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Home My WebLink AboutCONTRACT FOR JAMES BROWN BOULEVARD STREETSCAPE ' Je: z , CONTRACT DOCUMENTS FOR JAMES BROWN BOULEVARD STREETSCAPE CR 2477 FM CR 2723 to CR 2499 & FM CR 2509 to CR 2523 GDOT Project Number CSTEE- 0009 - 00(126) P.I. No. 0009126 AUGUSTA - RICHMOND COUNTY, GEORGIA Prepared for AUGUSTA, RICHMOND COUNTY COMMISSION Augusta, Georgia ,.._____--- G ' 0 R G !. Prepared by w Cranston Engineering Group, P.C. ,.7 t , ENGINEERS - PLANNERS - SURVEYORS 452 ELLIS STREET, AUGUSTA, GEORGIA 30901 POST OFFICE BOX 2546, AUGUSTA, GEORGIA 30903 TELEPHONE 706 - 722 -1588 FACSIMILE 706 - 722 -8379 mail @cranstonengineering. com April 29, 2013 2009 - 0145 Rev. #1 12/2/2013 CONTRACT DOCUMENTS FOR JAMES BROWN BOULEVARD STREETSCAPE CR 2477 FM CR 2723 to CR 2499 & FM CR 2509 to CR 2523 GDOT Project Number CSTEE- 0009 - 00(126) P.I. No. 0009126 AUGUSTA - RICHMOND COUNTY, GEORGIA AUGUSTA, RICHMOND COUNTY COMMISSION The Honorable Deke S. Copenhaver Mayor William Fennoy Corey Johhnson Mary Davis Alvin Mason Bill Lockett Joe Jackson Donnie Smith Wayne Guilfoyle Marion Williams Grady Smith Frederick L. Russell - City Administrator Margaret Woodard - Director, Augusta Downtown Development Authority Cranston Engineering Group, P.C. Engineers - Planners - Surveyors Augusta, Georgia April 29, 2013 2009 -0145 Rev. #1 12/2/2013 TABLE OF CONTENTS SECTION TITLE NO. OF PAGES I Invitation for Bids 1 IB Instructions to Bidders 4 P Proposal 13 BB Bid Bond 2 NA Notice of Award 1 A Agreement 4 PB Performance Bond 4 NP Notice to Proceed 1 GC -0 Index to General Conditions 1 GC General Conditions 14 SC -0 Index to Special Conditions 1 SC Special Conditions 8 SPL Georgia Department of Transportation Standard Specifications 2 SP -0 Index to Project Specific Special Provisions 1 SP Project Specific Special Provisions 20 AA -0 Index to Appendix A - Forms 1 AA Appendix A - Forms 9 AB -0 Index to Appendix B - Additional Requirements 1 AB Appendix B - Additional Requirements 52 INVITATION FOR BIDS The invitation to bid will be issued by the Augusta- Richmond County Purchasing Department. * ** *END OF PAGE I -1 * * ** I -1 IB -01. GENERAL: SECTION IB INSTRUCTION TO BIDDERS All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the Invitation for Bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of a contract with the successful bidder. IB -02. EXAMINATION OF WORK: Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the execution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB -03. ADDENDA AND INTERPRETATIONS: No interpretation of the meaning of the plans, specifications or other pre -bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to The Director of Augusta Downtown Development Authority c/o Augusta Procurement Department, 530 Greene Street, Room 605, Augusta, Georgia 30901 and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB -04. PREPARATION OF BIDS: Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms shall be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special conditions allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "No Bid" where appropriate. IB -1 Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the Proposal. Note: A 10% Bid Bond is required in all caps. IB -05. BASIS OF AWARD: The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all materials and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. The Owner reserve the right to award based on either a comparison of the Base Bid only or a combination of the Base Bid and one or more Additive Alternatives, the Additive Alternative will be taken in the order presented in the proposal section. If the contract is awarded, it will be awarded to the lowest reliable whose proposal shall have met all the prescribe requirements. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed and settlement will be made for such items upon the basis of the work as actually executed at the unit prices in the proposal as accepted. It is the responsibility of the Contractor to check all items of construction. In case of error in the extension of prices in a proposal, unit bid prices shall govern. IB -06. BIDDER'S QUALIFICATIONS: If the submitted bid is $2,000,000.00 or less, the bidder must be either a prequalified contractor or a registered subcontractor with Georgia Department of Transportation (GDOT). If the submitted bid is in excess of $2,000,000.00, the bidder must be prequalified with GDOT. Subcontractors shall be pre - qualified or registered with the GDOT. If construction work involves welded structures such as bridges, the manufacturer of the structure shall be on the GDOT QPL List 60. No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the Contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal a FINANCIAL, EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant, equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder, or investigation ofhim fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB -2 IB -07. PERFORMANCE AND PAYMENT BONDS: At the time of entering into the Contract, the Contractor shall give a performance bond and a labor and material payment bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such Contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and materials, for the completion of the Contract according to its terms, for saving the Owner harmless from all costs and charges that may accrue on account of the doing of the work specified, and for the compliance with the laws appertaining thereto. Said bonds must be a substantial surety company satisfactory to the Owner and authorized by law to do business in the state in which the work is located. The results in a performance bond of 100% of the contract amount and a payment bond of 110% of the contract amount are required. Attorneys -in -fact who sign bonds must file with each copy thereof a certified and effectively dated copy of their powers of attorney. IB -08. REJECTION OF BIDS: These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however, to waive informalities in bidding, to reject any or all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IB -09. BID RIGGING: To report bid rigging activities call: 1- 800 - 424 -9071 The U.S. Department of Transportation (DOT) operates the above toll -free "hotline" Monday through Friday, 8:00 AM to 5:00 PM, Eastern Time. Anyone with the knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse, and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. IB -10. DAVIS BACON WAGE RATE: The Davis Bacon Wage Rate applies to this project. For further information please see Appendix B Section AB -9. IB -11. REQUIRED DOCUMENTS FOR BID SUBMITTAL: All submitted bid packages shall include the following documents: Proposal, Bid Bond, Georgia Department of Transportation (GDOT) Pre - Qualification or Registration Statement in accordance with Section IB -06, the Disadvantage Business Enterprise (DBE) Goals Form, Federal Aid Certification, and the Georgia Security and Immigration Compliance Act Affidavit and all City of Augusta forms discussed in the Notice to All Bidders Section. The forms for the DBE Goals, Federal Aid Certification Form and the Georgia Security and Immigration Compliance Act Affidavit IB -3 are located in Appendix A herein. IB -12. DISADVANTAGED BUSINESS ENTERPRISE: The Disadvantaged Business Enterprise (DBE) goal for this project is 9 %. The complete DBE Goals Form, Federal Aid Certification and Georgia Security and Immigration Compliance Act Affidavit (included in Appendix A) must be submitted with Bid. IB -13. CONSTRUCTION STANDARDS: The Georgia Department of Transportation (GDOT) Standard Specifications for Construction of Transportation Systems, 2013 Edition; and applicable Special Provisions and Supplemental Specifications provided herein apply to the contract. IB -14. TITLE VI OF THE CIVIL RIGHTS ACT: The Augusta, Richmond County Commission in accordance with Title VI of the Civil Rights Act of 1964 and 78 Stat. 252, 42 USC 2000d -42 and Title 49, Code of federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such act, hereby notifies all bidders that it will affirmatively ensure that, in any contract entered into pursuant to this advertisement, minority business enterprises will be offered full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. IB -4 91V 1 PROPOSAL DATE: . 4,...,‘ , 44 �ZJOL Gentlemen: In compliance with your invitation for bids, the undersigned hereby proposes to furnish all labor, equipment and materials, and to perform all work for the project referred to herein as: JAMES BROWN BOULEVARD STREETSCAPE (P.I. No. 009126) CR 2477 FM CR 2723 to CR 2499 & FM CR 2509 to CR 2523 in strict accordance with the Contract Documents and in consideration of the amounts shown on the bid schedule attached hereto and totaling: Base Bid: **Ave, b- t►ta,-sDZeD ISKa.-iT`/ iWO 4- o•4504-w�M, sof h ..3 h4 il au-i7 44.4 tydG bait 15 , and '7Sj /100 dollars ( C • 7 Additive Altern ve No. 1: t i -tur -t ''D VDuQ 3+�. ► 'ocxs SCv� Hcsno?ts7 t,( {.ti4I - � 46 and Z6 /100 dollars ( 1Ab C5 , 7 .2 Additive Alternative No. 2: Ct-ter 4- tc 474s5:1 - .yNto Ta.A. 'zuR, 14„.„) - bft S,&:;vuy •pct AP , and S* / /100 dollars ( _ 1 OZ . 0. v 41 Additive Alternative No. 3: i 1 weary t 1 e rrr - I�@ u ' %t aA.ao* ub kta M 01,4 „I L i t t- c7 DA AM , and 2 s/ / 100 dollars ( C i C t I S,3. Z Additive Alternative No. 4: CMVir �a .+ r•.ofx. - a 4 # es., su aaaa,. �"�i�au,n,. ),.{..� an Auito- ' DexivR.� , and "Z,S /I00 dollars ( 11 Z 1 103. t's} The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the Owner, and that he will provide the bond or guarantees required by the contract documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work within Ten (IQ) calendar days after the date of written notice to proceed, and that he will complete the work within Q Hundred Eighty ($4} calendar days after the date of such notice. The undersigned acknowledges receipt of the following addenda: Enclosed is a bid guarantee, consisting of `a t 09ke in the amount of Respectfully submittOrr 1 a A.a,dr5- 4.1...t. .' t �„�.Y.�,4 FIRM NAME ^� �j ( 249 ..::m et�e^�.,.7 Ys1~,re,K, Rv0 4 ADDRESS _ TITLE : ` 1 P -1 JAMES BROWN BOULEVARD STREETSCAPE PHASE 1 FOR DOWNTOWN DEVELOPMENT AUTHORITY RE -BID 14 -127A TO ACCOMPANY THE PROPOSAL OF: BIDER: LARRY PITTMAN AND ASSOCIATES, INC. ADDRESS: 1249 GORDON PARK ROAD / AUGUSTA, GA. 30901 GA DOT PAY ITEM ITEM DESCRIPTION, QUANTITY, NO. NO. UNIT & UNIT PRICE AMOUNT I. SIDEWALK ITEMS 1 150 -1000 Traffic Control Lump Sum $11,000.00 2 *210 -0100 Grading Complete Lump Sum $143,000.00 3 402 -3103 Recycled Asphalt Concrete 9.5 mm Superpave, Type II, Group 2 Only, Including Bituminous Material & Hydrated Lime 270 SY @ $38.50 /SY $10,395.06 4 441 -0018 Driveway Concrete, 8 In. Th. (Thick), with Broom Swept Finish 100 SY @ $66.00 /SY $6,600.00 5 441 -0106 Concrete Sidewalk, 6 In., with Broom Swept Finish 2,050 SY @ $44.00 /SY $90,200.00 6 441 -5002 Concrete Header Curb, 6 In., Type 2 260 LF @ $17.60 /LF $4,576.00 7 441 -6021 Concrete Curb and Gutter, 6 In. X 30 In., Type 2 770 LF @ $19.80 /LF $15,246.00 8 441 -6041 Concrete Curb and Gutter, 6 In. X 36 In., Type 2 270 LF @ $22.00 /LF $5,940.00 9 500 -9999 Class B Concrete, Base or Pavement Widen $250.00 45 CY @ $275.00 /CY $ 12,375.00 10 610 -6515 Remove Highway Signs 14 EA @ $71.50 /EA $1,001.00 11 610 -6605 Remove Lighting Standard (Street Lights) 10 EA @ $275.00 /EA $2,750.00 GA DOT PAY ITEM ITEM DESCRIPTION, QUANTITY, NO. NO. UNIT & UNIT PRICE AMOUNT 12 611 -5280 Reset Granite Curb - Adjust in Place 1,100 LF @ $19.25 /LF $21,175.00 13 611 -5360 Reset Highway Signs 14 EA @ $110.00 /EA $1,540.00 14 611 -5480 Reset Lighting Standard (Street Lights) 10 EA @ $275.00 /EA $2,750.00 15 653 -1804 Thermoplastic Solid Traffic Stripe 8 In., White 2,875 LF @ $10.45 /LF $30,043.75 16 900 -0039 Brick Corner Aprons, to Include: 3/8 In. Mortar Joints, Set in 1 In. Mortar Bed, 4 In. Concrete Base, and 2 In. Graded Aggregate Base 2,485 SF @ $26.40 /SF $65,604.00 17 900 -0039 Decorative Brick Trim Around Tree Wells, to Include: 3/8 In. Mortar Joints, Set in 1 In. Mortar Bed, and 4 In. Concrete Base 455 SF @ $33.00 /SF $15,015.00 18 900 -0039 Decorative Brick Around Street Light Base, to Include: 3/8 In. Mortar Joints, Set in 1 In. Mortar Bed, and 4 In. Concrete Base 1,165 SF @ $26.40 /SF $30,756.00 19 900 -0039 Brick Median - Greene Street, to Include: 3/8 In. Mortar Joints, Set in 1 In. Mortar Bed, 4 In. Concrete Base, and 2 In. Graded Aggregate Base 570 SF @ $26.40 /SF $15,048.00 Sidewalk Subtotal $485,014.75 II. MISCELLANEOUS ITEMS 1 009 -3000 Kiosk (Wayfinding Sign) 1 EA @ $6,600.00 /EA $6,600.00 2 754 -4000 Trash Receptacles 12 EA @ $1,705.00 /EA $20,460.00 Miscellaneous Subtotal $27,060.00 III. DRAINAGE ITEMS 1 668 -2100 Drop Inlet 1 EA @ $3,080.00 /EA $3,080.00 2 900 -0535 Trench Drains with Grates 10 EA @ $935.00 /EA $9,350.00 Drainage Subtotal $12,430.00 IV. LANDSCAPING ITEMS 1 009 -3500 Irrigation Bags 10 EA @ $165.00 /EA $1,650.00 2 603 -7000 Non - Biodegradable Fabric Separator - 24 s.f. 30 EA @ $93.50 /EA $2,805.00 3 603 -7000 Non - Biodegradable Fabric Separator - 36 s.f. 11 EA @ $110.00 /EA $1,210.00 4 702 -0290 Ginkgo Biloba `Mygar' 4 EA @ $440.00 /EA $1,760.00 5 702 -9025 Landscape Mulch, 4 In. 125 SY @ $44.00 /SY $5,500.00 6 708 -1000 Plant Topsoil 11 CY @ $132.00 /CY $1,452.00 Landscaping Subtotal $ 14,377.00 V. EROSION CONTROL ITEMS 1 161 -1000 * *Temporary Soil Erosion Control Lump Sum $4,840.00 2 163 -0550 Construction and Removal of Inlet Sediment Traps (Additional not Shown on Plans, as Directed in the Field) 5 EA @ $660.00 /EA $3,300.00 3 165 -0105 Maintenance of Inlet Sediment Traps (Additional not Shown on Plans, as Directed in the Field) 5 EA @ $220.00 /EA $1,100.00 4 167 -1000 Water Quality Monitoring and Sampling 20 EA @ $880.00 /EA $17,600.00 5 167 -1500 Water Quality Inspections 7 MO @ $2,200.00 /MO $15,400.00 6 171 -0030 Installation Maintenance and Removal of Silt Fence, Type C (Additional not Shown on Plans, as Directed in the Field) 175 LF @ $8.80 /LF $1,540.00 Erosion Control Subtotal $43,780.00 ADDITIVE ALTERNATES Alternatives shall be equal to the amount to be added to the original Base Bid for the additional Bid Items which are shown. ADDITIVE ALTERNATE #1 New brick and concrete sidewalk construction from Telfair Street to Walker Street (Station 25 +50 to Station 29+70) including pedestrian crosswalk striping across Telfair Street, handicap ramps, and trees. SIDEWALK ITEMS 1 005 -0023 ADA Ramp - Concrete, with Broom Swept Finish to Include: Truncated Dome Brick Pavers Set in 1 In. Mortar Bed, 4 In. Concrete Base, and 2 In. Graded Aggregate Base 23 SY @ $330.00 /SY $7,590.00 2 150 -1000 Traffic Control Lump Sum $6,600.00 3 *210 -0100 Grading Complete Lump Sum $31,900.00 4 402 -3103 Recycled Asphalt Concrete 9.5 mm Superpave, Type II, Group 2 Only, Including Bituminous Material & Hydrated Lime 90 SY @ $38.50 /SY $3,465.00 5 441 -0018 Driveway Concrete, 8 In. Th. (Thick), with Broom Swept Finish 22 SY @ $77.00 /SY $1,694.00 6 441 -0106 Concrete Sidewalk, 6 In., with Broom Swept Finish 425 SY @ $44.00 /SY $18,700.00 7 441 -6021 Concrete Curb and Gutter, 6 In. X 30 In., Type 2 770 LF @ $19.80 /LF $15,246.00 8 500 -9999 Class B Concrete, Base or Pavement Widening 12 CY @ $275.00 /CY $3,300.00 9 610 -6505 Remove Highway Signs 2 EA @ $71.50 /EA $143.00 10 610 -5360 Remove Lighting Standard (Street Lights) 1 EA @ $275.00 /EA $275.00 11 611 -5360 Reset Highway Signs 2 EA @ $110.00 /EA $220.00 12 611 -5360 Reset Lighting Standard (Street Lights) 1 EA @ $275.00 /EA $275.00 13 653 -1804 Thermoplastic Solid Traffic Stripe 8 In., White 1,505 LF @ $10.45 /LF $15,727.25 14 900 -0039 Brick Comer Aprons, to Include: 3/8 In. Mortar Joints, Set in 1 In. Mortar Bed, 4 In. Concrete Base, and 2 In. Graded Aggregate Base 790 SF @ $26.40 /SF $20,856.00 15 900 -0039 Decorative Brick Around Street Light Base, to Include: 3/8 In. Mortar Joints, Set in 1 In. Mortar Bed, and 4 In. Concrete Base 430 SF @ $26.40 /SF $11,352.00 Sidewalk Subtotal $137,343.25 II. MISCELLANEOUS ITEMS 1 754 -4000 Trash Receptacles 2 EA @ $1,705.00 /EA $3,410.00 . Miscellaneous Subtotal $3,41000 III. DRAINAGE ITEMS 1 900 -0535 Trench Drains with Grates 1 EA @ $935.00 /EA $935.00 Drainage Subtotal $935.00 IV. EROSION CONTROL ITEMS 1 161 -1000 * *Temporary Soil Erosion Control Lump Sum $4,400.00 2 171 -0030 Installation Maintenance and Removal of Silt Fence, Type C (Additional not Shown on Plans, as Directed in the Field) 75 LF @ $8.80 /LF $660.00 Erosion Control Subtotal $5,060.00 ADDITIVE ALTERNATE #2 New brick and concrete sidewalk construction from Walton Way to Barnes Street (Station 33 +00 to Station 33 +21) including pedestrian crosswalk striping across Barnes Street, handicap ramps, and trees. I• SIDEWALK ITEMS 1 150 -1000 Traffic Control Lump Sum $6,600.00 2 *210 -0100 Grading Complete Lump Sum $28,600.00 3 402 -3103 Recycled Asphalt Concrete 9.5 min Superpave, Type II, Group 2 Only, Including Bituminous Material & Hydrated Lime 55 SY @ $38.50 /SY $2,117.50 4 441 -0018 Driveway Concrete, 8 In. Th. (Thick), with Broom Swept Finish 85 SY @ $66.00 /SY $5,610.00 5 441 -0106 Concrete Sidewalk, 6 In., with Broom Swept Finish 335 SY @ $44.00 /SY $14,740.00 6 441 -6021 Concrete Curb and Gutter, 6 In. X 30 In., Type 2 480 LF @ $19.80 /LF $9,504.00 7 500 -9999 Class B Concrete, Base or Pavement Widening 9 CY @ $275.00 /CY $2,475.00 8 653 -1804 Thermoplastic Solid Traffic Stripe 8 In., White 220 LF @ $10.45 /LF $2,299.00 9 900 -0039 Brick Comer Aprons, to Include: 3/8 In. Mortar Joints, Set in 1 In. Mortar Bed, 4 In. Concrete Base, and 2 In. Graded Aggregate Base 225 SF @ $26.40 /SF $5,940.00 10 900 -0039 Decorative Brick Trim Around Tree Wells, to Include: 3/8 In. Mortar Joints, Set in 1 In. Mortar Bed, and 4 In. Concrete Base 45 SF @ $33.00 /SF $1,485.00 11 900 -0039 Decorative Brick Around Street Light Base, to Include: 3/8 In. Mortar Joints, Set in 1 In. Mortar Bed, and 4 In. Concrete Base 365 SF @ $26.40 /SF $9,636.00 Sidewalk Subtotal $89,006.50 II. DRAINAGE ITEMS 1 668 -2100 Reconstruct Catch Basin, Group I, (Top Only) 1 EA @ $2,750.00 /EA $2,750.00 Drainage Subtotal $2,750.00 III. LANDSCAPING ITEMS 1 009 -3500 Irrigation Bags 8 EA @ $165.00 /EA $1,320.00 2 603 -7000 Non - Biodegradable Fabric Separator - 24 s.f. 4 EA @ $93.50 /EA $374.00 3 702 -0542 Lagerstroemia Indica `Yuma' 4 EA @ $495.00 /EA $1,980.00 4 702 -9025 Landscape Mulch, 4 In. 12 SY @ $44.00 /SY $528.00 5 708 -1000 Plant Topsoil 11 CY @ $132.00 /CY $1,452.00 Landscaping Subtotal $5,654.00 IV. EROSION CONTROL ITEMS 1 161 -1000 * *Temporary Soil Erosion Control Lump Sum $4,400.00 2 171 -0030 Installation Maintenance and Removal of Silt Fence, Type C (Additional not Shown on Plans, as Directed in the Field) 75 LF @ $8.80 /LF $660.00 Erosion Control Subtotal $5,060.00 ADDIZTOT. ADDITIVE ALTERNATE #3 New brick and concrete sidewalk construction from Barnes Street to D'Antignac Street (Station 33 +21 to Station 36 +43) including pedestrian crosswalk striping across Barnes Street, handicap ramps, and trees. I. SIDEWALK ITEMS 1 150 -1000 Traffic Control Lump Sum $6,600.00 2 *210 -0100 Grading Complete Lump Sum $26,400.00 3 310 -5040 Recycled Asphalt Concrete 9.5 mm Superpave, Type II, Group 2 Only, Including Bituminous Material & Hydrated Lime 28 SY @ $38.50 /SY $1,078.00 4 441 -0104 Concrete Sidewalk, 4 In., with Broom Swept Finish 295 SY @ $44.00 /SY $12,980.00 5 441 -6021 Concrete Curb and Gutter, 6 In. X 30 In., Type 2 245 LF @ $19.80 /LF $4,851.00 6 500 -9999 Class B Concrete, Base or Pavement Widening 5 CY @ $275.00 /CY $1,375.00 7 653 -1804 Thermoplastic Solid Traffic Stripe 8 In., White 375 LF @ $10.45 /LF $3,918.75 8 900 -0039 Brick Corner Aprons, to Include: 3/8 In. Mortar Joints, Set in 1 In. Mortar Bed, 4 In. Concrete Base, and 2 In. Graded Aggregate Base 300 SF @ $26.40 /SF $7,920.00 9 900 -0039 Decorative Brick Around Street Light Base, to Include: 3/8 In. Mortar Joints, Set in 1 In. Mortar Bed, and 4 In. Concrete Base 495 SF @ $26.40 /SF $13,068.00 II. LANDSCAPING ITEMS 1 009 -3500 Irrigation Bags 28 EA @ $165.00 /EA $4,620.00 2 700 -9300 SOD (Cyndon Dactylon - Bermudagrass) 165 SY @ $16.50 /SY $2,722.50 3 702 -0542 Lagerstroemia Indica `Yuma' 12 EA @ $495.00 /EA $5,940.00 4 702 -9025 Landscape Mulch, 4 In. 50 SY @ $44.00 /SY $2,200.00 Landscaping Subtotal $15,482.50 III. EROSION CONTROL ITEMS 1 161 -1000 * *Temporary Soil Erosion Control Lump Sum $5,000.00 2 171 -0030 Installation Maintenance and Removal of Silt Fence, Type C (Additional not Shown on Plans, as Directed in the Field) 75 LF @ $8.80 /LF $660.00 Erosion Control Subtotal $5,660.00 �hAA� 1 ,' ADDITIVE ALTERNATE #4 New brick and concrete sidewalk construction from D'Antignac Street and Miller /Adams Streets (Station 36 +43 to Station 40+78) including pedestrian crosswalk striping across D'Antignac Street, handicap ramps, and trees. SIDEWALK ITEMS 1 150 -1000 Traffic Control Lump Sum $6,600.00 2 *210 -0100 Grading Complete Lump Sum $24,200.00 3 310 -5040 Recycled Asphalt Concrete 9.5 mm Superpave, Type II, Group 2 Only, Including Bituminous Material & Hydrated Lime 12 SY @ $38.50 /SY $462.00 4 441 -0104 Concrete Sidewalk, 4 In., with Broom Swept Finish 335 SY @ $44.00 /SY $14,740.00 5 441 -6021 Concrete Curb and Gutter, 6 In. X 30 In., Type 2 100 LF @ $19.80 /LF $1,980.00 6 500 -9999 Class B Concrete, Base or Pavement Widening 2 CY @ $2.. 7890 610 -6515 Remove Highway Signs 1 EA @ $71.50 /EA /CY $71.5 611 -5360 Reset Highway Signs 1 EA @ $110. 00 /EA $110.0 653 -1804 Thermoplastic Solid Traffic Stripe 8 In., White 445 LF @ $10.45 /LF $4 1 900 -0039 Brick Corner Aprons, to Include: 3/8 In. Mortar 75 Joints, Set in 1 In. Mortar Bed, 4 In. Concrete Base, and 2 In. Graded Aggregate Base 415 SF @ $26.40 /SF $10,956.00 11 900 -0039 Decorative Brick Around Street Light Base, to Include: 3/8 In. Mortar Joints, Set in 1 In. Mortar Bed, and 4 In. Concrete Base 715 SF @ $26.40 /SF $18,876.00 Sidewalk Subtotal $83,195. 0 0 5 75 II. MISCELLANEOUS ITEMS 1 754 -4000 Trash Receptacles 1 EA @ $1,705.00 /EA $1,705.00 Miscellaneous Subtotal $1,705.00 III. LANDSCAPING ITEMS 1 009 -3500 Irrigation Bags 36 EA @ $165.00 /EA $5,940.00 2 700 -9300 SOD (Cyndon Dactylon - Bermudagrass) 265 SY @ $16.50 /SY $4,372.50 3 702 -0542 Lagerstroemia Indica `Yuma' 18 EA @ $495.00 /EA $8,910.00 4 702 -9025 Landscape Mulch, 4 In. 80 SY @ $44.00 /SY $3,520.00 Landscaping Subtotal $22,742.50 IV. EROSION CONTROL ITEMS 1 161 -1000 * *Temporary Soil Erosion Control Lump Sum $4,400.00 2 171 -0030 Installation Maintenance and Removal of Silt Fence, Type C (Additional not Shown on Plans, as Directed in the Field) 75 LF @ $8.80 /LF $660.00 Erosion Control Subtotal $5,060.00 *PAY ITEM 210 -0100, GRADING COMPLETE, SHALL INCLUDE ANY WORK WITHOUT A SPECIFIC PAY ITEM SUCH AS: GRADING; DEMOLITION; CLEARING AND GRUBBING; CONSTRUCTION LAYOUT; REMOVAL AND RESETTING OR REPLACING FIRE HYDRANTS, VALVES, METER BOXES, ETC.; SAW CUT ASPHALT EDGES; PROPERTY RESTORATION; RAISE OR LOWER TO GRADE MANHOLES; VALVE BOXES AND METER BOXES; MISC. REMOVALS; REMOVAL AND RESETTING OF BUS STOP SHELTER; AND BONDS AND INSURANCE. * *TEMPORARY SOIL EROSION CONTROL WILL INCLUDE INSTALLATION, MAINTENANCE AND REMOVAL OF THE FOLLOWING: TEMPORARY GRASSING, TEMPORARY MULCH, INLET SEDIMENT TRAPS (AS SHOWN ON THE PLANS), AND MISCELLANEOUS EROSION CONTROL STRUCTURE. Bond No. BLD BOND The American institute of Architects, AIA .Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Larry Pittman and Associates. Inc. 1249 Gordon Park Road. Auousta. GA 30901 as Principal hereinafter called the Principal, and old Republic Surety Company a corporation duly organized under the laws of the state of wi as Surety, hereinafter called the Surety. are held and firmly hound unto Downtown Development Authority, 530 Greene Street, Augusta, GA 30901 as Obligee, hereinafter called the Obligee, M the sum of 10% of Bid Dollars ($ 10% of Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has subtnitted a bid for Re-Bld Item 14-127A, James Brown Boulevard Streetscape, Phase 1 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 sufficient surety for the faithful performance 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 penalty 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 perform 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 8th day of July , 2014 Larry Pittman and Associates, Inc. Principal (Seal) Nam itle Old Republic Surety Company Sunty (seal) Witness By / erald Anthony Arrnstron6 /Attorney-in-Fact ORSC 21328 (5/97) * * ** OLD REPUBLIC SURETY COMPANY r * * * POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and mint: _ = : FRANCIS PHILLIP MEEHAN, GERALD ANTHONY ARMSTRONG, JESSICA A. BENDER, OF AUGUSTA, GA -- true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $20,000,000, for and on behalf of the company as surety, to execute and deliver i affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizanccs or other written obligations in the nature thereof, (other than bail ids, hank depository bonds, mortgage dcticicncy braids, mortgage guaranty bonds guarantees of installment and note guaranty bonnds, self insurance workets npensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds. hazardous waste rentediation bonds or black lung Ids), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF TWO MILLION DOLLARS($2,000,000) FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. Ito bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. Is document is not valid unless pontedon colored tutekgroutai and is multi- roIc>rod This appointment is made under and by authority of the board of directors t special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions >pted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice - president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said offices may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or - (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be xed this 23RD day of JUNE, 2014. OLD REPUBLIC SURETY COMPANY Pittler6:4 //yY j SEAL Ras 'jQCrpl;lr l f ATE OF WISCONSIN, COUNTY OF WAUKESHA -SS ` - ,,. President On this 23RD day of JUNE, 2014 , personally came before me, Alan Pavlic and Phyllis M. Johnson , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed -the above rument, and they each acknowledged the execution of the same, and being by me duly swom, did severally depose and say; that they are the said officers of the poration aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers .e duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. go . w 1 Notary Public My commission expires: 9/28/2014 RTIFICATE (Expiration of notary commission does not Invalidate tide instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power ttorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in :e. 80 -3000 * �vi� "�j. Signed and sealed at the City of Brookfield, WI this ±� day of k ( . Q , $ SEAL <° hF ASS+atanl SAS ..,.. .�ellMt - " INS SERVICES OF AUGUSTA IS DOCUMENT HAS A COLORED BACKGRGUND/AND I5 MULTI - COLORED ON THE i -ACE THE COMPANY LOGO APPEARS ON THE BACK OF THIS DOCUMENT AS A WATERMARK IF THESE FEATURES ARF ABSENT THIS DOCUMENT IS VOID SECTION N NOTICE OF TAI DATE: September 29, 2014 a . TO: Larry Pittman & Associates, Inc. LEVARD STREETSCAPE 1249 Gordon Park Road Augusta, Georgia 30901 SUBJECT: NOTICE OF AWARD PROJECT: JAMES BROWN BOU (P.I. No. 009126) Gentlemen: The Owner has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated July 8, 2014 , and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of $582,661.75. You have agreed in your Proposal 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 this NOTICE OF AWARD to the OWNER. Dated this 29th day of September , 2014. Sincerely, D. Scott Williams, PE ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged on this %Day of 204". BY: Ade ,.. TITLE: ..dlf4 16* NA -1 SECTION A AGREEMENT THIS AGREEMENT, made on the 2-Je « of 0e c'' 20 ) by and between AUGUSTA, GEORGIA BY AND THROUGH AUGUSTA - RICHMOND COUNTY COMMISSION first part, hereinafter called the OWNER, and LARRY PITTMAN & ASSOCIATES, INC. party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans described in the specifications for the project entitled: JAMES BROWN BOULEVARD STREETSCAPE (P.I. No. 009126) and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION -- LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced within ten (10) calendar days after the date of written notice by the Owner to the Contractor to proceed. The work shall be completed within One Hundred Eighty (180) calendar days after the date of such notice and with such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. LIQUIDATED DAMAGES Contract will include provisions for liquidated damages per Section 108.08 of the Georgia Department of Transportation Standard Specifications. A -1 ARTICLE III - PAYMENT A. THE CONTRACT SUM The Owner shall pay to the Contractor for the performance of the Contract the amounts stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications attached hereto. B. PROGRESS PAYMENTS On not later than the fifth day of every month, the Contractor shall submit to the Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. The estimate shall include only quantities in place and at the unit prices set forth in the bid schedule. On the vendor run following approval of the invoice for payment , the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT A. Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 10 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly issue a final certificate, over his own signature, stating that the work required by the Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the date of said final certificate. B. Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. C. The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. D. If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the Owner shall A -2 upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. A -3 IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day and year first written abov .0 , `tea , \® .► ; ACO MO/VbIt r ,1 ; 4' .•r •••••••••• ••ro � AUGUSTA, GEORGIA (SEA D S 3 By: ,; 14' As its Mayor I'..•. tv / SV cam' / ,t N �� : s - t / '�� . %`'''� Witness LARRY PITTMAN & ASSOCIATES, INC. By: 1 1 �,, p4 ' �j• , t.. ,,,1 (SEAL) Title: �rt.ros48) �r ATTEST: Address: 1204 Q Go z�,,„� S: retary s /:V rt ess / \ A -4 * * * * * tit ** Conforms with The American Institute of Architects, A.I.A. * ..n * ,_ Document A312 (2010 Edition) * * * * * Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Larry Pittman and Associates, Inc., of business) OId Republic Surety Company 1249 Gordon Park Road 445 South Moorland Road, Suite 200 This document has important legal Augusta, GA 30901 Brookfield, WI 53005 consequences. Consultation with an attomey is encouraged with OWNER: respect to its completion or (Name, legal status and address) modification. Downtown Development Authority, Any singular reference to Procurement Dept., 530 Greene Contractor, Surety, Owner or Street, Room 605, Augusta, GA 30901 other party shall be considered plural where applicable. CONSTRUCTION CONTRACT Date: September 29th, 2014 Amount: $582,661.75 Description: ()Vame and location) James Brown Boulevard Streetscape (P.I. 009126) BOND Date: October 8th, 2014 (Not earlier than Construction Contract Date) Amount: $582,66175 Modifications to this Bond: IS None 0 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Cornpan : (Corporate Seal) Company: (Corporate Seal) Pittman & Ass'ilii. OId Republic S -ty Company / / Li a re: Signatur . .' , / .....". ,. . ' - " ' ' - Name Name and Title: Timmy C. Pittman, President and Title: -rald Anthony Armstrong, Attorn -In-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER OWNER'S REPRESENTATIVE: Insurance Services of Augusta (Architect, Engineer or other partly) 1 ORSC 22119 (05/11) * * * * Conforms with The American Institute of Architects, * (p A.I.A. Document A312 (2010 Edition) * * * * Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Larry Pittman & Associates, Inc. Old Republic Surety Company 1249 Gordon Park Road This document has important legal 445 South Moorland Road, Suite 200 Augusta, GA 30901 Brookfield, WI 53005 consequences. Consultation with an attorney is encouraged with OWNER: respect to its completion or (Name, legal status and address) modification. Downtown Development Authority, Any singular reference to Procurement Dept., 530 Greene Contractor, Surety, Owner or Street, Room 605, Augusta, GA 30901 other party shall be considered plural where applicable CONSTRUCTION CONTRACT Da September 29th, 2014 Amount: $640,927.93 Description: (Name and location) James Brown Boulevard Street Scape (P.I. 009126) BOND Date: October 8th, 2014 (Not earlier than Construction Contract Date) Amount: $64.0,927.93 Modifications to this Bond: IN None El See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Larry Pittman & Associates, Inc. Old Republic S . *mpany 46:— Signa ,1 / o ,r• Name Name and Title Timmy C. Pittman, President erald Anthony Armstrong, Attorney-In-Fact : and Title: (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Insurance Services of Augusta (Architect, Engineer or other party..) 5 ORSC 22114 (05(11) L REPUBLIC SURETY COMPANY * 7 * POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and ppoint GERALD ANTHONY ARMSTRONG, JESSICA A. BENDER, OF AUGUSTA, GA s true and lawful Attomey(s) -in -Fact, with full power and authority, not exceeding $50,000,000, for and on behalf of the company as surety, to execute and deliver ad affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail Dnds, bank d- .• sitory bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self - insurance workers Dmpensation .ends guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung Dnds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF TWO MILLION DOLLARS($2,000,000) FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. Id to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomeys -in -Fact, pursuant to these presents, are ratified and confirmed. its document is not valid unless printedon colored background and is multi - colored. This appointment is made under and by authority of the board of directors a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions [opted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice - president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be ixed this 13TH day of OCTOBER, 2014. OLD REPUBLIC SURETY COMPANY h PATE OF WISCONSIN, COUNTY OF WAUIESHA -SS` *„ P resident On this 13TH day of OCTOBER, 2014 , personally came before me, Alan Pavlic and Phyllis M. Johnson , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above rument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the oration aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers e duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. f P • Public . . ' My commission expires: 9/28/2018 tTIFICATE (Expiration of notary commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power ttomey remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in 80 -3000 fee Signed and sealed at the City of Brookfield, WI this day of OA, b e 3..o, `f SEAL "09, 11110 [NS SERVICES OF AUGUSTA S DOCUMENT HAS A COLORED BACKGROUND ,AN[) IS !4'I@JLTI ON THE FACE. THE COMPANY LOGO APPEARS ON THE BACK OF THIS DOCUMENT AS A WATERMARK. IF THFSF. FEA TURES ARE ABSENT. THIS DOCUMENT IS VOID, SECTION NP NOTICE TO PROCEED DATE: TO: Larry Pittman & Associates, Inc. 1249 Gordon Park Road Augusta, GA 30901 SUBJECT: NOTICE TO PROCEED PROJECT: JAMES BROWN BOULEVARD STREETSCAPE (P.I. NO. 009126) Gentlemen: You are hereby notified to commence work in accordance with the Agreement, within Ten (10) calendar days following the date first written above, and you are to complete the work within One Hundred Eighty (180) consecutive calendar days after the date of this notice. The date set for completion of all work is therefore * * * ACCEPTANCE OF NOTICE * Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the 17 day of 6(j/o , 20 / L . BY: / 7)/e4 ( Vii.. c et ,4 CI TITLE: Qtez [r Lf p DLA- cce„tZ '"_ D c A NP -1 SECTION GC -0 INDEX TO GENERAL CONDITIONS SECTION GC -01 Definition of Terms GC -02 Execution, Correlation and Intent of Documents GC -03 Authority of the Engineer GC -04 Contractor's Obligation GC -05 Insurance Requirements GC -06 Contractor's Breakdown of Lump Sum Payment GC -07 Subcontracting GC -08 Applicable Requirements GC -09 Permits and Licenses GC -10 Plans and Specifications GC -11 Surveys GC -12 Materials and Appliances GC -13 Schedule of Work GC -14 Field Office Facilities GC -15 Lands for Work GC -16 Contractor's Personnel GC -17 Protection of the Public and of Work and Property GC -18 Existing Structures and Utilities GC -19 Changed Conditions GC -20 Inspection of Work GC -21 Correction of Work Before Final Payment GC -22 Deductions for Uncorrected Work GC -23 Changes in the Work GC -24 Extension of Time GC -25 Clean -Up GC -26 Guarantee: Correction of the Work GC -27 Claims for Extra Cost GC -28 Separate Contracts GC -29 Rights of Various Interests GC -30 The Owner's Right to Terminate Contract GC-31 Contractor's Right to Stop Work or Terminate Contract GC -32 Removal of Equipment GC -33 Royalties and Patents GC -34 Liens GC -35 Assignment GC -36 Payments Withheld Prior to Final Acceptance of Work GC -37 Appeal GC -38 Taxes and Fees GC -0 SECTION GC GENERAL CONDITIONS GC -01. DEFINITION OF TERMS: (a) The Contract Documents shall consist of Advertisement for Bids or Notice to Contractors, Instruction to Bidders, Form of Bid or Proposal, the signed Agreement, the General and Special Conditions of Contract, the Plans, and the Specifications, including all modifications thereof incorporated in any of the documents before the execution of the Agreement. (b) The OWNER and CONTRACTOR shall mean the parties to the Agreement for the performance of the work covered by these Documents and mentioned as such in the Agreement. They are treated throughout the Contract Documents as if each were of the singular number and masculine gender. (c) The word ENGINEER shall mean the firm, CRANSTON ENGINEERING GROUP, P.C., acting through the principals thereof in the capacity of Chief Engineers of the Owner, or through any properly authorized agents of the principals acting within the scope of the particular duties entrusted to them. (d) The phrase "or equal" shall mean an item of material or equipment similar to that named and which is suited to the same use and capable of performing the same function as that named. The item proposed to be used shall be submitted to the Engineer for approval before it is employed in the work. (e) The Notice to Proceed shall be a special written work order from the Engineer giving the Contractor notice of the date on which he is to begin prosecution of the work which he has contracted. GC -02. EXECUTION, CORRELATION AND INTENT OF DOCUMENTS: The Contract Documents shall be signed in duplicate by the Owner and the Contractor. The Contract Documents are complementary and what is called for by any one shall be as binding as if called for by all. In case of conflict between plans and specifications, the specifications shall govern. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper execution of the work. Materials or work described in words which so applied have a well -known technical or trade meaning shall be held to refer to such recognized standards. GC -03. AUTHORITY OF THE ENGINEER: The Contractor shall perform all of the work herein specified under the general direction and to the entire satisfaction, approval and acceptance of the Engineer. The Engineer shall decide all questions relating to measurement of quantities, the character of the work performed and on all other matters relating to the execution and progress of the work or the interpretation of the Contract GC -1 Documents. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. He shall also have authority to reject all work and materials which do not conform to the contract. GC -04. CONTRACTOR'S OBLIGATIONS: Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract, within the time herein specified, in accordance with the provisions of this contract and said specifications and in accordance with the drawings of the work covered by this contract and in accordance with the directions of the Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain, and remove such construction plant and such temporary works as may be required. He alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances and methods, and for any damage which may result from their failure or their improper construction, maintenance, or operation. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements and limitations of the Contract and specifications, local Ordinances and State and Federal laws; and shall do, carry on and complete the entire work to the satisfaction of the Engineer. The Contractor assumes full responsibility for materials and equipment used in the construction of the work and agrees to make no claims against the Owner for damages to such materials and equipment from any cause except negligence or willful act of the Owner. Until its final acceptance, the Contractor shall be responsible for damage to or destruction of the project. He shall make good all work damaged or destroyed before acceptance. The Contractor shall defend, indemnify and save harmless the Owner, its officers, agents, servants and employees against and from all suits, losses, demands, payments, actions, recoveries, judgments and costs of every kind and description and from all damages to which the Owner or any of its officers, agents, servants and employees may be subjected by reason of injury to the person or property of others resulting from the performance of the project or through any act or omission on the part of the Contractor or his agents, employees or servants; and he shall further defend, indemnify and save harmless the Owner, its officers, agents, servants and employees from all suits and actions of any kind or character whatsoever which may be brought or instituted by any subcontractor, material man or laborer who has performed work or furnished materials in or about the Project or by, or on account of, any claims or amount recovered for an infringement of patent, trademark or copyright. GC -05. INSURANCE REQUIREMENTS: The Contractor shall secure and maintain such insurance from an insurance company authorized to write casualty insurance in the State where the work is located as will protect himself, his subcontractors and the Owner from claims for bodily injury, death or property damage which may arise from operations under this contract. The Contractor shall not commence work under this contract until he has obtained all insurance required under this paragraph and shall have filed the certificate of insurance or the certified copy of the insurance policy with the Owner. Satisfactory proof of the carriage of the insurance required shall be furnished with the executed contract documents. Each GC -2 insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without ten (10) days written notice to the Owner of intention to cancel. The amounts of such insurance shall not be less than the following: (a) Workman's Compensation and Employer's Liability Insurance shall be secured and maintained as required by the State where the work is located. (b) Public Liability, Bodily Injury and Property Damage: 1. Injury or death of one person $1,000,000 2. Injury to more than one person in a single accident 2,000,000 3. Property Damage - Each accident 1,000,000 Aggregate 2,000,000 (c) Automobile and Truck Public Liability, Bodily Injury and Property Damage: 1. Injury or death of one person $1,000,000 2. Injury to more than one person in a single accident 2,000,000 3. Property Damage - Each Accident 2,000,000 GC -06. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT: The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for his approval, a breakdown showing estimates of all costs apportioned to the major elements of equipment, material and labor comprising the total work included under any of the lump sum items shown in the proposal. These estimates, approved, will serve as a basis for estimating payments due on all partial estimates. GC -07. SUBCONTRACTING: (a) Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors. Prior to beginning any work or prior to award of contract, if requested, Contractor shall submit for approval the name of each specialty subcontractor whose bids were used in the preparation of his proposal and whose services are intended to be employed for the contract work. (b) Contractor shall not award any work to any subcontractor without prior written approval of the Engineer, which approval will not be given until the Contractor submits to the Engineer a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Engineer may require. (c) Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. GC -3 (d) Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regard terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. (e) Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner. GC -08. APPLICABLE REQUIREMENTS: The work shall comply with the Contract Documents and with all applicable codes, laws and regulations of local, state or federal agencies which may have cognizance of any part of the work. The most stringent requirement of the foregoing documents and codes shall govern. Except where the prevention of accidents is regulated by local code or ordinance, compliance is required with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America. If Contractor observes that the drawings and specifications are at a variance therewith, he shall promptly notify the Engineer in writing. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules or regulations and without such notice to the Engineer, he shall bear all costs arising therefrom. GC -09. PERMITS AND LICENSES: The Contractor shall obtain and pay for all permits and licenses of a temporary nature which are required for the execution of the work. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. GC -10. PLANS AND SPECIFICATIONS: Drawings that comprise the original plans for the Contract are listed in the Special Conditions. Unless otherwise provided in the Contract Documents, the Engineer will furnish to the Contractor, free of charge, a reasonable number of drawings and specifications for the execution of the work. All drawings, specifications and copies thereof so furnished shall not be reused on other work, and, with the exception of the signed Contract, all sets are to be returned to him on request at the completion of the work. GC -11. SURVEYS: Unless otherwise specified, the Owner shall furnish all land surveys. The Engineer shall establish all base lines for locating the principal component parts of the work together with a suitable number of bench marks adjacent to the work. From the information thus provided, the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pipe locations and other working points, lines and elevations. The Contractor shall employ only Registered Land Surveyors or Registered Professional Engineers to perform all detail surveys. GC -4 The Contractor will diligently preserve and maintain the position of all stakes, reference points and bench marks after they are set and, in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. GC -12. MATERIALS AND APPLIANCES: Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities necessary for the execution and completion of the work. Unless otherwise specified, all materials incorporated in the permanent work shall be new and both workmanship and materials shall be of good quality. Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with Specifications and suitability for uses, intended. Satisfactory evidence as to the kind and quality of materials shall be furnished by the Contractor in the form of certificates from the manufacturer or reports from the testing laboratories. Such inspections and testing, as well as the obligations for payment thereof, shall be as specified in the respective sections of the Specifications. Approval of the Engineer of any materials, plant, equipment, drawings, or of any other items executed, or proposed by Contractor, shall be construed only to constitute as approval of general design. Such approval shall not relieve Contractor from the performance of the work. GC -13. SCHEDULE OF WORK: (a) Contractor shall, within five (5) days after receipt of the notice to proceed with the work, prepare and submit to the Engineer for approval, a practicable and feasible schedule, showing the order in which he proposes to carry on the work, the date which he will start salient features and the contemplated dates for completing the same. The schedule shall be in the form of a progress chart of suitable scale to indicate approximately the percentage of work scheduled for completion at any time. Contractor shall enter on the chart the actual progress at the end of each week or at such intervals as directed by the Engineer and shall deliver three (3) copies thereof with each periodic request for payment. (b) Contractor shall furnish sufficient forces, construction plant and equipment, as may be necessary to insure the progress of the work in accordance with the approved progress schedule. If, in the opinion of the Engineer, the Contractor falls behind the progress schedule, the Contractor shall do whatever is necessary to improve his progress, and the Engineer may require him to increase the number of shifts, days of work week, length of the daily working period or the amount of the construction plant, all without additional cost to the Owner. (c) Failure of Contractor to comply with the requirements of the Engineer under this provision will be grounds for determination by the Engineer that the Contractor is not prosecuting the work with such diligence as will insure completion within the specified time limits. Upon such determination by the Engineer, the Owner may terminate the Contractor's right to proceed with the work, in accordance with the requirements of paragraph entitled "Owner's Right to Terminate Contract" GC -5 of the General Conditions. The attention of the Contractor is particularly directed to this provision of the Contract because of the absolute necessity for completion of the work covered by these specifications within the time agreed upon. GC -14. FIELD OFFICE FACILITIES: The Contractor shall provide, at a point convenient to the work, suitable office facilities for housing records, plans and contract documents. A telephone shall be provided at the Contractor's office for expediting the work and be made available for the use of the Engineer. A complete and up -to -date set of the plans and specifications shall be available at the field office at all times that the work is in progress. GC -15. LANDS FOR WORK: The Owner shall provide as indicated on the drawings and not later than the date when needed by the Contractor lands or rights -of -way upon which the work under the Contract is to be done, rights -of -way for access to same, and such other lands which are designated on the drawing for the use of the Contractor. Any delay in the furnishing of these lands by the Owner shall be deemed proper cause for equitable adjustment in both contract price and time of completion. The Contractor shall provide at his own expense and without liability to the Owner any additional land and access thereto that may be required for temporary construction facilities or for storage of materials. GC -16. CONTRACTOR'S PERSONNEL: (a) Supervision: An experienced superintendent and necessary assistants competent to supervise the particular types of work involved shall be assigned to the project by the Contractor and shall be available at all times when work is in progress. Communications given to the superintendent shall be as binding as if given directly to the Contractor. (b) Workmen: Only persons skilled in the type of work which they are to perform shall be employed. The Contractor shall at all times, maintain discipline and good order among his employees, and shall not employ on the work any unfit person or persons or anyone unskilled in the work assigned him. Adequate sanitary facilities shall be provided by the Contractor. GC -17. PROTECTION OF THE PUBLIC AND OF WORK AND PROPERTY: The Contractor shall provide and maintain all necessary watchmen, barricades, red lights and warning signs and take all necessary precautions for the protection and safety of the public. He shall continuously maintain adequate protection of all work from damage, and shall take all reasonable precautions to protect the Owner's property from injury or loss arising in connection with this contract. He shall make good any damage, injury or loss to his work and to the property of the Owner resulting from lack of reasonable protective precautions, except such as may be due to errors in the Contract Documents, or caused by agents or employees of the Owner. He shall adequately protect adjacent private or public property, as provided by law and the contract documents. GC -6 In an emergency affecting the safety of life, the , or adjoining property, the Contractor is, without special instructions or authorization of from the E , hereby adj permitted to act at his discretion to prevent such threatened loss or injury. He shall also so act, without appeal, if so authorized or instructed by the Engineer. Any compensation claimed by the Contractor on account of emergency work, shall be determined by agreement or by arbitration. GC -18. EXISTING STRUCTURES AND UTILITIES: The existence and location of structures and underground utilities indicated on the plans are not guaranteed and shall be investigated and verified in the field by the Contractor before starting work. All existing utilities, both public and private; including sewer, gas, water, electrical and telephone services, etc., shall be protected and their operation shall be maintained throughout the course of the work. Any temporary shutdown of an existing service shall be arranged between the Contractor and the responsible agency. The Contractor shall assume full responsibility and hold the Owner harmless from the result of any damage that may occur as a result of the Contractor's activities. GC -19. CHANGED CONDITIONS: The Contractor shall promptly, and before conditions are disturbed, notify the Engineer in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in the Contract; (2) unknown physical conditions, at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of Contractor provided for in the Contract; or (3) unknown physical conditions at the site which, for any reason, require a variation in the plans and specifications, or an increase or decrease in the work necessary to satisfy the Contractors' obligations under the Contract. The Engineer shall promptly investigate the conditions, and if he finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or the time required for, performance of the Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given notice as above required; provided that the Engineer may, if he determines the facts so justify, consider and adjust any such claims asserted before the date of final settlement to be made, the dispute shall be determined as provided in Section GC -37 hereof. If the Contractor, in the course of the work, finds any discrepancy between the plans and the physical conditions of the locality, or any error or omissions in plans or in the layout as given by survey points and instructions, he shall immediately inform the Engineer, and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk. GC -20. INSPECTION OF WORK: The Owner shall provide sufficient competent engineering personnel for the inspection of the work. GC -7 The Engineer and his representatives shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access, and for inspection. Inspectors shall have the power to stop work on account of a workman's incompetency, drunkenness, or willful negligence or disregard of orders. An inspector may stop the work entirely if there is not a sufficient quantity of suitable and approved materials or equipment on the ground to carry it out properly or for any good and sufficient cause. Inspectors may not accept on behalf of the Owner any material or workmanship which does not conform fully to the requirements of the contract and they shall give no orders or directions under any possible circumstances not in accordance with the Specifications. The Contractor shall furnish the inspector with all required assistance to facilitate thorough inspection or the culling over or removal of defective materials or for the thorough examination into any of the work performed or for any other purpose requiring discharge of their duties for which service no additional allowance shall be made. The inspector shall, at all times, have full permission to take samples of the materials that may or might be used in the work. Any inspection provided by the Engineers is for the purpose of determining compliance with provisions of the contract