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151-Slurry Seal Program 1979 t . ~_,,--lII!'lo CONTRACT DOCUMENTS SLURRY SEAL PROGRAM 1979 CITY OF SANFORD, SANFORD, FLORIDA ~ .-", Index Section Item 1-1 Invitation to Bid 1-2 Minimum Specifications for Slurry Seal Program 1-3 Guide Specifications A-104, International Slurry Seal Association 1-4 Instructions to Bidders 1-5 Proposal 1-6 Description of Work 2-1 Form WH-347, Payroll Reporting Form 3-1 General Conditions 4-1 Supplemental General Conditions 5-1 Contract ~ I''t Ok,", 01 Sanford, PIa. G\\.~ rIde:] Commission~manager Plan WARREN E, KNOWLES CITY MANACER Section 1-1 ZIP CODE 32771 P.O. Box 1778 300 NORTH PARK AVENUE I N V I TAT ION T 0 BID City of Sanford, Florida Sealed bids will be received in the office of the City Manager, Room 203, City Hall, Sanford, Florida, util 1:30 P.M. on Wednesday, August 16, 1978, on the slurry seal treatment of certain streets in the City of Sanford. The bids will be publicly opened on the same date at 2:00 P.M. in the City Commission Chambers, City Hall, 'Sanford, Florida. The bids will be on a square yard measurement of work completed and in accordance with the specifications of the City of Sanford. The City Commission reserves the right to accept or to reject any or all bids in the best interests of the City of Sanford. ~. ~ , ~<~a ~ - W. E. Knowles City Manager CITY OF SANFORD July 24, 1978 'i"'~ -= -f'<', .n:; (1 j; ", ,,7"'U , ~ :; '\l ~. ~~J~ \-~.~ .~:~_ Wi:\. ~ ~U ...., e>:.'? ([)- ~~D';' ~_",.,7,';.l'l : \-';.' -,. "1 t-t ~ "( ~ ~ ~ ~~ ~.1 ~.~:;:. ~....'~ ~ ~ _. .' .,_' ~ rt. ~'_ ,', ~ g . r. L 1;"".& ~ ~~ v.' ~~' ~ Section 1-2 CITY OF SANFORD, FLORIDA Minimum Specifications for Slurry Seal Program All work shall conform to the Guide Specifications A-104 dated May, 1967, of the International Slurry Seal Associ- ation except as noted below: 1. The City of Sanford will provide: A. All aggregate; B. The loading of aggregate into the slurry mixing equipment; C. All water; D. A storage place for the cement; E~ The preparation of all street surfaces; F. All traffic control; G. Storage area for all equipment used of the contractor; H. All rolling of the s~urry surfaces. 2. The application rate shall be at a rate of ten P?unds of dry aggregate per square yard. 3. The payment shall be by the square yards of work completed and accepted by the City of Sanford. 4. The amount of work is approximately 268,468 square yards. A list of the streets and quantities are available. 5. Work shall begin on the 11th. of September, 1978. July 24, 1978 , . o"..~ s{ '\' ,..,...,...-- V1' . ~~!~f ~f. .~ 7. \, . )> ,.. \'~,... ' t- 0- . ~~'-.... O~ .sOCIA"\'\ I. SCOPE The work covered by this specificalion consists of furnishing all plant, labor, equipment, and materials in performing all operations neceSSHY in conneelion with the application of a slurry seal surface upon the duignated surfaco, in complete and, striel accordance with the specification. I ~"'.-.....L~'-"".E,-"""",=""--,,=,,,,_-,,",,=,=' . ,.....'-".:,,:.c; 1 " GUIDE SPECIFICATIONS A-l04 I' DATE: MAY 1967 Replaces Assaciations Specifications A.l01, A-102 and A-l03 INTERNATIONP.L SLURRY 3EAL I\SSN. 6837 Mayberry Telephone Section 1-3 (402) 551-3259 Omaha, Nebraska 68106- 2. APPLICABLE SPECIFICATIONS The following specifications and methods form a pari of this speci- fication: Allornate specificalions are listed for most methods and specification; seled one applicable to your operation. TEST METHODS FOR AGGREGATE AND MINERAL FILLER Alternate No. I Alternate No. 2 AASHO T2-bO ASTM 075-59 AASHO T27-bO ASTM CI36,46 AASHO T 11-60 ASTM C117-49 AASHO T17b-56 AASHO T84-bO ASTM C138-59 AASHO T19.5b ASTM C29-bO AASHO T9b-60 ASTM C131-b4T AASHO T127-bO ASTM CJ83-60T AASHO B7-56 ASTM 054b-55 AASHO TIM-5b ASTM C88-b3 Sampling Stone. Slag. Gravel, Sand and Stone Block for use . as H'ighway Materials Sieve Analysis of Fine or Course Aggregale Amount of Material Finer Than No. 200 Sieve in Aggregate Plastic Fines in Graded Aggre- gates and Soils by Use of the Sand Equivalent Test Specific Gravily and Absorp- tion of Fine Aggregate Unit Weight of Aggregate Abrasion of Course Aggregale, by Use of the Los Angeles Machine Sampling Hydraulic Cement Sieve Analysis of Mineral Filler Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate TEST METHODS FOR ASPHALT EMULSIONS Alternate No. I AASHO HO-5b AASHO T59-bO AASHO T 182-57 Alternate No. 2 ASTM 0140,55 ASTM 0244,bO ASTM 01 6b4-59T Sampling Bituminous Materials T esling Emulsified Asphalt Slripping Test for Bitumen- Aggregate Mixtures TEST METHODS FOR BITUMINOUS SLURRY SURFACES Alternate No. I Alternate Na. 2 AASHO T1b4-bO AASHO BO-55 SPECIFICATIONS FOR MINERAL FILLERS ASTM 0242-b4 Bitumen Content of Paving Mixture by Cenlrifuge Mechanical Analysis of Extracted Aggregate Mine r a I Fille rs fo r Bituminous Paving Mixtures SPECIFICATIONS FOR ASPHALT EMULSIONS Alternate No. I Asphalt Insti- tute Specifica- tions for Asphalt Emulsions for Mixing Grade' Emulsions AASHO-American Associalion of Slale Highway ASTM-American Society of Testing Materials Alternate No. 2 Federal SF''?cifica- tions SS-A,674b for Asphalt Emul- sion for Mixing Grade Emulsions Specificalions for Asphalt Emulsions for Mixing Grade Emulsions Officials 3. DESCRIPTION The slurry leal surface shall consist of a mixture of emulsified ;;sphalt, mineral aggregale, and wafer; properly proportioned, mixed, and spread evenly on fhe surface as specified hNein and as directed by fhe Engineer (or Contra cling Officer). The cured slurry shall have a homogeneous appearance, fill all cracks, adhere firmly to the surface and have skid resistant texture. 4. MATERIALS A. Asphalt Emulsion. The emulsilied asphalt shall conform to the rr. quirrment of ______n__nnnnn________n___ Specificalion. for type ____nn_n_nnnnn__n________nn___ (type 01 emulsion. SS,KH. elc,). The vis cosily shall be _nn_h_n_n__u_ (e.g. 20-50, 20-100, etc.). The contraclor shall furnish a certified statement from the emulsion manulaclurer giving analysis of the base asphalt used in the manulaclure of the emulsion, The penetra- tion of the base asphalt shall be _u_u___________u__U_U_h (penelralion depending on application, traffic, and c1imale condi, tions, 8,g" 60-70, 85-100,120-150, etc.). B. Aggr~atc. The mineral ~ggregale shall consist of nalural or manufactured sand, slag. crusher lines. and olhers. or a combina, tion thereof. Smoolh,textured sand of len U.an 1.25 percent waler absorplion shall not exceed 50 percent of the total combined ag. gregate. The aggregale shall be clean ..nd free frnm vegetable matter and other deleterious substances. When testrd by AASHO T176, the ~ggregate blend shall have a sand equivalent of not less than __________ (minimum 45 recommended), When tested ac, cording to uu_nn_ (AASHO T104.57 or ASTM C88,63) th" aggregate shall show a lOB of not more than _____n___ (e,g, 10%, 15'70). When tesfed according to _uun__,-__ (AASHO 'T,96-60 or ASTM CI31-b4T) the aggregate shall show a loss 01 not more than ________u (e.g" 30%, 35'70). Mineral fillers such as portland cement. limestone dust, fly ash, and others shall be considered as pari of Ihe blended ..ggreg"le and shall be used in minimum required amounts. They shall meel the gradation requirp.menh of ASTM 0242-64. Mineral fillers sholl only be used if needed 10 improve the workabilily of the mix or gradation of the aggregale. The combined miner..1 aggregale shall conform to the following grada- tion when tesled by the previously menlioned tes\' (Select one) Sieve Size Type I Type II Type III P~r.:et,t Percent Percent PaBing PaBing Paning 100 100 100 100 98-100 70.90 98-100 b5.90 45-70 65-90 45-70 28,50 40.60 30-50 19.)4 25-42 18.30 '_2-25 15.30 10-21 7,18 10-20 5-15 5-15 ~8 tlo. 4 No.8 No. 16 No. 30 No. 50 No. 100 No. 200 The.,retical Aspha It Content % Dry Aggregate 7.5.13.5 b.5-12 10-lb Type I. This aggregale blend is used to seal crack., fill voids, and correct moderale surface condilions. An approximate applicalion rate of 6 to 10 pounds per square y",d based on dry aggregale weight is used when standard aggregales are ulilized. The lineness of this design provides it with maximum crack penetraling proper, ties, A typical exampl.. 01 this fype of slurry surf"ce would be on airfields or other areas where only prolection Irom Ihe elemenls is desired. Type II. This aggregate blend is used when iI is desired to fill ~urf3ce voids. correct severe surface conditio"" and provide seal- ing and a minimum wearing surface. An approximate applicalion rate of 10 to 15 pounds per square yard based on dry aggregJI'? weight is used when slandard aggregales are ulilited, A typic.1 example of this type of slurry surface would be on pavement. wilh medium textured surfaces which would require this site of aggre' gate to fill in the cracks and provide a minimum wearing surlace, Another example would be placing a general slurry on f1e.ible base, stabilized base, or soil cement as a sealer prior to finol pa ving. Type III. The aggregate blend il used to give crown correelion and a moderate wearing surface, It is applied at a rate of 15 pounds per square yard, or more, b4\ed on dry aggregate weight for normal aggregale, A typical example of this type of slurry surface is the first and/or second course of a two-course slurry SPECIFICATIONS A-J04 Telephone (402) 551-3259 ADD IT 10 t4 A L COP I E S 0 F G U ID E INTERNA";'IONAL SLURRY SEAL ASSOCIATION MAY BE OBTAINED FROM 6837 Mayberry St., Omaha, Nebra ~ka 68105 irealmenl on flexiblc bHe. sl~bili,ed ba.... or soil cemont. Anolher , .xamp". of this type of slurry surf~cc wo'" be on p~vemenh , which have highly lexturod sudaccs ~nd rc 0 this si,e of ag' gregate 10 fill in th~ voids dnd provido d modcr..le wOdring surf~co. C. Water. All waler used with Ihe slurry mixture shall bo potable and frce from harmful soluble salh.' D. Laboratory Testing. Sources of ..II mdterials shall be selected prior to Ihe time the materials are required for use in the work. All sample. shall be taken according to procedures previously menlioned. All materi..1s shall be prelesled in a qualified labora- tory as to their suitability for use in slurry, The theorectical asphalt contenl shall be determined, The laboralory shall also determine if a mineral filler is required. and if so, how much should be used, Test samples shall be made and tested on a Wet Track Abrasion Machine, A complete laboralory analysis and test report accompanied by abraded and un..braded slurry tesl samples, shall be submitted by the contractor before the job slarh. (The ISSA can furnish a list of qu..lified testing laboratories,) E. Stockpiling of Aggregate. Precaulions shall be taken to insure that slockpiles do not become contaminated with oversized rock. clay. silt, or excessive amounh of moisture. The stockpile shall be hpt in areas that drain readily. Segregation of Ihe aggregate will not be permitted. F. Storage, The Conlractor shall provide suilable storage facililies for the asphalt emulsion. The conlainer sh..1I be equipped to pre- vent waler from enlering the emulsion, Suilable heal shall be pro- vided if necessa ry to prevenl freezing. G. Somplir.g. Samples of malerials and of the finished slurry surface shall b,e furnished by Ihe Contractor as directed by the Engineer (or Contracting Officer) during progress of the work. Test re- ports may be requested from the Contractor as additional materials arrive. S. EQUIPMENT All equipment. tools, and machines used in the pedormance of this work shall be maintained in satisfactory working order at all times. Descriptive information on the slurry mixing and applying equipment to be used shall be submitted for approval not less than _______ days before the work starts. A. Slurry Mixing Equpment. The slurry mixing machine shall be a continuous flow mixing unit and be capable of delivering accuralely a predelermined proportion of aggregate. waler and asphalt emul, sion to Ihe mixing chamber and to discharge the thoroughly mixed product on a conlinuous basis, The aggregale shall be prewefted immediately prior 10 mixing with Ihe emulsion, The mixing unil of the mixing chamber shall bl' capable of thoroughly blending all ingrl'dil'n" togelher, No violent mixing shall be permitted, The mixing machine shall be equipped with an ~pproved fines feed- er that provides an accurale melering device or melhod to intro- duce a predetermined proportion of mineral filler into the mixer at the same time and location that the aggregate is fed, The fines feeder shall b.. us..d whenever added mineral filler is a part of the ilggregate blend, The mixing machine shall bc equipped with a water pressure system and fog type spr,'y bar adequate for complete fogging the surface preceding spreading equipment with a maximum application of 0,05 gallons per square yard, Sufficient milchine slorag.. capacity to mix properly and apply a minimum of fiv.. Ions of the slurry shall be provided. B. Slurry Spreading Equipment. Aftached to the' mixer machine shall be a mechanical type squeegee dislribulor equipped with flexible material in conlact will. Ihe surface to prevent loss of slurry from the distribulor. It shall be mainlained so as to prevent loss of slurry on varying grades and crown by adjustments to assure uniform spread, There shall be a steering device and a flexiblo strih.off. Tho spre..der box shall havo ~n ~djust.,blo widlh, The box sh~1I bo kept c1e"n, ..nd build.up of dsphall and ~ggreg.,to on 11.0 box shall not be permifted, The use of burldP drags or other drags shall be approved by the Engineer. C. Cleaning Equipment. Power brooms, power blowers. air com- pressors, water flushing equipment, and hand brooms shall be suit- able for cleaning the surface and cracks of the old surface. D. Auxiliary Equipment. Hand squeegees. shovels, and olher equIp- ment shall be provided as necessary to perform work. 6. PREPARATION OF SURFACE Immediately prior to applying the slurry, the surface shall be cleaned of all loose material. silt spols, vogetation, "nd olher objedionable male rial. Any standard cleaning method used to clean pavements will bo accopl~ble. excepl water flushing will nol be permilled in are..s where consider..ble cr..cks Engineer (o'r Confradi surface. Me present in Ihe p..vemont surface. The