; .,.� . ,. � .�. .: ,. . ` ��l�E .RAL:CONTRA.CTQiZ Y' f ' For tiie ci,�ssifiicatipn(s) and limitati�n(s) �hown be{ow as listed on,lhe lieense card: GD5 A.Pa CPS WLS ' , s / . Ucense Number: G11136 � . Date of Issue: 10/20/2010 > / � % Expiration Qate: 10/31/2092 �aiM.��.r�� `` First Issuance Date: 01/0111992 .`' , - ;: ;, ;:.. , 1 . , � �{� � ' .C;t�,`� �.��.;�; i �"� " ' �� 'Yl� � ( � n � � '' t �"� c� � � A � � c . ' � � �� C� �� "��'��'�... �-�'z'�f �i� z (�..s �. �� "�� , �'��u� � ` � �. � �..`. �.t� C-6�t.5�'_ C� U L�Ii � � �-°�Jl � d , � � � �`�r � ' �r�c�,e.�� .� C�ms�- . ' � 1 .. � . , - 1 ' ' STaTE OF GEORGIA K�RE\ H�\�EL, Secretar�• of State State Construction Indusm� Licensin� Board L"tiliri� Contractor y LICENSE VO. UC3�190� Pa� of .�ueu.ta Inc P.O. Box 660 Au�usta Ga 3090� E�PIR.ATIO\ DATE - 0-� 30/201 1 ' Acti�•e ; STATE OF GEORGI.a K�RE\ HAtiDEL, Secretar�� of State State Construction Indusay Licensin2 Board Utilih� ?�lanager LIC�E'�SE '�'O. L''v1102'8? Tnpp Bry�an P O Bo� 660 Aueusta G.� 309U1 EXPIR.ATIOti DATE - U-� 30,2011 Acti��e .�.-�-�-. ., „,_,. , THE AMERICAN {NST{TUTE OF ARCHITECTS ' Executed in 1 Counterpart(s) , AIA Document A310 Bid Bond � KNOW ALL MEN BY THESE PRESENTS, that we ' Pave-Way of Augusta If1C. (Here insert tu8 name and address or legai title of Contractor) 306 Silver $luff Road, Aiken, South Carolina 29803 (803) 642-6396 aS PfitlCipal hereinafter called the Principaf, and (Here insert full name and address or legal title ot Surety) , Pennsylvania Nationa{ Mutuaf Casuaity Insurance Company 165 Ky�e Road, Lexington, South Carolina 29073 (800) 418-2706 a corporation du{y organized under the faws of the State of Pennsylvania ' as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert fuA name and address or legal titie of Owner) Augusta, GA Commission / Recreation & Parks Department 2027 Lumpkin Road, Augusta, Georgia 30906 ' as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the attached bid"`** --------------- --------------------------------------------------------------------------------------------- Dollars ($ 10%----- ), ' for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourseives, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. ' WHEREAS, The Principal has submitted a bid for (Here insert full name, address and description of project) Henry Brigham Tennis Court for Housing & Community Deve(opment Department, Bid # 11-090 ' NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and su�cient surety for the faithful pertormance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of ' the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penafty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to pertorm the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. , Signed and sealed this 22nd day of February, 2011 , Pave-Way of Augusta, Inc. / (P � ' � nall � ' �� ) (Witness) A � � ... , d itle) � / F , Pe sylvania Nati Mut � asualty Ins an e Company ; (Sureiy) � � - (Seal) � �(Witnesl�' ' \ � F C. Wayne cCartha rrlr�e� Attomey ' AIA DOCUMENT A310 . BIO BOND . AIA ". FEBRUARY 1970 ED . THE AMERICAN INST{TUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 , , PENNSYLVANIA NATIONAL MUT UAL CASUALTY INSURANCE COMPANY ' Harrisburg, Pennsylvania POWER OF ATTORNEY 6766 , Know All Men By these Presents, That PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, a corporation ofthe Commonwealth of Pennsylvania, does hereby make, constitute and appoint C. WAI'NE MCCARTHA, RAYMOND E. COBB, JR., AND MARJORIE KATHRYN MCCARTHA-POWERS, ALL OF COLUMBIA, SOUTH CAROLINA (EACI� ' its true and lawful Attorney(s)-in-Fact to make, execute, seal and deliver for and on its behalf as surety as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS PROVIDED THE AMOUNT OF NO ONE BOND OR UNDERTAKING EXCEEDS THE SUM OF TEN MILLION DOLLARS ($10,000,000.00)--------------------------------------------------------------------------------------------------------------------- ' ALL POWER AND AUTHORITY HEREBY CONFERRED SHALL HEREBY EXPIRE AND TERMINATE WITHOUTNOTICE AT MIDNIGHT OF THE 31 DAY OF May, 2014, AS RESPECTS EXECUTION SUBSEQUENT THERETO. And the execution of such bonds in pursuance of these presents shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regulazly elected officers of the Company at its office in Harrisburg Pennsylvania, in their ' own proper persons. 'R�is appointment is made by and under the authorization of a resolution adopted by the Board of Directors of the Company on October 24, 1973 at Harrisburg, Pennsylvania which is shown below and is now in full force and effect. , RESOLVED, that (I ) the President, any Vice President, the Secretary, or atry Department Secretary shall have power to appoirrt, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behal f of the Comparry, and affix the Company's seal thereto, bonds, undertakings, recognizance's, contracts of indemniry and other written obligations in the nature thereof or related thereto; and (2) any of such Officers of the Comparry may appoint and revoke the appointments of joint-control custodians, agents ' for acceptance of process, and Attorneys-in-Fact with authority to execute waivers and consents on behalf of the Company; and (3} the signature of any such Officer or of any Assistant Secretary or Department Assistarrt Secretary and the Comparry seal may be affixed by facsimile to airy power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such Officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affi�ced. ' In Witness Whereof: PENNSI'LVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY has caused these presents to be signed and its corporate seal to be affixed on May 14, 2009. .a�� «�,� PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY ut "'�r� V�� ' � � � V��'�� s�E��► �,�"rl'/ � � �,� ,y,.n'f +4�'c� '�'�'.r,+►'sr��!: ��d'� Karen C. Yazrish, Vice-President, Secretary & General Counsei ' ��ia * i.� Commonwealth of Pennsylvania, County of Dauphin — ss: ' On May 14, 2009, before me appeared Karen C. Yarrish to me personally known, who being by me duly swom, did say that she resides in the Commonweakh ofPennsylvania, that she is Vice-President, Secretary & General Counsel ofPENNSI'LVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, 'Ihat she is the individual described in and who executed the preceding instrument, and that the seal affixed on said instrument is the corporate seal of said Company, and that said instrument was signed and sealed on behalf of said Company by authority and direction ' of said Company, and the said office acknowledged said instrument to be the free act and deed of said Company. : ��"'�'p� COMMONWEALTHOFPENNSYLVANIA r Notarial Seal � ' �� p � u C � Michelle L. Stouffer, Notary Public City Of Harrisburg, Dauphin County � �s�.,��,, My Commission Expires Dec.11, 2012 Notary PubliC oF� Member, Pennsylvania Association of Notaries ' I, Michael F. Greer, Vice President, Surety & Fidelity of the PENNSI'LVANIA NAT'IONAL MUTUAL CAS UALTY INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, , executed by the said Company, which is still in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of said Company on Feb ru a ry 22 , 2� 11 ' /� ice President, rety & Fidelity 1 78-190 (Rev 02/09) ' ' _ �� . ; . . ' . _ G t , -fl " � L � r _ `:A �� ' ��"��G�AT� �� T� ��TE ��L 1 For bidcisng cor�oration, the foliovving certification anust be made 6�y S�cret��yy of �he corporation r�arnecl as Princi�a6 in bonct, �t�acheci to �he �ici �onc� and saabmitEed wit6� the bid. ' ' -- 1 I, I�.F�1�"11`i �. �..5�`9i� , certify that f am the Secretary of the corporation named as Principal ' in the within bond. , � That ! i��P ��y �1 , who signed the bond on behaif of the Principai, was ' then the ��-y��-��Y� �►�'1/�c,c.� of said corporation; that I know his/her signature and his/her signature thereto is genuine; and that said bond was du(y signed, seafed and attested to for ' and in behalf of said corporation by authority of its governing body. ' ' ' Sigr�atu�e of Secre#ary of the Corpora�a�n Name of Secse$ary of the Corporafion �� ' � � . ��ydi�� ' ��t � f Z1= Flh1y o'i� ' �`"� � � c.�.n� _ Date Corporate Sea[ 1 ��;�;. ��, o2Ui1 ' , , ' B-18 ' , , -- , � G E��_ � I�::, G-I ` A ' ,Attachment � , Listed below is a consolidated fisting ofi the Statement of Non-Discrimination, Non-Collusion Affidavit of Prime Bidder/Offeror, Conffict af Interest and Contractor Affidavit and Agreement. ' Ple�se �osnplete, date, no�a66ze ar�d return pages 1�3 �f At�a��on�a�t � vvith your scabani�fal. Statement of Non=Discrirv�ination , The undersigned understands that it is the policy of Augusta-Richmond County to promote full and ' equal business opportunity for all persons doing business with Augusta-Richmond County. The undersigned covenants that we have not discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to prime contracting, subcontracting or partnering opportunities. '_ The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable par�icipation of local sma{I businesses on the bid or contract awarded by Augusta- , Richmond County. The undersigned further covenants that we have completed truthfully and fully the required forms regarding good faith efforts and local smalf business subcontractor/supplier utilizstion. The undersigned further covenants and agrees not to engage in discriminatory conduct of any ' type against locaf small businesses, in conformity with Augusta-Richmond County's Loca{ Small Business Opportunity Program. Set forth below is the signature of an officer of the bidding/contracting entity with the authority to bind the entity. ' The undersigned acknowledge and warrant that this Company has been made aware of understands and agrees to take affirmative action to provide such companies with the maximum , practicable opportunities to do business with this Company; That this promise of non-discrimination as made and set forth herein shall be continuing in , nature and shall remain in full force and effect without interruption; That the promises af non-discrimination as made and sef forth herein shall be and are hereby , deemed to be made as part of and incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and; That the failure of this Company to satisfactorily discharge any of the promises of ' nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling the City of Augusta to declare the contract in default and to exercise any and al1 appficable rights remedies including but not limited to cancellation of the contract, termination of the contract, ' suspension and debarment from future contracting opportunities, and withholding and or forfeiture of compensation due and owing on a contract. (Page l of 3) , A-7 , , , � ttacho�ent �- Page 2 of 3 ' Non-Collusion of Prirne �idc�er/Offeror By submission of a bid, the vendor certifies, under penalty of perjury, that to fhe best of its knowledge and belief: '(a) The prices in the proposal have been arrived at independentl without collusion consultation Y , , communications, or agreement, for the purpose of restricting competition, as to any matter relating to ' such prices with any other vendor or with any competitor. (b) U.nless otherwise required by law, the prices which have been quoted in the proposal have not , been ,knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor. ' (c) No attempt has .been made, or will be made, by the vendor to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. Colfusions and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. ' Conf9ict of `ln4erest ' By submission of a bid, the responding firm certifies, under penalty of perjury, that to the best of its know{edge and belief: , 1. No circumstances exist which cause a Conflict of Interest in performing the services required by this fTB, and ' 2. That no employee of the County, nor any member thereof, not any public agency or official affected by this (TB, has any pecuniary interest in the business of the responding firm or his sub-consuftant(s) has any interest that would conflict in any manner or degree with the performance related to this ITB. ' By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its knowledge and belief: , (a) The prices in the bid 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 vendor or with any competitor. '(b) Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly been discfosed by the vendor prior to opening, directly or indirectly, to any other vendor or ' competitor. e) No attempt has been made, or will be made, by the vendor to induce any other person, partnership , or cooperation to submit or not to submit a bid for the purpose ofi restricting competition. For any breach or violation of this provision, the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift, payment or consideration. , ' (Page 2 of 3) A-8 ' _ ' Attacher�ent �- Page 3 of 3 Cor�tractor �iffidavit a�d Aareement � By executing this affidavit, the undersigned contractor verifies its compliance with O.G.G.A. 13-10-91, — stating affirmatively. that the individual, fiirm, or corporation which is contracting with Augusta , Richmond County Board of Commissioners has registered with and is participating in a federal. work authorization program* [any of the electronic �erification of work authorization programs operatecl by _ the United States Department of Homeland Security or any equivalent federal aniork authorization program operated by the United States`:Department of Homeland Securiry to verify information of ' nev✓!y hired e►iipioyees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA}, R.L 99- 603], in .accordance with the appficabiiity provisions and deadlines established in O:C.G.A 13-10-91. The undersigr►ed further agrees that, shoufd it empfoy. or contract with any subcontractor(s) in ' connection `with the physical performahce of services pursuant to this contract with Augusta Richmond County Board of Gorrimissioners, contractor will secure from such subcontractor(s) similar verifiication of compliance with O.C.G.A 13-10=91 on the Subcontractor Affidavit provided in Rufe 300-10-01-:08 or � a substantially similar form. Contractor further agrees ta maintain records of such campliance and provide a copy of each such verification to the Augusta Richmond County Boa� of Commissianers at the time the subcontractor(s) is refained to perForm such service. ' Georgia Law requires your company to have an E-Verify*User ldentification tJumber on or after July 1, 2009. For additional information visit the State o� Georgia website: hitps:Ue-verifv.uscis.qov/enroll/ and/or httq`7/www.dol.state.qa_us/pdf/rules/300 1 a 1.pdf ' �L..�'10 3 � � E-i/er6fy � User lcientifca�iot� Nutt�laer The undersigned further agrees to submit a notarized copy of Attachment B and any required , documentatian noted as part of the Augusta Richmond County Board of Commissions speci#ications _ which govern this process. In addition, the undersigned agrees to submit all required forms for any ' subcontractor(s) as requested and or required. I further understand that my su�rnot�al wiif be cl emed non-covnp6iant if any part of this pro�ess is viotatetl, , , � ' Com � "Name ��' � �� BY: d ic or Agent , , (Co ctclr ' n re) Title of Authorized OfFicer or Agent of Contractor ,— f (u?z.�� d�yl� Printed Name of Authorized Officer or Agent , SUBSCRIBED AND SWORN BEFORE ME ON THIS THE �� DAY OF _—C� • , 20L j�D�i� �-,�'�� iVOTARY SEAL ' Notary Public My Commission Expires: �(`� f �� ' P(ea�e co��ie�e, d��e, n��ize a�c4 r�turn pages 1-3 caff A�achrr�erst � wi�h your s�ab�tit��E Rev. 11(13109 , (Page 3 of 3) A-9 , , , ' ' � CONTRACTING REQUIREMENTS � • Notice of Award ' • Contract • Subcontractor Contract(s) � • Contractor's Certification (Labor Standards & Wage Requirements) � , • Subcontractor s Certification , (Labor Standards & Wage Requirements) • Performance Bond � • Payment Bond ' • Irsurance Certificate • Notice to Proceed � • Lobbying Certification � � � � � � ' rsc � p � C ..,,...,.i,... `1 1 NOTICE OF AWARD 1 TO: Mr. Tripp Bryan ' Paveway of Augusta, Inc. 1353 Gordon Highway Augusta, GA 30901 , PROJECT DESCRIPTION: Hen Bri ham Communit Tennis Courts rY 9 Y 2463 Golden Camp Road ' Augusta, Georgia 30906 � The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated Februarv 27, 2011, and Instructions to Bidders. , You are hereby notified that your BID has been accepted for items in the amount of: Eiqhtv-Five Thousand, Nine Hundred Sixtv Four dollars and zero cents ($85,964.00). You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's ' Performance Bond and Payment Bond within ten (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 7 day of April 2011. ' AUGUSTA, GEORGIA � By' Chester A. Wheeler, III AHCDD Director ' ACCEPTANCE OF NOTICE: Receipt of the above NOTICE OF AWARD is hereb acknowledged on . this � day of , 2010 By� . � ' ' C-1 ' ' � � o, _ , CONSTRUCTION CONTRACT ' THIS AGREEMENT made this 7th day of Apri1 2011, by and between awarded Contractor, PAVEWAY ' OF AUGUSTA, 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 ' Auqusta Recreation & Parks Department, hereinafter called the "Grant Subrecipient. ' WITNESSETH, that the Contractor, Owner and Grant Subrecipient 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 Project No. 2010R in strict accordance with "the plans, specifications and drawings for this project developed by 2KM Architects, as ' architects. Numbered 09-08.02, dated 12/6/2010. 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: , Eiqhtv Five Thousand, Nine Hundred Sixtv Four pollars and zero cents ($85, 964.00) ' Said contract price being paid as draws against the contract price and deducting from each draw 10 % as retainage. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the OWNER and to fully complete the project within 60 ' 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. ' ' 1 ' ' - � I CONSTRUCTION CONTRACT 1 ARTICLE III ' Contractor agrees that time is of the essence in the completion of the work in the time required by this contract and hereby waives any formal notice of default for failure to complete the work of any of its ' component parts on time. , ARTICLE IV Contract Documents. The contract documents consist of the following: ' (a) This Contract (b) General Conditions ' (c) Special/Supplemental Conditions (d) Technical Specifications; and ' (e) Drawings. 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 shali ' 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. 1 ' ' (INTENTIONALLY LEFT BLANK) ' ' ' 2 ' ' � , CONSTRUCTION CONTRACT , 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: AUGUSTA, GEORGIA ' Owner ,��" �� ` � . , '�` �'�� ,}. r� ., c �'�� '"�� p � �+�'C Q y,I3� � 5 �n,q� � I . � � �� 4� L c L fl , � . �� l3� � T . � t.�°' � , �� .��,g� �� David S. openhaver � � /��. �, � m �� ; a�'�, �. � �, br �� As its Mayor , �� ' � p �' S P� �� 9 � � �� r�� `�. Len'� � -< r �� a � '� G�rk a�:�ommis�i�i� .��' � �� . - � ,:�� , � � �_,�� r � ' �� * � �J� ti < � � t �. L f. q �/} � N ��31�u�� i �� /� � �� . ( ness) '� �, � J ' ATTEST: Pavewav of Auausta, Inc. Contractor ' , ' S E A L BY: B F �' . � � ' ' ` i Corporate ecretary ' �C.%Q�Lt+J O«l/r��G-- (Witness) ' Auqusta Recreation & Parks Department Grant Subrecipient ' BY: �� , Tom Beck Director , ' 3 ' ' , � � �, .—_ . CONSTRUCTION CONTRACT i 1 ' �-� � Frederick L. Russell ' ' ''� City Administrator i � Chester A. Wheeler, III Director AHCDD � � � �' Approved as to form by: �i��f -� � ' Andrew G. MacKen e General Counsel � ' ' ' i 1 1 � 4 � 1 AUGUSTA HOUSING 8� COMMUNITY ' DEVELOPMENT DEPARTMENT ' �... ;; LIS�' �.F:_S�SC�3NTRQ+C'�'O�tS ' CONTRACTOR: PAVEWAY OF AUGUSTA, INC. ' PROJECT: HENRY BRIGHAM COMMUNITY CENTER TENNIS COURTS ' PROJECT #: CDBG #2010-R TRADE COMPANY NAME, ADDRESS & PHONE # LIC:ENSE # I CARPENTRY ' CARPET & VINYL ' DRYWALL ' ELECTRICAL ' HVAC LEAD ABATEMENT 1 MASONRY ' PAINTING ' PLUMBING ' ROOFING ' SIDING ' TERMITE t � 1 �� -- � �� S �� 1.�.�,F �� o� I OTHER �o ��'1G l�.X�aO C�'C7 719'`fl�p..S (� CI �07�I t Q?f1ve , 'l.�(�r4 OF �c�.u.5� �A ��c , �- C�.0 30 f�ib g Sitework � btr 5�.�;G� I� �;c��-F �wro, A�.,K�--n � SC ��'b3 u3 -b3�� - GC(�uGttl ' List all companies that will p rform work on this project. List your company for those trades you will perform with your own employees. Submit to the Housing and Community Development (HCDD) Department with your executed contract. No Subcontractor may start work on this project until approved by HCDD. 1 Apr 21 11 11:06a Paul Giles 364-280-2037 p.1 ' ,— " ' Alf�ClSTA fi�US1NG 8� COMMUNITIf ^ ' DEVELOPAAENT DEPAR'TMI'fEyYT ' This Agteetnent 'ss ��vve�n (Contractar): Pavewa a�' Au usta inc. . , 'fi3�3 C�ordon F�i hw� Au usta, G ia 3090't , and (Subcontractar}: t N�ri'te�: 7 /nsuiancc Cn en . Gom n . P�► nt�mber.• Address: Amaunt af Insu:rance ezS ' F�� r�X �t� #,- o Ucense NumDer. Proje�ct Henry Brigham Cor�nrnuniiy Center Tennis Courts �� f'�`"'�t `� � r.� -� ' . ' Project #: CL�BG #247b-R ' 1 ' ' Tota! p�ice at project � � 5 �� _. � Terms o� p�ym$nt � � J � ' � ,� ' ,� c�f z-t l� s�natura t� ub� twd,�tor'� �ignaRure Oat� , The Sutaconflractcr idec�C}5ed above, under penatty of lav�r, c,�xti�ias tttat h� is prape�ly Jicensed to perfvrm the services ' spCCif►�C1 in the State nf Georgta. The SubCOntraCtQr turther oerDfies th�t he has nat been barred troz'tt pac'ACipating in t�d�c�tly-furi0ed construcct�aR projec.ts, eiUter uncier t►�is campany name bt any previous company name. The SUbc�ntractior waTra�ts aU maberials and workman$hip S�r a period af onc year !ro►n the cl�at� o'f complebon ar #he fuli ' pe�iad of the manufa�turcar's warranty, wtiichaver ;s bng�r. G ' trn0lZ00'd Ot8aa 48C8Zr9£0$ SS�ti ttOZ/6tJDD ' � , r_..=. :� �� AUGUSTA HOUSING & COMMUNITY ' DEVELOPMENT DEPARTMENT ' SUBCONTRACTOR. AGREEMEN7. ; , This Agreement is between (Contractor): ' Pavewa of Augusta, Inc. 1353 Gordon Highwa ' Au usta, Geor ia 30901 ' and (Subcontractor): Name: 7�{ �ryi►9z. J��,. . poR7 ,S p�E,�cc� Insurance Company: ' Company: —� Policy Number.� Address: Amount of Insu:rance Federa/ Tax ID #: ' License Number.� Project: Henry Brigham Community Center Tennis Courts ' ' Project #: CDBG #2010-R ; ; _,, , � ._ ; . Descri '�tio,n of work to :be: erForrned. � :: A° ` �` ' ' , Pa ment Schedule.: ; _; _ ' Total price of ro'ect: $ � p J ' Terms of payment: � , �� l tr " s ignature D te Subcontractor's signature Date ' The Subcontractor identified above, under penalty of law, certifies that he is properly licensed to perform the services specified in the State of Georgia. The Subcontractor further certifies that he has not been barred from participating in ' federally-funded construction projects, either under this company name of any previous company name. The Subcontractor warrants all materials and workmanship for a period of one year from the date of completion or the full period of the manufacturer's warranty, whichever is longer. ' C-6 �M2H^o-2t737 P�z ' ,r 27 11 43:3�p Faul Giles 1 �'t�� A�� : 1�?i ' ' -- . . ,,. , — Sflu�h �arv('sna Laf�ar, Ltce�^ts�i�tg artd Re��Eation �ontra�rs` Licerisin�..��ri .°. . . , � � C��"I`��A:�� _ � . .. � � � . ' . . . . � - � �..: .� �'�is ��s �at: �'A� �i GIL�.S .. � � . ., : - ., 6 BE2�i33�G'�'�I} +E.'T � �. . � _ ' 'T�'�'I,O�S �C 29fi$'7 . . . . Hss � sat"s5fedory e�viderro� of the neoEssacy t�uakiifica�o�s retNired t�y !he taws ai �e St�#e af Saiisst�+ Caro�na and . � • 4 � . . ' is ciu�yr,qua�i€ied ar�d er�tiif�c! t� practr'ce as a; . ' �' .. � . � . . f.-�`r��2A� t.: Q�T�i��'�`Q�C � �, � . . - �" For the classdfscatiofe(s) anQ Gmitati�(s} s#tcxu�m be7v+a as T�s#e� on fhs ticense c.a�rd: .; , . • E�i.3 . ' � . , � . �. U�� G��, � I . ��a�e Qf lssue_ Kc�n��zasa t • . • F�iratlan Oats: 10�t3'ffZ072 �.�.. . : F��:�2�t��g . �. I � - �� 1 _ - �.__.�.__.._.w.�._._.�a.....__. ..�... - - 1 1 . 1 1 1 � 1 1 os�szvs�os zo:q� ��nzr��zr�n_ �00!E00�d b68Z# �:pr 27 9'1 ��ap Patal Gilas 86�-26o-2037 p.1 ' �.��L'��i`�. ��L� V�V�� il V��i�� ' � B�nr�i�r�wc�oa cou� TAYLORS, S.C. 29687 PAtf� A. 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" .;,:_� -�• -:'"r��=`.�..��''x."�~�.-~_ _ - - _ . .m....�dw::wd.k;..lw.d..F7r_........w.+"Yn.�!'�'wA�'e".iu19q)Iw^'�t�'r.,.,geiS51�AP.PA��Y�E±vaiMap�MrWWMxrtnnaaa- "__ '-x_�_ _ '_ _ � ,. ...._ ;.�.... ._,,,,.-. _ . ._ _� •'_'..!- ..u,n ul�nan��'�'J:�pL''�� . . _. , _ _. . _ . _... --•--^.�__.._..__..... ^.�"°'^^r"'Y7"^'„i..i.�-`-.•'Y�u^_.�..��•A _ `��'_�"'�"�_"'. ..�...;�.�a�a:i;_�� .... � _ � ' _ . .. . " " ' ' . .... . ��.�. . .- ........_.. �.�..� - . ' ' - � ' _. . . � . ' ^ ' ... . �.�. .a-. .. . ..I-. •�: .:...+ . r.� :' ..: ::: . . . �00!b00�d tr68Z# 0818Ztr9£OS Z0�91 LL �:�� , U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT , COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS , To: AUGUSTA-RICHMOND COUNTY COMMISSION Date: ' mm/dd/ c/o Project Number: Ms. Rose White ' Augusta Housing & Community Development Department proj ect Name: 925 Laney-Walker Blvd., Second Floor Augusta, Georgia 30901 ' ' l. The undersigned, having executed a contract with Augusta-Richmond County Commission for the construction of the above-identified project, acknowledges that: (a) The Labor Standards provisions are included in the aforesaid contract; , (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility; , 2. He certifies that: (a) Neither he nor any firm, partnership or association in which he has substantial interest is ' designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6 (b) of the Regulations of the Secretary of Labor, Part 5(29CFR, Part 5) or pursuant to Section 3(a) ofthe Davis-Bacon Act, as amended (40 U.S.C. 276a-2(a}). ' (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in � which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. ' �. He agrees to obtain and forward to the aforementioned recipient within ten (10) days after tl�e execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage ' requirements executed by the subcontractors. 4. He certifies that: (a) The le al name and the business address of the undersi�ned are: ' � f�'U � l� I�1'`( � F �,tG-�S�t � � � . � 3S3 G.a�au� l-��K-�� ' �(-�.�,�, C,� 3G�u � � � �-� � F ■ ' (b) The undersigned is: (check one) 1 A Sinale Pro rietorshi 2 A a' a� ' O � p p O �rorporation Or�anized m the State of Geor�ia ✓ (3) A Partnership (4) Other Organization (Describe) ' c The name title and address of the owner artners r ' O , , p o o�cers of the undersigned are: Name Title Address ' 5 �-riu�nc�s w�s7 � �R��,t,?� (�J►'K--� F} 1.Kc—n SC �'�03 � � � �J K �� l�j��ai7 Co - D�3YI� S ��SC � �(�37 ' C' �6 ��nc�-ax� l�'lr� � SC� � 9'8 3 ' (d) The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersigned and the nature of the interest are (If none, so state): ' Name Address Nature of Interest ��C ' ' (e) The names, addresses and trade classifications of all other building construction contractors ' in which the undersigned has a substantial interest are (If none, so state): Name Address Trade Classification � NU nf �. ' / ._-. ' Date: �l �� '!s' � � � (C tr tor) � � y � � � � (S aturej WARNING: U. S. Criminal Code, Section 1010, Title 18 U.S.C., provides in part: "Whoever, ..... makes passes, utters or ' publishes any statement, knowing the same to be false .... shall be fined not more than $5,000 or imprisoned not more than two years, or both." G8 ' ' ,{tpr �� 't'i �U:U�a Naul Giles a�l�io-lU�� p.� , , -- 1 su�ae�xT�craR�s c�zrr�z�.�.xzo�Y � ,CC31�C�.RrFL�v� LA�QX2 SrANDA.�tDS .A�� pREVArLr1V G'VV'AGE RTQi�t�ME�T'S ' �d: A��uS��-�c�.a�.� ca�r�r ca��ss�o�. r��.�� mm/dd/vv , �/n Prajcctl�umber: � � 1VLS. TZ,RSe Whito . AuguSta Ho�sina �'i Community T�cvo4opzncat Do�zrancat p�ojxt 3tiamt: _�~ 9?5 X:ancy-Walkes Blvd.. Sccond fi(aar ' ' August� Geatga 3�941 ' The te�adcz�si3�c.�, hav�g �xccutod � contract with 'Q��,� � �� `S �� ' {Cont►uc c. Ss�bcwuracaorl for �C'I�•�IVt.� rL7�,�J"�' .t�.t.1�LrJ�''� • 11v�aoe oj worti �i..7 r''�� `he oo�structi,on 4f the �bove -identified project, ccrtifr�s tha� � ��+`.� � (a) The Labor �iandard� i'r�visions of ttae� Co�tr�t far Canscxucticuz are inchiderd "za the afor�said ' carstraat Cb} ?+icith.er l�e �ar az�v f�rm. parn�ership oz' a�socia��n in whir,I� he bss su6srz�ntia! in�reres� is ' desigx�ated as a� ineligi�i� eeatracior by t11c Gt>mptrallGr Cas►orai of 'th� t?nitod St�tcs �ursu�t to • Sectioz� 5.6 (by o�the �.e�ulations of ttic Secretzuy of La�xrr, PaR 5(29G'�R, �'ax�t S) or pursuant to 5c�o�i 3(a) of tho Davis-Eac4n Act, as amended (4p t,;.S.C. 276a-i{#)). � , (c� No pait of thc afo�,mcntionec� con�act has br:,n ar will bo .:u�Qnmecicd ta any subconuactor if such subco�rractor or an� brm, carporazion, parmexsb.iP ar assoCialiau �z� which such subcanflracu,r has a subst,anaai in�erest is dcsignat�d �s an incli�;ibtc r.ont�ctor pur��uant to #ho � ' aforGSaid regula�rry or st�tui�ry �revi;�ians. ?-�'t a„recs io ob#ain r_nd for'ward tc 'th� ��'actor, far tr,�nsm� tc� 2hc recigie�z�4 withan �n (10) days � �er t�e exec�ti.ozr ofazay lower subeontr;tet, s Subc.ontrraer.ox's Ceztific�.cion. Cvnc�ning Y.abvr StarndaFds s,a.d �z�rvaiIing Wr�ge R�quirt�.xt�n�, �exece�tcd 1sy the iowcx tior subcontractor, in duplicate. (a) Thc warl�tcu wi�l rapert for duty' oz� ar a�+quc ' ' (�7are) � . � ' G9 � �00I040'd ��SZ� C�818Z79E08 L4:�1 ltOZ,+6l1Dtr _ ,__ ■ Apr 21 11 10:02a Paul Giles a8-1-28�2t737 p.:Z ' i � 1 (b) T�4 c�,�i£�5 r.hat: The Iegal x,azae and nc� busimess addz�ss of �ha �az�dcmigned �re: , � The unde�rsi.�aod is: (chock one+) �(i ) A ing�lo �roprictorshi{� (2} A corporavon Organi�d in rht State o. Geo'rgia : , I • ' (3) A �ari�+crs�tip , (4) dther ar�aniz.azian (Dcscribo) � , (c} �e �am� t]t1C 24L�d addT�55 4��1E Ow(1or, pamiors or of""r�co� of th� vndersigned �: hiamt '�i@c Addross X r..��'vui� �� ' j� � 7. � � �- � f (d) The names and acid�csse� o£ aIl othcr gcrso�s, bot� naz�u and corpbra.t�c, kaviug s: � subsc�z�tial i�atesest in tlue undczsigned azad the naturc af th,e xntcrest $rt (If none, so statc); �?3am� Add�ress NaLtu� af Interest ' i 1 . � (a) The names, addressaS ttud �tr'ruio class�caf.ions a£ ali flther bvilding eart�strttctiom don�a�tc�rs us'c�hiC�Z ihc uzxdezsi�ed hns a subsraa��iaJ, ix�teres2 are (�.f nono, s4 statc): hame '� AcCdsess T�da Classi�ication I j � � � � , . I � � . � �� `-�' .. �S t�,� Date: ��j _ T � — • � f / (� T�'�°ra �� ! Av: • G�'�=fi .� � /� '. T i } W�,�i,,j �O: I:. S. Ct'imimel Codt, Sxtion �Q10, Tit?e 38 U.S.�., provides i�l put; "Witoe+�es. ..... mak.� passes, nt+iers or �'ublil5kics au2y sCalemept� la�owix►g thc s�m� to bt falst ..,. shali bc fined �tpc more th$u 5�,fl4D o�r imprisono0 uot moro �tt� two ycass, or Da�k" . C•1� • S44/S06'd �tBZ� 08t6�b9E08 P0�61 ttOZ/61d1� 't � ' THE AMERICAN INSTITUTE OF ARCHITECTS ' ' ' Bond No.: SB 0345943 Executed in 4 Counterparts ' AIA Document A311 Performance Bond � ' KNOW ALL MEN BY THESE PRESENTS: that Pave-Way of Augusta II1C. (Here insert full name and address or legal title of Contractor) ' 306 Silver Bluff Road, Aiken, SC 29803 (803) 642-6396 as Principal, hereinafter called Contractor, and, Pennsylvania National Mutual Casualty Insurance Company (Here insert full name and address or legal title of Surety) ' 165 Kyle Road, Lexington, SC 29073 (800) 418-2706 as Surety, hereinafter called Surety, are held and firmly bound unto ' Augusta Richmond County Commission, Augusta, Georgia (Here insert full name and address or legal title of Owner) Augusta-Richmond County Municipal Building, 530 Greene Street, Augusta, Georgia 30901 , as Obligee, hereinafter called Owner, in the amount of EIGHTY-FIVE THOUSAND NINE HUNDRED SIXTY-FOUR AND NO/100THS Dollars ( -----$85,964.00----- ) , ' 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 4/7/2011 , entered into a contract with Owner for ' (Here insert full name and address and description of project) Henry Brigham Community Center Tennis Courts Public Facility Project — CDBG # 2010-R ' in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) 2KM Architects ' which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. ' AIA DOCUMENT A317 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA � 1 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 McCartha, Cobb & Associates, Inc. ' 1407 Calhoun Street Columbia, South Carolina 29201 Telephone: 803-799-3474 Fax:803-799-3711 ' ' PERFORMANCE BOND ' 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. The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the ' cost of completion less the balance of the contract price; Whenever Contractor shall be, and declared by Owner but not exceeding, including other costs and damages to be in default under the Contract, the Owner having performed for which the Surety may be liable hereunder, the amount Owner's obligations thereunder, the Surety set forth in the first paragraph hereof. The term "balance ' may promptly remedy the default, or shall promptly of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor 1) Complete the Contract in accordance with its terms under the Contract and any amendments thereto, less and conditions, or the amount properly paid by Owner to Contractor. ' 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before accordance with its terms and conditions, and upon de- the expiration of two (2) years from the date on which termination by Surety of the lowest responsible bidder, final payment under the Contract falls due. ' or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract befinreen such bidder and Owner, the use of any person or corporation other than the and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- , though there should be a default or a succession of trators or successors of the Owner. Geor 'a Residen Agent: ' X ' Joh . Earl Graham-Naylor Agency, Inc. , 1355 Terrell Mill Road, Bldg. 1464, Marietta, Georgia 30067 , Signed and sealed this 20th day of April, 2011 ' Pave-Way of Augusta, Inc. (Principal) (Seal) ' (Witness) 1,�� - ' �tle) ' Pennsylvania National Mutual Casualty Insurance Company (Suret (Seal) ' (Witness) `— C. Wa e McCartha, (Title) Attorney-in-Fact ' AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0 2 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ' ' ' THE AMERICAN INSTITUTE OF ARCHITECTS ' ' Bond No.: SB 0345943 ' Executed in 4 Counterparts A/A 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 Pave-Way of Augusta If1C. (Here insert full name and address or legal title of Contractor) ' 306 Silver Bluff Road, Aiken, SC 29803 (803) 642-6396 as Principal, hereinafter called Principal, and, Pennsylvania National Mutual Casualty Insurance Company (Here insert full name and address or legal title of Surety) ' 165 Kyle Road, Lexington, SC 29073 (800) 418-2706 as Surety, hereinafter called Surety, are held and firmly bound unto ' (Here insert full name and address or legal title of Owner) Augusta Richmond County Commission, Augusta, Georgia Augusta-Richmond County Municipal Building, 530 Greene Street, Augusta, Georgia 30901 ' as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of EIGHTY-FIVE THOUSAND NINE HUNDRED SIXTY-FOUR AND NO/100THS (Here insert a sum equal to at least one-half of the contract price) DOIIa�S ( ----- �85 ,964.00----- ) � ' 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 4/7/2011 , entered into a contract with Owner for ' (Here insert full name and address and description of project) Henry Brigham Community Center Tennis Courts Public Facility Project — CDBG # 2010-R , in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) , 2KM Architects which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. ' AIA DOCUMENT A317 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA O 3 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 McCartha, Cobb & Associates, Inc. ' 1407 Calhoun Street Columbia, South Carolina 29201 Telephone: 803-799-3474 Fax:803-799-3711 ' . ( ' LABOR AND MATERIAL PAYMENT BOND ' 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 fol- lowing conditions: ' 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were fumished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice ' required for use in the performance of the Contract, shall be served by mailing the same by registered mail or labor and material being construed to include that part of certified mail, postage prepaid, in an envelope ad- water, gas, power, light, heat, oil gasoline, telephone dressed to the Principal, Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which ' legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined, who has not been paid in t full before the expiration of a period of ninety (90) b) After the expiration of one (1) year following the days after the date on which the last of such claimanYs date on which Principal ceased Work on said Contract, work or labor was done or perFormed, or materials were it being understood, however, that if any limitation em- furnished by such claimant, may sue on this bond for bodied in this bond is prohibited by any law controlling the use of such claimant, prosecute the suit to final the construction hereof such limitation shall be deemed ' judgment for such sum or sums as may be justly due to be amended so as to be equal to the minimum period claimant, and have execution thereon. The Owner shall of limitation permitted by such law. not be liable for the payment of any costs or expenses of any such suit. c) Other than in a state court of competent jurisdiction ' in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder by situated, or in the United States District Court for the any claimant: distnct m which the Project, or any part thereof, is sit- uated, and not elsewhere. ' a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and to notice to any two of the following: The Principal, the the extent of any payment or payments made in good Owner, or the surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of ' days after such claimant did or perFormed the last of the mechanics' liens which may be filed of record against work or labor, or furnished the last of the materials for said improvement, whether or not claim for the amount which said claim is made, stating with substantial of such lien be presented under and against this bond. Geor i Residen genfi X 1/�- �L� ' Joh H. Earl Graha aylor Agency, Inc. ' 1355 Terrell Mill Road, Bldg. 1464, Marietta, Georgia 30067 Signed and sealed this 20th day of April, 2011 Pave-Way of Augusta, Inc. ' (Principal) (Seal) ' (Witness) � • e� ' Pennsylvania National M as alty Insurance Company (S y) (Seal) ' (Witness) � ' C. yne cCartha, (Title) Attorney-in-Fact — AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA O 4 ' FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 '` , , r PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY , Harrisburg, Pennsylvania POWER OF ATTORNEY 6766 ' Know All Men By these Presents, That PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, a corporation ofthe ' Commonwealth of Pennsylvania, does hereby make, constitute and appoint C. WAYNE MCCARTHA, RAYMOND E. COBB, JR., AND MARJORIE KATHRYN MCCARTHA-POWERS, ALL OF COLUMBIA, SOUTH CAROLINA (EACH) its true and lawful Attorney(s)-in-Fact to make, execute, seal and deliver for and on its behalf as surety as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS PROVIDED THE AMOUNT OF NO ONE BOND OR UNDERTAKING EXCEEDS THE SUM ' OF TEN MILLION DOLLARS ($10,000,000.00)------------------------------------------------------------------ ALL POWER AND AUTHORITY HEREBY CONFERRED SHALL HEREBY EXPIRE AND TERMINATE WITHOUTNOTICE AT MIDNIGHT OF THE 31 DAY OF May, 2014, AS RESPECTS EXECUTION SUBSEQUENT THERETO. And the execution of such bonds in pursuance ofthese presents shall be as binding upon said Company as fully and amply, to all intents and purposes, ' as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Harrisburg Pennsylvania, in their own proper persons. This appointment is made by and under the authorization of a resolution adopted by the Board of Directors of the Company on October 24, 1973 at , Harrisburg, Pennsylvania which is shown below and is now in full force and effect. RESOLVED, that (1) the President, any Vice President, the Secretary, or any Department Secretary shatl have power to appoirt, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Comparry, and affix the Company's seal thereto, bonds, undertakings, recognizance's, contracts of indemnity and other written obligations in the ' nature thereof or related thereto; and (2) any of such Officers of the Compa�ry may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-Fact with authority to execute waivers and consents on behalf of the Compatry; and (3) the signature of any such Oft'icer or of any Assistant Secretary or Department Assistant Secretary and the Company seal may be aft'ixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking recognizance, contract of indemniry or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such Officer ' and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manuaily affixed. In Witness Whereof: PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSi.JRANCE COMPANY has caused these presents to be signed and its corporate seal to be aff"ixed on May 14, 2009. u�� PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSiJRANCE COMPANY ' � � � r �zea �"�i�� s`;�oe '�'m: �� !"..�,'.,�,�.�',,,�.. +�. Q-/`T'J�"�v �� : � '�.