specifications and is in no way a guarantee of the methods or appliances used by the Contractor, or for the safety of the job. If the specifications, the Engineer's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be made promptly, and where practicable at the source of the supply. If any work should be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re- examination of any work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the Owner shall pay the cost of reexamination and replacement. If such work is not in accordance with the Contract Documents, the Contractor shall pay such cost. GC -21. CORRECTION OF WORK BEFORE FINAL PAYMENT: The Contractor shall promptly remove from the premises all materials condemned by the Engineer as failing to meet contract requirements, whether incorporated in the work or not, and the Contractor shall promptly replace and re- execute his own work in accordance with the contract and without expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials within ten (10) days after written notice, the Owner may remove them and may store the materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal within ten (10) day's time thereafter, the Owner may, upon ten (10) days written notice, sell such materials at auction or at private sale, and shall pay to the Contractor the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor. GC -8 GC -22. DEDUCTIONS FOR UNCORRECTED WORK: If the Engineer deems it inexpedient to correct work that has been damaged or that was not done in accordance with the contract, an equitable deduction from the contract price shall be made therefor. GC -23. CHANGES IN THE WORK: The Owner may make changes in the plans and specifications of the contract within the general scope at any time by written order and without notice to the sureties. If such changes add to or deduct from the extent of the work, the contract shall be adjusted accordingly. All such work shall be executed under the conditions of the original contract except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. In giving instructions, the Engineer shall have authority to make minor changes in the work not involving extra cost, and not inconsistent with the purposes of the work, but otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order by the Engineer, and no claim for an addition to the contract sum shall be valid unless the additional work was so ordered. The Contractor shall proceed with the work as changed and the value of any change which cannot be adjusted by an increase or a decrease in contract unit items shall be determined in one of the following ways: (a) By estimate and acceptance in a lump sum. (b) The actual cost, by keeping a correct account, including all vouchers for: (1) The actual payroll costs of all workmen, including foreman. (2) The Contractor's net cost for materials entering permanently into the work. (3) The ownership or rental cost of construction plant and equipment during period of actual use on the extra work. (4) The charges for extra power and consumable supplies. To the cost of items enumerated under (b) above shall be added a fixed fee for combined overhead and profit, not to exceed twenty percent (20 %) of the enumerated items. The allowance for combined overhead and profit so calculated shall be the only allowance included in the total cost to the Owner. Among the items considered overhead are cost for insurance, social security taxes, bond, superintendence, time keeping, clerical work, watchman, use of small tools, general office expense and miscellaneous. If none of the above methods are agreed upon, the Contractor, providing he receives an order in writing, shall proceed with the work. In such cases and also under case 2 he shall keep a record of GC -9 and present in such form as the Engineer may require, a correct amount of net cost of labor and materials, together with vouchers. In any case, the Engineer shall certify to the amount, including a reasonable allowance for overhead and profit to the Contractor. Pending final determination of value, no payment on account of changes shall be made on any estimate. GC -24. EXTENSION OF TIME: Extension of time stipulated in the contract for completion of the work will be made if and as the Engineer may deem proper, when work under change order as herein before provided is added to the work under this contract; and when the work of the Contractor is delayed on account of conditions which could not have been foreseen, or which were beyond the control of the Contractor, and which were not the result of his fault or negligence. Extension of time for completion shall also be allowed for any delays in the progress of the work caused by any act or neglect of the Owner or of his employees or by other Contractors employed by the Owner, or delay due to an act of Government, or by any delay in the furnishing of plans and necessary information by the Engineer, or by any other cause which in the opinion of the Engineer entitles the Contractor to an extension of time. Strikes and other labor disputes shall be cause for an extension of time. The Contractor shall notify the Engineer promptly of any occurrence or conditions which in the Contractor's opinion entitle him to an extension of time. Such notice shall be in writing and shall be submitted in ample time to permit full investigation and evaluation of the Contractor's claim. The Engineer shall acknowledge receipt of the Contractor's notice within five (5) days of its receipt. Failure to provide such notice shall constitute a waiver by the Contractor of any claim. GC -25. CLEAN -UP: Contractor shall keep the premises free from the accumulation of waste material and rubbish, and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc, and leave his work in a clean condition, satisfactory to the Engineer. GC -26. GUARANTEE: CORRECTION OF THE WORK: Contractor shall guarantee all items of work to be free from defects in workmanship and material for a period of one year after final acceptance by the Owner. Contractor shall re- execute at his own expense, any work that fails to conform to the requirements of the Contract Documents, including any defects which appear up to one year after the date of final acceptance of the completed project. Provisions of this article apply to all work executed by subcontractors, vendors and direct employees of Contractor. GC -27. CLAIMS FOR EXTRA COST: If the Contractor claims that any instructions by drawings or other media issued after the date of the Contract involved extra cost under this Contract, he shall give the Engineer written notice thereof within seven (7) days after the receipt of such instructions, and in any event before proceeding to execute the work, except in emergencies endangering life or property, and the procedure shall then be as provided for changes in the work. No such claims shall be valid unless so made. GC -10 GC -28. SEPARATE CONTRACTS: The Owner reserves the right to let other contracts in connection with this work. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. His failure so to inspect and report shall constitute an acceptance of the other Contractor's work as fit and proper for the reception of his work, except as to defects which may develop in the other Contractor's work after the execution of his work. To insure the proper execution of his subsequent work the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the drawings. GC -29. RIGHTS OF VARIOUS INTERESTS: Whenever work being done by the Owner's forces or by other Contractors is contiguous to work covered by the Contract, the respective rights of the various interests involved shall be established by the Engineer, to secure the completion of the various portions of the work in general harmony. If, through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor shall settle with such other Contractor or Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so settle. If such other Contractor or Subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and save harmless, the Owner against any such claim. GC -30. THE OWNER'S RIGHT TO TERMINATE CONTRACT: If the Contractor should be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payments to Subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner, upon the certificate of the Engineer that sufficient cause exists to justify such action may, without prejudice to any other right or remedy and after giving the Contractor seven (7) days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall GC -11 be paid the or. If such exse ll ech npl, Contractor all pay the difference to the Owner. The expense incurred by xceed the Owner as herein provided and act the damag incurred through the Contractor's default, shall be certifi su ed by the En ance GC -31. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE the CONTRACT: sh If the Contract work should be stopped under sha an order of any court, or other public nt authority, for period of to three months, through no act or fault of the Contractor u or aid of anyone employed by him, or if the Engineer should fail to issue any estimate within ten (10) days after it is due, or if the Owner should fail to pay the Contractor within fifteen (15) days of its maturity and presentation any sum certified by the Engineer or awarded by arbitrators, then the Contractor may, upon seven (7) days' written notice to the Owner and the Engineer, stop work or terminate this contract and recover from the Owner payment for all work executed, plus any loss sustained upon any plant or materials plus reasonable profit and damages. GC -32. REMOVAL OF EQUIPMENT: In the case of termination of this Contract before completion from any cause whatever, the Contractor, if notified to do so by the Owner, shall promptly remove any part or all of his equipment and supplies from the property of the Owner, failing which the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor. GC -33. ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof except that the Owner shall be responsible for all such loss when a particular process or the product of a particular manufacturer or manufacturers is specified unless the Owner has notified the Contractor prior to the signing of the Contract that the particular process or product is patented or is believed to be patented. GC -34. LIENS: Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Owner a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit which certifies so far as he has knowledge or information that the releases and receipts include all the labor and materials for which a lien could be filed; but the Contractor may, if any Subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Engineer, to indemnify the Owner against any such lien. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. GC -35. ASSIGNMENT: Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due him hereunder, except to GC -12 a bank or financial institution acceptable to the Owner. In case the Contractor assigns all or any part of any monies due or to become due under this contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to prior liens of all persons, firms and corporations for services rendered or materials supplied for the performance of the work called for in this Contract. GC -36. PAYMENTS WITHHELD PRIOR TO FINAL ACCEPTANCE OF WORK: The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims by other parties against the Contractor. (c) Failure of the Contractor to make payments properly to Subcontractors or for material or labor. (d) Damage to another Contractor. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner which will protect the Owner in the amount withheld, payment shall be made for amounts withheld, because of them. GC -37. APPEAL: (a) General: Both parties of the Contract agree that as conditions precedent to the filing of an action in any court involving the amount or rate of payment of settlement for work performed by the Contractor under these contract documents, and as a condition precedent to the liability of the Owner for any amount other than contained in the estimates approved by the Engineer, any questions at issue involving the amount or rate of settlement of liability of the Owner for an amount other than as shown by the estimates approved by the Engineer, shall be referred to arbitration for decision and award. The arbitrator or board of arbitration shall have authority only to pass upon questions involving compensation to the Contractor for work actually performed but not allowed by the Engineer, and its authority shall not extend to the interpretation of the plans and specifications or the determination of the qualities of materials or workmanship furnished, nor shall it have authority to set aside or modify the terms or requirements of the contract. Notwithstanding any provision of this contract, the Owner shall have the right at any time to file suit for breach of contract, should any of the terms and conditions of this contract be breached by the Contractor, and that no provision of this contract shall be so construed as to prevent the Owner from filing suit for breach of contract at any time the terms and conditions of this contract are breached by the Contractor. (b) Selection of Arbitrators: The parties may agree on one arbitrator; otherwise a board of arbitration shall consist of three persons, one to be named in writing by each party to this contract GC -13 within five (5) days after notice of arbitration is served by either party upon the other, and the third member chosen by the first two so named within five (5) days after notice of selection. In determining the award, the majority of the board shall govern. Certified copies of the findings and award shall be filed with the Owner and the Contractor. (c) Compensation: The arbitrator or board of arbitration shall make such rules as it shall determine equitable to govern itself in the conduct of the investigation and determination of the award. Said member or members shall fix the amount of the cost of the proceedings including a fair and reasonable compensation to the arbitrators, and shall determine how the total cost shall be borne. GC -38. TAXES AND FEES: The Contractor shall pay all sales taxes and other applicable taxes and fees. GC -14 SECTION SC -0 INDEX TO SPECIAL CONDITIONS SECTION SC -01. Scope of the Work SC -02. List of Drawings SC -03. Protection of the Environment SC -04. Record Drawings SC -05. Modifications to the General Conditions SC -06. Final Acceptance City and Owner SC -07. Traffic Control SC -08. Proposed Paving Plan SC -09. Bonds SC -10. Temporary Toilets SC -11. Plans and Specifications Furnished SC -12. Shop Drawings SC -13. Existing Structures SC -14. Salvage Material SC -15. Referenced Specifications SC -16. Surveys SC -17. Georgia Prompt Pay Act SC -18. Disputes SC -19. Interest not Earned on Retainage SC -20. Inspection and Testing of Work SC -21. Compliance with Laws, Codes, Regulations, etc. SC -22. After Hours Inspection SC -23. Masters Golf Tournament SC -24. Preconstruction Conference SC -0 SECTION SC SPECIAL CONDITIONS SC -01. SCOPE OF THE WORK: The project referred to in the Agreement shall consist the construction and installation a brick and concrete sidewalk with handicap ramps and installation of of trees, trench drains, and trash receptacles, including all necessary materials, labor, machinery, etc. SC -02. LIST OF DRAWINGS: DATE SHEET NO. TITLE ORIGINAL REVISED 1. Cover Sheet 04/29/13 12/02/2013 2. Index Sheet 04/29/13 3. General Notes 04/29/13 12/02/2013 4. Typical Sections 04/29/13 11/22/2013 5. Details 04/29/13 11/22/2013 6. Kiosk - Wayfinding Sign - Footing Details 04/29/13 7. Kiosk - Wayfinding Sign - Footing Details 04/29/13 8. Kiosk - Wayfinding Sign - Elevations Detail 04/29/13 9. Summary of Quantities/Detailed Estimate 04/29/13 12/02/2013 10. Demolition Plans 04/29/13 11. Demolition Plans 04/29/13 12. Demolition Plans 04/29/13 13. Construction Plans 04/29/13 11/22/2013 14. Construction Plans 04/29/13 11/22/2013 15. Construction Plans 04/29/13 11/22/2013 16. Staking Plans 04/29/13 17. Staking Plans 04/29/13 18. Staking Plans 04/29/13 19. Erosion, Sedimentation & Pollution Control Plans Cover 04/29/13 Sheet 20. Erosion, Sedimentation & Pollution Control Plans General 04/29/13 Notes 21. Erosion, Sedimentation & Pollution Control Plans Details 04/29/13 22. Initial Erosion, Sedimentation & Pollution Control Plans 04/29/13 23. Intermediate Erosion, Sedimentation & Pollution Control 04/29/13 Plans 24. Final Erosion, Sedimentation & Pollution Control Plans 04/29/13 25. Erosion, Sedimentation & Pollution Control Plans 04/29/13 Drainage Map SC -1 STANDARD GEORGIA DEPARTMENT s OF TRANSPORTATION D INCLUDED IN THE PLANS GDOT REVIS GDOT GDOT TITLE D ATE SHEET NO. 1019B Standard Drop Inlet Types V -1 and V -2 August 1999 9032B Standard Concrete Curb & Gutter Concrete Curbs, Concrete 01/27/2011 Medians 9054 -A Standard Erection and Foundation Detail for Special Roadside 10/28/1981 Signs Break Away Type Posts 9054 -B Standard Erection and Foundation Details for Special Roadside 03/26/1987 Signs Break Away Type Posts 9054 -C Standard Erection and Foundation Details for Special Roadside 10/28/1981 Signs Break Away Type Posts 9100 Standard Traffic Control General Notes, Standard Legend, and 03/30/2006 Miscellaneous Details 9102 Standard Traffic Control Detail for Lane Closure on Two -Lane 03/30/2006 Highway Al Driveways with Tapered Entrances Concrete Valley Gutters 07/21/2011 A2 Concrete Valley Gutter at Street Intersection 07/22/2011 A3 Special Details - Concrete Sidewalk Details Curb Cut (Wheelchair) Ramps 06/18/2009 A4 Detectable Warnings Surface Truncated Dome Size, 06/19/2009 Spacing & Alignment Requirements El Erosion Control Legend and Uniform Sheet (Sheet 1 of 6) 11/13/2007 E2 Erosion Control Legend and Uniform Sheet (Sheet 2 of 6) 11/14/2007 E3 Erosion Control Legend and Uniform Sheet (Sheet 3 of 6) 11/15/2007 E4 Erosion Control Legend and Uniform Sheet (Sheet 4 of 6) 11/16/2007 E5 Erosion Control Legend and Uniform Sheet (Sheet 5 of 6) 11/17/2007 E6 Erosion Control Legend and Uniform Sheet (Sheet 6 of 6) November 2007 T -11A Details of Pavement Markings Placement Non - Limited Access January 2000 Roadway T -20 Construction Detail - Traffic Control Pedestrian Accessibility 10/16/2008 Around Workzone - Sidewalk Diversion T -21 Construction Detail - Traffic Control Pedestrian Accessibility 10/16/2008 Around Workzone - Sidewalk Detour T -22 Construction Detail — Traffic Control Pedestrian Accessibility 10/16/2008 Around Workzone - Midblock Crossing and Sidewalk Detour SC -03. PROTECTION OF THE ENVIRONMENT: The Contractor will carefully schedule his work so that a minimum amount of the exposed earth will be subject to erosion by rainfall or wind, and he will provide means satisfactory to the SC -2 Engineer to minimize the transportation of silt and other deleterious material from the project area into adjacent water courses. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in conformance with printed instructions. SC -04. RECORD DRAWINGS: The Contractor will maintain in his office one complete set of drawings (including any supplemental sketches) pertaining to the project upon which, at the end of each day's work any deviations from the construction lines shown thereon and all changes ordered by the Engineer will be shown accurately in red pencil. If necessary, supplemental drawings will be made to show details of deviations or changes, and these will be kept with the marked set. The drawings will be available to the Engineer for inspection during construction and at the completion of construction. Prior to submitting his estimate for final payment, the drawings will be transmitted to the Engineer for preparation of record drawings. As -built drawings will also be provided to the City with a letter of receipt before final payment will be made. SC -05. MODIFICATIONS TO THE GENERAL CONDITIONS: GC -12. MATERIALS AND APPLIANCES, is amended by the addition of the following paragraphs: "The Contractor shall use suppliers on the approriate Georgia Department of Transportation (GDOT) Qualified Products List (QPL)." GC -14. FIELD OFFICE FACILITIES is hereby deleted and is therefore null and void. GC -14. FIELD OFFICE FACILITIES is hereby deleted and is therefore null and void. GC -26. GUARANTEE: CORRECTION OF THE WORK is amended to read as follows: "The Contractor shall guarantee to the Owner and to Augusta- Richmond County, Georgia, all items of work to be free from defects in workmanship and material for a period of one year after final acceptance by the City and the Owner. The Contractor shall re- execute at his own expense, any work that fails to conform to the requirements of the Contract Documents, and the City, including any defects which appear within one year after the date of final acceptance of both the City and the Owner of the completed project. With the exception of Sections 702 - Vine, Shrub and Tree Planting and 900A - Brick Pavers, Section 702 shall have a maintenance requirement of two growing seasons, see Section 702 in the GDOT Shelf Special Provisions for further details at http: /www.dot.state.ga.us /doing business /TheSource /Pages /special_provisions.aspx. The Contractor shall provide a two year warranty against the settlement of Brick Pavers, see Section 900A in the Specific Special Provisions, herein, for further details. Provisions of this article apply to all work executed by subcontractors, vendors and direct employees of Contractor." SC -3 GC -30, THE OWNER'S RIGHT TO TERMINATE CONTRACT, is amended by the addition of the following paragraphs: "The Owner may exercise the rights under this Section on a portion of the work without suspending this Contract regarding the other portions of the work." "Should Owner, under the provisions of this article, provide labor and materials for any part of the work, it shall not act to terminate the employment of Contractor for any other balance of the work. The deduction from the contract amount for such work shall be stated in the breakdown furnished by the Contractor before the contract is signed." SC -06. FINAL ACCEPTANCE CITY AND OWNER: Notwithstanding any other obligations of the Contractor, he shall complete the work to the full satisfaction of the City Engineer and the Engineer. Before final payment is requested and as a precedent to final acceptance, he shall present the Owner with a letter from the City Engineer stating that the entire project is acceptable to the City. This provision shall not relieve the Contractor of his responsibilities for guarantees. SC -07. TRAFFIC CONTROL: Traffic control shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) of the Federal Highway Administration, latest edition. The Contractor shall give prior written notification to and shall obtain the approval of the Augusta Fire Department, Police Department, Emergency Medical Services, and the Augusta Traffic Engineering Department of any street closures. Traffic control plans shall be reviewed by and approved by Augusta Traffic Engineering prior to beginning construction. Contractor will provide continuous access to business and residences while construction activities are taking place. SC -08. PROPOSED PAVING PLAN: Contractor shall submit a "Proposed Paving Construction Plan," showing joint types and locations for approval by the Engineer. All contraction joints, expansion joints, and construction joints shall be placed on the "Proposed Paving Construction Plan." SC -09. BONDS: The Contractor will include in the lump sum payment for grading complete the cost of his performance and payment bonds. SC -10. TEMPORARY TOILETS: Contractor shall provide temporary toilet facilities on the site for workmen employed in the construction work. Toilets shall be adequate for the number of men employed and shall be maintained in a clean and sanitary condition. Workmen shall be required to use only these toilets. At completion of the work, toilets used by Contractor shall be removed and premises left in the condition required by the Contract. SC -4 SC -11. PLANS AND SPECIFICATIONS FURNISHED: The Contractor will be furnished, free of charge, by the Owner two (2) sets of direct black line prints together with a like number of complete bound specifications for construction purposes. Additional sets of plans and /or specifications will be furnished to the Contractor at the cost of reproduction upon his written request. SC -12. SHOP DRAWINGS: The Contractor shall submit to the Engineer for his review shop drawings, cuts, diagrams, bar lists, steel details and other descriptive data on every item, where shown on the drawings or specified herein. The Contractor shall check all submittals and so indicate on each copy thereof. Five copies of such shop drawings shall be submitted to the Engineer before ordering of the material. Submittals which have not been checked by the Contractor will not be reviewed by the Engineer. Reviews by the Engineer of submittals will cover only general conformity with the project requirements, while responsibility for detailed conformity shall remain with the Contractor. The Contractor will be notified by mail of the results of the submittal reviews within ten (10) days of the receipt by the Engineer thereof. SC -13. EXISTING STRUCTURES: Where sidewalks, street signs, private signs, pipelines, walls, sidewalks, fences, etc, are removed in accomplishing the work, each and every item will be replaced in the same or better manner or condition than that in which it was before construction began. The Contractor will protect and hold harmless the Owner from any suit, action, or dispute whatever arising from the Contractor's work adjacent to private property. SC -14. SALVAGE MATERIAL: All existing installations to be removed, including but not limited to masonry and concrete rubble, asphalt, pipe, etc. will be disposed of at an approved location by the Contractor. SC -15. REFERENCED SPECIFICATIONS: Where specifications or standards of trade organizations and other groups are referenced in these specifications, they are made as much a part of these specifications as if the entire standard or specification were reprinted herein. The inclusion of the latest edition or revision of the referenced specification or standard is intended. SC -16. SURVEYS: The Engineer has established a benchmark for locating the principal component parts of the work. From the information thus provided, the Contractor shall develop and make all detail surveys needed for construction lines and elevations. The Contractor shall employ only Registered Land Surveyors or Registered Professional Engineer to perform all detail surveys. SC -5 The Contractor will diligently preserve and maintain the position of all stakes, reference points and bench marks after they are set and, in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. SC -17. GEORGIA 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 shall control. SC -18. DISPUTES: All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided 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. SC -19. INTEREST NOT EARNED ON RETAINAGE: Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due to the Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. SC -20. INSPECTION AND TESTING OF WORK: The Owner will employ a qualified materials testing laboratory, hereinafter referred to as the Laboratory, to monitor more fully on the Owner's behalf the quality of materials and work, and to perform such tests as may be required under the Contract Documents as conditions for acceptance of materials and work. The Laboratory will be solely responsible to and paid separately by the Owner. The timing of the work of the Laboratory will be coordinated by the Engineer through his duly authorized inspector. The laboratory shall meet the requirements outlined in the Georgia Department of Transportation (GDOT) Sampling Testing and Inspection Guide. The Owner will bear the cost of testing a particular material or area of the work once. Where retesting is required following corrective measures or under other circumstances, the Contractor shall reimburse the Owner for the cost of additional testing. SC -21. COMPLIANCE WITH LAWS, CODES, REGULATIONS, ETC.: Supplementing the provision of the GENERAL CONDITIONS, the successful bidder awarded this contract by signing the contract acknowledges the following, however, this is not to be construed as all inclusive or being these only: SC -6 A. Underground Gas Pipe Law: The Contractor signing the contract acknowledges that he is fully aware of the contents and