Offlcor) .h~II give final approval of the If 11.0 slurry is being placed over a brick or concrele surfaco. highly absorbent dsphalt surf"ce. or over a surface where the aggre.g~le has bl!come exposed and i. polished and slick, a I parf emulSIon. ) pdrt water. lack co~t of the sam3 asphalt emulsion type and grade as specified for Ihe slurry is recommended. This can be applied with an asphalt dislribulor or suilable waler huck. The n.ormal application rale is 0,05 10 0.10 gallons of II... diluled emulSIon per square yard of surface. The Engineer (or Confrading Officer) should give final approvdL 7. COMPOSITION AND RATE OF APPLICATION OF THE SLURRY MIX The amount of asphall emulsion 10 be blended with the aggregale shall be that ,n delermined by the laboratory report afler final adjustment in the field. A minimum amounl of water shall be added as necessary 10 obtain a fluid and homogeneous mixture. The rate of application shall be (a minimum of ______ pounds of dry aggregale per square yard: dl least _n___ lbs.lsy but nol grealer than _nn_ Ibs./sy). The Engineer (or Confrading Officer) shall give final approval to the design and rate of application used. 8. WEATHER LIMITATIONS The .'Iurry seal sur~ace ..'hall nol be applied if either the pavement or aor lemperdturo ,,55 F or below and falling, bul may be applied when bolh Ihe "ir "nd pavemenl lemperature is 45" F or above and risi.ng, The mixture should nol bl! applied if high relative humidity pro- longs the curing b..yond a reasonable time. 9. TRAFFIC CONTROL Suitable methods such ilS barricades, flagmen. pilot cars, etc., shall be used to proted the uncured slurry surface from all types of traffic. Any dam"ge to the uncured slurry will be the responsibility of the Con- trador. The Engineer (or Contra ding Officer) shall give final ap- proval ilS to the melhod used, If damage occurs where suiiable means hdve been made to proled the uncured slurry. violators will be prose- cuted and the Conhador will be reimbursed for the amount of the damages, 10. APPLICATION OF THE SLURRY SURFACES A. General. The surface shall be fogged with water diredly pre- ceding Ihe spreader, The slurry mixture shall be of the desired consistency ...-hen deposiled on the surface and no additional ele- ments shall be ddded, Total time of mixing shall not exceed four minutes. A sufficient amount of slurry shall be cdrried in all parts of the spreader at all times so Ihat complele coverage is obtained, No lumping, balling or unmixed aggregate shall be permitted. No segreg"tion of the emulsion and aggregate fines from the coarse aggregal.. will be permitted, If Ihe coarse aggregate settles to the bottom of the mix, Ihe slurry will be removed from the pave- men'- No excessive breaking of the emulsion will be allowed in the spreader box. No streaks such as caused by oversized aggre- gale will be left in Ihe finished pavemenL B. Joints. No excessive build,up nor unsighlly appearance shall be permifl"d on longiludinal or Iransverse joints. C. Hand Work. Approved squeegees shall be used to spread slurry in non,accessable areas to the slurry mixer. Care shall be exer- cised in leaVing no unSlghlly appeMance from hdnd work, D. Curing. Trealed areas will be allowed to cure unlil such time as Ihe Engineer (or Contracting OHicer) permits their opening to tra ffic. Rolling is normally not required on slurry surfaces. However, in areas of slow turning traffic. e.g" air- fields, the paved surface should Le rolled by a 5,ton roller, The ;>aved area .hould be subjected '0 d mini- mum of five coverages, If a pneumalic roller is used it should bo operated at a lire pressuro of 50 pounds por squ.. ro inch. II. MEASUREMENT AND PAYMENT Aliernale specifications are listed; seled one operation. applicable to your ALTERNATE NO. I The slurry seal surface shall be measured and paid for by the weight of aggregate and volume of ..sphalt emulsion used on the work com, pleted and accepted as designaled by the Engineer (or Conlracting Office r). ALTERNATE NO, 2 The slurry se~1 surf..ce shall be measured and paid for by Ihe squMe yards of work compleled and accepled as designaled by Ihe Engineer (or Confr"cting Officer). ISSA specifications arc wrillen as " guide and should be used as such. The srecific~tions should b" hilored to fit the customer and job requiremenh. The specification is wrillen for tho conlr"ctor to do Ihe complele job. If the customer should do any of II.. work mentioned herein, the specification should be changed accordingly. Section 1-4 . , ~~STRUCTIONS TO BIDDERS 1. The intent of these specifications are to provide for open bidding on suitable and equitable equipment and materials. Should these specifications prohibit a bid being made, the City Manager should be immediately notified. ~. All bids must be submitted in a sealed envelope addressed to the city Manaqer of the city of Sanford with a label describinq the nature of the bid on the outside of the envelope. 1. Bids must be accompanied by copies of detailed factory specifications, ratings and technical data, including accurate descriptions of the exact equipment and attach- ments for which bids are made. 4. All material hereinafter specified shall be fully guaranteed by the bidder against factory defects. Any defects which may occur as the result of either faulty material or work- manship within the period of the manufacturer's warranty, (said warranty must accompany the bid) will be corrected by the bidder without expense to the City of Sanford. 5. Time is of great importance and the bidder's delivery date shall be specified and adhered to. Should the bidder to whom the order or contract is awarded, fail to deliver the equipment or material within the stated delivery time, the City of Sanford reserves the right to cancel the order or contract and to purchase the equipment or material elsewhere. 6. Bids shall be submitted F.O.B., Sanford, Florida. The bid price shall be net, showing the gross price and deducting the amount of applicable excise tax and any trade-in values. The City of Sanford will furnish the necessary excise tax exemption certificates. 2. Payment will be made by cash, in full, after delivery and acceptance of the equipment or material. Transfer of title shall be made as soon as possible following acceptance of equipment. 8. The City Commission reserves the right to award the order or contract on such items it deems best for the interest of the City of Sanford and/or to reject any or all bids or any part of any bid, or to re-advertise for all or any part of the equipment or material herein listed. 9. The scope of these specifications is to insure the delivery of a complete unit, ready for operation. Omission of any essential detail from the specifications does not relieve the supplier from furnishing a complete unit. If manufac- turer's standard practice does not conform to these speci- fications, bidder must advise of such difference. 1.0. ---; All equipment or material shall be new, of current manu- facture, and shall carry at least the standard and usual warranties. 11. Bidder shall specify time of delivery from date of order. .-----: () PROPOSAL o Section 1-5 _..- j' ~Q6 ; .,~ ... .... ~. .~_v. .~.. :'.:~ . )....~~ ~;., ~,;" ,,1 Ifl ~:4:,~::,::',/::::j LJ./l1l ))la,l.--~ ~('3L.)tLiU~~ ~~~WJ of. 0:' !3ffj //;3 . u f~i~~i Ir)n Okri~1 LJ, ....l1JJ /~I 33 yjlLJ, , ~~:,-,.., t7L.1..~tA>~ ~ ...."':':.557-. ~~ c w:. f':'i; 'J-:T It.,~.,~ ~\i- , Page No, 11:. j65- /197-/:106 Pages PROPOSAL SUBMITTED TO: I DATE: I r-o~lg"/",L JOB N~:' ~ )' ~ fd.Jz~JuJ J <71> STREET: d ' a;t-. i1J--Hf'4/ , '7 LL /~) )978' PHONE: NAME, l~;)' c ~ I! /' _' ir'l~ ,:t:_/ fi-~-d~?J STREET: ~ 'p' II .., C 0 tD.~t'^' --: CU7J:) ,-(2 -,U . CITY, l' t .L A: ~[?L -U-'L STATE: ~: lr) , ;;. -.. .A:~ LL '7- ,j"d /J~~Z? J ~??L~~~ We hereby submit specifications and estimates for: Ued rRt~ )1A~~lf) .;t~ &tu ) 9 7 g, ~'cUi., .a"d., fa.vL;'a f~~L ,~~ ~LW'''O ~ -a-C'c ~)I.? d-v1 ..a. >t.t t'L-v ~ iJ) ~ . . .We hereby propose to furnish labor and materials - complete in accordance with the above specifications, for ,he sum of: ,r<-!!iC711 ti,7j OJ1-1'7'lC {j.-;t.~ &do -dollars-(S I It Y (-.tv ~1' ~ with paymenllo be made as follows: ~'f ~/(J ~~1J-tvL~ ~'CLk . , ...4/ . All material is guara teed '0 be as specified, All work '0 be completed i workmanlike ma~ner according to standard practices, Any alteration or deviation from above specifications involving extra costs, will be executed only upon wrillen orders. and will become an extra charge over and above 'he estimate All agreements contingent upon strikes, accidents or detays beyond our control. This proposal subject '0 acceptance within lhereafler at 'he option of the undersigned_ ~c days and is void , -- Lt. ~ 4'1 lp,-7 'l,/' ,17 - / C'~ l:u.;-- . '" Authorized Signature I ACCEPTAN' OF PROPOSAL The above prices, specifications and conditions are hereby accepted, You are authorized to do the work as specified, Payment will be made as outlined above, ACCEPTED: Signature Date Signature ~ Section 1-6 Description of Work Bid requests for this work are received to determine the unit prices for approximately 138,468 square yards of slurry seal as a maintenance program for the streets within the city limits of Sanford, Florida. It is understood that the unit prIce lS for the applicat- lon of the slurry seal; with the City providing the aggregate and other services as described in the specifications; It is further understood, also, that the estimated quanities may vary by as much as thirty percent (30%) of those listed and described on this sheet. 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'" '" ~ 0. ;;''0 .. .. =' CJ o C .0 :: .;~ '" .. .0 '" .. > ~] E as .. s::.o .3" .::: s:: '0- '0'0 "'2 s:: .. ....;:: en Z < o-J 110 Cl ril > o c:: p... 110 < o E-< e < 110 ril c:: < en E-< ... r:. ril Z r><l l:Q r><l cen ~:E c::< r:.c:: r><lo c::O r><l~ ~c:: :::0 I o ~ '" '-" 'I " Section 3-1 GENERAL CONDITIONS Section 3-1 General Conditions NUMERICAL INDEX 1. Contract and Contract Documents 2. Definitions 3. Additional Instructions and Detail Drawings 4. Materials, Services and Facilities 5. Contractor's Title to Material 6. Inspection and Testing of Materials 7. "Or Equal" Clause 8. Patents 9. Contractor's Obligations 10. Weather Conditions 11. Protection of Work and Property-Emergency 12. . Inspection. 13. Reports, Records and-Data 14. Superintendence by Contractor 15. Changes in Work 16. Extras 17. Time for Completion and Liquidated Damages 18. Correction of Work 19. Claims for Extra Costs 20. Right of the Owner to Terminate Contract 21. Payment to Contractor 22. Acceptance of Final Payment as Release 23. Payments by Contractor 24. Contractor's and Sub- contractor's Insurance 25. Additional or Substitute Bond 26. Assignments 27. Mutual Responsibility of Contractors 28. Separate Contracts 29. Subcontracting 30. Architect/Engineer Authority 31. Stated Allowances 32. Use of Premises and Removal of Debris 33. Quantities of Estimate 34. Land and Rights-of-Way :35. General Guaranty 36. Conflicting Conditions 37. Notice and Service Thereof 38. Required Provisions Deemed Inserted 39. Safety and Health Regulations for Construction 40. Minimum Wages 41. Withholding of Payments 42. Payrolls and Basic Records 43. Apprentices and Trainees 44. Copeland "Anti-Kickback" Provisions 45. Subcontractors 46. Contract Termination 47. Overtime Requirements 48. Equal Employment Opportunity 49. Other Prohibited Interests 50. Use and Occupancy Prior to Acceptance by Owner 51. Suspension of Work 52. Employment of Local Labor 53. National Historical Preserva- tion Act of 1966 54. Clean Air Act and Ferleral Water Pollution Control Act Section 3-1 GENERAL CONDITIONS L CO~TRACT AND CONTRACT DOCUMENTS I' The Plans. Specifications and Addend:!. hereinafter enumerat~d f 0110'\.: in g the Supplemental General Conditions. shall form part of the contract. and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents. titles. headings. running headlines and marginal notes contained herein and in said documents are solely to facilitate reference to various provisions of the contract documents and in no way affect. limit, or cast light on the interpretation of the provisions to which they refer. 2. DEFINITIONS The following terms as used in these General Conditions are respectively defined as follows: a. .'Contractor": A person. firm or corporation with whom this Contract is made by the Owner. (The Owner is referred to by EDA. in other documents. as the Grantee/Borrower). b. "Subcontractor": A person. firm or corporation supplying labor and materials or only labor for work at the site of the project for. and under separate contract or agreement with, the Contractor. c, "Work on (at) the project": Work to be performed at the location of the project. including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. d. "Apprentice": (I) A person employed and individually registered in a bona fide apprenticeship program registered with the U.S, Depanment of Labor. Bureau of Apprenticeship and Training. or with a State apprenticeship agency recognized by the Bureau: or (2) a person in his first 90 days of probation;]ry employment as an apprentice in such an apprenticeship program. who is not individually registered in the program. but who has been certified by the Bureau of Apprenticeship and Traini:1g or a State Apprenticeship Council (where appropriate) to be eligible for probationary employment as an apprentice. e. "Trainee": A person receiving on-the-job training in a construction occupation under a program which is approved (but not, necessarily sponsored) by the U.S. Department of Labor. Manpower Administration. Bur~u of Apprenticeship and Training. and which is reviewed from time to time by the Manpower Administration to insure that the training meets adequate standards, ' f. The term Architect/Engineer in these General Conditions shall refer to the Public Works Director of the City of Sanford. J. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the work included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate with the contract documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions, The Contractor and the Architect/Engineer will prepare jointly (a) a schedule, filcing the dates at which special detail drav.ings will be required, such drawings. if any. to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manu facture testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subjxt to change from time to time in accordance with the progress of the work. 4. MATERP.LS. SERVICES Ar-:D FACILITIES It is und~rstood that. except as oth~rwise specifically stated in the contract documents. the Contractor shall provide and pay for all m:nerials. labor, tools. equipment. water. light. power. transportation. sup~rintendence. temporary construction of every nature. and all other services and facilities of every nature whatsoever necessary to execute. complete. and ddiver the work \\ ithin the specified time. Any work necessary to be performed after regular hours. on Sundays or Legal Holidays. shall be performed without additional e'p~nse to the Owner, 5. CONTRACTOR'S TITLE TO MATERIAL No materials or supplies for the "ork shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to ~II materials and supplies used by him in the work. free from all liens, claims or encumbrances, 6. INSPECTION AND TESTI:\G OF MATERIALS All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance "ith accepted standards, The laboratory or inspection agency shall be selected by the Owner. The Owner \'till pay for all laboratory inspection s~r\'ice direct. and ilot as a part of the contract. Materials of construction. particularly those upon which the strength and durability of the structure may depeild: shall be subject to inspection and testing to establish conformance with sp~cifications and suitability for users intend~d. 7. -OR EQliAL" CLAUSE \Vhenever a material. article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers. or vendors' nam~s. tradenam~s, catalogue numbers. etc,. it is int~nd~d merely to establish a standard; and. any material, article. or equipment of other manufacturers and \'endors which will perform adequately the duties imposed by the general design will be consider~d equally acceptable provided the material. article, or equipm~nt so proposed is. in the opinion of the Architect/Engineer. of equal substance and function, It shall not be purchased or installed b;.' the Contractor without the Architect/Engineer's written approval. 8. PATE;-..iTS The Cornractor shall hold and save the Own~r and its officers. agents, sen-ants, and employees harmless from liability of an}' nature or kind, including cost and expenses for, or on account of. any patent~d or unpatented in~'ention. process, article. or appliance manufactured or used in the performance of the contract. including its use by the O\'oner, unless otherwise specifically stipulated in the contract documents, 2 License or Royalty Fe.;: License Qnd/or Royalty Fees for the use of a procc~,> which is authoriled by the Owner of the project must be reasonable. and paid to the holder of the patent. or hi,> authorized licensee. direct by the Owner and not by or through the ContrJctor. If the Contractor uses any design. device or materials covered by letters. patent or copyright. he shall provide for such use by suitabk agreement with the Owner of such patented or copyrighted design. device or material, It is mutually agreed and understood that. ""ithout exception. the contract prices shall include all royalties or costs arising from the use of such design. device or materials. in ;J:lY way involved in the work, The Contractor and/or his Sureties shall ind::mnifv and save harmkss the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design. device or materials or any trademark or copyright in connection with work agreed to be performed under this contract. ~nd shall indemnify the Owner for any cost. expense or damage which it mav~be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion ~f the "o-rk. 9 . CONTRACTOR'S OBLlGATIO:-':S The Contractor shall and will. in good workmanlike manner. do and perform all work and furnish all supplies and materials, machinery. equipment. facilities and means. e:\cept as herein otherwise expressly specified. necessary or proper to perform and complete all the work required by this contract. within the time herein specified. in accordance with the provisions of this contract and said specifications and in accordance ""ith the plans and drawings covered by this _ contract and any and all supplemental plans and dra wings. and in accordance with the directions of the Architectl Engineer as given from time to time during the progress of the \\-ork, He shall furnish. erect. maintain and remove such construction plant and such temporary works as may be required, The Contractor shall observe. comply with. and be subject to all terms. conditioos_ requirements. and limitations of the contract and specifications. and shall do. carryon. and complete the entire work to satisfaction of the Architect/Engineer and the Owner, Al S 0 see Art icl e s 39 and 40 of the Supplemental General Conditions. 10. WEATHER CONDITIONS I In the event of temporary susp<:nsion of work. or during inclement weather. or whenever the Architect/Engineer shall direct. the Contractor will. and will cause his subcontractors to protect carefully his and their ""ork and materials against damage or injury from the weather. If. in the opinion of the Architect/Engineer. any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to so protect his work. such materials shall be remov'ed and replaced at the expense of the Contractor. 11. PROTECTION OF WORK AND PROPERTY-EMERGENCY , J The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this contracL He shall at all times safely guard and protect his own work. and that of adjacent property. from damage, The Contractor shall replace or make good any s:Jch damage. loss or injury unless such be caused directly by errol"i contained in the c,pntractorbytheDwner.orhisduly a\ltllOri.zed representative ,Also see Article 26 of the Sup- p~emental General Condltlons. In case of .an emergency which threatens loss or injury of property and/or safety of life. the Contractor will be allowed to act. without previous jnstructions from the Architect/Engineer. in a diligent manner. He shall notify the Architectl Engine.:r immediately thereafter. Any claim for compensation by the Contractor due to such extra ",ork shall be promptly submitted to the Architect/Engineer for approval, 3 '., \Vherc the Contractor has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property. he shall act as instructed or authorized by the Architect/ Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be dcter~ined in the manner provided in paragraph 17 of the General Conditions. 12. INSPECTION The authorized representatives and agents of any State or Federal agency shall be' permitted to inspect all ~ork, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records as they pertain to funding. 13. REPORTS, RECORDS AND DATA The Contractor shall submit to the Owner such schedule of quantities and costs. progress schedules. payrolls, reports, estimates. records and other data as the O\llner may request concerning work performed or tobe perform~ under this contract. 14. SUPERINTENDENCE BY CONTRACTOR At the site 'of the work, the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Architect/ Engineer. 15. CHANGES IN WORK No changes in the work covered by the approved contract documents shall be made without having prior written approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or more. or a combination of the following methods: a. Unit bid prices previously approved, b. An agreed lump sum. C. The actual cost of: (I) Labor, including foremen: (2) Materials entering p<:rmanently into the work: (3) The ownership or rental cost of construction plant and equipment during the time of use on the e:\tra \\ork: (4) Power and consumable supplies for the operation of po....er equipment: (5) Insurance; (6) Social Security and old age and unemployment contributions. To the cost under 17c, there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15~c) of the estimated cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond. profit and any other general e;1;:penses. 4 , \ 16. EXTRAS Without invalidating the contract. the 0\1. ner may order e,\tra work of the kind bid upon or make changes by altering. adding to or deducting from the work. the contract sum being adjusted accordingly. and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal. and no claims for any extra work or materials shall be allo\l.ed unless the work is ordered in writing by the Owner or its Architect/Engineer. acting officially for the Owner. and the price is stated in the order. 17. TI\tE FOR COMPLETION AND LIQUIDATED DAMAGES L,: It is hereby understood and mutually agreed. by and bet\\een the Contractor and Owner. that the date of beginning and the time for completion as specified in the contract of work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date as. mutua 11yagreed . The Contractor agrees that said work shall be prosecuted regularly. diligently. and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed. by and between the Contractor and the Owner. that the time for the completion of the work described herein is a reasonable time for the completion of the same. taking into consideration the average climatic range and usual industrial conditions- prevailing in this locality. If the said Contractor shall neglect. fail or refuse to complete the work within the time herein specified. or any proper c.\tension thereof granted by the Owner. then the Contractor does hereby agree, as a part consideration for the awardin<> of this contract. to pay to the Owner the amount specified in the c-ontract. not as a penalty but as liquidated damages fo; such breach of contract as hereinafter set forth. for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. The said amount'is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner \l.ould in such event sustain. and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the esser;ce of each an::l every portion of this ::ontract and of the specification wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is allowed for the completion of any work. the new time limit fi,\ed by such extension shall be of the esseno: of this contract. Provided. that the Contractor shall not be charged with liquidated damages or any excess cost when the O\l.l1er determines that the Contractor is without fault and the Contractor's reasons for the time extension are acce~table to the Owner; Provided further. that the Contractor shall not be charged with liquidated damages or, any CXCes5 cost \l.hen the delay in completion of the work is due: a. To any preference. priority or allocation order duly issued by the Government; \ , , b. To unforeseeable cause beyond the control and without the fault or negligence of the Contractor. including but not restricted to. acts of God. or of the public enemy. acts of the Owner. acts of another Contractor in the performance of a contract with the Owner. fires. floods. epidemics. quarantine restrictions. strikes. freight embargoes. and severe weather: and . ,- c. To any delays of subcontractors or suppliers occasioned by any o/i the causes specified in subsecti~ns a and b of this article; Provid.xl further, that the Contractor sh all. within ten (10) days from the beginning of such delay. unless the O\l.ner shall grant a further period of time prior to the date of final settlement of the contract. notify the Owner. in writing. of the cause of delay. who shall ascertain the facts and extent of the dday and notify the Contractor within a reasonable time of its decision in the matter. 5 18. CORRECTION OF WORK All .....ork, ..II materi3ls. .....hether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all time:; and places subject to the inspection of the Architect/Engineer who shall be the: final judge of the quality and suitability of the .....ork. materials. processes of manu facture. and methods of construction for the purposes for which they are used, Should they fail to meet his approval they shall be forthwith reconstructed. made good. replaced and/or corrected. as the case may be. by the Contractor at his 0\\ n e:l.pense. Rejected material shall immediatelv be removed from the site. If. in the opinion of the Architect/Engineer. it is undesirable to replace: any defective ~r damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance: with the contract documents. the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the:judgment of the Architect/Engineer shall be equitable, 19., CLAIMS FOR EXTRA COSTS No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the Owner. as aforesaid. and the claim presented with the first estimate after the , changed or extra work is done. When work is performed under the terms of subparagraph l7(c) of the General Conditions. the Contractor shall furnish satisfactory bills, payrolls, and vouchers covering all items of cost and, ....hen requested by the Owner. give the Owner access to accounts relating thereto. 20. RIGHT OF THE OWNER TO TERMINATE CO~TRACT In the event that any of the provisions of this contract ue violated by the Contractor. or by any of his subcontra_ctors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the contract. such notices to contain the reasons for such intention to terminate the contract. and unless within ten (10) days after the serving of such notice upon the ~ontractor. such violations or delay shall cease and satisfactory arrangement or correction b~ made. the contract shall, upon the expiration of said ten (I O) days. cease and terminate. In the event of any such termination. the Owner shall immediately serve notice thereof upon the Surety and the Contractor. and the Surety shall have the right to take over and perform the contract; Provided. however, that if the Surety does not commence ~rformance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination. the Owner may take over the work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor. and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned by the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work,-such materials. appliances, and plant as may be on the site of the work and necessary therefor. 