Embed Size (px)
Citation preview
CITY OF NEWBERRY SOUTH CAROLINA
803.321.1000
HVAC UPGRADES PROJECT
City of Newberry, S.C.
Central Midlands Council of Governments 803.744-5136
E-mail: [email protected] September 27, 2010
CITY OF NEWBERRY, SOUTH CAROLINA HVAC UPGRADES INVITATION TO BID
TABLE OF CONTENTS
Request for Bid ......................................................................................................................... 1
Scope of Work .......................................................................................................................... 2
Instructions to Bidders .............................................................................................................. 3 AIA Document A701, 1997 Edition ** (incorporated by reference)
Article 9 Supplementary Instructions to Bidders ....................................................................... 4
Certification Regarding Illegal Immigration ............................................................................... 5
Bid Bond (SE-335) .................................................................................................................... 6
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion............ 7
Bid Form ................................................................................................................................... 8
Standard Form of Agreement between Owner and Contractor................................................. 9 AIA Document A101, 2007 Edition ** (incorporated by reference)
General Conditions of the Contract for Construction, ............................................................... 10 AIA Document A201, 2007 Edition ** (incorporated by reference)
Standard Supplementary Conditions ........................................................................................ 11
EECBG Contract Provisions ..................................................................................................... 12
Buy America Provisions ............................................................................................................ 13
US Department of Energy Labor Standards Provisions............................................................ 14
Wage Rate Determinations....................................................................................................... 15
Performance Bond (SE-355)..................................................................................................... 16
Labor and Material Payment Bond (SE-357) ............................................................................ 17
Summary of Work ..................................................................................................................... 18
Unit Prices................................................................................................................................. 19
Reference Standards and Definitions ....................................................................................... 20
Project Meetings ....................................................................................................................... 21
Quality Control .......................................................................................................................... 22
CITY OF NEWBERRY REQUEST FOR BIDS HVAC UPGRADES
The City of Newberry is accepting bids on the anticipated purchase of ARRA/EECBG HVAC Upgrades for the City’s Public Safety Complex and Whitaker Fire Station. Sealed Bids for furnishing all materials, labor, tools, equipment and appurtenances necessary for the HVAC Upgrades will be received by the Project Administrator (on behalf of the Owner – City of Newberry) at the Central Midlands Council of Governments, 236 Stoneridge Drive, Columbia, SC 29210, until 12:00 p.m., local time, on October 27, 2010. The bids will be publicly opened and read aloud by the Project Administrator at Newberry City Hall, Council Chambers, 1330 College Street, Newberry, SC 29108 at 10:00 a.m., local time, on October 28, 2010. Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted. Instructions to Bidders, project bidding documents including specifications, bid forms and addenda are available by contacting George Bistany at [email protected] (e-mail) or by telephone at (803) 744-5136. An optional pre-bid conference will be held on Wednesday, October 6, 2010, at 10:30 AM at Newberry City Hall, Council Chambers. Attendance at the pre-bid conference is not required to submit a bid. The project consists of replacing the HVAC condensers and furnaces in the Police and Fire Station in the City of Newberry. The specific scope of work will be described in the Instructions to Bidders. The contractor shall be responsible for all work required making the new systems fully functional and operational. All contractors should adhere strictly to the bid specs for bid consistency. Comparable alternates will be considered upon bid award. This project is funded through the SC Energy Office’s Energy Efficiency and Conservation Block Grant (EECBG) Program and the American Recovery and Reinvestment Act (ARRA). All applicable federal compliance requirements must be met including Buy American Provisions, Title VI of the Civil Rights Act of 1964, the Davis-Bacon Act, the Anti-Kickback Act, the Contract Work Hours and Safety Standards Act, 40 CFR 33.240 and 10 CFR 600.236. Each Bidder must be qualified under the provisions of the South Carolina Contractor’s Licensing Law, Code, and Section 40-11-10, et seq. Female/Minority owned businesses and Disadvantaged Business Enterprises (DBE) are encouraged to respond.
The City of Newberry does not discriminate on the basis of age, color, religion, sex, national origin, familial status or disability in the admission or access to, or treatment or employment in, its federally assisted programs or activities.
508 East North Street, Greenville, SC 29601 Phone: 864-242-5844, www.cl-e.com
Scope of Work
Project: HVAC Replacement Date: August 6, 2010 Location: Newberry, South Carolina Prepared by: Jeff Caviness – Caviness Lambert Engineering, LLC The project consists of replacing the HVAC condensers and furnaces in the Police and Fire Station in the City of Newberry. The following is an outline of the scope of work. The contractor shall be responsible for all work required making the new systems fully functional and operational.
* All contractors should adhere strictly to the bid specs for bid consistency, but comparable alternates will be considered and encouraged upon bid
award. * General:
1. Contractors are encouraged to visit each site and review the existing units and conditions prior to submitting bids.
2. Removal and disposal of all existing systems. 3. Purchase and installation of all new HVAC, controls, and electrical equipment. 4. Provide new refrigerant piping to all units. 5. Rework duct and utility connections to fit with new equipment. 6. Provide new drain pans and verify drain lines are clear and operational. 7. Provide and install new float switch on drain pans. 8. Provide, rework, and/or install any required supports and miscellaneous steel. 9. All mechanical, electrical, controls, and miscellaneous work required to make
new units fully optional. 10. Confirm electrical requirements of new equipment and make revisions as
required. Several condensing units are changed from 3 phase to single phase power.
11. Provide and install new auto-changeover programmable thermostats. 12. Measure airflow and confirm the balance of each system after installation.
Police Station (remember “comparable alternates” will be considered after bid, but please quote specs below for consistency in bid process)
1. There are 5 systems in the police station. a. One (1) – 3 ton condenser w/ 60 MBH furnace b. Two (2) – 5 ton condensers w/ 120 MBH furnace c. Two (2) – 7-1/2 ton condensers w/ twinned 100 MBH furnaces
CAVINESS LAMBERT ENGINEERING, LLC
508 East North Street, Greenville, SC 29601 Phone: 864-242-5844, www.cl-e.com
CAVINESS LAMBERT ENGINEERING, LLC
2. The AHU and furnace units are locating in the ceiling space throughout the building.
3. Base bid shall be Trane Equipment. The following selections shall be used as base
bid, cost saving options will be considered. (Minimum Ratings: 3 & 5 ton - 16 SEER, 7.5 ton – 13 SEER, 90% AFUE furnaces).
a. 3 Ton (18 SEER)
i. Condenser – 4TTZ0036A1 ii. Furnace – TUH2B4080A9V3
iii. Coil – TXCB004CC3
b. 5 Ton (16.25 SEER) i. Condenser – 4TTZ0060A1
ii. Furnace – TUH2D120A9V5 iii. Coil – 4TXCD010CC3
c. 7.5 Ton
i. Condenser - TTA090D300 ii. Option to provide separate condensers - two (2) 4TTZ0048A1
iii. Furnace – twinned TUH2C100A9V4
Fire Station (remember “comparable alternates” will be considered after bid, but please quote specs below for consistency in bid process)
1. There are 3 systems in the fire station. a. Three (3) – 5 ton condensers w/ 120 MBH furnace
2. Two furnace units are located in a mechanical room. The other unit is above the
ceiling in the kitchen area.
3. Base bid shall be Trane Equipment. The following selections shall be used as base bid, cost saving options will be considered. (Minimum Ratings: 5 ton - 16 SEER).
a. 5 Ton (16.25 SEER) iv. Condenser – 4TTZ0060A1 v. Furnace – TUH2D120A9V5
vi. Coil – 4TXCD010CC3
Instructions to Bidders
AIA Document A701 – 1997 Edition
(Incorporated by reference)
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 9.1 AIA Document A701 is hereby modified by addition to, change of and/or deletion from existing paragraphs and/or insertion of additional paragraphs as follows: 9.2 RELATED DOCUMENTS
9.2.1 AIA Document A701-1997, hereby incorporated by reference 9.2.2 Request for Bids 9.2.3 Bid Form
9.3 MODIFICATIONS TO A701-1997 9.3.1 Delete Paragraph 1.1 and insert the following:
1.1 BIDDING DOCUMENTS include Bid Requirements and the proposed Contract Documents 1.1.1 Bid Requirements consist of the Request for Bid, AIA A701-1997,
Instructions to Bidders, Art 9, the Bid Form and any supplemental Instructions to Bidders included in the Bidding Documents and all Addenda issued prior to the receipt of Bids
1.1.2 Contract Documents consist of: 1.1.2.1 AIA A101-1997 Standard Form of Agreement Between Owner and
Contractor; hereby incorporated by reference and referred to hereafter as A101
1.1.2.2 A201-1997, General Conditions of the Contract for Construction; hereby incorporated by reference and referred to hereafter as A201
1.1.2.3 Additional Supplementary Conditions 1.1.2.4 The Scope of Work 1.1.2.5 The Contractor’s Bid and Contract Modifications issued after
execution of the Contract. All forms shall be referenced hereafter by the Form number only. The Contract Documents shall govern the Work under all Divisions and Sections the same as if incorporated herein.
9.3.2 Add the following subparagraph:
1.10 Architect/Engineer (A/E) - A person or firm who performs professional services associated with the practice of architecture, professional engineering, land surveying, landscape architecture and interior design pertaining to construction, as defined by the SC Code of Laws, as well as incidental services that members of these professions and those in their employ may logically or justifiably perform.
9.3.3 ARTICLE 4 BIDDING PROCEDURES
4.1.6 Delete subparagraph 4.1.6 and substitute the following : Bidder shall not qualify his bid.
4.2 Bid Security
Add the following subparagraph 4.2.4 Bid Bond: Each bid must be accompanied by a bid bond, duly executed by
the Bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of five percent (5 %) of the bid. Such bid bonds will be returned to all except the three lowest responsible bidders within ten (10) days after
the opening of bids, and the remaining bid bonds will be returned promptly after the Owner and the accepted Bidder have executed the Contract, or, if no award has been made within ninety (90) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. The Bid Bond of the successful Bidder will be retained until the Payment Bond and Performance Bond required hereinafter have been executed and approved, after which the Bid Bond will be returned. All Bid Bonds, Performance Bonds, and Payment Bonds, Insurance Contracts, and Certificates of Insurance shall be executed by or countersigned by an attorney-in-fact or a South Carolina licensed agent of the surety or insurance company having his place of business in the State of South Carolina. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of South Carolina. Surety companies signing bonds must appear on the Treasury Department's current list.
NOTE: A certified check will be accepted in lieu of a bid bond.
9.3.4 ARTICLE 7 PERFORMANCE AND PAYMENT BOND
7.1.4 Add the following subparagraph Performance Bond, Payment Bond : A Performance Bond and Payment Bond, each in the amount of one hundred (100%) percent of the contract price, with corporate surety listed on the Treasury Department's most current list (Circular 570, as amended), approved by the Owner, will be required for the faithful performance of the Contract. The Performance Bond shall remain in full effect through the guarantee period specific in the Contract Documents.
Attorneys-in-Fact who sign Bid Bonds or Payment Bonds and Performance Bonds shall be residents of South Carolina and must file with each bond a certified and effective dated copy of their power of attorney.
The party to whom the contract is awarded will be required to execute the Agreement and obtain a Performance Bond, a Payment Bond and Certificates of Insurance within seven (7) calendar days from the date when Notice of Award is delivered to the Bidder. The Notice of Award shall be accompanied by the necessary Agreement and Bond forms. In case of failure by the Bidder to execute the Agreement, the Owner may at his option consider the Bidder in default, in which case the Bid Bond accompanying the proposal shall become the property of the Owner.
The Owner, shall immediately upon receipt of the required Performance Bond, Payment Bond, Certificates of Insurance and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and issue a Notice to Proceed and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the Bidder may by written Notice withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the Notice by Owner.
ARTICLE 10 ADDITIONAL INSTRUCTIONS TO BIDDERS 10.1 Time of Completion and Liquidated Damage: The Bidder must agree to commence work on
or before a date to be specified. All work required by the Contract Documents shall be fully completed within the time for completion specified in the Bid unless modified by Change
Order in which case the date for completion of all work shall be as specified therein.
Bidders must agree also to pay as liquidated damages, the sum of money for each consecutive calendar day thereafter as indicated on the Bid Form.
10.2 State License: Each Bidder must meet the provisions of Section 40-11-10, et seq. of the
Code of Laws of South Carolina 1976, as applicable. 10.3 Contractor shall comply with the following Certification Regarding Illegal Immigration (Nov.
2008)
consecutive calendar day thereafter as indicated on the Bid Form. 10.2 State License: Each Bidder must meet the provisions of Section 40-11-10, et seq. of the
Code of Laws of South Carolina 1976, as applicable. 10.3 Contractor shall comply with the following Certification Regarding Illegal Immigration (Nov.