requirements of "Georgia Laws 1969, Pages 50 and the following, and any amendments and regulations pursuant thereto ", and the Contractor shall comply therewith. B. High Voltage Act: The Contractor by signing the contract acknowledges that he is fully aware of the contents and requirements of "Act No. 525, Georgia law 1960, and any amendments thereto, and Rules and Regulations of the commissioner of Labor pursuant thereto" (the preceding requirements within quotation marks being hereinafter referred to as the "high voltage act "), and the Contractor shall comply therewith. The signing of contractor shall also confirm on behalf of the Contractor that he: 1. has visited the premises and has taken into consideration the location of all electrical power lines on and adjacent to all areas onto which the contract documents require to permit the Contractor either to work, to store materials, or to stage operations, and 2. that the Contractor has obtained from the Owner of the aforesaid electric power lines advice in writing as to the amount of voltage carried by the aforesaid lines. The Contractor agrees that he is the "person or persons responsible for the work to be done" as referred to in the high voltage act and that accordingly the Contractor is solely "responsible for the completion of the safety measures which are required by Section 3 of the high voltage act before proceeding with any work." The Contractor agrees that prior to the completion of precautionary measures required by the high voltage act he will neither bring nor permit the bringing of any equipment onto the site (or onto any area or areas onto which the contract documents require or permit the Contractor to work, to store materials, or to stage operations) with which it is possible to come within eight feet of any high voltage line or lines pursuant to operations arising out of performance of the Contract. The foregoing provisions apply to power lines located (a) on the site and (b) on any area or areas onto which the contract documents require or permit the Contractor either to work, to store materials, or to stage operations, or (c) within working distance for equipment or materials, being used on (a) and (b) above. These provisions of the Contract do not limit or reduce the duty of the Contractor otherwise owed to the Owner, to other parties, or to both. The Contractor agrees that the foregoing provisions supplement provisions of the General Conditions. The Contractor agrees and acknowledges that any failure on his part to adhere to the high voltage act shall not only be a violation of law but shall also be a breach of contract and specific violation of the provisions of the General Conditions which pertains to safety precautions. C. Occupational Safety & Health Act: The Contractor by signing the contract acknowledges that he is fully aware of the provisions of the Williams- Steiger Occupational Safety and Health Act of 1970 and he shall comply therewith. SC -7 SC -22. AFTER HOURS INSPECTION: If the Contractor opts to work before or after normal working hours, 8 a.m. to 5 p.m., Monday through Friday, or on Augusta, Georgia Legal Holidays, then the Contractor must pay for the cost of inspection by the City of Augusta, Georgia and follow all necessary procedures listed in "Section 15, Right -of -way Encroachment Guidelines, Part E, Outside of Normal Working Hours," of the Augusta- Richmond County Planning Commission Development Documents dated September, 1999. If inspectors of Augusta- Richmond County are needed to work outside normal business hours, Augusta- Richmond County needs to be notified in advance. SC -23. MASTERS GOLF TOURNAMENT: Any work planned to be accomplished during or directly before the Masters Golf Tournament must be submitted to and approved in writing by the Owner. Consideration will be given only for contract time extensions as a result of delays in accomplishing the work. No consideration will be given for claims for damages. SC -24. PRECONSTRUCTION CONFERENCE: A preconstruction conference will be required with at a minimum the sponsor, contractor, and GDOT engineer in attendance. The Disadvantage Business Enterprise (DBE) firms identified on the project will be invited to the preconstruction conference to all parties and steps are taken to assure their use on the project. SC -8 SECTION SPL SD TECHNICAL PROVISION INDEX GEORGIA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS All specifins, special provisions, and supplemental specifications listed on this page apply to this project. The Standard Specifications are available at the GDOT website, unless otherwise indicated: http: / /www. dot. catio state. ga. us /doingbusiness/TheSource /Pages /specifications.aspx The Shelf Special Provisions, Supplemental Specifications Published in 2008, and Supplemental Specifications Not Published in 2008 are available at the GDOT website and are listed below: http: / /www. dot. state .ga.us /doingbusiness/TheSource /Pages /special provisions.aspx Shelf Special Provisions: 2001 Standard Specifications Editorial and Errata Corrections Revised: May 2, 2006 Section 103 - Award and Execution of Contract (Federal Aid Projects), Subsection 103.02 Date: December 12, 2002 Section 108 - Prosecution and Progress, Subsection 108.01 Date: April 3, 2009 Section 108 - Prosecution and Progress, (Federal and Projects), Subsection 108.06 Date: May 29, 2001 Section 150 - Traffic Control Revised: August 1, 2012 Section 161 - Control of Soil Erosion and Sedimentation Revised: July 15, 2008 Section 163 - Miscellaneous Erosion Control Items Revised: April 22, 2011 Section 165 - Maintenance of Temporary Erosion and Sedimentation Control Devices Revised: July 15, 2008 Section 167 - Water Quality Monitoring Revised: July 15, 2008 SPL -1 Section 171 - Silt Fence Revision Date: May 12, 2008 Section 400 - Hot Mix Recycled Asphaltic Concrete - On System (On- System) Revised: October 24, 2011 Section 653 - Standard and Wet Weather Thermoplastic Traffic Stripe Last Revised: August 24, 2012 Section 700 - Grassing Revised: July 26, 2012 Section 702 - Vine, Shrub, and Tree Planting Revised: May 10, 2011 Section 815 - Graded Aggregate November 5, 2010 Supplemental Specification Published in 2008: Section 210 - Grading Complete First Use Date: June 22, 2007 Section 441 - Miscellaneous Concrete, Subsection 441.3 First Use Date 2001 Specifications: November 18, 2005 Section 500 - Concrete Structures First Use Date: November 17, 2006 Section 610 - Removal of Miscellaneous Roadway Items First Use Date: May 19, 2006 Supplemental Specifications Not Published in 2008: Section 108 - Prosecution and Progress, Subsection 108.08 Revised: January 25, 2009 SPL -2 SECTION SP -0 INDEX TO PROJECT SPECIFIC SPECIAL PROVISIONS SECTION TITLE NO. OF PAGES 009A Irrigation Bags 2 009B Kiosk (Wayfinding Sign) 3 161 Control of Soil Erosion and Sedimentation 1 610 Removal of Miscellaneous Roadway Items 1 611 Relaying, Reconstructing or Adjusting to Grade of 1 Miscellaneous Roadway Structures 702 Vine, Shrub, and Tree Plantings 2 754 Trash Receptacles 2 900A Brick Pavers 6 900B Trench Drains with Grates 2 SP -0 SECTION 009A IRRIGATION BAGS Date: December 19, 2011 Rev. 4/26/2012 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION PROJECT No.: CSSTE- 0009 - 00(126) RICHMOND COUNTY P .I. NO.: 000 Section 0 09A — Irrigation Bags Add the following: 009A.1 General Description The work specified in this section consists of furnishing and installing the irrigation bags. This work shall include all labor equipment and the Contractor's warranty used to install irrigation bags. The work shall also include final inspection and approval of installation by the Engineer. 009A.1.01 Definitions General Provisions 101 through 150. 009A.1.02 Related References A. Standard Specifications Section 702 — Vine, Shrub, and Tree Planting 009A.1.03 Submittals General Provisions 101 though 150 A. Product Data: Submit Manufacturer's technical data for each manufactured product including certification that each product complies with specified requirements. 009A.2 Materials A. Requirements All irrigation bags furnished shall be new and meet the requirements in the following: 009A -1 • Manufacturers: Tre egato r , Oas or A pproved Equa • Product N am e /Num /T T r eeg ator Original o r Oasis OTWB or Equal • W ater: Provide wa ter tha i cl ean, p otable and fr of materials. B. Contractor and M a terial W arr a n ty • Provide manufacturer's warranties and guarantees for all materials to be free , • Contractor shall certify to Engineer in writing that the installation is in of defects accordance if app licable. he with t requirements. 009 A.3 Construction Requirements A. Preparations The Contractor shall follow the manufacturer's instructions for installing the irrigation bags. In addition, the Contractor shall follow these guidelines when installing the irrigation bags: • Do not use irrigation bags with chips, cracks, voids, discolorations and other defects that might be visible or cause staining finished work. • Install irrigation bags on the approved trees. B. Delivery, Storage, and Handling The Contractor shall protect the materials during storage and installation against wetting by rain, snow or groundwater and contamination from other types of materials. C. Installation The Contractor shall install the irrigation bags in accordance with Manufacturer's specifications. D. Watering Contractor is responsible for filling the irrigation bags with clean, potable water as needed until the project is completed and accepted by the engineer. 009A.4 Measurement The work is measured for payment per each which includes all work necessary to install the irrigation bags, filling the irrigation bags with potable water until project is taken over by client, and any incidentals. 009A.5 Payment This work will be paid for at the Contract Unit Price per each. Such payment will be full compensation for furnishing all labor and materials necessary to complete the work including materials, water, equipment, handling, placing, repair warranty and any incidentals. Payment will be made under: Item No. 009 Irrigation Bag Per Each 009A -2 SECTION 009B OSK YNG SIGN) 1 Da te: December 19, 201 Rev. 4/26/2012 DEPARTMENT OF T (WAN STATE OF GEOR SPECIAL PROVIS PROJECT NO.: CSSTE- 0009 - 00(126) RICHMOND COUNTY P.I. NO.: 0009126 S ection 0098 — Kiosk (Wayfinding Signage) Add the following: 009B.1 General Description The work specified in this section consists of furnishing and installing the kiosk ( wayfinding signage). This work shall include all labor equipment and the Contractor's warranty used to install the kiosk (wayfinding signage). The work shall also include final inspection and approval of installation by the Engineer. 009B.1.01 Definitions General Provisions 101 through 150. 009B.1.01 Related References A. Standard Specifications Section 310 — Graded Aggregate Construction Section 441 — Miscellaneous Concrete Section 900 — Brick Pavers 009B.1.03 Submittals General Provisions 101 though 150 A. Product Data: Submit Manufacturer's technical data for each manufactured product including certification that each product complies with specified requirements. B. Samples: Submit one set of samples for the each kiosk (wayfinding signage) materials. 009B -1 009B.2 Materials A. Requirements The kiosk ( wayfinding signage) materials shall be new, match the existing City of Augusta kiosks (wayfinding signage) and meet the requirements in the following: • Decorative Base Poles • Manufacturer: Sternberg, HAPCO or Approved Equal • Product Name: Sternberg 4500 or HAPCO Georgetown Base (GES) or Approved Equal • Size: 3" Diameter • Material: 1/4" Thick Aluminum • Puckered Panel • Manufacturer: Rigidized Metal Corp, Alibaba, or Approved Equal • Product Name: Rigidized Metal Corp., 110 Gauge Alum., 6 -HC Pattern, mill finished; Alibaba PDFE Dimple Sheet, 3 -100 mm or Approved Equal • Small Fluted Pole • Manufacturer: Sternberg, HAPCO or approved Approved Equal • Product Name: Sternberg 4500 or HAPCO Georgetown Base (GES) or Approved Equal • Size: 2" Diameter • Material: 1/4" Thick Aluminum • Artwork • Manufacturer: Aluminage, Slimline Warehouse, or Approved Equal • Material: 1/8" Thick Aluminum • Poster Display • Manufacturer: DisplaysToGo, Fossil Industries, or Approved Equal • Product Name: DispaysToGo Slimline Satin Silver Aluminum Poster Display with hinged door, Fossil Industries Phenolic Embedment or Approved Equal B. Contractor and Material Warranty • Provide Manufacturer's warranties and guarantees for all materials to be free of defects, if applicable. • Contractor shall certify to Engineer in writing that the installation is in accordance with the requirements. 009B.3 Construction Requirements A. Quality Assurance Provide an experienced installer who has successfully installed kiosks, highway signs, and/or other road signage. B. Delivery, Storage, and Handling The Contractor shall protect kiosk ( wayfmding signage) materials during storage and construction against wetting by rain, snow or groundwater and contamination from other types of materials. 009B -2 C. Installation The Contractor shall install the kiosk (wayfinding signage) in accordance with plans and Manufacturer's specifications. 009B.4 Measurement The work is measured for payment per each which includes all work necessary to construct the kiosk (wayfinding signage) including any incidentals. 0098.5 Payment This work will be paid for at the Contract Unit Price per each. Such payment will be full compensation for furnishing all labor and materials necessary to complete the work including materials, aggregate, concrete base, equipment, handling, placing, repair warranty and any incidentals. Payment will be made under: Item No. 009 Kiosk (Wayfinding Signage) Per Each 009B -3 S ECTION 161 CONTROL SOIL EROSIO AND SED te: IM ENTATION a De cember 19, 2011 DEPART OF T STATE OF OF GEORGIA SPECIAL PROVISION PROJECT No.: CSSTE- 0009 - 00(126) RICHMOND COUNTY P.I. NO.: 0009126 Section 161 — Control of Soil Erosion and Sedimentation Add the following: 161.1 General Description This Work includes using control measures shown on the Plans, ordered by the Engineer, or as required during the life of the Contract to control soil erosion and sedimentation through the use of any of the devices or methods referred in this Section. Such measures will include installation, maintenance and removal of the following: Temporary Grassing, Temporary Mulch, Inlet Sediment Traps (as shown on the Plans), and Miscellaneous Control Structures. 161.4 Measurement Control of soil erosion and sedimentation as shown on the plans and listed herein shall be measured per lump sum. 161.5 Payment This item completed and accepted will be paid for at a lump sum price bid. All Payment is full compensation for all work and furnishing the materials and performing the work as specified in this section. Payment will be made under: Item No. 161 Control of Soil Erosion and Sedimentation Per Lump Sum 161 -1 SECTION 610 REMOVAL OF MISCELLANEOUS ROADWAY ITEMS Date: December 19, 2011 Rev. 6/27/12 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION PROJECT No.: CSSTE- 0009 - 00(126) RICHMOND COUNTY P.I. NO.: 0009126 Section 610 — Removal of Miscellaneous Roadway Items Delete Section 610.5 and add the following: 610.5 Payment This work will be paid for at the Contract Unit Price per each. Such payment will be full compensation for furnishing all labor and materials necessary to complete the work including materials, equipment, handling, placing, repair warranty and any incidentals. Payment will be made under: Item No. 610 Remove Highway Sign Per Each Item No. 610 Remove Lighting Standard (Street Light) Per Each 610 -1 SECTION 611 RELAYING, RECONSTRUCTING OR ADJUSTING TO GRADE OF MISCELLANEOUS ROADWAY STRUCTURES Date: December 19, 2011 Rev. 6/27/2012 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION PROJECT No.: CSSTE- 0009 - 00(126) RICHMOND COUNTY P.I. NO.: 0009126 Section 611 — Relaying, Reconstructing, or Adjusting to Grade of Miscellaneous Roadway Structures Delete Section 611.5 and add the following: 611.5 Payment This work will be paid for at the Contract Unit Price per each. Such payment will be full compensation for furnishing all labor and materials necessary to complete the work including materials, equipment, handling, placing, repair warranty and any incidentals. Payment will be made under: Item No 611 Reconstruct Catch Basin, Group 1 (Top Only) Per Each Item No. 611 Reset Highway Signs Per Each Item No 611 Reset Lighting Standard (Street Lights) Per Each 611 -1 S e ECTION 2 VINE , S HRUB, AND TREE PLANTINGS Date December 19, 2011 70 Rev. 4/26/2012 DEPARTMENT TRANS STATE OF GEOR SPECIAL OF PROVIS PROJECT No.: CSSTE- 0009 - 00(126) RICHMOND COUNTY P.I. NO.: 0009126 Se ction 702 — Vine, Shrub, and Tree Plantings Delete S ect i on7 0 2.4 and add the following: 702.4 M easureme nt A. Plants Plants of the name and size specified are measured for payment according to the number planted that are st living and in an acceptable condition at the time of Final Acceptance. B. Fertilizer Fertilizer, lime, and plant topsoil used in prepared plant topsoil or plant bed preparation are not measured for separate payment. C. Perimeter Stakes Perimeter stakes are not measured for separate payment. D. Clearing and Grubbing Clearing and grubbing is not measured for payment. Delete Section702.5 and add the following: 702.5 Payment This work will be paid for at the Contract Unit Price as shown. Such payment will be full compensation for furnishing all labor and materials necessary to complete the work including materials, equipment, handling, placing, repair warranty and any incidentals. 702 -1 Payment will be made under: Item No. 603 Non - Biodegradable Fabric Separator — 24 s.f. Per Each Item No. 603 Non - Biodegradable Fabric Separator — 30 s.f. Per Each Item No. 702 Ginkgo biloba 'Mygar' Per Each Item No. 702 Lagerstroemia indica ' Yuma' Per Each Item No. 702 Landscape Mulch Square Yards Item No. 708 Plant Top Soil Cubic Yards 702 -2 SECTION 754 TRASH RECEPTACLES Date: December 19, 2011 Rev. 4/26/2012 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION PROJECT No.: CSSTE- 0009 - 00(126) RICHMOND COUNTY P.I. NO.: 0009126 Section 754 — Trash Receptacles Add the following: 754.1 General Description The work specified in this section consists of furnishing and installing the trash receptacles. This work shall include all labor equipment and the contractor's warranty used to install the trash receptacles. The work shall also include final inspection and approval of installation by the Engineer. 754.1.01 Definitions General Provisions 101 through 150. 754.1.02 Submittals General Provisions 101 though 150 A. Product Data: Submit Manufacturer's technical data for each manufactured product including certification that each product complies with specified requirements. 754.2 Materials A. Requirements The trash receptacles and installation of ancillary materials shall be new and meet the requirements in the following: • Manufacturers: DuMor, Peterson Mfg. or Approved Equal • Product Name/Number /Type: DuMor No. 148- 32 -FTO, Peterson Mfg. Model No. SSTRC or Approved Equal • Color: Powder Coated — Black 754 -1 B. Contractor and Material Warran • Pr ovide M anufac tu rer's w and guarantees for all materials to be free of defects, if applicable. • Contractor shall certify to Engineer in writing that the installation is in accordan with t he requireme 754.3 Construction Requirements A. Quality Assurance Provide an experienced installer who has successfully installed street furniture. B. Preparations The Contractor shall follow the Engineer and Manufacturer's instructions for installing the trash receptacle and ancillary materials. Ensure surface is clean and remove dirt, dust, debris and loose particles. • Do not use materials with chips, cracks, voids, discolorations and other defects that might be visible or cause staining finished work. • Set trash receptacles in their approved locations. • Clean all stains or dirt off trash receptacles and replace cracked or chipped ancillary materials prior to final inspection. C. Delivery, Storage, and Handling The Contractor shall protect trash receptacles and ancillary materials during storage and construction against wetting by rain, snow or groundwater and contamination from other types of materials. D. Installation The Contractor shall install the ancillary materials in accordance with plans and Manufacturer's specifications. 754.4 Measurement The work is measured for payment per each which includes all work necessary to install the trash receptacles including any incidentals. 754.5 Payment This work will be paid for at the Contract Unit Price per each. Such payment will be full compensation for furnishing all labor and materials necessary to complete the work including trash receptacles, ancillary materials, equipment, handling, placing, repair warranty and any incidentals. Payment will be made under: Item No. 754 Trash Receptacle Per Each 754 -2 SECTION 900A BRICK PAVERS Date: December 19, 2011 Rev. 4/9/2012 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION PROJECT No.: CSSTE- 0009 - 00(126) RICHMOND COUNTY P.I. NO.: 0009126 Section 900A — Brick Pavers Add the following: 900A.1 General Description The work specified in this section consists of furnishing and installing standard brick pavers. This work shall include all labor equipment and the Contractor's warranty used to install standard brick pavers. The work shall also include final inspection and approval of installation by the Engineer. 900A.1.01 Definitions General Provisions 101 through 150. 900A.1.02 Related References A. Standard Specifications Section 310 — Graded Aggregate Construction Section 441 — Miscellaneous Concrete 0098.1.03 Submittals General Provisions 101 though 150 A. Product Data: Submit Manufacturer's technical data for each manufactured product including certification that each product complies with specified requirements. B. Samples: 1. Submit set of samples (minimum 5 /set) of each size of brick, paver or material required. 2. Include in each set full range of exposed color and texture to be expected in completed Work. 3. Submit cured samples of each type of grout and mortar, showing range of color. 4. Submit prior to mock -up panels construction. 900A -1 900A.2 Materials A. Requirements All paving bricks furnished shall be new and meet the requirements in the following: • Manufacturers: Boral Brick Company, Redland Brick Company or Approved Equal • Product Name/Number /Type: Heartland Flash Paver, Rocky Ridge Moulded Pavers #410 King William or Approved Equal • Color: Heartland Flash Paver, King William or Equal. ADA Truncated Domes will be gray brick pavers when used in conjunction with brick pavers and will match Heartland Flashed Paver or King William when used in conjunction with concrete sidewalk. • Pattern: Running Bond and Sailor Stack • Size: 2 3/8 "H (60mm) Nominal Dimension: 3 7/8" Wx 713/16 "L • Water: Provide water that is clean, potable and free of materials detrimental to strength or bond • Mortar: Provide mortar that matches existing brick color mortar in downtown streetscapes (see the west side of 9th Street between Jones and Reynolds) • Mortar Bed: Provide mortar base Type S. B. Contractor and Material Warranty • Provide Manufacturer's warranties and guarantees for all paving bricks to be free of defects, if applicable. • Contractor shall certify to Engineer in writing that the installation is in accordance with the requirements. 900A.3 Construction Requirements A. Quality Assurance 1. Provide an experienced installer who has successfully installed brick pavers similar in material, and design, with at least 3 years experience. 2. Do not change source or brands for masonry units, setting materials, or mortar during progress of work. 3. Codes and Standards: • Applicable Section of Georgia Department of Transportation (GDOT) Standard Specifications for Highway Construction, 2001 Editions. • ASTM C902 — Standard Specifications for Pedestrian and Light Traffic Paving Brick. • Brick Institute of America (BIA) applicable standards. 4. Job Mock -up: • Prior to installation of paving, provide sample panel at site of each pattern and material called for as brick paving, minimum 5' x 5' over concrete slab and specified mortar bed. • Provide jointing, as specified. • Obtain Engineer's acceptance of visual qualities of mock -up panels before start of finished paving. • Replace unsatisfactory mock -up work, as directed, until acceptable to Engineer. • Retain sample panels during construction as a standard for judging completed paving work. • Do not alter, move, or destroy mock -up panels until work is completed. Unless otherwise directed, acceptable mock -up panel may be incorporated into the finished work. 900A -2 B. Preparations Extent of brick paving is shown on drawing and includes: 1. Brick • Brick paving shall be manufactured of material of the same color as brick pavers though out the project. • Ensure surface is clean and remove dirt, dust, debris and loose particles. • Do not use brick pavers with chips, cracks, voids, discolorations, bows, mishapes, and other defects that might be visible or cause staining finished work. • Cut brick pavers with motor - driven, diamond blade wet masonry saw equipment to provide clean, sharp, un- chipped edges. Cut units to provide pattern indicated in Figure 1, 2, and 3 and to fit adjoining work neatly. Use full units where possible. Hammer cutting is not acceptable. • Lay brick pavers only over well compacted subgrade and concrete base of acceptable dimension and elevations. • Test compaction and depth before commencing brick paving, and provide specified job mock- ups. Do not proceed without acceptance of mock -ups for visual quality. • Set brick pavers in the approved pattern and match joint width of adjoining brick pavers. 2. Mortar Bed • A mortar bed of the required depth shall be placed on the concrete base, not sooner than 10 days after the base slab has been poured. The mortar bed shall be brought to exact elevations, and the brick shall be laid in fresh mortar. 3. Mortar • All mortar shall be mixed by hand or preferably in a mechanical mixer and in quantities sufficient for the proper progress of the work. No retempered or mortar that has started its initial set shall be used C. Observing Weather Limitations • No masonry shall be laid when the temperature is below 32° F. on a rising thermometer or below 40° F. on a falling thermometer, unless adequate precaution against freezing is provided. No frozen materials shall be used in the construction of masonry work. All unfinished work shall be covered with waterproof paper or canvas. • In warm weather, all brick shall be thoroughly wetted as necessary to reduce the rate of absorption of water at the time of laying, if applicable. D. Delivery, Storage and Handling • The Contractor shall protect pavers and aggregate during storage and construction against wetting by rain, snow or groundwater and contamination from other types of materials. • All masonry materials shall be shipped and stored in such a manner as to prevent damage or intrusion of foreign matter. • Cement, mortar mix and other packaged materials shall be stored in tight sheds with elevated floors • Brick pavers will be stored in the open or stacked near the mortar boards, and sheltered with a cover that permits circulation of air and shall be protected against excessive wetting when freezing may occur, except with the permission from the Engineer. 