21. PAYMENT TO CONTRACTOR (SEE PROPOSAL) 22. ACCEPT A~CE OF FINAL PAYMENT AS RELEASE Th~ 2cceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and 2111.iability to the Contrctor ~or all thin~s .done or fur~ished in connection with this ....ork and for every act and neglect oftne Owner and others relatmg to or arlsmg out of this work. No payment, howe\'er. final or otherwise. shall operate to releas~ the Contr2ctor or his Sureties from any obligation under this contract or the Performance and Payment Bond. 6 \ ~ . '\ 23. PAY~1ENTS BY CONTRACTOR The Contractor shall pay (a) for all transportation and utility services not lat;:r than the_ 20th day of the calendar month follo,....:ng that in which services are rendered. (b) for all materials. tools, and other. expend~ble e~uipment to th~ e~tt:Tlt of 9lf,"" of the cost thereof. not later than the 20th day of the calendar month follo"'l!1g that In whIch such matenals. tools. and equipment are deliv::red at the site of the pr~ject, and t~e balance of t~e cost thereof not. later than ~he 30th day bllowi:Jg the completion of that part of the work In or on which such materral~. tools. and equIpment are Incorporated or used. and (c) to each of his subcontractors. not later than the 5th day follOWing each payment to the Contractor. the respective amounts allowed the Contractor on accoun t of the work performed by his subcontractors to the extent of each subcontractors interest therein. Also see Supplemental General Conditions Article 33. 24. CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he h3s obtained all the insurance required under this paragraph and such insurance has been approved by the O\\ner. nor shall the Contractor allow any subcontractor to commence ...ork on his subcontract until the insurance required of the subcontractor has bc:en so obtained and approved: a, Compensation Insurance, The Contractor shall procure and shall maintain during the life of this contract Work- men's Compc:nsation Insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet. the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Con- tractor's \Vorkmen's Compensation Insurance, In acase any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmen's Compensation Statute, the Contractor shall pro- vide and shall cause each subcontractor to provide adequate employ::r's liability insurance for the protection of such of his employees as are not otherwise protected. b. Contractor.s Public liability and Property Damage Insurance and Vehicle liability Insurance. The Contractor shall procure and shall maintain during the life of this contract Contractor's Public liability Insurance, Contractor's Property Damage Insurance and Vehicle liability Insurance in the amounts specified in paragraph 6 of the Supplemental General Conditions. c. Subcontractor's Public liability and Property Damage Insurance and Vehicle liability Insurance, The Contractor shall either (I) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public liability and Property Damage Insurance and Vehicle liability Insurance of the type and in the amounts specified in paragraph 6 of the Supplemental General Conditions specified in subparagraph b hereof, or, (2) insure the activities of his subcontr:Jctors in his policy. specified in subparagraph b hereof. d. Scope of Insurance and Special Hazards, The insurance required under subparagraphs band c hc:reofshall provide adequate protection for the Contractor and his subcontractors. respectively. against damage claims ....hich may arise from operations under this contract. whether such operations be by the insured or by anyone directly or indirectly employed by him and. also against any of the special hazards ",hich may be encountered in the performance of this contract as enumerated in paragraph (, of the Supplemental General Conditions. e. Builder's Risk Insurance (Fire and Extended Coverage). The Contractor shall procure and shall maintain during the life of this contract Builder's Risk Insurance (Fire and Extended Coverage) on a 100 percent (IOO%) completed value basis on the insurable portion of the project. The Owner. the Contractor. and subcontractors (as their interests may appear) shall be named as the Insured, f. I Proof of Carriage of Insurance. The Contractor shall furnish the Owner with certificates showing the type. amount, class of operations covered, effective dates and dates of expiration of policies, Such certificates shall also contain substantially the following statements: "The insurance covered by this certificate will not be cancdled or materially altered, except after ten (10) days written notice has been received by the Owner." 7 . ~:: '\ 25. ADDITIONAL OR SUBSTITUTE BOND Ii at any time: the: Ownc:r for justifiable cause. shall be: or become dissatisfied with the Surety or Sureties for the Performance and/or Payment Bonds. the Contractor shall within five (5) days after notice from the:: Owne::r to do so. s:!bstitute an acceptable bond (or bonds) in such form and sum and signed by such othe:r Surety or Sureties as may be s2tisfactory to the OwneL The premiums on such bond shall be paid by the Contractor. No further payments shall be deemed due nor shall be: made until the new Surety or Sureties shall have furnished such an acceptable bond to the OVoneL 26. ASSIGNMENTS 27. MUTUAL RESPONSIBILITY OF CONTRACTORS If. through acts of neglect on the part of the Contractor. any other Contractors or any subcontractor shall suffer loss of damage on work, the Contractor agrees to settle with such other Contractor or subcontractor by agreement or ubitration if such other Contractor or subcontractor will so settle, If such other Contractor or subcontractor shall assert any claim against the OVoner on account of any damage alleged to ha\"e been sustaine:d. the Owne-r shall notify the Contractor. who shall indemnify and save harmless the Owner against any such claim. 28 . SEPARATE CONTRACTS The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in the detailed e,'(ecution of the work, The Contractor. including his subcontractors. shall keep informed of th.: progress and the detail work of other Contractors and shall notify the Architect/Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failur~ of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. :, 29. SUBCONTRACTING The Contractor may utilize the services of specialty subcontractors on those parts of the work which. under normal contracting practices, are performed by specialty subcontractors, .'~;_ " The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which appro\'al will not be given until the Contractor submits to the Owner a written statment concerning the proposed award to the subcontractor. which statement will contain such information as the Owner may require. - I ~ The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omis.sions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcon- tractors to the Contractor by the terms of the General Conditions and other contract documents insofar as applicable to Lie work or subcontractors and to give the Contractor the same power as regards terminating any subcontract that the O',J,-ner may exercise over the Contractor under any provision of the contract docu ments. :-;othing contained in this contract shall create any contractual relation between any subcontractor and the Owner. 8 30. ARCHITECT /Ei'GINEER AUTHORITY The Architect/Engineer shall give all ordas and directions comtempbted under this contract and sp.:cifications relative to the e,\ecution of the ""ork. The Arrchitc:ct/Engineer ~hall determine the amount, quality, acceptability. and fitness of the several kinds of \\ork 3nd material.> which are to be paid for under this contract and shall decide all questions which may arise in relation to said work and the construction thereof, The Architect/Enginet:r's estimates and decisions shall be final and conclusive. except as herein othen\ise e,\pressly provided. In case any question shall arise between the parties hereto relative to said contra.:t or specifications. the determination or decision of the Architect/ Engineer shall be a condition precedent to the right of th.: Contractor to receive any money or payment for work under this contract affected in any manner or to any extent by such question, The Architect/Engineer shall decide the meaning and intent of any portion of the specifications and of any pbn or drawings where the same may be found obscure or be in dispute, Any differences or conflicts in regard to their work which may arise between the Contractor under this contr2ct and otha Contractors performing work for the Owner shall be adjusted and determined by the Architect/Engineer, 31. STATED ALLOWANCES The Contractor shall include in his proposal the cash allowances stated in paragrap~ 5 of the Supplemental General Conditions, The Contractor shall purchase the hAllowed Materials" as directed by the Owner on the b3sis of the lowest and best bid of at least three competitive bids, If the actual price for purchasing the "Allowed Materials" is more or less than the "Cash Allowance:' the contract price sh31l be adjusted accordingly. The adjustment in contract price shall be made Oil the basis of the purchase price without additional charges for overhead. profit, insurance or any other incidental exp::nses. The cost of installation of the ':Allowed Materials" shall be included in the applicable sections of the contract Specifications covering this work. 32. USEOF PREMISES AND REMOVAL OF DEBRIS The C"ntractor expressly undertakes at his own e:\pense: a. To take every precaution against injuries to persons or damage to property: b. To store his apparatus, materials. supplies and equipment in such orderly fashion at the site of the wark as will not unduly interfere with the progress of his \\ork or the work of any other contractors; c. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; . d. To clean up frequently all refuse, rubbish, scrap materials, and debris caused by his opaations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; e. Before final payment to remove all surplus material, falsework, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations. and to put the site in a neat, orderly condition; f. To effect all cutting, fitting or patching of his work required to make the same to conform to the plans and specifica- tions and, except with the consent of the Architect/Engineer, not to cut or otherwise alter the work of any other Contractor. 9 33." QUANTITIES OF ESTIMr\ TE Where\'er the estimated quantities of work to be done and materi<!ls to be furnished on a unit price basis under this contract are sho....n in any of the documents including the proposal. they are given for use in comparing bids. and the right is expressly reserved. e,'cept as herein otherwise specific311y limited. to increase or diminish them as may be deemed reasonably necessary or desirable by the O"ner to complete the work contemplated by this contract. and such increase or diminution shall in no way vitiate this contract. nor shall any such increase or diminution give cause for claims or liability for dam3ges. 34. LAND AND RIGHTS-OF-W,-\ Y Prior to the start of construction. the Owner shall obtain all land rights-of-way necessary for the carrying out and completion of work to be performed under this contracL 35. GENERAL GUARANTY Neither the final certificate of payment nor any provision in the contract documents nor partial or entire Occupancy of the premises by the Oowner shall constitute an acceptance of work not done in accordance with the contract documents or relieve the Contractor of liability in respect to any e'press warranties or responsibility for faulty materials Or work- manship. The Contractor shall remedy any defects in the ....ork and pay for any damage to other work resulting there- from. which shall appear ....ithin a period of one year from the date of final acceptance of work unle:;s a longer period is specifjed, The Owner will give notice of obsef\'ed defects with reasonable prompt'less, The Con t r ac tor s h? 1.1 provlde a 1 year wrltten warranty on worK and materlals at the tlme of final acceptance and payment. _ 36.' CONFLICTINGCONDITIO;-';S ***VOID*** (See Article 9 of the Supplemental General Conditions) Any provision in any of the contract documents \\hich may be in connict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency, 37. NOTICEANDSERVICETHEREOF Any notice to any Contractor from the Owner rebtive to any P:Jrt of this contract shall be in writing anct"considered delivered and the service thereof completed. when said notice is posted. by certified or registered mail. to the said Con- tractor at his last given address. or delivered in person to s3id Contractor or his authorized repre:;entative on the work. 38.. REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of la wand clause required by law to be insened 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 other- wise 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 iosertion or correction. 39. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTIO~ In order to protect the lives and health of his employees under the contract. the Contr3ctor shall comply with all perti- nent provisions of the Contract Work Hours and Safety Standards Act. as amended. commonly known as the Construc- tion Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death. occupational disease. and injury requiring medical attention or causing loss of time from work. arising out of and in the Course of employment on ....ork under the contract, The Contractor alone shall be rc;ponsible for the safety. efficiency. and adequacy orhis plant. appliances. and methods. and for any damage which may result from their failure or their improper construction. mainten:.!nce. or operation. 