2008)
CERTIFICATION REGARDING ILLEGAL IMMIGRATION (NOVEMBER 2008)
(An overview is available at www.procurement.sc.gov) By signing your bid, the contractor certifies that you will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws and agree to provide to the State upon request any documentation required to establish either: (a) that Title 8, Chapter 14 is inapplicable to you and your subcontractors or sub-subcontractors; or (b) that you and your subcontractors or sub-subcontractors are in compliance with Title 8, Chapter 14. Pursuant to Section 8-14-60, "A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both." You agree to include in any contracts with your subcontractors language requiring your subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14.
SE-335 Bid Bond
KNOW ALL PERSONS BY THESE PRESENTS THAT
(Insert full name and address or legal title of Bidder) hereinafter referred to as "Principal," and
(Insert full name and address of principal place of business of Surety)
2008 Edition
a corporation duly organized and existing under the laws of the State of , with its principal office in the City of , and authorized to transact business in this State, hereinafter called the "Surety", are jointly and severally held and firmly bound unto
(Insert full name of Agency) hereinafter referred to as "Obligee", the sum of , being the sum of the Bond to which payment the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted to Obligee the accompanying bid incorporated by reference herein, dated as shown, to enter into a contract in writing for
(Insert the State Project Number & Name as found on the SE-330, Bid Form)
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that default of Principal shall occur upon the failure of the Principal to deliver, within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Obligee), the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. This obligation shall be null and void if the Obligee shall accept Principal's Bid and Principal delivers, within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Obligee), the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by theBidding Documents; or all Bids are rejected by Obligee; or Obligee fails to issue a Notice of Intended Award to Principal within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Principal). Payment under thisBond shall be due and payable in full upon default of Principal and within 30 calendar days after receipt by Principal and Suretyof written notice of default from Obligee, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. Surety waives notice of and any and all defenses based on or arising out ofany time extension to issue the Notice of Intended Award agreed to in writing by Obligee and Principal. Any dispute, suit, actionor proceeding arising out of or relating to this Bond shall be governed by the Dispute Resolution process defined in the BiddingDocuments and the laws of the State of South Carolina. Surety shall cause to be attached to the Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. IN WITNESS WHEREOF, Surety and Principal, intending to be legally bound hereby, subject to the terms stated above, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. DATED this day of , BOND NUMBER PRINCIPAL SURETY (Principal's Name) (Surety’s Name) BY: BY: (Signature and Title) (Signature and Title) (Attach Power of Attorney)
ATTEST: ATTEST: (Signature and Title) (Signature and Title) SE-335
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 11/96 INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 24 CFR Part 85, Section 85.510, Participants’ responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS BELOW)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principles are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Grant Number: Name of Participant:
Address of Participant:
Name and Title of Authorized Representative Signature Date 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms “covered transaction”, “debarred”, “suspended”, “ineligible”, “lower tier covered transaction”, “participant”, “person”, “primary covered transaction”, “principal”, “proposal”, and “voluntarily excluded”, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions”, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7.
A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
BF-1
SE-330 2008 Edition
(Revised 12-12-08)
Bid Form
Bids shall be submitted only on SE-330
BID SUBMITTED BY:(Bidder's Name)
BID SUBMITTED TO:
(Agency Name)
FOR PROJECT:
OFFER
(Number) (Name)
1. In response to the Form SE-310, Invitation for Construction Bids, and in compliance with the Instructions toBidders for the above-named Project, the undersigned BIDDER proposes and agrees, if this Bid is accepted, toenter into a Contract with the AGENCY in the form included in the Bidding Documents, and to perform all Workas specified or indicated in the Bidding Documents, for the prices and within the time frames indicated in this Bidand in accordance with the other terms and conditions of the Bidding Documents.
2. Pursuant to Section 11-32-3030(1) of the SC Code of Laws, as amended, BIDDER has submitted Bid Securityas follows in the amount and form required by the Bidding Documents:
Bid Bond with Power of Attorney Electronic Bid Bond Cashier's Check(BIDDER check one)
3. BIDDER, by submitting this Bid, affirms that it has carefully examined the Bidding Documents and the otherrelated data identified in the Bidding Documents, has visited the actual location of the Work, has satisfied itself asto all conditions and understands that, in signing this Bid Form, it waives all rights to plead any misunderstandingregarding same and agrees to be bound by the provisions of said Bidding Documents and all statements madetherein.
4. BIDDER acknowledges the receipt of the following Addenda to the Bidding Documents and has incorporated
the effects of said Addenda into its Bid:ADDENDUM No:
5. BIDDER accepts all terms and conditions of the Invitation for Construction Bids, including, withoutlimitation, those dealing with the disposition of Bid Security. BIDDER agrees that this Bid, including allAlternate Base Bids, may not be revoked or withdrawn after the opening of bids, and shall remain open foracceptance for a period of Days following the Bid Date, or for such longer period of time that BIDDERmay agree to in writing upon request of the AGENCY.
6. BIDDER herewith submits its offer to provide all labor, materials, equipment, tools of trades a
accessories, appliances, warranties and guarantees, and to pay all royalties, fees, permits, licenses and a
taxes necessary to complete the following items of construction work:
6.1 BASE BID WORK (BASE BID NO. ) (as indicated in the Bidding Documents and generally described
, which sum is hereafter called the BASE BI(enter BASE BID in figures only)
(If there are additional Base Bids insert the following for each):
SE-330
nd labor,
pplicable
as follows):
D No. .
.
BF-2 SE-330
SE-330 - Bid Form 2008 Edition
Revised 12-12-08
BASE BID WORK (BASE BID NO. ) (as indicated in the Bidding Documents and generally described as follows):
, which sum is hereafter called the BASE BID No. .(enter BASE BID in figures only)
BASE BID WORK (BASE BID NO. ) (as indicated in the Bidding Documents and generally described as follows):
, which sum is hereafter called the BASE BID No. .(enter BASE BID in figures only)
N:NO. 5:
6.2 UNIT PRICE WORKBIDDER offers for the Agency's consideration and use the following UNIT PRICES. The UNIT PRICES offeredby BIDDER indicate the amount to be added to or deducted from the Contract Sum for each item-unit combination.UNIT PRICES include all costs to the Agency, including those for materials, labor, equipment, tools of trades andlabor, fees, taxes, insurance, bonding, overhead, profit, etc. The Agency reserves the right to include or not toinclude any of the following UNIT PRICES in the Contract and to negotiate the UNIT PRICES with BIDDER.
Base Bid Unit of
No. ITEM Qty. Measure ADD DEDUCT
BF-3 S
SE-330 Bid FormLISTING OF PROPOSED SUBCONTRACTORS
2008 Edition
(Revised 12-12-08)
1. A Subcontractor is an entity who will perform work or render service to the prime contractor to or about the
construction site. Material suppliers, manufacturers and fabricators are not Subcontractors and are not to be
listed.
2. Bidder must list in its bid the name of only those Subcontractors that will perform the work so identified in the
Invitation.
3. If Bidder determines to use its own employees to perform any portion of the work listed below, and if Bidder
is qualified to perform such work under the terms of the Bidding Documents, Bidder must list itself in the
appropriate place in its bid and not subcontract any of that work except with the approval of the Agency for good
cause shown.
4. Bidder’s failure to list a Subcontractor for each listed Specialty Subcontractor will render the BID non-
responsive.
5. A Subcontractor listed for an Alternate Base Bid must be used for all work if the Alternate Base Bid is
accepted.
6. Bidder hereby states its commitment to use the below-listed Subcontractors in the performance of the
Subcontractor Specialty work listed:
SUBCONTRACTOR SUBCONTRACTOR OR SUBCONTRACTOR'SSPECIALTY PRIME CONTRACTOR'S NAME SC LICENSE NUMBER
(COMPLETED BY A/E) (MUST BE COMPLETED BY BIDDER) (For Information)
BASE BID 1
BASE BID 2
BASE BID 3
BASE BID 4
E-330
.
BF-4 SE-330
SE-330 Bid Form 2008 Edition
(Revised 12-12-08)
TIME OF CONTRACT PERFORMANCE
BIDDER hereby agrees to complete the construction work in accordance with the following schedule:
1. The DATE OF COMMENCEMENT shall be established in Form SE-390, Notice to Proceed. The BIDDER shallnot incur any expense chargeable to this Project until the Contract has been executed by both the Agency and theContractor, and a Notice to Proceed has been issued.2. The DATE OF SUBSTANTIAL COMPLETION, to be documented on Form SE-550A, Certificate of SubstantialCompletion, shall be ( ) CALENDAR DAYS from the DATE OF COMMENCEMENT set forth in the SE-390,subject to adjustments as provided in the Contract Documents.3. The DATE OF FINAL COMPLETION, to be documented on Form SE-560C, Certificate of Final Completion, shallbe ( ) CALENDAR DAYS from the DATE OF SUBSTANTIAL COMPLETION, subject to adjustments asprovided in the Contract Documents.
LIQUIDATED DAMAGES AND EARLY COMPLETION AWARD
1 The undersigned further agrees that from the compensation to be paid, the Agency shall retain as Step One LiquidatedDamages the amount of for each calendar day the actual construction time required to achieveSUBSTANTIAL COMPLETION exceeds the specified or adjusted Contract time for SUBSTANTIAL COMPLETION,as provided in the Contract Documents.2 The undersigned further agrees that from the compensation to be paid, the Agency shall retain as Step TwoLiquidated Damages the amount of for each calendar day the actual construction time required toachieve FINAL COMPLETION exceeds the specified or adjusted Contract Time for FINAL COMPLETION, asprovided in the Contract Documents.3 The undersigned further agrees that in full and complete satisfaction for the best efforts of the undersigned to achieveSUBSTANTIAL COMPLETION before the date established above, the Agency shall pay the undersigned an EarlyCompletion Award in the amount of for each calendar day the actual construction time required toachieve SUBSTANTIAL COMPLETION is less than the originally specified Contract Time for SUBSTANTIALCOMPLETION, as provided in the Contract Documents.
AGREEMENTSBy submitting this Bid, BIDDER hereby agrees to the following terms and conditions:
1. An incomplete Bid, or information not requested that is written on or attached to this Bid Form that could beconsidered a qualification of the Bid, may be cause for rejection of the Bid.2. The failure of the BIDDER to indicate a price for an ALTERNATE BASE BID shall render the Bid non-responsive.A typed or printed "No Bid", or words of similar meaning, shall render the Bid non-responsive.3. The BIDDER shall list only SUBCONTRACTORS (as defined in the Bidding Documents) who are qualified toperform items of work as specified in the Bidding Documents or as required by any material or equipment substitutionsapproved at the time of bidding. No BIDDER whose Bid is accepted shall substitute another entity asSUBCONTRACTOR in place of the SUBCONTRACTOR listed in the original Bid, except for one or more of thereasons allowed by the SC Code of Laws.4. The failure of the BIDDER to provide the name(s) of listed SUBCONTRACTORS in accordance with the SC Codeof Laws shall render the Bid non-responsive.5. Unless otherwise provided in the Bidding Documents, BIDDER will provide Performance and Labor and MaterialPayment Bonds, each in the amount equal to 100% of the Contract Award, as a condition of execution of the Contract.Failure to supply such bonds as required by the Contract Documents shall result in cancellation of the Notice of Intent toAward and forfeiture of the Bid Bond.6. BIDDER agrees to provide all information requested by the AGENCY to support the AGENCY'S evaluation anddetermination of the BIDDER'S responsibility, including completion of Form SE-350, Questionnaire for Contractors. TheQuestionnaire shall be completed fully and returned to the AGENCY within SEVEN (7) DAYS from date of receipt by theBIDDER by certified mail. The completed Form SE-350 must be received by the Agency no later than the close ofbusiness on the seventh day. Failure by BIDDER to supply requested information with respect to responsibility may begrounds for a determination of non-responsibility.7. The BIDDER certifies that it will provide a ''Drug-Free Workplace" as that term is defined in Section 44-107-30 of theSC Code of Laws, and shall comply with the requirements set forth in Title 44, Chapter 107.
BF-5 SE-330
SE-330 Bid Form 2008 Edition
(Revised 12-12-08)
8. At any time prior to the issuance of the Notice to Proceed for this Project, this Contract may be canceled for theconvenience of the State.
9. Neither the State of South Carolina nor any of its agencies, employees or agents shall be responsible for any bidpreparation costs, or any costs or charges of any type, should all bids be rejected or the Project canceled for any reasonprior to the issuance of the Notice to Proceed.
ELECTRONIC BID BONDBy signing below, the Principal is affirming that the identified electronic bid bond has been executed and that the Principaland Surety are firmly bound unto the State of South Carolina under the terms and conditions of the Form SE-335 includedin the Bidding Documents.