�� Karen C. Yazrish, Vice-President, Secretary & General Counsel ' Nh�e'�� Commonwealth of Pennsylvania, County of Dauphin — ss: ' On May 14, 2009, before me appeared Karen C. Yarrish to me personally known, who being by me duly sworn, did say that she resides in the Commonwealth of Pennsylvania, that she is Vice-President, Secretary & General Counsel of PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, That she is the individual described in and who executed the preceding instrument, and that the seal af�"uced on said ' instrument is the corporate seal of said Company, and that said instrument was signed and sealed on behalf of said Company by authority and direction of said Company, and the said office aclrnowledged said instrument to be the free act and deed of said Company. �-Bfp COMMONWEALTH OF PENNSYLVANIA ,n ' .: � �`� Notarial Seal " �� Michelle L. Stouffer, Notary Public City Of Harrisburg, Dauphin County � ��r' My Commission Expires Dec. 71, 2012 Notary PubfiC m�� Member, Pennsylvania Association of Notaries ' I, Michael F. Greer, Vice President, Surety & Fidelity of the PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, a ' corparation of the Commonwealth of Pennsylvania, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by the said Company, which is still in full force and effect. In Witness Whereof, I have hereunto set my hand and affi�ced the corporate seal of said Company on Ap ri 1 2� � 2� I 1. � ,�...-c . ice President, ety & Fidelity ' ' 78-190 (Rev 02/09) i ' PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Harrisburg, Pennsylvania 7198 ' POWER OF ATTORNEY Know All Men By these Presents, That PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania, does hereby make, constitute and appoint RICHARD W. NAYLOR, JOHN H. EARL, ALLAN B. WEBB, � MARGARET S. MEYERS, AND LYNN W. ZACHARY, ALL OF MARIETTA, GEORGIA (EACH) its true and lawful Attorney(s)-in-Fact to make, execute, seal and deliver for and on its behalf, as surety, as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS PROVIDED THE AMOUNT OF NO ONE BOND OR UNDERTAKING EXCEEDS THE � SUM OF FIVE MILLION DOLLARS - - - - - - - - - - - - - - ($5,000,000.00) ALL POWER AND AUTHORITY HEREBY CONFERRED SHALL HEREBY EXPIRE AND TERMINATE WITHOUT NOT[CE AT MIDN[GHT ON FEBRUARY 28, 2021, AS RESPECTS EXECUTION SUBSEQUENT THERETO. And the execution of such bonds in pursuance of these presents shall be as binding upon said Company as fully and amply, to all intents and ' purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Harrisburg, Pennsylvania, in their own proper persons. This appointment is made by and under the authorization of a resolution adopted by the Board of Directors of the Company on October 24, 1973 at , Harrisburg, Pennsylvania which is shown below and is now in full force and effect. RESOLVED, that (1) the President, any Vice President, the Secretary, or any Deparhnent Secretary shall have power to appoint, and to revoke the appoinhnents of, Attomeys-in-Fact or agents with E�ower and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Company, and aftix the Company's seal thereto, bonds, undertakings, recognizance's, contracts of indemnity and other written obligations in the nawre thereof or related thcreto; and (2) any of such Ot�ficers of the Company may appoint and revoke the appointments of joint-control custodians, , agents for acceptance of process, and Attorneys-in-Fact with authority to execute waivers and consents on behalf of the Company; and (3) the signature oC any such Officer or of any Assistant Secretary or Department Assistant Secretary and the Company seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereatter, being hereby adopted by the Company as the original ' signature of such Officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually aftixed. In WiMess Whereof: PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY has caused these presents to be signed and its corporate seal to be hereto affixed on February 9, 201 I. � t ,w,��=�+�wr� PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY �,� dt �a� cn �� r,�-G ;� r ' ��., ,�.� �t .�. Michael F. Gre , Vice President, Surety & Fidelity �'y�e � s.�+*�`.� '�' ' Commonwealth of Pennsylvania, County of Dauphin — ss: On February 9, 201 I, before me appeared Michael F. Greer to me personally known, who being by me duly sworn, did say that he resides in the Commonwealth of Pennsylvania, that he is the Vice President, Surety & Fidelity of PENNSYLVANIA NATIONAL MUTUAL CASUALTY � INSURANCE COMPANY, that he is the individual described in and who executed the preceding instrument, and that the seal affixed to said instrument is the corporate seal of said Company, and that said instrument was signed and sealed on behalf of said Company by authority and direction of said Company, and the said office acknowledged said instrument to be the free act and deed of said Company. cia �i�my, COMMONWEALTH OF PENNSYLVANIA � �'`� �'.... .g2 - Notarial Seal � ,�� p�� , Traci A Kimmich, Notary Public City Of Harrisburg, Dauphin County �� ' l My Commission Expires Oct 31, 2012 -- �� Notary Public ' Member, Pennsylvania Association of Notaries I, Michael F. Greer, Vice President, Surety & Fidelity of the PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, a ' corporation of the Commonwealth of Pennsylvania, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by the said Company, which is still in full force and effect. hrn3xri3us In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of said Company on '�'� �� "� ��"''�: � Y �o�� '� �; �' :�_ ! r +'�'� ' � � �� ' e President, S ety & Fidelity ��'!�•'.d.�'s �.�fr' • ..,. ��a o qNp'�'Y' ?d � R� td'4 k HtnntNtHy� , 78-190e(Rev OS/2010) ' " � � DATE (MMlDD/YYYY) ,�`� ° CERTIFICATE OF LIABILITY INSURANCE 4/19/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFiCATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ' BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT L].S8 D31E CIC CPIW � CRM NAME: � � Blanchard & Calhoun Insurance Agency, Inc. PHONE .(706) 650-6000 F � (706)650-6001 A/C No : E-MAIL ldale@blanchardealhounins.com ' 245 Davis R03C1 ADDRESS: PO BOX 212359 PRODUCER p0011575 ALl St3 GA 30917-2359 INSURERS AFFORDINGCOVERAGE NAIC# INSURED INSURER A:FCCI Insurance Grou INSURER B : Pave-Way of Augus ta, II1C . INSURER C: 306 Silver Bluff Road INSURERD: ' Suite 105-P INSURERE: Aiken SC 29803 INSURERF: COVERAGES CERTIFICATE NUMBER:10/11 All Lines REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ' INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUS�ONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE ADDL UBR POLICY EFF POLICY EXP ��.� LTR INSR NND POUCY NUMBER MMIDD/Yl'YY MM/DDiYYYY , GENERAL LIABILITY EACH OCCURRENCE $ 1� OOO � OOO X COMMERCIAL GENERAL LIABILITY PREM SES Ea occurrence $ lOO � OOO A CLAIMS-MADE � OCCUR PP0011781-01 0/31/2010 10/31/2011 MED EXP (Any one person) $ 5� 000 ' PERSONAL & ADV INJURY $ 1� OOO , OOO GENERAL AGGREGATE $ 2� 000 � 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2� OOO � OOO POLICY X P E � LOC $ ' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1� OOO � OOO (Ea accident) ANY AUTO BODILY INJURY (Per person) $ A ALL OWNED AUTOS 0017126-01 0/31/2010 0/31/2011 BODILY INJURY (Per accident) $ ' X SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) X NON-OWNED AUTOS Uninsured/Underinsured S 500 � 000 ' Motorist $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2� 000 , OOO EXCESS LtA6 CLAIMS-MADE AGGREGATE $ 2, OOO � O00 DEDUCTIBLE $ 1 A x RETENTION $ 10 000 0011533-01 10/31/2010 0/31/2011 $ A WORKERS COMPENSA710N X WC STATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y � N E.L. EACH ACCIDENT $ 50O OOO � OFFICER/MEMBER EXCLUDED? � N�A 10-WC10A-65422 0/31/2010 0/31/2011 ' (Mandatory in NH) E.l. DISEASE - EA EMPLOYE $ 500 000 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 5�0 000 DESCRIPTION OF OPERATIONS below A Rented & Leased Equipment PP0011781-01 0/31/2010 0/31/2011 �i $150 , 000 ' Deductible $ 5 0 � DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Henxy Brigham Community Tennis Court Public Facility Project - CDBG #2010-R Augusta Richmond County, including their respective Commissioners, Board Members, Of£icers, Agents and Employees individually and collectively are included as Additional Insured with respects to General and Automobile Liability, CERTIFICATE HOLDER CANCELLATION ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN AuguSta Richmond County Commission ACCORDANCE WITH THE POLiCY PROVISIONS. Augusta-Richmond County Municipal Buildin ' 530 Greene Street AUTHORIZEDREPRESENTATIVE Augusta., GA 30901 W Weston IV/LISAD ^�� ''�`� , ACORD 25 (2009/09) O 1988-2009 ACORD CORPORATION. All rights reserved. INS025 �zoosos� The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS ' when required by written contract, but only with respects to work performed by or for the ' named insured. ' , � , ' ' � , ' � ' ' — OFREMARK COPYRIGHT 2000, AMS SERVICES INC. � ' ' i .�_._._. �� naTE i��mo!r•rrr} ��..�''.��? �EE��'��°� �� `��L�`� ��fi� � �� c ��:�z�,�a.a. RRtii�u��:! 'T'F3FS �Eft'T1�l�A'T£ �:tSSTI� AS A A'�A`C'fE€� �3:F FNFG1R�lA'�I�N : I, �21�t3�C7, �e �'�StC>x't '`.CiE3C. t3N�� k�l� C�1�F£R�'N{? 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' � ;� t?Et?t?�71�S1� . ` [ ' 'f R�T�N�7(7W � . ; _' ' ` � ; � ' NIC7REt��DINPEd$A'Ptbflti#NE# � TflRYLItAYfS �R ' � � ��ni��,aa�rtS t-fAs+uTY 'p��(3.��.,��6�� 3��}3/lx1 05�Q�� .':��r+nccro�r�r � s 1.k�JQp��_ �t� Prt�rta�c,�zrat�ra�a��t�rEV�. ___�_____......, �. .�w _ �: �a��w�a��n��at��.u�� c..nx5�ns��+.��ov�� s 1.��OO�C� � tr y� ��na� �;r��r .. � �. n�se�� • Fcsue� ��h� � S tk � 0 � t} �R�GF&� fi�R6vt6�+�4N�3ae�t�nr � , t�tti£H ; , ! '� 1 ' j , �' �: . �� : �� : : , i ' . 1 . I��SGifIPTlt7iPL� tlP�RTi�'lOt+tS 1:1.4�#�IC77Fl� Tl�"�U�1.�5l�F�JSIQt�$ 7qCtL3� BY��3(S�II�T d 9E*�CtISL �'RCJ�7CS�fiINS ' � � � ��`_� ' CEF2TIFI�ATE�OT..D� �Ahl'��t.t,ATIKSht . _, �.4'�sfi� �. �seiQU�r��e�r:a�� nso3r� aesc�ie� �s�tc�es a� r.��cc�.�.t�o a�c�� r� �{r�a�a , �a�� ri��a�a�. a'�� r�r�tr�str��u.,��t�or� �� 30 �,,axs v�aorr�r� ' ' . ., '? .. � N�ITIG��T�?THEt`iER3`JP1CA`F'EHOLDSRF#R1�t�at]'f�l'�'HC�S.EPS'>BUTFlAtLf.�R=.Ti��00'�6�SF1ALi. �. . L��res�� c��' �,u+�s� ��gase � c+�ua�nor�:n� �aa��rrrs� nr� �r�n �ra�� E uasu��. f rs �c�r�rs o� �.�33 G�a�rs �I� . ° Augrs�c�. �i �t?9��: . �,v; '`�z�� s�ives. ., : AUTH �i�P ,,;.. ' '. �� : � � : �: .�� f�a A.... �� 8f]2't�� i�?� � 1�OR[[it �� 2i��71QSj , (� ACKFttd GCiiZ#'CiF�lk ION °I988 � �°"" � ; ! ' ` , ; , �,,.� - — € �, ' ��,�,.,�;. � �� C � �� ' _ ,� �.::_:'�:`�_ . ..^.«., , NOTICE TO PROCEED ' TO: ' — PROJECT #: 2010R ' PROJECT NAME: Henry Brigham Community Center Tennis Courts ' 2463 Golden Camp Road, Augusta, GA 30906 DESCRIPTION: Redevelop three existing tennis courts into two (2) new tennis courts with fencing, paving, tennis nets and some side walk replacement. ' You are hereby notified to commence work in accordance with the Agreement dated , , on or before and you are to complete the work within 60 consecutive calendar days thereafter. The date of completion of all work is therefore , ' AUGUSTA HOUSING � COMMUNITY ' DEVELOPMENT DEPARTMENT BY: ' Chester A. Wheeler, III, Director ACCEPTANCE OF NOTICE: � Receipt of the above Notice to � Proceed is hereby acknowledged on this the day of ' — BY: Contractor Name ' Title i C-14 ' - , ��cE�� a�� l �ai� � LOBBYI�G CER'�'IFICATION ' Applicabie to G�an�.�, Sub-grants, CooperaL�ve Agreememts, and Confrac#s Exceedi�a $100,400 �n feder�l funds. ' S�tbmission af th�s certificatioz� is a prerequxsite for xnakxz�g or entering i�ta this transact�an and �s imposed by Section 1352, '�'�tle 31, C7. S. Cade. Tlazs cez�tification is a znaterial represez�tat�on I of fact upon which zeliance was placed when this transaction wa.s made or enterec� iuta. A.z�y perso�. �ho fails to f�J:e the reqnired certifiea�ioz� $hail bc subject to a civil genalfy of Qot lcss than $10,000 and not more than $100,000 �or each suck� faiIure. ' The U�dersigned celfified, ta the best of his oz' her knowledge and belief, that ' 1. No FedEral apnropz�atcd funds have been paid or will be paid, b} or on bek�alf of the unders�.�ned, to a3ny �erson foz influencing or attempting to xz�fluence an officer or employee of axzy agency, a lv�embcr of Con�ress, an officez� or employee o£ Congress, or , an emp�oyee of a Member of Congress in connection�, w�th the awardixzg of ANY Federal cantract, the ma1fl�� of an.y �'ederal grar��, the mia�ing of aay Fedez�al ioan, the ez�tering into of a�.y cooperative ag�eement, a.nd the exrtension, coz�tinuation, renewal, amendment, ' or modifica#ia�a af any Fedez�al contract, grant, laan or coope�at�ve agreement. 2. if a�a funds other than Federal a ra riated fuz�,ds have been �.id or will be aad to ar�y ' persons for influencing or attempting to i.z�fl�ence an officer oz� emplayee of any ager�cy, a Membez� of Congress, an officer or ez�ployee of Congress, or an e�npiayee of aMember of Congress in co�ection witb. THIS redez�a� contract, grant, �oan, ar caopez�arive ' a.gz`eeznent, the undez�sign�d shail eom.plete azzd submit Standard Form-LL,T,, "Discro.sure Form to ,t�eport Lobbying, " in accardanee witli its instna.etions. ' 3. 1`he u�adez�signed sha11 require that the langua�e of xh�s certi�tcation be inel�ded i�x the award doct�ments for ail subawards at alI tiers (inclu.ding subcontracts, suhgra�xts, and c�ntracts tznder grant, loans an.d coo�era.#ave agreements), an.d that a1.I stjbreci.pients shall , certify and disclose according3.y. Narrxe of Off�ieial: � (Print) '�`itle: � _ � � S b°na,turE. Date: � ' a� To rNCZr�E NOTE: CON'T,�CTORS ARE ,REQUZRED, PURSL�ANT TO FED.ERfIL L�l , T.t�E ABOVE LANGUAGE IN SUBCONTRACTS OVER �1 DD, 000 A1V'D TO C)STAIN THIS ' LO1ST �'T�G CER7'IFICATE FROM EACH SUBCC�NTRACTOR BEING 1'AID �100, 000 C1R MORE UIV17�R THIS CO,N7`12ACT. , C , SOO/�OO�d b68Z# 08L8Ztr9�08 �0�91 llOZ/?Z1b0 ' ' ' � FEDERAL & GENERAL REQUIREMENTS � • General Conditions , • Supplemental General Conditions • Additional Supplemental conditions — , Mandatory Compliance for Section 3 • Section 3 Report: Project Workforce � Breakdown "New Hires" ' • Section 3 Report: Project Workforce Breakdown "Subcontractor Contracts" ' • Federal Labor Standard Provisions • Wage Decision Transcript � • Contractor Re ortin Re uirements p J q ' • City's Local Small business Program Statement � • Davis Bacon Poster — W-1321 • Instructions for Development of Affirmative , A�tion Pro rams g ' • Affirmative Action Goals and Timetables • Certification of Non-Segregated Facilities- � Contractor • Certification of Non-Se�regated Facilities- ' Subcontractor 1 � ' , ; ��.� �:-_.. �i�� ' GENERAL CONDITIONS ' . . . .- ' 1. Defi A. Architect means the person or other entity engaged by the Owner or Grant Recipient to perform architectural, engineering, design, and other services related to the work as provided for in the contract. When ' the Owner 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 ArchitecYs 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. "Owner" means the City of Augusta. � F. "AHCDD" means the Augusta Housing and Community Development Department, the Owner's representative for this contract which may be referred to in these General Conditions as Owner. The Owner 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 Owner's AHCDD is required to authorize changes in the work or for release of funds for payment to the Contractor. Notwithstanding AHCDD's role, nothing in this contract shall be construed to create any contractual relationship between the Contractor, Owner and AHCDD. ' G. "Grant Recipient" is the person or organization identified as such in the Construction Contract. The term Grant Recipient means the recipient of grant funds 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. 1 D-1 ' ' / � � �� GENERAL CONDITIONS ' 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. ' 2. Contractor's Responsibility for Work. A. The Contractor shall furnish all necessary labor, materials, tools, equipment, and transportation ,_ necessary for performance of the work. The Contractor shall also furnish all necessary water, heat, light, and power not made available to the Contractor by the Grant Recipient pursuant to the clause entitled "Availability & Use of Utility Services." , B. The Contractor shall perform on the site, and with its own organization, work equivalent to at least 12 percent of the total amount of work to be performed under the order. This percentage may be reduced by , a supplemental agreement to this order if, during performance of the work, the Contractor requests a reduction and OWNER determines that the reduction would be to the advantage of OWNER and the Grant Recipient C. At all times during performance of this contract and until the work is completed and accepted, the i Contractor shall directly superintend the work or assign and have on the work site a competent superintendent who is satisfactory to OWNER and has authority to act for the Contractor. � D. The Contractor shall be responsible for all damages to persons or property that occur as a result of his fault or negligence, and shali take proper safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor shall hold and save the OWNER and Grant ' Recipient, its officers, and agents, free and harmiess from liability of any nature occasioned by the Contractor's performance. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work ' which may have been accepted under the contract. E. The Contractor shall lay out the work from base lines and benchmarks indicated on the drawings and is responsible for all lines, levels, and measurements of all work executed under the contract. The � Contractor shall verify the figures before laying out the work and will be held responsible for any error resulting from its failure to do so. F. The Contractor shall confine all operations (including storage of materials) on the Grant Recipient's , premises to areas authorized or approved by OWNER. G. The Contractor shall at all times keep the work area, including storage areas, free from accumulations of ' waste materials. After completing the work and before final inspection, the Contractor shall: 1) remove from the premises all scaffolding, equipment, tools, and materials (including rejected ' materials) that are not the property of the Grant Recipient and all rubbish caused by its work; 2) leave the work area in a clean, neat, and orderly condition satisfactory to OWNER; 3) perform all specified tests; and, ' 4) deliver the installation in complete and operating condition. H. The Contractor's responsibility will terminate when all work has been completed, the final inspection ' made, and the work accepted by the OWNER and the Grant Recipient. The Contractor will then be released from further obligation except as required by the warranties specified elsewhere in the contract. D-2 � , ' _._._.. " � �� `- , GENERAL CONDITIONS ' 3. Architect's Duties, Responsibilities, and Authority. ' A. The Architect for this contract, if any, shali be designated in writing by the OWNER. B. The Architect shall serve as the OWNER's technical representative with respect to architectural, ' engineering, and design matters related to the work performed under the contract. The Architect, when requested by OWNER, 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 Construcfion 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 in the preparation of change orders and other contract modifications for issuance by OWNER. , 3) Reviewing and making recommendations with respect to: ' a) the Contractor's construction progress schedules b) the Contractor's shop and detailed drawings; c) the machinery, mechanical and other equipment and materials or other articles proposed for � use by the Contractor. d) Assisting in inspections, signing Certificates of Compietion, and making recommendations regarding acceptance of work completed under the contract. ' � ' ' , D-3 ' , , � � - �� / �_..��``�;"�" GENERAL CONDITIONS � ' . . � 1. Pre-construction Conference and Notice to Proceed. ' A. After the Notice of Award has been issued, butprior to the contract execution, the Contractor shall attend ,— a pre-construction conference with representatives of the Grant Recipient, OWNER, its Architect, and other interested parties convened by OWNER. The conference will serve to acquaint the participants with the general plan of the construction operation and all other requirements of the contract. OWNER will ' provide all parties with the date, time, and place of the conference. B. The Contractor shall begin work upon receipt of a written Notice to Proceed from OWNER. The Contractor shall not begin work prior to receiving such notice. � 2. Construction Progress Schedule. A. The Contractor shall, within three (3) business days after the pre-construction conference or another ' period of time determined by OWNER, prepare and submit to Architect and OWNER three (3) copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the � work (including acquiring labor, materials, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, � OWNER may withhold approval of progress payments or take other remedies under the contract until the Contractor submits the required schedule. B. The Contractor shall enter the actual progress on the chart as required by Architect and OWNER and ' immediately deliver three (3) copies of the annotated schedule to Architect and OWNER. If OWNER determines, upon the basis of inspection conducted pursuant to the clause entitled "Inspection and Acceptance of Construction", herein that the Contractor is not meeting the approved schedule, the ' Contractor shall take steps necessary to improve its progress, including those that may be required by OWNER, without additional cost to OWNER or the Grant Recipient. In this circumstance, OWNER 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 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 under. this clause shall be grounds , for a determination by OWNER 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 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. 3. Site Investigation and Conditions AfFecting the Work. ' A. The Contractor acknowledges that he has taken steps reasonably necessary to ascertain the nature and location of the work, and that he has investigated and satisfied himself as to the general and local conditions which can affect the work or its cost, including but not limited to: , 1) conditions bearing upon transportation, disposal, handling, and storage of materials; 2) the availability of labor, water, electric power, and roads; ' D-4 ' ' _...... � '�`� � � , �r��.�'.� ' GENERAL CONDITIONS ' 3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; 4) the conformation and conditions of the ground; and ' 5) the character of equipment and facilities needed preliminary to and during work perFormance. , 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, as weli as from any drawings and specifications made a part of this contract. Any failure of the Contractor to take ' the actions described and acknowiedged 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 or the Grant Recipient. , C. OWNER assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by OWNER. Nor does OWNER 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 Architect and OWNER 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. The OWNER's 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 Architect 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 Architect will make an equitable adjustment in the contract price, the delivery schedule, or both under this clause and the contract � modified in writing accordingly. C. No request by the Contractor for an equitable adjustment to the contract under this clause shall be ' allowed, unless the Contractor has given the written notice required; provided, that the time prescribed above for giving written notice may be extended by OWNER's Architect. 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 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 D-5 ' ' �'� �� — GENERAL CONDITIONS , shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter , shali be promptly submitted to the Architect, who wili make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Architect shall ' furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided. B. Where in the specifications or drawings the words "directed", "required", "ordered", "designated", , "prescribed", or like words are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription" of OWNER is intended. Similarly the words "approved," "acceptable," "satisfactory," or like words shali mean "approved by," or "acceptable to," or "satisfactory to" OWNER's ' Architect and OWNER, unless otherwise expressly stated. C. Where "as shown," "as indicated," "as detailed," or words of similar import are used, it is understood that ' the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean, "provide complete in place", that is "furnished and installed." � D. "Shop drawings" means drawings, submitted to the Architect by the Contractor, subcontractor, or any lower tier subcontractor, showing in detail: ' 1) the proposed fabrication and assembly of structural elements; and 2) the installation (i.e., form, fit, and attachment detaiis) 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 detaii specific portions of the work required by the contract. OWNER's Architect and OWNER may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this ' contract. E. The Contractor shall submit to the Architect for approval one reproducible and five (5) opaque copies � (unless otherwise noted) and to AHCDD for record one opaque copy of all shop drawings as called for under the various headings of these specifications. Deliver the submittai by such method as to assure receipt within two (2) days of sending. Notify the Architect via facsimile on the day the submittal is sent. � F. If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with other contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Architect ' without evidence of the Contractor's approval may be returned for re-submission. OWNER's AHCDD and the Architect will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the reasons therefore. Any work done before such approvai shall be at the � Contractor's risk. Approval by OWNER and the Architect shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with paragraph 9G below. , G. If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Architect approves any , such variation and OWNER concurs, OWNER shall issue an appropriate modification to the contract. If the variation is minor or does not involve a change in price or in time of performance, however, a modification need not be issued. D-6 � ' — ' _. _...� �` 4 '�� , �. �� . , ___. GENERAL CONDITIONS ' H. It shall be the res onsibilit of the Contractor to make timel re uests of the Architect for such lar e scale P Y Y q 9 ' and tull size drawings, color schemes, and other additional information, not already in his possession, which shall be required in the pianning and production of the work. Such requests may be submitted as the need arises, but each such request shali be filed in ample time to permit appropriate action to be taken by all parties invoived, so as to avoid delay. ' L The Contractor shall submit to the Architect for approval six (6) copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. One set (uniess otherwise indicated) of all shop drawings will be retained by OWNER, the Architect, and the Grant Recipient, and , one set will be returned to the Contractor. As required by OWNER's AHCDD, the Contractor, upon completing work under this contract, shall furnish a complete set of ali shop drawings as finally approved. These drawings shall show all changes and revisions made up to the time the work is completed and ' accepted. J. This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the Contractor to ensure that all shop drawings prepared by subcontractors are submitted to the Architect and OWNER. 1 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. ' 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 five (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 ali 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 ciause shall be included in ail 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 limiting competition. The Contractor may use any equipment, material, article, or process that, in the judgment of, and as , D-7 ' ' ��'":� �s:;::.`;: �� b �::�. ' GENERAL CONDITIONS approved by OWNER and the Architect, is equal to that named in the specifications, uniess otherwise � specifically provided in this contract. B. Approval of equipment and materials , 1) The Contractor shall obtain Architect's 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, the Contractor shall also obtain OWNER ' and Architect approval of the material or articles that the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shali provide full information concerning the material or articies. 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, 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. , 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 or the Grant RecipienYs 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 or ,_ Architect 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 Architect 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 o_$ i 1 ' - f : � ��;�- ' �t�.._ °�' _'b�n GENERAL CONDITIONS i specifications in the contract, work shall comply with all appiicable codes and regulations as amended by any waivers. Before beginning the work, the contractor shall examine the drawings and specifications for ' compiiance with all app(icable ordinances and codes bearing on the work and shall immediately report any discrepancy it may discover to Architect and OWNER. Where requirements of the drawings and specifications fail to comply with such applicable ordinances or codes for the new or replaced work, OWNER's Architect will adjust the contract by change order pursuant to the clause entitled "Changes" ' herein to conform to such ordinances or codes, unless waivers in writing covering the difference have been granted by proper authority. B. The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution ' and completion of the work, whether or not covered by the specifications and drawings for the work. 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, suppiies, and equipment; and, ' 4) Avoid work interruptions. B. For these purposes, the Contractor shall: ' 1) Comply with regulations and standards issued by the Secretary of Labor at 29 CFR Part 1926. Failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Statute 96}, 40 U.S.C. 327 et seq., ' 2) Inciude the terms of this clause in every subcontract so that such terms will be binding on each subcontractor. ' C. The Contractor shall maintain an accurate record of exposure data on ali accidents incident to work performed under this contract resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment, and shall report this data in the manner prescribed by 29 ' CFR 1904. D. OWNER's Architect shall notify the Contractor of any non-compliance with these requirements and of the corrective action required. This notice, when delivered to the Contractor or the Contractor's representative ' at the site of the work, shall be deemed sufficient notice of the non-compliance and corrective action required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor faiis or refuses to take corrective action promptly, OWNER's Architect may issue an order stopping ali or part of the work until satisfactory corrective action has been taken. The Contractor shall not ' base any ciaim or request for equitable adjustment for additionai time or money on any stop order issued under these circumstances. ' , D-9 � ' � � / Y b:��fi¢� GENERAL CONDITIONS ' � E. The Contractor shall be responsibie for his subcontractors' compliance with the provisions of this clause. _ The Contractor shall take such action with respect to any subcontract as OWNER, the Secretary of � Housing and Urban Development, or the Secretary of Labor shall direct as a means of enforcing such provisions. 10. Temporary Heating. ' The Contractor shall provide and pay for temporary heating, covering, and enclosures necessary to properly protect all work and materials against damage by dampness and cold, to dry out the work, and to facilitate the ' completion of the work. Any permanent heating equipment used shall be turned over to the Grant Recipient in the condition and at the time required by the specifications. 11. Availability and Use of Utility Services. � A. The Grant Recipient shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, ' the amount of each utility service consumed shali be charged to or paid for by the Contractor at prevailing rates charged to the Grant Recipient. The Contractor shall caretully conserve any utilities furnished without charge. , • B. The Contractor, at its expense and in a manner satisfactory to OWNER Architect, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the , work by the OWNER and the Grant Recipient, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia. 12. Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. , A. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed under this contract, and ' which do not unreasonably interfere with the work required under this contract. B. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging , vegetation that will remain in place. If any limbs or branches of trees are broken during performance of this contract, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by OWNER's Architect. ' 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. D-10 , � ' � _ ✓ � -�.:�j`..� Y � ' GENERAL CONDITIONS � ' 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 and the Architect, unless such work is cleariy 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 materiai 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 pianes 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. � 1. 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 harmiess OWNER, 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, 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 repair the damage promptly, OWNER 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 and the Grant Recipient and shall be built with labor and materials furnished by the Contractor without expense to OWNER 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 and the Grant Recipient, the buildings and utilifies may be abandoned and need not be removed. B. The Contractor shall, as directed by OWNER's Architect, use only established roadways, or use temporary ' roadways constructed by the Contractor when and as authorized by OWNER's Architect. 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. 14. Clean Air and Water (Applicable to Contracts in Excess of $100,000}. ' A. Definition. "Facility" means any building, plant, installation, structure, mine, vessel or other floating craft, location, or site of operations, owned, leased, or supervised by the Contractor or any subcontractor, used in the performance of the contract or any subcontract. When a location or site of operations includes more � than one building, plant, installation, or structure, the entire location or site shall be deemed a facility except when the Administrator, or a designee, of the Environmental Protection Agency (EPA) determines that independent facilities are collocated in one geographical area. ' D-11 1 ' �� _�x. .��` , ..<:.-::'..�.- ' GENERAL CONDITIONS B. In compliance with regulations issued by the United States Environmental Protection Agency (EPA), 40 � CFR Part 15, pursuant to the Clean Air Act, as amended (°Air AcY'), 42 U.S.C. 7401, et seq., the Federal Water Pollution Control Act, as amended ("Water AcY'), 33 U.S.C. 1251, et seq., and Executive Order � 11738, the Contractor agrees to: 1) Not utilize any facility in the performance of this contract or any subcontract which is listed on the EPA List of Violating Facilities pursuant to Part 15 of the regulations for the duration of time that the , facility remains on the list; 2) Promptly notify OWNER's AHCDD if a facility the Contractor intends to use in the performance of this contract is on the EPA List of Violating Facilities or the Contractor knows that it has been ' recommended to be placed on the List; 3) Comply with all requirements of the Air Act and the Water Act, including requirements of Section 114 of the Air Act and Section 308 of the Water Act, and all appiicable clean air and ciean water ' standards; and, 4) Include or cause to be included the provisions of this ciause in every subcontract, and take such — action as HUD may direct as a means of enforcing such provisions. , 15. Energy Efficiency. The Contractor shall compiy with all standards and policies relating to energy efficiency which are contained in , the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94- 163) for the State of Georgia. 16. inspection and Acceptance of Construction. � A. Definitions. As used in this clause: 1) "Acceptance" means the act of OWNER by which OWNER and the Architect approve and the � Grant Recipient assumes ownership of the work performed under this contract. Acceptance may be partial or complete. 2) "Inspection" means examining and testing the work performed under the contract (including, when , appropriate, raw materials, equipment, components, and intermediate assemblies) to determine whether it conforms to contract requirements. 3) "Testing" means that element of inspection that determines the properties or elements, including ' functional operation of materials, equipment, or their components, by the application of estabiished scientific principles and procedures. B. The Contractor shall maintain an adequate quality control system and will ensure that the work performed , under the contract conforms to contract requirements. All work is subject to inspection and test by OWNER's Architect at all places and at all reasonable times before acceptance to ensure strict — compliance with the terms of the contract. If Grant Recipient requires the contractor to work overtime, on ' weekends or on holidays, the contractor must first notify OWNER's Architect and OWNER in writing of the overtime schedule. If OWNER determines it necessary to have OWNER or Architect staff present or on call during the contractor's overtime, the contractor shall reimburse OWNER or the Architect for the staff costs at time.and half the regular staff rate. Should the contractor fail to reimburse OWNER by the next ' progress payment requested by the contractor, OWNER shall deduct such reimbursement from the contractor's next progress payment. ' D-12 � ' ' � ; �� ✓ 4 � � � ' GENERAL CONDITIONS ' C. OWNER and Architect inspections and tests are for the benefit of OWNER 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 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 Architect written authorization. Architect shall give all instructions and approvals with respect to the work to the Contractor. i E. The Contractor shall promptly furnish, without additionai charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by ' OWNER. OWNER may charge to the Contractor any additionai 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 and Architect 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 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 or the Architect not to conform to contract requirements, unless OWNER 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 may: ' 1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor; 2) terminate for default the Contractor's right to proceed. ' I. If any work requiring inspection is covered up without approval of OWNER's Architect, it must, if requested by OWNER, be uncovered at the expense of the Contractor. If at any time before final acceptance of the entire work, OWNER's Architect considers it necessary or advisable to examine work ' already completed by removing or tearing it out, the Contractor shall, on request, promptly furnish all necessary facilities, labor, and material. If such work is found to be defective or non-conforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray all the expenses of the examination and of satisfactory reconstruction. if, however, such work is found to meet , the requirements of the contract, OWNER's Architect 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. ' ' D-13 � , , r �'�.� �' :�.� _� `� GENERAL CONDITIONS ' ' J. The Contractor shall notify OWNER 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 and ' the Architect determine that the state of preparedness is as represented, the inspection wili be completed promptly. Unless otherwise specified in the contract, Grant Recipient 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 be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Grant Recipient's right under any warranty or guarantee. K. Use and Possession Prior to Completion. ' L. The Grant Recipient shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Architect shall furnish the , Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Grant Recipient intends to take possession of or use. However, failure of OOWNER or the Architect to list any item of work shall not relieve the Contractor of responsibility for comptying with the ' terms of the contract. The Grant Recipient's possession or use shali not be deemed an acceptance of any work under the contract. M. While the Grant Recipient has such possession or use, the Contractor shall be relieved of the ' responsibility for: 1) the loss of or damage to the work resulting from the Grant Recipient's possession or use, ' notwithstanding the terms of the "Permits, Licenses, and Codes" clause of this contract; 2) all maintenance costs on the areas occupied; and, 3) furnishing heat, light, power, and water used in the areas occupied without proper remuneration. , N. If prior possession or use by the Grant Recipient delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of , completion, and the contract shall be modified in writing accordingly. 