900A -3 E. Coruction Brick Paving Installat ■ Installer shall review installation procedure and coordination with oer work, w the Contractor and other subcontractors, whose w w be affected. ■ Coordi with other work to make provisions for the i nstallation of r adjacent work to avo cutting and patching ■ All maso shall be l to a l ine, a work pl and t rue and all con th jo both ith h and vertical, shall be comp fi with mortar as the work progresses. M work shall be supe at all t by the r esponsible forem ■ Joints i n all brick shal be 3/8 i nch mortared joint. Joints set hall be flush with the brick. ■ All holes and cracks in exposed joints shall be filled with additional fresh mortar and jointed. If morta has hardened, the defect shall be chiseled out and refilled with fresh mortar and retooled. ■ The bricks shall be carefully laid with the best face up, in the pattern indicated, and shall be laid straight and at right angles to the edging line, except at intersections, where they shall be laid at such angles as are shown on the plans or as directed by the Engineer. Joints shall be close and at right angles to the tops and sides. No half bricks or bats shall be used except at the ends of courses where needed and no bats shall be less than 3 inches in length. All joints shall be broken with a lap of not less than 3 inches. • No portion of a brick less than 3 inches in length shall be used for batting such closures, and the amount of space to be batted in shall not exceed a whole brick. In no case shall brick be cut longitudinally to make a closure on a curve. • All brick shall be clean when placed in the pavement. Bricks which in the opinion of the Engineer are not satisfactorily clean shall be washed before being placed. • In no case shall the grout bed in front of the pavement be disturbed during the laying of the bricks. Bricks shall be laid firmly in the grout bed allowing no mortar to enter the spaces between bricks so that all bricks lie with side faces flush. • In laying brick pavement, the Contractor shall keep the bricks culled, and shall make the necessary changes and replacement so that the work shall be ready for rolling while the grout bed is still wet. • After all objectionable bricks have been removed from the pavement and all replacements have been made, and while the setting mortar is still soft, the pavement shall be swept clean and thoroughly rolled with a self - propelled roller. This rolling shall start along the low edges and progress toward the other side until the surface is even. After final rolling the pavement shall be tested with a 10 foot straightedge laid parallel with the curb, and any depression exceeding 1/8 inch shall be corrected and brought to the proper grade. All bricks disturbed in making replacements or correcting depressions shall be settled into place by ramming or by rerolling. Portions of the pavement inaccessible to roller shall be tamped to grade by the use of hand tamper applied upon a 2 inch board. 2. Cleaning and Final Protection • Clean all stains or mortar off pavers and replace cracked or chipped pavers prior to final inspection. • After the bricks have been laid, any soft, broken, or misshapened bricks shall be removed by the Contractor. Any brick slightly spalled or kiln- marked shall be turned over and, should the opposite face be acceptable, it may be replaced in the pavement; otherwise, it must be removed and discarded. • Provide final protection and maintain conditions in a acceptable manner, which ensures brick paving without damage, deteriorations during constructions and until time of completion. 900A -4 • Brick surfaces shall be thoroughly cleaned using agents and methods approved by the brick manufacturer. All grout spatter, stains, and other objectionable blemishes shall be removed as a condition of fmal acceptance. 3. ADA Ramps • The contractor will follow the plans and meet the American with Disabilities Act (ADA) Compliance and the Georgia Department of Transportation (GDOT) requirements when installing the ADA curb cut ramps. 4. Laying Pattern The contractor shall lay the brick pavers at the corner aprons and brick medians at as shown on the plans in a running bond pattern as seen in Figure 1. 1 1 ■ --- -- Mal //11/1/10 RUNNING BOND 11111111 E PATTERN -- .1 = = == IIII 111111111.1111.11 -- - -- Figure 1 The Contractor shall lay the brick pavers at the tree wells in a sailor stack pattern as seen in Figure 2. NO — M MI I Ell MIll Ell IIIIII SAILOR STACK BOND PATTERN 11111 1 /1/ 11111 ME NMI 1.11 ME ME 1111 MN / CURB MIE Figure 2 900A -5 lk The Contractor shall lay the brick pavers at the street light base in a sailor stack and running bond pattern as seen in Figure 3. mum mom MEI - - _N Mg= - it iii iii _ _�� , --- �II Mill NIIIIIIIIIF t RUNNING BOND 1 = PATTERN —11MIONIMI--- SAILOR, STACK - ` -I-_I=MOM BOND PATTERN IM= MIM . - CURB 1111111111111/1111 Figure 3 900A.3.06 Additional Warranty In addition to one -year material and workmanship guarantee, provide two -year warranty against settlement of all masonry work of this Section: • During the period of the warranty, maintain brick paving even, at correct elevations and flush with adjacent pavement surface. • Make repairs within two weeks of notice from Owner or Engineer for pavers that are 1/8" or more below or above adjacent pavers or surface. • Should the Contractor fail to make repairs within two weeks of notice, Owner may undertake repairs at Contractor's expense. 900A.4 Measurement The work is measured in square foot and paid for by the actual number of square foot measured. The square foot pay item will include the labor, material, aggregate, concrete base, mortar bed, mortar, equipment and repair warranty. 900A.5 Payment This work will be paid for at the Contract Unit Price per square foot. Such payment will be full compensation for furnishing all labor and materials necessary to complete the work including materials, aggregate, concrete base, mortar bed, mortar, equipment, handling, placing, repair warranty and any incidentals. Payment will be made under: Item No. 900 Brick Corner Apron, Including ADA Ramps Per Square foot Item No. 900 Decorative Brick Trim Around Tree Well Per Square foot Item No. 900 Decorative Brick Trim Around Street Light Base Per Square foot Item No. 900 Brick Median – Greene Street Per Square foot 900A -6 SECTION 900B T DRAIN W ITH GRATES Date February 21, 2012 2 Rev. 4/26/201 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION PROJECT NO.: CSSTE 0009 - 00(126) RICHMOND COUNTY 000 Section 9008 — Trench Drain with Grates 900B.1 General Description The work specified in this section consists of furnishing and installing Trench Drain with Grates. This work shall include all labor equipment and the Contractor's warranty used to install the Trench Drain with Grates. Construct according to the Manufacturer's specifications and the lines and grades shown on the Plans, or established by the Engineer. The work shall also include final inspection and approval of installation by the Engineer. 900B.1.01 Definitions General Provisions 101 through 150. 900B.1.02 Related References A. Standard Specifications Section 207 — Excavation and Backfill for Minor Structures Section 310 — Graded Aggregate Construction Section 441 — Miscellaneous Concrete 900B.1.03 Submittals General Provisions 101 though 150 A. Product Data: Submit Manufacturer's technical data for each manufactured product including certification that each product complies with specified requirements. 900B -1 900B.2 Mat A. Requiremen All grate drain furn ished shall be new and meet the requirements in the following: roved Equal • M Ironsmith, Bar or Approved Equal • Product Na /Number /Type: Ironsmith Tweed or Barrycraft "AAA " or App • Materials: Cast Ductile Iron • Size: 6" w and 12" wide B. Contractor an Material Warranty • Provide Manufacturer's warranties and guarantees for all grate drains to be free of defects. • Contractor shall certify to Engineer in writing that the installation is in accordance with the requirements. 900B.3 Construction Requirements A. Quality Assurance Provide an experienced installer who has successfully installed grate drains similar in material, and design. B. Preparations The Contractor shall follow Manufacturer's instructions for installing grate drains. In addition, the Contractor shall follow these guidelines when installing brick pavers: • Ensure surface is clean and remove dirt , dust, debris and loose particles. • Do not use grate drains and other materials with chips, cracks, voids, discolorations and other defects that might be visible or cause staining finished work. C. Observing Weather Limitations Do not lay grate drains in freezing weather, except with the permission from the Engineer. D. Delivery, Storage, and Handling The Contractor shall protect grate drains during storage and construction against wetting by rain, snow or groundwater and contamination from other types of materials. E. Installation The Contractor shall install trench drain with grates in accordance with the plans and the Manufacturer's specifications. 900B.4 Measurement The work is measured for payment per each and includes all labor, materials, equipment and repair warranty. 900B.5 Payment This item completed and accepted will be paid for at the Contract Unit Price per each. Such payment will be full compensation for furnishing all labor and materials necessary to complete the work including materials, concrete forms, anchors equipment, handling, placing, repair warranty and any incidentals. Payment will be made under: Item No. 900 Trench Drain with Grates Per Each 900B -2 SECTION AA -0 INDEX TO APPENDIX A - FORMS SECTION TITLE NO. OF PAGES AA -1 Instructions for list of DBE Participants and DBE Goals Form 3 AA -2 Federal Aid Certification, August 23, 2001 4 AA -3 Georgia Security and Immigration Compliance Act Affidavit, 2 Revised 08/25/10 AA -0 Disadvantage SECTION AA -1 INSTRUCTIONS FOR LIST OF DBE PARTICIPANTS AND DBE GOALS FORM For further information please see Appendix B Section AB -6 Business Enterprise Program Criteria for Acceptability. AA -1 INSTRUCTIONS FOR LIST OF DBE PARTICIPANTS If a DBE Goal is indicated, you must propose to achieve a goal that is equal or greater then the percentage required. If no goal is indicated, you may propose your own goal. The DBE firms to be utilized as counting toward the proposed goal must be listed on this form, along with their addresses, type of work, and the amount to be paid to each of the minority firms. The amount entered will not necessarily be the contract amount, but must be the actual amount that will be paid to the DBE firm. In the case of a DBE supplier, the amount paid and 60% of that amount both will be entered; and only the 60% figure should be added to the total. An example of this is shown in the example chart: Company Name Type Vendor And Address Of *Work Race Race Amount Number (City and State) Work Code Neutral Conscious Diesel $80.000.00 ABC Oil Company Fuel (60 %= Atlanta, GA Supplier $48,000.00) * For Departmental use ONLY. Do not fill in Work Codes. The Contractor shall indicate for each DBE and Type of Work whether the DBE Participant is Race Neutral or Race Conscious by placing a checkmark in the appropriate column. . PLEASE NOTE: For 60% of the amount paid to a DBE supplier to be eligible to count toward fulfilling the DBE goal, the supplier must be an established "regular dealer' in the product involved, and not just a broker. A "regular dealer" would normally sell the product to several customers and would usually have product inventory on hand. DBE GOALS VENDOR ID: BIDDER'S COMPANY NAME: PROJECT NO. &COUNTY: James Brown Boulevard Streetscape GDOT Project Number CSTEE- 009 - 00(126) Richmond County LET NO: P. I . No 009126 LET DATE: April 2012 TOTAL BID: THE REQUIRED DBE GOAL ON THIS CONTRACT IS: 9% I PROPOSE TO UTILIZE THE FOLLOWING DBE CONTRACTORS: LIST OF DBE PARTICIPANTS DBE NAME/ VENDOR ADDRESS (CITY, *WORK Race Race NUMBER STATE) TYPE OF WORK CODE Neutral Conscious AMOUNT • TOTAL *For Departmental use only. Do not fill in Work codes. PLEASE NOTE: Only 60 % of the participation of a DBE Supplier who does not manufacture or install the product will be counted toward the goal. See below for further instructions. SECTION AA -2 FEDERAL AND CERTIFICATION AA -2 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA FEDERAL AID CERTIFICATION (English Project) August 23, 2001 First Use Date 2001 Specifications: November 1, 2002 Failure to complete appropriate certification requirements identified below or submission of a false certification shall render the bid non - responsive. EQUAL EMPLOYMENT OPPORTUNITY I further certify that I have /have not — participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that I have / have not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. I understand that if I have participated in a previous Contract or Subcontract subject to the Executive Orders above and have not filed the required reports that 41 CFR 60- 1.7(b)(1) prevents the award of this Contract unless I submit a report governing the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U. S. Department of Labor. Reports and notifications required under 41 CFR 604, including reporting subcontract awards in excess of $10,000.00 should be addressed to: Ms. Carol Gaudin Regional Director, U. S. Department of Labor Office of Federal Contract Compliance Programs, Region 4 Rm. 7B75 61 Forsyth St. SW Atlanta GA 30303 EXAMINATION OF PLANS AND SPECIFICATIONS I acknowledge that this Project will be constructed in English units. I certify that I have carefully examined the Plans for this Project and the Standard Specifications, 2001 Edition, and the Supplemental Specifications and Special Provisions included in and made a part of this Proposal, and have also personally examined the site of the work, On the basis of the said Specifications and Plans, I propose to furnish all necessary machinery, tools, apparatus and other means of construction, and do all the work and furnish all the materials in the manner specified. I understand the quantities mentioned are approximate only and are subject to either increase or decrease and hereby propose to perform any increased or decreased quantities of work or extra work on the basis provided for in the Specifications. DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA I also hereby agree that the State, or the Department of Transportation, would suffer damages in a sum equal to at least the amount of the enclosed Proposal Guaranty, in the event my Proposal should be accepted and a Contract tendered me thereunder and I should refuse to execute same and furnish bond as herein required, in consideration of which I hereby agree that, in the event of such failure on my part to execute said Contract and furnish bond within fifteen (15) days after the date of the letter transmitting the Contract to me, the amount of said Proposal Guaranty shall be and is hereby, forfeited to the State, or to the Department of Transportation, as liquidated damages as the result of such failure on my part. I further propose to execute the Contract agreement described in the Specifications as soon as the work is awarded to me, and to begin and complete the work within the time limit provided. I also propose to furnish a Contract Bond, approved by the State Transportation Board, as required by the laws of the State of Georgia. This bond shall not only serve to guarantee the completion of the work on my part, but also to guarantee the excellence of both workmanship and materials until the work is finally accepted, as well as to fully comply with all the laws of the State of Georgia. CONFLICT OF INTEREST By signing and submitting this Contract I hereby certify that employees of this company or employee of any company supplying material or subcontracting to do work on this Contract will not engage in business ventures with employees of the Georgia Department of Transportation (GA D.O.T.) nor shall they provide gifts, gratuities, favors, entertainment, loans or other items of value to employees of this department. Also, by signing and submitting this Contract I hereby certify that I will notify the Georgia Department of Transportation through its District Engineer of any business ventures entered into between employees of this company or employees of any company supplying material or subcontracting to do work on this Contract with a family member of GA D.O.T. employees. DRUG FREE WORKPLACE The undersigned certifies that the provisions of Code Sections 50 -24 -1 through 50 -24 -6 of the Official Code of Georgia Annotated, relating to the "Drug -free Workplace Act ", have been complied with in full. The undersigned further certifies that: (1) A drug -free workplace will be provided for the Contractor's employees during the performance of the Contract; and (2) Each Contractor who hires a Subcontractor to work in a drug -free workplace shall secure from that Subcontractor the following written certification: "As part of the subcontracting agreement with (Contractor's name) , fSubcontractor's, name) certifies to the Contractor that a drug free workplace will be provided for the Subcontractor's employees during the performance of this Contract pursuant to paragraph (7) of subsection (b) of Code Section 50- 24 -3." Also, the undersigned further certifies that he will not engage in the unlawful manufacture, sale distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract. DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA NON - COLLUSION CERTIFICATION I hereby certify that I have not, nor has any member of the firm(s) or corporation(s), either directly or indirectly entered into any agreement, participated in any collusion, nor otherwise taken any action in restraint of free competitive bidding in connection with this submitted bid. It is understood and agreed that this Proposal is one of several competitive bids made to the Department of Transportation, and in consideration of mutual agreements of the bidders, similar hereto, and in consideration of the sum of One Dollar cash in hand paid, receipt whereof is hereby acknowledged, the undersigned agrees that this Proposal shall be an option, which is hereby given by the undersigned to the Department of Transportation to accept or reject this Proposal at any time within thirty (30) calendar days from the date on which this sealed proposal is opened and read, unless a longer period is specified in the Proposal or the successful bidder agrees in writing to a longer period of time for the award, and in consideration of the premises, it is expressly covenanted and agreed that this Proposal is not subject to withdrawal by the Proposer or Bidder, during the term of said option. I hereby acknowledge receipt of the following checked amendments of the Proposal, Plans, Specifications and /or other documents pertaining to the Contract. Amendment Nos.: 1 2 3 4 5 . I understand that failure to confirm the receipt of amendments is cause for rejection of bids. Witness my hand and seal this the day of .. , , 20 The bidder(s) whose signature(s) appear on this (Print Company Name) document, having personally appeared before me, and being duly sworn, deposes and says that the By (Seal) above statements are true and correct. Corporate President/Vice President or Individual Owner or Partner (Strike through all except the one which applies.) Sworn to and subscribed before me this day of , 20 Joint Bidder: (Print Company Name) (Notary Public) By (Seal) My Commission expires the day of Corporate President/Vice President or , 20 Individual Owner or Partner (Strike through all except the one which applies.) Joint Bidder: (Federal ID No. /IRS No.) (Print Company Name) By (Seal) Corporate President /Vice President or or Individual Owner or Partner (Strike through all except the one which applies.) SECTION AA -3 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT AA -3 heeo: ng Georg.w on the MOW/ GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Contract No. and Name: p1 009126 Richmond County Proiect Name James Brown Boulevard Streetscape Name of Contracting Entity: By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E- Verify *, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10 -91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.G.A. § 13- 10- 91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation at the time the subcontractor(s) is retained to perform such service. EEV / E- Verify User Identification Number Date of Authorization BY: Authorized Officer or Agent Date (Contractor Name) Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 201 [NOTARY SEAL] Notary Public My Commission Expires: * or any subsequent replacement operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603 Revised 8/22/11 SECTION AB -0 INDEX TO APPENDIX B - ADDITIONAL REQUIREMENTS Required Contract provisions for Bid Manuals for Federal Funded Construction Contracts (8 -14- 2012) SECTION TITLE NO. OF PAGES AB -1 Required Contract Provisions Federal - Aid Construction Contracts, 13 Revised May 1, 2012 AB -2 Appendix A, Notice to Contractors, Compliance with Title VI of the 3 Civil Rights Act of 1964 for Federal - Aid Contracts AB -3 Notice of Requirement for Affirmative Action to Ensure Equal 4 Employment Opportunity AB -4 Standard Federal Equal Employment Opportunity Construction 5 Contract Specifications AB -5 Georgia Department of Transportation, Disadvantaged Business 14 Enterprise Program, Criteria for Accessibility, December 7, 2009 AB -6 Instructions for Reporting DBE Participation and DBE Participation 5 Form, Revised 7/2010 AB -7 Special Provisions, Prompt Payment, November 19, 2006 2 AB -8 Required Contract Provisions, Buy America, Revised June 9, 1995, 2 and Convict Produced Materials, Revised September 6, 1993 AB -9 Davis Bacon Wage Rate 4 AB -0 SECTION AB -1 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS AB -1 FHWA -1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 1. General 3. A breach of any of the stipulations contained in these 11. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments, withholding of final IV. Davis -Bacon and Related Act Provisions payment, termination of the contract, suspension / debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention 4. Selection of Labor: During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal -aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole, supervised release, or probation. The term Federal -aid Debarment Requirements highway does not include roadways functionally classified as Xl. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS 11. NONDISCRIMINATION A. Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal -aid construction contracts and to all Road Contracts (included in Appalachian contracts only) related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. 1. GENERAL In addition, the contractor and all subcontractors must comply 1. Form FHWA -1273 must be physically incorporated in each with the following policies: Executive Order 11246, 41 CFR 60, construction contract funded under Title 23 (excluding 29 CFR 1625 -1627, Title 23 USC Section 140, the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973, as amended (29 USC 794), Title VI contractor (or subcontractor) must insert this form in each of the Civil Rights Act of 1964, as amended, and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR subcontracts (excluding purchase orders, rental agreements Parts 200, 230, and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA -1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b) and, for all construction contracts exceeding $10,000, order, rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60 -4.3. subcontractor, lower -tier subcontractor or service provider. Note: The U.S. Department of Labor has exclusive authority to Form FHWA -1273 must be included in all Federal -aid design- determine compliance with Executive Order 11246 and the build contracts, in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60, and 29 subcontracts (excluding subcontracts for design services, CFR 1625 -1627. The contracting agency and the FHWA have purchase orders, rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design - builder shall be responsible Title 23 USC Section 140, the Rehabilitation Act of 1973, as for compliance by any subcontractor, lower -tier subcontractor amended (29 USC 794), and Title VI of the Civil Rights Act of or service provider. 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. Contracting agencies may reference Form FHWA -1273 in bid proposal or request for proposal documents, however, the The following provision is adopted from 23 CFR 230, Appendix Form FHWA -1273 must be physically incorporated (not A, with appropriate revisions to conform to the U.S. referenced) in all contracts, subcontracts and lower -tier Department of Labor (US DOL) and FHWA requirements. subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a 1. Equal Employment Opportunity: Equal employment construction contract). opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws, executive orders, rules, regulations (28 CFR 35, sections, these contract provisions shall apply to all work 29 CFR 1630, 29 CFR 1625 -1627, 41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein, and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework, station work, or by subcontract. action standards for the contractor's project activities under 1 this contract. The provisions of the Americans with Disabilities 4. Recruitment: When advertising for employees, the Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation: "An Equal Opportunity Employer." All such contract. In the execution of this contract, the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a. The contractor will work with the contracting agency and a. The contractor will, unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement, conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such b. The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed, and that employees are treated during b. In the event the contractor has a valid bargaining employment, without regard to their race, religion, sex, color, agreement providing for exclusive hiring hall referrals, the national origin, age or disability. Such action shall include: contractor is expected to observe the provisions of that employment, upgrading, demotion, or transfer; recruitment or agreement to the extent that the system meets the contractor's recruitment advertising; layoff or termination; rates of pay or compliance with EEO contract provisions. Where other forms of compensation; and selection for training, implementation of such an agreement has the effect of including apprenticeship, pre - apprenticeship, and /or on -the- discriminating against minorities or women, or obligates the job training." contractor to do the same, such implementation violates Federal nondiscrimination provisions. 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5. Personnel Actions: Wages, working conditions, and 3. Dissemination of Policy: All members of the contractor's employee benefits shall be established and administered, and staff who are authorized to hire, supervise, promote, and personnel actions of every type, including hiring, upgrading, discharge employees, or who recommend such action, or who promotion, transfer, demotion, layoff, and termination, shall be are substantially involved in such action, will be made fully taken without regard to race, color, religion, sex, national cognizant of, and will implement, the contractor's EEO policy origin, age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months, at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer, covering discrimination. Where evidence is found, the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or 6. Training and Promotion: other appropriate means. a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are 2 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractors work force requirements undue hardship. and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., 9. Selection of Subcontractors, Procurement of Materials apprenticeship, and on- the -job training programs for the and Leasing of Equipment: The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race, color, religion, sex, special provision for training is provided under this contract, national origin, age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors, including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C. 140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S. DOT - approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor, either directly or through a contractor's association acting as agent, will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop, in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions, joint training programs aimed administration of DOT - assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract, which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11. Records and Reports: The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race, color, religion, sex, national origin, age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor, the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1) The number and work hours of minority and non - minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, (2) The progress and efforts being made in cooperation through independent recruitment efforts, fill the employment with unions, when applicable, to increase employment vacancies without regard to race, color, religion, sex, national opportunities for minorities and women; and origin, age or disability; making full efforts to obtain qualified and /or qualifiable minorities and women. The failure of a union (3) The progress and efforts being made in locating, hiring, to provide sufficient referrals (even though it is obligated to training, qualifying, and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project, indicating the number of minority, women, and pursuant to Executive Order 11246, as amended, and these non - minority group employees currently engaged in each work special provisions, such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA -1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants / the last payroll period preceding the end of July. If on- the -job Employees with Disabilities: The contractor must be familiar training is being required by special provision, the contractor 3 will be required to collect and report training data. The of paragraph 1.d. of this section; also, regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period (but not all or any part of the last payroll period preceding the end of less often than quarterly) under plans, funds, or programs July. 