(Electronic Bid Bond Number) (Signature and Title)
BIDDER'S TAXPAYER IDENTIFICATION
FEDERAL EMPLOYER'S IDENTIFICATION NUMBER:OR
SOCIAL SECURITY NUMBER:
CONTRACTOR'S CLASSIFICATIONS AND SUBCLASSIFICATIONS WITH LIMITATIONS
(Classification) (Subclassification) (Limitations)
(SC Contractor's License Number)SIGNATURE
(Legal Name of Person, Firm or Corporation Submitting Bid)
(Mailing Address for the above)
BY: (Signature) (Date)
(Title) (Phone)
Standard Form of Agreement between Owner and Contractor – Stipulated Sum
AIA Document A101 – 2007 Edition
(Incorporated by reference)
General Conditions of the Contract for Construction
AIA Document A201 – 2007 Edition
(Incorporated by reference)
STANDARD SUPPLEMENTARY CONDITIONS 2 STANDARD SUPPLEMENTARY CONDITIONS : The following supplements modify, delete
and/or add to the General Conditions (AIA A201-1997) The General Conditions of the Contract for Construction.
3 MODIFICATIONS to A201-1997 3.1 Add the following to Subparagraph 3.6.2 3.6.2 The Contractor’s attention is directed to Title 12, Chapter 9, SC Code of Laws, as
amended concerning withholding taxes for nonresidents, employees, contractors and subcontractors.
3.2 Add the following Sub clauses to Clause 4.3.7.2
(1) Claims for adverse weather shall be based on actual weather conditions at the job site or other place of performance of the work, as documented in the contractor’s job site log.
(2) For the purpose of this contract, a total of five (5) calendar days per month (non-cumulative) shall be anticipated as “adverse weather” at the job site, and such time will not be considered justification for an extension of time. If, in any month, adverse weather develops beyond the five days, the Contractor shall be allowed to claim additional days to compensate for the excess weather delays only to the extent of the impact on the approved construction schedule. The remedy for this condition is only an extension of time, not money.
(3) The contractor shall submit monthly with their pay application all claims for adverse weather conditions that occurred for the previous month. Approved days as per Para 4.4 of the Agreement shall be included in the next change order issued. Adverse conditions not claimed within the time limits of this subparagraph shall be considered to be waived by the contractor.
3.3 Insert the following subparagraph 4.3.11:
4.3.11 Waiver of claim against the A/E. Notwithstanding any other provision of the Contract Documents (including para 1.2.1), but subject to a duly good faith and fair dealing, the contractor waives all claims against the A/E for Listed Damages arising out of or relating to this contract. The Listed Damages are damages incurred by the Contractor for principal office expense and overhead, for loss of financing, business ands reputation, for loss of profit other than anticipated profits arising directly from the Work, and for attorney’s fees, insurance, and interest (excluding post judgment).
3.4 Insert the following Paragraph 7.5:
7.5 PRICE ADJUSTMENTS 7.5.1 METHODS OF ADJUSTMENT. Any adjustment in the Contract Sum made pursuant to this Paragraph 7.5 shall be consistent with this Contract and shall be arrived at through whichever one of the following ways is the most valid approximation of the actual cost to the Contractor: 7.5.1.1 by agreement on a fixed price adjustment; 7.5.1.2 by unit prices specified in the Contract or subsequently agreed upon; 7.5.1.3 by the costs attributable to the event or situation covered by the relevant clause, including profit if otherwise allowed, all as specified in the Contract; or subsequently agreed upon;
7.5.1.4 in such other manner as the parties may mutually agree; or, 7.5.1.5 in the absence of agreement by the parties, through a unilateral initial determination by the A/E of the costs attributable to the event or situation covered by the clause, including profit if otherwise allowed, all as computed by the A/E in accordance with Clause 7.5.3.2, and subject to review under the provisions of Paragraph 4.5 of this Contract. 7.5.2 FINAL AGREEMENT. When any adjustment in the Contract Sum made pursuant to clauses in this Contract becomes final (e.g., by agreement or dispute resolution), the adjustment shall be computed and documented on a Change Order. 7.5.3 DOCUMENTATION OF COST REASONABLENESS 7.5.3.1 CONTRACTOR'S CHANGE ORDER PROPOSAL. The Contractor shall submit a written proposal for review by the A/E and the Agency. The proposal shall be submitted to the Agency's representative within the time limits specified in Subparagraph 4.3.2. All costs claimed by the Contractor shall be justifiable compared with prevailing industry standards, as adjusted for local cost conditions. Costs shall be properly itemized and supported by substantiating data sufficient to permit evaluation before commencement of the pertinent performance or as soon thereafter as practicable. 7.5.3.2 CONSTRUCTION CHANGE DIRECTIVES. For a Construction Change Directive wherein the proposed method of compensation is actual costs, and pending the collection and evaluation of actual costs as required by Clause 7.5.1.3, the Contractor shall estimate the value of the changed work. The Contractor shall itemize the estimated cost into building components and shall use the labor, material and equipment unit direct costs as listed in the most current issue of the Construction Cost Data Book most applicable to the nature of the changed work, as published by R.S. Means, with a cost index adjusted for the project locale. The Contractor shall also be permitted to add overhead and profit as shown in Subparagraph 7.5.4. Where the Contractor does not properly itemize the proposed costs as requested, the A/E shall provide the Agency with the itemization and this amount shall be the initial basis for compensation under Subparagraph 7.3.8. Upon conversion of the Construction Change Directive to a Change Order, the A/E's cost for providing this itemization shall be deducted from the final adjustment in the Contract Sum as described in Clause 7.3.9. 7.5.4 AGREED OVERHEAD AND PROFIT RATES 7.5.4.1 For any adjustment to the Contract Sum for which overhead and profit may be recovered, other than those made pursuant to Subparagraph 4.3.9, the Contractor agrees to charge and accept, as full payment for overhead and profit, the following percentages of costs attributable to the change in the Work. The percentages cited below shall be considered to include all indirect costs including, but not limited to: field and office managers, supervisors and assistants, incidental job burdens, small tools, and general overhead allocations. The allowable percentages for overhead and profit are as follows: (1) To the Contractor on work performed by his own forces, 17% of the cost; (2) To each Subcontractor involved, on work performed by their own forces, 17% of the cost; (3) For the Contractor, for work performed by his subcontractors, 10% of the amount due the Subcontractor. 7.5.4.2 Using the percentages stated in Clause 7.5.4.1, any adjustment to the Contract Sum for deleted work shall include any overhead and profit attributable to the cost for the deleted Work. 7.5.4.3 If the Contractor initiates a Change Order proposal and the Agency is not obligated
to pay for all or any part of the proposal, then the Contractor shall be responsible for any A/E's fees to evaluate and process that Change Order proposal. Compensation shall be based on the Agency's contract with the A/E and the rates for Additional Services contained therein, and shall be withheld from the final payment to the Contractor.
3 Add the following sentence to Subparagraph 9.3.1
The Contractor’s Application for Payment shall be in a form acceptable to the Owner. The A/E will authorize, as provided in Para 9.4 and until final pay request, monthly payments equal to ninety-five percent (95%) of the portion of the Contract Sum properly allocable to labor, material and equipment incorporated in the Work, and allocable to material and equipment suitably stored.
3.6 Change the second sentence of Subparagraph 11.1.2 to read:
Coverage shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. Add the following Clauses to Subparagraph 11.1.2: 11.1.2.1 Liability Insurance shall include all major divisions of coverage and be on a Commercial basis including the following:
(1) Premises - Operations. (2) Independent Contractor's Protective. (3) Products and Completed Operations. (4) Personal and Advertising Injury. (5) Contractual, including specified provision for Contractor's obligations under Paragraph (6) Broad Form Property Damage including Completed Operations. (7) Owned, Non-Owned and Hired Motor Vehicles.
11.1.2: The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law or other provisions of this Contract: (1) COMMERCIAL GENERAL LIABILITY:
(a) General Aggregate (per project) $ 1,000,000 (b) Products/Completed Operations $ 1,000,000 (c) Personal and Advertising Injury $ 1,000,000 (d) Each Occurrence $ 1,000,000 (e) Fire Damage (any one fire) $ 50,000 (f) Medical Expenses (any one person) $ 5,000
(2) BUSINESS AUTO LIABILITY (including all owned, non-owned, and hired vehicles) (a) Combined Single Limit $1,500,000 OR (b) Bodily Injury & Property Damage (each) $ 750,000 (3) WORKER’S COMPENSATION: (a) State Statutory (b) Employer’s Liability $1000,000 per accident / $500,000 Disease,
Policy Limit $100,000 Disease, Each Employee
Furnish the owner with certificate(s) listing the City of Newberry as an additional insured.
3.7 Delete Subparagraph 11.4.6 and in its place insert the following:
“11.4.6 Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each policy that includes insurance coverages required by this Paragraph 11.4. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days’ prior written notice has be given to the Owner.”
Delete the first full sentence Subparagraph 11.4.7(after the words “Waivers of Subrogation.”) and in its place insert the following: “The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect’s consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent the property insurance provided by the Contractor pursuant to this Article 11.4 covers and pays for the damage, except such rights as they have to proceeds of such insurance held by the Contractor as fiduciary.” Delete Subparagraph 11.4.8 and in its place insert the following: “11.4.8 In the event of a loss, the Contractor shall replace the damaged property and shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payment to their Sub-subcontractors in similar manner.” Delete Subparagraph 11.4.9. Delete Subparagraph 11.4.10.
3.8 Delete Subparagraph 11.5.1 and substitute the following: 11.5.1 If required as stated in the SE-310, the Contractor shall provide Performance and Labor and Material Payment Bonds, each in the amount of 100% of the Contract Sum. 1 1.5.1.1 The Surety shall have, at a minimum, a ''Best Rating'' of ''A'' as stated in the most current publication of ''Best's Key Rating Guide, Property-Casualty''. In addition, the Surety shall have a minimum ''Best Financial Strength Category'' of ''Class V", and in no case less than five (5) times the contract amount. 11.5.1.2 The Performance Bond shall be written on Form SE-355, ''Performance Bond'' and the Payment Bond shall written on Form SE-357, ''Labor and Material Payment Bond'', and both shall be made payable to the Agency. 11.5.1.3 The Performance and Labor and Material Payment Bonds shall:
(1) be issued by a surety company licensed to do business in South Carolina; and, (2) be accompanied by a current power of attorney and certified by the attorney-in-fact who executes the bond on the behalf of the surety company; and, (3) remain in effect for a period not less than one (1) year following the date of Substantial Completion or the time required to resolve any items of incomplete Work and the payment of any disputed amounts, whichever time period is longer; and, (4) display the Surety's Bond Number. A rider including the following provisions shall be attached to each Bond stating that:
(a) The Surety hereby agrees that it consents to and waives notice of any addition, alteration,
omission, change or other modification of the Contract Documents. Any addition, alteration, change, extension of time, or other modification of the Contract Documents, or a forbearance on the part of either the Agency or the Contractor to the other, shall not release the Surety of its obligations hereunder, and notice to the Surety of such matters is hereby waived. (b) The Surety agrees that it is obligated under the bonds to any successor, grantee, or assignee of the Agency.
(5) Notwithstanding the foregoing, any bonds required by this Contract shall meet the requirements of the SC Code of Laws, as amended.
3.9 Add Subparagraph 11.5.3 as follows: 11.5.3 The Contractor shall furnish the required bonds to the Agency before execution of the Contract.
3.10 Add Subparagraph 11.5.4 as follows: 11.5.4 The Contractor shall keep the Surety informed of the progress of the Work, and, where necessary, obtain the Surety's consent to, or waiver of: 11.5.4.1 notices of changes in the Work; 11.5.4.2 requests for reduction or release of retention; 11.5.4.3 requests for final payment; and 11.5.4.4 any other item required by the Surety.
The Agency may, in the Agency's sole discretion, inform the Surety of the progress of the Work and obtain consents as necessary to protect the Agency's rights, interest, privileges, and benefits under and pursuant to any bond issued in connection with the Work.
3.11 Delete Subparagraph 12.1.1 and insert the following:
12.1.1 If a portion of the Work is covered contrary to the requirements specifically expressed in the Contract Documents, including. inspections of work-in-progress required by all authorities having jurisdiction over the Project, then the portion of Work so covered shall, upon demand of the A/E or the authority having jurisdiction, be uncovered for observation and be replaced at the Contractor's expense without change in the Contract Time.