17. Warranty of Title. � The Contractor warrants good title to all materials, supplies, and equipment incorporated in the work and agrees to deliver the premises, together with all improvements thereon, free from any claims, liens or charges, and ' agrees further that neither it nor any other person, firm or corporation shall have any right to a lien upon the premises or anything appurtenant thereto. 18. Warranty of Construction. , _ A. In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph J of this clause, that work performed under this contract conforms to the contract requirements ' and is free of any defect in equipment, material, or workmanship performed by himself, any subcontractor, or supplier at any tier. This warranty shall continue for a period of one year from the date of final acceptance of the work. If the Grant Recipient takes possession of any part of the work before final acceptance, this warranty shall continue for a period of one year from the date that the Grant , Recipient takes possession. D-14 � ' ' - � �� ` �,.._.`��`-��"`" � GENERAL CONDITIONS ' B. The Contractor shall remedy, at the Contractor's expense, any failure to conform, or any defect. in addition, the Contractor shall remedy, at the Contractor's expense, any damage to the Grant Recipient's owned or controlled real or personal property when the damage is the result of: � 1) the Contractor's failure to conform to contract requirements; or � 2) any defects of equipment, materiai, workmanship or design furnished by the Contractor. C. The Contractor will restore any work damaged in fulfilling the terms of this clause. The Contractvr's � warranty with respect to work repaired or replaced will run for one year from the date of repair or replacement. D. The Grant Recipient shall notify the Contractor and OWNER, in writing, within a reasonabie time after the � discovery of any failure, defect, or damage. E. if the Contractor fails to remedy any failure, defect, or damage within a reasonabie time after receipt of � notice, OWNER 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 suppiiers for ' work performed and materials furnished under this contract, the Contractor shall: 1) obtain all warranties that would be given in normal commercial practice; � Z) 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 event the Contractor's warranty under this clause has expired, the Grant Recipient may bring suit at its own expense to enforce a subcontractor, manufacturer, or supplier warranty. ' H. Unless a defect is caused by the negligence of the Contractor or subcontractor at any tier, the Contractor shall not be liable for the repair of any defective material furnished by the Grant Recipient, nor for the repair of any damage that results from any defect in Grant Recipient furnished material. � I. Notwithstanding any provisions herein to the contrary, the estabiishment 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 relatiorship to the time within which his obligation to comply with the contract may be sought to ' be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to its obligation other than specificaily to correct the work. J. This warranty shall not limit the Grant Recipienfs rights under the "Inspection and Acceptance of � Construction" clause of this contract with respect to latent defects, gross mistakes or fraud. ' 19. Prohibition Against Liens. The Contractor is prohibited from placing a lien on the property of the City of Augusta, or it's officers or agents. This prohibition shall apply to all subcontractors at any tier and all material suppliers. ' �� D-15 , , � � '�� '�� GENERAL CONDITIONS 1. Contract Period. ' The Contractor shall complete all work required under this contract within the time schedule established in the ' Notice to Proceed issued by OWNER. 2. Order of Precedence. In the event of a conflict between these General Conditions and the Specifications, the General Conditions shall , prevail. In the event of a conflict between the contract and any applicable state or local law or regulation, the state or locai law or regulation shall prevaii; provided that such state or locai law or regulation does not confiict � with, or is less restrictive than applicable federal law, regulation, or Executive Order. In the event of such a conflict, applicable federal law, regulation, or Executive Order shall prevail. 3. Payments to Contractor. � A. Payments to the Contractor will be made by OWNER on behalf of the Grant Recipient. OWNER shali pay the Contractor the price as provided in this contract. B. Before any payment is made, an inspection by OWNER's Rehabilitation Inspector and the Architect must � be performed. OWNER shall make progress payments approximately every 30 days on the Architect- — determined value of work accomplished that meets the standards of quality established under the contract, as approved by Architect. OWNER may, with the approval of the AHCDD's Director, make more ' frequent payments to contractors that are qualified small businesses. C. Before the first progress payment under this contract, the Contractor shall furnish, in such detail as � requested by OWNER's Architect, a breakdown of the total contract price showing the amount for each principal category of the work, which shall substantiate the payment requested and provide a basis for determining progress payments. The breakdown shall be approved by Architect. If the contract covers more than one project, the Contractor shall furnish a separate breakdown for each. The values and ' quantities employed in making up this breakdown are for determining the amount of progress payments and shall not be construed as a basis for additions to or deductions from the contract price. D. The Contractor shall submit, on forms provided by OWNER, requests for payment showing the value of , the work performed during the period based upon the approved breakdown of the contract price. Such payment requests shall be submitted only for work completed during that period and are subject to correction and revision as required. OWNER, the Architect, and the Grant Recipient must approve the estimates prior to payment. If the contract covers more than one project, the Contractor shall furnish a � separate progress payment estimate for each. E. The OWNER's payment request shall include the following certification, which shall be signed by the � Contractor, or payment shall not be made: "I hereby certify, to the best of my knowledge and belief, that: 1) The amounts requested are only for performance in accordance with the specifications, terms, and ' conditions of the contract; 2) Payments to subcontractors and suppliers have been made from previous payments received under the contract, and timely payments will be made from the proceeds of the payment covered ' by this certification, in accordance with subcontract agreements; and, 3) This request for progress payments does not include any amounts that the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions , of the subcontract." F. Except as otherwise provided in State law, OWNER shall retain ten (10) percent of the amount of progress payments until completion and acceptance of all work under the contract.; , D-16 i_ � , � w� � ��.... ��'� ' GENERAL CONDITIONS ' G. OWNER 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 OWNER's Architect; 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 OWNER and Architect 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. [. 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 OWNER, the Architect, or the Grant Recipient in the course of their employment, the Contractor shall restore such damaged work without cost to OWNER or the Grant Recipient and seek ' redress for its damage only from those who directly caused it. K. OWNER shall make the final payment due the Contractor under this contract after: ' 1) completion and final acceptance of ali work; and 2) presentation of release of all claims against OWNER or the Grant Recipient arising by virtue of this ' contract, other than claims, in stated amounts, that the Contractor has specificalfy 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, OWNER may require the Contractor to furnish receipts or other evidence of payment from all persons performing work and supplying material to the Contractor, if OWNER determines such evidence is necessary to substantiate claimed costs. ' ' D-17 ' ' � a� � GENERAL CONDITIONS I ' N. Prompt Pay Act. This agreement is intended by the parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. in the event any provision of this ' agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this agreement shail control. O. OWNER shall not: ' 1) determine or adjust any claims for payment or disputes arising thereunder between the Contractor and its subcontractors or material suppliers; or, 2) withhold any money for the protection of the subcontractors or material suppliers. The failure or ' refusal of OWNER to withhold money from the Contractor shall in no way impair the obiigations of any surety or sureties under any bonds furnished under this contract. 4. Contract Modifications. ' A. Oniy OWNER has authority to modify any term or condition of this contract. Any contract modification shall be authorized in writing. ' B. OWNER may modify the contract unilaterally: 1) pursuant to a specific authorization stated in a contract clause (e.g., Changes); or ' 2) for administrative matters which do not change the rights or responsibilities of the parties (e.g., changes in addresses). All other contract modifications shall be in the form of supplemental , agreements signed by OWNER, the Contractor, and the Grant Recipient. C. When a proposed modification requires the approval of the Augusta-Richmond County Commission prior ' to its issuance (e.g., a change order that exceeds the Grant Recipient's approved threshold), modification shall not be effective until the required approval is received by OWNER. 5. Changes. ' A. OWNER may at any time, without notice to the sureties, by written order indicated to be a change order, make changes in the work within the general scope of the contract including changes: ' 1) in the specifications (including drawings and designs); 2) in the method or manner of performance of the work; ' 3) Grant Recipient furnished facilities, equipment, materials, services, or site; or, 4) directing the acceleration in the performance of the work. , B. Any other written order or oral order (which, as used in this paragraph, includes direction, instruction, interpretation, or determination) from OWNER that causes a change shall be treated as a change order; ' provided, that the Contractor gives OWNER and Architect written notice stating: 1) the date, circumstances and source of the order; and ' 2) that the Contractor regards the order as a change order. D-18 , ' , ,�'' � � "�-� ' GENERAL CONDITIONS ' C. Except as provided in this clause, no order, statement, or conduct of OWNER shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment. ' D. If any change under this clause causes an increase or decrease in the Contractor's cost or the time required for the performance of any of the work under this contract, whether or not changed by any such order, OWNER 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 aliowed 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 OWNER 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, OWNER 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 foliowing 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 materiais; 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 t 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 impiemented by HUD Handbook 2210.18, in effect on the date of this contract. The Contractor shall not be allowed a profit on the profit received by any subcontractor. Equitabie adjustments for deleted ' work shall include a credit for profit and may include a credit for indirect costs. On proposals covering both increases and decreases in the amount of the contract, the application of indirect costs and profit shall be on the net-change in direct costs for the Contractor or subcontractor performing the work. � !. The Contractor shall include in the proposal its request for time extension (if any), and shall include sufficient information and dates to demonstrate whether and to what extent the change will delay the completion of the contract in its entirety. , J. OWNER shall act on proposals within 30 days after their receipt, or notify the Contractor of the date when such action vJil! be taken. ' D-19 ' ' v � � ,,�'�� GENERAL COND(TIONS ' K. Failure to reach an agreement on any proposal shall be a dispute under the clause entitled "Disputes" ' herein. Nothing m 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 OWNER. 6. Suspension of Work. ' A. OWNER may order the Contractor in writing to suspend, delay, or interrupt a�l or any part of the work of this contract for the period of time that OWNER determines appropriate for the convenience of OWNER ' or the Grant Recipient. B. If the performance of all or any part of the work is, for an unreasonable period of time, suspended, ' delayed, or interrupted: 1) By an act of OWNER in the administration of this contract; or ' 2) By OWNER's failure to act within the time specified in this contract (or within a reasonable time if not specified); an adjustment shall be made for any increase in the cost of performance of the contract excludin rofit ' � 9P ) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, ' or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or �egligence of the Contractor or for which any equitable adjustment — is provided for or excluded under any other provision of this contract. , C. A claim under this clause shall not be allowed: 1) For any costs incurred more than 20 days before the Contractor shall have notified OWNER and ' Architect in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and, 2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the ' termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 7. Disputes. t A. "Claim," as used in this clause, means a written demand or assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of ' contract terms, or other relief arising under or relating to the contract. A claim arising under the contract, uniike a claim relating to the contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. A voucher, invoice, or other routine request for payment � that is not in dispute when submitted is not a claim. The submission may be converted to a claim by complying with the requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasanable time. ' B. Except for disputes arising under the clauses entitled "Labor Standards" and "Labor Standards - Non- routine Maintenance", all disputes arising under or relating to this contract, including any claims for D-20 ' ' ' - �.` n .�� I GENERAL CONDITIONS ' damages for the alleged breach thereof which are not disposed of by agreement, shall be resolved under this clause. ' C. Ail claims by the Contractor shall be made in writing within ten (10) calendar davs from the date of the occurrence of the dispute and submitted to AHCDD for a written decision. A claim by the Grant Recipient against the Contractor shall be subject to a written decision by OWNER. All claims by the ' Contractor shall be made in writing and submitted to OWNER for a written decision. D. OWNER shali, within 60 days after receipt of the request, decide the claim or notify the Contractor of the ' date by which the decision will be made. E. OWNER's decision shall be final unless the Contractor: ' 1) appeals in writing to the OWNER's 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 OWNER'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 OWNER'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 OWNER. ' 8. Default. ' A. OWNER 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 creditors; ' 9) Failure or refusal within 10 days after payment by OWNER or upon written notice by OWNER, 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; D-21 , 1 , � �_ £�:� GENERAL CONDITIONS ' 10 Failure to rotect to re air, or to make ood an dama e or in ur to ro ert , or ' ) P , P 9 Y 9 J Y P P Y' 11) Breach of any provision of this Contract. ' B. In the event that OWNER terminates this Contract in whole or in part as provided in Subparagraph A above, OWNER 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 OWNER for any reasonable excess costs for such similar or identical services included within the terminated part of the Contract. C. If the Contract is terminated as provided in Subparagraph A above, OWNER, in addition to any other ' rights provided in this paragraph, may require the Contractor to transfer title and deliver immediately to the Grant Recipient in the manner and to the extent directed by OWNER, such partially completed work, including, where applicable, reports, working papers and other documentation, as the Contractor has ' specifically produced or specifically acquired for the performance of such part of the Contract as has been terminated. Payment for completed work accepted by OWNER's Architect shall be at the Contract price. Except as provided below, payment for partially completed work including reports and working papers, delivered to and accepted by OWNER shall be in an amount agreed upon by the Contractor and t OWNER. OWNER may withhold from amounts otherwise due the Contractor for such completed or partially completed works, such sum as OWNER determines to be necessary to protect OWNER and the Grant Recipient against loss. ' D. The rights and remedies of OWNER provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. E. OWNER failure to exercise any rights or remedies provided in this paragraph shall not be construed to be ' a waiver by OWNER of its rights and remedies in regard to the event of default or any succeeding event of defauit. - F. The Contractor's right to proceed shall not be terminated or the Contractor charged with damages under ' this ciause if the delay in compieting the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: ' 1) acts of God, or of the public enemy; 2) acts of the Grant Recipient, OWNER, or other governmental entity in either its sovereign or ' contractual capacity; 3) acts of another contractor in the performance of a contract with OWNER or the Grant Recipient; 4) fires; ' _ 5) floods; 6) epidem ics; ' 7) quarantine restrictions; 8) strikes; ' 9) freight embargoes 10) unusually severe weather; or 11) delays of subcontractors or suppliers at any tier arising from unforeseeabie causes beyond the , control and without the fault or negligence of both the Contractor and the subcontractors or suppliers. - D-22 ' ' ' �`' ::'E� � �<:Y:�::��. I GENERAL CONDITIONS ' G. The Contractor, within 10 days from the beginning of such delay (unless extended by Owner) must notify Owner and Architect in writing of the causes of delay. Owner and Architect shall ascertain the facts and ' the extent of the delay. If, in the judgment of Owner, the findings of fact warrant such action, time for compieting the work shall be extended by written modification to the contract. The findings of Owner shall be reduced to a written decision that shall be subject to the provisions of the "Disputes" clause of this contract. ' H. If, after termination of the Contractor's right to proceed, it is dete�mined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been for convenience of Owner and the Grant Recipient. ' I. 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 Owner, as liquidated damages, the sum of $100.00 for each day of delay. If different compietion 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 shali not be due the Grant Recipient. The Contractor remains liable for damages caused other than by delay. ' B. If Owner terminates the Contractor's right to proceed, the resulting damage wili consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any ' increased costs occasioned Owner in completing the work. C. If Owner 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. Owner may terminate this contract in whole, or in part, whenever Owner determines that such termination is in the best interest of Owner 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, Owner and the Grant Recipient shall be liable to the Contractor for reasonable and proper costs resulting from such termination upon the t receipt by OWNER 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 OWNER to the Contractor or by the Contractor to the subcontractor or supplier; ' 3) the cost of preserving and protecting the work already performed until the Grant Recipient or assignee takes possession thereof or assumes responsibility therefor; ' 4) the actual or estimated cost of legal and accounting services reasonably necessary to prepare and present the termination claim to OWNER; and 5) an amount constituting a reasonable profit on the value of the work performed by the Contractor. ' D-23 , � � ��;� ' GENERAL CONDITIONS ' C. OWNER 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 expressiy 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 ali or any part of the work to be ' performed under this Contract without the prior written consent of OWNER, which consent may be withheld at the sole and absolute discretion of OWNER. C. The Contractor may not assign, in whole or in part, this Contract or its rights, duties, obligations, or ' responsibilities hereunder without the prior written consent of OWNER, which consent may be withheld at the sole and absolute discretion of OWNER. '_ D. The Contractor may not, without the consent of OWNER, assign its rights to payment to be received under the Contract. E. For the purposes of this Contract, the term "assign" shall include, but shall not be limited to, the sale, gift, ' assignment, pledge, or other transfer of any Grant Recipient's interest in the Contractor provided, however, that the term shall not apply to the sale or other transfer of stock of a pubiiciy traded company. ' F. Any assignment consented to by OWNER shall be evidenced by a written assignment agreement executed by the Contractor and its assignee in which the assignee agrees to be legaliy bound by all of the terms and conditions of the Contract and to assume the duties, obligations, and responsibilities being , assigned. G. A change of name by the Contractor, following which the Contractor's federal tax identification number remains unchanged, shall not be considered to be an assignment hereunder. The Contractor shall give ' OWNER written notice of any such change of name. 12. insurance and Bonds. , A. Before commencing work, the Contractor and each subcontractor shall furnish OWNER with certificates , of insurance showing the following insurance is in force and will insure all operations under the Contract: 1) Workers' Compensation, in accordance with State of Georgia Workers' Compensation laws. 2) Commercial General Liability with a combined single limit for bodily injury and property damage of , not less than $1,000,000 per occurrence to protect the Contractor and each subcontractor against claims for bodily injury or death and damage to the property of others. This shall cover the use of ail equipment, hoists, and vehicles on the site(s) not covered by Automobile Liability under (3) , below. if the Contractor has a"claims-made" policy, then the following additionai requirements apply: the policy must provide a"retroactive date" which must be on or before the execution date of the Contract; and the extended reporting period may not be less than five years following the ' completion date of the Contract. D-24 ' ' ' � � b�� ;�. I GENERAL CONDITIONS ' 3) Automobile Liability on owned and non-owned motor vehicies used on the site(s) or in connection therewith for a combined singie limit for bodily injury and property damage of not less than ' $1,000,000 per occurrence. B. Before commencing work, the Contractor shall furnish OWNER with a certificate of insurance evidencing , that Buiider's Risk (fire and extended coverage) insurance on all work in place and/or materials stored at the building site(s), including foundations and building equipment, is in force. The Builder's Risk insurance shall be for the benefit of the Contractor and the Grant Recipient as their interests may appear and each shall be named in the policy or policies as an insured. The Contractor in installing equipment ' supplied by the Grant Recipient shall carry insurance on such equipment from the time the Contractor takes possession thereof until OWNER and the Grant Recipient accept the Contract work. The Builder's Risk Insurance need not be carried on excavations, piers, footings, or foundations untii such time as work on the superstructure is started. It need not be carried on landscape work. Policies shall furnish coverage ' at ail times for the full cash value of all completed construction, as well as materials in place and/or stored at the site(s), whether or not partial payment has been made by OWNER. The Contractor may terminate this insurance on buildings as of the date taken over for occupancy by the Grant Recipient. The ' Contractor is not required to carry Builder's Risk Insurance for modernization work that does not invoive structural alterations or additions and where the Grant Recipient's existing fire and extended coverage policy can be endorsed to include such work. , C. Prior to signing of the Construction Contract, the Contractor must furnish a Performance Bond and Labor and Material Payment Bond covering the faithful performance of the Contract and the payment of all obligations arising thereunder, issued at 100% of the Contract Amount for all coverages. The ' Performance Bond and the Labor and Material Payment Bond may be in one, or may be in separate instruments, in accordance with locai law. D. The Contractor shall furnish copies of all insurance certificates to OWNER 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 OWNER. Additionally, should the insurance become ineffective or lapse during construction, OWNER 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 shali furnish evidence of coverage to OWNER. All certificates of insurance, as evidence of coverage, shaii provide that no coverage may be canceled or non-renewed by the insurance company until at least 30 days prior written notice has been given to OWNER. ' 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. ' D-25 , ' � �� " ��?;,�. _. ' GENERAL CONDITIONS 2) "Subcontractor" means any supplier, vendor, or firm that furnishes suppiies, 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 OWNER. � C. The Contractor shall not enter into any subcontract with any subcontractor who has been denied ' participation in any OWNER or HUD program or who has been suspended or debarred from participating in contracting programs by the City of Augusta, OWNER, 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 OWNER or between any subcontractor and the Grant Recipient. 14. Subcontracting with Small and Minority Firms, Women's Business Enterprise, and Labor Surp(us Area ' Firms. The Contractor shall take the following steps to ensure that, whenever possible, subcontracts are awarded to ' small business firms, minority firms, women's business enterprises, and labor surplus area firms: A. Placing qualified small and minority businesses and women's business enterprises on solicitation fists; ' B. Ensuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; ' C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; ' D. Establishing delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses and women's business enterprises; and E. Using the services and assistance of the U.S. Small Business Administration, the Minority Business ' Development Agency of the U.S. Department of Commerce, and State and local governmental small business agencies. ' 15. Equal Employment Opportunity. A. During the performance of this contract, the Contractor agrees as follows: , 1) The Contractor shall not discriminate against any employee or applicant for employment because ' of race, c�lor, religion, sex, national origin, or handicap. D-26 ' � ' e "._` �, � , GENERAL CONDITIONS ' 2) The Con#ractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national ' origin, or handicap. Such action shall include, but not be limited to: (a) employment; ' (b) upgrading; (c) demotion; (d) transfer; ' (e) recruitment or recruitment advertising; (fl layoff or termination; � (g) rates of pay or other forms of compensation; and (h) selection for training, including apprenticeship. , B. The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by OWNER that explain this clause. ' C. The Contractor shall, in ali solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or handicap. � 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 OWNER 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 empioyees 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 ali 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 deciared 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 D-27 ' ' r� u�a� �� GENERAL CONDtTIONS ' Contractor becomes invoived 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, SecEion 3 of the Housing and Urban Development Act of 1968. ' A. The work to be perFormed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u(section 3). The purpose of section 3' is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD regulations in 24 CFR part 135, which implement � section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 � regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the ' labor organization or workers representative of the contractors commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section � 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with ' regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation , of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled ' (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were ' not filled to circumvent the contractors obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. ' G. In the event of a determination by OWNER that the Contractor is not in compliance with this clause or any rule, regulation, or report submission requirements of OWNER, this contract may be canceled, � terminated; or suspended in whole or in part, and the Contractor may be declared ineligible for further OWNER contracts. ' D-28 ' , ' ..�._....... ' tt ��, � �- � GENERAL CONDITIONS i 17. Interest of Members of Congress. ' No member of or delegate to the Congress of the United States of America shall be admitted to any share or part of this contract or to any benefit that may arise therefrom. ' 17. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees. No member, officer, or employee of OWNER, the Grant Recipient, no member of the governing body of the City ' of Augusta, and no other public official of the City of Augusta who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof. � 18. Limitations on Payments Made to Influence Certain Federal Financial Transactions. � A. The Contractor agrees to comply with Section 1352 of title 31, United States Code which prohibits the use of Federal appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of ' any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement. ' B. The Contractor further agrees to comply with the requirement of the Act to furnish a disclosure (OMB Standard Form LLL, Disclosure of Lobbying Activities) if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to ' any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement. , C. Indian tribes (except those chartered by States) and Indian organizations as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B) are exempt from the requirements of this clause. ' 19. 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 OWNER and the Grant Recipient harmless from loss on account thereof; except that OWNER, 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 OWNER. Failure to give such notice shall make the Contractor responsible ' for resultant loss. 20. Examination and Retention of Contractor's Records. , A. OWNER, 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 , D-29 ' ' , �' � ;'�� :�.. . �;�A � GENERAL CONDITIONS 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 OWNER, HUD, or , Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeais, litigation, claims, or exceptions. 21. Labor Standards - Davis-Bacon and Related Acts. � If the total amount of this contract exceeds $2,000, the Federal labor standards set forth in the clause below shall apply to the construction work to be performed under the contract, except if the construction work has been ' determined to be "Non-routine Maintenance" subject to the terms of that clause of this contract. 22. 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 weekiy period. Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers ' or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage ' determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. , B. Any ciass of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall ' approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met: D-30 ' ' _ __ _ __ _-- ' " �� ,�� ' GENERAL CONDITIONS ' 1) The work to be performed by the classification requested is not performed by a classification in the wage determination; ' 2) The classification is utifized in the area by the construction industry; and 3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. ' C. If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the ciassification and wage rate (inctuding the amount ' designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employee Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so ' advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. t D. In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its ' designee, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. ' E. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (b)(2)(ii) or (iii) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. ' F. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as ' stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. G. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider t as part of the wages of any laborer or mechanic the amount of any costs reasonabiy anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act ' have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. N. Withholding of funds. HUD or its designee shall, upon its own action or upon written request of an ' authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the ' same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, empioyed 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. D-31 ' � .�� a �.��A .__. GENERAL CONDITIONS I 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. ' 23. Payrolls and basic records. A. Payrolls and basic records relating thereto shail 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 weekiy number of hours worked, deductions made, and actuai 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 , payrolis to OWNER for transmission to HUD or its designee. The payrolls submitted shall set out accurately and compietely 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 (Federai , 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 payrolis by all subcontractors. ' C. Each payroll submitted shall be accompanied by a"Statement of Compiiance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons empioyed under the contract and shali 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 applicabie wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the appiicable '_ wage determination incorporated into the contract. D. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form , WH-347 shall satisfy the requirements for submission of the "Statement of Compliance" required by subparagraph C of this clause. D-32 � ' ' , � , � e�� ' GENERAL CONDITIONS t E. The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Titie 31 of the United States ' Code. F. The Contractor or subcontractor shali make the records required under subparagraph D available for inspection, copying, or transcription by authorized representatives of HUD or its designee, OWNER, or ' the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the Contractor, take such action as may be ' necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds tor debarment action pursuant to 29 CFR 5.12. ' G. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau ' of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary empioyment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be , eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroli at an apprentice ' wage rate, who is not registered or otherwise employed as stated in this paragraph, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the ' work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for , the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, ' apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency ' recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. ' H. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. ' Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for ' the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the appiicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour , D-33 ' ' ,. � � � �"� .., � �� ' GENERAL CONDITIONS Division determines that there is an apprenticeship program associated with the corresponding ' journeyman wage rate in the wage determination which provides for less than full fringe benefits for _ apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in ' a training pian approved by the Employment and Training Administrafion shall be paid not less than the applicable wage rate in the wage determination for the classification of work actuaily 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 shail 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 ciause 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 Davis- ' 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 ciause 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 OWNER, HUD, the U.S. Department of Labor, or the employees or their , representatives. 24. Certification of etigibility. ' A. By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded contracts by the ' United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). B. No part of this contract shall be subcontracted to any person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). ' C. The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001. 25. 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. D-34 ' , � _. ~`� �� ' GENERAL CONDITIONS ' B. Violation; liability for unpaid wages; (iquidated damages. In the event of any violation of the provisions set forth in subparagraph J(1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable , to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic (including watchmen and guards) employed in , violation of the provisions set forth in subparagraph J(1) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in subparagraph J(1 } of this clause. ' C. Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to ' be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any Federal contract with the same prime Contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such � Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in subparagraph J(2) of this clause. ' 26. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this clause, and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all ' these provisions. 27. Labor Standards - Non-routine Maintenance. Not applicable. � 28. Non-Federal Prevailing Wage Rates. A. Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under State law ' to be prevailing, with respect to any employee in any trade or position employed under the contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever either of the following occurs: ' 1) Such non-Federal prevailing wage rate exceeds: (a) the applicable wage rate determined by the Secretary of Labor pursuant to the Davis-Bacon � Act (40 U.S.C. 276a et seq.) to be prevailing in the locality with respect to such trade; (b) an applicable apprentice wage rate based thereon specified in an apprenticeship program registered with the Department of Labor or a DOL-recognized State Apprenticeship Agency; ' (c) an applicable trainee wage rate based thereon specified in a DOL-certified trainee program. ' B. Such non-Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position. � ' D-35 ' r _ �;�� ' �. R m n}�z� . SUPPLEMENTAL CONDITIONS ' 1. Architect: Architectural and Engineering services for this project will be provided by: ' ZKM Architects 2275 Wriqhtsboro Road Aupusta, GA 30904 ' 2. Approved EquaL• ' Whenever a product is defined in this invitation by trade name and catalogue number of a manufacturer or contractor, the term "or approved equal", if not inserted therewith shall be implied. Any reference to a particular manufacturer's 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 t the sole opinion of the Augusta Housing & Community Development Department (OWNER), 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 OWNER. Such loss, injury or destruction shall not release contractor from any contractual obligations. All products must be delivered within the time period specified on the order. Time is of the essence and, in addition to any other remedies contained in this invitation for bid, the order is subject to termination for failure to deliver as specified. In the event of ' termination, OWNER 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 ' OWNER. 