proposal date change
TRANSCRIPT
C E N T R A L S E R V I C E S
P.O. BOX 447 ALBANY, GA 31702 | PHONE: 229.431.3211 | FAX: 229.431.2184 | www.albanyga.gov
September 30, 2021
TO: All Potential Proposers SUBJECT: DOCO Archaeological Services – Cultural Resource Survey &
Photographic Permanent Archival Record RFP Ref. #22-016
Proposal Closing Date & Time: October 5, 2021 @ 5:00 p.m.
PROPOSAL DATE CHANGE
ADDENDUM NO. 2 The items contained in this addendum are added to and/or deleted and become part of the specifications and proposal documents for the above referenced request for proposals.
THE PREPOPOSAL CLOSING DATE HAS BEEN CHNGED TO: OCTOBER 12, 2021, at 5 p.m.
Note: This is A County Project.
Questions/Answers
1. Is it possible to have a project location maps of the Red Bud Road Residential historic district and the Holly Drive and Hibiscus Road historic districts? Yes.
2. Are the Red Bud Road Residential historic district and the Holly Drive and Hibiscus Road historic districts local historic districts, listed in the National Register of Historic Places (NRHP), or previously determined eligible for listing in the NRHP? No.
3. Can the City of Albany confirm that they only anticipate six (6) total Photographic Permanent Archival Records (PAR), for 2407, 2505, and 2510 Hibiscus Road; 912 Eleventh Avenue; 1614 Pecan Lane; and 322 Azalea Boulevard? Yes.
4. Within Section II. Scope of Services of the RFP, the 5th paragraph states that a PAR “will need to be completed for the two reference projects.” Which two reference project is this referring to? The PAR
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should only be for the six property addresses: 2407, 2505, and 2510 Hibiscus Road; 912 Eleventh Avenue; 1614 Pecan Lane; and 322 Azalea Boulevard.
5. To what extent is the Historic Property Inventory/ Cultural Resource Survey to explore the Red Bud Road Residential historic district and the Holly Drive and Hibiscus Road historic districts? Three potential historic districts have been identified in the vicinity of the Hibiscus Road properties along Red Bud Road, Holly Drive, and Hibiscus Road. The successful proposer will conduct a survey of this area to determine if potential districts exist and their boundaries.
6. The historic districts are not listed in the National Register for Historic Places database or on the city’s website. Are there formal boundaries for the Red Bud Road Residential historic district and Holly Drive and Hibiscus Road Residential historic district? If so, who established the boundaries and how were they determined? Are these already local historic districts or are they proposed by the city or the HPD? Three potential historic districts have been identified in the vicinity of the Hibiscus Road properties along Red Bud Road, Holly Drive, and Hibiscus Road. The successful proposer will conduct a survey of this area to determine if potential districts exist and their boundaries.
7. Did the HPD stipulate that this survey would need to be a GNAHRGIS survey with resources entered into GNAHRGIS and a survey report produced? No.
8. In regard to the Digital Photography Package, does the city already have possession of these properties and will access be granted to the interior? Interior photographs are required for buildings that are to be demolished. No, the County does not have possession of the properties. The properties will be acquired under a HMGP project and will be purchased for demolition and turned into greenspace. Permission will be granted for the purpose of the requested services in the RFP.
9. Is it possible to have a project location map detailing the proposed construction of the six-mile trail from the Albany downtown and ASU trails to the Radium Springs Trail? Yes.
10. Within Section II. Scope of Services of the RFP, the 5th paragraph states that a PAR “will need to be completed for the two reference projects.” Which two reference project is this referring to? The Radium Springs Tail Project and the Red Bud Road Residential historic district and the Holly Drive and Hibiscus Road historic districts local historic districts
11. Will this be a complete recordation of all resources within the historic districts or is this a survey of those resources the proposed trail may affect in its construction? How many resources is the City of Albany expecting the survey team to record? The recordation should for the referenced project area of the Trail area stated in the RFP and the Map.
12. Does the City of Albany have a budget for this project? If so, what is it? No, a separate cost proposal is request in the RFP.
13. Is it possible to have copies of all previously recorded or documented surveys within or relating to the project area? There are no previous surveys.
14. Archaeology • Will the centerline of the trail be staked or flagged on the ground?
No, the exact alignment has not been determined. • Will GIS or CAD files of the trail be available?
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No, none exist. Only drawings that exist are in the Flint Fiver Trails Master Plan. • Will the City arrange for access to private property?
Yes, the County. 15. Are there any proposed structure aside from the trail itself that may affect the indirect/visual APE such
as raised bridges, public facilities, etc.? We are not aware of any elevated structures along that route.
16. A map of the Radium Trails is attached.
All other terms and conditions remain unchanged. Acknowledge receipt of this addendum with your submittal. If you have any questions, feel free to contact me at (229) 431-3211.
City of Albany,
Kimberly M. Allen Kimberly M. Allen
C E N T R A L S E R V I C E S
P.O. BOX 447 ALBANY, GA 31702 | PHONE: 229.431.3211 | FAX: 229.431.2184 | www.albanyga.gov
September 16, 2021
TO: All Potential Proposers SUBJECT: Archaeological Services – Cultural Resource Survey &
Photographic Permanent Archival Record RFP Ref. #22-016
Proposal Closing Date & Time: September 21, 2021 @ 5:00 p.m.
PROPOSAL DATE CHANGE
ADDENDUM NO. 1 The items contained in this addendum are added to and/or deleted and become part of the specifications and proposal documents for the above referenced request for proposals.
THE PREPOPOSAL CLOSING DATE HAS BEEN CHNGED TO: OCTOBER 5, 2021, at 5 p.m.
All other terms and conditions remain unchanged. Acknowledge receipt of this addendum with your submittal. If you have any questions, feel free to contact me at (229) 431-3211.
City of Albany,
Kimberly M. Allen Kimberly M. Allen
C E N T R A L S E R V I C E S
P.O. BOX 447 ALBANY, GA 31702 | PHONE: 229.431.3211 | FAX: 229.431.2184 | www.albanyga.gov
August 20, 2021
Request for Proposals Archaeological Services – Cultural Resource Survey &
Photographic Permanent Archival Record Request for Proposals No. 22-016
Responses will be received at the Procurement Division on behalf of the Dougherty County Board of Commissioners, 222 Pine Avenue, Suite 260, Albany, Georgia 31701, until 5:00 pm EDT, on September 21, 2021, for a professional services contract to conduct a cultural resource survey for the construction of a multi-use trail approximately six miles long connecting the existing Albany downtown and Albany State University (ASU) trails to the Radium Springs trail and a cultural resource survey for the Red Bud Road Residential historic district, Holly Drive and Hibiscus Road Residential historic districts. The professional service contract will also include services to complete a permanent archival record (PAR) for six properties located in the Red Bud Road Residential historic district, Holly Drive and Hibiscus Road Residential historic districts. The City of Albany strongly encourages Disadvantaged Business firms to participate in this RFP and further urges that all proposals reflect inclusion of women and minorities. Any interested and qualified firm and/or party is requested to make a response to accomplish the Scope of Services described herein. The response is to be signed by a duly authorized official of the firm and must be submitted in the time, manner, and form prescribed. Firms that wish to join in a consortium must designate one firm as principal or lead firm. Consortiums will be evaluated according to the same requirements as a single firm. No reimbursement will be made by the City of Albany for any costs incurred prior to a formal Notice to Proceed, should an award of contract result from this solicitation. INQUIRIES OR QUESTIONS: Should be submitted in writing to Kimberly M. Buyer, at the Procurement Division Office no later than 5:00 p.m., September 10, 2021; electronic inquiries are acceptable at [email protected] cc: [email protected] and [email protected]. Replies of substance will be in writing, in the form of an addendum, and made available to all potential proposers. City of Albany, Michael Trotter Michael Trotter
Procurement Manager
DOUGHERTY COUNTY, GEORGIA REQUEST FOR PROPOSALS Ref. #22-016
INSTRUCTIONS These instructions will bind bidders to terms and conditions herein set forth, except as specifically qualified in special bid and contract terms issued with any individual bid. 1. All proposal responses and price component should be tabulated, totaled, and checked for accuracy.
The price state in the price component will prevail in case of errors. 2. All requested information should be included in proposal response. All desired information must be
signed and included for your proposal response to receive full consideration. Failure to submit any required form or requested information will be cause for the proposal response to be rejected as non-responsive.
3. All questions, inquiries and requests for clarification shall be directed to Procurement. 4. For multi-year contracts the following clauses pursuant to OCGA 36-60-13 apply: (1) The contract
shall terminate absolutely and without further obligation on the part of the County at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed; (2) The contract may provide for automatic renewal unless positive action is taken by the County to terminate such contract, and the nature of such action shall be determined by the County and specified in the contract; (3) The contract shall state the total obligation of the County for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed; and (4) The contract shall provide that title to any supplies, materials, equipment, or other personal property shall remain in the vendor until fully paid for by the County.
5. Each proposal shall be clearly marked on the outside of the envelope as a Sealed Response whether using a County furnished envelope or other envelopes.
6. Proposals must be received and stamped by the Procurement Office before time stipulated in the Request for Proposal documents. No responsibility will attach to any County representative or employee for premature opening of proposal responses not properly addressed or identified.
7. If only one proposal is received, the proposal may be rejected and/or re-advertised, except in the case of only one known source of supply.
8. Proposal Responses received late will not be accepted, and the County will not be responsible for late mail delivery.
9. Should a Proposal Response be misplaced by the County and found later it will be considered. 10. All respondents at any time requested must satisfy the Procurement Office and County Commission
that he has the requisite organization, capital, plant, stock, ability and experience to satisfactorily execute the contract in accordance with the provisions of the contract in which he is interested.
11. Any alterations, erasures, additions or omissions of required information, or proposal schedule are done at the risk of the respondent. Any proposal response will be rejected that has a substantial variation, such as a variation that affects the price, quality or delivery date (when delivery is required by a specific time).
12. When requested, SAMPLES will be furnished free of expense, properly marked for identification and accompanied by list where there is more than one sample. The County reserves the right to mutilate or destroy any samples submitted whenever it may be in the best interests of the County to do so for the purpose of testing.
13. County will reject any material, supplies or equipment that do not meet the specifications, even though proposer lists the trade name or names of such materials on the bid or price quotation form.
14. The unauthorized use of patented articles is done entirely at the risk of the successful bidder. 15. The ESTIMATED QUANTITY given in the specifications or advertisement is for the purpose of the
Request for Proposals only. The County may purchase more or less than the estimated quantity, and the vendor must not assume that such estimated quantity is part of the contract.
16. Prospective respondents are responsible for examining the location of the proposed work or delivery and determining, in their own way, the difficulties, which are likely to be encountered in the prosecution of the same.
17. Unless otherwise specified by the procurement office all materials, supplies or equipment quoted herein must be delivered within thirty (30) days from date of notification or exception noted on bid sheet.
18. A contract will not be awarded to any corporation, firm or individual who is, from any cause, in arrears to the County or who has failed in any former contract with the County to perform work satisfactorily, either as to the character of the work, the fulfillment of the guarantee, or the time consumed in completing the work.
19. Reasonable grounds for supposing that any respondent is interested in more than one proposal/bid for the same item will be considered sufficient cause for rejection of all bids/proposals in which he is interested.
20. Unless otherwise specified the County reserves the right to award each item separately or on a lump sum basis, whichever is in the best interest of the County.
21. The County reserves the right to waive any minor discrepancies, reject any or all bids or proposals, and to purchase any part, all or none of the services, materials, supplies or equipment specified.
22. Failure of the respondent to sign the proposal or have the signature of any authorized representative or agent on the proposal IN THE SPACE PROVIDED will be cause for rejection of the bid. Signature must be written in ink.
23. Any respondent may withdraw their proposal response at any time before the time set for opening of the proposals. No proposals may be withdrawn without cause in the 60-day period after bids are opened.
24. It is mutually understood and agreed that if any time the Procurement Office shall be of the opinion that the contract or any part thereof is unnecessarily delayed or that the rate of progress or delivery is unsatisfactory, or that the contractor is willfully violating any of the conditions or covenants of the agreement, or is executing the same in bad faith, the Procurement Office shall have the power to notify the aforesaid contractor of the nature of the complaint. Notification shall constitute delivery of notice, or letter, to address given in proposal. If after three working days of notification the conditions are not corrected to the satisfaction of the Procurement Office, he shall thereupon have the power to take whatever action he may deem necessary to complete the work or delivery herein described, or any part thereof, and the expense thereof, so charged, shall be deducted from any paid by the County out of such monies as may become due to the said contractor, under and by virtue of this agreement. In case such expense shall exceed the last said sum, then and in that event, the bondsman or the contractor, his executors, administrators, successors, or assigns, shall pay the amount of such excess to the County on notice by the Procurement Office of the excess due.