3.12 Add Subparagraph 13.4.3 as follows:
13.4.3 Termination of the Contract by either party for any reason shall not relieve the parties of any obligation theretofore accorded under this Contract. Notwithstanding Subparagraph 9.10.4, and without limiting the foregoing sentence, the following provisions (as amended) of the Contract Documents shall survive termination for whatever cause, expiration or completion:
1.6 Ownership and Use of Drawings, Specifications and Other Instruments of Service; 3.5 Warranty 3.17 Royalties, Patents and Copyrights 3.18 Indemnification 3.10 Waiver of Listed Damages 3.11 Waiver of Claims Against the A/E 4.5 Dispute Resolution 7.5.5 Cost or Pricing Data
11.1 Contractor's Liability Insurance 11.5 Performance and Payment Bond 12.2 Correction of Work 13.1 Governing Law 13.4 Rights and Remedies
13.12 Retention and Audit of Contractor's Records 3.13 Add the following to Subparagraph 13.5.5:
The Contractor shall give the A/E timely notice in advance of tests, inspections or approvals. 3.14 Delete Subparagraph 13.6.1 and substitute the following:
13.6.1 Payments made under the Contract Documents are subject to the requirements of Title 29, Chapter 6 of the South Carolina Code of Laws, as amended.
3.15 Add the following Paragraph 13.9:
13.9 DRUG-FREE WORKPLACE The Contractor certifies to the Agency that Contractor will provide a Drug-Free Workplace, as required by Title 44, Chapter 107 of the South Carolina Code of Laws, as amended.
3.16 Add the following Paragraph 13.10:
13.10 CANCELLATION AFTER AWARD Pursuant to §11-35-1520 of the SC Code of Laws, as amended, and South Carolina Regulation 19-445.2085, this Contract may be canceled after award, but prior to issuance of the Notice to Proceed. In such event, the Contractor shall recover, as its sole remedy, its reasonable bid preparation costs.
3.17 Add the following Paragraph 13.11:
13.11 BANKRUPTCY In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish written notification of the bankruptcy to the Agency. This notification shall be furnished within five (5) days of the initiation of the proceedings relating to the bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of all State contracts against which final payment has not been made. This obligation remains in effect until final payment under this Contract.
3.18 Add the following Paragraph 3.12:
13.12 RETENTION AND AUDIT OF CONTRACTOR'S RECORDS The Contractor and all subcontractors shall comply with all applicable obligations of §11-35-2220 of the SC Code of Laws, as amended. Accordingly, the Agency shall be entitled, at reasonable times and places, to audit the books and records of both the Contractor and any subcontractor who has submitted cost or pricing data pursuant to either this Contract or to §11-35-1830 to the extent that such books and records relate to such cost or pricing data. If any cost or pricing data is required for this Contract or any Modification, the Contractor and any subcontractor shall maintain such books and records that relate to such cost or pricing data for three (3) years from the date of final payment under the Contract, unless a shorter
period is otherwise authorized in writing by the Chief Procurement Officer; provided, however, that such records shall be retained for additional periods of time beyond this three-year period upon request of the Chief Procurement Officer. If this Contract or any Modification (other than a firm fixed price contract) is negotiated, the Agency shall be entitled to audit the books and records of the Contractor and any subcontractor to the extent that such books and records relate to the performance of the Contract or any Modification. Such books and records shall be maintained by the Contractor for a period of three years from the date of final payment under the prime contract and by any subcontractor for a period of three years from the date of final payment under the subcontract, unless a shorter period is otherwise authorized in writing by the Chief Procurement Officer. As used in the paragraph, the phrase ''Chief Procurement Officer'' shall have the definition given that phrase in §11-35-310.
3.19 Add the following Subparagraph 13.13:
13.13 UNIT PRICE WORK 13.13.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, the initial Contract Sum will be deemed to include an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as identified in the Contract. The estimated quantity for each item of Work represents the Agency's best estimate of the amount of each item to be required of the Contractor, but the amounts are not guaranteed, and are solely for the purpose of comparison of Bids and determining an initial Contract Sum. Determinations of the actual quantities and classifications of Unit Price Work performed by the Contractor will be made by the A/E as described below.
13.13.2 Subject to an adjustment pursuant to Subparagraph 4.3.9, each unit price will be deemed to include an amount considered by the Contractor to be adequate to cover the Contractor's total costs, including overhead and profit, for each separately identified item. 13.13.3 The A/E will determine the actual quantities and classifications of Unit Price Work performed by the Contractor. The A/E will review with the Contractor its preliminary determinations on such matters before rendering a written decision or issuing a recommendation on the Contractor's Applications for Payment. The A/E's written decisions or recommendations will be final and binding on the Agency and the Contractor, except as modified by the A/E to reflect changed factual conditions or more accurate data, and subject to Paragraph 4.4. For purposes of Paragraph 4.4, the A/E's written decisions or recommendations shall serve as the A/E's initial decision.
3.20 Add the following Subparagraph 13.14:
13.14 PROCUREMENT OF MATERIALS BY AGENCY. The Contractor accepts assignment of all purchase orders and other agreements for procurement of materials and equipment that are identified as part of the Contract Documents. The Contractor shall, upon delivery, be responsible for the storage, protection, proper installation, and preservation of such pre-purchased items, if any, as if the Contractor were the original purchaser. The Contract Sum includes, without limitation, all costs and expenses in connection with delivery, storage, insurance, installation, and testing of items covered in any assigned purchase orders or agreements. All Contractor warranty of workmanship and correction of the Work obligations under the Contract Documents shall
apply to any pre-purchased items, unless the Contract Documents specifically provide otherwise.
3.21 In Subparagraph 14.1, change "...30..." to "...sixty (60)". 3.22 Delete Clauses 14.1.1.3 and 14.1.1.4. 3.23 In Subparagraph 14.1.3, delete all words after "...Work executed..." and add "...Any
adjustment to the Contract Sum made pursuant to this Subparagraph shall be made in accordance with the requirements of Paragraph 7.5.''
3.24 Delete Subparagraph 14.2.1 and substitute the following:
14.2.1 The Agency may terminate the Contract, or any separable part of it, if the Contractor: 14.2.1.1 fails to complete the Work within the time specified in the Contract Documents, including any authorized adjustments; or, 14.2.1.2 fails to prosecute the Work, or any separable part of the Work, with the diligence, resources and skill that will ensure its completion within the time specified in the Contract Documents, including any authorized adjustments; or, 14.2.1.3 fails to make payment to Subcontractors for materials or labor in accordance with Title 29, Chapter 6 of the South Carolina Code of Laws, as amended, and the respective agreements between the Contractor and the Subcontractors; or, 14.2.1.4 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or, 14.2.1.5 fails to proceed as required by Subparagraph 4.3.3 pending final resolution of a
Claim; or, 14.2.1.6 fails to comply with any of the other material provisions of this Contract.
3.25 Delete Subparagraph 14.2.2, but not the subordinate Clauses and substitute the following:
14.2.2 The Agency's right to terminate this Contract under Subparagraph 14.2.1 may be exercised if the Contractor does not cure such failure within seven (7) days (or more if authorized in writing by the Agency) after receipt of the notice from the Agency specifying the general nature of the failure. The Agency shall notify the Contractor's surety within a reasonable time. When terminating pursuant to Paragraph 14.2, the Agency may, without prejudice to any other rights or remedies of the Agency, and subject to any prior rights of the surety:
3.26 Insert "...including Liquidated Damages, if any,..." after the phrase "...other damages..." in
the first sentence of Subparagraph 14.2.4. 3.27 Insert the following to Subparagraph 14.3.2 after the second sentence:
Any adjustment to the Contract Sum made pursuant to this Subparagraph shall be made in accordance with the requirements of Paragraph 7.5.
3.28 Delete Subparagraph 14.4.1 and substitute the following:
14.4.1 The Agency may, at any time, terminate the Contract, or the Contract Work, in whole or in part, for the Agency's convenience and without cause. 14.4.1.1 Upon written consent of the Contractor, the Agency may reinstate the terminated portion of this Contract or Contract Work in whole or in part by amending the notice of termination if it has been determined that
14.4.1.2 circumstances clearly indicate a requirement for the terminated work; and,
14.4.1.3 reinstatement of the terminated work is advantageous to the Agency.
3.29 Add the following Clause to Subparagraph 14.4.2:
14.4.2.4 complete the performance of the Work not terminated, if any.
3.30 In Subparagraph 14.4.3 delete the phrase "...,along with reasonable overhead and profit on the Work not executed.", and substitute ''Any adjustment to the Contract Sum made pursuant to this Subparagraph shall be made in accordance with the requirements of Paragraph 7.5.
EECBG CONTRACT PROVISIONS
(i) Contract provisions. A grantee's and subgrantee's contracts must contain provisions in paragraph (i) of this section. Federal agencies are permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy.
(1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold)
(2) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)
(3) Compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees)
(4) Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or repair)
(5) Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a–7) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts in excess of $2000 awarded by grantees and subgrantees when required by Federal grant program legislation)
(6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers)
(7) Notice of awarding agency requirements and regulations pertaining to reporting.
(8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract.
(9) Awarding agency requirements and regulations pertaining to copyrights and rights in data.
(10) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
(11) Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed.
(12) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000).
(13) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871).
BUY AMERICA PROVISIONS
Section 1605 of the Recovery Act prohibits use of recovery funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. The law requires that this prohibition be applied in a manner consistent with U.S. obligations under international agreements, and it provides for an exception waiver under three circumstances:
(a) Iron, steel, or relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; (b) Inclusion of iron, steel, or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or (c) Applying the domestic preference would be inconsistent with the public interest.
Exceptions (2 CFR 176.80) When one of the following exceptions applies in a case or category of cases, the Federal Awarding Agency may allow the recipient to use foreign iron, steel and/or manufactured goods in the project without regard to the restrictions of section 1605 of the Recovery Act:
(1) Nonavailability. The head of the Federal department or agency may determine that the iron, steel or relevant manufactured good is not produced or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. The determinations of nonavailability of the articles listed at 48 CFR 25.104(a) and the procedures at 48 CFR 25.103(b)(1) also apply if any of those articles are manufactured goods needed in the project.
(2) Unreasonable cost. The head of the Federal department or agency may determine that the cost of domestic iron, steel, or relevant manufactured goods will increase the cost of the overall project by more than 25 percent in accordance with § 176.110.
(3) Inconsistent with public interest. The head of the Federal department or agency may determine that application of the restrictions of section 1605 of the Recovery Act would be inconsistent with the public interest.
The U.S. Department of Energy has issued a determination of inapplicability of the Buy American provisions for some manufactured goods used in energy retrofits. Current and detailed information on products included in the categorical waiver is provided at www.energy.sc.gov under Stimulus Information. There is no requirement with regard to the origin of components or subcomponents in manufactured goods used in the project, as long as the manufacturing occurs in the United States.
Definitions (1) Manufactured good means a good brought to the construction site for
incorporation into the building or work that has been— (i) Processed into a specific form and shape; or (ii) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.
(2) Public building and public work means a public building of, and a public work of,
a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi-State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.
Additional Buy American Compliance Requirements The following are additional Buy American compliance requirements from Section 1605 of ARRA and 2 CFR part 176:
• 176.90 Non-application to acquisitions covered under international agreements. • 176.100 Timely determination concerning the inapplicability of section 1605 of
the Recovery Act. • 176.110 Evaluating proposals of foreign iron, steel, and/or manufactured goods. • 176.120 Determinations on late requests. • 176.130 Noncompliance. • 176.160 Award term—Required Use of American Iron, Steel, and Manufactured
Goods (covered under International Agreements)—Section 1605 of the American Recovery and Reinvestment Act of 2009.
• 176.170 Notice of Required Use of American Iron, Steel, and Manufactured Goods (covered under International Agreements)—Section 1605 of the American Recovery and Reinvestment Act of 2009.
Source of Governing Requirements Section 1605 of ARRA and OMB guidance at 2 CFR Part 176, Subpart B. March 2009 OMB Circular A-133 Compliance Supplement, Addendum 1 and 2 CFR Part
176).
form HUD-4010 (07/2003)ref. Handbook 1344.1
Previous edition is obsolete Page 1 of 4
Applicability
The Project or Program to which the construction work coveredby this contract pertains is being assisted by the United States ofAmerica and the following Federal Labor Standards Provisionsare included in this Contract pursuant to the provisions applicableto such Federal assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics em-ployed or working upon the site of the work will be paid uncondi-tionally and not less often than once a week, and without subse-quent deduction or rebate on any account (except such payrolldeductions as are permitted by regulations issued by the Secre-tary of Labor under the Copeland Act (29 CFR Part 3), the fullamount of wages and bona fide fringe benefits (or cash equiva-lents thereof) due at time of payment computed at rates not lessthan those contained in the wage determination of the Secretaryof Labor which is attached hereto and made a part hereof, re-gardless of any contractual relationship which may be alleged toexist between the contractor and such laborers and mechanics.Contributions made or costs reasonably anticipated for bona fidefringe benefits under Section l(b)(2) of the Davis-Bacon Act onbehalf of laborers or mechanics are considered wages paid tosuch laborers or mechanics, subject to the provisions of 29 CFR5.5(a)(1)(iv); also, regular contributions made or costs incurredfor more than a weekly period (but not less often than quarterly)under plans, funds, or programs, which cover the particular weeklyperiod, are deemed to be constructively made or incurred duringsuch weekly period.