4. Inspection and Rejection: � No product received by OWNER shall be deemed accepted until OWNER 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 OWNER and Architect shall be final. It shall thereupon become the duty af the contractor to remove rejected products from the premises without expense to OWNER within ' fifteen (15) days notification. Rejected products left longer than fifteen (15) days will be regarded as abandoned, and OWNER shall have the right to dispose of them as its own property and shall retain that portion of the proceeds of any sale which represents OWNER costs and expenses in regard to the � storage and sale of the products. Upon notice of rejection, the contractor shall immediately replace all such rejected products with others conforming to the specifications and which are not defective. If the D-36 ' ' , r `� . � ,it_�i� , SUPPLEMENTAL CONDITIONS ' contractor fails, neglects or refuses to do so, OWNER shall then have the right to purchase in the open market a corresponding quantity of such products, and deduct from any monies due or that may thereafter become due to the contractor, the difference between the price stated in the contract or ' purchase order and the actual cost thereof to OWNER. 5. OWNER Approval of Subcontracts. ' A. Any proposed subcontracts shall be disclosed in Contractor's bid submission. Contractor shall furnish such written information as OWNER may require concerning the proposed subcontractor, together with the proposed subcontractor's Non-Collusion Affidavit in the form prescribed by ' OWNER within five (5) days of OWNER request for such information. Any objection shall be expressed in writing by OWNER within ten (10) days after receipt. ' B. OWNER may, without claim for extra cost by the contractor, disapprove any subcontractor for cause on the basis of its own determination or because of the fact that the proposed subcontractor is listed as ineligible to receive awards of contracts from the United States on a current OWNER list or list ' furnished by HUD. C. Nothing contained in the contract shall create any contractual refation between any subcontractor ' and OWNER. ' 6. Withholding for damages. OWNER may withhold, or cause to be withheld, from any monies payable for acceptable work performed by the contractor or subcontractor, damages caused by the contractor or subcontractor, or other claims against the contractor or subcontract such sums as may be determined to ' be necessary to satisfy any liabilities of such contractor or subcontractor. 7. Hold Harmless. It is understood and agreed that contractor shall be deemed and considered an ' independent contractor in respect to the work covered by this Agreement, and shall assume all risk and responsibility for casualties of every description in connection with the work which can be attributed either directly or indirectly to the contractor. Contractor itself, its successors, assigns, heir, executors ' and administrators, agrees to indemnify, defend and save harmless the Grant Recipient and OWNER, all its officers and subordinates: ' A. from all suits and actions of every nature brought against the OWNER and Grant Recipient or any of them for or on account of any damage or loss sustained by the OWNER and Grant Recipient, and does agree to pay any and all such damages including costs of litigation and counsel fees whether ' defended by OWNER or contractor; and ' , ' D-37 , r' � �"� ' / � �� SUPPLEMENTAL CONDITIONS ' 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 hoid harmless both the Grant Recipient and OWNER, 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 OWNER 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 OWNER 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 sha(I comply with such laws and assume all obligations imposed by any one 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 OWNER 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. , ' ' ' , ' D-38 ' , ' ✓�- `� ��' `'� :, '.�_': ��;}.�a ADDITIONAL SUPPLEMENTAL CONDITIONS �� - , • SECTION 3 COMPLIANCE: , 1. Employment, Training, and Contracting Opportunities for Low-Income Persons, Section 3 of the Housing and Urban Development Act of 1968. ' The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD-assisted projects covered by Section 3, shall, to the greatest , extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. ' 2. Employment Opportunities Generated By Section 3 Covered Assistance. All employment opportunities generated by the expenditure of Section 3 covered public and Indian housing assistance (i.e., operating assistance, development assistance and modernization assistance, as described in ' Section 135.3(a)(1)). With respect to Section 3 covered housing and community development assistance, this term means all employment opportunities arising in connection with Section 3 covered projects (as described in Section 135.3(a)(2)), including management and administrative jobs connected with the Section 3 covered project. ' Management and administrative jobs include architectural, engineering or related professional services required to prepare plans, drawings, specifications, or work write-ups; and jobs directly related to administrative support of these activities, e.g., construction manager, relocation specialist, payroll clerk, etc. , 3. Definitions: A. Section 3 resident means: ' (1) A public housing resident; or ' (2) An individual who resides in the metropolitan area or non-metropolitan county in which the Section 3 covered assistance is expended, and who is: (a) A low-income person, as this term is defined in Section 3(b)(2) of the 1937 Act (42 U.S.C. , 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80% of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may ' establish income ceilings higher or lower than 80% of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families; or ' (b) A very low-income person, as this term is defined in Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50% of the median family income � for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50% of the median for the area on the basis of the Secretary's findings that such variations are necessary because of ' unusually high or low family incomes. (C) A person seeking the training and employment preference provided by Section 3 bears the responsibility of providing evidence, if requested, that he/she is eligible for the preference. Section � 8 assistance means assistance provided under Section 8 of the 1937 Act (42 U.S.C. 1437f) pursuant to 24 CFR part 882, subpart G. ' D-39 ' , �, ��;,'�� ' ��A ADDITIONAL SUPPLEMENTAL CONDITIONS `�� " ' B. Section 3 business concern means a business concern, as defined in this Section: ' (1) That is 51 % or more owned by Section 3 residents; or (2) Whose permanent, fuli-time employees include persons, at least 30 percent of whom are currently ' Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents; or (3) That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all ' subcontracts to be awarded to business concerns that meet the quaiifications set forth in paragraphs (1) or (2) in this definition of "Section 3 business concern." ' C. Subcontractor means any entity (other than a person who is an employee of the contractor) which has a — contract with a contractor to undertake a portion of the contractor's obligation for the performance of work � generated by the expenditure of Section 3 covered assistance, or arising in connection with a Section 3 covered project. D. Section 3 ciause means the contract provisions set forth in Sec. 135.38. ' E. Section 3 covered activity means any activity that is funded by Section 3 covered assistance pubiic and Indian housing assistance. ' 4. Responsibilities of the OWNER. The OWNER has the responsibility to comply with Section 3 in its own operations, and ensure compliance in the , operations of its contractors and subcontractors. This responsibility includes but may not be necessarily limited to: A. Implementing procedures designed to notify Section 3 residents about training and employment ' opportunities generated by Section 3 covered assistance and Section 3 business concerns about contracting opportunities generated by Section 3 covered assistance; B. Notifying potential contractors for Section 3 covered projects of the requirements of this part, and ' incorporating the Section 3 clause in all solicitations and contracts; C. Facilitating the training and employment of Section 3 residents and the award of contracts to Section 3' business concerns by undertaking activities to reach the goals set forth in Section 135.30; D. Assisting in obtaining the compliance of contractors and subcontractors with the requirements of this part, t and refraining from entering into any contract with any contractor where the Owner has notice or knowledge that the contractor has been found in violation of the regulations in 24 CFR part 135; and E. Documenting actions taken to comply with the requirements of this part, the results of actions taken and � impediments, if any. 5. Employment and Contracting with Residents, Resident-owned Businesses, Small and Other Businesses. , A. General. The OWNER strongly supports a policy of contracting and providing employment opportunities with residents and resident-owned businesses. Accordingly, agencies are strongly encouraged to contract with � residents and resident-owned businesses whenever possible. B. Section 3 of the HUD Act of 1968. D-40 ' ' ' ' 4 �� . ADDITIONAL SUPPLEMENTAL CONDITIONS �� ^ ' ' (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 in meeting resident empioyment, training, and local contracting objectives ' under Section 3. Further guidance is provided in Federal Register Notice, dated October 6, 1992 and HUD Notice 92-01-SL (See Appendix 32). ' (3) HUD Handbook 8023.1, Implementing Section 3 of the Housing and Urban Development Act of 1966 provides guidance regarding compliance with Section 3. Some of the important provisions include but are not limited to the following: ' (a) Solicitations, regardless of the method, must advise prospective contractors of the Section 3 requirements. (b) The Section 3 contract clause must be included in all covered contracts. ' (C) OWNER and its contractors must make a good faith effort to provide, to the greatest extent feasible, training and employment to lower income residents of the unit of local government in connection with the work on an assisted project. In filling vacancies, OWNER and its contractors may ' prominentiy post notices at the project site and in the OWNER Office and may contact resident councils and resident management corporations, in addition to their other recruitment efforts, to meet the requirements of Section 3. , (d) OWNER and its contractors must make a good faith effort to award contracts, to the greatest extent feasible, to businesses located in or owned in substantial part by persons residing in the City of Augusta. In meeting this requirement OWNER should consider use of the alternative procurement , procedures at 24 CFR Part 963. See paragraph 6 below. (e) Contractors must make a good faith effort to award subcontracts to businesses located in the City of Augusta or substantially owned by persons residing in the City of Augusta. � 6. IMMIGRATION REFORM AND CONTROL ACT OF 1986 COMPLIANCE ' The law seeks to preserve jobs for those who are legally entitled to them: American citizens and aliens who are authorized to work in the United States. The law prohibits employers from knowingly hiring, recruiting, or referring for a fee, any alien who is unauthorized to work. As a result of this law, all employers are required to verify both the identity and employment eligibility of all regular, temporary, casual, and student employees hired after November 6, 1986, and ' complete and retain a one-page form (I-9) documenting this verification. Failure to comply with these requirements may result in both civil and criminal liability with the imposition of substantial fines ranging from $100.00 to $1,000.00 per hire, as well as possible imprisonment for a pattern or practice of noncompliance. I 7. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT OF 2006 COMPLIANCE (O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02) ' The law re uires em lo ers to re ister and artici ate in the federal work authorization ro ram to verif information of Q P Y 9 P P p 9 Y ' all new employees. ' D-41 � , =��`� ' ��,.. _'�"�" ADDITIONAL SUPPLEMENTAL CONDITIONS ' It further prohibits public employers from entering into a contract for the physical performance of services within ' Georgia unless the contractor registers and participates in the federal work authorization program to verify information of ail new employees and prohibits contractors and subcontractors from entering into contracts and subcontracts — unless they register and participate in the same program. ' In accordance with O.C.G.A. 13-10-91, the requirements of the law apply to pubiic empioyers, their contractors and subcontractors, as follows ' 1.On or after July 1, 2007, to public employers, contractors, or subcontractors of 500 or more employees; 2.On or after July 1, 2008, to public employers, contractors, or subcontractors of 100 or more employees; and ' 3.On or after July 1, 2009, to all other public employers, their contractors, or subcontractors. ' Definitions: ' a. "Federal Work Authorization Program" — Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security (USDHS) or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and ' Control Act of 1986 (IRCA), P.L. 99-603. b. "Public Employer" — Every department, agency, or instrumentality of the state or a political subdivision , of the state. c. "Subcontractor" includes a subcontractor, contract employee, staffing agency or any contractor ' regardless of its tier. d. "Georgia Security and Immigration Compliance AcY' of 2006 — Senate Bill 529 of the 2006 Georgia � Generai Assembly, enacted as Act 457. ' , — � � ' D-42 ' � , ' � � � n � � C n �'� - � d �' � � n ' �. Q.. p. R. Q.. � r. v , n�� CD N CD CD ('D CD �� CD �, � n \ ~' O O � n � � � `�' ~ n ' � �� ro �� O ' � � n y ' � o O z � 1 � x � � � 1 � � � �' ° z � 1 �� o W x y � �� o� ' W � �j y � O � �- O Z W �C � ' � � v � � b � � � , � �' �7 � � a � � � � � z � � W � ��,�WN�m � � y � YxZ��S � � y ' ��.�'�.� �� m C x' c� C7 �' � � � � � � � � O � H �� z ' °� ."�°� z ��.�� , � � � � _,�:� ` ''� , *... �'�� . E"+._ _�� j y ' , � ' O � a�� * a � , �� o� r o z ro � o . � � � � o �.� r� � � � � W d � � ° �' ' � � o � � o � � �� r � � d � �. � � � � ° co � n � W n ' �� o �� '� �� y.� � y � � o p ' m Y � � � ' i � � W Fd � o' � � O ° d n ' � O �a y a � �� ' � m �� O � a �� o � z � � �, y � ,� � .� o by ?' � o � ?. C��v' � m � `� d �byf� •.* � .� � p , � v, �, � � � ,, � �,,,� o �'`' � �� y� z ° � � � y�bW � � � � o�o� � � � ¢ � Oz o � z �� 1 � � � � ►� ,, H o �n oa � � � r �� Q ' � � � d� � �� ' � � � �. z � y � o � o �° 0 0 � `-3 � �� ' � � �: � � c" � �� z � a� � � � � d ' � � � d ' � �� r � � �_ : o � �: 1 �� ° �. � � � � ' � ��.� --, � FEDERAL LABOR STANDARDS PROVISIONS :�r�;��Mxn� (Reprint of HUD-4010) ' Applicability Applicable to construction contracts in excess of $2,000 or residential rehabilitation contracts involving more ' than eight units. The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of American and the following Federal Labor Standards Provisions are mcluded in this Contract pursuant to the provisions applicable to such Federal assistance. � A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often 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 i cash equivalents thereo fl 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 thereto and made a part thereof, 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 particular weekly period, are deemed to be constructively made or incurred during such weekly period. ' Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided ' in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification of the time actually work therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification an wage rates conformed under � 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen , by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be ' employed under the contract shall be classified in conformance with the wage determination. HLTD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: ' (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and ' (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. ' (b) If the contractor and the laborers and mechanics to be employed I the classification (if known), or their representatives, and HCTD or its designee agree on the classification and wage rate (including the amount � designated for fringe benefits where appropriate), a report of the action taken shall be sent by HtJD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will � D-45 , ' � FEDERAL L BOR STANDARDS PROVISIONS , � �� ufM�'UNtT%' - (Reprint of HUD-4010) approve, modify, or disapprove eve additional classification action within 30 days of receipt and so advise ' HUD or its designee within the 30-d y period that additional time is necessary. (Approved by the Office of Management and Budget under OM Control Number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their ' representatives, and HUD or its d signee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the � questions, including the views of all interested parties and the recommendation of HCTD or its designee, to the Administrator for determinatio . The Administrator, or an authorized representative, will issue a determination within 30 days of re eipt and so advise HUD or its designee or will notify HUD or its � designee within the 30-day perio that additional time is necessary. (Approved by the Office of Management and Budget under OM Control Number 1214-0140.) (d) The wage rate (including fring benefits where appropriate) deternlined pursuant to subparagraphs � (1)(ii)(b) or (c) of this paragraph, sh 11 be paid to all workers performing work in the classification under this contract from the first day on wh ch work is performed in the classification. � (iu) Whenever the minimum wage ate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is no expressed as an hourly rate, the contractor shall either pay the benefit ' as stated 'm the wage determination o shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make ayments to a trustee or other third person, the contractor may consider � as part of the wages of any laborer o mechanic the amount of any costs reasonably anticipated in providing bona fide fringe bene .fits under a plan or program, Provided, That the Secretary of Labor has found, upon the � written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the ontractor to set aside in a separate account assets for the meeting of obligations under the plan or progr .(Approved by the Office of Management and Budget under OMB � Control Number 1215-0140.) 2. Withholding. HUD or its desi ee shall upon its own action or upon written request of an authorized ' representative of the Department of abor withhold or cause to be withheld from the contractor under this contract or any other Federal contrac with the same prime contractor, or any other Federal-assisted contract subject to Davis-Bacon prevailing w ge requirements, which is held by the same prime contractor so much of the accrued payments or advanc s as may be considered necessary to pay laborers and mechanics, i including apprentices, trainees and h lpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. the event of failure to pay any laborer or mechanic, including any apprentice trainee or helper, employe or working on the site of the work, all or part of the wages required � by the contract, HUD or its design e may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be n cessary to cause the suspension or any further payment, advance, or guarantee of funds until such violati ns have ceased. HUD or its designee may, after written notice to the � contractor, disburse such amounts ithheld for an on account of the contractor or subcontractor to the respective employees to whom they a e due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contr cts. � D-46 � � ' � �:,m; ' FEDERAL LABOR STANDARDS PROVISIONS ��.n (Reprint of HUD-4010) ' 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. 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 make 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 any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment of 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 and trainee programs, the ' registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) ' (ii) (a) the contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HCTD or its designee if the agency is a party to the contract, but if the agency is not such a ' party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set our accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i}. This information may be submitted in ' any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget Under OMB Control Number 1215- ' 0129.) ' (b) Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays for 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 29 CFR 5.5 (a)(3)(i) and that such information is correct and complete' ' (2) The 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; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage ' determination incorporated into the contract. (c) The weekly submission of a pr�perly executed certification set forth on the reverse side of Optional ' Forin WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). ' D-47 ' ' � FEDERAL L BOR STANDARDS PROVISIONS �� :s'•e;s�runi�rr ' — (Reprint of HUD-4010) (d) The falsification of any of the ab ve certifications may subj ect the contractor or subcontractor to civil or ' criminal prosecution under Section 1 O1 of Title 18 and Section 231 of Title 31 of the United States Code. (ui) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available ' for inspection, copying, or transcri tion by authorized representatives of HUD or its designee or the Department of Labor, and shall perm t such representatives to interview employees during working hours on the job. If the contractor or subcont actor fails to submit the required records or to make them available, ' HUD or its designee may, after wr tten notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause he suspension of any further payment, advance, or guarantee of fiznds. Furthermore, failure to submit the re uired records upon request or to make such records available may be grounds for debarment action pursu t to 29 CFR 5.12. ' 4. Apprentices and Trainees. , (i) Apprentices. Apprentices will be ermitted to work at less than the predetermined rate for the work they perform when they are employed p rsuant to and individually registered in a bona fide apprenticeship program registered with the U.S. D partment of Labor, Employment Training Administration, Office of ' Apprenticeship Training, Employer and Training Services, or with a State Apprenticeship Agency recognized by the Office, or if a per on is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who ' has been certified by the Office o Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appr priate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to ourneymen in any craft classification shall not be greater than the ratio ' permitted to the contractor as to his e tire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, w o is not registered or otherwise employed as state above, shall be paid not less than the applicable wage r e on the wage determination for the classification of work actually ' performed. In addition, any apprenti e perfornung work on the job site in excess of the ration permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. ere a contractor is performing construction on a project in a locality other than that in which its program i registered, the ratios and wage rates (expressed in percentages of the ' journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be aid at not less than the rate specified in the registered program for the apprentice's level of progress, expre sed as a percentage of the journeymen hourly rate specified in the ' applicable wage determination. App entices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If th apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of inge benefits listed on the wage dete�nination for the applicable ' classification. If the Administrator de ermines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer d Labor Services, or a State Apprenticeship Agency recognized by ' the Office withdraws approval of an apprenticeship program, the contractor will no longer be pernlitted to utilize apprentices at less than the ap licable predetermined rate for the work performed until an acceptable program is approved � ii Trai � () nees. Except as provided m 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for work performe unless they are employed pursuant to and individually registered in a ' program which has received prior ap roval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training A inistration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under he plan approved by the Employment and Training Administration. ' D-48 t ' � t FEDERAL LABOR STANDARDS PROVISIONS � �N::TM:: (Reprint of HUD-4010) Every Trainee must be paid at not less than the rate specified in the approved program for the trainee's level t of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee ' program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage deterniination which provides for less than full fringe benefits for apprentices. Any employee ' listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually perfornled. In addition, any trainee perfo�ning work on the j ob ' site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be ' permitted to utilize trainees at less than the applicable predeternuned rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 , CFR Part 5 shall be in confornuty with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. ' S. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. ' 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HLTD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause , requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. ' 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR , 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the ' Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. ' 9. Disputes concerning Iabor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes ' within the meaning of this clause include disputes between the contractor (or any if its snbcontractors) and HLTD or its designee, the U.S. Department of Labor, or the employees or their representatives. 1 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to ' D-49 ' ' � FEDERAL L BOR STANDARDS PROVISIONS ��° ��:� ' (Reprint of HUD-4010) be awarded Governxnent contracts by ' ue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or parti ipate in HUD programs pursuant to 24 CFR Part 24. ' (ii) No part of this contract shall be su contracted to any person or firxn ineligible for award of a government , contract by virtue of Section 3(a) o the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD progr s pursuant to 24 CFR Part 24. (iii) The penalty for making false s atements is rescribed in the U.S. Criminal Code 18 U.S.C. 1001. ' P , Additionally, U.S. Criminal Code, ection 1 O1 0, Title 18, U.S.C., "Federal Housing Administration transactions", provided in part: "Who ver, for the purpose of ... influencing in any way the action of such ' Administration..... makes, utters or p blishes any statement knowing the saxne to be false..... shall be fined not more than $5,000 or imprisoned n t more than two years, or both." — 11. Complaints, Proceedings, or Te timony by Employees. No laborer or mechanic to whom the wage, t salary, or other labor standards provis'ons of this Contract are applicable sha11 be discharged or in any other manner discriminated against by the ontractor or any subcontractor because such employee has filed any ' complaint or instituted or caused to b instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the la or standards applicable under this Contract to his employer. B. Contract Work Aours and Safe Standards Act. The provisions of this paragraph B are applicable ' only where the amount of the prim contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include atchmen and guards. ' (1) Overtime Requirements. No Co tractor or subcontractor contracting for any part of the contract work which may require or involve the em loyment of laborers or mechanics shall require or permit any laborer ' or mechanic in any workweek in whic he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer o mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all ours worked in excess of 40 hours in such workweek. ' (2) Violation; liability for unpaid w ges; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this aragraph, the contractor and any subcontractor responsible therefore ' 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 do e under contract for the District of Columbia or a territory, to such District or to such territory), for liq idated damages. Such liquidated damages shall be computed with ' respect to each individual laborer or echanic, including watchmen and guards, employed in violations of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or perm�tted to work in excess of the standard workweek of 40 hours without ' payment of the overtirne wages requir d by the clause set forth in sub paragraph (1) of this paragraph. (3) Withholding for unpaid wages nd liquidated damages. HCTD or its designee shall upon its own ' action or upon written request of an a thorized representative of the Department of Labor withhold or cause to be withheld, from any moneys pay ble on account of work performed by the contractor or subcontractor under any such contract, or any other ederal contract with the same prime contract, or any other Federally- � assisted contract subject to the Contr ct Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor D-50 ' ' ' � � ' FEDERAL LABOR STANDARDS PROVISIONS ��=�.��;� (Reprint of HUD-4010) ' or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2)of this paragraph. ' (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor or lower tier subcontractor with the ' clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this parab aph C are applicable only where the amount of the ' prime contract exceeds $100,000. (1) No laborer or mechanic sha11 be required to work in surroundings or under working conditions which are , unsanitary, hazardous, or dangerous to this health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 ' Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et. seQ. ' (3) The Contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. ' , ' ' ' ' ' , ' D-51 , ' W GE DECISION TRANSCRIPT eneral Wage Decision: GA ' Date Verified on De artment of Labor Web Site: December 15, 2010 ' GENERAL DECISION: GA20100138 10/O1/2010 GA138 Date: October l, 2010 , _ General Decision Number: GA2 100138 10/Ol/2010 Superseded General Decision umber: GA20080138 ' State. Georgia Construction Type: Heavy ' County: Richmond County in G orgia. Modification Number Publ cation Date ' 0 03 12/2010 1 03 19/2010 - 2 04 02/2010 ' 3 10 Ol/2010 ELEC1579-002 10/Ol/2009 ' Rates Fringes ELECTRICIAN ................. ....$ 22.13 _ ----------_ 9�42 ' * ENGI0474-002 07/Ol/2010 Rates Fringes ' Operating Engineers: Bulldozer and Forklift , (under 15 tons)........ ....$ 21.47 11.60 Forklift (15 tons and o er).$ 23.30 11.60 ---------------------------- ----------------------------------- PAIN1756-002 04/Ol/2010 ' Rates Fringes PAINTER: Brush, Roller and , Spray ....................... ...$ 20.�0 7.60 ---------------------------- ----------------------------------- - SUGA2008-050 08/06/2008 ' Rates Frinaes CARPENTER ................... ...$ 13.00 0.00 , CEMENT MASON/CONCRETE FINISH R...$ 11.99 0.00 IRONWORKER, REINFORCING..........$ 11.50 2.04 ' LABORER: Common or General......$ 7.45 0.00 ' D-52 ' ' WAGE DECISION TRANSCRIPT ' General Wage Decision: GA Date Verified on Department of Labor Web Site: December 15, 2010 ' LABORER: Pipelayer ..............$ 13.06 3.56 ' OPERATOR: Backhoe/Excavator.....$ 11.68 0.00 OPERATOR: Crane .................$ 20.00 0.00 ' OPERATOR: Grader/Blade..........$ 14.16 0.27 OPERATOR: Loader ................$ 13.65 1.78 ' OPERATOR: Piledriver............$ 10.63 0.48 ' OPERATOR: Trackhoe ..............$ 11.00 1.10 OPEt2ATOR: Ro11er .................$ 9.75 0.19 ' TRUCK DRIVER��$ 10.82 -----_ ------ ------------- ------ ' WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------- --------------------------------------------- ' Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). ' --------------------- ----------------------------------------- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit ' rates. Otner designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- � WAGE DETERMINATION APPEALS PROCESS l.) Has there been an initial decision in the matter? This can be: ' * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage , determination matter * a conformance (additional classification and rate) ruling ' On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this ' initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. ' D-53 ' ' W GE DECISION TRANSCRIPT eneral Wage Decision: GA ' Date Verified on De artment of Labor Web Site: December 15, 2010 ' With regard to any other mat er not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: ' Branch of Constructi n Wage Determinations Wage and Hour Divisi n ' U.S. Department of L bor 200 Constitution Ave ue, N.W. Wasliington, DC 20210 2.) If the answer to the que tion in l.) is yes, then an interested party , (those affected by the actio ) can request review and reconsideration from the Wage and Hour Administra or (See 29 CFR Part 1.8 and 29 CFR Part 7). ' Write to: Wage and Hour Administrator U.S. Department of L bor ' 200 Constitution Ave ue, N.W. Washington, DC 20210 The request should be accomp nied by a full statement of the interested � party's position and by any nformation (wage payment data, project description, area practice m terial, etc.) that the requestor considers relevant to the issue. ' 3.) If the decision of the A inistrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write o: ' Administrative Review Board U.S. Department of La or ' 200 Constitution Aven e, N..W. Washington, DC 20210 4.) Al1 decisions by the Adm'nistrative Review Board are final. ' END OF GENERAL D CISION , � , , D-54 , ' � .�.�� `¥� �� ' CONTRACTOR REPORTING REQUIREMENTS ' 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. ' ; _ _ . , ; ,� .. ,� `. '��...� _�;...-�,.'�, `;r. �.�. ��P�r� Co��trt�c��or��►dxn�ni�tr'atnre.Requ�r,ements _.:;�s..u.... ,�,. , �F. a ' 1. Bonds. A. 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. 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. 2. Pre-construction Conference. Prior to the award of a contract under this solicitation and prior to the ' start of work, the successful bidder will be required to attend a pre-construction conference with representatives of the Grant Recipient, Owner's AHCDD and its Architect, and other interested parties convened by OWNER. 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. ' 3. Cert�f�cates of Insurance. ' A. In accordance with the General Conditions, shall be submitted prior to the scheduled pre- construction conference. The OWNER is 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. ' B. Additionally, before commencing work, the Contractor shall furnish OWNER's AHCDD with a certificate of insurance evidencing that Builder's Risk (fire and extended coverage) Insurance on all work in place and/or materials stored at the building site(s), including foundations and building � equipment, is in force. The Builder's Risk Insurance shall be for the benefit of the Contractor, Owner and Grant Recipient as their interests may appear and each shall be named in the policy or policies as an insured. The Contractor in installing equipment supplied by the Grant Recipient shall carry ' insurance on such equipment from the time the Contractor takes possession thereof until the Contract work is accepted by the Owner's AHCDD. The Builder's Risk Insurance need not be carried on excavations, piers, footings, or foundations until such time as work on the supe[-structure is started. It need not be carried on landscape work. Policies shall furnish coverage at all times for the ' full cash value of all completed construction, as well as materials in place and/or stored at the site(s), whether or not partial payment has been made by Owner's AHCDD. The Contractor may , D-55 , v �:;;,� ;;.�� ' �,��,,. CONTRACTOR REPORTING REQUIREMENTS ' terminate this insurance on buildings as of the date taken over for occu anc b the Grant ' P Y Y Recipient. The Contractor is not required to carry Builder's Risk Insurance for modernization work that does not involve structural alterations or additions and where the Grant Recipient's existing fire ' and extended coverage policy can be endorsed to include such work. C. All insurance shall be carried with companies that are financially responsible and admitted to do ' business in the State of Georgia. If any such insurance is due to expire during the construction period, the Contractor (including subcontractors) shall not permit the coverage to lapse and shall furnish evidence of coverage to OWNER's AHCDD. All certificates of insurance, as evidence of t coverage, shall provide that no coverage may be canceled or non-renewed by the insurance company until at least 30 days prior written notice has been given to Owner's AHCDD. D. Certificates of the Gontractor's Insurance shall be filed with Owner's AHCDD and shall be subject to r their approval for adequacy of protection. These certificates shall contain a provision that coverage afforded under the policies will not be canceled without a minimum of thirty (30) days prior written notice to the Augusta Housing & Community Development Department. , 4. Construction Progress Schedule. ' A. A Construction Progress Schedule shall be submitted five (5) days after the scheduled pre- construction conference to Architect and OWNER. The schedule shall be in the form of a progress � chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, Owner's Architect may withhold approval of progress payments or take other remedies � under the contract until the Contractor submits the required schedule. B. The Contractor shall enter the actual progress on the chart as required by Owner, and immediately deliver three copies of the annotated schedule to OWNER and Architect. If OWNER, 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 Architect, without additional cost to the OWNER. In this circumstance, Owner's AHCDD may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary 1 schedule or schedules in chart form as OWNER and Architect deem necessary to demonstrate how the approved rate of progress will be regained. C. Failure of the Contractor to comply with the requirements of OWNER under this clause shall be � grounds for a determination by OWNER 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 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. ' D-56 � ' , �� . �;.a:l�i�;,i% ' CONTRACTOR REPORTING REQUIREMENTS 1 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. � , 6. Contractor s obligation to directly superintend the work. , At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the work site a competent superintendent who is satisfactory to Owner 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 ' -� E �y � � Canstr�ct�t�n Pha�� R�}�r�r,t�r�,� Requ��era��a�s ' `, �� ' � T � F� E z . .;....:, h.� �.... . _ .. _::.: . . � � t - 5 . �...�+ -.-:. ..i,-. �h"k �� ..4 $ � 4 a S ..::v.,v �'..�.._ ...... _. .::. _ . ... .. .. "':: . , r.,.i:�.. ..�� ::� r.c::�L .. � , G: . . .. . . .. . ......�. ... .n .. . ....�.�:.: r vi �; , .. , The Contractor is advised of the following Reporting and Administrative requirements required during the course of construction activities: ' 1. Labor Provision Requirements: A. The Contractor is required to submit weekly Certified Payroll Form WH-347 for the General ' Contractor and each Subcontractor. B. The Contractor is required to post in a conspicuous place the Secretary of Labor's Wage Poster and ' Wage Determination. C. The Contractor is required to report in writing worker disputes that the Contractor cannot resolve , informally. ' 2. Contract Progress Payments: A. Schedule of Amounts for Contract Payments. A copy of the Schedule of Amounts for Contract , Payments previously approved by Owner and/or the OWNER's architect. � D-57 ' �� ' �: :.::�:�,;� CONTRACTOR REPORTING REQUIREMENTS ' 1 B. Pay Request. Required to be completed and submitted for each Pay Request. Only one copy with original signatures need be submitted. ' 3. Change Order. _ Required to be completed and submitted with the Pay Request only if there have been any approved ' change orders issued on the project. 