10 '. , 40. MI~I~1UM WAGES All mechanics and labor.:rs emrloyeu or working upon tht: site of the work. or unda the Un:tt:d States Housing Act of 1937, or under the Housing Act of 19-19 in the construction or development of the project. will bt: paid uncondi. tionally and not less often than once a week, and \\ ithout subsequent deduction or rebate on any account (except such payroll deductions as are permilled by regulations issued by the S::crelary of Labor under the Copebr.d Act (29 CFR Part 3)). the full amounts due at time of payment computed at "'age rates not less than those contained in the wage determination cecision of the Secretary of labor \\hich is attached hereto and made a part hereor. regardk>s of any contractual relationship which may be alleged to exist bet\\een the Contractor and subcontractor and such J.Jborers and mechanics: and the \l. age determination decision shall be posted by the Contractor at the site of the ....ork in a p~ominent place where it can be easily seen by the \\-orkers. FOl the purpose of this clause. contributions made or costs reasonably anticipated uOlder section I (b)( 2) of the Davis. Bacon Act on behalf of laborers or mechanics are considered.... ilges paid to such laborers or mech:J.nics, subject to the provisions of29 CFR 55 (a) (I) (iv), Also for the purpose of this clause. regular contributions made or costs incurred for more than a ....eekly period under plans. funds, or programs. but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period, The Owner shall require that any class of laborers or mechanics. including apprentices and trainees. which is not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination and a report of the action taken shall be sent by the Federal age,')cy to the Secretary of labor. In the ev'ent the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics. including apprentices and trainees. to be used. the question accompanied by the rec- ommendation of the contracting officer shall be referred to the Secretary for final detamination, The Owner shall require whenever the minimum wage rate prescribed in the contrect for a class of laborers or mechanics includes a fringe benefit which.is not expressed as an hourly wage rate and the contract is obligated 10 pay a cash equiv- alent of such a fringe benefit. an hourly cash equivalent thereof to be established, In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit. the question. accompanied by the recommendation of the Owner, shall bt: referred to the Secretary of labor for determination, If the Contractor docs not make payments to a trustee or other third person, he may consider as part of the ,""ages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of labor which is a part of this contract: provided. however. the Secretary of labor has found. upon the written request of the contractor. that the applicabk 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, The Contractor agrees to comply with Executive Order 11583, issued March 29. 1971. and any other Execlltive Order, statute. or regulation regarding the stabiliz:llion of "ages :lnd prices in the construction industry. 41. WITHHOLDING OF PAYMENTS The Economic De'velopment Administration may withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the contractor or any subcontractor on the work the full amount of wages requi.ed by the contract. In the event of failure to pay any laborer or mechan ic, including any apprentice or trainee employed or ,""orking on the site of the work or under the United States Housing Act of 1937 or uncer the Housing Act of 19-19 in the con- struction or development of the project. all or part of the wages required by the contract, the Economic Dev dormeOlt Administration may. after written notice to the contractor, spunsor. applic;1nt, or Owner. take such action as m:J.)' be n~essary to cause the suspension of any further p;1yme;'1t, advance, or guarantee of funds until such violJtions hJ.ve cease<i. 11 > , 42 . PAYROLLS AND BASIC RECORDS Payrolls and basic records rebting thereto will be maint3ined during the course of the work and preserved for a period of thre.: years thereafter for all laboras and mechanics working at the site of the v.ork, or under the United States Housing Act of 1937 or under the Housing Act of 1949. in the construction or development of the project. Such ra:ords v. ill contain the name and address of each employee. his correct classification. rate; of p3)' (including rates of contribu- tions or costs anticipated of the types described in section I (b) (2) of the Davis-Bacon Act). daily and weekly number of hours worked. deductions made and actual wages paid, Whenever the Sa:retary of Labor has found under 29 CFR 5.5 (a) (I) (i\') that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan program described in section I (b) (2) (B) of the Davis-Bacon Act, the Contractor shall m3intain 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 anC(:ted, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Contractor will submit weekly a copy of all payrolls to the Economic Development Administration 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 the Economic Development Administration. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correcl'and complete, that the wage rates contained therein are not less than those determined by the Sa:retary of Labor and that the classi- fications set forth for each laborer or mechanic conform with the work he performed, A submission of a "Weekly Statement of Compliance" which is required under this contract and the Copeland regulations of the Secretary of labor (29 CFR Part 3) and the filing with the initial payr01l or any subsequent payroll of a copy of any findings by Lie Secretary of Labor under 29 C FR 55 (a) (I) (iv) shall satisfy this requirement. The Prime Contractor shall be respon- sil:Jle for the submission of copies of payrolls of all Subcontractors. The Contractor will make the records required under the labor standards clause of the contract available for inspection by authorized representatives of the Economic Development Administration and the Department of Labor ,and wi1l,permit ~ch ~epres):l1tative:; to interview.,employees during working hours on thejob, Also See Artlcle js 01: the 0upplemental General Conditions. 43. APPRENTICES ANDTRAI~EES Apprentices will be permitted to work as such only when they are registered, individually. under a bona fide apprentice- ship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training. U.S, Department of Labor; or, if no such recognized agency exists in a State. under a program registered v.irh the Bureau of Apprenticeship and Training. U,S. Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to-his entire "'ork force under the registered program. Any employees listed on a payroll at an apprentice wage rate, who is not a trainee as defined in section 2e or is not registered as above, shall be paid the wage rate determined by the Secretary of labor for the classification of work he actually performed, The Contractor or subcontractor will be required to fJrnish to the Owner written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates. for the area of construction prior to using any apprentices on the contract work. Trai:l= will permilled to work as such when they are bona fide trainees employed pursuant to a' program approved by the U.S. Department of Labor. Manpower Administration. Bureau of Apprenticeship and Training. and where the subparagraph below is applicable. in accordance with the provisions of Part Sa. Subtitle A, Title 29, Code of Federal Reg-,dations. On contracts in excess of SIO.OOO. the employment of all laborers and mechanics. including apprentices 3nd trainees. as defined in Section 2 shall also be subject to the provisions of Part 5a. Subtitle A. Title 29, Code of Federal Regula- tiOilS, Apprentices and trainees shall be hired in accordance with the requirements of Part Sa. The pro~'isions of Sections 45, 46. and 48 shall tx: applicable to every invitation for bids. and to every negoti:1tion, request for proposals. or request for quotations, for an assisted construction contract. issued after January 30, 1972, and to every such contract entered into on the basis of such invitation or negotiation. Part 5a.3. Subtitle A. Title 29, Code of Federal Regulations shall constitute the conditions of each assisted contract in exccss of S I 0,000. and each Ov.ner concerned sn311 include these conditions or provide for their inclusion, in each such contract. Parts 5a.4, 5a.5, 5a,6. and 5a.7 sh3.11 also be included in e.1ch such contract for the information oftne Contractor. 12 44. COPEl:\l\:D "ANTI-KICKBACK" PROVISIO~S These provisions of this section. 29 CFR Part 3. prescribe "Anti-Kickback" regulations unc\.t;r section 2 of the Act of June 13. 1964. as amended (~O U5.C. 276c). popularly known as the Copeland Act. Each Contractor or subcontractor shall furnish each week a Statement of Compliance. Form ED- 162. to accompany the .... ~kly submission of pay roll forms, Section 1001 of Title 18 of the United States Cod;: (Criminal Code and Criminal Procedure) shall apply to such state. ment as pro\'ided in 72 StaL 967 (18 U.s.c. 100 I. among other things. pro\'ides that whoever knov. ingly and.... illfully makes or uses a fraudulent document or statement ofentr)'. in any m:llter \\ithin the jurisdiction of any department or agency of the United States, shall be fined not more than S I 0.000 or imprisoned not more than five years. or both). The requirements of this s;:ction shall not apply to any contract ofS2.oo0 or less. Upon a written finding by the head of a Federal :.Jgency. the Secretary of Labor may provide reasonable limitations. variations, tolerances. and exemptions from the requirements of this section subject to such conditions as the Secretary' of Labor may specify. Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretar)' of labor: a, Any deduction made in compliance with the requirements of Federal. State. or local law such as Federal or State with- holding income taxes and Federal social security taxes, b, Any deduction of swns previously paid to the employee as a bona fide prepayment of wages \\hen such prepa)ment is made without discount or interesL A "bona fide prepayment of ....ages.. is considered to have been made only when cash or its equivalent has been advanced to the person employed in such a manner as to give him complete freedom of disposition of toe advanced funds. c. Any deduction of amounts required by court process to be paid to another unless the deduction is in favor of the Contractor. subcontractor:or any affiliated person. or when collusion or colbboration exists, d. Any deduction constitu~ing a contribution on behalf of the person employed to funds established by the employer or representative of employees, or both. for the purpose of providing either from principal or income. ~r both. medical or hospital care. pensions or annuities or retirement, death benefits. compensation for injuries, illn::ss. accidents. sickness, or disability, or for insurance to provide any of the foregoing. or unemployr;.;-ent benefits. vacation pay, savings accounts, or similar payments for the benefit of employees. their families and dependents: Provided. however, that the following standards are met: (I) The deduction is not otherwise prohibited by law; (2) it is either: (i) voluntarily consented to by the employee in \\fiting and in advance of the period in which the work is to l;>e done and such consent is not a condition either for the obtaining of or for the continuation of employ- ment. or (ii) provided for in a bona fide collective bargaining agreement between the Contractor or subcontractor and representatives of its employees: (3) no profit or other benefit is otherwise obtained. directly or indirectly. by the Co~tractor or subcontractor or any affiiliated person in the form of commission. dividend, or otherwise. and (4) the deductions shall serve the convenience and interest of the employee. e. Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when \'oluntarily authorized by the employee. f. Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions organized and operated in accordance with Federal and State credit union statutes. g. Any deduction voluntarily authorized by the employee for making of contributions to governmental or quasI- gO';emment agencies, h. Any deduction voluntarily authorized by the employee for making of contributions to Community Ch::sts, United Givers Funds, and similar charitable organizations. 13 I. Any deductions to pay regular union intiation fe:es and membership due:s. not including fines or spc:cial assessments: Provided. ho".:va. that a collective bargaining agrc:emc:nt bet\\ee:n the Contractor or subcontractor and rc:pre- sentatives of its emplo) ees provided for such deductions and the deductions are not otherwise prohibited by law. J. Any deduction not more than for the: "reasonable cost". of board. lodging. or other facilities meding the require- ments of section 3{m) of the Fair labor Stand..trds Act of 1938. as amenued. and Part 531 of this titk, \Vhen such a deduction is made. the: additional records required under S516,2:'(a) of this title shall be kept. 45. SUBCONTRACTORS The Contractor will insert in any subcontr<lcts the: clauses contained in 29 CFR 5.5{a)( I) through (5) and (7) and such other clauses as the: Economic Devdopme:nt Administration may by appropriate instructions require:. and also a clause requiring the subcontractors to include these clauses in any IO\l,er tier subcontr<lcts which they may enter into. together with a clause re:quiring this insc:rtion in any further subcontracts that may in turn be made. 46. CONTRACT TERMI:-:A TION A breach of sections 4-4 through 50 may be grounds for termination of the contract. and for de:barme:nt as provided in 29 CFR 5.6, 47. OVERTIME REQUIREMENTS No Contractor or subcontractor contracting for any part of the contract \\ork which m<lY require or involve the em- ployment of bborers or mechanics shall require or pe:rmit any labora or mechanic in any \\orkweek in ....hich he is employed on such work to work- in excess of eight hours in any cale:nd3f day or in e_\cess of forty hours in such work- week unless such laborer or mechanic receives compensation at a rate: not less than one: and one-half times his basic rate of pay for all hours in e,\ce:ss of eight hours in any cale:ndar d:1) or in excess of forty hours in such workweek. as thecase ma)' be, In the event of any violation of the c1.iuse set forth in the subsection above. the: Contractor and any subcontractor responsible therefor. shall be liable: to any affected employee for his unpaid wages, In addition. such Contractor and sub- contractor shall be liabk to the United States (in the case of "ork 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 cmplo)'ed in violation of the clause set fonh in the above subsection, in the sum of S I 0,00 for each calendar day on which such emplo~ ee was required or' permitted to work in excess of eight hours or in e,\cess of the standard work week of forty hours without pa)ment of the overtime wage:s required by the clause set forth' in subsection above, . The Economic Development Administration may withhold or cause to be \\ ithheld. from any mone)s payable: on ac. count of work perfo.mcd by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subco;Jtractor for unpaid wages and liquidated damaoc:s as provided in the clause set forth above. '" The Contractor shall insert in all subcontracts the clause set forth in the :Jbove subsections of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made, 14 48. EQuAL EMPLOYMENT OPPORTUNITY ;-';0 person in the United States sh<J11. on the grounds of race. color. n<Jtional origin. or sex. be excluded from participa- tion in. be denied the benefits of. or be subjected to discrimination unda any program or activit). receiving Federal fi- n2n.:ial assistance. Reference Titk \'1 of the Civil Rights Act of 1964 (42 USC 200Od) and Section 112 of Public law 92-65. Fcorm E 0:\ -503. The Recipient and all Contractors. subcontractors. suppliers. lessee:s and other partio:s directly partici- pating in the: Recipient's project agree that during <Jnd in connection with the asso.:i:Jted agreeTllent relating to the Fed- er211) 2ssisterl program. (i) they \\ ill comply. to the e,\tent <Jpplicable. as Contractors. subcontractors. lessees. suppliers. or in any other cap3city. ",ith the :lpplicable pro.