Such laborers and mechanics shall be paid the appropriate wagerate and fringe benefits on the wage determination for the classi-fication of work actually performed, without regard to skill, exceptas provided in 29 CFR 5.5(a)(4). Laborers or mechanics per-forming work in more than one classification may be compensatedat the rate specified for each classification for the time actuallyworked therein: Provided, That the employer’s payroll recordsaccurately set forth the time spent in each classification in whichwork is performed. The wage determination (including any addi-tional classification and wage rates conformed under 29 CFR5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be postedat all times by the contractor and its subcontractors at the site ofthe work in a prominent and accessible, place where it can beeasily seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed inthe wage determination and which is to be employed under thecontract shall be classified in conformance with the wage deter-mination. HUD shall approve an additional classification and wagerate and fringe benefits therefor only when the following criteriahave been met:
(1) The work to be performed by the classification requested isnot performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the constructionindustry; and
(3) The proposed wage rate, including any bona fide fringe ben-efits, bears a reasonable relationship to the wage rates containedin the wage determination.
(b) If the contractor and the laborers and mechanics to be em-ployed in the classification (if known), or their representatives,and HUD or its designee agree on the classification and wagerate (including the amount designated for fringe benefits where
Federal Labor Standards Provisions U.S. Department of Housingand Urban DevelopmentOffice of Labor Relations
appropriate), a report of the action taken shall be sent by HUD orits designee to the Administrator of the Wage and Hour Division,Employment Standards Administration, U.S. Department of La-bor, Washington, D.C. 20210. The Administrator, or an authorizedrepresentative, will approve, modify, or disapprove every additionalclassification action within 30 days of receipt and so advise HUDor its designee or will notify HUD or its designee within the 30-dayperiod that additional time is necessary. (Approved by the Officeof Management and Budget under OMB control number 1215-0140.)
(c) In the event the contractor, the laborers or mechanics to beemployed in the classification or their representatives, and HUDor its designee do not agree on the proposed classification andwage rate (including the amount designated for fringe benefits,where appropriate), HUD or its designee shall refer the questions,including the views of all interested parties and the recommenda-tion of HUD or its designee, to the Administrator for determina-tion. The Administrator, or an authorized representative, will is-sue a determination within 30 days of receipt and so advise HUDor its designee or will notify HUD or its designee within the 30-dayperiod that additional time is necessary. (Approved by the Officeof Management and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate)determined pursuant to subparagraphs (1)(ii)(b) or (c) of this para-graph, shall be paid to all workers performing work in the classifi-cation under this contract from the first day on which work is per-formed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contractfor a class of laborers or mechanics includes a fringe benefit whichis not expressed as an hourly rate, the contractor shall either paythe benefit as stated in the wage determination or shall pay an-other bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee orother third person, the contractor may consider as part of thewages of any laborer or mechanic the amount of any costs rea-sonably anticipated in providing bona fide fringe benefits under aplan or program, Provided, That the Secretary of Labor has found,upon the written request of the contractor, that the applicable stan-dards of the Davis-Bacon Act have been met. The Secretary ofLabor may require the contractor to set aside in a separate ac-count assets for the meeting of obligations under the plan or pro-gram. (Approved by the Office of Management and Budget underOMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action orupon written request of an authorized representative of the De-partment of Labor withhold or cause to be withheld from the con-tractor under this contract or any other Federal contract with thesame prime contractor, or any other Federally-assisted contractsubject to Davis-Bacon prevailing wage requirements, which isheld by the same prime contractor so much of the accrued pay-ments or advances as may be considered necessary to pay la-borers and mechanics, including apprentices, trainees and help-ers, employed by the contractor or any subcontractor the fullamount of wages required by the contract. In the event of failureto pay any laborer or mechanic, including any apprentice, traineeor helper, employed or working on the site of the work, all or part
form HUD-4010 (07/2003)ref. Handbook 1344.1
Previous edition is obsolete Page 2 of 4
of the wages required by the contract, HUD or its designee may,after written notice to the contractor, sponsor, applicant, or owner,take such action as may be necessary to cause the suspensionof any further payment, advance, or guarantee of funds until suchviolations have ceased. HUD or its designee may, after writtennotice to the contractor, disburse such amounts withheld for andon account of the contractor or subcontractor to the respectiveemployees to whom they are due. The Comptroller General shallmake such disbursements in the case of direct Davis-Bacon Actcontracts.
3. (i) Payrolls and basic records. Payrolls and basic recordsrelating thereto shall be maintained by the contractor during thecourse of the work preserved for a period of three years thereaf-ter for all laborers and mechanics working at the site of the work.Such records shall contain the name, address, and social secu-rity number of each such worker, his or her correct classification,hourly rates of wages paid (including rates of contributions or costsanticipated for bona fide fringe benefits or cash equivalents thereofof the types described in Section l(b)(2)(B) of the Davis-baconAct), daily and weekly number of hours worked, deductions madeand actual wages paid. Whenever the Secretary of Labor hasfound under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer ormechanic include the amount of any costs reasonably anticipatedin providing benefits under a plan or program described in Sec-tion l(b)(2)(B) of the Davis-Bacon Act, the contractor shall main-tain records which show that the commitment to provide suchbenefits is enforceable, that the plan or program is financially re-sponsible, and that the plan or program has been communicatedin writing to the laborers or mechanics affected, and records whichshow the costs anticipated or the actual cost incurred in providingsuch benefits. Contractors employing apprentices or traineesunder approved programs shall maintain written evidence of theregistration of apprenticeship programs and certification of traineeprograms, the registration of the apprentices and trainees, andthe ratios and wage rates prescribed in the applicable programs.(Approved by the Office of Management and Budget under OMBControl Numbers 1215-0140 and 1215-0017.)
(ii) (a) The contractor shall submit weekly for each week in whichany contract work is performed a copy of all payrolls to HUD or itsdesignee if the agency is a party to the contract, but if the agencyis not such a party, the contractor will submit the payrolls to theapplicant sponsor, or owner, as the case may be, for transmissionto HUD or its designee. The payrolls submitted shall set out ac-curately and completely all of the information required to be main-tained under 29 CFR 5.5(a)(3)(i). This information may be submit-ted in any form desired. Optional Form WH-347 is available forthis purpose and may be purchased from the Superintendent ofDocuments (Federal Stock Number 029-005-00014-1), U.S. Gov-ernment Printing Office, Washington, DC 20402. The prime con-tractor is responsible for the submission of copies of payrolls byall subcontractors. (Approved by the Office of Management andBudget under OMB Control Number 1215-0149.)
(b) Each payroll submitted shall be accompanied by a “State-ment of Compliance,” signed by the contractor or subcontractor orhis or her agent who pays or supervises the payment of the per-sons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the informationrequired to be maintained under 29 CFR 5.5 (a)(3)(i) and thatsuch information is correct and complete;
(2) That each laborer or mechanic (including each helper, ap-prentice, and trainee) employed on the contract during the payroll
period has been paid the full weekly wages earned, without re-bate, either directly or indirectly, and that no deductions have beenmade either directly or indirectly from the full wages earned, otherthan permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less thanthe applicable wage rates and fringe benefits or cash equivalentsfor the classification of work performed, as specified in the appli-cable wage determination incorporated into the contract.
(c) The weekly submission of a properly executed certificationset forth on the reverse side of Optional Form WH-347 shall sat-isfy the requirement for submission of the “Statement of Compli-ance” required by subparagraph A.3.(ii)(b).
(d) The falsification of any of the above certifications may subjectthe contractor or subcontractor to civil or criminal prosecutionunder Section 1001 of Title 18 and Section 231 of Title 31 of theUnited States Code.
(iii) The contractor or subcontractor shall make the records re-quired under subparagraph A.3.(i) available for inspection, copy-ing, or transcription by authorized representatives of HUD or itsdesignee or the Department of Labor, and shall permit such rep-resentatives to interview employees during working hours on thejob. If the contractor or subcontractor fails to submit the requiredrecords or to make them available, HUD or its designee may, afterwritten notice to the contractor, sponsor, applicant or owner, takesuch action as may be necessary to cause the suspension of anyfurther payment, advance, or guarantee of funds. Furthermore,failure to submit the required records upon request or to makesuch records available may be grounds for debarment action pur-suant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at lessthan the predetermined rate for the work they performed whenthey are employed pursuant to and individually registered in abona fide apprenticeship program registered with the U.S. De-partment of Labor, Employment and Training Administration, Of-fice of Apprenticeship Training, Employer and Labor Services, orwith a State Apprenticeship Agency recognized by the Office, or ifa person is employed in his or her first 90 days of probationaryemployment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who hasbeen certified by the Office of Apprenticeship Training, Employerand Labor Services or a State Apprenticeship Agency (whereappropriate) to be eligible for probationary employment as anapprentice. The allowable ratio of apprentices to journeymen onthe job site in any craft classification shall not be greater than theratio permitted to the contractor as to the entire work force underthe registered program. Any worker listed on a payroll at an ap-prentice wage rate, who is not registered or otherwise employedas stated above, shall be paid not less than the applicable wagerate on the wage determination for the classification of work actu-ally performed. In addition, any apprentice performing work onthe job site in excess of the ratio permitted under the registeredprogram shall be paid not less than the applicable wage rate onthe wage determination for the work actually performed. Where acontractor is performing construction on a project in a locality otherthan that in which its program is registered, the ratios and wagerates (expressed in percentages of the journeyman’s hourly rate)specified in the contractor’s or subcontractor’s registered programshall be observed. Every apprentice must be paid at not lessthan the rate specified in the registered program for theapprentice’s level of progress, expressed as a percentage of the
form HUD-4010 (07/2003)ref. Handbook 1344.1
Previous edition is obsolete Page 3 of 4
journeymen hourly rate specified in the applicable wage determi-nation. Apprentices shall be paid fringe benefits in accordancewith the provisions of the apprenticeship program. If the appren-ticeship program does not specify fringe benefits, apprentices mustbe paid the full amount of fringe benefits listed on the wage deter-mination for the applicable classification. If the Administrator de-termines that a different practice prevails for the applicable ap-prentice classification, fringes shall be paid in accordance withthat determination. In the event the Office of Apprenticeship Train-ing, Employer and Labor Services, or a State ApprenticeshipAgency recognized by the Office, withdraws approval of an ap-prenticeship program, the contractor will no longer be permittedto utilize apprentices at less than the applicable predeterminedrate for the work performed until an acceptable program is ap-proved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees willnot be permitted to work at less than the predetermined rate forthe work performed unless they are employed pursuant to andindividually registered in a program which has received prior ap-proval, evidenced by formal certification by the U.S. Departmentof Labor, Employment and Training Administration. The ratio oftrainees to journeymen on the job site shall not be greater thanpermitted under the plan approved by the Employment and Train-ing Administration. Every trainee must be paid at not less thanthe rate specified in the approved program for the trainee’s levelof progress, expressed as a percentage of the journeyman hourlyrate specified in the applicable wage determination. Trainees shallbe paid fringe benefits in accordance with the provisions of thetrainee program. If the trainee program does not mention fringebenefits, trainees shall be paid the full amount of fringe benefitslisted on the wage determination unless the Administrator of theWage and Hour Division determines that there is an apprentice-ship program associated with the corresponding journeyman wagerate on the wage determination which provides for less than fullfringe benefits for apprentices. Any employee listed on the pay-roll at a trainee rate who is not registered and participating in atraining plan approved by the Employment and Training Adminis-tration shall be paid not less than the applicable wage rate on thewage determination for the work actually performed. In addition,any trainee performing work on the job site in excess of the ratiopermitted under the registered program shall be paid not less thanthe applicable wage rate on the wage determination for the workactually performed. In the event the Employment and TrainingAdministration withdraws approval of a training program, the con-tractor will no longer be permitted to utilize trainees at less thanthe applicable predetermined rate for the work performed until anacceptable program is approved.
(iii) Equal employment opportunity. The utilization of appren-tices, trainees and journeymen under 29 CFR Part 5 shall be inconformity with the equal employment opportunity requirementsof Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contrac-tor shall comply with the requirements of 29 CFR Part 3 which areincorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will insert inany subcontracts the clauses contained in subparagraphs 1through 11 of this paragraph A and such other clauses as HUD orits designee may by appropriate instructions require, and a copyof the applicable prevailing wage decision, and also a clause re-quiring the subcontractors to include these clauses in any lowertier subcontracts. The prime contractor shall be responsible forthe compliance by any subcontractor or lower tier subcontractorwith all the contract clauses in this paragraph.