4. Schedule of Materials Stored. ' Required to be completed and submitted with Pay Request only if the Contractor wishes to be paid for � inventory purchased prior to that inventory being incorporated into the work. Supporting invoices must accompany any Stored Materials Request. The Owner's AHCDD Rehabilitation Inspector will inspect the facility where the materials are stored to verify their existence. Each Subcontractor requesting payment for materials stored must also complete this form. ' 5. Summary of Materials Stored. Required to be completed and submitted with each Pay Request, which has a completed "Schedule of ' Materials Stored". ' 6. Construction Progress Schedule. The Contractor shall enter the actual progress on the progress schedule. The schedule should indicate t 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 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 Resutts. A. "Shop drawings" means drawings, submitted to OWNER or its architect by the Contractor, ' subcontractor, or any lower tier subcontractor, showing in detail (1) the proposed fabrication and assembly of structural elements and (2) the installation (i.e., form, fit, and attachment details) of materials of equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, ' illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract. OWNER and OWNER's D-58 � � ' ✓9�,, n:. �,v�� , � CONTRACTOR REPORTING REQUIREMENTS ' Architect may dup(icate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. t 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 Architect without evidence of the Contractor's approval may be returned for resubmission. Owner's Architect will indicate an approval or disapproval of the shop � drawings and if not approved as submitted shall indicate ArchitecYs reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by Architect shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility ' for complying with the requirements of this contract. C. The Contractor shall submit to Owner's Architect for approval (6) copies (unless otherwise indicated) � of all shop drawings as called for under the various headings of these specifications. Five (5) sets (unless otherwise indicated) of all shop drawings, will be retained by OWNER and Architect and one set will be returned to the Contractor. As required by OWNER and Owner's Architect, the Contractor, ' upon completing the work under this contract, shall furnish a complete set of afl shop drawings as finally approved. These drawings shall show all changes and revisions made up to the time the work is completed and accepted. ! D. This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the Contractor to ensure that all shop drawings prepared by subcontractors are submitted to OWNER � and Owner's Architect. E. Failure of the Contractor to comply with the requirements of OWNER under this clause shall be grounds for a determination by OWNER that the Contractor is not in compliance with the Contract. ' Upon making this determination, OWNER may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the "Default" clause of this contract. ' 9. As-Built Drawings. A. "As-built drawings," as used in this clause, means drawings submitted by the Contractor or � subcontractor at any tier to show the construction of a particular structure or work as actually completed under the contract. "As-built drawings" shall be synonymous with "Record drawings." As required by OWNER, the Contractor shall provide OWNER's 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. B. This clause shall be included in all subcontracts at any tier. It shall be the responsibility of the � Contractor to ensure that all as-bui►t drawings prepared by subcontractors are submitted to OWNER's Architect and OWNER. ! D-59 ' ✓� .,�� ' � : J'�.:.. . CONTRACTOR REPORTING REQUIREMENTS � - C. Failure of the Contractor to comply with the requirements of OWNER under this clause shall be ' grounds for a determination by OWNER that the Contractor is not in compliance with the Contract. This will result in OWNER's AHCDD withholding from the Contractor's final payment and/or retention ' an amount of money sufficient to gather and/or reproduce the accurate information necessary to be used in the preparation of permanent as-built drawings. , ' 10. Approval of equipment and materials. A. The Contractor shall obtain OWNER's Architect approval of the machinery and mechanical and ! other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to ArchitPCt 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 Architect, the Contractor shall also obtain Owner's Architect approval of the material or articles, which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information � concerning the material or articles. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. B. When required by the specifications or OWNER or Architect, 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 ir�clude 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 OWNER's right to demand full compliance with ! contract requirements. Materials, equipment and accessories may be rejected for cause even though samples have been approved. � 11. Use and Possession Prior to Completion. The Grant Recipient shall have the right to take possession of or use any completed or partially completed part of the work. The request for Use and ' Possession Prior to Completion shall be made by the Grant Recipient in writing to OWNER. Before taking possession of or using any work, OWNER's Architect shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Grant Recipient ' intends to take possession of or use. However, failure of the Grant Recipient to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Grant RecipienYs possession or use shall not be deemed an acceptance of any work under the contract. While ' the Grant Recipient has such possession or use, the Contractor shall be relieved of the responsibility for (1) the loss of or damage to the work resulting from the Grant Recipient's possession or use, D-60 � , � � ��}� Ju ° y Yn ' CONTRACTOR REPORTING REQUIREMENTS t notwithstanding the terms of the clause entitled "Permits and Codes" herein; (2) all maintenance costs on the areas occupied; and, (3) furnishing heat, light, power, and water used in the areas occupied without proper remuneration therefor. If prior possession or use by the Grant Recipient delays the 1 progress of the work or causes additional expense to the Contractor, AHCDD shall make an equitable adjustment in the contract price or the time of completion, and the contract shall be modified in writing accordingly. ' Contract Close-out Reporting Requirements ' After the Contractor has completed all the items noted on the Architect's inspection punch list, ' the Contractor may submit closing documents to Architect for transmittal to AHCDD. Closing documents shall consist of the following: 1. The Contractor shall notify Architect and OWNER's AHCDD, in writing, as to the date when in its opinion 1 all or a designated portion of the work will be substantially completed and ready for inspection. If the state of preparedness is as represented, Architect will promptly arrange for the inspection. , 2. Final Pay Request marked "FINAL" with all associated payment forms as explained above. 3. One original of the executed Final Waiver of Lien for the Contractor for each subcontractor and all ' material suppliers. 4. Certificate of Occupancy, if required. ' 5. Any special warranty or guarantees required by the Technical Specifications. At a minimum, the Contractor is required to provide a one-year workmanship warranty, in accordance with General ' Conditions. This warranty may be in the form of a letter on company stationery, signed by an authorized individual establishing the coverage period and the method of notification for covered repairs. Other special equipment warranties shall be from the manufacturer. 1 6. An original completed copy of Contractor's Certificate and Release. This form must be notarized. 7. An original completed copy of Grant Recipient's Certificate and Release. This form must be ' notarized. 8. Accurate and complete information to be used in the preparation of permanent as-built drawings. For ' this purpose, the Contractor shall record on one set of contract drawings all changes from the installations originally indicated, and record final locations of underground lines by depth from finish grade and by accurate horizontal offset distances to permanent surface improvements such as ' buildings, curbs, or edges of walks. ' � D-61 ' __ _ __ __ � � �� ,� �,, � _... `- �` ' ' ' ' . . r Augusta-Richmond County, Georg�a does not operate a DBE, MBE or WBE Pro ram 1 9 but rather pursuant to its code of _ 1 ordinances, this local government . . � operates instead a Local Small Bus�ness O ortuni Pro ram. � pp tY 9 � �- � � �- � � � , � ' � � � 1 �UR ��C��E�S A��D I�E��N�� OY�Ea ON ��DE�� FE�E ��'� ��1 1`E� ��N�TRU�TI � P ��G�'S ' THE UNITED STATES DEPARTMENT OF L WAGE AND HOUR DIVISION , �°R�Vd�lLl�IG You must be paid not €sss #han #he wage rate 1"ssted in the 3�avis-Bacon WAGES Wage Decision pasted with this Notice for the vvork you perforrn. ' f3V�RTiNEE You must be paid not less than �ne and one-half #imes your basic rate o# pay for ati hours worked auer 44 in a work �nreek. 7'here are few excep�ions. ' �t�Ft3�GEME�i'4` Contract payments can be withheid to ensure workers receive wages and overtims pay due, and liquidated damages may appiy ii ouertime pay requirsments are not met. L7avis-Bacon contract ciauses ailow contract termina#ion and d�barment o# cantractors fram future federal , �ontrac#s for up to three y�ars. A contractor wha faisifies csrfii#ied payro[► racords or induces wags kickbacks may b� subject to civ'sl or criminal prosscu#ion, fiines and/ar irn,prisoninsnt. . , �,F�i�F�ER�`ICE�v Apprantice rates app9y only to apprentices properky registered under appmved Federal s�r State apprenticeship programs. 1 P'�tOPE�? P�Y �f you do not receive praper }aay, ar require furTtter information on #he appticabie wages, coniact the Contracting Qf€icer {isted belaw�: ' Be[inda Brawn City of Augusta �lousing & Community Devefopment Departrnent ' 925 Laney-Watker Blvd Z FlOtti' Augusta, Georgia 3Q901 (7063 821-1797 ' or eontact the E1.S. Departmant of Labor's Wage and Hour Bivision. ' ,;,` �or:ac�d�t�onal tnfarmatrart � � � � "i � N ;;� .: �.. _ .: .. � .; Cr � �Y� ,:exi �'twr Pnui. n �;. ' �1 �f6 487 9243) ; Tfl';! 1 877 88� 5627 ; ; ; ; :� �E ��D��L� , ' U.S. Department af i.abor ! En �loyment Standards A.,m�rnstrati�n ; Wage and Hour Divcsion VJr 732+C�ievised AS�rrt 2005) D-62 ' Instructions for Developrnent of AFFIRMATIVE ACTION PROGRAM � ' REGARDING DEVELOPMENT OF AFFIRMATIVE ACTION PROGRAMS UNDER EXECUTIVE ORDER 11246 Executive Order 11246, as amended, re uired that construction contractors on Federall -assisted construction ' q y 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 realize 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 clearfy 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 origin. ' ' D-63 ' , Instructions for Development of AFFIRMATIVE ACTION PROGRAM ' II. Coordination and Administration of Program ' Designate person and way to contact person who will be responsible for coordination of company's equal employment opportunity program. Also outline how policy and affirmative ' action program will be disseminated to all employees. III. Analysis of ' A. Recruitment and Employment Practices Consider the extent to which present hiring practices and policies, including recruitment ' sources, act to exclude minorities and females from becoming applicants for employment with your company. ' B. Work Force Consider the current extent of minority group and female employment in skilled, semi- � skilled categories on all the company's projects. C. Opportunities for Placement , Consider the anticipated opportunities for placing new employees in skilled, semi-skilled or unskilled categories with company during the period in which the HUD-assisted work is being done. � IV. Establishment of Goals and Timetables , Based on the analysis done in preceding Section, develop numerical goals (in numbers or percentage man-hours) to work toward within a given time period (time period within which HUD-assisted work will be done) in placing minorities and females in skilled, semi-skilled, or t unskilled but trainee positions with your company. V. Specific Affirmative Action Steps ' Develop specific affirmative action steps which company will make in efforts to reach goals and thus provide equal employment opportunity. ' 1. _Prepare an Equal Emplovment Opportunitv Policv. Make this policy known to all the employees and potential source of employees. ' 2. Designate a person in a managerial capacity to coordinate equal employment opportunity efforts. 3. Assure non-discriminatory recruiting of staff taking appropriate steps such as ' a. Placing employment advertisements in newspapers which serve the largest number of Female and minority group people in the recruiting area. ' 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-64 Instructions for Development of AFFIRMATIVE ACTION PROGRAM ' ' 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. Assure non-discriminatory hiring, taking appropriate steps such as: a. Instructing personally those of the staff who make hiring decisions that minority and female ' applicants for all jobs are to be considered without discrimination. 5. Assure that maximum use is made of sub-professional internship and other training to help equalize ' opportunity for female and minority persons such as: a. Sponsoring and assisting female and minority youths, as well as others, to enter sub-professionaf '_ 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. Encourage the promotion of minority and female employees who have increased their skills and job potential in accord with the affirmative action policies. ' 7. Assure non-discriminatory pay, other compensation and working conditions, taking appropriate steps as: a. Examining rates of pay and fringe benefits for present em lo ees with e uivalent duties and ' p Y Q , 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. , ' ' D-65 , t Instructions #or Development of AFFIRMATIVE ACTION PROGRAM ' NOTE TO CONTRACTOR: ' THIS GENERAL OUTLINE MAY BE USED AS A GU/DE IN DEVELOP/NG AN ACCEPTABLE AFFIRMATIVE ACTION PROGRAM. EACH PROGRAM, HOWEVER, SHOULD BE TA/LORED TO THE ' CONTRACTOR'S SPECIF/C OPERAT/ON AND NEEDS. ' (Construction Company Letterhead) Project No.. Project Name: ' Location: Sponsor: I AFFIRMATIVE ACTION PLAN , I. Equal Emplovment Opportunitv Poiicy It is the policy of Company not to discriminate against any ' employee or applicant for employment because of race, color, religion, sex, or national origin. This policy extends to all matters relating to recruitment, hiring, promotion, transfer, 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. IL Coordination and Administration of Proqram ' 1. The company vice-president, (Mr. or Ms.) will serve in the capacity of Equal Employment Opportunity Coordinator. (He or She) will be responsible for the overall ' administration of this Affirmative Action Plan and will assist in EEO matters at the Branch Office and at project construction sites. ' 2. Administration of this Plan at the project site will be the responsibility of the company's Project Manager. , 3. Management will check with each superintendent bi-weekly to ensure that this company's equal employment opportunity obligations, policy, and plan are being implemented. 4. A copy of this affirmative action plan will be provided to each employee and posted on the ' company's bulletin boards at the main office, the branch office, and all project sites. ' � ' D-66 Instructions for Development of AFFIRMATIVE ACTION PROGRAM � ' 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 0 females. These were referred to the Carpenters Local #104 and admitted for membership. Of approximately 80 minority walk-in appficants, 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 B. 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 14 Operators 1 ' Carpenters 10 Laborers 25 - III. Goals and Timetables � Our minority employment goals for the next finrelve month period is as follows: Brickmasons 3 � Operators 1 (oiler, trainee) Carpenters 4 ' Laborers 0 Our female employment goals for the next twelve month period is as follows: '- Brickmasons 0 Operators 0 ' Carpenters 2 Laborers 2 � D-67 ' - ' Instructions for Development of AFFIRMATIVE ACT{ON PROGRAM ' A. We will notify community organizations in writing that we are an equal opportunity employer and that we , have employment opportunities available and will maintain records of the organizations' response. The following is a list of organizations we will notify: � 2. 3. ' B. 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. C. We will promptly notify HUD when the union or unions with whom we have a collective bargaining � agreement has not refierred us a minority or female worker sent by us or we have other information that the union referral process impedes us in our efforts to meet our goals. ' D. We will make specific efforts to encourage present minority and female employees to recruit their friends and relatives for positions we have available. � E. The Company's EEO Coordinator will periodically inventory and evaluate all minority and female personnel in the Laborer category for promotional opportunities and encourage them to seek such opportunities where available. , F. The company will make sure that all facilities and company activities are non-segregated with the exception that separate or single-user toilet and necessary changing facilities shall be provided to ' assure privacy between the sexes. G. The EEO Coordinator will continually monitor all personnel activities to ensure that the company's EEO policy is being carried out. ' H. We will solicit bids far 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. I. We will notify each subcontractor of his respective EEO obligation and actively cooperate with HUD in , assuring compliance. Signed: ' (Name) , (Title) ' , I D-68 AFFIRMATIVE ACTION GOALS & TIMETABLE ' - ANY LANGUAGE INCLUDED HEREIN THAT VIOLATES OR IS INCONSISTENT WITH THE MARCH 14, , 2007 COURT ORDER IN THE CASE, THOMPSON WRECK/NG, INC. V. AUGUSTA, GEORG/A, CIVIL ACTION NO. 1:07-CV-019, IS VOIDABLE BY THE AUGUSTA GOVERNMENT. ' FRIDAY, APRIL 7, 1978 PART IV � �- L � *****�*��*��*� � DEPARTMENT OF � � LABOR � `� .� Office of Federal 1 Contract Compliance Programs � � � � � �� GOALS AN D � TiMETABLES FOR ' � FEMALE AND MINORiTY Q, PARTICIPATION IN THE � CONSTRUCTION INDUSTRY I _ � �� Affirmative Action Requirements � 1 D-69 ' - ' AFFIRMATIVE ACTION GOALS & TIMETABLE ' ANY LANGUAGE INCLUDED HEREIN THAT VIOLATES OR IS INCONSISTENT WITH THE MARCH 14, 2007 COURT ORDER IN THE CASE, THOMPSON WRECK/NG, INC. V AUGUSTA, GEORG/A, CIVIL ACTION NO. 1:07-CV-019, IS VOIDABLE BY THE AUGUSTA GOVERNMENT. ' RULES AND REGULATIONS ' § 60-4.2 Solicitations Appendix B (d) The following notice shall be § 60 Equal opportunity clauses included in, and shall be part of, all SEE CHANGES IN APPENDIX B. � solicitations for offers and bids on all PURSUANT TO OFCCP �a) The equal opportunity clause published at 41 Federal and federally assisted CFR 60 of this chapter is required to be construction contracts or subcontracts in REGULATIONS, 41 CFR PART 60-4 included in, and is part of, all nonexempt Federal excess of $10,000 to be erformed in FOLLOWING LAST PAGE OF THIS co�tracts and subcontracts, including construction p FZEGULATIOnI. contracts and subcontracts. The equal opportunity ' geographical areas designated by the ciause published at 41 CFR 60-1.4(b) is required Director pursuant to §60-4.6 of this part to be inciuded in, and is a part of, ail nonexempt (see 41 CFR 60-4.2 (a)): These goals are applicable to al the federally assisted construction contracts and Contractor's construction work (whether or not it is subcontracts. In addition to the clauses described NOTICE OF REQUIREMENT FOR Federal or federally assisted) performed in the above, all Federal contracting officers, all ' AFFIRMATIVE ACTION TO ENSURE EQUAL covered area. applicants and all non-construction contractors, as EIMPLOYMENT OPPORTUNITY (EXECUTIVE The Contractors compiiance with the applicable, shall include the specifications set ORDER 11246) Executive Order and the regulations in 41 CFR forth in this section in all Federal and federally Part 60-4 shall be based on its implementation of assisted construction contracts in excess of 1. The Offeror's or Bidder's attention is the Equal Opportunity Ciause, specific affirmative $10,000 to be performed in geographical areas � called to the "Equal Opportunity Clause" and the action obligations required by the specifications designated by the Director pursuant to Sec. 60- "Standard Federal Equal Employment set forth in 41 CFR 60-4.3 (a), and its efforts to 4.6 of this part and in construction subcontracts in Opportunity Construction Contract meet the goals established for the geographical excess of $10,000 necessary in whole or in part to Specifications" set forth herein. area where the contract resuiting from this the performance of non-construction Federal 2. The goals and timetables for minority solicitation is to be performed. The hours of contracts and subcontracts covered under the ' and female participation, expressed in minority and female employment and training Executive order. percentage terms tor the Contractor's aggregate must be substantially uniform throughout the wockforce in each trade on all construction work length of the contract, and in each trade, and the Standard Federal Equal Employment contractor shall make a good faith effort to employ Opportunity Construction Contract in the covered area, are as follows: minorities and women evenly on each of its Specifications (Executive Order 11246) , projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole 1. As used in these specifications: Appendix A purpose of ineeting the Contractor's goals shall a. "Covered area" means the geographical be a violation of the contract, the Executive Order area described in the solicitation from which this and the regulations in 41 CFR Part 60-4. contract resulted; ' Compliance with the goals wiil be measured b. "Director" means Director, Office of Federal Th2 f011Owltl9 g081S timetables f01' against the total work hours performed. Contract Compliance Programs, United States female UtIIIZafl011 shall be If1CIUd2d ifl 3. The Contractor shall provide written Department of Labor, or any person to whom the all Federal and federall assisted notification to the Director of the Office of Federal Director delegates authority; y Contract Compliance Programs within 10 working c. "Employer identification number" means the ' construction contracts and Federal soc�at secur�ty number used on tne days of award of any construction subcontract in Em lo er's Quarterl Federal Tax Return, subcontracts in excess of $10,000. eXCess of $�o,000 at any tier for construction p Y y The g081S 8f2 applicable t0 the work under the contract resulting from this U.S. Treasury Department Form 941. solicitation. The notification shall list the name, d. "Minority" includes: contractor's aggregate Ot1Slt2 (i) Black (all persons having origins in any of ' address and telephone number of the construction workforce whether or not the Black African racial groups not of Hispanic subcontractor; employer identification number; origin); palt Of that wOfkfOrCe is performing estimated doilar amount of the subcontract; work on a Federal or federall BSSISted estimated starting and completion dates of the (��) Hispanic (all persons of Mexican, Puerto y subcontract; and the geographical area in which Rican, Cuban, Central or South American or other CO�StfUCtiOf1 COI1tPaCt Of SUbCOfltfBCt. the contract is to be performed. Spanish Culture or origin, regardless of race); ' (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian 4. As used in this Notice, and in the Subcontinent, or the Pacific Islands); and Timetable Goais (iv) American Indian or Alaskan Native (all ' contract resulting from this solicitation persons having origins in any of the original 4!1/78 to 3/31/79 3.1 the "covered area" is within the city peoples of North America and maintaining fimits Of adjacent thereunto Of ide�tifiable tribal affiliations through membership 4/1 /78 — 3/31 /80 5.0 and participation or community identification). 4/1/80 — 3/31/81 6.9 Augusta, Richmond County, Georg'ta. 2, whenever tne co�t�actor, or any , Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it Goals for Women apply nationwide. snau physically include �n each subcontract �n excess of $10,000 the ' provisions of these specifications and the Notice which contains the applicable goais for minority and female participation and which is set forth in the solicitations from which this co�tract ' resulted. D-70 ' ' 3. If the Contractor is participating (pursuant to 41 the Contractor's obligation to maintain such a and training organizations serving the Contractor's CFR 60-4.5) in working environment, with specific attention to recruitment area and employment needs. Not a Hometown Plan approved by the U.S. minority or female individuals working at such later than one month prior to the date for the � Department of Labor in the covered area either sites or in such facilities. acceptance of applications for apprenticeship or individually or through an association, its b. Establish and maintain a current list of other training by any recruitment source, the a�rmative action obligations on all work in the minority and female recruitment sources, provide Contractor shall send written notification to Plan area (including goals and written notification to minority and female organizations such as the above, describing the timetables) shall be in accordance with that Plan recruitment sources and to community openings, screening procedures, and tests to be ' for those trades which have unions participating in organizations when the Contractor or its unions used in the selection process. the Plan. Contractors must be able to have employment opportunities available, and j. Encourage present minority and female demonstrate their participation in and compliance maintain a record of the organizations' responses. employees to recruit other minority persons and with the provisions of any such Hometown Plan. c. Maintain a current file of the names, women and, where reasonable, provide after Each Contractor or Subcontractor participating addresses and telephone numbers of each school, summer and vacation employment to ' in an approved Plan is individually required to minority and female off-the-street applicant and minority and female youth both on the site a�d in comply with its obligations under the EEO clause, minority or female referral from a union, a other areas of a Contractor's work force. and to make a good faith effort to achieve each recruitment source or community organization and k. Validate all tests and other selection goal under the Plan in each trade in which it has of what action was taken with respect to each requirements where there is an obligation to do so employees. The overall good faith performance by such individual. If such individual was sent to the under 41 CFR Part 60-3. � other Contractors or Subcontractors toward a goal union hiring hall for referral and was not referred I. Conduct, at least annually, an inventory and in an approved Plan does not excuse any covered back to the Contractor by the union or, if referred, evaluation at least of all minority and female Contractor's or Subcontractor's failure to take not employed by the Contractor, this shall be personnel tor promotional opportunities and good faith efforts to achieve the Plan goals and documented in the file with the reason therefor, encourage these employees to seek or to prepare timetables. along with whatever additional actions the for, through appropriate training, etc., such ' 4. The Contractor shall implement the specific Contractor may have taken. opportunities. affirmative action standards provided in d. Provide immediate writte� notification to the m. Ensure that seniority practices, job paragraphs 7 a through p of these specifications. Director when the union or unions with which the classifications, work assignments and other The goals set foRh in the solicitation from which Contractor has a collective bargaining agreement personnel practices, do not have a discriminatory this contract resulted are expressed as has not referred to the Contractor a minority effect by continually monitoring all personnel a�d , percentages of the total hours of employment person or woman sent by the Contractor, or when employment related activities to ensure that the and training of minority and female utilization the the Contractor has other intormation that the EEO policy and the Contractor's obligations under Contractor should reasonably be able to achieve union referral process has impeded the these specifications are being carried out. in each construction trade in which it has Contractor's efforts to meet its obligations. n. Ensure that all facilities and company empioyees in the covered area. Covered e. Develop on-the-job training opportunities activities are nonsegregated except that separate ' Construction contractors performing construction and/or participate in training programs for the area or single-user toilet and necessary changing work in geographicai areas where they do not which expressly include minorities and women, tacilities shail be provided to assure privacy have a Federal or federally assisted constuction including upgrading programs and apprenticeship between the sexes. contract shall apply the minority and female goals and trainee programs relevant to the Contractor's o. Document and maintain a record of ail established for the geographical area where the employment needs, especiaily those programs solicitations of offers for subcontracts from ' work is being performed. Goals are published funded or approved by the Department of Labor. minority and female construction contractors and ' periodically in the Federal Register in notice form, The Contractor shall provide notice of these suppliers, including circulation of solicitations to and such notices may be obtained from any Office programs to the sources compiled under 7b minority and female contractor associations and of Federal Contract Compliance Programs office above. other business associations. or from Federal procurement contracting officers. f. Disseminate the Contractor's EEO policy by p. Conduct a review, at least annually, of all ' The Contractor is expected to make substantially providing notice of the policy to unions and supervisors' adherence to and performance under uniform progress in meeting its goals in each craft training programs and requesting their the Contractor's EEO policies and affirmative during the period specified. cooperation in assisting the Contractor in meeting action obligations. 5. Neither the provisions of any collective its EEO obligations; by including it in any policy 8. Contractors are encouraged to participate in bargaining agreement, nor the failure by a union manual and coilective bargaining agreement; by voluntary associations which assist in fulfilling one ' with whom the Contractor has a collective publicizing it in the company newspaper, annual or more of their affrmative action obligations (7a bargaining agreement, to refer either minorities or report, etc.; by specific review of the policy with all through p). The efforts of a contractor association, women shall excuse the Contractor's obligations management personnel and with all minority and joint contractor-union, contractor-community, or under these specifications, Executive Order female employees at least once a year; and by other similar group of which the contractor is a 11246, or the regulations promulgated pursuant posting the company EEO policy on bulletin member and participant, may be asserted as , thereto. boards accessible to all employees at each fulfilling any one or more of its obligations under 6. In order for the nonworking training hours of location where construction work is performed. apprentices and trainees to be counted in meeting g. Review, at least annually, the company's the goals, such apprentices and trainees must be EEO policy and affirmative action obligations employed by the Contractor during the training under these specifications with all employees , period, and the Contractor must have made a having any responsibility for hiring, assignment, commitment to employ the apprentices and layoff, termination or other employment decisions trainees at the completion of their training, subject including specific review of these items with onsite to the availability of employment opportunities. supervisory personnel such as Superintendents, Trainees must be trained pursuant to training General Foremen, etc., prior to the initiation of ' programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. construction work at any job site. A written record The evaluation of the Contractor's compiiance shall be made and maintained identifying the time ' with these speciftcations shall be based upon its and place of these meetings, persons attending, effort to achieve maximum results from its actions. subject matter discussed, and disposition of the The Contractor shall document these efforts fuily, subject matter. and shall implement a�rmative action steps at h. Disseminate the Contractor's EEO policy Ieast as extensive as the foilowing: externaliy by including it in any advertising in the ' news media, specificalty including minority and a. Ensure and maintain a working environment female news media, and providing written free of harassment, intimidation, and coercion at notification to and discussing the Contractor's all sites, and in all facilities at which the EEO policy with other Contractors and Contractor's employees are assigned to work. The Subcontractors with whom the Contractor does or , Contractor, where possible, will assign iwo or anticipates doing business. more women to each co�struction project. i. Direct its recruitment efforts, both oral and The Contractor shall specifically ensure that all written, to minority, female and community foremen, superintendents, and other on-site organizations, to schools with minority and female supervisory personnel are aware of and carry out students and to minority and female recruitment ' D-71 ' ' ' 7a through p of these Specifications provided that requirement, contractors shall not be required to the contractor actively participates in the group, maintain separate records. makes every effort to assure that the group has a 15. Nothing herein provided shail be construed positive impact on the employment of minorities as a limitation upon the application of other laws and women in the industry, ensures that the which establish different standards of compiiance , concrete benefits of the program are reflected in or upon the application of requirements for the the Contractor's minority and female workforce hiring of local or other area residents (e.g., those participation, makes a good faith effort to meet its under the Public Works Employment Act of 1977 individual goals and timetables, and can provide and the Community Development Block Grant access to documentation which demonstrates the Program). ' effectiveness of actions taken on behalf of the (b) The notice set forth in 41 CFR 60-4.2 and Contractor. The obligation to comply, however, is the specifications set forth in 41 CFR 60-4.3 the Contractor's and failure of such a group to replace the New Form for Federal Equal fulfill an obligation shall not be a defense for the Employment Opportunity Bid Conditions for Contractor's noncompliance. Federal and Federally Assisted Construction ' 9. A single goal for minorities and a separate published at 41 FR 32482 and commonly known single goal for women have been established. as the Model Federal EEO Bid Conditions, and The Contractor, however, is required to provide the New Form shall not be used after the equal employment opportunity and to take regulations in 41 CFR Part 60-4 become effective. 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). 10. The Contractor shall not use the goals and ' timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred ' from Govemment contracts pursuant to Executive Order 11246. 12. The Contractor shaii carry out such sanctions a�d penalties for violation of these � specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing ' regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. � 13. The Contractor, in fulfilling its obligaGons under these specifications, shall implement specific affirmative action steps, at least as e�ensive as those standards prescribed in paragraph 7 of these specifications, so as to , achieve maximum results from its efforts to ensure equal empioyment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director � shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible ofFicial to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports � relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, � employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and ' locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this ' D-72 � , 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 total onsite construction workforce, regardless of whether or not part of that workforce is performing work on a Federal, federally assisted or nonfederally related project, contract or subcontract. , 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 6-80. , APPENDIX B-80 GOALS FOR MINORITY UTILIZATION , Goals ' Auqusta, GA. (Percent) MINORITY FEMALE SMSA Counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27.2 6.9 ' Columbia, Richmond & Aiken, S.C. — Non-SMSA Counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32.8 � Burke, Emanuel, Glascock, Jefferson, Jenkins, Lincoln, McDuffie; Taliaferro, Warren, and Wilkes ' � ' � � � ' D-73 ' t ' � �_�� ' CERTfFICATION OF NON-SEGREGATED FACILlTIES BY PRIME CONTRACTOR , ' The SIDDER certifies that he does not maintain or provide for his empioyees any segregated facilifies at any of his establishments, and that he does not permit his employees to perform their services at any , location under BIDDER's controi where segregated facifities are maintained. The BIDDER certifies further that the BIDDER will not maintain or provide for BIDDER's employee any segregated facilities at any of BIDDER's estabfishments, and that the BIDDER will not permit BIDDER's employees to perform their services at any ' locatian under BIDDER's control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification will be a violation of the Equai Opportunity clause in any contract resuiting from r acceptance of this BID. As used in this certification, the term "segregated faci(ities" means any waiting rooms, work areas, restrooms and washrooms, 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 which are segregated by expficit directive or are in , fact segregated on the basis of race, color, refigion, or nation origin, because of habit, local custom, or otherwise. The BIDDER agrees that, except where the BIDDER has obtained identical certification from t proposed Subcontractors for a specific time period, BlDDER will obtain identicai certifications from proposed sub-contractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the ' provisions of the Equal Opportunity clause, and that Bidder will retain such certification in BIDDER's files. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. §1001. , � _ Date � � � , 20�. 1 - � ' (Na e of IDDER) ' OfFicial Address B (C tra s � e) � I 353 �o�.aov� l��:c.�� as �ts � (Title) ��.szr+.� C;,�� 3a90 I ' (City, State, Zip) *Must be included without alteration D-75 Apr 21 11 10:02a Paul Giles 864-283-2�737 p.1 , Q4/�.9/�p�,x 17 �r�x 7aasa�.izs� �OUSING nBVE�.OP3d�TT�' 1�002 ,— r ' a , c�R�r��tc�sic�K aF ric��s�c�a��aY�o �ACt�.rr��s � BY 3UBCt3M?RA�Tt�F� � 'The SUBCDNTRAC'f+f,�R aer'tif�ea , th�t #�� docs not mainta�n ar prov�de� fqr his emplo�pees �ny , segr�g�t�d fac�1itics at any af his estabti�hment�. and that he clo�s nat Pe�ii hla empfvyaos to per�tarm the�r �ervir.�s at any ixatic�n ur�der SU�CQN7E�+CY�R`s contro{ wher� segreQat�d faciT�tiex are ma�+�tal� 7'h� 5UBC4NTRACTOR oettifi�s turt�er that ttt� �u8C4N'YRACZ'�R wi� r+ot m�frit��h o� provide for � SUSG4N'��ACTOE2 em�layee any segre�at.od faCit�i�a at any of SUBCt1N1'RA�dR �stab�ashtru�nts, a�d �2tt the SUBGdAtTRAC�f'QR �►"t11 not permit SUBC0I�ITRACTOR empic7yees ta peribm's tfieir s�rv3c�es ai �ny , �cc�t�n�+ under SUBGO�ITl�ACTQR'� eantro� where s�reg�ted t2��Elftles at'e mair�tair�eti. Tt� St,�BCOtd7RACTOR a�rees thai a ht�e�ch of ttt� corlitication w�tl bo a viol�tion df �e Equ�1 �►pp�ftur�ity Cf�vse in any c�or�tr�►ct r��uttinp frarn acc.�pLance o� �+i4 Bt[? As used In this ae�ticatiot�, the t�rm `�regated '- facifitiss" ►�ans �n�r waiting r+�oms. work ar�eas, restr�aome and washrboms, resta� as�d o�� eatiryg . ar�as f+m� docksr, 1ocEt,�r roams artd att�r' SbR{�g$ or dr�in9 Sress. p.�t^iting [ots, dri�kill¢ fpu�t2�ins, � recraat(a� or erttmrta�nmCnt ar�a�s, tr�ttspoRatiort s�nd hou�ing fa�tities providdd iar empioy�es wh�cH a�+s segre�ated by expl�rat direcbve or ar� in f�ad segre�ated Qn tha b�fa af �, co�or, retigion. or r►a�iOn e�ri8�� •i�C�use of habit, foc�t Gu��m, ot' atherwis�a. 3his ceCt�`'iCaUon is appllcable tr� a� contf�tts s.xo�es3iro� ffiZQ,EXkD , whicte ar� not ex�mpt from tha Frovisir,n� of th� �Qu�i �3pporfunity cta�use. SUBCaIVTRAC�C�R wi11 ret�in such cerii�catior� in SUBCO►�TRACTC)h's ��. Nota: Tt� penatsy for making iZls�e s�tat�rne�ts in �fFers i� �' Pre5�tlbed i� i8 U.S.C. �1041. �� f G �� ^ '�'� )�� — ; � �-� )��r Dat�+-�'r �'� - �.LL- �Namc arf SS.iBCQNTRACTUR) (�t#iciat Addrees By � r �I+:.�i� � � (SubrAntr�Cto�'� Name) � .�J�l� v -�� Mf \r �r !'