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 III. NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to This provision is applicable to all Federal -aid construction skill, except as provided in 29 CFR 5.5(a)(4). Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein: Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race, color, religion, sex, or national origin cannot The wage determination (including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b. of this use by written or oral policies nor tolerate such use by section) and the Davis -Bacon poster (WH -1321) shall be employee custom. The contractors obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location, under the contractors control, where it can be easily seen by the workers. the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, b.(1) The contracting officer shall require that any class of time clocks, restrooms, washrooms, locker rooms, and other laborers or mechanics, including helpers, which is not listed in storage or dressing areas, parking lots, drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas, transportation, and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination. The contracting officer shall approve an or single -user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS -BACON AND RELATED ACT PROVISIONS (i) The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal -aid construction determination; and projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The (ii) The classification is utilized in the area by the requirements apply to all projects located within the right -of- construction industry; and way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as (iii) The proposed wage rate, including any bona fide local roads or rural minor collectors, which are exempt. fringe benefits, bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination. other projects. The following provisions are from the U.S. Department of (2) If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5 "Contract provisions and employed in the classification (if known), or their related matters" with minor revisions to conform to the FHWA- representatives, and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less representative, will approve, modify, or disapprove every often than once a week, and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account (except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30 -day period that additional time is under the Copeland Act (29 CFR part 3)), the full amount of necessary. wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less (3) In the event the contractor, the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof, regardless of any contractual relationship which may classification and wage rate (including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits, where appropriate), the and mechanics. contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon determination. The Wage and Hour Administrator, or an Acton behalf of laborers or mechanics are considered wages authorized representative, will issue a determination within paid to such laborers or mechanics, subject to the provisions 30 days of receipt and so advise the contracting officer or 4 will notify the contracting officer within the 30 -day period that Bacon Act, the contractor shall maintain records which show additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing 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 work in the classification under this contract from the first benefits. Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and c. Whenever the minimum wage rate prescribed in the trainees, and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination b. (1) The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i), except that full social other third person, the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, ( e.g. ,the last four digits of the employee's social security number). The required weekly payroll information may be that the applicable standards of the Davis -Bacon Act have submitted in any form desired. Optional Form WH -347 is been met. The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http: / /www.dol.gov /esa /whd /forms /wh347instr.htm obligations under the plan or program. 2. Withholding or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT, the FHWA or the Wage and written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage the contractor under this contract, or any other Federal requirements. It is not a violation of this section for a prime contract with the same prime contractor, or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part ( Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as 0) That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under §5.5 (a)(3)(ii) of payment, advance, or guarantee of funds until such violations Regulations, 29 CFR part 5, the appropriate information is have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) 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 each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Part 3; Davis -Bacon Act), daily and weekly number of hours worked, (iii) That each laborer or mechanic has been paid not deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of 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 any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B) of the Davis - 5 (3) The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH -347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the "Statement of Compliance' required by paragraph 3.b.(2) of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4) The falsification of any of the above certifications may classification. If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training, Employer c. The contractor or subcontractor shall make the records and Labor Services, or a State Apprenticeship Agency required under paragraph 3.a. of this section available for recognized by the Office, withdraws approval of an inspection, copying, or transcription by authorized apprenticeship program, the contractor will no longer be representatives of the contracting agency, the State DOT, the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor, and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, b. Trainees (programs of the USDOL). after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to Except as provided in 29 CFR 5.16, trainees will not be cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required permitted to work at less than the predetermined rate for the records upon request or to make such records available may work performed unless they are employed pursuant to and be grounds for debarment action pursuant to 29 CFR 5.12. individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training 4. Apprentices and trainees Administration. a. Apprentices (programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S. Department of in the approved program for the trainees level of progress, Labor, Employment and Training Administration, Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training, Employer and Labor Services, or with specified in the applicable wage determination. Trainees shall a State Apprenticeship Agency recognized by the Office, or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program. If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits, trainees shall be paid the full amount of fringe program, who is not individually registered in the program, but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training, Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency (where appropriate) to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program. Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate, who is not registered or otherwise In addition, any trainee performing work on the job site in employed as stated above, shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed. In addition, any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program, the contractor will no for the work actually performed. Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered, the ratios and wage acceptable program is approved. rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered c. Equal employment opportunity. The utilization of program shall be observed. apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246, as amended, and 29 specified in the registered program for the apprentice's level of CFR part 30. progress, expressed as a percentage of the journeymen hourly 6 d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not The following clauses apply to any Federal -aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of $100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act. These clauses shall be inserted in addition to particular programs. The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph, the terms laborers and mechanics the particular program. include watchmen and guards. 5. Compliance with Copeland Act requirements. The 1. Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3, which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA -1273 in any subcontracts and also require the subcontractors to include Form FHWA -1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty 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 forty hours in such workweek. with all the contract clauses in 29 CFR 5.5. 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. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, 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 8. Compliance with Davis -Bacon and Related Act District or to such territory), for liquidated damages. Such requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures guards, employed in violation of the clause set forth in paragraph (1.) of this section, 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 forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes 3. Withholding for unpaid wages and liquidated damages. between the contractor (or any of its subcontractors) and the The FHWA or the contacting agency shall upon its own action contracting agency, the U.S. Department of Labor, or the or upon written request of an authorized representative of the employees or their representatives. 10. Certification of eligibility. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work a. By entering into this contract, the contractor certifies that Hours and Safety Standards Act, which is held by the same neither it (nor he or she) nor any person or firm who has an prime contractor, such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a) of subcontractor for unpaid wages and liquidated damages as the Davis -Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph (2.) of this section. b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract 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 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for U.S. Criminal Code, 18 U.S.C. 1001. compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 7 evidenced in writing and that it contains all pertinent provisions VI. SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal -aid construction 5. The 30% self - performance requirement of paragraph (1) is contracts on the National Highway System. not applicable to design -build contracts; however, contracting agencies may establish their own self - performance 1. The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items VII. SAFETY: ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal -aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The a. The term "perform work with its own organization" refers contractor shall provide all safeguards, safety devices and to workers employed or leased by the prime contractor, and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor, with or determines, or as the contracting officer may determine, to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor, or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract, and shall be made a employees may only be included in this term if the prime condition of each subcontract, which the contractor enters into contractor meets all of the following conditions: pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance (1) the prime contractor maintains control over the of the contract, to work in surroundings or under conditions supervision of the day -to -day activities of the leased which are unsanitary, hazardous or dangerous to his /her employees; health or safety, as determined under construction safety and (2) the prime contractor remains responsible for the quality health standards (29 CFR 1926) promulgated by the Secretary of the work of the leased employees; of Labor, in accordance with Section 107 of the Contract Work (3) the prime contractor retains all power to accept or Hours and Safety Standards Act (40 U.S.C. 3704). exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract the payment of predetermined minimum wages, the that the Secretary of Labor or authorized representative submission of payrolls, statements of compliance and all thereof, shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b. "Specialty Items" shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge, abilities, or Contract Work Hours and Safety Standards Act (40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal -aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3. The contractor shall furnish (a) a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm, has full authority to by engineers, contractors, suppliers, and workers on Federal - direct performance of the work in accordance with the contract aid highway projects, it is essential that all persons concerned requirements, and is in charge of all construction operations with the project perform their functions as carefully, thoroughly, (regardless of who performs the work) and (b) such other of its and honestly as possible. Willful falsification, distortion, or own organizational resources (supervision, management, and misrepresentation with respect to any facts related to the engineering services) as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts, Form FHWA -1022 shall be posted on each 4. No portion of the contract shall be sublet, assigned or Federal -aid highway project (23 CFR 635) in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer, or authorized representative, and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is 8 'Whoever, being an officer, agent, or employee of the United covered transaction. The prospective first tier participant shall States, or of any State or Territory, or whoever, whether a submit an explanation of why it cannot provide the certification person, association, firm, or corporation, knowingly makes any set out below. The certification or explanation will be false statement, false representation, or false report as to the considered in connection with the department or agency's character, quality, quantity, or cost of the material used or to determination whether to enter into this transaction. However, be used, or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed, or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans, maps, specifications, contracts, or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation; or c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement, false agency determined to enter into this transaction. If it is later representation, false report or false claim with respect to the determined that the prospective participant knowingly rendered character, quality, quantity, or cost of any work performed or to an erroneous certification, in addition to other remedies be performed, or materials furnished or to be furnished, in available to the Federal Government, the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation; or d. The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement, certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal -aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916, (39 Stat. 355), as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e. The terms "covered transaction," "debarred," years or both." " suspended," " ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions" refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal -aid construction Transactions" refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a By submission of this bid /proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract, or subcontract, as appropriate, the bidder, proposer, funds (such as the prime or general contractor). "Lower Tier Federal -aid construction contractor, or subcontractor, as Participant" refers any participant who has entered into a appropriate, will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f. The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that, should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into, it shall not knowingly enter into any lower tier 2. That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph (1) of this Section X in suspended, declared ineligible, or voluntarily excluded from every subcontract, and further agrees to take such action as participation in this covered transaction, unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X. CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment, Suspension, Ineligibility SUSPENSION, INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion -Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower This provision is applicable to all Federal -aid construction tier covered transactions and in all solicitations for lower tier contracts, design -build contracts, subcontracts, lower -tier covered transactions exceeding the $25,000 threshold. subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA h. A participant in a covered transaction may rely upon a approval or that is estimated to cost $25,000 or more — as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1. Instructions for Certification — First Tier Participants: debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as a. By signing and submitting this proposal, the prospective the eligibility of any lower tier prospective participants, each first tier participant is providing the certification set out below. participant may, but is not required to, check the Excluded Parties List System website (httos: / /www.epls.00v /), which is b. The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 9 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and /or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c. The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j. Except for transactions authorized under paragraph (f) of changed circumstances. these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d. The terms "covered transaction," "debarred," person who is suspended, debarred, ineligible, or voluntarily " suspended," " ineligible," " participant," "person," "principal," excluded from participation in this transaction, in addition to and "voluntarily excluded," as used in this clause, are defined other remedies available to the Federal Government, the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or * * * * * subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment, Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion — First Tier Transaction (such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief, that it and its principals: Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred, suspended, proposed for Tier Participants (such as subcontractors and suppliers). debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal e. The prospective lower tier participant agrees by department or agency; submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into (2) Have not within a three -year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred, suspended, declared ineligible, or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction, unless connection with obtaining, attempting to obtain, or performing authorized by the department or agency with which this a public (Federal, State or local) transaction or contract under transaction originated. a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, f. The prospective lower tier participant further agrees by bribery, falsification or destruction of records, making false submitting this proposal that it will include this clause titled statements, or receiving stolen property; "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification, in all lower tier covered transactions and civilly charged by a governmental entity (Federal, State or in all solicitations for lower tier covered transactions exceeding local) with commission of any of the offenses enumerated in the $25,000 threshold. paragraph (a)(2) of this certification; and g. A participant in a covered transaction may rely upon a (4) Have not within a three -year period preceding this certification of a prospective participant in a lower tier covered application /proposal had one or more public transactions transaction that is not debarred, suspended, ineligible, or (Federal, State or local) terminated for cause or default. voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification, such prospective debarred, or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each 2. Instructions for Certification - Lower Tier Participants: participant may, but is not required to, check the Excluded Parties List System website (https: / /www.epls.gov /), which is (Applicable to all subcontracts, purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and h. Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause. The a. By signing and submitting this proposal, the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i. Except for transactions authorized under paragraph e of was entered into. If it is later determined that the prospective these instructions, if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification, in addition to other remedies available to the person who is suspended, debarred, ineligible, or voluntarily Federal Government, the department, or agency with which excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 10 • department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - -Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 ATTACHMENT A - EMPLOYMENT AND MATERIALS 6. The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is, or reasonably may be, done as on -site work. ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 SECTION AB -2 APPENDIX A, NOTICE TO CONTRACTORS, COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL -AID CONTRACTS AB -2 APPENDIX A NOTICE TO CONTRACTORS 12 -15 -2008 COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL -AID CONTRACTS During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor "), agrees as follows: 1. Compliance with Regulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally- assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations "), which are herein incorporated by reference and made a part of the Contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it afterward and prior to completion of the contract work, will not discriminate on the ground of race, color, national origin, disability, sex, or age in the selection and retention of subcontracts including procurements of materials and leases of equipment. This will be done in accordance with Title VI of the Civil Rights Act of 1964 and other Non - Discrimination Authorities i.e., Section 504 of the 1973 Rehabilitation Act, the 1973 Federal -Aid Highway Act, the 1975 Age Discrimination Act, and the Americans with Disabilities Act of 1990. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when contract covers a program set forth in Appendix B of the Regulations. In addition, the Contractor will not participate either directly or indirectly in discrimination prohibited by 23 CFR 710.405 (b). 3. Solicitations for subcontracts, including procurements of materials and equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, national origin, disability, sex or age. A -1 4. Information and Reports: The Contractor will pr all information and n o reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts , other sources of inform ation, and its facilities as may be determined by the Department of Transp ortation or the Federal Highway Administration to be pertinent to ascertai compli with such Regulations, orders and instructions. Where any inform ation required of a Contractor is in the exclusive possession of another wh fails or refuses to furnish this information, the Contractor shall so certify to the Depart of Transportation, or the Federal Highway Administration as approp riate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the Department of Transportation shall impose such Contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the Contractors under the Contract until the Contractor complies, and /or (b) Cancellation, termination or suspension of the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders or instruction issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as result of such direction, the Contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. A -2 SECTION AB -3 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY AB -3 2/26/09 FEDERAL REGISTER / VOL. 45, NO. 194 / FRIDAY, OCTOBER 3, 1980 / NOTICES NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) (43 FR 14895) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered areas, are as follows: GOALS FOR FEMALE PARTICIPATION APPENDIX A (43 FR 19473) The following goals and timetables for female utilization shall be included in all Federal and federally assisted construction contracts and subcontracts in excess of $10,000. The goals are applicable to the contractor's aggregate on -site construction workforce whether or not part of that workforce is performing work on a Federal of federally- assisted construction contract or subcontract. Area covered: Goals for Women apply nationwide. Goals and timetables Timetable Goals (percent) 4 -1 -78 to 3 -31 -79 3.1 4 -1 -79 to 3 -31 -80 5.0 4 -1 -80 Until Further Notice 6.9 GOALS FOR MINORITY PARTICIPATION Appendix B -80 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 n 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 wok on a Federal, federally assisted or non- federally related project, contact or subcontract. FEDERAL REGISTER / VOL. 45, NO. 194 / FRIDAY, OCTOBER 3, 1980 / NOTICES 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 areas 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 B -80. FEDERAL REGISTER / VOL. 45, NO. 194 / FRIDAY, OCTOBER 3, 1980 / NOTICES State Goal (percent) Georgia: 035 Augusta, GA: SMSA Counties: 0600 Augusta, GA -SC 27.2 GA Columbia; GA Richmond, SC Aiken; Non -SMSA Counties 32_ -8 GA Burke; GA Emanuel; GA Glascock; GA Jefferson; GA Jenkins; GA Lincoln; GA McDuffie, GA Talleferro; GA Warren; GA Wilkes; SC Allendale; SC Bamburg; SC Barnwell; SC Edgefield; SC McCormick; 036 Atlanta, GA: SMSA Counties: 0520 Atlanta, GA 21.2 GA Butts; GA Cherokee; GA Clayton; GA Cobb; GA DeKalb; GA Douglas; GA Fayette, GA Forsyth; GA Fulton; GA Gwinnett; GA Henry; GA Newton; GA Paulding; GA Rockdale; GA Walton Non -SMSA Counties 19.5 GA Banks; GA Barrow; GA Bartow; GA Carroll; GA Clarke; GA Coweta; GA Dawson; GA Elbert; GA Fannin; GA Floyd; GA Franklin; GA Gilmer; GA Gordon; GA Greene; GA Habersham; GA Hall; GA Haralson; GA Hart; GA Heard; GA Jackson; GA Jasper; GA Lamar; GA Lampkin; GA Madison; GA Morgan; GA Oconee, GA Oglethorpe; GA Pickins, GA Pike; GA Polk; GA Rabun; GA Spalding; GA Stephens; GA Towns; GA; Union; GA Upson White 037 Columbus, GA: SMSA Counties: 1800 Columbus, GA — AL 29.6 Al Russell; GA Chattahoochee; GA Columbus FEDERAL REGISTER / VOL. 45, NO. 194 / FRIDAY, OCTOBER 3, 1980 / NOTICES Non -SMSA Counties 31.6 Al Chambers; AJ Lee; GA Harris; GA Marion; GA Meriwether; GA Quitman; GA Schley; GA Stewart; GA Sumter; GA Talbot: GA Troup; GA Webster 038 Macon, GA: SMSA Counties: 4680 Macon, GA 27.5 GA Bibb; GA Houston; GA Jones; GA Twiggs Non -SMSA Counties 31.7 GA Baldwin; GA Bleckley; Crawford; GA Crisp; GA Dodge; GA Dooly; GA Hancock; GA Johnson; GA Laurens; GA Macon; GA Monroe; GA Peach; GA Pulaski; GA Putman; GA Taylor; GA Telfair; GA Treutlan; GA Washington; GA Wheeler; GA Wilcox; GA Wilkinson 039 Savannah, GA: SMSA Counties: 7520 Savannah, GA 30.6 GA Bryan; GA Chatham; GA Effingham Non -SMSA Counties 29.8 GA Appling; GA Atkinson; GA Bacon, GA Bulloch; GA Candler; GA Coffee; GA Evans; GA Jeff Davis; GA Liberty; GA Long; GA McIntosh; GA Montgomery; GA Screven; GA Tattnall; GA Toombs; GA Wayne; SC Beaufort; SC Hampton; SC Jasper 040 Albany, GA: SMSA Counties: 0120 Albany, GA 32.1 GA Dougherty; GA Lee Non -SMSA Counties 31.1 GA Baker; GA Ben Hill; GA Berrien; GA Brooks; GA Calhoun; GA Clay; GA Clinch; GA Colquitt; GA Cook; GA Decatur; GA Early; GA Echols; GA Grady; GA Irwin; GA Lanier; GA Lowndes; GA Miller; GA Mitchell; GA Randolph; GA Seminole; GA Terrell; GA Thomas; GA Tift; GA Turner; GA Worth Florida: 041 Jacksonville FL: Non -SMSA Counties 22.2 GA Brantley; GA Camden; GA Charlton; GA Glynn; GA Pierce; GA Ware SECTION AB -4 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS AB -4 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) (43 FR 14895) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegated authority; c. "Employer Identification Number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other 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 Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contact resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, nor the regulations promulgated pursuant thereto. 