25. If the respondent proposes to furnish any item of a foreign make or product, he should write “Foreign” together with the name of the originating country opposite such item on proposal.
26. Any complaint from respondents relative to the Request for Proposals should be made prior to the time of opening of proposals, otherwise such complaint cannot be properly considered.
27. No vendor writing restrictive specifications for the County will be allowed to submit a response on the project.
28. Contracts may be cancelled by the County with or without cause with 30-day written notice. 29. Dougherty County has an equal opportunity purchasing policy. The County seeks to ensure that all
segments of the business community have access to supplying the goods and services needed by the County programs. The County affirmatively works to encourage utilization of minority business enterprises in our procurement activities. The County provides equal opportunities for all businesses and does not discriminate against any vendors regardless of race, color, religion, age, sex, national origin, or handicap.
30. All Corporations must provide the corporate seal and a copy of the Secretary of State’s Certificate of Incorporation upon request.
31. In the case of tie response proposals, proposal will be recommended or awarded by chance coin toss or drawing straws.
32. The contractor shall secure all permits, license certificates, inspections (permanent and temporary) and occupational tax certificate, if applicable, before any work can commence. Contractor as well as any and all known subcontractors must possess or will be required to obtain a City of Albany Occupational Tax Certificate or Registration.
33. Prior to submitting bid, check website at www.albanyga.gov or call the Procurement Office at 229-431-3211 for any subsequent addendums.
PROCUREMENT FORM – REVISED 8/18/2021
DOUGHERTY COUNTY, GEORGIA REQUEST FOR PROPOSALS Ref. #22-016
CONDITIONS, TERMS and SPECIAL INSTRUCTIONS I. BACKGROUND: Dougherty County and the City of Albany are seeking funds from the Economic Development Administration (EDA) to construct a multi-use trail approximately six miles long connecting the existing Albany downtown and Albany State University (ASU) trails to the Radium Springs trail. The proposed trail will run along the Flint River and falls on the lands that the Muscogee (Creek) Nation were forced to cede under the 1814 Treaty of Fort Jackson making it both lands of historic interest as well as treaty lands. Under the project scope of work the proposed trail links up with a "massive trailhead construction at the former Radium Springs Golf Course. The Radium Springs golf course sits on the top of a known tribal town and is an eligible site for the National Register of Historic Places (NRHP). Since the project location is an eligible site and appears to be impacted, more information is needed regarding the project since the trailhead will have negative impacts to an eligible site. The City of Albany itself, sits on top of a known tribal town and the space between these two former tribal towns are almost the precise route of the proposed trail. According to GNAHRGIS a pedestrian survey was conducted in 1997, but the survey does not meet Georgia standards for a Phase I Cultural Resources Survey, so a new survey needs to be conducted to ensure that no cultural resources are impacted. Dougherty County is also seeking funding from the FEMA through the Georgia Emergency Management Agency (GEMA) for Hazard Mitigation Grant Program (HMGP). However, the proposed acquisition and demolition for the following homes has been determined to be an adverse effect to historic properties in accordance with 36 CFR 800.5(d)(2): 2407, 2505, and 2510 Hibiscus Road, 912 Eleventh Avenue, 1614 Pecan Lane, and 322 Azalea Boulevard. To resolve this adverse effect as per the executed Georgia Statewide Programmatic Agreement, the following treatment measures have been agreed upon through consultation with the State Historic Preservation Office: Recordation – Digital Photography Package: Prior to project implementation, the designated responsible party shall oversee the successful delivery of a digital photography package prepared to meet the secretary of interior (SOI) professional qualifications for Architectural History and shall complete a permanent archival record (PAR) for 2407 Hibiscus Road, 2505 and 2510 Hibiscus Road, 912 Eleventh Avenue, 1614 Pecan Lane, and 322 Azalea Boulevard. The digital photography package will meet the standards cited in the Georgia Guidelines for Establishing a Photographic Permanent Archival Record (found here: https://www.dca.ga.gov/sites/default/files/parguidelines2020.pdf Historic Property Inventory: A qualified architectural historian or historian meeting the SOI Qualification Standards (36 CFR §61) shall conduct a cultural resource survey (CRS) of the Red Bud Road Residential historic district and Holly Drive and Hibiscus Road Residential historic district.
II. SCOPE OF SERVICES: All work shall meet or exceed the Georgia Standards and Guidelines for Archaeological Surveys, 2014 (Attachment A) and the Georgia Guidelines for Establishing a Photographic Permanent Archival Record (Attachment B). Quotes are being requested from consultants with a strong record and background in successfully completing a Phase I Cultural Resources Survey. The survey will provide adequate information on the area’s historic and cultural resources to satisfy the documentation required for funding. All project products must be reviewed and approved by the Georgia Historic Preservation Division (HPD). Phase I Cultural Resource Assessment: the consultant will be asked to complete a professional cultural resources assessment survey for the two referenced projects in accordance with the Georgia Standards and Guidelines for Archaeological Survey, the National Historic Preservation Act of 1966, and the Archaeological and Historic Preservation Act of 1974 as amended. All work must be performed under the direction of an RPA-registered professional archaeologist and an architectural historian who meet the Secretary of the Interior’s Professional Qualification Standards. Background research includes an archaeological literature review of Georgia’s Natural Archaeological and Historic Resources GIS (GNAHRGIS), historic map and document research, environmental review, and a site predictive model. The consultant will develop a field survey to identify historic structures within the project area, a literature review of available existing reports, inventories, and other data on the area of potential effect (APE). The survey will involve a site inspection of each property in the APE that is 50 years old or older and an assessment of effects (AOE) on all structures currently listed on the National Register of Historic Places (NRHP). The survey will be conducted within the APE to identify and document architectural resources. The survey and documentation will comply with the standard field, inventory, and digital photography policies and procedures of the Georgia Historic Preservation Division. The Photographic Permanent Archival Record (PAR) will need to be completed for the two reference projects. The PAR must be completed according to the Georgia Guidelines for Establishing a Photographic Permanent Archival Record (revised February 2020). The successful firm will have professional staff with the educational background to complete the project and related experience on similar types of projects. In addition, the consultant must have demonstrated an interest in the project, convey an understanding of the requirements of the effort, provide references, and work within the schedule and budget. The successful firm should possess background and skills with Historic Preservation projects. III. QUALIFICATIONS: The successful contractor shall demonstrate previous experience in conducting professional archaeological studies in historic districts. Individual members of the field survey team should meet or exceed Department of Interior standards for professional archaeologists (National Park Service 1983). The minimum professional qualifications in archaeology are a graduate degree in archaeology, anthropology, or closely related field plus the following:
1. At least one (1) year of full-time, professional experience or equivalent specialized training in archeological research, administration, or management;
2. At least four (4) months of supervised field and analytic experience in general North American
archaeology; and 3. Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one (1) year of full-time, professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one (1) year of full-time, professional experience at a supervisory level in the study of archeological resources of the historic period. IV. RESPONSE CONTENTS: 1. A brief overview of company, length of time in business, and location of office(s), including contact
person for this RFP. 2. Describe firm’s experience in archaeology including ability to meet completion schedules and
performance standards. 3. Detail which staff/subcontractor will be assigned to this project and in what capacity, including
qualifications. All team members must meet or exceed the appropriate Secretary of the Interior’s Professional Qualification Standards (48 FR 44716).
4. Include name, address and telephone number of 3 (three) project references of similar project completed. Give a brief description of each project scope including size and nature of work.
5. Describe previous experiences (if any) any challenges you experienced, and how you overcame these obstacles.
6. Describe proposed methodology to accomplish the required tasks as outlined in the scope of work. Include the organization and management plan for this project.
7. If firm plans to use subcontractors explain their roles in carrying out this project and provide detailed information on each.
8. Work schedule including estimated timeframe to complete the project, including an estimated survey time per hazardous stump/root ball.
9. Statement of proposed Minority and Women owned Business Participation. 10. Each Proposer must submit fees in a separate envelope. 11. Other submittals as requested herein. V. SUBMITTAL: One (1) original, (1) PDF, and three (3) copies should be submitted to:
CITY OF ALBANY PROCUREMENT DIVISION
222 PINE AVENUE, SUITE 260 ALBANY, GEORGIA 31701 PHONE: (229) 431-3211
Proposals should be clearly marked on the outside as "RFP No. 22-016– Archaeological Services – Cultural Survey and PAR
The mailing address is P.O. Box 447, Albany, Georgia 31702, however, the City of Albany assumes no responsibility for submittals received after the advertised deadline or at any office or location other than that specified herein, whether due to mail delays, courier mistake, mishandling, or any other reason. The submittal must be signed by an official authorized to bind the offeror. Any submittal received after the stated time and date will not be considered and will be returned unopened to the firm. The City of Albany reserves the right to accept or reject any and all responses and to waive technicalities as deemed to be in the best interest of the City of Albany. The City of Albany reserves the right to request additional information from a respondent(s) as deemed necessary to analyze responses. Proposer should list all components/disciplines required to successfully complete this project indicating the firm and/or individuals responsible and the percentage worth of that component/discipline to the entire project. (Example: Design - ABC Company - 70%) Proposal should address all items included in the EVALUATION CRITERIA section below. Past performance on similar projects should be documented by references and other means. References should include name of contact and phone number, and should be current. The scope of work, the elements and tasks therein and the method of accomplishment shall be outlined in the proposal. Successful proposer shall provide a contract covering all the terms and conditions of this request and those agreed to in the negotiation. A sample contract should be attached to the proposal. VI. INSTRUCTIONS TO PROPOSERS:
1. Certification regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion The contractor certifies, by submission of this proposal or acceptance of a contract, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State, Federal department, or agency. It further agrees by submitting this qualification statement that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation.
2. Proposers must have been in business under the present company name for a minimum of one (1)
year. The Principals of the present company shall not have been declared in default on any construction contract under any other name within the last five (5) years. Project Manager must have at least five (5) years of experience as Project Manager on projects of similar scope and complexity.
3. The successful Contractor will be required to provide the Secretary of States Certification of
Incorporation prior to award of contract. 4. Georgia Security & Immigration Compliance Act: The successful contractor will provide
certification that they are in compliance with the Georgia Security and Immigration Compliance Act, certifying that the provisions of GA Law, O.C.G.A 13-10-91, Chapter 300-10-1, per the Georgia Department of Labor, if applicable, have been complied with in full. Pursuant to O.C.G.A 13-10-90(2), all subcontractors entering into a contract or agreement for hire on this Project must be registered and participate in the Federal Work Authorization Program.
5. Certificate of Non-Collusion: An executed copy of this form should accompany your submittal. (See Attached).
6. Governing Law & Venue: An executed copy of this form should accompany your submittal. (See
Attached). 7. Indemnity: An executed copy of this form should accompany your submittal. (See Attached). 8. The contract resulting from acceptance of a proposal by the City shall be in a form supplied or
approved by the City, and shall reflect the specifications in this RFP. The City reserves the right to reject any proposed agreement or contract that does not conform to the specifications contained in the RFP.
9. Lobbying: All firms and their agents who intend to, or have submitted responses to this
solicitation are hereby placed on formal notice that lobbying of City of Albany Government employees or members of the Evaluation Committee with the intent to manipulate the Procurement process may result in the immediate disqualification of such firm by the City from further consideration for this project.
10. Any proposal may be withdrawn up until the date and time set for opening of the proposals. Any
proposal not so timely withdrawn shall constitute an irrevocable offer, for a period of sixty (60) days or until one of the proposals has been approved by the City Commission, whichever occurs first, to sell to the City the services described in this RFQ.
11. By submitting a proposal, the Contractor certifies that it has read and understands this Request for
Proposals and has full knowledge and willingness to comply with the scope, nature, quantity and quality of the work to be performed, the detailed requirements of the services to be provided and the conditions under which the services are to be performed.
12. Termination for Convenience: This contract may be terminated in whole or in part by the City
of Albany with the consent of the contractor in which case the two parties shall agree upon the termination conditions, including the effective date in the case of partial termination, the portion to be terminated or by the contractor upon written notification to the City of Albany setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if in the case of partial termination, the City of Albany determines that the remaining portion of the award will not accomplish the purposes for which the contract was awarded, the City of Albany may terminate the contract in its entirety.
13. Termination for Cause: In the event that the contractor shall for any reason or through any
cause be in default of the terms, conditions, or obligations of the contract documents, the City may give the contractor written notice of such default and terminate the contract. All terms, conditions, and obligations of the contract documents are considered material. The City may, in its discretion, provide the contractor an opportunity to cure the default, if curable, prior to termination. Unless a different duration is provided in the notice of default, the contractor shall have fourteen (14) calendar days to cure the default from the date such notice is mailed to the contractor, unless notification is by facsimile or personal delivery, in which case the opportunity to cure shall commence upon delivery of the notice. Upon failure of the contractor to cure the default the City may immediately terminate the contract effective as of the mailing or delivery of the default notice. If the City terminates the contract, the contractor shall remain liable for performance of all terms, conditions, and obligations through the date of termination. Termination by the City shall not constitute a waiver by the City of any other rights or remedies available to the City by law or contract.