� � _ . ��,l� f — ��,�.. � � � � Rn��a . tc�� . ��) , `MUS� be Utdud�Stl WFt1'tOUt a�t6r�Or► 0.76 SQb/EQO'd EtBZ� OBt8v�9E48 Lo:£l tt4L/6t/bd � � � � � � � � � PRECONSTRUCTION � • Preconstruction Agenda � � 1 � � i 1 1 ! � � �``� �� G ,..,..__. � A � PRE-CONSTRUCTION MEETING MEETING ATTENDANCE ' Date: ' Time: � Location: — Project: ' Contractor: � Notice to Proceed Date: Completion Date: ' Contract Days � _ ATTENDEES NAME , (Please Print Clearly) COMPANY PHONE FAX � ' � ' ' i — � � E-1 � � � � `�,�� ` P5 A ' � "-..�....-- PRE-CONSTRUCTION MEETING ' AGENDA ' L INTRODUCTtONS: Contractor. ' Subcontractor(s): 1 ' ' Architect: ' Project Manager: ' Members of A/E firm who will be designated contacts: ' t ' Members of City Staff: ' ' ' Buiiding Owner: � I E-2 ' _-�F� ' �- G ; ��- PRE-CONSTRUCTION MEETING �' ' II. Basic Re uirements to Contractor: ' q Project Manager: ' Mobile Number: Fax Number: E-mail: ' Superintendent: Mobile Number: ' III. Submittals: Contractor to submit 6 copies to the Architect for approval: ' a. "Progress Schedule" 1. Detailed Construction Progress Schedule (Bar chart with percent ' completion target). b. "Schedule of Values" cost breakdown detailed . 1. No lump sums permitted except bonds, insurance and clean-up. , 2. Subcontractors to submit detailed cost breakdowns to Contractor. 3. Use correct format. c. No payments can be made until items "a" and "b" are submitted, reviewed ' and approved. d. Certified payroll to Augusta Housing & Community Development: 1 1. Wage rates — federal requirements. IV. Shop Drawings: ' a. Contractor to check before submitting, review for compliance, stamp, sign ' and date. 1. Provide transmittal with detailed description and specification _ sections. b. Identify project name, number, date and relevant specification section. , c. Only specified items or items approved via Addenda or approved Change ' Order be submitted. d. G.C. to document and submit Safety Provisions. ' 1. Info only A/E will not review. 2. Retain on Site. e. Project close-out ' ' E-3 ' , � x - �� C ��A ' -i'.:, ..�. -.f PRE-CONSTRUCTION MEETING ' V. Contractor identification/Parking: ' a. Photo identification. All workers to have valid photo ID at all times while on site. (State law) ' b. Contractor to control parking and authorized site access. c. Facility to remain operational at all times. d. Provide safety barricades/orange netting to protect hazard areas. ' VI. Storage of Materials: ' a. Arrange area, per Contractor's needs. b. Only items securely stored on site will be paid for on Pay Application. c. Coordinate with Facility operations. � VII. Trash Disposal / Upkeep of Project Area: ' a. Project area to be kept clean and unobstructed. b. Trash to be removed daily by contractor in his own trucks or disposed in his own dumpsters. ' VIII. Interruption of Utilities: a. Schedule off-hours and notify Facility Staff 48 hours in advance. ' b. Sequence for continued occupancy and use of facility. c. Coordinate with utility provider. ' IX. Fire Protection: a. Maintain fire control and F.E.'s on site at all times within 5' of work. ' X. Inspections: a. AHCDD - Will visit site weekly. b. Architect - Call 24 hours prior to covering work. 1) Subgrade for sidewalks ' 2) 100% Review - All Inspectors, Owner, and Inspection Departments ' XI. Davis Bacon Compliance 1 ' ' E-4 , ' ' ' ' ' , ' I T�CHNICAL SPECIFICATIONS � � � � � � � � � 1 1 'i zx� # as-os.o� �� HENRY BRIGHAM COM14IUlYITY CENTER TENNIS CaURTS --� Augusta Housing & Community Development Department Augusta, Georgia ,� � - ? TABLE QF C4NTENTS ' Sectian Title � Pages j �.J DIVISION 1 GENERAL REQUIREMENTS � O i 080 Applicable Codes I 01090 Abbreviations & Symbals 1— 3 `�� OfiI00 Alternates 1 � 013'00 Submittais 1 — 2 Ot 700 Execution Requirements -— I— 4 ��; O17I0 Cteaning 1 01732 Selective Demolitioa I— 3 � U177Q Close-out Procedures 1-3 `� � DIVISION 2 SITE WORK 0223d Site Ctearing 1— 3 , ' d2300 Earthwork 1— 7 _.:� Q 2 � 4 1 Hnt Mix Asp h a. lt Paving 1— 6 U2821 Chain-link Fences and Gates t— 5 ._� 0292U Lawns and Grasses 1— 5 --} DIVISIUN 3 CQNCRETE Q330U Cast-in-Place Concrete 1— 5 � � DTVISION 4 MASQNRY (Not Used �.�, � DIVISidN 5 METAL FABRICATIONS (Not Use� �� ---� DIVISION 6 WOOD & PLASTICS {Not Used) '" DTVISIflN 7 THERNfAL & MQI TURE FROTECTION (Not Used� LL"� DIVI�IQN S DOORS &�ViND(7WS ot LJsed: (N } � j DTVISIiJN 9 FIl�IISHES (Not Used) ,� � DtYIS1�N l0 SPECIALTiES (Not Used} ' ( DIVISICIN 11 EUUIP'MENT '' ' 11480 Athletic Equigment 1— 3 '' � � DIVISIQN 12 FiJRNISHINGS (�tot Usedj �:�1 DIVISION I3 S�'ECIAL CUNSTRUCTIUN (Not Used) , � + DIYISION 14 CONVEYING SYSTEMS (Not Used) I.,_a ' I DIVISIQ-N_1S _1VI-EC�IAI!II�AL (Not-[ised) � � � DIViSI 16 ELECTRICA ot Used ;:_.� (�''i ) I . ,, LIST OF DRAWINGS: . G4.1 INDEX & DEMOLITION PLAN ' A 1. I NE W LAY4UT PI.AN & DETAILS ; TAB�,E OF C�NTENTS Page 1 ,..�, ' � " ' DIVISION 1— GENERAL REQUIREMENTS SECTIUN 01080 — APPLICABLE CODES ' �-1 PART 1— GENERAL ~? 11 RELATED REQUIREMENTS AND WORK ' I A. The Division 1 General Requirements, Specifications, Drawings, Adde�da and Modifications are .,.� binding on a!1 work required for this Project. ' I --- � 1.2 AP`PLICABLE CQDES A. The following Buifding Godes are currendy adopted and applicable for this projact: ' � I. 12U-3-3 2010 State Minimum Fire Safety Standaras 2. 120-3-2U 1997 American Disabilities Act Guidelines 3. ABA 200b Architectucal Barriers Act, Accessibility guidefines, 36 CFR, part � 129I , -:J 4. IBC 2006 International Buiiding Gode (2U07, 2UQ9, 20l 0 Amendments} 5. TECC 2006 Intemational Energy Conservation Code (20(}8, 2Q09 Amendments) 6. IFC 2U06 Internationat Fire Code (20a7, 2010 Amendments} , � 7. IFGC 2006 International Fuel Gas Code (20Q7, 20d8, 2009, 2010 Amenciments) 8. IMC 2006 International Mechanicai Code (2007, 2008, 2010 Amendmentsj 9. IPC 2006 Intemational Plumbing Code (2007, 2008, 2009, 2410 Amendmentsj ' L= l 1 Q. NFPA 13 2007 Standazd forInstallation of Sprinkler Systems (wf GA Amendments} � ] 1. NFPA 70 2008 National Eleetrical Code (NEC) (2009 Amendments} 1Z. NFPA 72 2007 National Fire Alsrm Code (w/'GA AmendmentS) � 13. NFPA 80 2007 Standard for Fire Dvors & Other Opening , ,_�� - Protectives (w/ GA Amendments) 14. NFPA 90A 2009 Standard far the Installation of Air Conditioning _ & Ventilating Systsms (w1 GA Amendments) , �� 15. NFPA 101 20Q0 Life Safety Code (2007 Amendments) 16. NFPP. 241 204U Building Cons�ruction & Demotition Operations �'� B. Reference to ather applicable codes and standards are made in ather sections of this specification. , _, ; �� PART 2 — PRUDUCTS {Not Used) �� ' i PART 3— EXECUTION {Not Used) r �j END UF SECTIO1r1 , w� :-�� ' '� ... � ' i _�� ,._1 ' I - ,- i . , ,_, ' � :; _ ' - i APPLICABLE CODES � Q1Q80-1 , ,; _, � � DIVISION 1— GENERAL REQUIREMENTS �� SECTIOP�( 01498 — ABBREVIATIONS & SYMBOLS � � PART 1— GENERAL � � 1.1 REFEitENCES � ( A. Reference to a technical society, institute, association, orga.nization or govemmental auttwritymaybe -� made in the Specifications in accordance with the fallowing abbreviations: --{ AAR American Association of Railroads '; AA.SHTD American Association of State Highway and Trans�ortation Officials :� v� , ACI Arnerican Concrete Institute � ADA American with DisabiTities Act AECI Association of Edison Itluminating Companies _� AGA American Gas Association, Inc. ', -- AGG Assaciated General Contractors of America `� AGMA American Gear Manufacturcrs Associatian ',�1 Axc ��c� x�dw� ca�u�� 'I ` AIA American Institute of Architects �_m � � AISC American Institute of Steel Constructian ' ,. _,, AISI American Iron and Steel Institute �j ANSI American Nariona3 Standards Institute I !°- App, American Plywood Association �� -' ApI Ameriean Petraleum Institute '' ARI Air-Conditioning and Refrigeration Institute � ASA American Standards Association '� m � ASC American Standards Code 1 � ' , ,.:.� ASLA American Soeiety of Landscape Architects ,_� ASHRAE American Society of Heating, Refrigeiation and Air Conditioaing ' Engineers . j ASM Am�can Society far Metals ,_�: ' ASME American Society of MechanieaT Engineers � ASTM American Society for Testing and Materials � � AWT Architectural Woodwork Institute -' AWPA American Wood-Preservers` Association � ; & SYMBOLS 01090-1 ABBRE�IATIONS y_' ' AWS American Welding Society � ' ,_.:i AWWA American Water Worlcs Association CBM Certified Ballast Manufactiuers T� ' � CGA Compressed Gas Association �; CISPF Cast Iron Pipe Institute ' �>j CR:SI Concrete Reinfarcing Steel Fnstitute �� DFPA Douglas Fir Plywaod Association ' EPA Envicanmental Fcotection Agency �.. _ ---_ ' ETL Electrical Testing Laboratories FTA Factary Inswance Association , ;_� FM Factory Mutual ;`� IEEE Institute of Electrical & Electronic Engineers ' "�� IPCEA Insulated Power Cable Engineers Association �_..{ ' � ISA Instrument Society of America .�:, JIC Joint Industriaf Co.uncil �� MCA Manufacturing Chemists Association ' _ MIA Marble institute af Ameriea ' `� MSS Manufacturer's Standazdization Saciety af the Valve and Fitting Industry NBFLJ Nationat Board of Fire Underwriters , "'� NBS Natianal Bureau of Standards � NEC National Electric Code ' :� .1 NECA National Electrical Gontractars Association ' ^_� NEMA National Electrical Manufactucers Association NFPA National Fire Pratection Association , � '_..i NSC National Safety Code °� NTMA The National Terraxzo and Mosaic Associatian Inc. ' �i `�� NWMA The National Woodwork Manufacturers Association, Inc. p i� OSHA Occupational Safery and Health Act ' �.� PCA Portland Cement Association ..} � i PCI Prestressed Concrete Institute , _i ABBREVIATiONS � SYMBOLS O1Q90-2 ' ,'.,_ 1I ---' p� P1�mp Manufacturefs Association I RLM Reflecwr Luminaire Manufactnr�rs ��+ � _� ! RTMA Radio-Television Manufacturer's Association I SAE Society of Automobile Engineeis <; � � SCFI Structural Clay Products Iastitute � �i 5DI Steel Deck Institu3e `� SJI Steet Joist Institute i �� SMACNA Sheet Metal and Air Ganditioning Contcactots Natioaal Association �� SSPC Steei Swctures Pain6ng Gouncil TCA Tile Council of America . �, ' � TEMA Tubular Excha�ge Manufacturers Association �;_� �, Underwr'stet's Laboratories ', Uni d States Product 5tandard ..:� USPS � i PA.RT 2— PRODUCTS (Not Used) 'G_ � � PART 3 — EXECITTIt�1N (Nat Used) ��~'; � _ ::�J END OF SECTION ' ..Fi �� , _.� � �� .a ' ; ° -� �_:..1 � I :, � , ;i .W� � -�� ,� � j 1 ' ABBREVIATIONS & SYMBOLS 0109Q-3 i .�., ' 'i ' DIViSION 1— GENERAL REOUIItEMENTS _,� SECTION 01100 - ALTERNATES � � LL '? PART 1— GENERAIJ 1.1 RELATED REQiTIREMENTS AND Wf}RK ' I � A. Reference the Proposai Form for alt work related to this Section for this Project ,{. + 1.2 SUMMARY ' ''� � A. The Contractor shall fumish all labor, materials, tools, equipment and perfacm all work and �� services necessary for alt Alternates as shawn on drawings and as specified, in accardance with the , i prvvisions of the Contract Documents and coordinated with work af al! other trades. Ali prices --' shall include: overhead and psofit. � B. Although such work is not specifically indicated, furnish and install atl supplementary and � ( miscellaneous items, appurtenartces and devices incidenta:k to for a cainplete installaticrn C. Coordinate pertinent reiated work and modify surrvunding work as required by Co�rtract , � Documents. ''-�:� D. All materia}s and methods of construction used on this project shall couform to the qualifications ;�� established by the Contcact Documents. ' ' `I _ : 13 QuA1vTT'I'�s '�? A. When materials, devices or equipment are referre3 to as if singular in numher, it is intended that ' f such reference shall apply to as many such items as are required to camplete the work. ,�, �,,,, PART 2 — ALTERNATES � ._.,j 2.1 ALTERNATES �-� A. State in proposal the amount to be added or deducted from the Base Bid for each of the Altemates ' �+ descn'bed below. Upon execution of the Contract, implement wflrk and modify work as estabtished -�•' under various Alternates as accepted oc rejected by the Owner. Glarificallons of Al#emates shall be as foIlows: ' ; ,� Deduct Alternate #1: a} Delete Polymer-coated fence wire fabric and steel framing. Galvanizai steel wire fabric and metallic- � coated steeLframing to be used instead. ' _�; I, b) Delete Polypmpylene open mesh Wind Screens. � Unit Price #1: Track Revair ' I a) Remove and replace 10' x 50' section of exisfing Asphalt track. Includes compacting subgrade, °`� installation of new 4" deep crushed stane hase and installation of new 2" thick asphalt wear surface. Areas to be field located by,Owner. See De2ai1 #1 l/Al.l. ' �, 'I , 6 ;....:� PART 3 — E�CUTIUl'1T (Not Used) � � :�� .� END 4F SECTION ' I ___, � i oi oo-i � ; ALTERNATES X ' �.�.I DIVISION 1— GENERAL REOUIREMENTS , -� SECTION OI300 — SUBMITTALS , --� PART 1— GENERAL � : J 1.1 SUMMARY A. The following pmvisions shali apply. � Contractor shall campile one completed set of appmved set of Shap Drawings and submittais to ' turn in with the O& M Manuals. ,; B. Contractor shall submit six prints of each shop dra.wing to the Architect €or review. If correcrions � are required after the Architect's review, two copies of marked up drawings will be returned to the _� ��i Contractor for necessary revisions. Coatractor shall then resubmit six prints of corrected drawings for fmal review aad distribution. However, if for any reasons further correctians are neeessary, follow the above procedure until no corrections are required. ___ ______ _ . r � � C. For standard rnanufactured items the Contraetor shall submit s� copies of all catalogue sheets, vendors' drawings and certified drawings to the Architect for review. If corrections are required '�i after the Architect's review, two copies of marked up drawings will be retuined to the Contractor ._:i for revision. Contractor shall then resubmit six corrected copies for final review and distribution. , � D. Shop drawings subautted for review must bear the stamp of the Cantractor stating that they have -^ i been checked. It is the Contractor's respansibility to fuily check all shop drawings for airangement �:._ � and conforntance with drawings and speeifications, and accutacy of dimensions, including coordination of shop drawings submitted on other work uader these specificatio�s. If it appears � that such checking has been inadequate, even thoug4� stamped as being checked, drawings will be .� �.'� returned ta the Gontractor for proper checking before further processing by the Architect regardless of any urgency claimed by the Contcactor. ' � � E. The review of such drawings by the Architect wili be general only. Such review shall not be interpreted as a checking of detailed dimensions or appraval of deviations fram plans and specifications, uniess such a check ar deviation is requested at time of submission. Review of ' � I drawings shal( nat relieve the Contractor vf F►is responsibiiity for accw�acy of same, nor for the ---� furnishing of all materials required by the contract, even though same may not be indicated on the revicwed shop drawings. � .:.) . F. The Contractor must schedule the submission of shop draw�ngs and schedules to allow the Arohitect a minirnum of ten woricing days, after rece�pt, for the review of each subrniss�on. The review of a shop drawing c�oes nat aut3iorize changes frots► ttte Contra�t reqttic'ements as to t � materials, workmanship, extent of the work or price unless authorized in a separate Change Order. G. Submit shop dra.wings, vendor drawings and certified drawings, to the Architect with a transmittal �� letter or form addressed to 2I�M Arc'hitects, Inc., 2275 Wrightsboro Road, Augusta, Georgia, 30904_ Transmittals shall include the sender's name, the project number, name af the Qwner, a list '� of shop drawing numbers and tit�es at�d quantity of each print submitted. In addition, Contractor ' i shall mark each drawing wilh the projext number and name of the dwner. � - '� l.2 SAMPLES , � A. The "Genera! Conditions" covers samples. The following provisions shall also apply: " _ , I . Name of Project 2. Locafion ofProject ' 3. Name af Cantractor I 4. Material or Equipment Represented -°' S. Manufacture�'s data sheets and drawings, if available ' B. Appmval or acceptance of samples will not preclude the rejection of the completed wark. After a material has been approved, no change in brand ar make will be permitted, unless satisfactory ' SUBMITTALS 013b4-i M j � '' evidence is presented to and appcoveci by the Architect that the manufacturer cannot make delivery of the approved material an schedule. The right is reserved to requize submission of sampies of ' ~ i any material or any material lists whether ar nat particularly menrioned herein. :;..-� . 13 CERTIF[CATES --, � j A. Co�actor sha.11 obtain certificates of approvat, acceptance and compliance from all authorities having jurisdictiott Qver the work and deliver these certificates to the ArchitecL The work will not ' be deemed complete nor will final payment be made until such certificates have been delivered, � �j I lA RELEr1SE OF WAiVER UF LIENS A. Fumish releases and waivers as required by the Contcact Documents with final payment ' � application. y��-� 1.5 RECORD DRAWINGS ' --� A. The Owner will fiunish the Contractor one comglete set of Drawrngs to be maintained at the site, ,� and on which, as the work pragresses, the Cantractor shall recvrd all changes and actual t ( � dirnensions af the instailed wark where de�iations are made from the origin�l drawings or f specifications relative to work included in this contract: I B. On compierion of ttie job, the Contractar shall detiver one print of such corcected drawings to the '— �� Architect. The Contractor sl�all melce such additional cQrrections as the Architect may reqaire and shall then deliver the corrected prints to the Owner. ,. ._ ,,.,. �� C. These Record Drawings ar� a specific requiremcnt and the Contract will not be considered ' � camplete untii they have been submitted in an accept�6le fornt. �.°-� 1.6 W�S ' �_u� A. The Contractor shall deliver to the Architect, upon demand and upon completion of all work under �: this Contract, a written guarantee made out to the Owner, satis£actarily warranting. tihe I requirements sp�ecified under this section. The Contractor's overall guarantee shall cover a period ' _,w! of one year ar longer periods as specified. This guarantee shall be bittding upon the Contractor, his svccessors and assigns. v � „� 1.7 DUCUMENTS REQUIRED PRIOR T4 FINAL PAYMENT i A. Prior to receipt of �inal Payment, the Convactor shall deliver to the �4rchitect the follnwing ' documents in the quantity indicated: (All copies shall have original signatures and seals.) j� L All Affidauits, Warranties, Certifications, and other documents indicated in the General I Conditions, not less than four {4) copies. `,--� 2. Operating and Service Manuals on all equipment including Mechanical and Electrical ' �, � work, inclnding all on-site training, three{3) copies, bo�d, labeled, and indexed in 3-ring "`' binders, see General Conditions, and Specification Sectians. � 3. Praduct Data (tests, labs et�) for all rated materials {Ciass A,B,C) installed in the ' building (paints, fabrics, paper, etc). Alsa all contractors will be on site with date foc !.�;� each F_M. inspection (scheduled). � 4. Waste Manifests for proQer disposal af�azardous waste. ' i _.. *� 5. 11�tanufacturers ceRiftcates as cequired itt Arkicle E-6. b. Contact list of all subcontractors ineluding names addresses and phone numbers. , 7. Comprehensive color sectian schedules as installed. � j pART Z— PRODUCTS (Not Used) ' 1'.�_:J I PART 3— EXECUTif)N (Not Used} _I ' _ END OF SECTIaN i SUSMITTALS 01300-2 ' 4 � ... -- -- I DIVISION i — GENERAL REOUIIt�MENTS � SECTION 017dQ — EXECUTION REOUIREMENTS � PART 1— GENERAL � 1.1 SUMM:ARY � � J � A. This Sectioa includes generaf procedura? requirements governing execution af the Wark including, � but not limited to, the foliawing: � 1. Construction layaut. 2. General installation of products. 3. Maintain safe access and egress. ' �~ � 4. Progress cleaning. S. Starhng and adJustmg. b. Protection of the installed canstruction. � 7. Ccarrectian of the Work. ��, *� ��J 1.2 SUBMITTALS '; � A. Submit in accordance with Section 013Q0 Submittals: __., 1. Detailed Sct�edule, 2, Protective barrier materials 8c layaut & instal lation seyuence. ' ^ PART 2 — PRUDUCT5 (Not Used} ..� I- � PART 3 — EXECUTIOlY � 1 °p4� 3.1 EXANIINATTON � _..., f� A. Existing Conditions: The existence and locatian of site impravements, utilit�es, and other 1;,� const[vction indicated as existing are nat guzranteed. Before beginning work, investigate and ( verify the existenee and location of inechauical and eiectrieal systems and other canstruction � affeexing the Work. 'o- 1. Before construction, verify the lacation and pvints of connection of all utility services. � ,_._.� B. Existing Udlities: The existence and location of utilitie`s and construction indicated as existing are ) nat guatanteed. Before beginning work, investigate and verify the existenee and location af � utilities and other canstruction affecting the Work. 1. Sefore canstruction, verify the locatzon attd inuert elavat�on at points of connection of sanitary sewer, water-service pipiag; and electrical services. � C. Acceptance of Canditions> Examine substrates, areas, and conditians, with Instatler or Applicator i .:r.� ' � present where indicated far compliance witti requirements for instailation toleranees and other �'� conditians affecfing performance, Record oisservattons. I. E�camine rough-in for electricat systems to verify actual locations of connections befare "�� equipmen2 and fixture installation. 2. Examire walls, tloors, and ceilings for suitat>la conditions where products and systems " r are to be insta11ec1. �-� 3. Proceed with installation only after unsatisfactory conditions have been corrected. i' ! Proceeding with the Work indicates acceptance of surfaces aad conditions. � � 31 rREPARATIfN ' ��' A. Existing Utility Informatian: Verify information on uti?ities that is neeessary to adjust, move, or i relocate existing work affected by cansttvction. ' B. Field Measurements: Take field measurements to fit the Work properly. Recheck measurements before insta:lling each prnduc�. Where portions of the Work are indicated to fit to other ' construction, verify dimensions of other canstruction by field measurements befare fabrication. � Coordinate fabrication schedule with constructian progress to avoid delaying the Work_ ' EXECUTIQN REQUIREM�NTS 01700 - 1 . --')�.I ' - ��,� C. Space Requirements: Verify space requirements and dimensions of items shovs+n diagcammatically ' �; an Drawings, _:�__1 D, Review of Conuact Documents and Field Conditions: Immediately on d'escovery of tlie need for � clarification of the Contract Documents, su6mif, a"Requesc for Information" Eo Architect. Include a ' I detailed description af problem encountered, together with recommendations for changing the Contract Documents. Use standard fortn, numbering and dated. ^� 3.3 CONSTRUCTTQN LAYUUT ' A. Verification: Before proceeding to lay out the Work, verify layout infotmatian shown on `° i Drawings, in relation to existing wark to remain. If ctiscrepancies are discovered, notify Architect ' ,�+ � promptly. ' 3.4 INSTALLATION ' � A. General: Locate the Work and components of the Work accurately, in correct alignment snd � ele�arion, as indicated. _ ,� 2. Make vertieal work plumb and make horizontal work level. ' � 2. Where space is limited, insta[t components to maxiauze space availabte far maintenance and ease of removal for seplacement. 3. C�nceai pipes, ducts, and wiring in ftnishec� areas, unless vthervYise indieated. �— +� �F. Maintain minimum headroom clearance of 8ft {2.4m) in spaces with or withaut a suspended ceiling. ! °; ' B. Cornply wi#h manufacturEr's written instructions and recommendations for installing products in ' ,�� applications indicated. C. Install products at the time and under conditions that will ensure the best possibte results. ' Maintain conditions required for product perfomlance until Substantiat Completion. �� D. Conduct construction operatious so no part af the Work is subjected to damaging operations or I•-� toading in excess of that �xpected during norntal condi�iQns of occupancy. ,`� ' — � E. Tools and Equipment: Do not use tools ar equipment that produce harmful noise levets. F. Temptates: Obtain and distcibute to the parties involved templakes far work specified to be factory � �� grepared and field installed. Check Shop Drawings of other work to confum that adequate _ provisions are made for loca.ting and installing products to camp2y with irdicated requirements. G, Anchors and Fasteners: Provide anchors and fasteners as required to anchor each eomponent 1 securely in place, accurafely:tocated and aligued witii other portions of the Wor,1c. 1_ Mounting Heights: Where mounting heights ar.e not indicated, mount components at �~�� heights directed by Architect ' 2. Allovs� for building movement, including thermal expansion and contraction. I� 3. Coordinate instaTiation of anchorages_ Fumish setting drawings, templates, and directions I for installing anchorages, including sleeves, anchor bolts, and items with integral anchars, . — �� that are to be embedded in eoncrete or masonry. Deiiver such items to Pr+oject site in time ' ' � for instaltation. H. Joittis: Make joints of uniform width. Where joint locations in exposed work aze nat indicated, ' :� arrar►ge jaints far the best visual effect Fit exposed connections together w form hairline joints. _�s I. Hazardous Materials: Use products, cleaners, and installatian materials that are not considered ' + hazardous. _..1 _- i ' i — EXECUTION REQUIREMENTS 01700 - 2 I ' �i ' 3:5 PROGRESS CLEANING � �F A. General: Clean Project site and worlc area:s daily, including common aress. Coardinate progress ___:� cleaning for joint-use areas where rnore tl�an one installer has worked. Enforce requirements strictly. Dispose of materials lawfully. t �; 1. Coinply with requirements in NFPA 241 for removal of combustible waste materials and ' debris. !:.i 2. Do not hold materiais more than 7 days during norn►aJ weather ar 3 days if the temperature is expected to rise above 8Q deg F{27 deg C). �;� f 3. Containerize hazardous and unsanitary waste matetials separakely from other waste. Matk �•.-� containers appmpriate3y and dispose of legally, according xo regulations. ° � B. Site: Maintain Project site free of waste fnaterials and debris. , .�� C. W ork Areas: Clean areas where work is in progress to the IeveI af cIeanliness necessary for praper executian ofthe Work. ` 1. Remove fiquid spills promptty. � 2, Where dust would impair pcoper execution of the Work, broom-clean and vacuum the � entire work area, as appropriate. i -, I� D. Installed `Vork: Keep instalied work clean. Clean installed surfaces according to written -' instruation af manufaciurer or fabricator of product installed, using only cleaning materials specifically recomrnended. If specific cleaning materials are not recommeaded, ase cleaning � materials that are not hazardous to heaith or pmperty and that will not damage exposed surfaces. �� E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. ,�{ F, Exposed Surfaces in Finished Areas: Clean exp�sed surfaces and protect as necessary to ensure s.� freedom fram damage and deterioration at time of Substantial Campletion G. Waste pisposa.k: Burying or buming waste rnateri.ais on site wi11 nat be permitted. Washing waste '{`� materials down sewers or into wat�rways will nvt be permitted. H. During handling and installation, clean and pmtect construction in progress and adjoining � materials a]ready in place. Apply protective coveri� where requucd to ensure protection fmm . I damage or deteriocation at Substantial Completion, I. Clean and provide maintenance on completed canstruction as frequently as necessary through the '� remainder of the constnzction period. J. Limiting Exposure: Supervise constcuctian aperarions ta assure that nu part �f the consttvction, ' I- completed or in progress, is subject to unauthorized aceess by non-construction personnel during � the construction period. ' I �.., 3.6 PROTECT SVE OF INSTALLED CONSTRiJCTION 1� ,..� A. Provide final protection and mautta�n conditians that ensure installed Work is withaut damage or deterioration at time af Substantial Campletian I i B. Comply with manufacturer's written instruction for temgerature and relative humidity. 3.7 CORRECTI�N OF THE WORK i�� _..�� A. Repair or remove andreplace defective cvnstructivn. Restore damaged substrates and fmishes. ; 1. Repairing includes replacing defective parts, refimshing darnaged surfaces, touching up ' ; with matching materials, and properlyadjusting operating equipment. ,�� B. Restorepermanent facitities used durir►g construction to their specified condition. , ; C. Remove and repkace damaged surfaces that are exposed to view if sutfaces cannot be repaired ! without visible evidence of repair. ' � EXECUTION REQLTIREMENTB 01700 - 3 Y 'i ' D. Repair components that do nat operate properly. Remove and replace operating companents that ' � cannot be repaired. �_,� 3.8 SCHEDULE � ' , A. Coniractor shall develop a detailed schedule & submit for t)wner approvaL -..�s �.� B. Cantractor shall minimize duration of construction on site. ' j1 ; �°•J END OF SECTION ' t ��.� �1 ' _ .�1 ,. - , �� ' <.:� ..�� ' * � .� { ' , .>�:J � , ,;.�� ' w �� ' � d .,'r ' ! � .� � ,,.,,.� ' �,! ' •, .�� _--�, � -.�) ,-,.. J ' ;: i EXECVTION REQUIREMENTS 017�0 - 4 , �� DIVISION 1- GENERAL REOUIREMENTS SECTION 0171Q - CLEANING 1 .:: � PART 1- GENERAL , 1.1 RELATED REQUIREMENTS AND WORK l � � ' A. All Division 1- Genecal Requirements, Specifications, Drawings, Addenda and Modifications are _, binding on al1 work required for this Projec� ....; 1.2 SCQPE A. Priar to final acceptance by the Owner, the building and surrounding gcounds are to be put in clean ,� and orderly condition. In ali instances, the sub¢ontractars are directly responsible forthe neatness and orderliness of their work. However it wiI1 be the General-Con�tvr's final responsbility to ascertain the entire project .is in a thorou,ghly cteaa and sccegtable condition. -:�..:1 1.3 CLEANING i � A. Clean and remove from siee all excess materials l `�` $. Ciean a11 accessories and other specialties associated with the work. �� C. Clean all e�cterior areas and fixtures associated with the area of work. 1.4 TdUCH-LTP i .� � A: Immediately prior to finat acceptance of ttte �ilaing, certain subcontractors are responsibte for the °� 1 finishing touch-up of tlieir work to }eave the job in acceptable condition, including the following trades: '�! 1. All exterior painting to be touched-up as necessazy to cover all scratches, imperfectians, ar �_.� damage caused by new work, PainC materials shall match origina[ finish materiais. 2. All caulki�g and sealirig shall be checEeed carefuily to ascertaitt that tltere is no damage or { imperfections to th� new caulking and seaIi� work. _I �� PART 2- PR4DUCTS Not Applicable. ,� PART 3- EXECUTION Not Applicahle. i _: � f.:., END OF SECTION i � � i ,....,, f "' � � �, ; ',_i, '± i , ..;. , � _� ' CLEANING 41710-1 ' ' D IVISION 1- GENERAL REOUIREMENTS � SECTION 01732 - SELECTIVE DEMOLITION ' : :1 PART 1- GENERA�L 1.1 SUIVIMARY ' :�� "" A. This Section includes the following: 1. Demalition and removal of select tennis court, equipment and fenced enciosnre. ' � 2, Demolition and removal of select concrete sidewalk. B. Related Sections: The following_ Secrions contain requirements that relate to this Section: 1. General Conditions far Schedules and Coocdination gmceduces far demplition operations. , � DEFIIVITIONS 1.2 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 u►dicated to be removed and "salvaged" remain the Owner's property. , i.: � Remove, clean, and pack or crate items to protect against darnage. Identify conten� of cantaincrs and deliver to Owner's designated storage area. I � C. Existing to Remain: Protect constractian indicated to remain against damage and soiling during � ' �.� dernalition. 13 MATERIALS OWNERSHIP , - :� A. Except for items or materials indicated to be reused, salvaged, or otherwise indicated to remain the dwner"s praQerty, demolished m�terials shaIl become the Contractar's property and shall be removed ' � from the site with further disposition at the Contracto�'s option. I 1.4 SUBMITTALS `� A. GeneraL• Submit each item in this Article according to Specificadon Section 01300 Submittals, for ' "'�` infocmation anly; unless otherwise indicated. � ' � B. Schedule of demolition activities indicating the follawing: 1. Detailed sequence of dernolition and removal work, with starting and ending dates for each activity, C. Record drawings at Project closeout a�cording to "ContracL Closeout" procedures. � `� 1. Identify and accura.tely locate capped utilities and other subsurface strucriu�al, electrical, or � T mechanical conditions. , ��:J 1.5 QUALITY ASSURANCE 1 A. Demolition Firm Qualifications: Engage an experienced firm tt�at has suecessfuIly completed ' �! dernolition Work similar to that indicated for this Pmjec� ;:->;i B. Regulatory Requirements: Comply with gaverning EFA notificatian regulations before starting ' . j demolition, Compiy with hauling and disposal regulations of autt►orities t�ving jurisdiction. l ��:� ' 1.6 PROJECT CONDITIONS ' I.,, ,`, -� A. Site improvements to have selective demolition wiI] not be vacated and access and use will be continued. _, ' � SELECTIVE DEi�IOLITION 01732-1 ' , �V , B, Owner assumes no responsibiliry for actua! condition of buildings to be demolished. � -� 1. Conditians exisUng at time of inspection for bidding purpose will be maintained by � Qwner as €ar as practical. C. Storage or sale of removed. items ar materiais on-site will not be permitted. '� ' 1.7 SCHEDULING � A. Amange demolition schedule so as not to interfere with Owner's adjacent facility operarions. � - � PART Z — PRUDUCTS ' :, 2.1 MATERIALS �� A. Pmvide temporary plywood and 2x4 framed barriers and sheeting materials to isolate hazandaus work ,� areas, pratect existing work, and control dust migration fram work area. '---� PART 3 — EXECUTIC3N � ~ , 3.1 EXAMINATIOitiT ,._ �: A. Verify that utilities have been disconneeted, celocated, and capped. � �� B. Survey existing conditions and correlate with requirements indicated to determine extent of dematition . --' required. ' ,.� C. Inventory and record the conditian of items to be remnved and reinstalled and items t� be removed and � salvaged. � ' �• D. Perforni surveys as the Woric progresses to detect hazards resulting from demotition activities. � -"°� 3.2 UTII.ITY SERVTCES i A. Maintain ex.isting utilities indicaxed to remain in service and protect them against damage during ' �._+ ,�� d�molition operations. 1. Do not interiupt exisring utilities serving vccupied ar opera#ing facilities, except when authorized in writing by Owner and authorities having jur�sdiction. Prouide temparary , Y ' services during intemrptions to existing utilities, as accepta:ble to Qwner and to governing - � authurities. , i 33 PREPARATIQN _.1. � A. Conduct demolition aperations and remove debris to ensure minimum interference with roads, streets, ' --� walks, and other adjacent occupied anc3 used faci�ities. � 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without �� pennissian from Dwner and authorities having jurisdiction. Provide alternate r�utes around � closed or obstructed traffic ways as reyuired by governing regulations and building egress. �' B Conduct. demolition operations to prevent injury t,� people and darnage ta adjacent buildings and �_, facilities to cemain. Ensure safe passage of people azound derr�nlirion area. , � i. Erect ternporary protection, such as fences where required. ; 2. Protect existing site improvements, appurtenances, and landscaping to remain. �J � 3.4 EXPLOSIVES ' � j A. Explosives: Use of explosives will nvt be germittec3. , 3.5 POLLUTIO�'+T CUNTROLS -� A. Rernove and trautsport debris in a manner that will prevent spiilage on adjacent sur#'aces and areas. � SELECTIVE DEMOLTI'ION 01732-Z �.' .' � 'i �-" B. Clean adjacent improvernents of dust, dirt, and debris caused by demolition operations. Return .T � adjacent areas t.� conditian existing before start of demolitian. , �J 3.6 DEMOLITION ' � <� A_ Selecrive Demolition: Demolish portions of the improvements completely and remove from the site. °' Use methods required to comglete Work within limitations of governing regulations and as follaws: 1. Dispvse of demolished items and materials promptly: On site st�rage or sale of remaved ' J items is proIubited. i ..,__l B. Damages: Promptly repair darnages to adjacent work caused bydemolition operations. ' � �.i� � � � � 3,7 DiSP05AL OF DEMOLISHED MATERIALS A. General: Pmmptly disQose of demolished materisls. Da not a11aw demc�lished rnaterials to ' � accumutate on-site. �� B. Burning: Do not burn demolished rnater'rals. � ;� C. Disposal: Transport demolished matcrisls aff Qwne�'s pcoperty and tegally disposes of them. � 3:8 SCHEDULE ' i �--� A. The site will be available far the rime of construction. I �`� { B. Att work must be coinplete and accepted in conformaaee wYth documented scheclule. ' --- . .:i END OF SECTION ' v�::� ' � � ._. ' — � � ' : :1 �` � I :,N:� ' '�..W� - ; __, ' ':�J - 4�j � � � � � : l � ' � _ � i _. , ' ;` SELECTNE DEMOLTTION 01732-3 � �� " DIVISION 1- GENERAI:. REaUIREMENTS SECTION 0177d - CLOSEOUT PROCEDURES I . _� PAR,T 1- GENERA.L � 1.1 SUM�IARY ,, i A. This Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the fallowing: 1 1. Inspection Procedures. �: ::i Z. Record Drawings. 3. Closeoat Docurnentation. 4. Operations and Maintenance (a & M} Manuals, �� "'' 1.2 SUBSTANTIAL CQMPLETION ' � A. PrelitniIIary Procedures: Befare requesting inspection for dete�rnin�ng date of Substantia! .,�. Completion, the Gontractar shall complete the fallowing: 1. Prepare a list of items to be completed and carre.cted "Preliminary Punch I,ist", indicate the � i value of items on ti�e Iist, and reasons why the Work is not complete. The Architect wil( f � evaluate and add items as necessary at time of inspection„ �"° "� 2. Advise Owner af pending insurance change over requirements. 3. Submit specific warranties, warkmansfup i�onds, marntenance service agreernents, finai ;_' certifications, and similar documents: �1 4. Obta.in and submit releases permitting Owner unrestncted use of the Work and access to services and utilities. Tnclvde oceupancy permits, operating certificate5, and similazreleases, '^~ 5. Prepare and.submit Pmj ect Record "Red Lined Prints", �pera.tion and maintenance maauals, � and similsr final rec8rd information. 6. DeIiver toals, spare parts, extra materials, and similar iteais to a location designated by the ' _ T Owner. Labe1 wi#h manufacturer's name and rnoclel number where applicable: � ( 7. Make final change over of permanent locks and deliver keys to 4wner_ Advise Owner's , personnel af change over secur'tty provisions. 8. Complete stattup testing of systems. �� 9. Submit test records and certify wat�r systems sterilizaGian tests. 10. Terminate and rema�e tecxe�sorary facilities from Pmject site, along with mockups, construction tools; and: similar elements. 11. Advise Owner of change over in power and other utilities. , I� 1 Z. Submit change over information retated ro Owner's occupancy, use, aperafion, and ,,,_, maintenance. 13. Comglete final cleaning requirements, including touch-up painting. � 14. Touch-up and otherwise repair aad restare ma�red expased finishes to e3iminate yisual i ' 1 defects. r �°--a B, Inspection: Submit a uvritten request for inspection for Substantial Carnp)etion. 1 1, Results af completed iz�spectivn will form il�e basis of requirements fDr Substantial : � Comp(etion. 2. Cantraetor sha(t identify the scheduie to camplete all wark for certified "Fina1 Campletion". ' ; � 1.3 FIlVAL COMPLETIUN 7 .�:� � ' A_ Preliminary Procedures: Before requesting Final Inspection fordetermining date ofFinal Comptetion, '� complete the follawing: _,;_� 1. Submit a Fin�i Application for Payment according to Division 1 Section "Paymeni Procedures". 2. Submit certified copy of Architect's Substantial Completion inspectian list of items to be '� � campleted or corrected (Preliminary Punch List}, endotseci and dated by Arehitec[. The -� certified copy of the list shall state that each item has been compteted or otherwise resolved ' for acceptance. ; 3. Insuuct Owner's personnel in operariQn, adjustment, and maintenance of praducts, _, equipment, and systems. Provide documentation af traiaing. ' CLOSEO[TI' PROCIDUItES 01770-1 -' B. Inspection: Submit a written uest for Final Ins 'on for acce tance. Indicate areas needin ' �! P� p g correction from Preliminary Punch Lisi Final inspection will requite 48 haurs prior notiee. .� ' ,:J 1.4 LIST OF INCO�MPLETE ITEMS (FINAL PUNCH LIS'1� A. Contractor shall submit written estimated schedute for completian to the Owner and Arcfiitec� The ' � Architect wiit eoordinate a fina! review of the remaining items on the Fina:! Ptuich List B. Subsequent inspections s}�all be at the Contractor'S expense. �� PART 2 — PRODUCTS -�-, 2.1 RECURD DRAWINGS "`� A. �tecord Prints: Maintain one set of prints of the Contcact Dtawings with incosporated Addenda. and ' appraved Chan,ge Orders. � 1. Preparatian: lulark Record Prints to show the actual instailation where instailatian varies '— _:� from that shawn originally. Require individual or entity who obtained record data, whether individual or entity is Instailler, subcontractor, or simiiar entity, ta prepa� the marked-up �-°+ Record Prints. ' ', �� a Give pa�ceelar attention to information on concealed elernents that would be tii�eult to iderzfify or measure and recard Sater. b. Accurately record info.rnnatian in an understandable drawing technique. �� c. Record data as soan as possible affer obtaining it. Record and check the markup , _�,:! before enclosing concea:led installadons. 