7. Contract termination; debarment. A breach of the contractclauses in 29 CFR 5.5 may be grounds for termination of the con-tract and for debarment as a contractor and a subcontractor asprovided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.All rulings and interpretations of the Davis-Bacon and RelatedActs contained in 29 CFR Parts 1, 3, and 5 are herein incorpo-rated by reference in this contract
9. Disputes concerning labor standards. Disputes arising outof the labor standards provisions of this contract shall not be sub-ject to the general disputes clause of this contract. Such disputesshall be resolved in accordance with the procedures of the De-partment of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputeswithin the meaning of this clause include disputes between thecontractor (or any of its subcontractors) and HUD or its designee,the U.S. Department of Labor, or the employees or their repre-sentatives.
10. (i) Certification of Eligibility. By entering into this contractthe contractor certifies that neither it (nor he or she) nor any per-son or firm who has an interest in the contractor’s firm is a personor firm ineligible to be awarded Government contracts by virtue ofSection 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to beawarded HUD contracts or participate in HUD programs pursuantto 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any personor firm ineligible for award of a Government contract by virtue ofSection 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to beawarded HUD contracts or participate in HUD programs pursuantto 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in theU.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. CriminalCode, Section 1 01 0, Title 18, U.S.C., “Federal Housing Adminis-tration transactions”, provides in part: “Whoever, for the purposeof . . . influencing in any way the action of such Administration.....makes, utters or publishes any statement knowing the same to befalse..... shall be fined not more than $5,000 or imprisoned notmore than two years, or both.”
11. Complaints, Proceedings, or Testimony by Employees.No laborer or mechanic to whom the wage, salary, or other laborstandards provisions of this Contract are applicable shall be dis-charged or in any other manner discriminated against by the Con-tractor or any subcontractor because such employee has filed anycomplaint or instituted or caused to be instituted any proceedingor has testified or is about to testify in any proceeding under orrelating to the labor standards applicable under this Contract tohis employer.
B. Contract Work Hours and Safety Standards Act. The provi-sions of this paragraph B are applicable only where the amount ofthe prime contract exceeds $100,000. As used in this paragraph, theterms “laborers” and “mechanics” include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor con-tracting for any part of the contract work which may require or involvethe employment of laborers or mechanics shall require or permit anysuch laborer or mechanic in any workweek in which he or she isemployed on such work to work in excess of 40 hours in such work-week unless such laborer or mechanic receives compensation at arate not less than one and one-half times the basic rate of pay for allhours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages.In the event of any violation of the clause set forth in subpara-
form HUD-4010 (07/2003)ref. Handbook 1344.1
Previous edition is obsolete Page 4 of 4
graph (1) of this paragraph, the contractor and any subcontractorresponsible therefor shall be liable for the unpaid wages. In addi-tion, such contractor and subcontractor shall be liable to the UnitedStates (in the case of work done under contract for the District ofColumbia or a territory, to such District or to such territory), forliquidated damages. Such liquidated damages shall be computedwith respect to each individual laborer or mechanic, includingwatchmen and guards, employed in violation of the clause setforth in subparagraph (1) of this paragraph, in the sum of $10 foreach calendar day on which such individual was required or permit-ted to work in excess of the standard workweek of 40 hours withoutpayment of the overtime wages required by the clause set forth insub paragraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages.HUD or its designee shall upon its own action or upon writtenrequest of an authorized representative of the Department of La-bor withhold or cause to be withheld, from any moneys payableon account of work performed by the contractor or subcontractorunder any such contract or any other Federal contract with thesame prime contract, or any other Federally-assisted contractsubject to the Contract Work Hours and Safety Standards Actwhich is held by the same prime contractor such sums as may bedetermined to be necessary to satisfy any liabilities of such con-tractor or subcontractor for unpaid wages and liquidated damagesas provided in the clause set forth in subparagraph (2) of thisparagraph.
(4) Subcontracts. The contractor or subcontractor shall insertin any subcontracts the clauses set forth in subparagraph (1)through (4) of this paragraph and also a clause requiring the sub-contractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for compliance by anysubcontractor or lower tier subcontractor with the clauses set forthin subparagraphs (1) through (4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are ap-plicable only where the amount of the prime contract exceeds$100,000.
(1) No laborer or mechanic shall be required to work in surround-ings or under working conditions which are unsanitary, hazard-ous, or dangerous to his health and safety as determined underconstruction safety and health standards promulgated by the Sec-retary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by theSecretary of Labor pursuant to Title 29 Part 1926 and failure tocomply may result in imposition of sanctions pursuant to the Con-tract Work Hours and Safety Standards Act, 40 USC 3701 et seq.
(3) The Contractor shall include the provisions of this para-graph in every subcontract so that such provisions will bebinding on each subcontractor. The Contractor shall take suchaction with respect to any subcontract as the Secretary ofHousing and Urban Development or the Secretary of Laborshall direct as a means of enforcing such provisions.
ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM NOTICE 10-004 EFFECTIVE DATE: December 17, 2009 SUBJECT: GUIDANCE ON IMPLEMENTATION OF THE DAVIS-BACON ACT PREVAILING WAGE REQUIREMENTS FOR ENERGY EFFICIENCY CONSERVATION BLOCK GRANT RECIPIENTS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 PURPOSE: To issue guidance to Energy Efficiency Conservation Block Grant (EECBG) Program participants on compliance with Davis-Bacon Act (DBA)1 requirements associated with the expenditure of American Recovery and Reinvestment Act of 2009 (Recovery Act) funds. The Department of Labor (DOL), Employment Standards Administration, Wage and Hour Division (WHD) has issued guidance on applicability of DBA requirements to all agencies engaged in funding projects for construction, alteration, and/or repair funded in whole or in part by funds appropriated under the Recovery Act.2 This guidance does not modify or replace the DOL guidance or any requirements or terms and conditions contained in the grant instrument. SCOPE: The provisions of this guidance apply to recipients of EECBG Program funds, as named in a Notification of Grant Award (Grant Award) from DOE under the EECBG Program and their subrecipients. The provisions of this guidance do not apply to U.S. Territories. Tribal governments are only exempt from the DBA provisions when the Tribal government performs work using its employees. The Davis-Bacon Act applies to all contractors that employ laborers and/or mechanics performing work under a Grant Award. BACKGROUND: The Davis-Bacon Act The DBA is applicable to contracts of the United States3 in excess of $2,0004 for the construction, alteration, and/or repair (including painting and decorating)5 of public
1 40 U.S.C. 3141 et seq. 2 See DOL All Agency Memorandum No, 207, dated May 29, 2009, available at http://www.dol.gov/whd/recovery/AAM207.pdf. (AAM No. 207). 3 This includes the District of Columbia. For applicability of the Davis-Bacon Act to government agencies, such as states, under Section 1606 of the Recovery Act, see the DOL Advisory Letter to DOE (Advisory Letter) at http://www.dol.gov/whd/recovery/AdvisoryLetterDOE.pdf, page 2. 4 The $2,000 threshold for coverage pertains to the amount of the prime contract, not to the amount of individual subcontracts. If the covered prime contract exceeds $2,000, all work on the project is covered. 5 These work activities are defined at 29 CFR Part 5.2(k).
Energy Efficiency and Conservation Block Grant Program Notice 10-004 Page 2
buildings or public works. The DBA requires all contractors and subcontractors to pay laborers and mechanics employed on a covered contract wages and fringe benefits determined by the Secretary of Labor to be prevailing for corresponding classes of employees engaged on similar projects in the locality. In numerous additional laws, Congress has specifically required adherence to DBA prevailing wage requirements where they might not otherwise be applicable. On February 17, 2009, President Obama signed the Recovery Act to jumpstart the economy by saving and creating jobs, and to foster energy efficiency efforts and achieve other goals.6 Section 1606 of the Recovery Act specifically requires that all laborers and mechanics employed by contractors and subcontractors on any project “funded directly by or assisted in whole or in part by” Recovery Act funds be paid prevailing wages as determined by the Secretary of Labor.7 Accordingly, contractors and subcontractors must ensure that any laborers and mechanics8 employed on projects funded or assisted in whole or in part by Recovery Act funds are paid prevailing wages as determined by the Secretary of Labor for construction, alteration, and/or repair (including painting and decorating). All recipients, grantees, and subgrantees, with the exception of State and local governments that use their own employees to perform this work, must also pay their own employees performing the work of laborers and mechanics the DBA prevailing wage rate. If the entity receiving Recovery Act assistance for such projects contracts out the work, it must ensure that the DBA requirements flow down to the entities that employ the laborers and mechanics to do the work.9 Contract Clauses On projects where DBA prevailing wage requirements must be paid, the requirements set out in the DOL regulations at 29 CFR Parts 1, 3, and 5 are applicable. In accordance with 29 CFR Part 1, Federal agencies directly contracting for projects or providing assistance under the Recovery Act to other entities for such projects must include the DBA contract clauses in their solicitations, assistance agreements, and the resulting contracts and grants, and must require that those requirements flow down to any contracts or subcontracts for the performance of the work.10 As a consequence of the required DBA contract clauses, the recipient of the Recovery Act funds is responsible for the compliance by its subgrantees, contractors, and their subcontractors.11
6 See http://www.recovery.gov/?q=content/our-mission. 7 For the text of the Davis-Bacon provision in Section 1606, see AAM No. 207, page 2 and the Advisory Letter, page 2. 8 Apprentice and trainees may be paid at less than the DBA prevailing wage rate if the requirements set forth in 29 CFR Part 5.5(a)(4) are met. 9 See Advisory Letter page 2. 10 See DOE Acquisition and Financial Assistance Guide for the American Recovery and Reinvestment Act of 2009, version 2.1a, Attachment 3 at: http://management.energy.gov/policy_guidance/1672.htm 11See 29 CFR Part 5.5(a)(6) (making prime contractor responsible for lower-tier contractor compliance).
Energy Efficiency and Conservation Block Grant Program Notice 10-004 Page 3
DOE is responsible for ensuring that the applicable wage determinations are included in solicitations, assistance agreements, and the resulting contracts and grants. EECBG Program projects using Recovery Act funds must incorporate the most current DOL Wage Determination(s) as found at http://www.wdol.gov/Index.aspx for the worker classifications applicable to the work being performed by employees or contractors. Please also note that the rates posted at the DOL site are minimums. Grantees/subgrantees and contractors/subcontractors must attach the applicable wage determinations to the solicitation, assistance agreement, and resulting contract or grant. A grantee or subgrantee and contractors/subcontractors contracting out work on a covered project must provide the wage determination to the contractors or subcontractors 10 calendar days prior to issuing the solicitation. If an ongoing construction project that was awarded prior to the Recovery Act or that was not assisted or funded in whole or part by Recovery Act funds later receives Recovery Act funding, the agency will insert the appropriate wage determination(s) in relevant contracts and federal assistance agreements effective as of the date the Recovery Act funding is approved for use on the project. The wage determinations must thereafter be included in any contracts or subcontracts for the DBA-covered work. Projects that are already subject to the DBA labor standards would not require application of a new Davis-Bacon wage determination upon receipt of Recovery Act funding unless the funding is for work not contemplated under the existing contract for construction. Payroll Records In addition, Grantees/subgrantees and contractors/subcontractors on these projects funded or assisted in whole or part by Recovery Act funds shall maintain payrolls and basic records relating to payroll during the course of the work and preserve them for a period of three years thereafter for all laborers and mechanics working on the project, or as designated in the grant document.12 They must also ensure that all laborers and mechanics on a project funded or assisted in whole or part with Recovery Act funds are paid on a weekly basis and must submit weekly certified payroll records to the contracting and administering agency.13 Published Wage Rates Wage rates can be found at www.wdol.gov. If county recipients in any State do not have published DOL wage rates, then the county must submit a request for conformance to the DOL. The conformance process often takes up to six weeks to be completed so county should plan its project activities accordingly.14
12 See 29 CFR Part 5.5(a)(3)(i) for the payroll and record-keeping requirements, including a list of the required contents of the records and for additional record-keeping requirements. 13 See 29 CFR Part 5.5(a)(ii)(A)-(D) for additional requirements relating to the submission of weekly certified payroll records. 14 The Department of Labor has provided guidance for anyone who must submit a conformance request for a Wage Determination on its website at http://www.dol.gov/whd/recovery/dbsurvey/conformance.htm
Energy Efficiency and Conservation Block Grant Program Notice 10-004 Page 4
Administrative Costs Costs associated with DBA compliance can be charged as an administrative cost. EECBG recipients should contact their respective DOE Project Management Center for specific guidance on how to appropriately charge these costs. TRAINING Training on Davis-Bacon implementation, frequently asked questions, labor clauses, and other related Recovery Act information can be found at: http://www.eecbg.energy.gov/davisbacon.html.