14. Excusable Delay: The Contractor shall not be liable for any excess costs, if the failure to perform
the contract arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule.
15. Offeror Responsibility: Each offeror shall fully acquaint himself with conditions relating to the
scope and restrictions attending the execution of the work under the conditions of this proposal. It is expected that this will sometimes require on-site observation. The failure or omission of an offeror to acquaint himself with existing conditions shall in no way relieve him of any obligation with respect to this proposal or to the contract.
16. Affirmative Action: The Contractor will take affirmative action in complying with all Federal and
State requirements concerning fair employment and employment of the handicapped and concerning the treatment of all employees, without regard or discrimination by reason of race, religion, sex, national origin, or physical handicap.
17. Prime Contractor Responsibilities: The Contractor will be required to assume sole
responsibility for the complete effort, as required by this RFP. The City will consider the Contractor to be the sole point of contact with regard to contractual matters.
18. Subcontracting: If any part of the work covered by this RFP is to be subcontracted, the
Contractor shall identify the subcontracting organization and the contractual arrangements made with same. All subcontractors must be approved, in writing by the City. The successful offeror will also furnish the corporate or company name and the names of the officers of any subcontractors engaged by the vendor. The City reserves the right to reject any or all subcontractors and require substitution of a firm qualified to participate in the work as specified herein.
19. Ownership of Material: Ownership of all data, material, and documentation originated and
prepared for the City pursuant to this contract shall belong exclusively to the City. 20. Insurance: Contractor shall maintain insurance with companies licensed to do business in the
State of Georgia acceptable to the Dougherty County for the protection of Dougherty County and name it as an additional insured, against all claims, losses, costs or expenses arising out of injuries or death of persons whether or not employed by consultant, whether arising from the acts or omission, negligence or otherwise of consultant or any of its agents, employees, patrons, or other persons, and growing out of work being done by Contractor on behalf of Dougherty County, such policies to provide for a liability limit on account of each accident resulting in the bodily injury or death of not less than One Million ($1,000,000) Dollars, a liability limit of not less than One Million ($1,000,000) Dollars for each accident for property damage. Contractor shall also carry product liability insurance for personal injuries and/or death in the amount not less than One Million ($1,000,000) Dollars for any one person. Consultant shall maintain a combined single liability limit of One Million ($1,000,000) Dollars, covering owned, non-owned, leased, and hired vehicles and name the City of Albany as an additional insured. Contractor shall maintain professional liability
covering errors and omissions of not less than One Million ($1,000,000) Dollars, per claim covering itself and all of its employees and agents, and shall indemnify and hold harmless the Dougherty County and their representatives and employees, from any claims, demands, actions, and causes for actions arising from any negligent act or omission under the terms of the contract. Contractor shall furnish to the Dougherty County satisfactory evidence that it carries Worker’s Compensation Insurance in the statutory limits of Georgia and Employers’ Liability with limits of liability of no less than One Hundred Thousand ($100,000) Dollars of each accident/disease. These polices must also contain a waiver of subrogation in favor of the Dougherty County Board of Commissioners.
Contractor shall furnish evidence of the continuance in force of said policies by providing copies of timely declaration page(s) to the Procurement Agent. Acceptable proofs of insurance: (i) a Certificate of Insurance with Additional Insured Endorsements (a Certificate of Insurance by itself is not acceptable) or (ii) Declaration Pages of the insurance policies which show the Dougherty County Board of Commissioners as additional insured. The Certificate of Insurance must provide the project name and our project number on all certificates; where the Project requires Contractor’s Pollution Legal Liability coverage or Contractor’s Professional E & O coverage, per project coverage would be allowed. All insurance policies must provide that the Dougherty County Board of Commissioners will be notified within 30 days of any changes, restrictions, and/or cancellation. The Dougherty County sole judgment shall control as to the sufficiency of the coverage.
SUBMIT WITH RESPONSE, specimen copy of Certificate of Insurance. Upon award of contract and prior to commencement of work under this contract, the selected consultant(s) shall provide the Dougherty County Board of Commissioners with acceptable proofs of insurance coverage.
21. Contract will be awarded to the best proposer in the manner that best benefits the Dougherty
County Board of Commissioners. VII. SELECTION PROCESS: A Proposal Analysis Group (PAG) will review all responses submitted in reference to this RFP. Based upon the background information reported in the response, the review committee will determine whether the proposer is qualified or unqualified. Any or all of the firm(s) may be requested to expand on their response and/or make a formal presentation. VIII. EVALUATION CRITERIA: The following criteria will be used in selecting the successful proposer: Responsiveness to RFP – 10 points Comprehensiveness of proposal Completeness of proposal Qualifications and Experience of Staff– 30 points Experience with similar sized cities/public entities Staff qualifications and subject knowledge of Scope of Work Evidence of experience and skill required by Scope of Work Evidence of availability to deliver in the timeline
Firm Qualification and Experience – 20 points Provide examples of at least (3) similar survey projects, preferably in the State of Georgia Demonstrate understanding of Georgia Historic Preservation Division survey requirements and regulations Provide at least three references Specific Survey Approach – 20 points Outline the specific approach and timeline for carrying out the required scope of service Minority and Women Owned Business – 5 points Price – 15 points Proposers are to provide an hourly rate schedule for all principals and personnel who will be providing the requested services. The rates background, and a list of current and past projects.
COMPLETE AND SUBMIT
INDEMNITY AGREEMENT
This indemnity agreement made and entered into in favor of CITY OF ALBANY (“ALBANY”), a municipal corporation, by _______________________.
WHEREAS, ______________________________ has submitted a bid to ALBANY so as to provide _______________________.
NOW, THEREFORE, as an additional consideration in ALBANY awarding the bid to __________________.
_________________________ agrees to indemnify and hold harmless ALBANY, its agents, principals, officers, and employees, their successors and assigns, individually and collectively, with respect to all claims, demands or liability for any injuries to any person (including death) or damage to any property arising out of any alleged negligence of ALBANY, its officers, agents, or employees in connection with said bid /award; provided this indemnity shall not extend
to any damage, injury or loss due to ALBANY’s sole negligence or willful misconduct of ALBANY. _______________________ shall defend against all such claims and pay expenses of such defense, including reasonable attorney fees, and all judgments based thereon.
WITNESS THE HAND AND SEAL of the _______________ pursuant to proper corporate authority ____ day of _________, 2021.
[CORPORATE NAME]
By: Title Attest: Title
[Affix Corporate Seal]
* COMPLETE AND SUBMIT GOVERNING LAW AND VENUE Contractor agrees that as to any actions or proceedings arising out or related to this agreement, any such proceedings shall be governed and determined by Georgia Law.
Contractor further agrees that as to any actions or proceedings arising out of or related to this agreement, any such action or proceeding shall be resolved only in an appropriate court located in Dougherty County, Georgia. DATE: _____________________ COMPANY NAME: __________________________________________ AUTHORIZED REPRESENTATIVE NAME: ________________________________________ TITLE: ________________________________________ SIGNATURE: ___________________________________
[Printed]
* COMPLETE AND SUBMIT CERTIFICATION OF NON-COLLUSION The bidder being sworn, disposes and says, _____________________________________ ________________________________________________________________________ The Contractor submitting this and its agents, officers or employees have not directly or indirectly entered into any agreements, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this bid. DATE: _____________________ COMPANY NAME: __________________________________________ AUTHORIZED REPRESENTATIVE NAME: ________________________________________ TITLE: ________________________________________ SIGNATURE: ___________________________________
[Printed]
* COMPLETE AND SUBMIT DEBARRED BIDDERS/ INTEGRITY CERTIFICATION
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (49 CFR, Part 29): The Contractor must certify that neither it nor its principals are presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Further, the Contractor certifies that he or she shall obtain an identical certification from all its sub-contractors. The Contractor also agrees that when a sub-contractor is unable to certify to any of the statements in this certification, the prospective participant shall submit an explanation to the Contractor. DATE: _____________________ COMPANY NAME: __________________________________________ AUTHORIZED REPRESENTATIVE NAME: ________________________________________ TITLE: ________________________________________ SIGNATURE: ___________________________________
[Printed]
GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT
Contractor’s Name:
Address:
Solicitation/Contract No.:
Solicitation /Contract Name:
CONTRACTOR AFFIDAVIT
I understand that the City of Albany may not enter into a contract with ___________________________________ (Name of Corporation) unless it has registered and does participate in the Federal Work Authorization Program defined in O.C.G.A. § 13-10-90(2), to-wit” (2) “Federal work authorization program” means any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603.
By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, entity or corporation which is engaged in the physical performance of services on behalf of the City of Albany has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.
Furthermore, the undersigned Contractor will continue to use the federal work authorization program throughout the contract period and the undersigned Contractor will contract for the physical performance of services in satisfaction of such contract only with sub-Contractors who present an affidavit to the Contractor with the information required by O.C.G.A. § 13- 10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:
Federal Work Authorization User Identification No. Date of Authorization (EEV/E-Verify Company Identification Number)
Name of Contractor
I hereby declare under penalty of perjury that the foregoing is true and correct.
Printed Name (of Authorized Officer or Agent of Contractor) Title (of Authorized Officer or Agent
Contractor)
Signature (of Authorized Officer or Agent) Date Signed SUBSCRIBED AND SWORN BEFORE ME ON
[NOTARY SEAL]
Notary Public My Commission Expires: Approved 10/23/2020
1
GEORGIA STANDARDS AND GUIDELINES FOR ARCHAEOLOGICAL SURVEYS (2014) Attachment A
Description: GEORGIA STANDARDS AND GUIDELINES FOR ARCHAEOLOGICAL SURVEYS Georgia
Council of Professional Archaeologists Whereas, the Georgia Council of Professional
Archaeologists ...
GEORGIA STANDARDS AND GUIDELINES FOR ARCHAEOLOGICAL SURVEYS Georgia Council of
Professional Archaeologists Whereas, the Georgia Council of Professional Archaeologists was
organized in 1988 as a body of archaeologists who practiced their profession in the State of
Georgia and were concerned with the State of Archaeology in Georgia, these proposed
standards are intended to improve the state of Archaeology in this State. Acknowledgments:
The Georgia Council of Professional Archaeologists (GCPA) would like to recognize our col-
leagues in South Carolina, including the Council of South Carolina Professional Archaeologists,
whose recently published standards offered a useful template as this document was developed.
Thanks go to the members of the Research Standards Committee, as appointed by the GCPA.
Committee Members include Rob Benson, Paul Brockington, Jr., Daniel T. Elliott, Patrick H.
Garrow, Connie Huddleston, Thomas Neumann, William Stanyard, and Brian Thomas.
2
TABLE OF CONTENTS
I. INTRODUCTION
A. Definitions
B. Federal Legislation
C. State and Local Legislation
II. PERSONNEL QUALIFICATIONS
A. Principal Investigator
B. Project Archaeologist/Field Director
C. Report Authors
III. FIELDWORK STANDARDS FOR ARCHAEOLOGICAL SURVEY
A. Introduction
B. Preliminary Literature Review and Records Search
C. Archival Research for Evaluation (Phase II Testing) and Data Recovery (Phase III)
Projects
D. Field Methods for Archaeological Survey
E. Field Methods for Evaluative Testing
IV. ARTIFACT PROCESSING, DATA ANALYSIS, AND CURATION
C. Analysis
D. Conservation and Curation
V. REPORTING RESULTS
A. Report Content
VI. BIBLIOGRAPHY
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I. INTRODUCTION
This document presents the recommended minimum guidelines and standards for all
archaeological surveys conducted in Georgia. These recommendations apply to projects in
which practitioners are obligated to make a reasonable and good faith effort to identify
archaeological sites that may be located in a given tract of land or project area. Although this
document is designed to provide guidance for archaeological surveys, it does not address the
specific needs for survey of submerged or urban sites. The purpose of these guidelines is to
encourage consistent, high-quality archaeological practice in the State of Georgia. They can be
used by practitioners as a basis for developing project-specific research designs and by
regulators as a means of evaluating work. The overriding goal is to protect the archaeological
record by encouraging the use of rigorous, project-appropriate methods among all
archaeological professionals. For background on the development of survey standards and
methods in Georgia, refer to Elliott (2000).
A. Definitions
The following definitions are provided to ensure a common understanding of the terms
and concepts used in this document. Some of the definitions are taken directly from
cultural resource legislation and regulations. Others have been agreed upon by the
Georgia Council of Professional Archaeologists.