2. Content: Types of items requiring marking include, but are not limited ta, the following: -,�, a. Dimensional changes to Drawings, ' �� b. Revis2ons to details shoivn vn Drawings. c. Revisions to rauting of piping and conduits. — d. Revrsions to electricat circuitry. e. Actual equiprnent locations. , � f. Lacations of conceated utiTities. � g. Changes rrtade by Change Qrder or Change Directive. �j h. Changes made fvllowing Atchitec#'s written orders. �� i. Details not on the original Contract Drawings. , � j. Fielcl records for variable and concealed cflnditions. k. Record informatiomontfie Work that is shown only schetnatically. � 3. Mark the Contract Drawings completely and acctuately. ' ,�_ � 4. Mark record set wit1� er�.sable, red-colored pencil, Use other colors to distinguish between changes fcsr differeiit categ�ries of the Work, at s$me loeation, � 5. Mark important additional information that was either shown schematicaI)y or omitted from ,— original Drawings. �� 6. Note Construction Change Directi�e awnbers, altemate numbers, Change Order numbers, and similaz identificatian, where applicabie. �� 2.2 GLOSE+E)UT DUCUMENTATIOIV � -� A. Organization of CloseoutDocuments. Each item shall be indexed with tabs as inciicated below in a 3- ' j ring binder (at least 3) compieted copies (one original) shall be supplied to the Owner. Obtain specific ' forms from AHCDD office. Documents shall be organized and shall include.but are not limited to the following: 1. General [Tab I ] - � � ? 1.0 Index ` l.l Affidavits a. Non-Influence ' r � b. Statatory '`"� 1.2 Lien Waivers (Contractor and Subcontractors) 1.3 Consent of Surety for Finai Payment ' 1.4 Contractor's Warranty ' „_,; 1.S Certificate of Compierion CLOSEQUT PROCEDURES Q1770-2 ' ' - - - � ... ':' 1 � l.b List of major subcontractors with contact name, address ae�d phone numbers. � �- i 2, Refer to Divisian 1, Section 0I300 far additional submittals and warraxities. � 3. Refer to each specification section for Close-Out and O& M information. - 4. Final payment wiii not be processed or reviewed by Arcfiitect untii all Claseout Doaurnents and Qpera.tions and Maintenance manuals are completed. �� .� B. The balance of the warranties, operations and maintenance material shatl be divided into manageabls sections and binders. See Section O I3�((J Subrnittat�. , i 2.3 OPERATI�IYS AND MAINTENANCE iVIANiIAL A. Submit three copies af each manual. I.abel and index each manual. Include project titie and date of ', : � submittal. _,t 1. Use heavy duty 3-ring binders to accommodate dats. Provide protective sleeves forlaase and odd sized manufacturer's information. ' �- - � I 2. Divide manuals into major eategories, Diyisian l— I6 per specifcation sectio�: � a. Tab I - Ganeral —Division 1. " b. Tab 2 - CiviUStrucwral a Tab 3-12 - Architectural ,��' d, Tab 15 - Mechanical �;,.�_, e. Tab 16 Electrical B_ Include all required �varranties and manufacturers data as required per each section af the specification. T 1' 1. Contractor shall review specification, log and track the necessary waeranties. �-� 2. Architect wiTl review submittallog with Owner for completeaess. 3. Include procedures t� follow and required notifications far warranty clairns. � � �.� C. Inc2ude copies of traasautta�s far required materials. D. Inclncte maintenance procedures for installed products. � 1. Inspecrion procedures. �' 2. Types of cleaning agents to be used and method af cleaning. ' � 3. List of cieaning agents,and methods of clesning detrimenral to product. �� 4. Pravide schedute for mutine c�earring aad marnteaance. ,,,_.,� 5. Repair instructions. ' ;'_�� ,�. "' END dF SECTI4N , a , ��:a i _; � �i:� 1 � 1� ,, 1 �� _� � � � � CLOSEOUT PROCEDURES 01770-3 �_i ' -- � DFVISION 2- SITE CONSTItUCTION SECTION Q2230 - SITE CLEARING ' � PART 1- GENERAL -, 1.1 SUMMARY i � - _ i A. This Sectian includes the following: 1, Protecting existing trees, shrubs, groundcovers plants and grass ta remain. 2. Rema�ing existing grass as noted on drawings. ' j 3. Removing abave- and'below-grade site improvements, �`{ 4. Temparary erosion and sedimentation control measures. � 1.2 DEFII�IITIONS ' ;: � »� A. Topsoil: Naturai or cultivated surface-soil layer containing organic matter and sand, silt, and clay particles; friable, pervious, and b3ack ar a rlarker shade of brown, gray, ar red than undertying sub- ' � soil; reasonably free of subsoil, clay lumps, gravel, and ottier objects more thsn 2 inches in diame- ter, and free of subsoil and weeds, roots, toxic materials, or oth�er nonsoit materials. ��, B. Tree Peotection Zone: Area surroundiag individuat trees or graups of trees to be protected during ' � canstruction, and defined by the drip line of indivicival trees or the perimeter drip line of groups of trees, unless otherwise indicated. ; � � 1.3 MATERiAL OWNER5HIP �"` A. Except for stripped topsoil or other materials indicated to remain Owner`s pcaperty, cleared mate- __� riais shall become Contractor`s property and shall be removed fivm Project site. � _�; 1.4 SUBMITTAI.S A. Kecord drawings, accarding to Division 1 Section "Project Record Documents," identifying and ' �� aecnrately locating capped urilities and ather sulasurface struciural, electcical, and mechanical con- ditions. I.5 QUALITY AS5UR:ANCE ' � �' A. Preinstattation Conference: Conduct conference at Projectsite ta eoordinate the work and confiim qualified workmen are aware of project requirements. ' .� 1.6 PROdECT CONDITIUNS A. Traffic: Minimize interfetence with adjaining roads, streets, walks, and other adjacent accupied or ' •� used facilities during site-clearing opera.tions. ;,_ i 1. Do not cluse or obstruct streets, walks, or okher adjacent occupied or used facilities witli- nut perm'sssion from Owner and authorities having jurisdiction. � (-� 2. Provide alternate routies around closed or obstructed haffic ways sfrequired by authocities � having jurisdiction. .�d B. Salvable improvements: Carefully remove items indicated to be salvaged and stare on Owner's , '�� premises where indicated. . �� C. Utility Locator Service: Natify and schedule utility locator service for area of the Pmject and identify all utilities before site clearing. ' �� D. Do not cammence site clearing operations untii temporary erosian and sedimentatian contrat measures are in place. ' , � PART 2 - PRQDUCTS '.:�1 2.1 SOFL NiATERLf1L5 ' I A. Satisfactory 5oi1 Materials: Requirements for satisfactory soil materials are specified in Divi- --� sion 2 Section °Earthwork." _., � � STTE CLEARING 42230 - 1 '� 1 ' 1. Obtain appraved barrow soil materials off-site when saiisfactory soil materials are not available on-site. Conform to type and material use requit�ements. a. Select structural fill or backfill. _ b. Togsoil fi1L PART3—EXECUTION � ' __. 3.1 PREPARATIUN '� A. Protect and maintain benchmarks and survey cantrot points from disturbance during construation. '-� B. Locate and clearly flag trees and vegetation to .remain or ta be relocated. �� C. Protect existing site improvements to remain fram damage during construction. ) 1. Restore damaged improvements to their origina] condition, as acceptable to Owner. �. 3.2 TEMPORARY EROSION AND SEDIMENTATION CONTROL 4 .F� A. Pravide temporary erosion and sedimentation aontro! measures to preveut soil eeasian and dis- charge of soil-bearing water innaff or airbo�ne dust to adjacent praperties and wallcways, in accor- dance with; Soil Erosion and 5ediment'Gontral Drawings, The Manual for Erosian and Sediment :� Conkrol in Georgia and Georgia NPDES Storm water Permit B. Inspect, repair, and maincain erosion and sedimentarion contrul measures during construction untii r� i permanent uegetation has been estabiished. ��'� C. Remove erosion and sedimentation cantrols and restore and stabilize areas disturbeci during re- moval. � �� ' 3.3 TREE PROTECTION A. Erect and maintain temporary fencing araund t�ee pratection zones before starting site clearing. � Remove fence whan construction is complete. _. � 1. Da not store constructian materials, debris, or excavated matecial within fenced area. 2. Do not permit vehicles, equipment, or foot traffic within fenced area. �-� 3. Maintain fenced area free of weeds`and trash. �--� B. Da not excavate within tree protection zones, unless atherwise indieated. '°"� C. Where excavation for new construction is requa�ed within tree protectian zones, hand clear and , excavate to minimize damage to root systetns. Use nairow-tine spading forkS, comb soil to expos� roots, and cleanly cut roots as close to excavation as possible. � I. Cover exposed roots with burlap and water regularly. � 2. Temporarily support and protect roots frorn damage until they are permanently redirected .J and covered with soit. 3, Coat cut faces of roots moce than I-�/2 inches in diameier with an emulsified asphalt or ' -- a other appmved caating farmulated for use on damaged plant tissues. � 4, Backfill with soil as soon as possible. ' D. Repair or replace trees an8 vegetatic�n ittdicated to cemain that are damaged by consin�ctian apera- � tions, in a manner agproved by Architec� . `_� 1. Employ an arbonst, licensed in Junsdiction where Froject is located, to submit details of proposed repairs and to repair damage to trees and shrubs. � 2. Replace trees that cannot be repaired and restnred to full-growth status, as determined by i Atchitect. � 3A UTILITIES ; A. Existing Utilities: Do not iatemzpt utilities serving facilities occupied by Owner or others unless ---! permitted under the following conditions and then only after arranging to provide temporary utility services accord'u►g to requirements indicated: 1. Notify Architect not Iess than tw� days in advance of progosed utiIity interruptions. 2. Do not proceec! with utility interruprions without Architect's written permission. � � ! �TTE CLEARING Q223� - 2 -�-, , i �� 3:5 SITE IMPROVEMENTS l A. Remove existing above and below-grade improvements as indicated and as necessary to facilitate , j new c�astructian. `-� 3.6 DISPOSAL ' `` I A. Disposat: Remove surptus soil materiat, unswitable topsoit, obstructions, demolished matecix}s, and waste materials including trash and debris, and legaily dispose of them off Owner's property. , ,- � END OF SECTIaN � � �� , ;_:� , 1 � !::'� 1 �_� ' .�� ' — :m� I --� ' ._...! , �,.:� I ' � mm� , J I --, , _..I � � � _.._' ' _�.J ., 1 ; _,, 1 � --� SITE CLE ARING 0223Q - 3 � �� ' DIVISION 2 — SITE CONSTRUCTION SECTION 02340 — EARTHWORK �_F.� PART 1— GENERAI. � 1.1 RELATED DUCUMENTS � j � A. Drawings and general provisions of the Contract, including General and Supplementary Condi- tioas and Division 1 Specification �ections, appiy to this Section. �,� 1.2 SUMMARY A. This Section iacludes the following: t� l. Preparing subgrades for slabs-on-grade walks pavements lawns and grasses. ' 2. Excavating and backfii(ing for buitdings and structures. � 3. Drainage course for slabs�n-grade. ,� 4. Subbase causse far concrete pavements. 5. Subhase and base course far as�halt paving. 6. Subsurface drainage backfill for walls and trencbes. 7. Excavating and backfilling far utility trenches. ' 8. Excavating and backfilling trenches for buried mechanical and electrical utilities and pits I ` for buried utility structares. " 2.3 DEFINITIONS ' :� . . . . A. Backfili: 5ot1 matenal or controlIed Iow-strength raatet'tal used to fill an excavat�vn. 1. Initia] Backfill: Backfiti placed beside and aver pipe in a trench, including haunches W ' . SuPPort'sides afpipe. � J 2. Finai Backfill: Backfill placed over i[utial backfill to fitl a trench. - B. $ase Course: Caurse glaced between the subbase course and hot-mix asphaIt paving. �! � _ i"` G. Bedding Course: Course placed over the excavated subgrade in a tsench before laying pipe. ' I N Y� D. Borrow Soil: Satisfactory soil unported froTn off-site for use as fi11 or bae�il. i E. Drainage Course: Gourse supporting the siab-oa-grade that atsa minimizes upward capillary t]aw , of pore water. '� F. Excavation: I�emaval of material encountered above subgrade elevations and to lines and dimen- sions indicated. � �:. � L Authorized Additional Excavation: Excavation be(ow subgrade elevat[ons or beyond in- � dicated: iines and dimensions as directed by Architect. Authorized additionai excavation and repkacement material will be paid for according to Carnract pravisions for cltanges in ' � the Work. , 2, Unauthorized Excavation: Excavatian below subecade elevatians or beyond indicated lines and dimensions without directian by Acchitect. Unauti�orized excavation, as well as I,_., remedial work directed by Architect, shall be without additional compensatian. ' i G. Fell: Saei materials used to raise existing grades. ' I yy�� H. Subbase Course: Course placed between the subgrade and k�ase course for hat-mix asphalt pave- , j ment, ar eaurse placed between the subgrade and a cement cancrefe pa�ement or a cement can- 1 crete or hot-mix asphatt walk. �, I. Subgrade: SurFace or elevation remaining after campleting excavation, or top surface of a fill or bacl�ill immediately below subbase, drainage fill, or topsoil materials. .�_� �' J. Utilities: On-site underground and overhead pipes, conduits, ducts, and cables, as well as services ' to buildings. ; � � EARTHWORK 423Q0 - 1 �.� i 1.4 SUBMTTTALS �� A. Material Test Regorts: From a qualified testing agency indicating and intecpceting test results far � compliance of the fallowing wittt requirements indicated: !. Classification according tA ASTM D 2487 of each oa-site and borrow soii material pra posed for fill and backfill. � � 2. Labocatory compaction curve according to ASTM D l557 far each on-site and borrow -' soil material proposed far fill and backfill. . � 1.� QUALITY ASSURANCE ' �I i A. Geotechnical Testing Agency Qualifications: An independent testing agency qualifieci accarding -�-� to ASTM E 329 to conduct soil materials and rock-definitian testing, as documented according ro � ASTM D 3740 and ASTM E 548. l.�:l � 1.6 PROJECT CONDITIONS �� A. Existing Utilities: Do not intem�pt utilities serving facilities occupied by Owner or others unless ' � permitted in writing by Architect and then anly after azranging to provide temporary utility servic- ,_,..� es aceording to requirements indicated. '_ l 1. Natify Architect not less than two days in advance af proposed ut�lity intemiptions. -._:. 2. Do not proceed with utiIity interruptions without Architect's written pernussian. 3. Gontact utility-locatar service for area where Project is {ocated befare excavating. I Y� ' B. Demolish and completely remove from site existing undergroand utiiities indicated ta be removed. Coordinate with utitity companies to shut aff services if lines are active. ��w ; � PART 2 — PRUDUCTS , � 2.1 SOIL M�TERIALS ��p- i �"� A. Generat: Provide borrow soil materials when sufficient satisfactory soil materials are nat available from excavatians. �.. B. Satisfactory Sails: ASTM D 2487 Soil Classification Groups GW, GP, GM, SW, SP, and SM, or ' ,� a carnbination of these groups; free of rock ar gravei larger than 2 inches in any dimension, de6ris, waste, frazen materials, vegetation, and other deleterious matter. C. Unsatisfactvry Soils: 5oi1 Classificarion Groups GC, SC, CL, ML, oL, CH, NIH, dH, and PT ac- , �-� cording ta ASTM D 2487, or a eombinaunn of these ��oups. � ; 1. Unsatisfactory soils also include satisfacfary soils not maintaiped within 2 percent af op- rimum moisture content at time of compaction. � � D. Subbase Material: Naturslly or artificially graded mixture of natural or crushed gravet, crushed stone, and natural ar crushed sand; ASTM D 294Q; wrth at least 94 percent pasSing a 1-l/2-inch � ,�� sieve and not more than 12 percent passing a No. 200 sieve. I � E. Base Gourse: Naturally or artrficialIy graded mixture of natural or crushed gravel, crushed stone, � and natural or ccvshed sand; ASTM D 2940; with at least 95 percent passing a i-1/2-inch sieve , ,'� and not mare than 8 percent passing a No. 200 sieve. F. Engineered Fill: Naturally or artificially graded mixture of aaturat or crushed gravel, crushed � � stone, and natural or crushed sand; ASTM D 2940; with at least 90 pereent passing a 1-1/2-inch �,! sieve and not more than 12 percent passing a No. 200 sieve. G. Bedding Coiuse: Naturally or artificially graded mixture of natusal or crushed gravel, crushed ' stone, and natural or crushed sand; ASTM D 2940; except with 100 percent passing a 1-inch sieve i-- % and not more than 8 percent passing a No. 200 sieve. ,. , � ,� EARTHWORK 02300 - 2 ' . . .. �; i H. Drainage Course: Narrowly graded mixture of washed crushed stone, ar cn�shed or uncrushed � gravel; ASTM D 448; coats�aggregate grading 5ize 57,• with 100 percent passing a 1-1/2-inch sieve and b to 5 percenrpsssing a No. 8 sieve. ,_, � I. Filter Material: Narrowly graded mixhcre af natuxal or crushed gravel, or crushed stone and natu- , ral sand; ASTM D 448; coarse-aggrcgate grading Size 67; with 1d0 percent passing a 1-inch sieve ;� ' I and 0 to S per�ent passing a No. 4 sieve. � J. Sand: ASTM C 33; fcne aggregate, natural, or manufactured sand. _aj K. Impenrious Fill: Clayey gravei and sand mixture capable of compacting to a dense state. � j PART 3 — EXECUTIUN � 3.1 PREPARATIQl�i A. Proteet strucriu�es, utilities, sidewalics, pavements, and other facitities frorn damage eacised by set- ;. :,. tleznent, lateral movement, undermining, washout, and other hazards created by earthwork opera- tions. �.,_ $. Preparation of subgrade far earthwork operetions inciuding removal of vegetation, topstsil, debris, I obstructions, ancl deieterious materials from ground surface. �; C. Pratect and maintain erosion and sedimentation eontrals during earthwork operations. !.� � ' 3.2 DEWATERING ` � A. Prevent surface water and ground watcr from entering excavations, from popdang an prepared `--� subecades, and from floodiag Project site and suirounding area. � °�� B. Protect subgrades from softening, undermining, washout, and damage by rain ar water accumula- fion. � 1. Reroute surface waterrunoff away from excavatec] areas. Do not allow water to accumu- '_.� late in excavations. Do nof use exeavated trenches as temporary drainsge ditches. __.., 3.3 EXPLOSIVES ` i A. Explasives: Do nai use explosives. ') 3.4 EXCAVATION, GENERAL �_ ':� A. Classified Excayation: Excavate to subgrade elevations, Materi;al to be excavateci will be classe- � fied as earth; ' �� I 1. Earth excavatian includes excavatiag pavements and obstructions visible on surface; un- ;-� � derground structures, utilit�es, and other items indicated fo be removet}; together with ; sail, boulders, and other rnaterials nof classified as rock. ; 3.5 E�CCAVATION � _i �, A. Excavate to indicated elevations and dimensions within a tolerance of plus or rniaus 1 inch. Tf ap- ' ;�� plicabie, eactend excavatians a sufficient distance for pIacing and removing concrete farrnwork, for i � instaliing services, ather construction, and for inspections. I ; � 1. Excavations for Fookings and Foundations: Do not disturb bottom of excavation. Exca- �� vate by hand to fitnal grade just befare p[aeing concrete reinforcement. Trim bottoms to required lines and grades to leave solidbase to receive other work. ' i '' 3.6 EXCAVATIQN FOR WALKS AND PAVEMENTS f :_i � i A. Excavate surfaces under walks and pavements to indicated lines, cross sections, eleuations, and i subgrades. , i BARTHWORK 02300 - 3 ..i ' � 3.7 SUBGRADE INSPECTION ., A. Not�fy Ar�h�tect when e�ccavat�ons have reached reqmred subgrade. � --� B. If Architect determines that unsatisfacwry sait is present, continue excavation and replace with ' � compacted backfill or fill material as directed. C. Proof-roll subgrade below the building slabs and pavements with heavy pneumatio-ured equep- �-� ment to identify soft pockets and areas of excess yielding. Do not proaf-roll wet or saturated sub- ' grades. 1. Completely proof-roll subgrade in one directian, repeating proof-rolling in direction per- pendicular to first du�ection. Limit vehicle spead to 3 mph, ' , 2. Proof-roll with a loaded lU-wheel; tandem-axle dump truck weighing not les$ f.han 15 tons- 3. Excavate sof� spota, unsatisfactory soils, and areas of excessive putnpyng or rutti�g, as de- �� temuned by Architect, and replace with eompaeted backfill or fill as directed. , �w.J D. Authorized additionat exc�vation and replacement material will be paid for accarding to Cvntract I.� provisions for changes in the Wark. ' _�1 E. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumuiated watec, or con- structian activities, ss directed by Architect, without additional cornpensation. , � 3.8 UNAUTHORIZED EXCAVATION � ' A. Filt unauthorized excavat�on under foundadons or wall footings by extendiag bottnm eievation of i µ� concrete foundation er footing to excauation bottom, withaut altering tap eleuation. Lean concrete ' fill, with 28-day compressive strength of25Q0 psi, may be used when approved by Architect. 1. Fill unaut�►ocized excavations ander ottter construcfion vr utility pipe as directed by Aro- � � hitect. t 3.9 STORAGE OF SUIL MATERCALS �?) A. Stockpile boctow soil materials and excavated satisfactnry sail materiats without intecmixing. ' :�� 'lace, grade, and shape stcsckpiles to drain surface water. Cover to prevent windblown dust. 1. 5tockpile soil materials away from edge of excavations. Do not store within drip Iine af remaining trees. ' ,� 3.14 BACKFTLL `f7 A. Place and compact backfill in excauations promptl�+, but not befare compteting the following; ' , y' 1. �urveying locations of underground utilities for Record Documents_ 2. Removing concrete farmw�rk. 3. Removia�g trzsh and debris. , I _.�! B. Place backf�ll on subgrades free of mud, frost, snow, �r ice. � � - 3.11 ilTILITY TRENCH B�CKFILL ' ""� A. Piace backfill on subgrades free of mud, &ost, snow, ar ice. i B. Place and compact bedding course on trench bottoms and where indicated. Shape bedding course ' � to provide continuous support for joints, fittings and ha.rc'els of pipes. - - 3.12 SOII. FILL ' �Ti -°' A. Place and compact fill material in layers to required elevations as follows: 1. t7nder grass and planted areas, use satisfactory sail materia9. ; 2. Under walks and pavements, use satisfactory soil material. , a :..1 EARTHWORK 02300 - 4 ' ' :.;I ■ ? , S. Place soil fiil on subgra�es free of mud, frost, snow, or ice. � 3,13 SOIL MOISTiJRE CUNTROL __� A. Unifocnily moisten or aerate subgrade and each subsequetrt fitl or bacicfilt soil layer before cvm- �� paction to within 2 peroent uf optimum moisture canterct� I. Do not piace backfilt or fil! soi2 material on suzfaces that aze muddy, frozen, or contain � -�' � frvst or ice. � 2. Remove and replace, or scarify and air dry otherwise satisfactory soil matcrial that ex- !�� ceeds optimum moisture cantent hy 2 percent,and is too wet to compact to specificd dry �:l unit weight � 3.14 COMPACTIUN OF SUIL BACKFII,LS AND FILLS "�� A. Place backfill and fitl soil materials in layers not mare t6an 8 inches in loose depth for materia! compacted by heavy compaction equipment, and not more than 4 inches in loose depth far �►ateri- � al compacted by hand-�operated tampers. � ....� B. Place backfill and fill svil materials evenly on all sides of sttuctures to required ele�atians, and un- '�-� i#'ormiy along the full length of each structure. �-� C. Cornpact soil materials to not less than the following pe�entages of maximum dry unit weight ac- ' , cording to ASTIvt D I5573 � i. Under walkways, scarify and- recornpact top 6 inches below subgrade and compact each layer of bac�l] or fill soil material at 92 percent. + 2. Under lawn or unpaved areas, scarify and recompact top b inches below subgrade and , I.. compact each layer of backfill or fill soil material at 90 percent, -� 3. For e�tility trenches, compact each layer of initial and final backfill soil material at 90 per- cent ' `°1 3.15 GRADTNG r`'� A. General: Uniformly grade areas to a smo�sth surface, free of irregular surface changes. Comply � with compaction requirernents and grade to crass sectioFrs, lines, and elevatiQns indicated. ,� 1. Provide a smooth transition between adjacent existing grsdes and new �rades. _.; 2. Gnt out soft spots, fill ]ow spots, and trim high spots to camply with rec�uired surface to- ' i lerances. M� B. Site Grading: Slape grades to direct water away from buildings and to preverrt ponding. Finish sulagrades to reyuired eIevations within the following tolerances; 1. Lawn or Unpaved Areas: Plus ar minus 1 inch. � 2. Walks: Plus or minus 1/2 inch. � 3. Pavements: Plas or minus 1/2 inch. ' .� 3.16 SUBBASE AND BASE CUURSES l - j A. Place snbbase and base course an subgrades free of rnud, frost, snow, or ice. ,! i B. On prepared subgrade, pface subbase and base course under pavements and walks as foltows: �, 2. Instalt separation geotextile oa prepared sabgrade accarding to martufactarers written an- vr stcvctions, overiapping sides and ends. ' 2. Place base course material over subbase course under hot-mix asphalt pavement ` 3. Shape subbase and base course to required emwn elevations and ctoss-siope grades. _ 4. Place subbase and base course 6 inches or less in compacted thickness in a single layer. , i� 5. Place subbase and base course that exceeds 6 inches in compacted thickness in Iayers of equal thickness, with no compacted layer more than 6 inches thick or less than 3 inches _ � thick. ' 6. CompacY suhbase and 6ase course at optimum moisture content to required grades, lines, cross sections, and thickness to not less than 95 percent of maximum dry unit weight ac- cording to ASTM D 1557. ' __, j EARTHWdRK fl230� - 5 ':� ' C. Pavement Shouiders: Place shoulders along edges of subbase and base caurse to prevent latetal � mouernent. Consttuct shouldecs, at least 12 inches wide, of satisfactory soil materials and c�m- ' pact simultaneously with each subbase and base iayer to not (ess than 95 pe�ent of maximum dry -�� unit weight according to ASTM D 1$57. ' 3.17 DRAINAGE COURSE ' "' A. Flace drainage course on subgrades free of mud„ &ost, snow, or ice. B. On prepamd subgrade, place and compact drainage course under cast-in-place concrete slabs-on- , '_� grade as follows: 1. Place drainage course 6 inches or less in compacted'thickness in a single layer, `� 2. Place drainage course that exeeeds b inches itt compacted thickness in layers af equai ' thiekness, with no compacted layer more than 6 inches thiek or [ess than 3 inches thick. 3. Campaet each [ayer of drainage course to required cross seetians snd thicknesses to not less than 95 percent of maximum dry unit weight accarding to ASTM D 698: ' � . j 3.18 FIELD QUALITY CUNTROL 1 A. Testing Agency: Contractar 5ha11 engage and pay a quaiified indeper►dent geotechnical engic►e,er- ' µ 1 ing testing agency to perForm fieid quaIity-controt testing. 1 ' B. Allaw testing agency to inspect and' test subgrades and each filt or backfill layer. Proceed with subsequent earthwork anly after test results for previously completed wock camply with raquire- ' ; � ments. — � C. Testing agency wi11 test compactian of soils in place according to ASTM D 1556, ASTM D 2167, ' `� ASTM D 2422, and ASTM D Z937, as appiicable. Tests. will'be performed at tt►e following loca- tions aad frequencies; i. Paved and Building 5lab Areas: At subgrade and at each compacted fill aad backfill ' layer, at least l test for every 2000 sq. ft, or less of paved area or building slab, but in no �}� case fewer than 3 tests. 2. Trench Bacicfill: At each compacted initia! and' final backfill layer, at least 1 test for each j,., 2 S0 feet or tess af trench length, but no fewer than 2 tests. ' �_;j D. When testing agency ceports ihat subgrades, fills, or backfills have not achiEVed degree of com- paction specified, scarify and moisten or aerate, or remoue and replace soit to depth requiced; re- '— compact and retest unti( specified compaciian is abtained. -. � 3.19 PROTEaCTiON � , � '� A. Protecting Graded Areas: Protect aewty graded areas from traf�c, freezing, and erosion. Keep .� free of trash and debris. +�- B. Repair and reestablish grades to specified tolerances where completed or partiaily completed sur- faces become eroded, rutted, setiled, or �vhere they lose compaction due to subsequent constrttc- ' � tion apecations or weather conditions. � 1. Scari:fy or remove attti replsce soil material to depth as direc2ed by Arcbitect; resha�pe and x j recompact� , — "� G. Where sett)ing occurs before Project correcrion period elapses, remove finished surfacing, backfill with addidonal soil material; compact, and reconstruct surfacing. ' � L Restore appeacance, quality, and condition of finished surfacing to maich adjacent work, and etiminate evidence of restoration to greatest eactent possible. 3,Z4 DISPt7SAL OF SIJRPLU5 AND WASTE MATERIALS ' � :' A. Disposal: Remove surplus satisfactory sail and waste material, including unsatisfactory soil, trash, and debris, and legaliy dispose ofit aff Owner's praperty in lega! landfill. ' 'i ; EARTHWORK Q23� - 6 ' � ,� � � B. Disposal: Trarssport surp�e�s sa.tisfactory soil tu designated starage areas on Owne�'s propeity. ' � Stockpile or sgread sail as directed by Architect. �` I 1. Remave waste material, including unsatisfactary soil, trash, and debris, and legally dis- ---3 pose of it off Owner's properry, G Rest�re pavements & g�assed areas to existing condition or as nated on dzawings fornew work. '� i ry END OF SECTIOPd �_: LL� � ' �� :�: l ''..�.� :w� ' a ; .� ,4� �� T � '.' .� ' ,' ,.. :.� � 1 ` ; _,_� ' _..� r,� ' ��I ".,..:J ' +`- � _. . � ' "._ ., �.� � .� i � i ' dJ ' ..j i '� ' -'.. � . ' . . i , _' EARTHWORK a2300 - 7 ; � - -.. .. � ' , DIVISION 2 - SITE CONSTRUCTION ,�..� SEC'I7UN OZ741 - HOT-MIX ASPHALT PAVING - TENNIS CdURT ' � -. , PART 1- G�NERAL � 1.1 RELATED DOCUMENTS ' "' A. Drawings and general pravisions of the Contract, inciuding General and Supplementazy Candi- tions and Division 1 Specification Sections, apply to this Secrion , _:.l l.Z SUMMARY A. This Section includes the following: ,- � 1. Hot-miac asphalt patching. 2. Hot-mix asphalt paving overlay. 3. Asphalt surface fceatments. ' �� 4. P�uement-marking paint. . 13 REFERENCES ' � A. Hot-Niix Asphalt Paving Terminology: Refer to ASTM D 8 for definitions of terms. � B. GADQT: Department offi'ransportation. ' �� C. American Sports Builders Association (ASBA). _ � D. United States Tennis Rssociation (USTA) Rutes of Tennis ,-� ' ,� 1.4 5UBiVIITTALS A. Product Data: For each type of pmduct indicated. Include technical data and tested physical and , ' � perfom�ance properties. w B. Job-Mix Designs: Certification, by authoriues having jurisdiction, af approval of each job mix ' , �� proposed for the Wark. 1.5 QUALITY ABSURANCE ' `� A. Manufacturer Qualifications: A qualified manufacturer. 1. Manufacturer shall be a paving-mix manufacturer registered with and approved by au- thorities having jurisdiction or the DOT of the state in which Project is located. ' �� $, Testing Agency Qualificatians: Qualified according to ASTM D 366b for testing indicated, as do- cumented according to ASTM E 54'8. ' I � . � 1.6 I?ELIYERY, STORAGE, AND $ANDI.ING � A. Deliver pavement-marking materials to Project site in original packages with seals unbroken and ' ."' j bearing manufactuxer's labels containing brand name and type of material, date of manufacture, ' � and directians for storage. , - ± B. Store pavement-marking materiais in a clean, dry, protected location within tempetature range re- ' .� quired by manufacturer. Protect stnred materials from direct sunlight. :.� 1.? PROJECT CONDITIONS ' ' � A. Environmental LimitaEions: Do not apgly asphalt materiajs if Subgrade is wet or excessively � �amp or if the following conditions are not met: l. Asphalt Surface Overlay Course: Minimum surface temperature of 60 deg F at time of ' i placement. ; , � � HaT-MIX ASFHALT PAVING 02741 - 1 i , B. Pavement-Marking Paint: Proceed wit}� pavement marking only on ctean, dry surfaces and at a � -� minimum ambient or surface temperature of 40 deg F for oil-based materials, SO deg F far water- ; based materials, and not exceeding g5 deg F. � PAAT2—PRUDUCTS t � Z.1 AGGREGATES A. General: Use materials and gradations that have performed satisf�actorily in previous installations. -� B. Fine Aggregate; AASHTO M 29, sharp-edged nat�u�al sand or salad prepared froni stone, gravel, pcoperTycured biast-furnace slag, or combinations theceof. t`�` 1. For hot-mix asphalt, limit naturai sand to a mar.imum of 20 perceat by weight of ihe tatal �� c aggregate mass. � C. Mineral Filler: AASHTO M 17, rock or slag dust, hydraulic cement, or other inert material. � :i 2.2 ASPHALT MATERIAI.S J �� A. Asphalt Binder. AASHTO MP 3, PG 64-22. B. Asphalt Cement: ASTM D 946 for penetration-graded material. ,�� C. Prime Coat: Asphalt emulsian prime complying with Geargia DOT requirements. �:.. � D, Water: Pot�able, ' x 2.3 AUXII,IARY MATERIALS '_:>:.� ' � A. Herbicide: Gomrnercial chemicai for weed control, register�d iry the EPA. Provide in granular, � Iiquid, or wetable powder fornn. '`::� ,^ B. Sand: AASHTO IvI 29, Grade Nos. 2 or 3. tM � G. Surface Treatment: Liquid App[ied Acry[ic Surface System complying with Arnerican Sports Builders Association (ASBA). Sesler shall be Acrytech with W-r5 by Sport Surfaces Intema- donai, Inc. or apprQVec� equal. '"` j 1, Color: verified by Ownes/Architect "`� D. Pavement-Marking Paint: Latex or acrylic line paint complying with American Sports B�[ilders �_,_ Association (ASBA). Line paint shall be Acrytech by Sport Surfaces Tnternational, Inc. or ap- � proved equal. _�1 1. Color: White ' - 2.4 MIXES � � -°' A. Hot-Mix Asphait: Dense, hot-laid, hot-mix asphatt plant mixes eomplying with the following re- quirements: ,� 1, PrQUide mixes with a history of satisfactory perforcnance in geographical area where � � Project is located. 2. Surface Course: ' �,- � a. A sucface course of a hat plant mrx having a maximum aggregate size of 3/$" �� and a minimum aggregate size of 1/4" should be constructed over the hot mix in- ---f termediate course to a compacted Ehickness of not less than 1".* ' Suggested Mix Design: ' Screen % Passing _�i 112 100%a ' 3/8 9d-140 ! #4 55-85 i #8 32-67 _` #50 7-23 ' HOT-MiX ASPIIALT PAVIi�tG 02741 - 2 'a"R � ' �.�...( . Tf2�lV Z��Q *The proper type asphalt used for the surface course wi[1 vary from state to state ' 1 if using the standard narm of the Department af Transportation (DOT) or State �_ � Highway Department standards. Local' soil and cIimauc conditions also rnay im- pact the type of aspha(t used: -, b. Thickness: Nat iess tharc I": '- :� c. Liquid Asphalt Bitumen: Minimum 5.5% bywaight � d. Aggregate Type: Crushed stone, gravel, shale, limestone, etc. Foreign materials, i.e., pyrite, clay, ferrous compounds, dut and organic material are not accepta- ' � � ble. e. Cure Time: Follow coaring manufact�u�r`s cecommendations (minimum 14 days, depenc�isg.:on the time of years, and rainfall). -�--, f. Voids Content: Minunum as specified by the Departrnent of Transportatian or � , j State Highways Department, but in no case shauld void content exceed 7%0. g, The finished surface of the court shall nat vary more ttran ia" in 10' measured in � � any direclfaII. ...� Pavement Sealer. Manufactuter's standard mix design for tennis courts. '- PART 3 — EXECUTION ' - � =� 3.1 EXAIVIINATIUN A. �Ierify that subgrade is dry and in suitable cnndition to support paving and imposed loads. ' �°� B. Treat weeds with hecbicide ta and seal cracks. , pe C. Proceed with paving only after unsatisfactory �conditions have been corrected. ' _� 33 PATCHING �' A. Hot-Mix Asphalt Pavemen� Saw cut perimeter of patch and excavate existing pavement sec�ion , +�,:� � � to sound base. Bxca�ate rectangular or trapewidal patches, extending I.2 inches inta adjacent _ sound pa�ement, unless otherwise indicated. Cut excavation faces vertically, �temove excavated ' r �� material. Recompact existing unbound-aggregate base course to form new subgrade. _� � B. Tack Coat: AppIy unifQrmiy to vertical st►rfaces abutting or projecting into aew, hat-raix asphatt ' paving at a rate of O.QS to Q. 2 5 gal./sq. yd.. ' E� 1. Al1ow tack coat ta cure undisturbed befare applying hot-muc asphalt paving, 2. Avvid smearing or staining adjaining surfaces, appurtena.nces, and surroundings. Re- mo�e spillages and: clean affected surfaces. � C. Patchin : FilI excavated avements with hot-miac es hatt base mix and, while still hat, carn act '- ,� g P P F flush with adjacent surface. 33 REPA7R5 ' ;� A. Leveling Course; Install and campact leveiing course cansisting of hat-mix asphalt surEace course f to Ievel sags and fiii depressions deeper than l inch in existing pavements. ' 1 � - B. Crack and Joint Filiing: Remove exisfing plant material from ctacks or joints w a depth of'IZ inch. ' f 1 1, Clean cracks and joints in existing hot-mix asphalt pavement. �� 2 Use emutsified-asphalt slurry to seal aracks and joints less than 1/4 inch wide. Fill flush with surface af existing pavement and remave excess. -, 3. Use hot-applied joint sealant to seal cracks and joints more than 1/4 inch wide. Fill flush ' ;,� with surface of existingpavement and remove excess. � ' 1 HOT-IvIA ASPHALT PAVII�lG 02741 - 3 , '�� ( � 3A SURFACE PREPARATION ��` A. General: Immediately before ptac'tng asphalt materials remove ]oose and deleterious material , from substrate surfaces. Ensure that prepared subgrade is ready to recaive gaving. 1. Sweep laose granular particles from surface of nnbaund-aggregate base couzse. Do nat �— disiodge ar disturb aggregate embedded in compacted surface of base course. i B. Herbicide Treatment: Apply kerbicide according t� manufacture�s recommeuded rates and writ ten app�ication instructions. Apply to dry, prepared subgrade or surface of compacted aggregate �� base before applying paving materiats. 1. Mix herbicide with prime coat if formulated by manufacturer fcrr tt�at purpose. '--' C. Tack Coat: Apply uniformly to surfaces ofexisting pavement at a rate of 0:05 to 0;15 galJsq. yd.. 1. A11ow tack coat to cure undisturbed before applying hot-mix asphaltpaving. _--� 2. Avoid smearing or staining adjoining sw-£aces, appurtenances, and surroundings. Re- move spillages and ctean affected surfaces: '~ D. Pavement Sealer: P ar� surface in accordance with manu€actucer's recommendation and as in- � �P _ dicated. '�� 3.5 HOT-1VIIX ASPHALT �LACING . :� 1- � A. Machine ptace hot-aiix aspY►e�t on �repared surface, spread uniformly, and strike off. Place as- � phalt znix by hand to areas inaccessible to equipment in a manner that prevents segregauon of mix. � Place each course to required grade, cross section, and thickness when compacted. 1, Place hot mix asphalt surface course in single tift with positive drainage slapelcrown. '� � 2, Spread mix at minimum temperature af 250 deg F. �` V � 3, Begin applying mix along centerline af crown for crawned sections and oa high side of _ ;;_ one-way stopes, unless otherwise indicated. 4. Regvlate paver machine speed to obtain smavth, continuous surfa�e free af puils and ' - teats. � B. Place paving in consecu�ive strips not less ihan 10 feet wide unless infill edge strips af a lesser width are required. ,,�� 1. After first strip bas been placeti and roiled place succeeding strips and extend roI[ing to rv � overlap previous striQs. C. Fromptly correct surf�ce irregularities in paving course behind paver. Use statable hand tools to cemove excess material forming tugh spots. Fill depressions witlz hot-mix asphalt to pre�ent se- ��..-� gregation of mix; use suita.ble hand to�ls tc� smooth surface. ' ,� 3.6 JOINTS C ..4:..1 " A. Constcuct joints to ensure a continuous bond between adjoining paving sections. Consiruct joints ' free af depressions urith same texture and smoothness as other secfions of h�t-mix asphalt course. d � 1. Clean- conract surfaces and apply tack coat to j oints. __1 2. Compact }oints as soon as hot-znix asphalt wil] bear roller weight without exaessive dis- , ptacemeat. � 3. Compact asphalt at joints to a density within 2 perc�nt of specified coutse density. 3.1 COMPACTION , i A. General: Begin compacrion as saan as placed hot-mix paving will bear roller weight without ex- ,� cessive displacement. Compact hot-mix paving witb hat, hand tampecs or vibratory-plate compac- , tors in areas inaccessi'ble to rollers. -, 1. Complete compaction befare mix temperature cools to 185 deg F. �-=� B. Breakdown Rolling: Complete breakdown or initiat roiiing immediately after rollir� joints and ' outside edge. Examine surface immediately after breakdown rolling for indieated crown, grade, ; and smoothness. Correct laydown and rotling operations to comply with raquirements. ' HOT-NIIX ASPHALT PAVING 02741 - 4 I .� ' i ., �� C Intermediate Rolling: $egin intermediate rolling immediately after breakdawn rolling while hot- mix asphalt is still hot enough to achieve specified density. Continue ralfing until hot-mix aspha(t ' 4 n � course has been uniformly compacted to the following density: 1. Average Density: 96 percent of reference tabontary density according to AASKTO T 245, but nat tessthan 94 percent nor greater than 100 percent. ' 2, Average Density: 92 percent of reference maximum theoretical density according to ' `` ASTM D 2Q41, but not less than 90 percent nor greater than 96 percent. --•,( D. Finish Rolling: Finish roll paved surfaces to remove miler msrks wbile hot-mux asphatt is stii2 ' � warm. ! ;:�) E. Edge Shaging; While surface is being compacted and finished, trim edges of pavement to gmper "°� alignment. Bevel e+dges while asphalt is stilt hot; compact thoroughly, ' . F Repairs: Remove paved areas that ace d�fective or contaminated with foreign materials and re- place with fresE►, hot-mix asphai� Compact by rolTing to specif'ied density and surface smooth- ' � ness. G. Protection: After finai ralling, do not pentnit vehi�ular traffic on pavement until it has coaled and .d; hardened. ' - H. Erect bazricades to protect paving fram traffic until mixture has cooled enaugh not to become marked. , _,� 3.8 IN5TALLATION TOLERANCES A. 1'fuckness: Compact each cvvrse to pmdnce the ihickness indicate�3 within the following toler- ' . .