-isions of the Regubtions of the United States Department of Com- me.ce (Part 8 of Subtitle A of Title IS of the Code of Fed<::ral Regulations) issued pursu3nt to Title VI of the Civil Rights Act of 19M (P,L. 88- 352). and will not thereby discriminate against any person on the grounds of r<Jce. color. or na- tional origin in their employment practices. in any of their own contractual arrangements. in all services or accommoda- tions ",hich Liey offer to the public. and in any of their other business operations. (ii) they ",ill provide information re- quired by or pursuant to said Regubtions to ascertain compliance with the Regulations and these assuranccs. and (iii) Licir non-compliance with the nondiscrimination rtXjuireTllents of said Regulations and these assurances shall constitute a breach of their contractual arrangements with the Recipient whereby said agreements may be c:.mcelled. terminated or sus;r.=nded in ",hole or in part or may be subject to enforcement otherwise by appropri;Jte legal proceedings. E\ecuti...-e Order 11246.30 Fed, Reg, In 19 (1965) (Equ:l1 Opportunity Cbuse)_ During the perform:lnce of this contract. the Contractor agrees as follows: a. The Contractor will not discriminate ag:linst :lny employee or applicant for emplo)ment because of race. color, religion. se.\. or national origin, The Contractor will t:lke affirmative action to ensure the applicants are employed. and tl'lat employees are treated during employ men!. without reg:lrd to their race. color. religion. sex. or national origin, Such action shall include. but not be limited to the follo\\ing: employment. upgrading. demotion. or transfer; recruitment or recruitment advertising; layoff or termination: rates of pa: or other forms of compensation: and selection for tr:lining. including apprenticeship, b, Th~ Contractor agrees to post jn conspicuous pbces available to employees and applicants for employment. notices to be provided by the contracting officer setting forth the provisions of this non-discrimination clause. The Contractor will. in all solicitations or advertisements for employees placed by or on behalf of the cont-ractor. state that all qualified applicants will receive consideration for employment without regard to race. color. religion, se\. or n;..tional origin, ' c. d. The Contractor will send to each bbor union or representative of workers with \\hich he has a collective bargaining agreement or other contract or understanding. a notice to be provided by the agency contracting officer. advising the labor union or workers' representative of the Contractor's commitment under Section 202 of Executive Order 1'0. 11246 of September 24. 1965. and shall post copies of the notice in conspicuous places available to employees and applic2.nts for employmenL The Ccntractor will comply with all provisions of Executive Order No, 11246 of September 24. 1965. and of rules, regulations. and relevant orders of the Secretary of labOL e. ( The Contractor will furnish all information and reports required by Executive Order No, 11246 of September 24. 1965. and by rules. regulations. and orders of the Secretary of labor. or pursuant thereto. and will permit access to his bvvks. record. and accounts by the contracting ag<::ncy and the Sex-retar) of labor for purposes of investigJ- tion to 3Scertain compliance \\ith such rules. regutJtions. <Jnd orders, Each Contractor and subcontractor of Fed- erally financed construction \~ork is requir~d to file an Equal Employment Opportunity Employer Information Report (EEO-I on Standud Form 100) annuJlly on March 31. Forms and instructions are available at the EDA Regional Office, . 15 g, 1;1 the e\'cnt of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any such rules. regulations. or orders. this contract may be cancelled. terminated or suspended in ....hole or in part and the Contractor may be declared ineligible for further Govc:rnment contracts in accordance with procedures authorized in Executive Order No, 112"'6 of September 24. 1965. and such othc:r sanctions may be imposed (and remedies in\'olved) as pro\'ided in Executi\'e Order No. 11246 of September 24. 1965. or by rule. regulation. or order of the So::retary of labor. or as otherwise provided by law. h, The Contractor will include the provisions of paragraphs a through h in every subcontract or purchase order unless exempted by rules. regulations. or orders of the Secretary of labor issued pursuant to Section 104 of Executive Order No. 11246 of September 24. 1965. so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with reslXct to any subcontractor or purchase order as the contracting agency may diro::t as a means of enforcing such provisions including sanctions for noncompliance; Provided. however. that in the event the contractor becomes involved in. or is threaten~ with litigation with a subcontractor or vendor as a result of such direction by the contracting agency. the Contractor may request the United States to enter into such litigation to protect the interests of the United States. i Exempticns to Above Equal Opportunity Clause (41 CFR Chap. 60): (I) Contracts and subcontracts not exceeding $ 10.000 (other than Government bills of lading) are exempt. The amount of the contract. rather than the amount of the Federal fin3J1cial assistance. shall govern in determining the applicability of this exemption, (2) Except in the case of subcontractors for the lXrformance of construction work at the site of construction. the clause shall not be required to be inserted in subcontracts bdow the second tier. (3) Contracts and subcontracts not exceeding $100.000 for standard commercial supplies or raw materials are exempt. 49. OTHER PROHIBITED INTERESTS No official of the Owner who is authorized in such capacity and on behalf of the 0\, ner to negotiate. make. ac~ept or appro\'e. or to take part in negotiating. making. accepting. or approving any architectural. engineering. ins~tion. cOilstruction or material supply contract or any subcontract in conn~ction ....ith the construction of the project. shall be:come dire(:tly or indirectly interested personally in this contract or in any part hereof. No officer. employe~. architect. attorney. engineer or inslXctor of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative. executive. supervisory or other similar functions in connection with the construction of the projo::l, shall become directly or indirectly interested personally in this contract or in any part thereof. any material supply cOP-tract. subcontract. insurance contract. or any other contract pertaining to the project. 50. USEANDOCCUPANCY PRIOR TO ACCEPTANCE BYOWNER The Contractor agrees to the use and occupancy of a portion or uni t of the proj ect before formal acceptance by the Owner., 16 " , 51. SUSPEi'\SIO~ OF WORK Should the O'.\ner be prevented or enjoined from proceeding "ith work or from authorizing its prosecution either before or after its prosecution. by reason of any litigation. the Contr<Jctor sh<JII not be entitled to make or assert claim for damage by reason of said delay. but time for compktion of the v.ork v. ill be extended to such reasonable time as the Owner may d<:termine.... ill compensate for time lost by such deby v.ith such determination to be set forth in writing. 52., EMPLOYME~TOFLOCALLABOR The maximum feasible employment of local labor shall be made in the construction of public "orks and de':elopment facility projects receiving direct Federal grants. Accordingly. e\-ery Contractor and subcontractor undertaking to do work on a::y such project.... hich is or reasonably may be done as on-site work. shall employ. in carrying out such contract work, qualified persons ....ho regularly reside in the designated area ....here such project is to be locat:d, or in the case of Economic De\-elopment Centers. qualified persons ....110 regularly reside in the center or in the adjacent or nearby redevelopmeni areas within the Economic Development District. ncept: a. To the e_,<tent that qualified persons regubrly residing in the designated area or Economic Development District are not a\-ailable: b. For the reasonable needs of any such Contractor or subcontractor, to mlploy supervisory or specially experienced individu21s necessary to assure an efficient execution of the contract: c, For the obligation of any such Contractor or subcontractor to offer employment to present or former employees as the result of a lawful collective bargaining contract. provided that in no event shall the numbt:r of non-resident persons employed under this subparagraph e,'{cec:d tweilty percent of the total number of employees employed by such ContTactor and his subcontractors on such project: Every such Contractor and subcontractor shall furnish the United States Employment Service Office in the area in which a public works or de\'e1opment facility project is located" ith a list of all positions for which it may from time to time require laborers, mechanics, and other employees. the estimated numbers of employees required in each _classi- fication. and the estimated dates on \\hich such employees will be required: The Contractor shall give full consideration to all qualifi~d job applicants referred by the local employment service, but is not required to employ any job applicants rderred "hom the Contractor does not consider qualified to p.:rform the classification of work required; The payrolls maintained by the Contractor shall contain the following information: The employee's full na.'11=. address and social security number and a notation indicating whether the employee does. or does not, normally reside in the area in which the project is located, or in the case of an Economic Development Center, in such center or in an adjacent or nearby redevelopment area within the Economic Development District as well as an indication of the ethnic back- ground of each worker. The Contractor shall include the provisions of this condition in e\'ery subcontract for work which is, or reasonably may be, done as on-site work. 17 '. . 53. NA TIO~:\L H ISTORIC PRESERVATION ACT OF 1966 The contr2ctor agrees to contribute to the preser'v;Jtion and enhancement of structure:> and objects of historical, ;Jrchi- teciural or archaeological significan:e \\hen such items are found and/or unartl',ed during the course of project con- struction cnd to consult with the State Historic Preserv;Jtion Officer for recove~ of the items, (Reference: National Historic Preservation Act of 1966 (SO Stat 915.16 USC 470) and ExecutiveOrcer :--:0.11593 of May 31. 1971.) 54. CLEA~ AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT The Contractor agrees to comply with Federal clean air and water standards c'.:ring the performanl:e of thi:> contract and specifically agrees to the following: a. The term "facility" means (a) any building. plant. installation. structure. mir1~. \ esse! or othc:r floating craft. location or site of operations (b) owned. leased. or supavised (c) by the l:ontractor ar:d the :>ubcontractors (d) for the con- struction. supply and service COOl tracts entered into by the contractor: b. that any facility to Ix: utilized in the accomplishment of this contract i:> no! bted on the Environmental Prot~tion Agency.s Li:>t of Violating Facilities pursuant to 40 CFR. Part 15,20: " c. that in ihe event a facility utilized in the accomplishment of this contraci Ix:co;no listed on the EPA list. this contract may be cancelled. terminated or suspended in whole or in part: d, that it will comply with all the requirements of Section 114 of the Air Act a~d Section 308 of the Water Act relating to inspection. monitoring. entry. reports. and inform:llion. as well as all other requirements specified in Section 114 and Section 308. respectively. and all regulations and guidelines issued th~reu;;der: c. that it will promptly notify the Government of the receipt of any notice from L;e Director. Office of Federal Activi- ties. Environmental Protectiun Agency. indicating that any facility utilized or to be utilized in the accomplishment of this contract is under consideration for listing on the EPA list of Violating Facilities: I r. that it "ill include the provisions of par;Jgraph,; a, through g, in cvay subcontract or pur~hase orda cr-tercd into for the purpo:>e of accomplishing this contract. unless otherwise exempted pursuant to the EPA regulations imple- menting the Air or \Y ater Act (~O C FR. Part IS,)). so th:lt such provisions will be binding upon cach subcontractor or \-endor: ) g. that in the event that the contractor or the sutx:ontral:tor5 for the cunstruction. suppl)' and service contr;!cts entered into for the purpose of accomplishiOlg this contract "ere e,<empted from complying with the ahove requiremcnts under the provisions of 40 erR. Part 15,5(a). the exemption shall be nullified should the f;Jcility givc rise to a criminal conviction (See 40 CFR. Part 15,20) during the accomplishment of this contrac!' Furthermure. with thc nullification of the exemption. the Jbove requirements shJII be effective. The contractor shJ.lI notif\ the Govcrn- mer-t. as soon as the contractor or the subcontractors' facility is listed for having given rise to a crimi~:ll conviction noted in -to CFR. Part 15.20, ] -, ~ i -.J J .J 18 , . Section 4-1 SUPPLE~lE\'TAL GENERAL CONDITIONS '. Section 4-1 Supplemental General Conditions NUMERICAL INDEX 1. 