1. Area of Potential Effects - The area of potential effects is defined as “the geographic
area or areas within which an under-taking may directly or indirectly cause changes
in the character or use of historic properties, if any such properties exist” (36 CFR
Part 800.16[d]). Examples of effect can be direct, indirect, cumulative, visual,
atmospheric, audible, beneficial, or adverse.
2. Archaeological Site - An archaeological site is a concentration of artifacts, ecofacts,
or modifications to the landscape that are associated with past human activity and
retain their context. An archaeological site must be at least 50 years old, and is
characterized by any of the following criteria:
• An area yielding three or more artifacts from the same broad cultural period
(i.e., historic or prehistoric) on the surface within a 30-m radius;
• A shovel test that produces two or more artifacts from the same broad
cultural period, as long as the artifacts cannot be fitted together (i.e., they
are not two pieces of the same artifact);
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• A shovel test that produces one artifact and at least one surface artifact from
the same broad cultural period within a 20-m radius from that shovel test;
• An area with visible or historically recorded cultural features (e.g., shell
midden, cemetery, rock shelter, chimney fall, brick walls, piers, earthwork,
etc.).
3. Archaeological Survey - Archaeological survey, often referred to as a Phase I or
intensive survey, is a systematic, detailed examination of an area designed to gather
information about archaeological sites. The goal of an archaeological survey is to
identify all archaeological sites within the area of potential effects. For surveys done
for compliance with state or federal regulations, an additional goal of the survey is
to evaluate those archaeological sites against the criteria for inclusion in the
National Register of Historic Places (NRHP), in accordance with 36 CFR Part 60.
4. Data Recovery (Phase III) - Data recovery, often referred to as Phase III, is a term
used in a Cultural Resource Management context to describe excavation (usually
partial) of a site to retrieve important from the site before it is impacted or
destroyed by an undertaking. When an agency’s proposed action will cause an
adverse effect to a site included in or eligible for inclusion in the NRHP, the agency
consults with the State Historic Preservation Officer (SHPO) to seek agreement,
usually through a Memorandum of Agreement (MOA), on ways to avoid, minimize,
or mitigate the adverse effect to the site. Data recovery is one possible alternative
for such mitigation, although it is considered an adverse effect to the site, since
excavation is a destructive activity. Before data recovery is carried out, a data
recovery plan must be developed and approved by the agency, the SHPO, and other
involved parties. For further guidance in developing a data recovery plan, see
Treatment of Archaeological Properties: A Handbook (Advisory Council on Historic
Preservation 1980) and Consulting about Archaeology under Section 106 (Advisory
Council on Historic Preservation 1990). See also the Advisory Council on Historic
Preservation’s “Recommended Approach for Consultation on Recovery of Significant
Information From Archaeological Sites,” in the Federal Register (65(95):27085–
27087), which contains a model MOA.
5. Evaluation (Phase II Testing) - Evaluation, or Phase II testing, is the process of
determining whether identified properties meet defined criteria for inclusion on the
NRHP, as set forth in 36 CFR Part 60.4. Phase II testing is warranted when a site has
been identified that may be eligible for the NRHP, but not enough is known about it
to make a recommendation about its eligibility.
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6. Isolated Find - An isolated find is defined as no more than two historic or prehistoric
artifacts found within a 30-meter radius. Isolated finds are, by definition, not
considered eligible for listing on the NRHP. For cases where an isolated find is
unique, and potentially may be considered eligible for inclusion in the NRHP, it
should be defined as a site. Deposits of cultural artifacts that have no integrity, such
as road fill, stream gravels, or other situations where artifacts clearly are re-
deposited, also should be considered isolated finds.
7. Reconnaissance Survey - A reconnaissance survey is defined as “an examination of
all or part of an area accomplished insufficient detail to make generalizations about
the types and distributions of historic properties that may be present” (Federal
Register 48:44739). Both predictive models and “landform surveys” are considered
to be specific types of reconnaissance survey. A reconnaissance is not a substitute
for archaeological survey. Reconnaissance surveys are most appropriately used to
develop a historic context. They are also useful when there are multiple alternatives
for a project location, or when it is necessary to assess the archaeological potential
of areas that will not be immediately affected or subject to Section 106
requirements (see discussion of Section 106 in Section B below). The results of a
reconnaissance survey can provide an estimate of the number and types of historic
properties expected in a particular area. Reconnaissance findings also can guide
management decisions based on an area’s sensitivity relative to historic
preservation. Areas surveyed in this manner often require a more intensive,
archaeological survey or evaluation if additional in-formation is needed about
specific properties (e.g., NRHP eligibility decisions) or when a project location is
finalized.
B. Federal Legislation
Most archaeological surveys conducted in Georgia are done to comply with the National
Historic Preservation Act (NHPA) of 1966, as amended through 1992. Section 106 of the
NHPA requires federal agencies to review the effect their actions may have on
archaeological sites and other historic properties that are listed in or eligible for the
NRHP. Review procedures are referred to as “the Section 106 process” and are set forth
in the recent regulations issued by the Advisory Council on Historic Preservation (36 CFR
800), as amended on January 11, 2001. This process is designed to identify historic
properties (including archaeological sites) that are eligible for listing on the NRHP, and
to reduce the adverse effects of federal projects on those properties. Federal projects
include those projects that use federal money or require federal permits (e.g., a U.S.
6
Army Corps of Engineers permit under Section 404 of the Clean Water Act). Emphasis is
placed on consultation with the SHPO and interested parties, including (but not limited
to) Native American groups. Archaeological surveys may be done to comply with other
federal laws or mandates, such as Section 110 of the NHPA or the National
Environmental Policy Act of 1969. Regardless of the mandate, the standards and
methods outlined in this document are applicable.
C. State and Local Legislation
Although Georgia currently has no single, over-arching law to protect state or local
cultural resources, it does have several laws that protect archaeological sites in
particular situations (e.g., Georgia Environmental Policy Act). The guidelines presented
in this document also are designed to satisfy the requirements for archaeological survey
under state and local laws.
II. PERSONNEL QUALIFICATIONS
Archaeological projects require the services or input of professionals in archaeology and other
related disciplines. It is essential that archaeological surveys and evaluations be performed and
supervised by qualified professional personnel. Agencies, institutions, corporations,
associations, or individuals will be considered “qualified” when they meet the Secretary of the
Interior’s Professional Qualifications Standards (36 CFR 61 and Federal Register 48:44739).
The minimum professional qualifications for an archaeologist are a graduate degree in
archaeology, anthropology, or closely related field, plus:
• At least one (1) year of full-time professional experience or equivalent
specialized training in archaeological research, administration, or management;
• At least four (4) months of supervised field and analytic experience in general
North American archaeology; and
• Demonstrated ability to carry research to completion.
A. Principal Investigator
The Principal Investigator (PI) is the individual responsible for planning and investigating
cultural resources and for ensuring the validity of the material presented in cultural
resource reports. All archaeological investigations must be carried out under the
7
direction of the PI, who minimally will meet the qualifications as an Archaeologist
outlined by the Secretary of the Interior(above) and:
• Have at least one (1) year of full-time supervisory experience in the study of
related re- sources (e.g., historic archaeology, prehistoric archaeology or
underwater archaeology);
• Have at least six (6) months of archaeological experience in the southeastern
United States;
• Be certified by the Register of Professional Archaeologists.
B. Project Archaeologist/Field Director
If the PI is not directing the project in the field, field work should be supervised by a
Project Archaeologist/Field Director who meets the following minimal qualifications:
• Graduate training in archaeology (or equivalent);
• At least 12 months of fulltime archaeological experience/training in the
southeast; • Proven ability to complete satisfactory archaeological fieldwork.
C. Report Authors
Among the report author(s) should be the individual(s) who supervised the bulk of the
fieldwork, whether they are PIs or Project Archaeologists/Field Directors. The report
author should be intimately familiar with the tracts that are being surveyed and the
cultural resources they contain.
III. FIELDWORK STANDARDS FOR ARCHAEOLOGICAL SURVEY
A. Introduction
The following guidelines describe suggested methods, staffing, and minimum levels of
effort for various aspects of archaeological survey in Georgia. They are based on a
working knowledge of Georgia’s archaeological resources and environments. These
guidelines are specifically useful to field archaeologists, agency personnel, and the
contracting agent (as appropriate). They can be used as a yardstick to ensure
compliance with federal and state regulations, comparability of re-search results, and
evaluation of research designs and project reports.
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B. Preliminary Literature Review and Records Search
All archaeological studies (whether reconnaissance, archaeological survey, Phase II
testing, or Phase III data recovery) should be preceded by a literature review and
records search. This search will include a review of the Georgia Archaeological Site File
to identify previously recorded sites in and near the project area, as well as other
sources to provide the prehistoric and historic context for the study. Researchers should
examine pertinent holdings in some or all of the following institutions:
1. Georgia Archaeological Site File
The Georgia Archaeological Site File (GASF) at the Laboratory of Archaeology,
University of Georgia in Athens, is the official repository for information about
known archaeological sites of all periods in the state of Georgia. The electronic site
file data are available on CD ROM, up-dated periodically. Other information is
available in paper records, topographic maps, and other files. Other records
concerning archaeological sites in Georgia also are housed at South Georgia College
in Douglas. Previous site files were kept by the Anthropology departments at
Georgia State University, Atlanta, and West Georgia College, Carrollton. The Site
Files currently charges a one-time fee per project for professional archaeologists to
access the site files ($175 as of October 2000).
2. Historic Preservation Division
The Historic Preservation Division (HPD), Georgia Department of Natural Resources,
maintains a library of archaeological assessment reports and NRHP files on
archaeological sites nominated for or listed on the NRHP. Although the NRHP listing
is available in published and electronic form, these lists only include those sites
already listed and not properties whose eligibility has been determined or whose
listing may be pending.
3. Georgia Department of Archives and History
The Georgia Department of Archives and History and the Surveyor General’s Office
in Atlanta contain a wealth of historical information about the state. These sources
include original deeds, plats, photographs, and maps, and copies of courthouse
records from every county in Georgia. Robert S. Davis, Jr. (1991) published a useful
9
guide for conducting historical research in Georgia, which details the records that
have survived for each county.
4. University of Georgia Libraries
The libraries in the university system of Georgia house a variety of documents that
are useful in locating archaeological sites. U.S. Department of Agriculture (USDA)
aerial photographs from the early to mid-twentieth century are available for most
sections of the state. Copies of these photographs and index sheets are available to
researchers at the Science Library’s Map Collection at the University of Georgia in
Athens. These photographs are a ready source of information on early twentieth
century house and farmstead locations, as well as a source of information on
previous land use (areas in cultivation, timber, road routes). The same Map
Collection contains early soil survey maps, obsolete county road maps, and early
topographic maps that often show the location of buildings, houses, and other
structures. Enlargements of most of the soil survey photographs can be obtained
from the federal government for a fee. Other early maps of Georgia are contained in
the Hargrett Rare Book and Manuscript Collection at the University of Georgia
Library. Many rare maps are available as online as digitized computer files on the
Internet (web address:
http://scarlett.libs.uga.edu/darchive/hargrett/maps/maps.html). A list of available
aerial photographs, by county, and other cartographic images at the University of
Georgia’s Map Library also is available online (web address:
http://www.libs.uga.edu/maproom/ahtml/mchpiout.html).
Researchers on urban areas of the state should consult the available Sanborn Fire
Insurance Maps. The Map Library at the University of Georgia has the most
comprehensive collection of Sanborn maps in the state, but others can be obtained
for a fee from Environmental Data Re-sources (web address:
http://www.edrnet.com).
5. Other Resources Other institutions or resources that can be consulted include:
• Regional Development Commission (Historic Preservationist)
• County Historical Societies, Local Historians, Local Museums, and Local
Libraries
• County Courthouses and Agencies
• Georgia Historical Society, Savannah;
• Archives and Museums in Other States
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• Federal Archives (Southeastern Archaeological Center, Tallahassee)
• National Archives (East Point Regional Branch)
• Smithsonian Institution
C. Archival Research for Evaluation (Phase II Testing) and Data Recovery (Phase III) Projects
In addition to the literature search and archival research necessary for a Phase I survey,
additional historical information may be required for site evaluation (Phase II testing)
and data recovery (Phase III) projects. Phase II testing of historic sites should include a
title search for historic sites. For Data Recovery of historic sites, additional historical
research may include:
• Census data, such as Agricultural, Population, and Industrial Censuses.
• Slave Schedules.
• Family papers, wills, probate inventories, daybooks, etc.
• Informant interviews (particularly for early 20th century sites).
• Tax Records.