� ances: 1, Surfaca Course: P}us lJ4 inch, no minus. '�":� B. Surface Smvothness: Compact each coatse to peoduce a surface smoathness within the following ' F � tolerances as determined by using a 10-foot straightedge appIied traasveisely or tongitudinally to paved areas: 1. Surface Course: 1/4 inch. ' --% 3.9 BURF?iCE TKEATMEI�ITS A. Liquid Applied Acrylic Sutface System: Apply in accordance with Manufacturer's recommenda- , '� tions and as indicated below. Acryteeh with UV-15 Calarguard {basis of design} or approtred equal: 1. Surface Preparation ' � a, Thoroughly inspect the pavement far minar cracks and other imperfections. Cracks appraxirnately 1/4"-3/4" inch wide should tse cleac�ed �f debris and fi13ec3 ,� � with a Manufacturer's apprvued crack sealant. b. Remove oil and grease spots by scrubbing with a detergerit and flushing with '_ � water untii a water-break-free surface is obtained. Oi( and grease spots with '~� deeper penetration shall be treated by burning with hand held propane torch, and then coating the spot with an appraved oil. spat primer such as Tar-Prime. ' '"� c. Immediately before application of seaier, clean the surFace of all loose dust, dirt, µ� leaves, at�d any other foreign: materia}s by sweeging or flushing wiih water. 2. Applicatioa: Apply in accordance with Manufactures inshuctions and as follows: a. Mix design and application rates shall be in accordance with Manufacturer. ' <� 3.14 _ PAVEM-ENT MAIt�I�ING-P�+iSNT _ _ _ _ _ _ �`- A. Acrytech Line Paint (basis of design) or approved equal. ' ; ��"} B. Do not apply pavement-marking paint until layout, colors, and placement have b�n verified with . Architect. ' ; ., B. Aliow paving to age per manufacturer before starting pavement marking. ' HOT-MIX ASPHALT PAVING QZ741 - 5 � � ,_ � C. Sweep and clean surface to eliminate Soose material and dust. J i D, Apply paint with mechanical equipment to produce pavement markings, of dirnensi�ns indicated, with uniform, straight edges. Appiy at manufacttu�er's recolnmenc�ed rates to provide a minimum � wet fiIm thickness and required number af coats. � 3.11 FIELD QUALITY CONTROL � F A. Testing Agency: Contraetor shall engage a qualified indeper�dent testing and inspecting agency to LL , : _ � perform field tests and inspections and to prepare test ceports. 1. Testing agency wi11 conduet and interpret tests anci state in each report whether tested Work complies with or deviates from specified requirements. � Z, Con#ractar shall pay ali costs. B. Additianal testing and inspecting, at Contractor's expense, wil!- be perforrned to determine cam- pliance of regtaced or additional work with specified requirements. .w:t C. Thickness: In-p)ace compacted thickness of hot-mix asphalt courses will be determined accarding W ASTM D 3549. �� ---� D, Surface Smoathness: Finished surface af each hat-mix asphatt ¢otuse will be tested for corn- � � pliance with smoothness toleranees. � E. In-Place Densit : Testing a ene will take sam les of uncom acted avin mixtures and com- :, Y S Y P P P g pacted pavement according to ASTivt D 979. _ 1. Reference'maximum thearetical density will be determined by averagirtg re�ults from F�, four sampies of hot-mix asphalt-paving mixture delivered daily to site, prepared accord- ing ta ASTM D 2041, and compacted according to job-mix specifications. 2. In-place dettsity of compaated pavement will be determined by testing core samples ac- '--�- corciing to ASTM D 1188 or ASTM D 2726. � a. . Onc core sample wil� be taken for every 1000 sq. yd. or less of installed pave- ment, with no fewer than 3 cores taicen. b. Field density of in-p}ace compacted pavement may also be determined by nuc- ,� lear rnethod accarding to ASTM D 2950 and correlabed with ASTM D 1188 ar :� ASTM D 2726_ c. Remave and replace or install additional hot-mix asphalt where test results or measurements indicate that it does not compiy wifh spe�cified requirements. l_'� 3.13 IIISPOSAL ,`7 A. Except far rnaterial indicatad to be recycled, remove excavated materials fram Project site and Ie- �� gally dispase of them in an EPA-approved landfilt. 1. Do not allow excavated matecials to accamulate arnsite. ' ,__, . :�.� ' -�... END OF SECTION ..:� , � W�; ' i. ; �l ' Im, ,;� I HOT-MIX ASPHALT PAVING a2741 - 6 -,, � 1 ' DIVISION 2 - SITE CONSTRUCTIUN ,� � SECTION OZ821- CHAIN-LINK FENCES AND GATES , :� .1 PART 1- GENERAL , -� I.1 RELATED DOCUMENTS ' � `' A. Drawings and genera:l provisions of the Contraet, including Geueral and SupplementaTy Candi- tions and Division 1 Specification Sections, apply to this Section. , ,, � 1.2 5[T1GII�IARY � A. This 5e.�tion includes the following: , � 1. Chain-Link Fences: Industrial. - � 2. Gates: Swing. 3. 5ee Altemates section 01100 for Chain Link Fencing Material Deduct Alternate #1 ' , � 1.3 PERFORMANCE REQUIREMENTS A. Structu.ral Performance: Provide chain-link fences and gates capable of withstanding the effects of ' �� gravity loads and the foilowing loads and stresses within limits and under conditions indicated: '} 1. Minimum Post Size and Niaximum Spacing for Wind Velocity Pressure: Deternune �^ based on mesh size and pattern specified, and on the foll�wing minimum design wind pressures and accarding to CLFMI WLG 2445: � � a, 'Wind Speed; I ld mph. b. Fence Height: 10 feet� ' e. Line Post Group: IA, ASTM F 1043, Schedule 40 steel pipe. ' t� d. Wind Exposure CategQry: B. ,.,� ?. Deterraine minimum past size, g�aup, and se�ctron according to ASTM F 1 U�43 for frame- ; wark up to 12 feet high, and gost spacing not tc� exceed 1 Ci t'eet. � ' �,� B. Lightning Protection System: Maximum grounding-resistance value of 25 ohtrts under norrna3 dry I _ condiunns. 1.4 SUBNIITTALS I :�.� A. Product Data: Include construction details, material descriptions, dimensions of individual cam- r-� ponents and prafiles, and finishes for chain-link fences and gates. ' ,� 1. Fence and gate posts, rails, and fittings. Z. CtYain-Iink fabric, reinforcements, and atfachmeafs. � _. 3. Gates and hardware, ' i� B. Shop Drawirrgs: Show locations of fences, gates, pasts, rails, tension wires, details af extended � _,i posts, extension arnxs, gate swing, or other operatian, hardware, and accessories. Indicate mate- , i � rials, dimensions, sizes, weig,nts, aud finishss of coenponents. Include glans, gate elevations, sec- tions, details of post anchorage, attaehment, bracing, and other required insiallation and operation- ?:._�,1 al clearances. ,.' °°'7 1.5 QUALITY ASSURt+rrNCE ' �..,�I A. Installer Qualifications: An experiencect installer who has completed chain-link fences and gates _ similar in material, design, and extent to those indicated for this Project and whose work has re- ' � d � sulted in construction with a record of successful in-service Qerforn�ance. � � ' > l.b PROJECT CONDTTIONS I °-' A. Field Ivleasurements: Verify layout informadon fvr chain-link fences and gates shawn on Draw- ings in relation to property survey and existing structures. Verify d'unensions by field measure- , i ments. CHAIN-LII�IK FENCES AND GATES 02821 -1 ' - , `�� B. Intemrption of Existing Utiliry Service: Do not interrupt utility services to �'acilities occupied by Owner or others unless permitted under the following conditions and then only after arianging to r provide temporary utility services accarding to requirements indicated: ' 1. Notify Architect no fewer than two days in advance of prognsed intet�teption of utility � services. j PART 2 — PRODUCTS 21 CHAIN-LINK FENCE FABRIC �_� i r� A. General: Height indicated on Drawings. Provide fabric in ane-piece heigttts measureci between top and' bot#om of auter edge of selvage la�uckle or twist Comply with ASTM A 392, CLFMI CLF 2445, and recluireanents indicatsd below: ,�� 1. Steel Wire Fabric: Polymer-coated wire with a diameter of 0.192 inches. .,. _ .� a. Mesh Size: 2 inches. h. Polyrner Coating: ASTIVI F 688, Class 1 over metalIic-coated stee! wire, �� 1) Color: Black 2. .�ialvanized Stee1 Wire Fabric v�rith diarneter of 0.192 inches. a. Mesh Size: 2 inches. �j b. Weight vf Aluminum-Mischmetal Alloy Caated steel wire, (Zn-S-AI-MM) ASTIvi F 1345 - Class 2,1.4 �zCsq, ft. �� 3. Setvage: Knuckled tap and knuckled bottom. ; �..� 2.2 INDUSTRIAL FENCE FRAMING � 2 A. Posts and Rails: Comply with ASTM F 1043 for framing, ASTNI F 1083 far Gr.oup IC raund -�� gipe, and the following: 1. Group: IA, round steel pipe, Schedule 40. '' � Z. Fence Heighi: 10 feet. ;�, 3_ Strength Requirement: Heavy industrial according to ASTM F 1043. 4. Post Diameter and Thickness: According to ASTM P 1043. � S. Posf, Size aad Thickness: According ta ASTM F 1U43. ,6F a. Top Rail: l.bb inches. b, Line Post: 2.5 inches. c. End, Comer and Pull Post 3.0 inches. d. Swing Gate Post: Accard�ng to ASTM F 900. 5. Hardware: Latches permittu►g operation frorn tsoth sides of gate, hinges. Fabricate �` lstches with integrd! eye openings for padlacking; pad.lock accessible from both sides of 'i � gate. � 6. Coating for Steel Framing: �.�:� a. Metallic-Coated Steei: Posts, rails, and frames protected with an external coat- ing of not iess than 0:6 oz. of zinc/sq. ft., a chromate canversioa coating, and a clear, verifiabfe polymer �tlm; with an internal protective coating of not 3ess than '� D.6 az. of zinc/sq. ft. or 81 percent, nat less than 03-mi1- thick, zinc pigmented , '. °• coating. b. Polymer coating over metailic coating , . + Z.3 TEN5ION � WIRE ' , � A . General: Provide horiz�ntal tension wire at the following locatians: ; � 1. T.ocarion: As indicated � . $. Galvanized coated steel wire, 7 guage (0.177") diameter tensian wire with ?S,flOQ-psi mittimum � tensile strength, ' ``� 2.4 INDUSTRIAL SWING GATES ', ; A. General: Comp(y with ASTM F 90d for singie dauble swing gate types. ? 1. Metal Pipe and Tubing: Galvanized Steet. Comply with ASTM F I043 and ' ASTM P 1 Q83 for rnateriai� and prot�tive coarings. i CHAIN-LINK FENCES AND GATES QZg21 _ 2 -i � � �` B. �rames and Bracing: Fabricate members from round, galvanized steel tubing with outside dimen- N _ sion and weight according to ASTM F 90U and the following: , '� 1. Gate Fabric Height: 2 inches less than adjaceat fence heighk :._;1 2. Leaf W idth: As indicated. 3. Frame 1vlembers: -� a. Steel: 1.90 inches mund. ' � C, Fratne Comer Coasttvction: 1. Welded or assembled with corner fittings and 5/16-inch- diameter, adjustable truss rods ' �� for panels 5 feei wide or wider. D. Extended Gate Posts and Frame Members: Extend gate posts and frame end members abave xop of chain-link fabric at botti ends of gate frame 12 inches as required to attach barbed wire assem- , � blies. i E. Hardware: Latches pemutting apet'ation from b�th sides of gate, hinges, center gaCe stops and (� keepers for each gate leaf more thsn 5 feet wide. Fabricate latches with integral eye openings fQr � ;; � padlocking; padlock accessible from both sides: of gate, _ f 2S FITTINGS I ''�..� A. General: Compty with ASTM F G2'fi, � p � B. Post and Line Caps: Provide for each post. 1. Line past caps with loop to receive tensioa wire or top rail, I C. Rail and Brace Ends: Attach rails securely to each gate, corner, pull, and end post. � � D. Rail Fitrings: Pmvide the fallowing: ' 1. TQg Rail Steeves: Pressed steel or raund steet tubing nat less than 6 inches long. ��, 2. Rail Clamps: Line and comer boulevard clamps for connecturg intermeetiate and bottom rails in the fence line-to-line pasts. � E. Tension and Brace Bands: Pressed steeL ' � _;, F. Tension Bars Steel length not less than 2 inches shoRer than full height of chain-link fabric. ' Provide one bar for each gate and end post, and two for each corner and puTl post, unless fabric is :� integrally wouen inta post. G. Tie Wires, Giips, and Fasteaers: Aceording to ASTM F 626. ' '�`"� 1. Standard Round Wire Ties: For attaching chain-iink fabnc to posts, rails, and frames, complying with the foliowing; a. Hot-Dip Ga:lvanized Steel; 0.1(}b tnch diameter wire; galvsnized coafing thick- i,. ness matching coating thickness of chain-link fence fabric. , � � H. Finish: 1. Metallic Coating for Pressed Steel ar Cast Iron; Not less than 1.2 oz. Isq. ft. zinc. ' 1 - � 2. Aluminum: Mill finish. 2.7 CAST-IN-PLACE CONGRETE A. Materials: Portland cement complying with ASTM C 15Q, Type I aggregates cornplying with ' � � ASTM C 33, and potable water_ 1Vleasure, batch, and rnix Proaect-site-mixed conerete according to I ASTM C 94/C 94IvI. ---, 1. Concrete Mixes: Normal-weight concrete with not less than 3000-psi compressive '- � strength (28 days}, 3-inch slump, and I-inch maximum size aggcegate. `�J S. Materials: Dry-packaged concrete mix complying with ASTM C 3&7 for narmal-weight conc�te � ` i mixed with potable water according W manufacturer's written instructions. , � 2.8 GROUT AND ANCHORING CEME�T _ � ; CHAIN-LINK FENCES AND GATES 02821 3 -� � �l. A. Nonshrink, Nonmetallic Grout: Premixed, factc�ry-packaged, nonstaining, noncorrosive, nonga- �' ' � seous grout complying with ASTM C T 107. Provide grout, recommended in wtiting by manufac- - % turer, for exterior applications. � � B. Erosion-Resistant Anchoring Cemen� Factory-packaged, nonshrink, nonstaining, hydrautic- � contralled expansion cement formulation. for mixing with potable water at PrQject site to create pourable anchoring, patchmg, and grouting compotmd. Provide formularion that is resistant to � , erasian from water exposure without needing protectivn by a sealer or waterproof coating and tttat _j is recornmended in writing by manufactuner, for exterior applications, i PART 3 — EXECUTIUN �� ` � 3.1 EXAMINATION � � A. Examine areas ax�d �onditions, with Installer present, for compliance with requirements €or site ;� clearing, earthwork, pavement work, and otlier conditians affecting perfQrrnance. ;;� 1_ Do nat begin installatian befare final grading is campleted,. �nless otherwise permitted by I � Architect -� 2. Proceed with installation only after iu�satisfactory conditions haue been corrected. �; � r°` 3.Z PREPAR 4TION �� A. Stake locations af fence lines, gates, and terminal posts. Do not exceed intervals of SOQ feei or � lirie of sight between stakes. Indicate locattans of utilities, lawn sprinkler system, underground structures, benchmarks, and property manuments. � � _,-� ' 3.3 INSTAI.LAT'ION, GEPtERAL �.._: � i A. Install chain-link fencing to comply with ASTM F 567 and more stringent requirements specified. � 1. Install fencing vn established boundary lines inside praperiy line. I � 3.4 CHAIN-LINK FENGE INSTALLATION �..,_ '; � A. Post Excavatron: Dri1t or hand-excavate kates foc posts to diarRCters and spacings indicated, in .:�� firm, undisturbed soii_ � ! B. Post Setting: Set posts in concrete at indicated spacing into firm undistucbed soil. i` 1. Verify that posts aze set plumb, aligned, and at correct height end spacing, and hold in position during setting with concrete or mechanical de�iees. 2. Concref� Fill: Place cancrefe arou,nd posts tfl dimensions indicated and vibrate or tarnp 7 for cansolidation. Protect aboveground portian of posts from concrete splatter. _!�� a. Concealed Concrete: Top 2 inches below grade to a11ow coveriag with surface material. � I ,._, � � C. Tercninat Posts: Locate terminal end, comer, and gate posts per ASTM F 5G7 and terminal pu!! 'r-•� posts at changes in harizontai orvertical aEignment of 15 degrees ar mvre. '°� D. Line Fosts: Space line posts unifotmly at $ feet o.c. � E. Post Bracing and Intermediate Rails: InstaIl according to ASTM F Sb7, maintaining plumb posi- ' I...., tion and alignment of fencing. Install braces at end and gate posts and at both sides of comer and � � pulE post�S. ':_,,� 1_ Locate horizontal braces at midheight of fabric 6 feet or.higher, on fences wi#h top rait and at 2/3 fabric height on fences withaut top rail. Fnstall sa posts are plumb when di- �; i agonal rod is under proper ter�sion. ""' F. Top Rail: Install according to ASTM F 567, maintaining plumb position and alignment of fenc- ing. Run rail cvntinuously through line post caps, bending ta radius for curved runs and terminat- i' ' ing into rail end attached ta posEs or post caps fabricated to receive rail at termiaal posts. Pmvide _ expansion couplings as recommended in writing by fencing manufacturer. �� CHAIN-LINK FENCES AND GATES 02821 - 4 � .._ . _. .. � � G. Bottom Rails: Ins#all, spanning between posts. � H. Chain-Link Fabric: Apply fa�sric to autside af enclosiag framework. Leave 1 inch between finish � grade or sur�ace and bottom selvage, unless otherwise indicated. Pull fabric taut and tie to posts, rails, and tension wires. Anchor to framework so fabric remains under tensi4n after pulting force � : j is released. :,-_� I. Tension or Stretcher Hars: Thread thraugh fabric and secure to end corner, pull, and gate posts ' � with tension bands spaced n�t mare than 15 inches o.c. �' J. Tie Wires: Use wire of proper length to firmly secure fabnc to line posts and rails. Attach wire at 1 end to chain-link fabric, wra.p wire around post a rninunum of 180 degrees, and attach other end � "�� to cbain-link fabric per ASTM F 626: Bend ends of wire to minimize hazard to individuals and y � clothing. 1. Maximum Spacing: Tie fabric to line posts at 12 inches o.c. and to braees at 24 inches � ; � o.c. t..�� K. Fasteners: Install nuts for tensian bands and carriage bolts on the side af the fence opposite the fabric side. Peen ends of bolts or scoce threads to prevent removal of nuts. , LL ,� L. Privacy Slats: Install s3ats in direction r'ndicated, secareiy �ocked in place. 1. Vertically, for privacy factor of70 to 75. M. Court Fencing; Construct eourt fence aceocding to ASTM F 969. � � 3.5 GATE INSTALLATION ' � A. Insta2l gates according to mantefacturer's written instructions level, plumb, and secure for fiill �� opening without interference, Attach fabric as for fencing. Attach hardware usircg tamper- resistant or concealed means. I�nstali ground-set items in concrete for anchorage. Adjust hardware ' ;�y� for smooth opecation and Iubricate where necessary, 3.7 ADJUSTII�G �. �_`+ A. Gate: Adjust gate to operate smoothly, easily, and guietly, free of�binding, waig, excessive detlec- ' I� tioq distortion nonaiignment, misplacetnent, disruption, ar malfunction, throughout entire ogexa- tional range. Confirm that latches and Iocks engage accurately and securely without foe•cing or binding. ' 4 ,� S. Lubricate hardware, gate operaWr, and other m�ving parts. � �:� EN� OF SECTION `;�� ;t :;� . � - ,-� �' � �� '� � , i�Y i ,. ._.. 1 nu � n.T T n.ru �r.rrFC at�r� c;ATES ____ _ 02821 - 5 � " DIVISIUN 2 - SITE CONSTRUCTION � SECTION 02920 - LAWNS AND GRASSES , PART 1- GENERAL � 1.1 RELATED DUCUMENTS ' A. Drawings and general provisions of th� Contract, including Generai and Suppiementary Condi- tions and Divrsion l Specification Sectians, apply to this Section. ;� 1.2 SUMMARY � A. This Section includes the:following: 1. Lawn renavation. � ' 1.3 DEFINITIUNS j A. Finish Grade; Elevation af finished surface of glaating soit, �; B, Manufactured Snii; Soil produced off-site by homogeneously blendittg minecal soils or sand with ■' stabilized organic soil amendments to produce topsoil ar planting soil. .� C. Planting Soil: Native or imported Wpsoil, manufactuced topsoil, or surface soil; modified to be- ' come tapsoit; mixed with soil amendments. .�� D. SuUgrade: Surface or efekation of sabsoil reIIiaining after campleting excavation, or top surface af a fill-:or backfill irnmediately beneath planting soil_ _ 1.4 SUBMITTALS A. Product Data: For each type of produet indicated. `- B: Certification of Grass Seed: From seed vendor for each grass-seed monostand or mixture- stating the botanical and co,mmon name and percentage by weight of each species-and variety, and per- centage of purity, germination, and weed seed. Include the year of gmduction and date af packag- _ i 1.5 QUALITY ASSURANCE A. Insta]Ier Qualifications: A qualified landscape installer whase wor�c has resulted in successfuI lawn establishmen� �� 1. Installer's Field Supervision: Require Installer to ma�ntain an experienced full-time su- � pervisor an Project site-when planting is in progress. ' , B. Topsoil Analysis: Furnish. soil analysis by a qualified soil-testing-laboratory staring pernentages of � arganic matter, gradation of sand, silt, and clay contenr, cation exchange capacity; deleteriaus ma- �:� terial; pH; and mineral and piant-nutrient content of topsoi[. 1. Repart suitability of tapsoil for lawn gowth. State recornmended quantities of nitrogen, '� phosphorus, and potash nutrients: and soil amendments to be added to produce a satisfac- � tory topsoil. C. Preinstallation Conference: Conduct conference at Project site to cornply with requiremeats in ' Division 1 Section "Project 1vSanagement and Goordination." � � 1.6 DELIVERY, STURAGE, AND HANDLING � A. Seed: Deliver seed in original sealed, labeled, and undamaged containers. � B. Sod: Harvest, deliver, store, and handle sod according t,� requirements in TPI's "SpecificaEians for Turfgrass Sod Materials" and "Specifications far Turfgrass Soii Transplanting and Installation" in ' its "Guideline Specifications to Turfgrass Sodding." '+ LAWNS AND GRASSES 02920 - 1 � � �1 i: � :..�, A. TopsoiL• ASTM D 5268, pH range of 5.5 to 7, a minimum of 4 percent organic material cantent; ' , i free of stones 1 inch or larger in any dimension and other extraneous materisls harmful to plant ��, growth. 1. Topsoil Source: Import topsoil or manufactured topsoil from off-site sowces. Obtain ' °� topsoil displaced from naturally well-drained construction or mining where togsoil ,� occurs at least 4 inches deep; do not obtain from agricultura[ tand bogs or marshee�. 2.4 INORGANIC SOII. AMENDMENTS ' ::� �. A. Lime: ASTlvt C 602, agricultural limestone containing a minimum 84 percent calcium carbonate equivalent and as follows: ' °-� 1. Class: Class T, with a minimum 99 percent passing throttgh No. $ sieve and a minimum 75 percent passing through No. 60 sievc. - 2. Class: Class O, wrth a minimum 95 percent passing through No. 8 sieve and a minimum 55 percent passing through No. b0 sieve; �- ~' 3. Provide lime in form of dolomitic limestone. �,,,�' 2.5 PLANTING ACCESSORIES ' .� , A. SetectiWe Herbicides: EPA registered and approved, of type recc�mmended by manufacturer for . .. application. , "� 2.6 FERTILTZER I A. Sfow-Release Fertiiizer: Granular or pelleted fertilizer consisting af 50 percent water-ins�9uble ni- ' ;,..� trogen; phasphonis, and potassium in-the following camposition: �� 1. Siarter Fertilizer: 20% nitrogen, 10% phosphor�us, and 10% potassium, by weight. 2. Lawn Builder. 30% nitrogen, 3% phosphorous, and 14% potassiumb - � ` 2.7 MULCI�ES ' �� A. Straw Mulch: Provide air-dry, clean, mildew- and seed-free, salt hay or threshed straw of wheat, ' I rye, oats, ar barley. u� 2.8 EROSIQN-CONTROL MATERI�I,S I °�� A. Erosion-Cnntrol Blanketss Biodegradable wood excelsior, straw, or coconut-fiber mat enciosed in ' i � a photodegradable plastic mesh� include manufact�uer's recommenrled steei wire staples, 6 inches � lang. ' �� B, Erosion-Controi Fiber Mesh: Bi�degradable twisted jute or spun-coir mesiZ, a minirnum of 0.92 lb/sq. yd., with 50 to 65 percent open area Include manufacturer's recommended steet wire staples, ;6 inohes lnng. � _,.� �.� PART 3 — EXECUTION 3.1 EXAMINATION � ,_� A. Examine areas ta receive lawns and grass for compliance with requirements and other conditians affecting performance. Proceed with installation only after unsatisfacwry conditions have been e ; corrected. , ��.� 3.2 PREP:ARATION I 1 �� A. Protect structures, utilities, sidewalks, pavements, and other faciliries, trees, shrubs, and plantings fram damage caused by planting operations. '` J 1. Protect adjacent and adjoining areas from hydroseeding overspray. ' ' B. Provide erosion-cantrol measures to prevent erosion ar displacement of soils and discharge of soil- .. ,� bearing water runoff or airborne dust to adjacent properties and walkways. ; ' _ _____--t.A�tNS_AND_GRAS�E�___-- Q2920 - 3 _. . - -- - _ -:._.--- _ _ ._ _ _ __ _ � , ---�- ;; .) � pockets, and form a smooth surface. Work sifted soiI or fiae sand into minor cracks between piec- -, es of sod; remove excess to avoid smothering sod and adjacent grass. ' 1. Lay sod across angle of slopes exceeding 1:3. 2. Anchor sod on slopes exceeding 1:6 with woad pegs or steel staples spaced as recom- ,' mended by sod manufacturer but nat less thatt Z anchors per sod strip to prevent'slippage. _-„ J' C. Saturate sad with ftne water spray wixhin two hours of planting. Duning first week, water daily or ' more frequet�tiy as ne�essary to maintain moist soil to a minimum depth of 1-1/Z inches below sod. 3.7 LAWN RENOVATIUN �� A. Renvvate e�tisting lawn damaged by Contractor's operations, such as storage of materials or � equipment and mavernent of vehicies. ' 1. Re-estabiish lawn where settlement ar washouts occur ar where repair areas are required. �� B. Remove sod and uegetation from diseased os unsatisfactary lawn areas; do noe bury in saii. � C. Remove topsoil containing fareign materiats resulfing from Contractor's operations, including oil `,� drippings, fuel spitls stone, gravel, and other canstruct�on materials, and reptace with new topsoil. D, Remove weeds before seeding. Where weeds are exEensive, apply se}ective herbicides as required. ;:. Do �ot use pre-emergence hecbicides. � � E. ReYnove waste and foreign materials, including weeds, sail cores, grass, vegetation, and turF, and legally dispose of thettt aff Owner's property. ~T � F TiI] stripped, bare, and campacted areas tka�ughly w a soil depth af 4 inches. ' G. Apply soil amendaienrs and initial fertiIizers required for establishin.g new lawns and mix t6o- �� roughly into top 4 inches of existing sait; Provide new planting soil {with proper PH between 6-7) � to fi[l low spats and meet finish grades.. �_ H. A sead and rotect with straw muich or sod as uired far tawn restoration � PP P re9 ��.., Water newly planted areas and keep moist unti� new lawn is established. '"� 3.8 SATISFACT�ORY LAWNS �µ "`� A. Satisfactory Seederl Lawn: At end of maintenance period, a healthy, uniforai, close startd of grass has beeu established, free of weeds and surface irregutarities, with coverage exceeding 90 percent � f` over any 10 sq. ft. (d.92 sc{. m) and bare spats not exceeding 5 by 5 inches. ' t B. Satisfactory Sodded Lawn; At end of maintenance period, a healthy, weIl-rooted, even-eoioced, �-_ -� viable Iawn has been established, free af weeds, open jaints, bare areas, and surEace in egularities. � "j C. Reestablish lawns that do not comply with reQuirements and continue maintenance until lawns are `�,�.� satisfactary. _�� i� 3.9 CLEANUP AND PROTECTION '�� ..� A. Promptly remove soil and debris created by iawn work from pave�d areas, Clean wheels of ve- , hicles before teaving site to avoid tracking soil anto roads, wallts, or other paved ateas. ' �� , *� B. Brect barricades and warning signs as rec�uired to pmtect newly ptanted areas from traf�ic. Main- '"' � tain barricades throughout maintenaace period and remove after l�wn is estabtis�ed. ' :.� C. Remove erosion-canu4l measures after grass establishment period. � ' END OF SECTION ''-� __ - � -----.. . �„� ..., ,, oo�e t�292Q - 5 r --. —.- — - . . - -..- . _. '. ' ' �.i � DIVISION 3 - CONCRETE ' , SECTION 033QU - CAST-IN-PLACE CONCRETE '{ ` -:� PART 1— GENER.AI� ;:� 1.I RELATED DOCUMENTS ' "' A. Drawings and general provisions of the Contract, including General and Supp]ementsry Condi- ,_ tions and Division 1 Specification Sections, apply to this Section. ' '� i.Z SUMMARY ;�� A. This Section specifies cast-in-place concrete, including reinforcement, concrete materials, mix de- ' ,-- � siga, FZacementprocedures, and finishes. B. Related Sections include ttie following: ' `` � 1. Division 2 Section "Earthwork" for drainage fili under slabs-on-grade. t 13 SUBMITTALS , �� A, Generai: In addition t� the following, comply with submittal requirements in ACI 30i. � ~� B, Product Datac For each type of manufactured material and praduct indicated. � j �� C. Design It�iixes: For each concrete mix. 1.4 QUALITY ASSiTRANCE I �. �:1 A. Installer Qualifications: An experienced installer who has compieted concrete wark similar in ma- terial, design, and extent to that indicated for this Project and whase work h�as resaltad in construc- ' ;�. tion w►th a record of successfui in-service performance. ""`' B. Manufacturer Qualifications: A firm experienced in manufachuing ready-mixed cancrete prod- ' ucts complying with ASTIvI C 94 requirements for production facilities and equipment. ��„� C. Source Limitations: Obtain each type of cement of the sa�ne brand from the same manufacturer's � plant, each aggregate from one source, and each admixture from the same manufacturer. ' [� D. Comply with ACI 301, "Speeification for Structural Concrete," including the fatlowing, unless modified by the requirements of the Cantract Documents: ' 1, Genecal requizements, including submitzals, qualiry assurance, acceptance of structure, `�'�y and protection of in-place concrete. � 2 Forrnwork and form accessories. 3. Steel reinfarcement aad suppocts. , � 4. Conerete mixtures. ,.,.H �� 5. Handling, placing, and constructing concrete. I � PAttT 2 — PRODUCTS ' ,` � , � 2.1 FORMWOAK A. Fumish formwork and form accessories according w ACI 301. ' � �1. � �� .') 2.2 STEEL REINFORCEMENT ' -� t�. Reinforcing Bars: ASTM A 615/A 615M, Grade 60, deformed. ;� J' B. Plain-Steel Wire: ASTM A 82, as drawn. ' + C. Plain-Steel Weided Wire Fabric: ASTivI A 185, fabricated from as-drawn steel wire �into flat _.. sheets. ' CAST-IN-PLACE CONCRETE 03340 - 1 --�-- -- -------- � -- ........ ..... ... _ i �, {. �- ' 23 REINFORCENLENT ACCES50RIES ' A. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening ' ��I ) reinforcing bacs and welded wire fabric in place. Mauufacture bar supports according to CRSPs "Manual of Standard Practice" from steel wire, plastic, or precast cancrete or fiber-reinforced con- , crete of greater compressive strength than concrete. �� ' 2.4 CONCRETE MATERIALS '`,� A. Portland Cement: ASTM C 150, Type L � B. Normal-Weight Aggregate: ASTIvI C 33, uniformly graded, not exceeding 3/4 nominal size. '�� C. Lightweight Aggregate: ASTM C 33U. .w:.� D. Water: Potable and complying with A�TM C 94. ' �1� :Vy 2.5 ADMIXTURES A. General: Adrnixtures certified by manufaeturer to contain not more than 0.1 percent water-saluble '�� chloride ions by mass of cement and to be compatibie with other admixtures. Do not use adrnix- : 1; tures containing calcium chlaride. '��~� B. Air-Entraining Admia�ture: ASTM C 260. "� C. Water-Reducing Admature: A5TN1 C 494, Type A. '�°�'! D. High-Range, Water-Redueing Admixture: ASTM C 494, Type F: �� 2.G RELA1'ED MATERIAI.S '�� A. 3oint-Fiiler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber, or ASTM D 1752, cork or `--��- self-expanding cork. t � ''� ;� 2.7 CURING MATERIALS ':� A. Eva ration Retarder. Wate�arne, monomolecular film forming, manufacbured for application to Pa fresh concrete. ,_f� B. Clear, Waterbome, Membrane-Fornung Curing Compound: ASTIvI C 309, Type 1, C]ass �. ' ,_-._, 2.8 CUNCRETE MIXES � A. Comply with ACI 301 requirements for concrete mixtures. '� i� 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: ' �~ L Compressive Strength (28 Days): 340Q psi. � 2. Slump: 4 inches. '� a. Slump Limit for Concrete Contaming High-Range Water-Reducing Admixture: E- � Nat more than 8 inches after adding admixture to plant or site-verified 2- to 3- inch slump. - ,. �� C. Add air-entcaining admixture at manufacturer's prescribed rate to resuit ia c�ncrete at point of placement having an air eontent of 2.5 to 4.S percent. , � ._.� ` . w; ' ,: � 03300 - 2 i' CAST-IN-PLACE CONCRETE � — --� ---- - - ' ,�, i "- � D. Fber reinforcing: 1. Synthetic Fiber: Monofilament palypropylene fibers engineered and designed for use in ' � concrete pavement, complying with ASTM C 1116, Type III, 1/2 to 1-112 inclies long. a. Products: Manofilament Fibers: ' l} Axim Concrete Technalogies; Ffbcasol IIP. � 2} Euclid Chemrcal Company (The); Fberstrand 10�. ' 3) FORTA Corporation; Forta Mono. 4) Grace Construction Products, W. R, Grace & Co.; Gcace MicroFiber. ' m ' S) Metalcrete Industries; Polystrand 1400. � 6) SI Concrete Systems; Fibermix Stealth. 2.9 CONCRETE MIXING ' ;�� A. Ready-Mixed Concrete: Cornply with ASTM C 94 aad furnish batch ticket information: 1. When air temperature is betw�n. 85 and 90 deg F, reduce mixing and delivery time from � � 1-1/2 hours to 75 minutes; when air temperature is above 9U deg F, reduce mixing and delivery time to b0 minutes. PART 3 - EXECUTION ' � 3.1 FORMWORK A. Design, construct, erect, shore, brace, an� maintain forrnwork according w ACI 301. ' �� 3.4 JQINT'S ar to surface lane of concrete. ' � A. General: Constructaoints true to luie with faces perpecid�cut p B. Construction Jaints: Locate and install so as not to impair strength or appearance Qf concre#e, at ' ,� locatians indicated, or as approved by Architect. C. Isoiation Joints: Install joint-filter Expansion Joint strips at 2U' maximum spacing; 1. Extend joint fillers full width and depth of,}oint, termina:ting flush with finished concrete , � sucface, unless otherwise indicated. D. Conh-action FControl) 7aints in Slabs-on-Grade: Form weakened-plane contraction jaints, section- ' •�-�, ing concrete vnto areas as indicated. Consuuct contraction joints for a depth equal to at least one- j � fourth of the concrete thickness as follaws: : 1. Sawed Joints:: Farm contcaction joints with pawer saws equipped with shatterproof abra- siue or diamond-rimmed blades. Cut 1/8-inch- wide joints irtto concrete when cutting ac- ' a'��; tian will not teac,,,abrade, or otherwise damage surface and before �oncrete develops ren- ,� dom contraction cracks. 2. Tooleci Joiats in sidewalk. ' �! �'': 3.5 CONCRETE PLACEMENT � A. Comply with recommendatians in ACI304R for measuring, rnixing, transporting, and placing ' °= � concrete. `�� B. Do not add water to concrete during delivery, at Prfljeck site, or during placement ; _, 1 C. Consolidate cancrete with mechanical vibrating equipment. �� , . - 3.b FINISffiNG FORMED SURFACES ' �� A. Smooth-Formed Finish: As-cast concrete texture imparted by farm-facing material, arranged in au ; orderly and symmetrical manner with a minimum of seams. Repair and patch tie 6ales and defeo- ' tiue areas. Completely remove fins and other projectians: . . ,�i � C CAST-IN-FLACE CONCRETE 43300 - 3 � .. .. T �� I. Testing Frequency: Obtain one composite sample for each day's pour of each concrete mix exceeding 5 cu, pd., but less than 25 cu. yd, plus one set for each additional SU cu. �� yd. or fraction thereaf. 311 REPAIRS � A. Rernove and replace cancrete that does not comply with cequirements in this 5ection � END OF SECTION �j �:.�. �� .�.r �� . .;'N � � � � �{ �.::i � �� S � . . _ . � , . . � �� } �� J ' �` � , �.! CAST-IN-PLACE CONCRETE 03300 - 5 i .t __ __ __ -� � �'"'� DIVISIOiV l I — EQiJIPMENT SECTION I1480 — ATHLETIC EQUIPMENT ' I �� PART I - GENERAL �'�"� 1.1 SUMMARY ' :,�. �; '...� A. This section sha.11 include the furnishing of all equipment and labor aecessary tts compiete athletic ' tennis equipment shown an the drawing(s} and/or herein specified. All equipment specified sha11 be �,_.� suQplied by one manufa�rec. � _� 1.2 RELATED SECTIONS ' ' A. AllowanceslSubstitutions - Division 1 B. Cast in Place Cancrete - Division 3 , - =il '� 13 REFERENCES �_ ' A. Arnerican Sports Builders Association (ASBA). r � i B, United States Tennis Association (USTA) Rules of Tennis � . � 1.4 SUBMITTALS n� I A. Submit shop drawing far equigmen� Show locarion and detail of attachment�. ' ;� B. Indicate each item being fumished inclucfing materials, quantities, locations, connectioas and fast�necs. Tnciude dimensioned layout of eqetipment locstions. , �:, : j� C. Submit copy af manufacturers Certificate ofInsurance. 5.� � � D. Submit static loads and point reactions complete with catculations for each hackstap in compliat�ee ' ��` with paragra.ph 1.05 Engineering Data. � E. Submit capy of additional guarantee/warranfiy information for indicated items with shop drawing ' ,, suhmittals. :,; ' i :�,-� 1.5 EIVGIP�'EERING DATA - il A. General laad c� or generic praduct faboratory tes�t data will not be eansidered suf�icient data ' � for approvaL � 1.6 WA�RRANTY � ' �� .._ A. Provide a one year warranty against defects in matecials and workmanship. °°°°� 1.7 QUALITY ASSURANC'E , � A. While it is not the intsnt to limit competitive bidding, the manufacturer and equipment specified is ' ,__ _ listed as a standard of quality, dvrability and performance. Items furnished shall be of the same �' I� manufacturer to assure similar operation, safety, routine maintenance and service. J � PART2-PRODUCTS ' � �' 2.1 ACCEPTABLE MANUFACTURERS -, A. Subject to compliance with all' requirernents, pravide athletic equipment by one of the following ' �� manufacturers. AlI provisians of the specifications mustbe complied with before fabrication andlor delivery. ' ATHLETIC EQITIPMENT 11480 - 1 ------- � -��-T_-- ---_----- --- -- _ --_---- — - _ �.� T � - - ; �� I. Dauglas Iadustties, Inc (Basis afDesign) 3441 South 11ih Avenue, Eldtidge, IA 5274$ 2. Jaypro Sports, LLCPorter Athletic Equipment 1 3. Edwacds Sports Products ! B. Other manufactures desiring consideration are invited to bid provided they submit to the Architect � i ecifica i cuts descri tions detailed lest of similar installations of the proposed complete sp t ons, , p , ) materials for proper evaluation prior to ten 10 days before Bid Date, The Architect will grant � approvat, if acceptable, by addendum to all contractors/bidders. '._ � •`� C. The approval of other maaufactures names and groduct number do not reIie�e the contractor from � furnishing products whic� comply with all of the deiaiied requurements of the base sgeci�cation. '---, D. Manufacturer's praducts shail be standard cataSoged items and sha11 be a cansistentty affered line of � eqaipmeat. Manufacture's pubtished literatuxe must clearly show that the producb being furnished are � in com�iiance wirh ihese specifications. Otherwise, a detail listing of difFerences is required prior to bid. � g� E. Manufacturef s in order to be cansidered must have at ieast 5}�ears ef experience pmducing equipment of the type and design spacified. Manufacturer me2st be able w fumish a reference list of recent .�� projects (within 100 mile radius of this project site) with similar products in compliance wit4i these � . �; specifcations. 2.2 MATERIALS �` ' A. Provide where indicated on drawings, the fatlowing tennis equipment All ex}uipmentshall meetUSTA requirements for offciat sizes: W 1. Net Post - b total quantity; (Dougias DTP-37 basis of design} �� a) 2-7/8"min. OD raund, steel post with 7 gua.ge steel. Complete witlt lacing rods, cap ' and gear housing. ��., b) Polyester powder coat finish (black) � c) Removable hand�� ' 2. Tennis Net - 3 total quantity: (DQUglas TN-34DH basis of design) a} Vinyl coated polyester, 2-ply headband. `�" b} 3.0 mm nettizig with 2851b break strength. � c) Complete with adjustable center straps - heavy duty 2" polyester white web with �� nickel plated web slides aud snaps. -�- 3. Center Pipe Net Anchor - 3 totat quantity: (Dougias #63428 basis of design) '� a} 1.9" OD min Galvanized steel � ' 4. Wind Screens - an a11 interior f�nce faces (Douglas Poly-Pro Seleet basis of design) �� a) 100% Patypropy]ene Open Mesh weave, 5 oz weight per square yard & tnininaum °A� tensile strengfh of 25a x 170: �. � � b) 6' height w! 60' maximum width per panel. c) Hems to be constructed with,28 az. vinyl inserts double sewn to 1-112" wide. AIl -- hems t� include #2 6rass grommets spaced at 18" intervais. '� d) Provide AVR Air Vents spaced at 10'-0" on center. ' � e} Select Darlc:green color. ' � Include all required tie wraps (minimum 50 lb break strength} for instaitation. �I ( PART 3 - EXECUTION i � 3.1 INSPECTIf}N F, _ � �� A. Examine work in place on which specified work is in any way dependent to ensure that conditions are satisfactory for installation of specified work. Report, in writing to the General Contractar �d the i Architect, any defects which may influence completian of specified wack. Absence of such '�_, notification will be conswed as acceptance of woric in ptace. Do not attempt installation until comect conditions are gresent or you have a written order to do so. ' ._.� _ .. . �.._� ,-T.,, �r,, .,,,,,,�C,.,�, I 1480 - 2 ..,I ' � 3.2 INSTALLATION .�-, ' I A. Equipment herein specified shall be installed by factory trained craftsmen skilled in their trade, and be �-:� responsible for accurate fit of specified work. �" � B_ Install and assemble all equipment furnished in accordance with manufacturer's instructions and , ',� approved shop drawings. This contractor shall adjust tennis equxpment to USTA required heights. Demonstrate operation of all units to the owner or his authorized agen�. ' '� _ END OF SECTION ' � �a , ,_^� , �� , `� _ ;� ' �� , '� .�.� ' � � ' , ..�� :._x, ' .,.� � !� �W.l , k�- � '�J , ; ^� . . . . . . ��:�� . . - .. _-,.} . . , �� r�' � � �( __w. , . � -'. i � , ATHLETIC EQUIPMENT 114$0 - 3