Claire Broido Johnson Acting Program Manager Office of Weatherization and Intergovernmental Programs Energy Efficiency and Renewable Energy
GENERAL DECISION: SC20100001 03/12/2010 SC1
Date: March 12, 2010
General Decision Number: SC20100001 03/12/2010
Superseded General Decision Number: SC20080001
State: South Carolina
Construction Type: Building
Counties: Abbeville, Chester, Fairfield, Greenwood, Laurens,
McCormick, Newberry, Oconee, Saluda and Union Counties in South
Carolina.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes and apartments up to and including 4 stories)
Modification Number Publication Date
0 03/12/2010
* SUSC1995-001 07/03/1995
Rates Fringes
Bricklayer.....................$ 12.29
Carpenter
_(includes batt insulation
and drywall hanging)...$ 10.20
Cement mason/concrete
finisher.....................$ 10.50
Electrician....................$ 10.97
Glazier
_Duct work..................$ 10.17 1.15
Ironworker, structural.........$ 9.00
Laborers:
_General....................$ 7.25
_Mason tender...............$ 7.25 1.37
Painter
_(includes drywall
finishing)..................$ 8.80
Plumber
_(does not include HVAC
piping).....................$ 11.48
Power equipment operators:
_Backhoe....................$ 9.81
_Grader/gradall.............$ 10.93
Roofer.........................$ 8.56
Page 1 of 3
4/26/2010http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=SC2010...
Sheet metal worker
_(does not include HVAC
duct work)..................$ 10.00
Tile setter....................$ 10.00
Truck driver...................$ 7.25
Heating, Ventilation & Air
Condition Mechanic
_Duct work..................$ 9.86 .71
_Piping.....................$ 9.63 .81
----------------------------------------------------------------
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)).
----------------------------------------------------------------
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
----------------------------------------------------------------
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
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.
Page 2 of 3
4/26/2010http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=SC2010...
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
Page 3 of 3
4/26/2010http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=SC2010...
SE-355 2008 Edition Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS THAT (Insert full name or legal title and address of Contractor) hereinafter referred to as “Contractor,” and (Insert full name and address of principal place of business of Surety) a corporation duly organized and existing under the laws of the State of __________________________, with its principal
office in the City of ______________________________, and authorized to transact business in this State, hereinafter
called the “Surety”, are jointly and severally held and firmly bound unto
(Insert full name and address of Agency) or its successors or assigns, hereinafter referred to as “Agency”, to which payment to be well and truly made, the sum of
$______________________________________, being the sum of the Bond, the Contractor and Surety bind themselves,
their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated __________________________ entered into a contract with Agency to construct _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (Insert project Name and Number and Brief Description of Awarded Work, as found on the SE-330, Bid Form) in accordance with Drawings and Specifications prepared by: (Insert full name and address of A/E) which agreement is by reference made a part hereof, and is hereinafter referred to as the Contract. IN WITNESS WHEREOF, Surety and Contractor, intending to be legally bound hereby, subject to the conditions stated on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. DATED this ____________ day of ___________________________, _______ BOND NUMBER ________________ (shall be no earlier than Date of Contract) CONTRACTOR SURETY (Contractor’s Name) (Surety’s Name) BY: BY: (Signature and Title) (Signature and Title ATTEST: ATTEST: (Signature and Title) (Signature and Title
)
)
SE-355
.
Performance Bond 2008 Edition
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT: 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Agency for the full and faithful performance of the contract, which is incorporated herein by reference 2. If the Contractor performs the contract, the Surety and the Contractor have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1. 3. The Surety's obligation under this Bond shall arise after: 3.1 The Agency has notified the Contractor and the Surety at the address described in paragraph 10 below, that the Agency is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If the Agency, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the Agency's right, if any, subsequently to declare a Contractor Default; or 3.2 The Agency has declared a Contractor Default and formally terminated the Contractor's right to complete the Contract. 4. The Surety shall, within 15 days after receipt of notice of the Agency's declaration of a Contractor Default, and at the Surety's sole expense, take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Agency, to perform and complete the Contract; or 4.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Agency for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the Agency and the contractor selected with the Agency's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract. and pay to the Agency the amount of damages as described in paragraph 7 in excess of the Balance of the Contract Sum incurred by the Agency resulting from the Contractor Default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and: 4.4.1 After investigation, determine the amount for which it may be liable to the Agency and, within 60 days of waiving its rights under this paragraph, tender payment thereof to the Agency; or 4.4.2 Deny liability in whole or in part and notify the Agency, citing the reasons therefore. 5. Provided Surety has proceeded under paragraphs 4.1, 4.2, or 4.3, the Agency shall pay the Balance of the Contract Sum to either: 5.1 Surety in accordance with the terms of the Contract; or 5.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract. 5.3 The balance of the Contract Sum due either the Surety or another contractor shall be reduced by the amount of damages as described in paragraph 7. 6. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond 15 days after receipt of written notice from the Agency to the Surety demanding that the Surety perform its obligations under this Bond, and the Agency shall be entitled to enforce any remedy available to the Agency.
6.1 If the Surety proceeds as provided in paragraph 4.4, and the Agency refuses the payment tendered or the Surety has denied liability, in whole or in part, then without further notice the Agency shall be entitled to enforce any remedy available to the Agency. 6.2 Any dispute, suit, action or proceeding arising out of or relating to this Bond shall be governed by the Dispute Resolution process defined in the Contract Documents and the laws of the State of South Carolina. 7. After the Agency has terminated the Contractor's right to complete the Contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Agency shall be those of the Contractor under the Contract, and the responsibilities of the Agency to the Surety shall those of the Agency under the Contract. To a limit of the amount of this Bond, but subject to commitment by the Agency of the Balance of the Contract Sum to mitigation of costs and damages on the Contract, the Surety is obligated to the Agency without duplication for: 7.1 The responsibilities of the Contractor for correction of defective Work and completion of the Contract; and 7.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and 7.3 Damages awarded pursuant to the Dispute Resolution Provisions of the Contract. Surety may join in any Dispute Resolution proceeding brought under the Contract and shall be bound by the results thereof; and 7.4 Liquidated Damages, or if no Liquidated Damages are specified in the Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. The Surety shall not be liable to the Agency or others for obligations of the Contractor that are unrelated to the Contract, and the Balance of the Contract Sum shall not be reduced or set-off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Agency or its heirs, executors, administrators, or successors. 9. The Surety hereby waives notice of any change, including changes of time, to the contract or to related subcontracts, purchase orders and other obligations. 10. Notice to the Surety, the Agency or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. Definitions 11.1 Balance of the Contract Sum: The totalby the Agency to the Contractor under the Cproper adjustments have been made, including Contractor of any amounts to be received bysettlement of insurance or other Claims for dathe Contractor is entitled, reduced by all vpayments made to or on behalf of the ContContract. 11.2 Contractor Default: Failure of the Contrneither been remedied nor waived, to performotherwise to comply with the terms of the Contr
amount payable ontract after all allowance to the the Agency in mages to which alid and proper ractor under the
.
actor, which has the Contract or act.
SE-355
1 of 2 SE-357
KNOW ALL MEN BY THESE PRESENTS, that
(Insert full name or legal title and address of Contractor)
hereinafter referred to as “Contractor”, and
(Insert full name and address of principal place of business of Surety)
a corporation duly organized and existing under the laws of the State of _____________________________, with itsprincipal office in the City of _____________________, and authorized to transact business in this State, hereinaftercalled the “surety”, are jointly and severally held and firmly bound unto
(Insert full name and address of Agency)
Hereinafter referred to as “Agency”, or its successors or assigns, the sum of _______________________________,being the sum of the Bond to which payment to be well and truly made, the Contractor and Surety bind themselves,their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated ___________________ entered into a contract with Agency to construct
(Insert project Name and Number and Brief Description of Awarded Work, as found on the SE-330, Bid Form)
in accordance with Drawings and Specifications prepared by
(Insert full name and address of A/E)
which agreement is by reference made a part hereof, and is hereinafter referred to as the Contract.
IN WITNESS WHEREOF, Surety and Contractor, intending to be legally bound hereby, subject to the terms statedherein, do each cause this Labor and Material Payment Bond to be duly executed on its behalf by its authorizedofficer, agent or representative.DATED this _______________ day of ____________________, ________ BOND NUMBER ____________
(shall be no earlier than Date of Contract)
CONTRACTOR SURETY
(Contractor's Name) (Surety’s Name)
BY: BY:(Signature and Title) (Signature and Title)
ATTEST: ATTEST:
(Signature and Title) (Signature and Title)
2008 EditionRevised 10/27/08
SE-357Labor and Material Payment Bond
2008 EditionRevised 10/27/08
2 of 2 SE-357
Labor and Material Payment BondNOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT:
1. The Contractor and the Surety, jointly and severally, bindthemselves, their heirs, executors, administrators, successors andassigns to the Agency to pay for all labor, materials andequipment required for use in the performance of the Contract,which is incorporated herein by reference.2. With respect to the Agency, this obligation shall be null andvoid if the Contractor:2.1 Promptly makes payment, directly or indirectly, for all sumsdue Claimants; and2.2 Defends, indemnifies and holds harmless the Agency fromall claims, demands, liens or suits by any person or entity whofurnished labor, materials or equipment for use in theperformance of the Contract.3. With respect to Claimants, this obligation shall be null andvoid if the Contractor promptly makes payment, directly orindirectly, for all sums due.4. With respect to Claimants, and subject to the provisions ofTitle 29, Chapter 5 and the provisions of §11-35-3020(2)(c) ofthe SC Code of Laws, as amended, the Surety’s obligation underthis Bond shall arise as follows:4.1 Every person who has furnished labor, material or rentalequipment to the Contractor or its subcontractors for the workspecified in the Contract, and who has not been paid in fulltherefore before the expiration of a period of ninety (90) daysafter the date on which the last of the labor was done orperformed by him or material or rental equipment was furnishedor supplied by him for which such claim is made, shall have theright to sue on the payment bond for the amount, or the balancethereof, unpaid at the time of institution of such suit and toprosecute such action for the sum or sums justly due him.4.2 A remote claimant shall have a right of action on thepayment bond upon giving written notice by certified orregistered mail to the Contractor within ninety (90) days fromthe date on which such person did or performed the last of thelabor or furnished or supplied the last of the material or rentalequipment upon which such claim is made.4.3 Every suit instituted upon a payment bond shall be broughtin a court of competent jurisdiction for the county or circuit inwhich the construction contract was to be performed, but nosuch suit shall be commenced after the expiration of o ne yearafter the day on which the last of the labor was performed ormaterial or rental equipment was supplied by the personbringing suit.5. When the Claimant has satisfied the conditions of paragraph4, the Surety shall promptly and at the Surety’s expense take thefollowing actions:5.1 Send an answer to the Claimant, with a copy to the Agency,within forty-five (45) days after receipt of the claim, stating theamounts that are undisputed and the basis for challenging anyamounts that are disputed.5.2 Pay or arrange for payment of any undisputed amounts.6. Amounts owed by the Agency to the Contractor under theContract shall be used for the performance of the Contract andto satisfy claims, if any, under any Performance Bond. By theContractor furnishing and the Agency accepting this Bond, theyagree that all funds earned by the contractor in the performanceof the Contract are dedicated to satisfy obligations of theContractor and the Surety under this Bond, subject to theAgency’s prior right to use the funds for the completion of theWork.
7. The Surety shall not be liable to the Agency,Claimants or others for obligations of the Contractorthat are unrelated to the Contract. The Agency shallnot be liable for payment of any costs or expenses ofany claimant under this bond, and shall have underthis Bond no obligations to make payments to, givenotices on behalf of, or otherwise have obligations toClaimants under this Bond.8. The Surety hereby waives notice of any change,including changes of time, to the Contract or to relatedSubcontracts, purchase orders and other obligations.9. Notice to the Surety, the Agency or the Contractorshall be mailed or delivered to the addresses shown onthe signature page. Actual receipt of notice by Surety,the Agency or the contractor, however accomplished,shall be sufficient compliance as of the date receivedat the address shown on the signature page.10. By the Contractor furnishing and the Agencyaccepting this Bond, they agree that this Bond hasbeen furnished to comply with the statutoryrequirements of the South Carolina Code of Laws, asamended, and further, that any provision in this Bondconflicting with said statutory requirements shall bedeemed deleted herefrom and provisions conformingto such statutory or other legal requirement shall bedeemed incorporated herein. The intent is that thisBond shall be construed as a statutory Bond and not asa common law bond.11. Upon request of any person or entity appearing tobe a potential beneficiary of this bond, the Contractorshall promptly furnish a copy of this Bond or shallpermit a copy to be made.12. Any dispute, suit, action or proceeding arising outof or relating to this Bond shall be governed by thelaws of the State of South Carolina.13. DEFINITIONS13.1 Claimant: An individual or entity having adirect contract with the Contractor or with aSubcontractor of the Contractor to furnish labor,materials, or equipment for use in the performance ofthe Contract. The intent of this Bond shall be toinclude without limitation in the terms “labor,materials or equipment” that part of water, gas, power,light, heat, oil, gasoline, telephone service or rentalequipment used in the Contract, architectural andengineering services required for performance of theWork of the Contractor and the Contractor’sSubcontractors, and all other items for which amechanic’s lien might otherwise be asserted.13.2 Remote Claimant: A person having a directcontractual relationship with a subcontractor of theContractor or subcontractor, but no contractualrelationship expressed or implied with the Contractor.13.3 Contract: The agreement between the Agencyand the Contractor identified on the signature page,including all Contract Documents and changesthereto.