D. Field Methods for Archaeological Survey
During an archaeological survey, all land within the project boundaries requires
inspection. A preliminary inspection of the project area and review of documentary
records may allow investigators to stratify the project area into three general
categories:
• Indeterminate Probability: Areas that are permanently or seasonally inundated;
tidal areas; and active floodplains (or other active depositional environments)
where deposits are so deep that finding sites using conventional methods is
unlikely.
• Low Probability: Areas with slopes greater than 10 percent; areas of very poorly
drained soil (as determined by subsurface inspection); and areas that have been
previously disturbed to such a degree that archaeological materials, if present,
are no longer in context. Documentation of disturbance can include recent aerial
photographs, ground views, or maps showing the disturbance (e.g., recent
construction). However, surveyors should be aware of small landforms with high
site potential within areas that otherwise are characterized by 10 percent or
greater slope.
• High Probability: Areas that do not meet any of the foregoing criteria.
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Archaeologists should not omit parcels from an archaeological survey simply because
they have been classified as “poorly drained” by the USDA Soil Conservation Service,
and areas should not be automatically excluded because of plowing or forestry
activities. Similarly, areas depicted as wetlands or slopes on USGS maps should be
examined on the ground to determine their suit-ability for survey.
1. Survey Strategy for Indeterminate Probability Areas
An alternative method of fieldwork may be necessary in areas of indeterminate
probability (e.g., deep testing with a backhoe or auger). Such work should, whenever
possible, rely on guidance from a professional geomorphologist who can assess the
potential for deeply buried cultural de-posits within a given tract. Because it is
difficult to apply standard archaeological survey methods to an entire tract with the
potential for deeply buried sites, monitoring of such areas may be necessary during
the undertaking to ensure that no sites are destroyed.
2. Survey Strategy for Low Probability Areas
Field investigation of low probability areas should include a surface inspection of all
areas where the slope is greater than 10 percent, such as rock shelters, caves, mines,
quarries, and/or petro-glyphs. In disturbed areas or in areas where the soil is very
poorly drained, subsurface inspection (i.e., shovel testing, coring, or augering) may
be used to verify soil conditions at intervals no greater than 100 meters.
3. Survey Strategy for High Probability Areas
Generally, survey of high probability areas should follow these guidelines:
a) Pedestrian Survey Pedestrian survey (i.e., visual inspection of the ground
surface) can be used with different subsurface survey methods, as follows:
• Pedestrian survey may be used with 90-meter or less interval shovel tests
in areas where surface visibility exceeds 25 percent. Highly eroded areas,
where subsoil is visible at or just below the surface, and recently plowed
fields are the most common instances where such high visibility exists. The
archaeologist’s judgment concerning visibility is especially critical in fallow
or dry fields, where close-interval (30 m) sub- surface testing will often be
necessary.
• If an area has greater than 25 percent surface visibility, but is in a dynamic
depositional environment (e.g., the foot of a slope or adjacent to an
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aggrading waterway), then 30-meter interval subsurface testing is
recommended.
• In general, pedestrian survey should be systematic. The maximum interval
between surveyors should not normally exceed 30 meters.
• When pedestrian survey locates a site, subsurface testing will be necessary
to deter- mine the site’s stratigraphy, assess artifact density, and help to
determine boundaries.
b) Subsurface Survey
In most instances, some type of subsurface investigation will be necessary to
discover sites. Survey methods will depend on field conditions and the types of
sites anticipated. Under most conditions, shovel testing is the preferred
method.
• Shovel tests will be 30 × 30 cm or larger and placed at intervals no greater
than 30 meters. All fill should be screened through ¼-inch hardware cloth.
Tests are to be excavated to at least 80 cmbs (depth), or until impenetrable
substrate (i.e., bedrock or clay), a known sterile subsoil, or the water table
is reached.
• Mechanical topsoil stripping should not be used as a survey technique, in
most cases.
• Mechanical augers, while not recommended, can be used in areas that
have impregnable ground cover (e.g., urban areas with concrete, brick
rubble, etc.). They are to be placed at intervals not greater than 30 meters.
Fill should be screened. Auger tests should be documented in the same
manner as shovel tests.
• Mechanical deep testing (e.g., backhoe trenches or coring) may be
necessary in active depositional environments or in certain urban settings
where the ground surface is otherwise inaccessible. All deep testing should
comply with OSHA Standards for Excavation Safety (29 CFR 1926 Subpart P
and appendices).
Rigid adherence to systematic sampling at fixed intervals may fail to yield
optimal survey results, since fixed intervals may not uncover sites that would
have been located using a judgmental technique. Thus, a combination of
systematic and intuitive shovel testing is probably the most efficient method
for site discovery.
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4. Record Keeping
• The Principal Investigator or Project Archaeologist is responsible for maintaining
daily notes and transferring survey data to master project maps.
• Each shovel test or test unit location should be recorded, noting its location,
depth, soil profile, artifact yield, general conditions, and other pertinent
information. For sterile shovel tests not within site boundaries, information on
location and depth only are required. Each shovel test should be given a unique
field designation, and materials recovered from it are to be analyzed and
cataloged by discrete provenience.
• Photographs are to be taken of representative project environments and areas
where different survey strategies were used. Photographs also should be taken
of all sites identified during the survey.
5. Defining Sites During Archaeological Survey
When artifacts or features older than 50 years are discovered during field survey,
the investigator will establish whether the resource is a site or an isolated find (see
definitions in Section I-A). Site investigations should address physical integrity,
horizontal and vertical boundaries, and the quantity and type of cultural materials
present. The primary goal of recovering artifacts during an archaeological survey is
to collect information about the spatial extent of the site, the period during which it
was occupied, and what types of activities were carried out there. This goal should
guide the sampling and collection strategy employed, regardless of the specific
methods used to explore a site. Generally speaking, at least 60 meters should
separate two distinct sites.
a) Surface Collection
• At the survey level, a complete surface artifact collection should not
normally be made unless the site contains few artifacts, or is subject to
active looting or vandalism. If a surface collection is made, an appropriate
sampling method should be based on the investigator’s assessment of field
conditions as well as the type and density of visible artifacts. An
investigator’s collection strategy should be specified in field notes, for
example all diagnostics and a representative sample of other materials, or
measured dog-leash samples of every surface artifact in designated
locations, or a minimum number of each type of historic ceramic and glass
plus other diagnostic items.
14
• Surface visibility and topography alone do not sufficiently define a site.
Although a surface collection may help to define horizontal site limits, it
should be supplemented with subsurface testing, particularly when surface
visibility is discontinuous or variable. Subsurface testing also provides
information about stratigraphy, the vertical distribution of material, and
site integrity, which cannot be obtained from pedestrian survey alone.
b) Subsurface Testing
• Systematic subsurface testing, alone or in combination with surface
inspection, is necessary to establish both the horizontal and vertical extent
of a site.
• Site boundaries are to be established by excavating radial shovel tests in no
less than four directions. Thirty-meter interval shovel tests can be used to
establish the general boundaries, with two consecutive negative shovel
tests establishing the edge of the site. Thus, the interval between two
distinct sites will be at least 60 meters. A 10-meter testing interval along
each axis is recommended at the outer limits of the site to establish more
accurate boundaries. Site boundaries can be tentatively established when
at least two consecutive negative shovel tests are excavated using 10-
meter intervals.
c) Site Documentation and Demarcation
• A Georgia Archaeological Site Form should be completed for all sites found
within the project area. Only official site numbers can be reported in drafts
and final reports. If a site has been previously recorded, a revisit form will
be completed noting the cur- rent site conditions and any new information.
All site forms must be submitted to the Georgia Archaeological Site File
before completion of the final report.
• Site boundaries are to be accurately located on USGS 7.5' quadrangles and
a site sketch map. If possible, the boundaries (perimeter) and center of all
sites and un- documented cemeteries (i.e., those not located on USGS
topographic maps) should be recorded using a Global Positioning System
(GPS) receiver capable of 5-meter or better accuracy. For sites less than ¼
acre (1,000 m2) in size, a single set of coordinates taken at the site’s center
will suffice.
• Site sketch maps should depict the location of all positive and negative shovel
tests located within the site and used to define the site boundaries.
15
• Photographs of sites should be taken with archivally stable media (e.g., black
and whiteprint film).
E. Field Methods for Evaluative Testing
Sometimes it is impossible to make definitive site eligibility assessments using
archaeological survey methods. In this case, sites are considered potentially eligible for
inclusion in the NRHP, and additional site testing is usually necessary. Site testing
strategies should be designed to provide not only information about site eligibility, but
also information that will help in mitigation planning (if ultimately necessary). However,
site-testing methods should be designed to minimize destruction of the site. Evaluative
testing methods can include:
• Site Map and Permanent Datum: The site map should depict site boundaries,
datum, surface features, excavation units, and topography. An easy-to-relocate,
permanent datum should be established and clearly identified with the state site
number. The UTM of the datum should be established using a GPS unit with sub-
5 meter accuracy.
• Controlled Surface Collection: Where possible, a controlled surface collection can
provide valuable information to guide subsurface testing. If a complete collection
of surface artifacts is impractical or inappropriate, a systematic sampling scheme
should be considered. Any such collections are to be provenienced according to
some type of coordinate system.
• Remote Sensing: Metal detectors are useful for investigating historic sites. Other
forms of remote sensing, such as ground penetrating radar, electrical resistivity,
and magnetometer are also useful.
• Shovel Tests: If additional shovel tests are necessary at this stage to guide the
placement of test units, they are to be at least 30 × 30 cm and screened through
¼-inch (or smaller) mesh. Shovel test placement will depend on the research
design.
• Test Units: Site characteristics and conditions will govern test unit size. Unit
placement will depend on the results of shovel testing and, if applicable, the
results of surface collection. Test units should be excavated by natural or cultural
strata, but can include arbitrary levels within strata. Although the plow zone may
be excavated as a single vertical level, regardless of thickness, it is usually
advisable to excavate the interface between plow zone and unplowed soils as a
separate level.
• Screening: Soil will be screened through hardware cloth no larger than ¼ inch.
Flotation or soil samples will require finer screens. Because recovery rates for all
16
classes of materials, particularly faunal and botanical, increase as screen size
decreases, investigators are encouraged to estimate relative recovery rates by
systematically using finer mesh to sample soils. The choice of dry screening,
water screening, and mechanical screening depends on the research design and
the specific factors at each site.
• Disposition of Artifacts: Artifacts are to be bagged by discrete provenience (i.e.,
unit and level). Typically, all artifacts are collected. However, any material not
collected—such as brick, mortar, shell, or fire-cracked rock—may be counted,
measured (when appropriate), weighed, sampled by provenience, and discarded
in the field.
• Features: Features identified during excavation are to be mapped, drawn to
scale, and photographed. A representative sample of features should be bisected
to reveal pro- files and recover cultural materials.
• Records: All above- and below-ground features and subsurface tests are to be
mapped, drawn to scale, and photographed. Appropriate notes and forms will be
maintained for all field investigations, a Munsell chart will be used to record soil
colors, and USDA soil texture classifications will be used to characterize soil
texture.
• Specialized Studies: If flotation, soil, radiocarbon, or other samples will be
obtained, consultation with a specialist is recommended prior to retrieval.
• Geoarchaeological Studies: Consultation with a geomorphologist is
recommended during evaluative testing to interpret site formation processes
and help identify areas likely to contain intact archaeological deposits.
• Heavy Machinery: Site areas should not be stripped before a controlled surface
col- lection is made and/or shovel tests and test units are excavated. Heavy
machinery also should not be used to remove sub-plow zone cultural deposits.
However, the use of heavy machinery for limited stripping of surface deposits is
encouraged, since this can often indicate whether or not cultural features are
present.
F. Metal Detection
Metal detection is required during archaeological investigations under the following
conditions:
• Phase I (and all phases) when working in previously identified battlefields,
and/or known military encampments; Phase II during delineation/evaluation of
historic sites;
• Historic grave removals;
17
• Research designs and proposed methodologies for metal detecting should be
discussed in advance with GHPD staff, and/or relevant Federal agencies;
• Avocationalists should be interviewed regarding their knowledge of the area.
Coverage:
• When required during Phase I, metal detector coverage should be systematic
along 1.5 meter lanes on transects at a maximum 30 meter interval, though
closer or even overlapping coverage may be necessary to meet specific research
objectives;
• When required during Phase II, metal detector coverage should be along 1.5
meter lanes on transects at maximum a 10 meter interval;
• Removal of ground vegetation and/or leaf litter along detection lanes may be
needed for metal detecting to be effective.
Reporting:
• Equipment, personnel, and time spent should be clearly stated in the methods
section;
• Coverage, mapping, and artifact collection strategies should likewise be clearly
stated.
Detecting Equipment
• No equipment requirements based on costs, though it is suggested that devices
be recent models and professional grade, as technology is always improving.