10 Percent Minority Business Utilization Commitment. 2. Employment of Illegal Aliens. 3. Utilization of United States Products. 4. Employment of Veterans. 5. Stated Allowances. 6. Special Hazards. 7. Manpower' Utilization Report. 8. Schedule of Occupation Classifications and Minimum Hourly Wage Rates. 9. Correlation, Priority and Intent of the Contract Documents. 10. Additional Instructions and Detail Drawings. 11. Materials, Services and Facilities. 12. Deduction for Uncorrected Work. 13. Correction of Work After Final Payment. 14. Payments Withheld. 15. Waiver of Liens. 16. Visiting Site. 17. Notice of Starting and Stopping Work. 18. Cleaning Up. 19. Specification Divisions. 20. Maintenance of Existing Service Utilities. 21. Tests, Approvals, Inspections, and Interests of Regulatory and Other Parties. 22. Bidder's Qualifications. 23. Protection of Work, Property & Persons - Emergency. 24. Construction Water. 25. Florida Statutes Regarding Employment of Apprentices and Trainees. 26. Notice to Bureau of Apprenticeship. 27. Subcontractors. 28. Payments to the Contractor. 29. Payroll Reporting Forms. 30. On-Site Labor. 31. Inspection. 32. Increased or Decreased Quantities. 33. Restoration of Property and Grassing. ", Page 1 SUPPLEMENTAL GENERAL CONDITIONS 1. 10 PERCENT MINORITY BUSINESS UTILIZATION CO~WITMENT: The contractor agrees to expend at least 10 percent of the contract, if a~arded, for bona fide minority business enterprises. For purposes of this paragraph the term "minority business enterprise" m~ans a b~siness at least 50 percent of which is owned by minority group members or, in case of a publicly owned business, at least 51 percent of the stock of which is owned by minority group members. For purposes of the preceding sentence -minority group members" are citizens of the United States who are Negroes, Spanish-speaking, Orie~tals, Indians, Eskimos, and Aleuts. No partial or complete waiver of the foregoing requirement shall be granted by the ~~er and approved by the Economic Development Adoinistration other than in exceptional circumstances~ To justify a waiver it must be shown that every feasible attempt has been made to comply, and it must be demonstrated thai sufficient, relevant, qualified minority business enterprises (which can perform sub-contracts or furnish supplies beyond those already specified in the contract bid) are unavailable in the market area of the project to enable meeting the 10 percent minority business enterprise goal. If it appears that less thilii 10 percent of the contract funds (or whatever lower percentage has been authorized by waiver) will be e^~ended to such enterprises, this contract will be suspended or terminated unless (a) the expenditure shortfall is not the fault of the contractor or (b) the contractor satisfactorily de~onstrates it ~ill make up for the shortfall during the balance of the contract period. Any waivers hereunder are subject to the approval of the - Econo~ic Development Administration. ,; I The contractor further agrees to cooperate with the ~.mer in furnishing the Economic Development Administration with reports on ninority business enterprise utilization after award and at 40 percent completion of the project. Page 2 2. E~lPLOY~lENT OF ILLEGAL ALIENS: During tte performance of this contract the contractor agrees not to employ on such project any alien in the United States in viOlation of the Immigration and Nationality Act or any other law, convention, or treaty of the United States relating to the immigration, exclusion, deportation, or expulsion of aliens. The contractor will include the provisions of the preceding paragraph in every subcontract so that such provisions will be binding upon each subcontractor. .). UTILIZATION OF UNITED STATES PRODUCTS: The contractor ~grees to use and cause to be used in such project by all his subcontractors, only such unmanufactured articles, materials, and supplies as have been mined or pro- duced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in the United States substantially all from articles, materials, and supplies nined, produced, or manufactured, as the case may be, in the United States. EDA may determine that for specific projects this requirement does not apply. ' 4. E~1PLOY~lENT OF VETERANS: The contractor azrees to provide certification that special' consideration, consonant with ,existing applicable collective bargaining agreements and practices, shall be given to the employment on the project of qualified disabled veterans as defined in 38 USC 2011(1), and to qualified Vietnam-era veter- ans, as defined in 38 USC 2011(2)(A). 5. STATED ALLOWA..NCES: Pursuant to Section 36 of the General Conditions, the contractor shall include the following allOi-lances ln his proposal: (a) For (Page of Specifications) $ N/A (bY For (Page of Specifications) $ N/A (c) For (Page of Specifications) $ N/A (d) For (Page of Specifications) $ N/A (e) For (Page of Specifications) $ N/A- (f) For (Page of Specifications) $ N/A Page 3 6. SPECIAL HAZARDS: The contractor and his subcontractor's Public Liability and Property Damage Insurance shall provide adequate protection against Public Liability, Property Damage, and Vehicular Liability. As required under paragraph 28 of the General Conditions; the contractor's Pu~lic Liability Insurance shall be in an amount not less than $200,000 for Bodily Injury, including accidental death to anyone person and an amount not less- than $500,000 on account of any. one occurrence. Property Damage Insurance in an amount not less than $100,000 per occurrence and $200,000 aggregate. Vehicular Liability of $100,000 for anyone person or $200,000 for each occurrence. The contractor shall either (a) require each of his sub- contractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage and Vehicular Liability of the type and in the sw~e amounts as specified in the preceding paragraph or (b) insure the activities of his subcontractors in his OHn policy. 7. ~.L:\.:\POWER UTILIZATION REPORT: If the work u~der this contract is to be performed in a geographical area covered by bid conditions issued by the Office of Federal Contract Compliance, the contractor shall submit to the Office of Civil Rights, EDA, in Washington, D.C., and to the appropriate Regional Office by the fifth day of each month, a l'-JanpOlver Utilization Report, using Optional Form 66. 8. SCHEDULE OF OCCUPATION CLASSIFICATIONS AND MINIMUM HOURLY WAGE R~TES AS REQUIRED UNDER PARAGRAPH 4S OF THE GENERAL CO~DITIONS ARE PART OF THIS CONTRACT. p , '. rid:l<~'y~l-S C2.rpentL"rS ~0~crcte finishers 12ctricians YOI'D setters Tro~wo~kers> rcinforcin~ 2bo:::-ers: L2.borers ;'s;>h21<:: r2.kers Pipel2.yers _ruck drivers He1cers R2.te for cr2.ft o~er Equipment Operators: Asphalt distributors J..sph21t mixers As?~alt paving r.achine Asp'ha1 t pl;mt Asph21t plant urier ;\sp},Cl1t screed L?-d:hoe Bulldozer Cb~crete bat ching plant Concrete paving wachioe CYZloe::; > 'derricks> dr2g1ines 1 Gr2d2l1 L02.aers. front end l-:~chanics I' }rotor graders Oiler - Greaser Pave~ent striping B2chine Piledriver - le2Gssan P,ollcL's: Ease Fi~ i.S~l Scrapers Tug b03t o?~rators ~idcning spre2d2r nachinc i~~~~~y b- RI. l';':'0 11 {,: H --- $3.25 3.93 3.42 5.95 3.25 3.00 2.65 3. all 2.75 2.65 3.14 3.50 3.18 2.98 3.25 3.111 3.23 3.13 3.50 3.65 3.92 3.59 3.10 3.53 3.49 2.76 3.00 5.00 2.70 2..S3 3.00 2.85 3~6S F!1Tl!(;S }~2~1':2I'J.'S Pl,ll'~'J'I'S p;,;:' ]:.;8 ! \' !:~:/:,~.;: 1 o:(L~p [l~~r~~___ ~ f j t !: .. ;; . .' t r i f I I I <:- ~- 1-. l f- .' r i.. ~ l . f f, r I (7-24-78 - Check c rrent rates f~r revision ) . '. Page 4 9. CORRELATION, PRIORITY AND INTENT OF THE CONTRACT DOCU~IENTS: VOID Article 41 of the General Conditions, CONFLICTING CONDITIONS, and add the following in its place: The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. The intention of the documents is to include all labor and material reasonably necessary for the proper execution of the Work. It is not intended, hOKever, that materials or Work not covered by, or properly inferable from, any heading, branch, class or trade of the Specifications shall be supplied, unless distinctly so noted in the Plans or called for in the ' Contract Documents. Materials or Work described in words which, so applied, have a well knoKn technical or trade meaning shall be held to refer to such recognized standards. When the Specifications and Plans conflict, the Specifications shall govern. In the event that any provlslon of one Contract Document ' conflicts with the provisions of anotller Cantlact Document, the provision in that Contract Document fir~t listed below shall govern except as otherwise specifically stated: Change Order Contract Addenda Proposal Information for Bidders Advertisement for Bids Specifications Supplemental General Condition~ General Conditions 10. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS: All such additional instructions and detail drawings shall be consistent with the Contract Documents, true developments thereof, or reasonably inferable therefrom. The Work shall be executed in conformity ,therewith and the contractor shall do no Work without proper drawings and instruction. In giving such additional instructions, the Engineer shall have authority to make minor changes in the Work, not involving extra cost, and no~ inconsistent with the purposes of the project. Page 5 11. ~~TERIALS, SERVICES h~D FACILITIES: Unless otherwise specified, all material shall be new and shall be of good quality and in good condition. If not otherwise provided, materials or Work called foi in this Contract shall be furnished and performed in accordance with ,.:ell-known, established practice and standards recog- nized by Architects, Engineers, and the trade. As soon as possible after the execution of the Contract, on all contracts incorporating manufactured items, the contrac- tor shall submit to the Engineer for approval the name of the manufacturer of each item proposed to be purchased, toge- ther with a complete description of the item and catalogue ' cuts. No final purchase of major equipment items shall be made until the written approval of the Engineer is obtained. The contractor shall furnish the Engineer~ for approval, full written information concerning the materials, equipment, or articles which he contemplates inc6rporating in the Work. Samples of materials shall be submitted for approval ,{hen so directed. Machinery, equipment, material~ and articles_ instal- led or used without such approval shall be at the risk of subsequent rejection. .12. DEDUCTION FOR UNCORRECTED WORK: If the Engineer and Owner deem it inexpedient to correct Work injured, or done not in accordance with the Contract, the difference in value, together ~ith a f~ir allowance for damage, shall be deducted from the contract amount. 13. CORRECTION OF WORK AFTER FINAL PAYJ-.IENT: Neither the final certificate for payment nor any provision in'the Contract Documents, nor the Engineer's final certifi- cate of satisfactory completion and acceptance of the work shall relieve the contractor of responsibility for negligence or faulty materials or workmanship within the extent and period provided by law, and upon written notice, he shall remedy any defect due thereto and pay for any damage to other Work resulting therefrom. Page 6 14. PAYMENTS WITHHELD: The Owner may withhold from payment to the contractor such an amount or amounts as may be necessary to cover: For defective Work not remedied or Work not satisfactorily completed. The Owner will disburse, and shall have the right to act as agent for the contractor in disbursing, such funds as have been withheld pursuant to this paragraph, to the party or parties who are entitled to payment therefrom under the same terms and conditions outlined in General Condition 46. 15. WAIVER OF LIENS: Neither the final payment nor any part of the retained percentage shall become due until the contractor shall deliver to the Owner a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed; but the contractor may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify himself against any lien. If any lien remains unsatisfied after all payments are made, the contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. 16. VISITING SITE: The bidder shall visit the site of the proposed work that he may fully understand the facilities, difficulties, and restric- tions attending the execution of the Contract. He will be allowed no additional compensation for his failure to be so informed. .. '. Page 7 I\'0TI CE OF ST;,RTING A.ND STOPPING WORK: 17., The contractor shall notify the Engineer ln writing forty- eight (48) hours before starting work at the site on this Contract of his intention to do so. In case of a temporary suspendion of the Work, he shall give a similar notice of suspending work and before resuming work. 18. CLEA0: L\'G UP: Followirig completion of construction in an area, all excess materials shall be removed and the right of way shall be finish graded, cleaned up, and grassed and mulched to provide a pleasing and complete finish appearance. 19. SPECIFICATION DIVISIONS: The separation in the Specifications of any of the Contract Divisions of the Work into Sections is merely for the con- venience of reference. Although such separation may facilitate the awarding of subcontracts by the contractor, ~uch separa- tions are not intended and shall not be deemed to make the Engineer an arbiter to establish subcontract limits between the contractor and his subcontractor. Each subcontractor is requested to carefully examine his Plans and Specifications to determine in what way his Work Hill be affected by the Work of other trades and exactly \\'-hat Work he will be required to perform in connection with ~he Work of the other subcontractors. 