6. In order for the non - working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the- street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and /or participate in training programs for the area which expressly include minority and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing the notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. DE O T RAN SP OR T A T ION STATE OF GEO g. Review, at least annually, the company's EEO policy and affi rmative action obligations under f these specifications with all employees having any responsibi for hiring, assignment, layof, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Fore et c. prior to the initiation of construction work at any job site. A written record shall be m ade an d maintained identifying th time and place of these meetings, persons attending, subject m atter d iscussed, and disposition of e the subject matter. h. Disseminate the Contractor's EEO policy externally by includ it i n any advertising in the new media, specifically including minority and female news medi and p roviding written notification s to and discussing the Contractor's EEO policy with other Con tractor s and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organization, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the - openings, screening procedures, and test to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3. 1. Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensue that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non - segregated except that separate or single - user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor - union, contactor - community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to met its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the Contractor may be in violation of the Executive Oder 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 Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract 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 obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60 -4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). SECTION AB -5 GEORGIA DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE PROGRAM, CRITERIAL FOR ACCESSIBILITY, DECEMBER 7, 2009 AB -5 Revised: December 7, 2009 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA DISADVANTAGED BUSINESS ENTERPRISE PROGRAM CRITERIA FOR ACCEPTABILITY The purpose of this special provision is to establish criteria for acceptability of DBE firms for work performed on this contract. The intent is to ensure all participation counted toward fulfillment of the DBE goals is (1) real and substantial, (2) actually performed by viable, independent DBE owned firms, and (3) in accordance with the spirit of the applicable laws and regulations. The policy of the Georgia Department of Transportation is to ensure compliance with Title VI of the Civil Rights Act of 1964, 49 Code of Federal Register, Part 26 and related statutes and regulations in all program activities. To this end the Georgia Department of Transportation shall not discriminate on the basis of race, color, sex or national origin in the award, administration and performance of any Georgia Department of Transportation assisted contract or in the administration of its Disadvantaged Business Enterprise Program. The Georgia Department of Transportation shall take all necessary and reasonable steps to ensure nondiscrimination. DBE payments and commitments for Federal -aid projects shall be separate and distinct and cannot be transferred or combined in any matter. The DBE Goal specified in the contract will be a percentage representing the DBE Race Conscious Participation. The Contractor will strive to achieve an additional percentage, cumulatively amounting but not limited to 2 percent in his/her contracts for all projects during the course of the current State Fiscal Year, in order to meet the overall Georgia Department of Transportation DBE goal. 1 DBE PROCEDURES: The Contractor shall develop techniques to facilitate DBE participation in subcontracting activities. These techniques include: (A) Arranging solicitations, time for the presentation of quotes, quantities, specifications, and delivery schedules to facilitate the participation of DBEs. (B) Providing assistance to DBEs in overcoming barriers such as the inability obtaining bonding, financing, or technical assistance. DBE DIRECTORY: The Department has available a directory or source list to facilitate identifying DBEs with capabilities relevant to general contracting requirements and to particular solicitations. The Department will make the directory available to bidders and proposers in their efforts to meet the DBE requirements. The directory or listing includes firms which the Department has certified to be eligible DBEs in accordance with 49 CFR Part 26. GOAL FOR PARTICIPATION: If a percentage goal for DBE participation in this contract is set forth elsewhere in this proposal, the Contractor shall complete the DBE GOALS Form included in the proposal. The Contractor is encouraged to make every effort to achieve the goal set by the Department. However, if the Contractor cannot find sufficient DBE participants to meet the goal established by the Department, the Department will consider for award a proposal with less participation than the established goal if: (A) The bidder can demonstrate no greater participation could be obtained. This should be well documented by demonstrating the Contractor's actions through good faith efforts. The following is a list of types of actions which the Department will consider as part of the Contractor's good faith efforts to obtain DBE participation. This is not intended to be a mandatory checklist nor intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. (1) Soliciting through all reasonable and available means (e.g. attendance at pre -bid meetings, advertising and /or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The Contractor must solicit this interest within sufficient time to allow the DBEs to respond to the 2 solicitation. The Contractor must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations. (2) Selecting portions of the work to be performed by DBEs in order to increase the likelihood the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the Contractor might otherwise prefer to perform these work items with its own forces. (3) Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist DBEs participants in responding to a solicitation. (4) (a) Negotiating in good faith with interested DBEs. Contractor(s) are responsible to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work. (b) Contractor(s) using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, 3 the ability or desire of a Contractor to perform the work of a contract with its own organization does not relieve the Contractor of the responsibility to make good faith efforts. Contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. (5) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The Contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. nonunion employee status) are not legitimate causes for the rejection or non solicitation of bids in the Contractor's efforts to meet the project goal. (6) Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the contractor. (7) Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. (8) Effectively using the services of available minority /women community organizations; minority /women Contractors' groups; local, state, and Federal minority /women business assistance offices; and other organizations as allowed on a case -by -case basis to provide assistance in the recruitment and placement of DBE's. (B) The participation proposed by the low bidder is not substantially less than the participation proposed by the other bidders on the same contract. If no percentage goal is set forth in the proposal, the contractor may enter a proposed DBE participation. This voluntary DBE participation will count as race neutral DBE participation. Prime Contractor shall report race - neutral participation in accordance with the DBE Monthly Report requirements shown in this document. To be eligible for award of this contract, All bidders will be required to submit the following information to the Department by the close of business on the 3 working day following opening of the bid as a matter of bidder responsibility. 4 (1) The names and addresses of DBE firms committed to participate in the Contract; (2) A description of the work each DBE will perform; (3) The dollar amount of the participation of each DBE firm participating; (4) Written documentation of the bidder's commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; (5) Written confirmation from the DBE committed to participating in the contract, as provided in the prime contractor's commitment. (6) If the contract goal is not met, evidence of good faith efforts must be provided. Failure by a bidder to furnish the above information may subject the bid to disqualification. Also failure by the bidder to submit satisfactory evidence of good faith efforts may subject the bid to disqualification. Award of a contract by the Department to a Prime Contractor who has listed DBE participants with the bid may not constitute final approval by the Department of the listed DBE. The Department reserves the right to approve or disapprove a Disadvantaged firm after a review of the Disadvantaged firm's proposal participation. Payment to the Contractor under the contract may be withheld until final approval of the listed DBEs is granted by the Department. If the Contractor desires to substitute a DBE in lieu of those listed in the proposal, a letter of concurrence shall be required from the listed DBE prior to approval of the substitution, unless this requirement is waived by the Department. Agreements between bidder and a DBE in which promises not to provide Subcontracting quotations to other bidders are prohibited. DEFINITION: For the purposes of this provision, the following definitions will apply: Disadvantaged Business Enterprise or DBE means a for - profit small business concern — (1) Ensuring at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51 percent of the stock is owned by one or more such individuals; and 5 (2) Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own the business. Good Faith Efforts means efforts to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. Joint Venture means an association of a DBE firm and one or more other firms to carry out a single, for - profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. Socially and Economically Disadvantaged Individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is — (1) Any individual who the Department finds to be a socially and economically disadvantaged individual on a case -by -case basis. (2) Any individual in the following groups, members of which are reputably presumed to be socially and economically disadvantaged. (i) "Black Americans," which includes persons having origins, in any of the Black racial groups of Africa; (ii) "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; (iii) "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; (iv) "Asian- Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the 6 Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; (v) "Subcontinent Asian Americans," which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; (vi) Women; (vii) Any additional groups whose members are designated as socially and economically disadvantaged by the SBA, at such time as the SBA designation becomes effective. (3) GDOT will presume that such persons are socially and economically disadvantaged only to the extent permitted by applicable federal law. Race - conscious measure is one focused specifically on assisting only DBEs, including women - owned DBEs. Race - neutral measure is one being, or can be, used to assist all small businesses. For the purposes of this part, race - neutral includes gender - neutrality. DISCRIMINATION PROHIBITED: No person shall be excluded from participation in, denied the benefits of, or otherwise discriminated against in connection with the award and performance of this contract on the grounds of race, color, sex or national origin. The following assurance becomes a part of this contract and must be included in and made a part of each subcontract the prime contractor enters into with their subcontractors (49 CFR 26.13): "The contractor, and /or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT — assisted contracts. Failure by the contractor to carry out these requirements is (breach) of this contract which may result in the termination of this contract or such other remedy as the Department deems appropriate. 7 Failure to Achieve Requirements: Periodic reviews shall be made by the Department to determine the extent of compliance with the requirements set forth in this provision. If the Contractor is found to be in noncompliance, further payments for any work performed may be withheld until corrective action is taken. If corrective action is not taken, it may result in termination of this contract. Participation will be counted toward fulfillment of the DBE goal as follows: (A) When a DBE participates in a contract, the Contractor counts only the value of the work actually performed by the DBE toward DBE goals. (1) Count the entire amount of the portion of a construction contract (or other contract not covered by paragraph (A) (2) of this section) performed by the DBE's own forces. Include the cost of supplies and materials obtained by the DBE for the work of the contract, including supplies purchased or equipment leased by the DBE (except supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate). (2) Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT - assisted contract, toward DBE goals, provided the Department determines the fee is reasonable and not excessive as compared with fees customarily allowed for similar services. (3) When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non -DBE firm does not count toward DBE goals. (B) When a DBE performs as a participant in a joint venture, count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of 8 the work of the contract the DBE performs with own forces toward DBE goals. (C) ntue to BE traod E goals ny te DBE is performing a commercially useful function ctor on that contract. (1) A DBE performs expendir a commercially useful function DB when responsible h for execution of the work of the contract and carrying out responsibilities by actually performing, D managing, and supervising the work i nvolved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials a and supplies used war on the contract, for negotiating price, determining s quality and quantity ordering the material, and installing t (where applicable and paying for the material itself. (2) A DBE does not perform a commercially useful function if their role is limited to being an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. (3) If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of their contract with their own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume the DBE is not performing a commercially useful function. (4) When a DBE is presumed not to be performing a commercially useful function as provided in paragraph (C) (3) of this section, the DBE may present evidence to rebut this presumption. (5) The Department's decisions on commercially useful function matters are subject to review by the US DOT, but are administratively appealable to the US DOT. (D) The following factors are to be used in determining whether a DBE trucking company is performing a commercially useful function: (1) The DBE must be responsible for the management and 9 sn of the entire trucking operation for which they are responsible on a particular contract, and there cannot be a contrived arrangement for the purpose io of meeting DB goals. (2) The DBE must itself own and operate at least one fully licensed, insured, and operational truck used n td he contract. (3) The DBE receives credit for the total value of the transportation services i t provides on the contract us1 ng trucks it owns, insures, and operates using dri it employs. (4) The DBE may lease trucks from another DBE firm, including an owner /operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provided on the contract. (5) The DBE may also lease trucks from a non -DBE and is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. (6) For purposes of this paragraph (D), a lease must indicate the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. (E) Count expenditures with DBEs for materials or supplies toward DBE goals as provided in the following: (1) (i) If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies toward DBE goals. (ii) For purposes of this paragraph, a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character 10 described by the specifications. (2) (i) If the materials or supplies are obtained from a DBE regular dealer, count 60 percent of the cost of the materials or supplies toward DBE goals. (ii) For purposes of this section, a regular dealer is a firm owning, operating, or maintaining a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. (A) To be a regular dealer, the firm must be an established, regular business engaging, as its principal business and under its own name, in the purchase and sale or lease of the products in question. (B) A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph (E)(2)(ii) if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long -term lease agreement and not on an ad hoc or contract -by- contract basis. (C) Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of this paragraph (E)(2). (3) With respect to materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, toward DBE goals, provided you determine the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. Do not count any portion of the cost of the materials and supplies themselves toward DBE goals, however. 11 (4) Do not count the participation of a DBE subcontractor toward the prime contractor's DBE achievements until the amount being counted toward the goal has been paid to the DBE. (5) No participation will be counted not in compliance with Special Provision entitled "Criteria for Acceptability" which is a part of this contract or with any provisions included in 49 CFR Part 26. (6) If the contract amount overruns, the contractor will not be required to increase the dollar amount of DBE participation. If the contract amount under runs, the contractor will not be allowed to under run the dollar amount of DBE participation except when the DBE subcontracted items themselves under run. REPORTS A: The contractor shall submit a "DBE Participation Report" on this contract monthly which shall include the following: 1. The name of each DBE participating in the contract. 2. A description of the work to be performed, materials, supplies, and services provided by each DBE. 3. Whether each DBE is a supplier, subcontractor, owner /operator, or other. 4. The dollar value of each DBE subcontract or supply agreement. 5. The actual payment to date of each DBE participating in the contract. 6. The report shall be updated by the Prime Contractor whenever the approved DBE has performed a portion of the work that has been designated for the contract. Copies of this report should be transmitted promptly to the Engineer. Failure to submit the report within 30 calendar days following the end of the month may cause payment to the contractor to be withheld. 7. The Prime Contractor shall notify the Project Engineer at least 24 hours prior to the time the DBE commences working on the project. The DBE must furnish supervision of the DBE portion of the work, and the person responsible for this supervision must report to the Project Engineer when they begin work on the project. They must also inform the Project Engineer when their forces will be doing work on the project. 12 B. In order to comply with 49 CFR 26.11, the Prime Contractor shall submit documentation regarding all payments made from the Prime to all DBE subcontractors on federal aid projects in the form of copies of cancelled checks or notarized electronic documentation which validates said payments made on the DBE Monthly Participation Reports. This information shall be required monthly and submitted with the DBE Monthly Participation Report. C. Failure to respond within the time allowed in the request will be grounds for withholding all payments on all Contracts. SUBSTITUTION OF DBEs: The Contractor shall make reasonable efforts to replace a DBE Subcontractor unable to perform work for any reason with another DBE. The Department shall approve all substitutions of Subcontractors in order to ensure the substitute firms are eligible DBEs. CERTIFICATION OF DBEs: To ensure the DBE Program benefits only firms owned and controlled by Disadvantaged Individuals, the Department shall certify the eligibility of DBEs and joint ventures involving DBEs named by bidders. Questions concerning DBE Certification /Criteria should be directed to the EEO Office at (404) 631 -1972. 13 SECTION AB -6 INSTRUCTION FOR REPORTING DBE PARTICIPANTS AND DBE PARTICIPATION FORM, REVISED 07/2010 AB -6 Revised 06 -01 -2010 INSTRUCTIONS TO CONTRACTOR DBE PARTICIPATION REPORT In order to receive credit toward the DBE Goal, the prime contractor must complete the report in its entirety and submit this form MONTHLY to the Project Manager in charge of the contract. Failure to submit this form will result in no credit toward the contract DBE requirements. 1. PROJECT NUMBER — This is the GDOT assigned project number — See Contract. 2. COUNTY — See Contract. 3. CONTRACT ID NUMBER — This is the GDOT Contract Identification Number — See Contract. 4. CONTRACTOR NAME — 5. REPORT SUBMISSION DATE — This is the date the report is completed. 6. REPORT NUMBER — Reports must be consecutively numbered. 7. REPORT TYPE — This should be checked monthly until all work has been completed, at which time the Report Type should be changed to Final and submitted to the Project Manager. 8. DATE WORK BEGAN — This is the date of the first day any work occurred on the project. 9. DBE REQUIRED PERCENTAGE — This is the total required % of the original contract amount. 10. CONTRACT $ AMOUNT — DBE Amount: The DBE amount and percentage are the DBE amount and percentage shown in the original contract. (In some instances, this amount may be greater than the percentage amount and may exceed the percentage in the contract; for reporting purposes, the amount over the DBE percentage on this contract is considered race neutral). Original subcontract amount should be at least the amount listed in the contract. Any amounts above the race conscious number or percentage are counted as race neutral and should be shown on report on a separate line than the race conscience. The contractor cannot add the race neutral until the race conscious is exceeded. 11. PERCENT $ COMPLETE — Insert the Percentage Complete, which reflects the percentage of project completed in dollars to the ending date of this report. 12. DBE $ AMOUNT — The is the total dollar amount representing the percentage of the original contract. 13. PERCENT PROJECT COMPLETE — Insert the Percentage of Proiect Complete, which indicates the time completed on the project. 14. DATE CLOSING THIS REPORT — Please check the appropriate date for the close of payments for this report. 15. SUPPLIER (S) — One who supplies material to the Project. The dollar value shown in the contracts for suppliers represents the calculated sixty percent (60 %) dollar value of the original amount; therefore, the supplier percentage requires no further adjustments. The amount in the contact should be shown as the subcontract amount. 16. OWNER / OPERATOR (0) — One who owns and operates the equipment themselves. 17. SUBCONTRACTOR (SC) — Those who aren't a supplier or owner /operator. 18. SUBCONTRACTOR AGREEMENT RECEIVED (SAR): The Department requests that you supply a copy of valid executable subcontract agreements between your company and your DBE sub- contractors per section 108.01 of the Standard Specifications. All subcontracts shall include the Required Contract Provisions, FHWA 1273; these provisions shall not be incorporated by reference. A copy of subcontractor agreement (SAR) between the prime and each DBE must be submitted to the Area Engineer's Office. 19. RACE NEUTRAL (RN) — DBE participation that would have been used in the absence of any contract goal provisions. 20. RACE CONSCIOIUS — DBE participation that was utilized specifically to meet the proposed contract goal or portion thereof. 21. ORIGINAL SUBCONTRACT AMOUNT — This is the original amount shown in the Signed Contract. 22. PREVIOUS PAYMENTS — This totals all PAYMENTS prior to this report. 23. PAYMENTS THIS REPORT — These are the totals of PAYMENTS during this report period only. 24. PAYMENTS TO DATE — Show the actual amount that each DBE has payments to -date under the contract based on the unit prices paid to the DBE by the prime contractor and not contract unit prices. When a supplier is used to fulfill the DBE requirements, only 60% of the amount earned by the supplier may be entered. Show that total amount in the space provided. 25. CURRENT COLUMN TOTALS — Total each column. 26. PERCENT OF CONTACT — This percentage is calculated using the contract amount and the total DBE payments -to -date. 27. CERTIFICATION — The contractor or his authorized representative must sign this form prior to submittal. Failure to complete and submit this form in a timely manner may delay monthly progress payments. 28. DBE must perform at least 30% of work with own forces to meet commercially useful function criteria (49CFR26.55). If a DBE subcontracts part of the work of its contract to another firm, the value of the work can only be counted toward the DBE goal if the DBE's subcontractor is itself a DBE. 29. A DBE hauler must itself own and operate at least one fully licensed, insured and operational truck to be used on the contract. 30. Payments and commitments for Federal -aid projects shall be separate and distinct and cannot be transferred or combined in any manner. 