Personnel Experience
• Although recommended, no specific metal detecting training course is required;
• For Principal Investigators/Field Directors: have at least 100 hours hands-on field
experience and/or equivalent training with remote sensing applications, when
those applications are the primary focus of the archaeological investigation;
• Other investigative personnel: the skills of all other investigative personnel must
be appropriate to the requested task(s), the nature of the project, and to the
goals and specifications delineated in the research design.
IV. ARTIFACT PROCESSING, DATA ANALYSIS, AND CURATION
While minimum standards for artifact processing, analyses, and curation are outlined below,
investigators should tailor their activities to the unique aspects of each project. Overall, it is
advisable to consult with SHPO, the curatorial facility, and any specialists early in the planning
process. Processing, analyzing, and curating artifacts must occur in secure and safe
environments to pre-vent loss of significant data. The Principal Investigator (PI) and Project
18
Archaeologist (PA) areultimately responsible for ensuring that artifact data and integrity are
preserved. The laboratory staff responsible for basic artifact processing and analysis must have
sufficient knowledge to do the job, have access to appropriate comparative collections, and
have access to experts when needed. Additionally, laboratory staff and/or the Project
Archaeologist should have training in basic curatorial procedures.
A. Field Tracking
The choice of a system for tracking artifacts in the field is at the discretion of the
investigator. However, the tracking system should be consistently applied throughout
the project. During fieldwork, the recorder will enter a preliminary description of the
artifacts in field notes and forms before placing them in labeled containers that fully
protect them from damage. Artifacts can then be brought back to the laboratory for
cleaning and analysis.
B. Processing
Before cleaning each artifact, the recorder will check its condition (e.g., for friability) and
analyze its surface for easily lost information (e.g., pseudomorphs, organic materials,
pigments, etc.). Artifacts should then be cleaned in a manner that preserves the
information they contain. After they are clean, all diagnostic artifacts will be labeled to
record site number, provenience, and catalog number. Care should be taken to ensure
that important features like edge wear are not obscured during labeling.
Numbers written on artifacts are to be sealed with an appropriate sealant such as 10–15
percent solution of Acryloid B-72 in acetone or toluene. A small labeling area should be
chosen, and an undercoat of the Acryloid B-72 placed on only this area of the artifact.
The artifact will then be labeled on this area using black or white India ink. After
allowing sufficient time for drying, an additional coat of the sealant is to be applied over
the label. As an alternative to the white ink, white Acryloid B-72 is available
commercially and may be substituted for the undercoat (a clear overcoat is still needed).
Clear fingernail polish as a sealant is not acceptable.
All artifacts will be bagged individually or by type in self-sealing polyethylene bags at
least 4mil thick. Those available as food storage bags are not acceptable as they are
often not polyethylene. A descriptive tag should be enclosed in each individual/type
artifact bag. This tag should give provenience, description, and count for the contents.
Artifacts may be bagged by provenience or type (i.e., ceramics, lithics, etc., from all
proveniences stored together, or all types of artifacts bagged by excavation
provenience) based on the analysis needed. However, the laboratory methods section
19
of the report will detail this information. The researcher should strive to curate all
artifacts in a manner that will allow future researchers to duplicate their methods.
Identification tags for boxes or bags will be prepared. Tags will be made of an inert,
waterproof, archivally sound material (e.g., Nalgene, Tyvek, polyweave, etc., or an acid-
free paper tag inserted into an appropriately sized polyethylene self-sealing bag) and
marked with ink that is fade-proof, waterproof, and archivally sound. The bags
containing the artifacts will be labeled as well. All information on the exterior of the bag
will be repeated on an internal tag of the type described above.
Laboratory staff should be aware of curation policies of the various repositories.
Additionally, all artifacts should be handled to the standards of SHA/SSA/AIA and 36 CFR
Part 79.
C. Analysis
If detailed analysis of certain archaeological materials is planned, it is advisable to
include appropriate specialists as early in the project as possible.
Because most archaeological sites are valuable primarily because of their research
potential, artifact analysis generally should follow well-established classification
schemes and typologies. The choice of a specific system will depend on the
investigator’s goals and should be fully defined and referenced in the project report.
Regardless of which classification system one uses, certain basic descriptions and
analyses must be included in the report:
• Artifact identification number or provenience.
• Material (e.g., lithic, ceramic, glass).
• Class (e.g., projectile point, sherd, bead).
• Count and/or weight, as appropriate.
• Dimensions, if appropriate.
• Type (e.g., Clovis, Creamware, etc.).
• Noteworthy attributes (e.g., form, decoration, method of use, internal or
external dating).
A laboratory or catalog sheet printed on archival paper with archivally sound,
waterproof ink should be used to record the analyst’s observations. In addition, the
analyst may keep a diary of any observations, impressions, drawings, and any special
analyses performed on the artifacts. This will become part of the official record when
the collection is curated.
20
D. Conservation and Curation
Curatorial facilities should meet the standards outlined in 36 CFR Part 79. Selection of a
facility is best made early in the project and, minimally, before the laboratory analysis
has begun. The designated curation facility should be identified in the project report. All
pertinent field, laboratory, and report documentation should be archivally prepared and
remitted to the curation facility with the artifacts. For projects where no artifacts were
recovered, notes and other project materi-als should be prepared for curation. This
should include any photographic material and electronic media including any artifact
databases. If these databases are coded, a copy of the coding system should be supplied
to the curation facility.
V. REPORTING RESULTS
A summary of the minimum standards for archaeological survey reports appears below. For in-
depth treatment of reporting standards, see Secretary of the Interior’s “Standards and Guide-
lines,” Federal Register, 48:44734–44737; McGimsey and Davis 1977; and Bense et al. 1986. For
matters of style refer to the “Style Guide” for American Antiquity (1988). Timeliness of
reporting is important for the preservation and dissemination of archaeological data and
knowledge. Accordingly, reports for all archaeological studies conducted in Georgia should be
completed within 10 years of completion of field studies.
A. Report Content
Although the exact format and content of the report is usually a decision reached by the
agency, client/applicant, and consultant, reports should minimally contain the following
information:
1. Title Page
a) Report title (including type of investigation and project location).
b) Author(s).
c) Principal Investigator(s)’s name, affiliation, address, telephone number, and
signature.
d) Name and address of client for whom report was prepared.
e) Name of lead state and/or federal agency, as well as contract number, permit
or State Clearinghouse number.
f) Report date.
g) Report status (e.g., Draft, Revised Draft, or Final).
2. Management Summary
a) Brief description of project and its purpose.
21
b) Concise summary of findings, evaluations, and management
recommendations.
c) A clear presentation of the number of sites located, the component(s)
associated with the sites, and recommendations on their eligibility for the
NRHP. A summary table can be used to provide this information.
3. Table of Contents
4. List of Figures, Plates, and/or Tables
5. Introduction
a) Purpose of report and nature of the undertaking.
b) Legislation or regulations governing the work.
c) Name(s) of project sponsors, contract/permit numbers, and other appropriate
agency-specific information.
d) Description of undertaking, including area of potential effect (APE), project
foot- print, and nature and extent of anticipated disturbance. Identify and
describe undertaking’s features or facilities. Give size of undertaking in
acres/hectares or lin- ear distance and width (e.g., road corridor). If the size of
an area surveyed is different from the total undertaking, state the survey area
in acres/hectares.
e) 7.5' USGS quadrangle that clearly delineates undertaking’s boundaries, as well
as type of survey done in each area (i.e., pedestrian survey, shovel testing,
etc.). Figures should include quad name, bar scale, and north arrow.
f) Dates when work was conducted and a list of personnel.
6. Environmental Setting
Include physiographic province, landform type, nearby drainages and water sources,
roads, dominant soil association, and current land use. If limiting factors affected the
survey, describe and discuss them. Include representative photographs of the
general project area. The paleo-environmental also should be discussed.
7. Cultural Context and Previous Archaeological Investigations
This section includes an overview of cultural history of the project region. Length
and detail of discussion should be appropriate to the level of investigation and
materials re- covered. This section should also include a review of previous
archaeological investigations in the project area and its vicinity (e.g., drainage or
22
county as appropriate), as well as a description of all archaeological sites within a
reasonable distance from the project area. Author(s) also should describe their
historical research, including a list or description of all resources reviewed,
repositories and specific collections consulted, and a list of persons interviewed.
8. Research Design
Research designs present explicit statements of theoretical and methodological
approaches followed in a particular cultural resource study, and, therefore, are to be
included in most reports. The nature and level of detail in this discussion will be
consistent with the undertaking and type of investigation. If a research design has
been previously developed for a specific geographic region, type of investigation, or
type of resource, the author(s) should reference and discuss it.
9. Field Methods
Field methods should be described in a way that lets reviewers and future
researchers easily reconstruct what was done and why.
a) Maps should depict pedestrian survey areas, subsurface tests and/or
excavations, and any relevant field descriptions (e.g., vegetative cover,
disturbed areas, etc.). The locations of shovel tests should be noted on all site
maps. For projects where different survey coverage was applied, maps should
indicate where each was employed. All maps should include a north arrow
(magnetic north, true north, or grid north), a map scale (e.g., 1:24,000), and a
bar scale. For sites located using GPS, the type of equipment and its error
range should be indicated.
b) Surface survey techniques should be described and justified for both the
general project area and for each individual site (if different from the general
methodology). Note locations examined, intervals between transects, surface
visibility, and methods of collection.
c) Subsurface survey techniques should be described, including shovel test and
test unit dimensions, depths, transect intervals, and method of artifact
recovery. The total number of excavated shovel tests should be included in the
report.
d) Remote sensing techniques will be described and evaluated when used.
e) Discuss constraints on fieldwork, if not already described, such as limited
access, poor ground visibility, and adverse weather conditions. Note which
areas of the project area were not examined or received limited examination.
23
f) When field methods deviate from the recommended standards, explicitly
discuss how and why such was the case.
g) Disposition of field notes, artifacts, and other records.
10. Artifact Description and Analysis
a) Describe classification scheme. If a previously defined typology is being used,
provide a brief description along with a reference.
b) Describe assemblage. Provide a complete description of recovered artifacts by
provenience in the text. If the site is large, a summary table should be
provided, with specific information on each shovel test possibly placed in an
appendix. Detailed artifact descriptions, measurements, and attributes can be
provided in tabular form as an appendix, but also should include provenience
information. Typically, artifact descriptions should include material, class, and
type of artifacts re- covered, along with counts, weights, and any measured
attributes of diagnostic material (e.g., projectile points, ceramics, beads, etc.).
c) Provide hand-drawn illustrations and/or photographs of representative or
important artifacts.
d) Present results of special studies. Describe any special analytical methods
used. For radiocarbon dates the following information should be included:
(1) Site number and provenience
(2) Laboratory number
(3) Material dated
(4) Method of dating (e.g., extended counting, AMS, etc.)
(5) Conventional C-14 age expressed in radiocarbon years before present
plus or minus one sigma error (e.g. 2420 ± 60 BP).
(6) Calibrated C-14 age expressed in calendar years (range) within one sigma
of error. NOTE: Please include all intercepts (e.g., cal b.c.755–685 and cal
b.c. 540–400).
(7) Calibrated C-14 age expressed in calendar years (range) within two sigmas
of error (e.g., cal b.c. 780–380).
(8) Citation for calibrated results (e.g., Stuiver et al. 1993)
(9) Associated artifacts, particularly diagnostic artifacts
(10) Comments
24
11. Results and Site Descriptions
a) Describe all isolated finds and include locations on a project map.
b) Site Description
(1) Describe each site in narrative form including dimensions, stratigraphy,
present conditions, quantity of artifacts, and features. Include discussion
of shovel tests, soil cores, and test units, as appropriate. For test units,
include drawings and photographs of representative wall profiles. A
written description of soil stratigraphy (including color Munsell Soil Color
Chart) should be provided for a representative sample of shovel tests and
for each test unit.
(2) Sketch maps for each site must be included in the report. The sketch
maps should depict general topographic characteristics, placement of
subsurface tests, and features. These maps must include a north arrow,
date, bar scale, legend, and site number.
(3) Photographs if, for example, the site contains structural remains,
significant disturbance, etc.
(4) Enumerate, describe, and interpret artifacts. Describe and interpret
features, including those above ground. Include drawings and
photographs of representative features.
(5) For historic archaeological sites, summarize results of the archival re-
search. For larger projects, most of the archival research can be included
as a separate background section, and only site-specific information
needs to be presented in this section. All archival and oral history should
be referenced in a systematic manner that lends itself to source
relocation.
c) Site Significance
(1) A statement of significance must be presented for each identified site,
with reference to specific NRHP criteria listed at 36 CFR 60.4. Because
most archaeological sites are recommended as eligible under Criterion D,
they should be evaluated for their potential to contribute information
about specific research objectives. This process should be documented in
sufficient detail for the reader to judge how the investigator reached
these conclusions.