SUMMARY OF WORK PART 1 - GENERAL RELATED DOCUMENTS: General provisions of the Contract, including General and Supplementary Conditions and other Specification sections, apply to this section. The Project consists of replacing the HVAC condensers and furnaces in the Police and Fire Station in the City of Newberry.
Project Location: City of Newberry Public Safety Complex City of Newberry Whitaker Fire Station
Newberry, S.C. 29108 Owner: City of Newberry
P.O. Box 538 Newberry, South Carolina 29108
The Construction Budget for the Project is $56,683. Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted; except that if the bid from the lowest responsible bidder exceeds the project budget, the City may negotiate with the apparent low bidder to obtain a mutually acceptable contract price. Contract Documents were prepared for the Project by Central Midlands Council of Governments, 236 Stoneridge Drive, Columbia, SC, 29210. Specifications for the Project were prepared by Caviness Lambert Engineering, 508 East North Street, Greenville, SC 29601. Use of the Site and Scheduling: The contractor shall be permitted to complete the work at any time. City staff will coordinate with the appropriate City Departments for installation.
The Work will be constructed under a single prime contract.
Refer to Bid Form for additional schedule requirements.
UNIT PRICES GENERAL Unit price is an amount proposed by bidders, stated on the Bid Form, as a price per unit of measurement for materials or services added to or deducted from the Contract Sum by appropriate modification, if the estimated quantities of Work required by the Contract Documents are increased or decreased. Unit prices include necessary material, plus costs for delivery, installation, insurance, overhead, profit, and applicable taxes. Schedule: A "Unit Price Schedule" is included in the Bid Form. Specification Sections referenced in the Schedule contain requirements for materials described under each unit price.
REFERENCE STANDARDS AND DEFINITIONS PART 1 - GENERAL RELATED DOCUMENTS General provisions of the Contract, including General and Supplementary Conditions and other Specification Sections, apply to this Section. DEFINITIONS General: Basic contract definitions are included in the Conditions of the Contract. "Indicated": The term "indicated" refers to graphic representations, notes, or schedules on the Drawings, or other paragraphs or Schedules in the Specifications, and similar requirements in the Contract Documents. Terms such as "shown," "noted," "scheduled," and "specified" are used to help the reader locate the reference. Location is not limited. "Directed": Terms such as "directed," "requested," "authorized," "selected," "approved," "required," and "permitted" mean directed by the Owner, City of Newberry, requested by the Owner, and similar phrases. "Approved": The term "approved," when used in conjunction with the City’s action on the Contractor's submittals, applications, and requests, is limited to the City’s duties and responsibilities as stated in the Conditions of the Contract. "Regulations": The term "regulations" includes laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, as well as rules, conventions, and agreements within the construction industry that control performance of the Work. "Furnish": The term "furnish" means supply and deliver to the Project Site, ready for unloading, unpacking, assembly, installation, and similar operations. "Install": The term "install" describes operations at the Project Site including the actual unloading, unpacking, assembly, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. "Provide": The term "provide" means to furnish and install, complete and ready for the intended use. "Installer": An installer is the Contractor or another entity engaged by the Contractor, either as an employee, subcontractor, or contractor of lower tier, to perform a particular construction activity, including installation, erection, application, or similar operations. Installers are required to be experienced in the operations they are engaged to perform.
The term "experienced," when used with the term "installer," means having a minimum of 5 previous projects similar in size and scope to this Project, being familiar with the special requirements indicated, and having complied with requirements of authorities having jurisdiction.
Trades: Using terms such as "carpentry" does not imply that certain construction activities
must be performed by accredited or unionized individuals of a corresponding generic name, such as "carpenter." It also does not imply that requirements specified apply exclusively to tradespersons of the corresponding generic name.
Assigning Specialists: Certain Sections of the Specifications require that specific construction activities shall be performed by specialists who are recognized experts in those operations. The specialists must be engaged for those activities, and their assignments are requirements over which the Contractor has no option. However, the ultimate responsibility for fulfilling contract requirements remains with the Contractor.
This requirement shall not be interpreted to conflict with enforcing building codes and similar regulations governing the Work. It is also not intended to interfere with local trade-union jurisdictional settlements and similar conventions.
"Project Site" is the space available to the Contractor for performing construction activities, either exclusively or in conjunction, with others performing other work as part of the Project. "Testing Agencies": A testing agency is an independent entity engaged to perform specific inspections or tests, either at the Project Site or elsewhere, and to report on and, if required, to interpret results of those inspections or tests. SPECIFICATION CONTENT EXPLANATION General: This Specification uses certain conventions regarding the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations or circumstances. These conventions are explained as follows:
Abbreviated Language: Language used in Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be interpolated as the sense requires. Singular words will be interpreted as plural and plural words interpreted as singular where applicable as the context of the Contract Documents indicates.
Streamlined Language: The Specifications generally use the imperative mood and streamlined language. Requirements expressed in the imperative mood are to be performed by the Contractor. At certain locations in the Text, subjective language is used for clarity to describe responsibilities that must be fulfilled indirectly by the Contractor or by others when so noted.
The words "shall be" are implied where a colon (:) is used within a sentence or phrase.
INDUSTRY STANDARDS Applicability of Standards: Except where the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. Publication Dates: Comply with the standards in effect as of the date of the Contract Documents.
Conflicting Requirements: Where compliance with 2 or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer to the Owner before proceeding for a decision on requirements that are different but apparently equal, and where it is uncertain which requirement is the most stringent.
Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum acceptable. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of the requirements. Refer uncertainties to the Owner for a decision before proceeding.
Copies of Standards: Each entity engaged in construction on the Project is required to be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents.
Where copies of standards are needed to perform a required construction activity, the Contractor shall obtain copies directly from the publication source.
Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. Where such acronyms or abbreviations are used in the Specifications or other Contract Documents, they mean the recognized name of the trade association, standards-generating organization, authorities having jurisdiction, or other entity applicable to the context of the text provision. Refer to Gale Research Co.'s "Encyclopedia of Associations," available in most libraries. SUBMITTALS Permits, Licenses, and Certificates: For the Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established in conjunction with compliance with standards and regulations bearing upon performance of the Work.
PROJECT MEETINGS PART 1 - GENERAL RELATED DOCUMENTS General provisions of the Contract, including General and Supplementary Conditions and other Specification Sections, apply to this Section. SUMMARY This Section specifies administrative and procedural requirements for project meetings, including, but not limited to, the following:
Preconstruction conferences. Progress meetings.
PRECONSTRUCTION CONFERENCE Schedule a preconstruction conference before starting construction, at a time convenient to the Owner and the Architect, but no later than 15 days after execution of the Agreement. Hold the conference at the Project Site or another convenient location. Conduct the meeting to review responsibilities and personnel assignments. Attendees: Authorized representatives of the Owner and their consultants; the Contractor and its superintendent; major subcontractors; manufacturers; suppliers; and other concerned parties shall attend the conference. All participants at the conference shall be familiar with the Project and authorized to conclude matters relating to the Work. Agenda: Discuss items of significance that could affect progress, including the following:
Tentative construction schedule. Critical work sequencing. Designation of responsible personnel. Procedures for processing field decisions and Change Orders. Procedures for processing Applications for Payment. Distribution of Contract Documents. Submittal of Shop Drawings, Product Data, and Samples. Preparation of record documents. Use of the premises. Parking availability. Office, work, and storage areas. Equipment deliveries and priorities. Safety procedures. First aid. Security. Housekeeping. Working hours.
PROGRESS MEETINGS Conduct progress meetings at the Project Site when appropriate. Notify the Owner of scheduled
meeting dates. Coordinate dates of meetings with preparation of the payment request. Attendees: In addition to representatives of the Owner, each subcontractor, supplier, or other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the conference shall be familiar with the Project and authorized to conclude matters relating to the Work.
Contractor's Construction Schedule: Review progress since the last meeting. Determine where each activity is in relation to the Contractor's Construction Schedule, whether on time or ahead or behind schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to insure that current and subsequent activities will be completed within the Contract Time.
Review the present and future needs of each entity present, including the following:
Interface requirements. Time. Sequences. Status of submittals. Deliveries. Off-site fabrication problems. Access. Site utilization. Temporary facilities and services. Hours of work. Hazards and risks. Housekeeping. Quality and work standards. Change Orders. Documentation of information for payment requests.
QUALITY CONTROL PART 1 - GENERAL RELATED DOCUMENTS General provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. SUMMARY This Section includes administrative and procedural requirements for quality-control services. Quality-control services include inspections, tests, and related actions, including reports performed by Contractor, by independent agencies, and by governing authorities. Inspection and testing services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with Contract Document requirements. Requirements of this Section relate to customized fabrication and installation procedures, not production of standard products.
Specific quality-control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products.
Specified inspections, tests, and related actions do not limit Contractor's quality-control procedures that facilitate compliance with Contract Document requirements.
Requirements for Contractor to provide quality-control services required by Owner, or authorities having jurisdiction are not limited by provisions of this Section.
RESPONSIBILITIES Contractor Responsibilities: Cooperate with agencies performing required inspections, tests, and similar services, and provide reasonable auxiliary services as requested. Notify the agency sufficiently in advance of operations to permit assignment of personnel. Auxiliary services required include, but are not limited to, the following:
Provide access to the Work.
Coordination: Coordinate the sequence of activities to accommodate required services with a minimum of delay. Coordinate activities to avoid the necessity of removing and replacing construction to accommodate inspections and tests.
The Contractor is responsible for scheduling times for inspections, tests, taking samples, and similar activities.
REPAIR AND PROTECTION General: Upon completion of inspection, testing, sample taking and similar services, repair damaged construction and restore substrates and finishes. Comply with Contract Document requirements. Protect construction exposed by or for quality-control service activities, and protect repaired construction. Repair and protection is Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing, or similar services.
CITY OF NEWBERRY
HVAC UPGRADES PROJECT
ADDENDUM NO. 1
October 11, 2010 To Bidder of Record: This addendum, applicable to the project referenced above, is an amendment to the bidding documents and as such will be a part of and included in the Contract Documents. Acknowledge receipt of this addendum by entering the addendum number and issue date in the space provided on the Bid Form in submitted copies of the proposal. 1. REQUEST FOR BIDS Delete the following language: Sealed Bids for furnishing all materials, labor, tools, equipment and appurtenances necessary for the HVAC Upgrades will be received by the Project Administrator (on behalf of the Owner – City of Newberry) at the Central Midlands Council of Governments, 236 Stoneridge Drive, Columbia, SC 29210, until 12:00 p.m., local time, on October 27, 2010. The bids will be publicly opened and read aloud by the Project Administrator at Newberry City Hall, Council Chambers, 1330 College Street, Newberry, SC 29108 at 10:00 a.m., local time, on October 28, 2010. Replace With the following language: Sealed Bids for furnishing all materials, labor, tools, equipment and appurtenances necessary for the HVAC Upgrades will be received by the Project Administrator (on behalf of the Owner – City of Newberry) at the Central Midlands Council of Governments, 236 Stoneridge Drive, Columbia, SC 29210, until 12:00 p.m., local time, on November 17, 2010. The bids will be publicly opened and read aloud by the Project Administrator at Newberry City Hall, Council Chambers, 1330 College Street, Newberry, SC 29108 at 10:00 a.m., local time, on November 18, 2010. 2. SCOPE OF WORK Delete the following language: All contractors should adhere strictly to the bid specs for bid consistency, but comparable alternates will be considered and encouraged upon bid award. POLICE STATION Delete the following language: Base bid shall be Trane Equipment. Replace With the following language: Base bid shall be Trane Equipment or equivalent.
PAGE 1 OF 2
FIRE STATION Delete the following language: Base bid shall be Trane Equipment. Replace With the following language: Base bid shall be Trane Equipment or equivalent. This Addendum, including this page, is two (2) pages in its entirety. Each bidder is requested to acknowledge receipt of this Addendum No. 1 by his/her signature affixed hereto and to file same as an attachment to his/her bid. The Undersigned acknowledges receipt of this Addendum No. 1 and the bid submitted herewith is in accordance with the information and stipulation set forth. Date Signature of Bidder
END OF ADDENDUM
PAGE 2 OF 2