20. ~~INTENANCE OF EXISTING SERVICE UTILITIES, STREETS, TRAFFIC AND ACCESS TO PRIVATE PROPERTY: ~ This item is included as an addition to Article 11 of the General Conditions. The contractor shall be responsible for interference with, or damage to, any existing service utilities and shall repair or replace said service utilities with the least possible delay at his own expense. He shall be responsible for main- taining reasonable water and, other utility service throughout th~ construction period without undue interruption of service. This project is located in an area of existing residences, and, reasonable access Qust be allowed for these residents and other traffic during construction. The Contractor's construction schedule and plan shall take in account maintenance of reasonable through traffic and reasonable access to residences, and shall be submitted for review and approval by the Engineer and the Owner. .... -'.. Page 8 It is anticipated that certain areas at a given time during construction will be closed to traffic while other adjacent areas will be open to traffic, thereby maintaining some through traffic capability and reasonable access to residences. The Contractor shall coordinate his activities and cooperate with the Owner and his various departments (police, fire, public works, utilities, refuse collection, and other utility companies, etc.) in order to accomplish the project construction reasonably while still maintaining reasonable public traffic and services and protection in the general area. Traffic routes and access of trucks and construction equipment to the construction area shall also be coordinated with the Owner and subject to his review and approval. 21. TESTS, APPROVALS, INSPECTIONS, AND INTERESTS OF REGULATORY AND OTHER PARTIES: After completion of the Work to be performed under this Contract, the contractor shall make any and all tests required by these Contract Documents, Municipal, or State regulations, and, where so provided in said regulations, shall furnish the Owner with certificates of inspection by the Municipal or State regulatory bodies. 22. BIDDER'S QUALIFICATIONS: The Owner reserves the right to require from the Bidder, prior to the award of the Contract, a detailed statement regarding the business and technical organization and plant of the Bidder that is available for the Work that is contemplated. Information pertaining to financial resources, experience of personnel, equipment, and previously completed construction projects may also be required. Any bidder may be required by the Owner to submit additional data to satisfy the Owner that such bidder is equipped and pre- pared to fulfill a contract should a contract be awarded to him. The competency and responsibility of bidders and of their proposed subcontractors will be considered in making awards. The Owner does not obligate itself to accept the lowest or any other proposal. ~ '. Page 9' 23'. PROTECTION 01 WORK, PROPERTY & PERSONS El'-IERGE::CY ~.rodi fy the title of Art ic 1 e 13 of the General Condi t ions as shown above and add the following: The CONTR.!\CTOR Hill be responsible for initiating, maln- taining and supervising all safety precautions and programs in connection with the WORK. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all materials or equip- ~ent to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, Halks, pavements, roadways, structures and utilities not designated for re- moval, relocation or replacement in the course of construction. He 'viII erect and maintain, as required by the conditions and progress of the 110RK, all necessary safeguards for safety and protection. The CONT~\CTOR will remedy all da~age, injury or loss to any property caused, directly on indirectly, in whole or in part, by the CONTR.L\CTOR, any SUBCONTRACTOR or anyone directly or indirectly employed by any of them or anyone for whose acts any of them be liable, except damage or loss attributable to the fault. of the CONTRACT DOCUMENTS or to the acts or omissions of the O1\NER or the ENGINEER or anyone employed by either of them or anyone for whose acts either of them Day be liable, and not attributable, directly or indirectly, in whole or in part,to the Iault or negligence of the CONTfu\CTOR. 24. CONSTRUCTION WATE,R: The Owner will provid~ water for constructipn purposes. 25,~ ' FLORIDA STATUTES REGARDING EMPLOYMENT OF APPRENTICES AND. TRAINEES: The following paragraphs deli~eate requirements as set forth Florida Statutes 446.101(2), General Authority 446.031(2) entitled "Apprentice and Trainee Enployment Requirements," Section 8~~-4.03 adopted Septenber 11, 1973. ln 1. Each and every contract between a contractor or supplier and a state agency, county, or mun5cjpality in excess of $25,000 shall contain the following or eouivalent contract c]auses: . ' a. Contractor or supplier agrees to make a diligent effort to hire for the performance of the contract a number of apprentices or trainees in each occupation which bears to the average number of the journeymen in that occupation to be employed in the performance of the contract, the ratio of at least one apprentice or trainee to every five j ourneYr.len. ... ..~ Page 10 b. Contractor or supplier agrees, when feasible to " assure that 2S percent of such apprentices or trainees are in their first year of training, except when ' the nLL'1ber of apprentices or trainees to he hired is fewer than four. c. Contractor or supplier agrees to submit at three- Bonth intervals, to the Bureau of Apprenticeship of the Division of Labor, records of e~ployment by trade of the nQ~ber of ~pprentices or trainees employed; rate of all apprentices; the numb8r of apprentices or trainees in their first year of training; and the total hours of work of ~ll apprentices, trainees, and journey- Ben. d. Contractor or supplier agrees to submit to the Bureau of Apprenticeship of the Division of labor, at three-month intervals, a statement describing steps taken toward making ~ diligent effort in the "hiring of apprentices and trainees and containing a breakdown by craft of hours worked and wages paid for first-year apprentices or trainees, other appren- tices or trainees and. journeymen" . , 2. Feasibility as required by clause let) of this section shal~ be measured by the following- criteria: a. The availability of training opportunities for first-year apprentices or traine~s; , I I 'b. The hazardous nature of the work for beginning l\"orker s; and c. The excessive unenploy@ent of apprentices or trainees in their second or subsequent years of training. 3. Diligent effort as required by l(b) of this section shall be deemed satisfied if the contractor or supplier accomplishes at least one of the following three objecti~es: a. The contractor or supplier, if a single project, eRploys a number of apprentices or trainees at least equal to the ratio of one apprentice or trainee to every five journeymen. b. The contractor or supplier, on all his public work combined in the labor market area, employs an average nl~ber of apprentices or trainees to every five journeymen. . '", ~. Page 11 c. The contractor or supplier (if covered by a collec- tive bargaining agreement) gave written notice, before commencement of work, to all joint apprenticeship committees and the Bureau of Apprenticeship or (if not covered by a collective bargaining agreement) gave written notice before commencement of work, to the Bureau of Apprenticeship and all nonjoint apprenticeship sponsors in the labor market area and employed all qualified applicants referred to him through normal channels at least equal to the ratio of one apprentice or trainee to every five journeymen. 26'. NOTICE TO BUREAU OF APPRENTICESHIP: The notice must include: the contractor's or supplier's name and address; the job site address; the value of the contract; expected starting and completing dates; estimated average number of employees in each occupation to be employed over the duration of the contract, and a statement of willing- ness to employ a number of apprentices and trainees at least equal to one apprentice or trainee to every five journeymen. The requirements of the clause l(c) of this section shall be deemed satisfied if submitted on FDC Form BAP-SOO. This form may be procured from the Bureau of 'Apprenticeship of the Division of Labor, Room 203, Ashley Building, 1321 Executive Center Drive, T?llahassee, Florida 32301. 27 - SUBCONTRACTORS: The contractor shall not employ any subcohtractor or other person or organization (including those who are to furnish the principal items of material or equipment), whether initially or as a substitute, against whom the Olmer or the Engineer may have reasonable objection. A subcontractor or other person or organization'identified in writing to the Owner and the Engineer by the contractor prior to the Notice of Award and not objected to in writing by the ~mer and the Engineer prior to the Notice of Award will be deemed 'acceptable to the Owner and the Engineer. Acceptance of any subcontractor, other person or organization by the Owner or the Engineer shall not constitute a waiver of any right of the Owner or the Engineel to reject defective work or work not in conformance with the Contract Documents. If the Owner or the Engineer after due investigation has reasonable objection to any subcontractor, other person or organization proposed by the contractor after the Notice of Award, the contractor shall submit an acceptable substitute and the Contract Price shall be increased #. '-'" '10.. Page 12 or decreased by the difference in cost occasioned by such substitution, and an approp~iate Change Order shall be issued. The contractor shall not be required to employ any subcontractor, other person or organization against whom he has reasonable objection. The contractor shall not without the consent of the Owner and the Engineer make any substitution for any contractor, other person or organ- iz&tion who has been accepted by the Owner and the Engineer unless the Engineer determines that there is good cause for doing so. 28: . PAYME~TS TO THE CONTRACTOR: Add to Article 25 of the General Conditions as follows: I The request for payment for materials and equipment will include satisfactory written evidence from the supplier evidencing the \ sale of these materials or equipment to the contractor for this specific project; that it has actually been delivered or furnished; I and the purchase price. The Contractor \vill provide satisfactory- . written evidence prior to the next mont.hly payment that the ma ter-' ials and/or equipment have been paid for to the extent outlined in Articl~ 27 of the General Conditions. The Contractor shall notify the Enginee~ in writing that the balance of materials has been paid within thirty (30) days after completing that portion of work utilizing those materials and/or equipment. " I I I ! 29. "PAYROLL REPORTING FORMS": This Article is intended to supplement Article 47 of the General Conditions. The contractor and all sub-contractors shall use Form ED-347 which can be obtained from the r.overnment Printing Office Bookstore 275 Peachtree Street, N.E., Room 100, Atlanta, Georgia, 30303 at a cost of $3.9s/pad of 100 "Payroll Reporting Forms". (Checks should be made payable to Superintendent of Documents.) .. to".~ Page 13 30. ON-SITE LABOR: This Article is intended to supplement Article 52 of the General Conditions. To the extent practical, at least 10% of the on-site labor shall be residents of Seminole County and un- employed for at least 30 days. 31. INSPECTION: Supplementing Article 14 of the General Conditions: The ENGINEER and the OWNER and their authorized representative shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. 32. INCREASED OR DECREASED QUANTITIES: Whenever the quantity of any item or group of items of Work as given in the bid shall be increased or decreased by Change Order, up to an amount totalling 30% of the Contract Amount, payment shall be made on the basis of the actual quantity completed and measured for payment unless specified to the contrary elsewhere in the Contract Documents, at the unit price for such item named in the bid. 33. RESTORATION OF PROPERTY AND GRASSING: Add the following to Article 11 of the General Conditions: Repair and replacement of all private and public property affected by this work shall be restored to a condition equal to or better than existed before commencing construction work, unless specifically exempted or the remedial measures are specifically designated by the Contract Documents. Cost to be incidental to other construction being paid for and no extra compensation to be allowed. III ...t:~_ Section 5-1 CONTRACT The following contract is entered into between the City of Sanford and Oneman Engineering P.O. Box 1613, Delray Beach, Florida 33444 The undersigned declares that he has examined the site of the proposed work, the specifications and all other procedural documents; and is familiar with the location where the work is to be performed and the local conditions affecting the contract; and the requirements for the construction; and understands that, in making this proposal, he waives all rights to plead any misunderstanding regarding the same. The undersigned agrees to commence work as directed by the City and continue this work uninterrupted except by weather or as directed by the City until it is completed. The undersigned declares that he understands that the quantities shown are approximate only, and that they are subject to increase or decrease at the same unit price as in the original proposal. The undersigned declares that he will perform this work and receive payments as outlined in the proposal and as described in other contract documents. This contract between the City of Sanford and Oneman Engineering x:4/,/ / / /f?7~ Contractor ~~t.~4U, {, ;;;~U!rt:-7 By ()t2~ttw >~~tW~ (~4~) / Attest: Date: Attest: . City ~d ~~~-er - By~ _ ~ 'l~ Da~ as; /g7P