25
(2) If a site is recommended as not eligible, state the rationale.
(3) If a site is recommended as eligible or potentially eligible, present
supporting evidence, including research topics that might be addressed.
Discuss types of data known to be or thought to be present, and indicate
information that can be inferred from these data.
(4) If there is not enough information to evaluate a site’s eligibility, state this
explicitly.
d) Site Integrity - Identify and explain any factors that have or may have affected
site integrity.
e) Project Impacts - If known, identify and describe potential project impacts for
each site.
12. Summary and Recommendations
a) Summarize and list sites recommended as eligible or potentially eligible for the
NRHP. If site eligibility is indeterminate and the archaeological work was con-
ducted at a survey level, appropriate recommendations for further work might
include site testing to determine NRHP eligibility. For evaluative testing,
recommendations might include site avoidance mitigation of adverse effects
through data recovery. Please outline the nature and extent of any
recommended additional work.
b) Summarize and list sites that are recommended as not eligible for the NRHP. A
recommendation of no further work at such sites is appropriate.
c) State whether additional work may be necessary in portions of the project area
not adequately surveyed during your fieldwork.
d) Evaluate your survey and/or testing in reference to the research design.
Discuss how constraints on the investigation may have influenced the
reliability and value of the information.
e) List the location of the curation facility in final report.
13. References Cited
14. Appendices and Attachments
a) Vitae of key staff should be included in the draft report that is to undergo
review. Vitae may be removed from the final report.
b) Site forms for archaeological sites should be included in the draft report that is
to undergo review. The forms can be removed from the final report.
c) Artifact Catalog, if not presented elsewhere in the report.
26
d) Specialist Analyses, including radiocarbon and OCR, if not presented elsewhere
in the report.
27
VI. BIBLIOGRAPHY
Advisory Council on Historic Preservation
1980 Treatment of Archaeological Properties: A Handbook.
1990 Consulting About Archaeology Under Section 106.
Bense, J. A., H.A. Davis, L. Heartfield, and K. Deagan
1986 Standards and Guidelines for Quality Control in Archaeological Resource
Management in the Southeastern United States. Southeastern Archaeology
5(1):52–62.
Davis, Robert S., Jr., compiler
1991 Research in Georgia. Southern Historical Press, Greenville, South Carolina.
Elliott, Daniel T.
2000 Comments on Archaeological Survey in Georgia. Georgia Council of Professional
Archaeologists. http://www.georgia-archaeology.org. McGimsey,
Charles, and Hester Davis
1977 The Management of Archaeological Resources: The Airlie House Report. Society
for American Archaeology, Washington, DC.
DOUGHERTY COUNTY, GEORGIA REQUEST FOR PROPOSALS Ref. #22-016
Attachment B: FEMA GUIDELINES The Uniform Rules authorize FEMA to require additional provisions for Non-Federal Entity contracts. Although FEMA does not currently require additional provisions, FEMA recommends the following: 1. ACCESS TO RECORDS
A. Standard. All recipients, subrecipients, successors, transferees, and assignees must
acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. See DHS Standard Terms and Conditions: Version 8.1 (2018). Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or territorial government, or private non-profit for activities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMA administrator or Comptroller General.
B. Suggested Language.
C. Access to Records. The following access to records requirements apply to this contract:
a) The Contractor agrees to provide (insert name of state agency or local or Indian tribal
government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives’ access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
b) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
c) The Contractor agrees to provide the FEMA Administrator or his authorized representative’s access to construction or other work sites pertaining to the work being completed under the contract.
d) In compliance with the Disaster Recovery Act of 2018, the (write in name of the non-federal
entity) and the Contractor acknowledge and agree that no language in this contract is intended
e) To prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General
of the United States.
2. CHANGES A. Standard. To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or
cooperative agreement, the cost of the change, modification, change order, or constructive
change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope.
B. Applicability. FEMA recommends, therefore, that a non-Federal entity include changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured.
3. DHS SEAL, LOGO, AND FLAGS A. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1 (2018).
B. Applicability. FEMA recommends that all non-Federal entities place in their contracts a
provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
C. Suggested Language. “The contractor shall not use the DHS seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.”
4. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
A. Standard. The recipient and its contractors are required to comply with all Federal laws,
regulations, and executive orders.
B. Applicability. FEMA recommends that all non-Federal entities place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives.
C. Suggested Language. “This is an acknowledgement that FEMA financial assistance will be
used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”
5. NO OBLIGATION BY FEDERAL GOVERNMENT
A. Standard. FEMA is not a party to any transaction between the recipient and its contractor.
FEMA is not subject to any obligations or liable to any party for any matter relating to the contract.
B. Applicability. FEMA recommends that the non-Federal entity include a provision in its
contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
C. Suggested Language. “The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”
6. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
A. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C.
§§ 3729-3733) which prohibits the submission of false or fraudulent claims for payment to the federal government. See DHS Standard Terms and Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.
B. Applicability. FEMA recommends that the non-Federal entity include a provision in its
contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.
C. Suggested Language. “The Contractor acknowledges that 31 U.S.C. Chap. 38
(Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.”
HUD COMPLIANCE PROVISIONS
FOR SUB-RECIPIENT
CONSTRUCTION AND PROFESSIONAL SERVICES CONTRACTS
CONTENTS
1. EQUAL EMPLOYMENT OPPORTUNITY (Equal Opportunity Clause) 2. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS 3. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 4. CERTIFICATION OF NONSEGREGATED FACILITIES 5. CIVIL RIGHTS 6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF
1974 7. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 -
COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES (Section 3 Clause)
8. SECTION 503 OF THE REHABILITATION ACT OF 1973 (29 USC 793) 9. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED 10. AGE DISCRIMINATION ACT OF 1975 11. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS 12. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS
AND ACCIDENT PREVENTION 13. FLOOD DISASTER PROTECTION 14. ACCESS TO RECORDS - MAINTENANCE OF RECORDS 15. INSPECTION 16. REPORTING REQUIREMENTS 17. CONFLICT OF INTEREST 18. ACTIVITIES AND CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246,
AS AMENDED 19. PATENTS 20. COPYRIGHT 21. TERMINATION FOR CAUSE 22. TERMINATION FOR CONVENIENCE 23. ENERGY EFFICIENCY 24. SUBCONTRACTS 25. DEBARMENT, SUSPENSION, AND INELIGIBILITY 26. PROTECTION OF LIVES AND HEALTH 27. BREACH OF CONTRACT TERMS
28. PROVISIONS REQUIRED BY LAW DEEMED INSERTED 29. CHANGES 30. PERSONNEL 31. ANTI-KICKBACK RULES 32. ASSIGNABILITY 33. INTEREST OF CONTRACTOR 34. POLITICAL ACITIVITY 35. COMPLIANCE WITH THE OFFICE OF MANAGEMENT AND BUDGET 36. DISCRIMINATION DUE TO BELIEFS 37. CONFIDENTIAL FINDINGS 38. LOBBYING 39. FEDERAL LABOR STANDARDS PROVISIONS 40. SOLID WASTE DISPOSAL ACT 41. CONFIDENTIALITY
1. EQUAL EMPLOYMENT OPPORTUNITY (Equal Opportunity Clause)
(applicable to contracts and subcontracts exceeding $10,000)
During the performance of this contract, the Contractor agrees as follows:
A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
B. The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration without regard to race, color, religion, sex, or national origin.
C. The Contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
D. The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, as amended, and the rules, regulations, and relevant orders of the Secretary of Labor.
E. The Contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and others.
F. In the event of the Contractor's noncompliance with the non-discrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
G. The Contractor will include the provisions of the sentence immediately preceding
paragraph A and the provisions of paragraphs A through G in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each Contractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a Contractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States.
2. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS (applicable to contracts and subcontracts exceeding $10,000)
A. As used in these specifications:
(1) "Covered area" means the geographical area described in the solicitation from
which this contract resulted;
(2) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;
(3) "Employer identification number" means the Federal Social Security number used
on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
(4) "Minority" includes:
(a) Black (all persons having origins in any of the Black African racial groups
not of Hispanic origin);
(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South America or other Spanish Culture or origin, regardless of race);
(c) Asian and Pacific Islander (all persons having origins in any of the original people of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(d) American Indian or Alaskan Native (all persons having origins in any of the
original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
B. When the Contractor, or any contractor, at anytime, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract, in excess of $10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
C. If the Contractor is participating (pursuant to 41 CFR 60 4.5) in a Hometown Plan approved
by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in compliance with the provisions of any such Hometown Plan. Each Contractor or Contractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or contractors toward a goal in an approved Plan does not excuse any covered Contractor's or contractor's failure to take good faith efforts to achieve the Plan goals and timetables.
D. The Contractor shall implement the specific affirmative action standards provided In
paragraphs G(1) through G(16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction Contractors performing contracts in geographical areas where they do not have a federal or federally-assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
E. Neither the provisions of any collective bargaining agreement, nor the failure by a union
with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
F. In order for the non-working training hours of apprentices and trainees to be counted in
meeting the goals, such apprentices and trainees must be employed by the Contractor
during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.
G. The Contractor shall take specific affirmative action to ensure equal employment
opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
(1) Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
(2) Establish and maintain a current list of minority and female recruitment
sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses.
(3) Maintain a current file of the names, addresses, and telephone numbers of
each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken.
(4) Provide immediate written notification to the Director when the union or
unions with which the Contractor has a collective bargaining agreement have not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.
(5) Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall
provide notice of these programs to the sources compiled under G(2) above.
(6) Disseminate the Contractor's EEO policy by providing notice of the policy
to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on a bulletin board accessible to all employees at each location where construction work is performed.
(7) Review, at least annually, the company's EEO policy and affirmative action
obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on- site supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
(8) Disseminate the Contractor's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Contractors with whom the Contractor does or anticipates doing business.
(9) Direct its recruitment efforts, both oral and written, to minority, female and
community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit other minority
persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force.
(11) Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60 3.
(12) Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these
employees to seek or to prepare for, through appropriate training, etc., such opportunities.
(13) Ensure that seniority practices, job classifications, work assignments and
other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.
(14) Ensure that all facilities and company activities are nonsegregated except
that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
(15) Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction Contractors and suppliers, including circulation of solicitation to minority and female Contractor associations and other business associations.
(16) Conduct a review, at least annually, of all supervisors' adherence to and
performance under the Contractor's EEO policies and affirmative action obligations.
H. Contractors are encouraged to participate in voluntary associations which assist in fulfilling
one or more of their affirmative action obligations (G(1) through G(16)). The efforts of a Contractor association, joint Contractor-union, Contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under G(1) through G(16) of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor's non-compliance.
I. A single goal for minorities and a separate single goal for women has been established.
The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
J. The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any persons because of race, color, religion, sex, or national origin.
K. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to E.O. 11246.
L. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to E.O. 11246, as amended.
M. The Contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standards prescribed in paragraph G of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60 4.8.
N. The Contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number where assigned, social security number, race, sex, status (e.g., mechanic, apprenticeship trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records.
O. Nothing herein provided shall be construed as a limitation upon the application of other
laws which establish different standards of compliance or upon the application or requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
3. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION (applicable to contracts and subcontracts exceeding $10,000)
A. The Offeror’s or Bidder's attention is called to the "Equal Opportunity Clause" and the
"Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.
B. The goals and timetables for minority and female participation, expressed in percentage
terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are applicable to all the Contractor's construction work (whether or not it is federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographic area located outside of the covered area, it shall apply the goals established for such geographic area where the work is actually performed.
With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60 4 shall be based on its
implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60 4.3 (a) and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60 4. Compliance with the goals will be measured against the total work hours performed.
C. The Contractor shall provide written notification to the Director of the Office of Federal
Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the sub-contract; and the geographical area in which the contract is to be performed.
D. As used in this Notice, and in the contract resulting from this solicitation, the "covered
area" is (insert description of the geographical areas where the contract is to be performed, giving the State, parish, and city, if any):
4. CERTIFICATION OF NONSEGREGATED FACILITIES
(applicable to contracts and subcontracts exceeding $10,000)
By the submission of this bid, the bidder, offeror, applicant or Contractor certifies that he/she does not maintain or provide for his/her establishments, and that he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He/she certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments, and he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or Contractor agrees that a breach of this certification is a violation of the equal opportunity clause of this contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason.
He/she further agrees that (except where he/she has obtained for specific time periods) he/she will obtain identical certification from proposed contractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal
opportunity clause; that he/she will retain such certifications in his/her files; and that he/she will forward the following notice to such proposed contractors (except where proposed contractors have submitted identical certifications for specific time periods).
5. CIVIL RIGHTS
The Contractor shall comply with the provisions of Title VI of the Civil Rights Act of 1964. No person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPLENT ACT
OF 1974
The Contractor shall comply with the provisions of Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Section 109 further provides that discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, as amended, is prohibited.
7. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 - (Section 3 Clause) (applicable to contracts and subcontracts exceeding $100,000 funded by Section 3 covered assistance)
A. The work to be performed under this contract is subject to the requirements of Section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,
which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.
C. The Contractor agrees to send to each labor organization or representative of workers with
which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and
location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin.
D. The Contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the Contractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any Contractor where the Contractor has notice or knowledge that the Contractor has been found in violation of the regulations in 24 CFR part 135.
E. The Contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing
assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b).
8. SECTION 503 OF THE REHABILITATION ACT OF 1973 (29 USC 793)
(applicable to contracts and subcontracts exceeding $10,000)
A. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is otherwise qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
B. The Contractor agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
C. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.
D. The Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees.
E. The Contractor will notify each labor union or representative of workers with which it has
a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals.
F. The Contractor will include the provisions of this clause in every subcontract or purchase
order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each Contractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance.
9. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED
The Contractor agrees that no otherwise qualified individual with disabilities shall, solely by reason of his disability, be denied the benefits, or be subjected to discrimination including discrimination in employment, any program or activity that receives the benefits from the federal financial assistance.
10. AGE DISCRIMINATION ACT OF 1975
The Contractor shall comply with the provisions of the Age Discrimination Act of 1975. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving federal financial assistance.
11. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(applicable to contracts and subcontracts exceeding $100,000)
The Contractor and all contractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the foregoing requirements, all nonexempt Contractors and contractors shall furnish to the owner, the following:
A. A stipulation by the Contractor or contractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR Part 15, as amended.
B. Agreement by the Contractor to comply with all the requirements of Section 114 of
the Clean Air Act, as amended, (42 USC 1857 c 8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there under.
C. A stipulation that as a condition for the award of the contract, prompt notice will
be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities.
D. Agreement by the Contractor that he will include, or cause to be included, the
criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the government may direct as a means of enforcing such provisions.
12. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS
AND ACCIDENT PREVENTION
A. Lead-Based Paint Hazards
The construction or rehabilitation of residential structures is subject to the HUD Lead- Based Paint regulations, 24 CFR Part 35. The Contractor and contractors shall comply with the provisions for the elimination of lead-based paint hazards under Subpart B of said regulations. The Owner will be responsible for the inspections and certifications required under Section 35.14 (f) thereof.
B. Use of Explosives
When the use of explosives is necessary for the prosecution of the work, the Contractor shall observe all local, state and federal laws in purchasing and handling explosives. The Contractor shall take all necessary precaution to protect completed work, neighboring property, water lines, or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The Contractor shall notify all owners of public utility property of intention to use explosives at least 8 hours before blasting is done close to such property. Any supervision or direction of use of explosives by the engineer does not in any way reduce the responsibility of the Contractor or his Surety for damages that may be caused by such use.
C. Danger Signals and Safety Devices (Modify as Required)
The Contractor shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition, sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the Contractor fails or neglects to take such precautions, the Owner may have such lights and barricades installed and charge the cost of this work to the Contractor. Such action by the Owner does not relieve the Contractor of any liability incurred under these specifications or contract.
13. FLOOD DISASTER PROTECTION
This contract is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93 234). Nothing included as a part of this contract is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary of HUD as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the National Flood Insurance Program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this contract for such acquisition for construction in such identified areas in communities then participating in the National Flood Insurance Program shall be subject to the mandatory purchase of flood insurance requirements or Section 102(a) of said Act.
Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Contract shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of Flood Disaster Protection Act of 1973.
14. ACCESS TO RECORDS - MAINTENANCE OF RECORDS
The Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the Contractor which are directly pertinent to this specific contract, for the purpose of audits, examinations, and making excerpts and transcriptions. All records connected with this contract will be maintained in a central location by the unit of local government and will be maintained for a period of five (5) years from the official date of the final closeout of the grant.
15. INSPECTION
The authorized representative and agents of the Department of Housing and Urban Development shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records.
16. REPORTING REQUIREMENTS
The Contractor shall complete and submit all reports, in such form and according to such schedule, as may be required by the Owner.
17. CONFLICT OF INTEREST
A. No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest.
B. No member of or delegate to Congress, or Resident Commissioner, shall be
admitted to any share or part of this contract or to any benefit that may arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.
18. ACTIVITIES AND CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER
11246, AS AMENDED (applicable to contracts and subcontracts of $10,000 and under)
During the performance of this contract, the Contractor agrees as follows:
A. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. The Contractor shall post in conspicuous places, available to employees and applicants for
employment, notices to be provided by Contracting Officer setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
C. Contractors shall incorporate foregoing requirements in all subcontracts.
19. PATENTS A. The Contractor shall hold and save the Owner and its officers, agents, servants, and
employees harmless from liability of any nature or kind, including cost and expenses for, or on account of any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the contract including its use by the Owner, unless otherwise specifically stipulated in the Contract Document.
B. License or Royalty Fees: License and/or Royalty Fees for the use of a process which is
authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his authorized license, direct by the Owner and not by or through the Contractor.
C. If the Contractor uses any design device or materials covered by letters, patent or copyright,
he shall provide for such use by suitable agreement with the owner of such patented or copy-righted design device or material. It is mutually agreed and understood, that without exception the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copy-righted design, device or materials or any trademark or copy-right in connection with work agreed to be performed under this contract, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work.
20. COPYRIGHT
No materials, to include but not limited to reports, maps, or documents produced as a result of this contract, in whole or in part, shall be available to the Contractor for copy-right purposes. Any such materials produced as a result of this contract that might be subject to copyright shall be the property of the Owner and all such rights shall belong to the Owner.
21. TERMINATION FOR CAUSE
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the Owner shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor under this contract shall, at the option of the Owner, become the Owner’s property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Contractor shall not be relieved of liability to the Owner for damages sustained by the Owner by virtue of any breach of the contract by the Contractor, and the Owner may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the Owner from the Contractor is determined.
22. TERMINATION FOR CONVENIENCE
The Owner may terminate this contract at any time by giving at least ten (10) days notice in writing to the Contractor. If the contract is terminated by the Owner as provided herein, the Contractor will be paid for the time provided and expenses incurred up to the termination date.
23. ENERGY EFFICIENCY
The Contractor shall comply with 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 (Public Law 94-163).
24. SUBCONTRACTS
A. The Contractor shall not enter into any subcontract with any contractor who has been
debarred, suspended, declared ineligible, or voluntarily excluded from participating in contacting programs by any agency of the United States Government or the State of Louisiana.
B. The Contractor shall be as fully responsible to the Owner for the acts and omissions of the
Contractor’s contractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by the Contractor.
C. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative
to the work to bind contractor to the Contractor by the terms of the contract documents insofar as applicable to the work of contractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the contract documents.
D. Nothing contained in this contract shall create any contractual relation between
any Contractor and the Owner.
25. DEBARMENT, SUSPENSION, AND INELIGIBILITY
The Contractor represents and warrants that it and its contractors are not debarred, suspended, or placed in ineligibility status under the provisions of 2 CFR 200.213 (government debarment and suspension regulations).
26. PROTECTION OF LIVES AND HEALTH
The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the worksite, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1518, Safety and Health Regulations for Construction, as
outlined in the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971, Title 29 - LABOR, shall be observed and the Contractor shall take or cause to be taken, such
additional safety and health measures as the Owner may determine to be reasonably necessary.
27. BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the Contractor or the Contractor’s contractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this contract. The duties and obligations imposed by the contract documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
28. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction.
29. CHANGES
The Owner may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor’s compensation which are mutually agreed upon by and between the Owner and the Contractor, shall be incorporated in written and executed amendments to this Contract.
30. PERSONNEL
The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Owner.
All the services required hereunder will be performed by the Contractor or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services.
No person who is serving sentence in a penal or correctional institution shall be employed on work under this Contract.
31. ANTI-KICKBACK RULES
Salaries of personnel performing work under this Contract shall be paid unconditionally and not less often than once a month without payroll deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the
applicable regulations issued by the Secretary of Labor pursuant to the "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. 874; and Title 40 U.S.C. 276c). The Contractor shall comply with all applicable "Anti-Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this contract to insure compliance by the contractors with such regulations, and shall be responsible for the submission of affidavits required of contractors there under except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof.
32. ASSIGNABILITY
The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without prior written approval of the Owner provided that claims for money due or to become due the Contractor from the Owner under this Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Owner.
33. INTEREST OF CONTRACTOR
The Contractor covenants that he presently has no interest and shall not acquire any interest direct or indirect in the above described project or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed.
34. POLITICAL ACTIVITY
The Contractor will comply with the provisions of the Hatch Act (5 U.S.C. 1501 et seq.), which limits the political activity of employees.
35. COMPLIANCE WITH THE OFFICE OF MANAGEMENT AND BUDGET
The parties agree to comply with the regulations, policies, guidelines, and requirements of the Office of Management and Budget, Circulars 2 CFR 200, as they relate to the use of Federal funds under this contract.
36. DISCRIMINATION DUE TO BELIEFS
No person with responsibilities in operation of the project to which this grant relates will discriminate with respect to any program participant or any applicant for participation in such program because of political affiliation or beliefs.
37. CONFIDENTIAL FINDINGS
All of the reports, information, data, etc., prepared or assembled by the Contractor under this Contract are confidential, and the Contractor agrees that they shall not be made available to any individual or organization without prior written approval of the Owner.
38. LOBBYING
The Contractor certifies, to the best of his or her knowledge and belief that:
1. No federally appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federally appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
39. FEDERAL LABOR STANDARDS PROVISIONS
The Contractor shall abide by the requirements of the Federal Labor Standards Provisions (form HUD-4010) as follows.
Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations
Applicability
The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis- Bacon poster (WH-1321) shall be posted at all times by the Contractor and its contractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)
(c) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of 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 paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the Contractor or any contractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, 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 suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or Contractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts.
3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l (b) (2) (B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.)
(ii) (a) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a) (3) (i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime Contractor is responsible for the submission of copies of payrolls by all contractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.)
(b) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the Contractor or Contractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR 5.5 (a)(3)(i) and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.3.(ii)(b).
(d) The falsification of any of the above certifications may subject the Contractor or Contractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or contractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or Contractor fails to submit the required records or to make them available, 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 suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and
Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or contractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract
6. Subcontracts. The Contractor or Contractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the contractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any Contractor or lower tier Contractor with all the contract clauses in this paragraph.
7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a Contractor and a Contractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its contractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives.
10. (i) Certification of Eligibility. By entering into this contract the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., “Federal Housing Administration transactions”, provides in part: “Whoever, for the purpose of . . . influencing in any way the action of such Administration. ..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both.”
11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom
the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any contractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards.
(1) Overtime requirements. No Contractor or Contractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the Contractor and any Contractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and Contractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or contractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or contractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The Contractor or contractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the contractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any Contractor or lower tier contractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are applicable only where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq.
(3) The Contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each contractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
40. SOLID WASTE DISPOSAL ACT
The Grantee shall comply with Section 6002 if the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements listed below include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) AT 40 CFR part 247 containing the highest percentage of recovered materials, practicable, consistent with maintaining a satisfactory level of competition.
Applicability.(a)(1) This guideline applies to all procurement actions using federal funding and involving items designated by EPA in this part, where the purchase price of the item exceeds $10,000, the value of the quantity acquired by the preceding fiscal year exceeds $10,000. This guideline shall require that all solid waste management services procurements are conducted in a manner that maximizes energy and resource recovery. (2) This guideline applies to any public agency using appropriated Federal funds to procure designated items, and to persons contracting with any such agencies with respect to work performed under such contracts. (3) The $10,000 threshold applies to public agencies as a whole rather than to agency subgroups such as regional offices or sub-agencies of a larger department or agency.
(b) The term procurement actions includes: (1) Purchases made directly by a procuring agency or purchases made directly by any person (e.g., a contractor) in support of work being performed for a procuring agency using federal funds (2) Any purchases of designated items made “indirectly” by a procuring agency, as in the case of procurements resulting from grants, loans, funds, and similar forms of disbursements of monies.
(c)(1) This guideline does not apply to purchases of designated items which are unrelated to or incidental to Federal funding, i.e., not the direct result of a contract or agreement with, or a grant, loan, or funds disbursement to, a procuring agency.
41. CONFIDENTIALITY
The Contractor shall comply with the Confidentiality regulations, per 24 CFR 574.440. Per 24 CFR 574.440, “the grantee shall agree, and shall ensure that each project sponsor agrees, to
ensure the confidentiality of the name of any individual assisted under this part and any other information regarding individuals receiving assistance.” The Contractor shall ensure all documentation and written agreements protect the confidentiality of all individuals/agencies funded or receiving any assistance under this grant.