31. Credits towards DBE goal can only be claimed after the amount being claimed toward the goal has been paid to the DBE. Attach cancelled checks: Prime Contractor shall submit documentation regarding all payments made from the Prime to all DBE subcontractors on federal aid projects in the form of copies of cancelled checks or notarized electronic documentation which validates said payments made on the DBE Monthly Participation Reports. This information shall be required monthly and submitted with the DBE Monthly Participation Report (49CFR26.11). GENERAL INFORMATION The prime contractor may change DBE firms only with the approval of the District Engineer, provided the changes confirm to contract regulations. The prime contractor is responsible for sending a copy of the subcontractor agreement between the prime and its subcontractors to the Project Manager. After submitting this document to the Project Manager, the prime contractors checks the block on the DBE Participation Report. Only one copy of the subcontractor agreement is requested for each DBE subcontractor. If the prime contractor has not submitted a copy of the subcontractor agreement between the prime and its DBE subcontractor(s), the project manager will contact the prime contractor and request this document. The prime contractor is not requested to send copies of the subcontractor agreement signed with the DBE firms to multiple offices within GDOT. Sending this information to the Project Manager will satisfy the federal requirements. The prime contractor is responsible to accurately complete the report prior to submitting to the department. Once submitted to the department, the department project manager is responsible for reviewing it for accuracy. If the report is inaccurate, the department project manager shall send the report back to the prime contractor for corrections. Payment will be withheld by the Department until a correct report is received. The prime contractor is required to submit the monthly DBE from the month of Notice To Proceed until the Final DBE Report is submitted. Payment will be withheld by the Department until the report is received. Upon completion of the work, a final "DBE Participation Report" will be required and submitted to the Area Engineer prior to final payment. All information shown on the form must be completed, including the payments of each approved DBE. Joint ventures between non -DBE and certified DBE: Only that portion of the work for which the DBE is responsible may be used to satisfy the requirements. Should you have questions about the Monthly DBE Participation Report — ARRA Reporting, contact the local District Contracts Administration Office or District EEO Officer. FOR DEPARTMENTAL USE ONLY: Federal Law requires that the work of DBE contractors be monitored in the field as part of the effort to ensure that DBEs are actually performing the work (49CFR26.37 (b). District EEO Officers must receive copies of the Monthly DBE Participation Reporting. Revised 09/30/11 N Plea select the appropriate participation report for the drop down menu below MONTHLY DBE PARTICIPATION REPORT REPORT SUBMISSION DATE: PROJECT NO. (S) COUNTY: REPORT #: CONTRACT ID #: CONTRACTOR: JANUARY 31 ❑ JULY 31 ❑ FEBRUARY 28 ❑ AUGUST 31 ❑ DATE WORK BEGAN: DBE REQUIRED %: % MARCH 31 LI SEPTEMBER 30 ❑ CONTRACT $ AMOUNT: % DOLLAR COMPLETE: % APRIL 30 ❑ OCTOBER 31 ❑ DBE $ AMOUNT: % PROJECT COMPLETE: % MAY 31 ❑ NOVEMBER 30 ❑ JUNE 30 ❑ DECEMBER 31 ❑ S= SUPPLIER IO= OWNER /OPERATOR ISC= SUBCONTRACTOR TSAR= SUBCONTRACTOR AGGREEMENT RECEIVED IRN =RACE NEUTRAL IRC =RACE CONSCIOUS APPROVED DBE VENDOR ID DESCRIPTION OF WORK S 0 SC SAR RN RC ORIG. SUBCONTRACT AMOUNT PREVIOUS PAYMENTS PAYMENTS THIS REPORT PAYMENTS TO DATE 01. O 0E101= 02. O 0011100 03. 011111100111 04. ❑ ❑ ❑ ❑ ❑ ❑ 05. ❑ ❑ ❑ ❑ ❑ ❑ CURRENT COLUMN TOTALS % PAID TO DATE 1 HEREBY CERTIFY THAT THE ABOVE STATEMENT IS TRUE AND CORRECT AND FOR DEPARTMENTAL USE ONLY: SUPPORTING DOCUMENTATION IS ON FILE AND IS AVAILABLE FOR INSPECTION THIS DOCUMENT HAS BEEN REVIEWED AT THE PROJECT LEVEL BY: BY DEPARTMENT PERSONNEL AT ANY TIME. PRINT NAME: SIGNATURE: TITLE PRINT NAME: (MANDATORY) SIGNATURE: THIS DOCUMENT HAS BEEN REVIEWED AT THE DISTRICT LEVEL BY: (MANDATORY) CONTRACTOR PRINT NAME: SIGNATURE: TITLE (MANDATORY) Page 1 of 1 SECTION AB -7 SPECIAL PROVISIONS, PROMPT PAYMENT AB -7 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA First Use 2001 Specifications: November 01, 2002 Revised: November 19, 2006 SPECIAL PROVISION PROMPT PAYMENT: Prime Contractors, who sublet a portion of their work, shall pay their subcontractors for satisfactory performance of their contracts no later then 10 calendar days from receipt of each payment made to them. Any delay or postponement of payment among the parties may take place only for good cause with prior written approval from the Department. If the contractor is found to be in noncompliance with these provisions, it shall constitute a breach of contract and further payments for any work performed may be withheld until corrective action is taken. If corrective action is not taken, it may result in termination of the contract. All subcontract agreements shall contain this requirement. SECTION AB -8 REQUIRED CONTRACT PROVISIONS, BUY AMERICA AND CONVICT PRODUCED MATERIALS AB -8 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA REQUIRED CONTRACT PROVISIONS FOR FEDERAL -AID CONTRACTS BUY AMERICA Revised: March 25, 1992 Revised: January 7, 1994 Revised: June 9, 1995 First Use 2001 Specifications: November 1, 2002 All manufacturing processes for steel and iron materials and steel and iron coatings permanently incorporated into this project must occur in the United States of America. However, pig iron and processed, pelletized, or reduced iron ore used in the production of these products may be manufactured outside the United States. This requirement, however, does not prevent a minimal use of foreign materials and coatings, provided the cost of materials and coatings used does not exceed one -tenth of one percent (0.1 percent) of the total contract cost or $2,500.00, whichever is greater. NOTE: Coatings include: epoxy coating, galvanizing, painting and any other coating that protects or enhances the value of the material. CONVICT PRODUCED MATERIALS March 25, 1992 Revised: September 6, 1993 First Use 2001 Specifications: November 1, 2002 Materials produced by convict labor after July 1, 1991, may not be used for Federal -Aid highway construction projects unless it meets the following criteria: 1. The materials must be produced by convicts who are on parole, supervised release or probation from a prison; or, 2. If produced in a qualified prison facility, the amount of such materials produced in any 12 -month period shall not exceed the amount produced in such facility for such construction during the 12 -month period ending July 1, 1987. A qualified prison is defined as one producing convict made materials prior to July 1, 1987. 107 SECTION DAVIS BACON WAGE RATE The Davis Bacon Wage Rate applies to James Brown Boulevard Streetscape (P.I. No. 009126). Please find a copy of current wage rate: General Decision Number: GA130007 01/04/2013 GA7 Superseded General Decision Number: GA20120007 State: Georgia Construction Type: Highway Counties: Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Taliaferro, Warren, Washington and Wilkes Counties in Georgia. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/04/2013 SUGA2011 -007 03/07/2011 Rates Fringes CARPENTER $ 11.45 CEMENT MASON /CONCRETE FINISHER...$ 11.36 LABORER Asphalt Raker $ 11.00 Asphalt Screed Person $ 10.50 Common or General $ 8.93 Form Setter $ 10.35 Guardrail Erector $ 13.50 Milling Machine Ground Person $ 10.00 Pipe Layer $ 10.20 POWER EQUIPMENT OPERATOR: Asphalt Distributor $ 14.10 Asphalt Paver /Spreader $ 12.00 Backhoe /Excavator $ 10.80 Bulldozer $ 11.60 Compactor $ 10.00 Crane /Dragline $ 17.50 Front End Loader $ 10.70 Material Transfer Vehicle (Shuttle Buggy) $ 11.30 AB -9 -1 Mechanic $ 12.75 Milling Machine $ 11.50 Motorgrader Fine Grade $ 14.55 Motorgrader/Blade $ 16.00 Roller $ 10.00 Water Truck $ 11.25 TRUCK DRIVER 26,000 GVW & Under $ 10.79 26,001 GVW & Over $ 12.75 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 (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non - union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198 -005 07/01 /2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. AB -9 -2 The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate /collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004 -007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) 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 AB -9 -3 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. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION AB -9 -4 E" OR GI A Attachment B You Must Complete and Return all 3 pages of Attachment B with Your Submittal. Document Must Be Notarized. Augusta, Georgia Augusta Procurement Department ATTN: Procurement Director 530 Greene Street, Suite 605 Augusta, Georgia 30901 e-D Name of Bidder: 1—A ce 21 I CiT tV%+ sk-cSCIC/A-Te 1 i C_ Street Address: 1 2 49 4 cAzcNct•-. - eAsne. ?�M:) City, State, Zip Code: Al-r4t..V&TA bc, 0, Phone: 1CCo`724 Fax:1CLo 1Z4 - 1641 Email: t eLA-dA. LoNg Do You Have A Business License? Yes: No: Business License # for your Company (Must Provide): i_oe. 2c4c) atm 2.-924- 1 Company must be licensed in the Governmental entity for where they do the majority of their business. If your Governmental entity (State or Local) does not require a business lic,ense, your company will be required to obtain a Richmond County business license f awarded a Bid/RFP/RFQ. For further information contact the License and Inspection Department •• 706 312-5162. list the State. City & County that issued your license: 4ace4 I A - Avcit/57 CAA MAN 1 Acknowledgement of Addenda: (#1) • NOTE; (#2): (#3) ( TE ) BOX(E : )- ADD AD elT (#7) ERS ABLE Statement of Non-Discrimination The undersigned understands that it is the policy of Augusta, Georgia to promote full and equal business opportunity for all persons doing business with Augusta, Georgia. 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, Georgia. The undersigned further covenants that we have completed truthfully and fully the required forms regarding good faith efforts and local small business subcontractor/supplier utilization. The undersigned further covenants and agrees not to engage in discriminatory conduct of any type against local small businesses, in conformity with Augusta, Georgia'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 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 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 Augusta, Georgia to declare the contract in default and to exercise any and all applicable 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. Bid 14-127A James Brown Boulevard Streetscape, Phase I Page 9 of 16 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, 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 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. Collusions and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. Conflict of Interest By submission of a bid, the responding firm certifies, under penalty of perjury, that to the best of its knowledge and belief: 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 interest 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 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 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. You Must Complete and Return all 3 pages of Attachment B with Your Submittal. Document Must Be Notarized. Bid 14 -127A James Brown Boulevard Streetscape, Phase I Page 10 of 16 Attachment B - Page 3 of 3 Contractor Affidavit and Agreement By executing this affidavit, the undersigned contractor verifies its compliance with 0.C.G.A. 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603), in accordance with the applicability provisions and deadlines established in 0.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, Georgia Board of Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with 0.C.G.A 13 -10 -91 on the Subcontractor Affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta, Georgia 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 Identification Number (Company l.D.) on or after July 1, 2009. For additional information or to enroll your company, visit the State of Georgia website: https: / /e verifv.uscls.clov /enrol/ and /or http: / /www.dot.state.ga.us /pdf /rules /300 10 1.pdf "E- Verify * User Identification Number (Company l.D.) G sOO1 4 NOTE: E- VERIFY USER iDENDIFICATiON NUMBER (COMPANY 1.D.) MUST BE PROVIDED: IN ADDITION, THE RECOMMENDED AWARDED VENDOR WiLL BE REQUIRED TO PROVIDE A COPY OF HOMELAND SECURITY'S MEMORANDUM OF UNDERSTANDING (MOU) The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the Augusta, Georgia 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 n - compliant If any part of this process is violated. ►gle`�/ c cry St 'N - I me. C�... 1a c� , BY: Authorized 0 cer . r Agent ontractor Sig •b Title of Authorized Officer br Agent of Contractor 1 I. ",,,emsiftworge-iNe * Printed Name of Authorized O Agent SUBSCRIBE Ann R ORN BEFORE ME ON THIS THE 8 DAY OF , 2014 ..we0 0 SEAL_ Nota.1 lli1 y Public Columbia Count'j My Commission Expires: wi0n Exam O6, You Must Complete and Return all 3 pages of Attachment B with Your Submittal. Document Must Bs Notarized. REV. 8/15/2011 Bid 14 - 127A James Brown Boulevard Streetscape, Phase Page 11 of 16 THIS CERTIFICATE IS :OBE POSTED IN A CONSPICUOUS PLACE IN THE BUSINESS HEREIN DESCRIBED. BUSINESS AUGUSTA 2014 CERTIFICATE THIS CERTIFICATE EXPIRES December 31st, 2014 MAILING ADDRESS INFORMATION LARRY PITTMAN & ASSOC. 1249 GORDON PARK RD AUGUSTA, GA 30901 BUSINESS LICENSE # LCC20030029241 ISSUE DATE: 01/09/2014 CERTIFICATE ISSUED IN THE NAME OF: LARRY PITTMAN & ASSO, CLASSIFICATIONS): 233220 - LIGHT COMMERCIAL CONTRACTOR (1) BUSINESS TYPE: Contractor BUSINESS LOCATION: 1249 GORDON'PARK , AUSUSTAGA 30901 CERTIFICATE HOLDER INFORMATION: TIMOTHY PITTMAN THE LICENSE AND INSPECTION DEPARTMENT SHALL HAVE THE RIGHT TO SUSPEND ANY CERTIFICATE IF THE BUSINESS VIOLATES ANY LAW OR ORDINANCE OF THE UNITED STATES, THE STATE OF GEORGIA, OR RICHMOND COUNTY. G 0 'Ft G.' I A You Must Complete and Return with Your Submittal. Document Must Be Notarized Systematic Alien Verification for Entitlements (SAVE) Program Affidavit Verifying Status for Augusta, Georgia Benefit Application By executing this affidavit under oath, as an applicant for an Augusta, Georgia Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit, Contract or other public benefit as reference in O.C.G.A. Section 50 -36 -1, I am stating the following with respect to my bid for an Augusta, Georgia contract for JBid/RFP ect Number and project Name] 1 t M.e :•"1 C, t fPrf t/Type: Name of n ra person applying on behalf 1 -1---$45. " „ j dfWduaf, business, corporation, partnership, or other private entity] [PrJ e: Name of business, corporation, partnerstip, or other private entity] " ' 1.) f am a citizen of the United States. OR 2.) 1 am a legal permanent resident 18 years of age or older. OR 3.) I am an otherwise qualified alien (8 § USC 1641) or nonimmigrant under the Federal Immigration and Nationality Act (8 USC 1101 et seq.) 18 years of age or older and lawfully present in the United States. In making the above representation under oath, t understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16-1 i r of the Official Code of Georgia. Signa re of Appilca Printed Name * Alien Registration Number for Non- Citizens SUBSCRIBED AN e A • 'N EF •EF e "E ME ON THIS THE - CS" DAY OF 1 .b‘t.1 .20 L4. Notary Pu 1 � Columbia Co -11v Da My Commission Expires: , o . 2a a 0 NOTARY SEAL Note: THIS FORM MUST BE RETURNED WITH YOUR SUBMITTAL REV. 9/25/2012 Bid 14 -127A James Brown Boulevard Streetscape, Phase I Page 12 of 16 G W G - R.•G.'I A STATE OF GEORGIA - COUNTY OF RICHMOND BID /RFP /RFQ# 14. 127A SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with 0.C.G.A. 13 -10- 91, stating affirmatively that the individual, firm, or corkoration whiclk is engaged in the physical performance of services under a contract withL,&P91 mitt 1. tnSUC..on behalf of Augusta, Georgia Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information- of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), P.L. 99- 603), in accordance with the applicability provisions and deadlines established in O. C. G. A 13- 10 -91. 2 3coot 4- E- Verif * User Identification Number j AssociA-Tt3 Comp - BY: Authorized Offic=A gent (Contractor Signa • = ��' -mss•. �„,� Title of Authorized Officer br Agent of Contractor Georgia Law requires your company to have an _-- -- ---- /� '` j E- Verify*User Identification Number on or after July 1 . .a/tit=r'lua i• a �. �.+, `y r -+�.4, L 1, 2009. Printed Name of Authorized Officer or 'gent For additional information: State of Georgia http:// www .dol.state.ga.uslpdf /ruies/300 10 1.odf SUBSCRIBED AND SWORN BEFORE ME ON THIS THE https: / /e- verifv.uscis.ciov /enroll/ 1 .• : vl ,2014 Notary a.• My Commission Expires: WW1 Pubic Columbia County lag Commission Expires NOTARY SEAL Note: The successful vendor will submit the above forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received). REV. 7/22/2011 Bid 14 -127A James Brown Boulevard Streetscape, Phase I Page 13 of 16 G E'.O R G::I A In accordance with the Laws of Georgia, the following affidavit is required by all vendors NON - COLLUSION AFFIDAVIT OF SUBCONTRACTOR 'j t— t�► e_rtify that this bid or proposal is made without prior understanding, agreement or connection with anyicorporation, firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion or fraud. 1 understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder. ffiant furth -+ -tes that pursuaN to O.C.G.A. Section 36 -91 -21 (d) and (e), ��.. o has not by itself or with others, directly or indirectly, prevented or atte pted to prevent competition in s h bidding or proposals by any means whatsoever. Affiant further states that (s)he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to withdraw a bid or offer for the work. Affiant further states that the said offer of elt 5$Z i 6;t31. `7 3 is bona fide, and that no one has gone to any supplier and attempted to get such person or company to furnish the materials to the bidder only, or if furnished to any other bidder, that the material shall be at a higher price. Signature of Authorized Company resentative 1 �. 71Ezn.1 Title Sworn to and su • . • • • = ore - • C4 "day of , 204 Nota ,;,•fie �---�� Notary Public: !mss cN -4Rb 1 itoLAy (Print Name) County: O(` ,ut`NEVA Commission Expires: Mowry missi Coiumbia t:ouMY OTARY SEAL Note: The successful vendor win submit the above forms to the Procurement Department no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received). Rev. 7/22/2011 Bid 14 -127A James Brown Boulevard Streetscape, Phase I Page 14 of 16 DBE GOALS VENDOR ID: BIDDER'S COMPANY NAME: PROJECT NO & COUNTY: James Brown Boulevard Streetscape GDOT Project Number CSTEE- 009 - 00(126) Richmond County LET NO: P.I. No 009126 LET DATE: April 2012 TOTAL BID: THE REQUIRED DBE GOAL ON THIS CONTRACT IS: 9% I PROPOSE TO UTILIZE THE FOLLOWING DBE CONTRACTORS: IT OF DBE PARTICIPANTS DBE NAME/ VENDOR ADDRESS (CITY, *WORK Race Race NUMBER STATE) TYPE OF WORK CODE Neutral Conscious AMOUNT 2011 GadrAA .Gtiizeat,rq 0422,0 %Act 41441011.44 S8, 242b.4 3 ati 1ris11•d • • t ALAWSP% ,G4 +• • . °-4 I MC ConCi s ` TOTAL 58, 2 4) • it 'For Departmental use only. Do not fill In Work codes. PLEASE NOTE: Only 60 % of the participation of a DBE Supplier who does not manufacture or install the product will be counted toward the goal. See below for further instructions. Q es 14 { DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA, FEDERAL AID CERTIFICATION (English Project) August 23, 2001 First Use Date 2001 Specifications: November 1, 2002 Failure to complete appropriate certification requirements identified below or submission of a false certification shall render the bid non - responsive, EQUAL EMPLOYMENT OPPORTUNITY I further certify that I have /have not participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that I have / have not filed with the Joint Reporting Committee, the Director of the O of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. I understand that if I have participated in a previous Contract or Subcontract subject to the Executive Orders above and have not filed the required reports that 41 CFR 60- 1.7(bX1) prevents the award of this Contract unless I submit a report governing the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U. S. Department of Labor. Reports and notifications required under 41 CFR 604, including reporting subcontract awards in excess of $10,000.00 should be addressed to: Ms. Carol Gaudin Regional Director; U. S. Department of Labor Office of Federal Contract Compliance Programs, Region 4 Rm. 7B75 61 Forsyth St. SW Atlanta GA 30303 EXAMINATION OF PLANS AND SPECIFICATIONS I acknowledge that this Project will be constructed in English units. I certify that I have carefully examined the Plans for this Project and the Standard Specifications, 2001 Edition, and the Supplemental Specifications and Special Provisions Included in and made a part of this Proposal, and have also personally examined the site of the work On the basis of the said Specifications and Plans, I propose to furnish all necessary machinery, tools, apparatus and other means of construction, and do all the work and furnish all the materials In the manner specified. I understand the quantities mentioned are approximate only and are subject to either increase or decrease and hereby propose to perform any increased or decreased quantities of work or extra work on the basis provided for in the Specifications. DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA - I also hereby agree that the State, or the Department of Transportation, would suffer dama equal to at least the amount of the enclosed Proposal Guaranty, in the event m Proposal a sum accepted and a Contract tendered me thereunder and I should refuse to execute same and ibrnish bond as herein required, in consideration of which I hereby agree that, in the event of such failure on my part to execute said Contract and furnish bond within fifteen (15) days after the date of the letter transmitting the Contract to me, the amount of said Proposal Guaranty shall be and is hereby, forfeited to the State, or to the Department of Transportation, as liquidated damages as the result of such failure on my part. I Anther propose to execute the Contract agreement described in the Specifications as soon as the work is awarded to me, and to begin and complete the work within the time limit provided. I also propose to furnish a Contract Bond, approved by the State Transportation Board, as required by the laws of the State of Georgia. This bond shall not only serve to guarantee the completion of the work on my part, but also to guarantee the excellence of both workmanship and materials until the work Is finally accepted, as well as to fully comply with all the laws of the State of Georgia. CONFLICT OF INTEREST By signing and submitting this Contract I hereby certify that employees of this company or employee of any company supplying material or subcontracting to do work on this Contract will not engage in business ventures with employees of the Georgia Department of Transportation (GA D.O.T.) nor shall they provide gifts, gratuities, favors, entertainment, loans or other items of value to employees of this Also, by signing and submitting this Contract I hereby certify that 1 will notify the Georgia Department of Transportation through its District Engineer of any business ventures entered into between employees of this company or employees of any company supplying material or subcontracting to do work on this Contract wfth a family member of GA D.O.T. employees. DRUG FREE WORKPLACE The undersigned certifies that the provisions of Code Sections 50-24-1 through 50 -24 -6 of the Official Code of Georgia Annotated, relating to the "Drug -free Workplace Act ", have been complied with In full. The undersigned further certifies that: (1) A drug -free workplace will be provided for the Contractor's employees during the performance of the Contract; and (2) Each Contractor who hires a Subcontractor to work in a drug -free workplace shall secure from that Subcontractor the following written eerti€icaeon: ": part of the subcontracting agreement with- 3 �4 j( ?•C •.. r":,. _4-_, a : 40".I, a' ; • es to the Contractor that a drug � be rovi for Subcon, : ctor's employees during the performance of this Contract pursuant to provided aragr ph (7) the subsection (b) of Code Section 50- 24 -3." Also, the undersigned further certifies that he will not engage in the unlawful manufacture, sale distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract. DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA NON - COLLUSION CERTIFICATION I hereby certify that I have not, nor has any member of the firm(s) or corporation(s), either directly or indirectly entered into any agreement, participated in any collusion, nor otherwise taken any action in restraint of free competitive bidding in connection with this submitted bid. It is understood and agreed that this Proposal is one of several competitive bids made to the Department of Transportation, and in consideration of mutual agreements of the bidders, similar hereto, and in consideration of the sum of One Dollar cash in hand paid, receipt whereof is hereby acknowledged, the undersigned agrees that this Proposal shall be an option, which is hereby given by the undersigned to the Department of Transportation to accept or reject this Proposal at any tune within thirty (30) calendar days from the date on which this sealed proposal is opened and read, unless a longer period is specified in Proposal or the successful bidder agrees in writing to a longer period of time for the award, and hi consideration of the premises, it is expressly covenanted and agreed that this Proposal is not subject to withdrawal by the Proposer or Bidder, durhig the term of said option. I hereby acknowledge receipt of the following checked amendments of the Proposal, PIans, Specifications and/or other documents pertaining to the Contract. Amendment Nos.: 1 2 3 d 5 . I understand that failure to confirm the receipt of amendments is cause for rejection of bids. • Witness my hand and seal this thy— day of J •.••-f 20 14. L— ARRy r'r Tn.."41.4 4 A JA -?EIS, I MC The bidder(s) whose signaturc(s) appear on this rant Company Name) document, having personally appeared before me, and being duly sworn, deposes and says that the di : - (Seal) above statements are true and correct. Corporate P -,_ .r President or Individual ' weer < Partner (Strike Sworn to and subscribed before me this 2 through all ,r,, one which applies.) 2 day of J 4..)1..1 , 20 14 . Joint Bidder: r43) (Print Company Name) My Commission :r � o f By (Seal) ��n day Corporate President/Vice President or Individual Owner or Partner (Strike through all except the one which applies.) 8 t 1/470 5 5 4.3 Joint Bidder: r ederal ID No./IRS No.) (Print Company Name) By S Corporate President/Vice President or or Individual Owner or Partner (Strike through all except the one which applies.) !I: * GEORGIA SECURITY AND IMMiGRAATiON COMPLIANCE ACT AFFIDAVIT Contract No. and Name: . 009126 Richmond Proiect Nam Jam ``� es Brown Boulevard Streetscape Name of Contracting Entity: �r a Tps.,44. ? ,�,�1,4. 1NC. I By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E- Verify *, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13- 10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the Information required by O.C.G.A. § 13.10 - 91(1)). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation at the time the subcontractor(s) is retained to perform such service. Z o ©tg- Iq$S EV/ E - Veri user Identification Number Date of Authorization g& 4* Trt^ 1 . 4 161/sgst4 0 2. ..../ 2.0 I Li BY: Authorized Offi er or Agent ' (Contractor Name) Date " Title of Authorized 0 r or A ent of Contractor —. Printed Name of Authorized Offic or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 2 DAY OF .vLi , 201!t J �i`� NOTARY SEAL Note P_ I ty Pubic Columbia County Ga, My Commission Expire l I qExpitw06~28 * or any subsequent replacement operated by the United Stator Department of Homeland Security or at program operated by the United States to y equival federal work authorization Deb (IRCA), e o Homeland Sec,>city to verify information of ne ly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IIZCA ), P..G. 99-603 Revised 8/22/11