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151-Slurry Seal Program 1978 1(..-- ... CONTRACT DOCUMENTS SLURRY SEAL PROGRAM 1978 CITY OF SANFORD, SANFORD, FLORIDA 't Index Section Item 1-1 Invitation to Bid 1-2 Minimum Specifications for Slurry Seal Program 1-3 Guide Specifications A-I04, 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 " 01 Sanford, ria G\\:'-1 ride] Commission...manager Plan WARFiEN 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. .,/ W. E. Knowles City Manager CITY OF SANFORD July 24, 1978 -== ,r---. ~ ~ 'Y'.~' ,_~ ", " :; u ..,.... V. .:? :~ ....!.~ \(:~ wi L ~0 ~..,. ,(,"':. ':'? ~. ~ ~ D': " ~ ~_. ~ r; .. ~;l I: ~~. \0". ~.~ ... 1 f.-t ~ >- ~ t~ ~ '5'1 \'~ ~:~. ~'.':~ ~ .~ ~'. .' ....,_. .3 rl.. ~> ;~ ~ 'I _' l1 t ~.i -~ ~~ 'W. ~ =-' Section 1-2 CITY OF SANFORD, FLORIDA Minimum Specifications for Slurry Seal Program All work shall conform to the Guide Specifications A-I04 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 , ol<"~ s{ ~, --"..-- Vi' .~!~" ~[ '~ -z:\' ,)> ",. -," .,... . . ~~-"-" o~ .sOCIA'-' I. SCOPE The work covered by this .pecificalion consists of furnishing all planl, labor, equipment, and materials in performing all operalions necess..y in connedion with the application of a .Iurry seal surface upon the designaled surface, in complele and, strict accordance with the specification. I'~~:~;~~~~~I~~'"A~~'~'- ~~'~~1 DATE: MAY 1967 I Roplo,,, A" 0';0 I; 0", Sp" ;1;'0 Ii 00' ' A.l01, A.l02 and A.l03 INTERNATION~.L SLURRY SEAL I\.SSN. Omaha, Nebraska 68106- 6837 Mayberry Telephone (402) 551.3259 Section 1-3 2. APPLICABLE SPECIFICATIOHS The following specificalions and methods form a part of this .peci- fication: Allernate specificalions are listed for most melhods and specificalion; select one applicable io your opera lion. TEST I-4ETHODS FOR AGGREGATE AHD I-4IHERAL FILLER Alternate Ho. I Alternate Ho. 2 AASHO 12,60 ASTM 075-59 AASHO T27-60 ASTM C136-46 AASHO T11-60 ASTM C117.49 AASHO T176-56 AASHO T84-60 ASTM CI38.59 AASHO T19,56 ASTM C29-60 AASHO T96-60 ASTM C131-64T AASHO T127-60 ASTM CI83-bOT AASHO 137-56 ASTM 0546-55 AASHO TI 04-56 ASTM C88.63 Sampling Slone, Slag, Gravel, Sand and Slone Block for use , as H'ighway Materials Sieve Analysis of Fine or Course Aggregate Amount of Material Finer Than No, 200 Sieve in Aggregate Plasiic Fines in Graded Aggre- gales and Soils by Use of the Sand Equivalent Test Specific Gravily and Absorp- tion of Fine Aggregate Unit Weight of Aggregale Abrasion of Course Aggregate, by Use of ihB Los Angeles Machine Sampling Hydraulic Cement Sieve Analysis of Mineral Filler Soundness of Agg regates by Use of Sodium Sulfale or Ma gnes!um Sulfate TEST METHODS FOR ASPHALT EMULSIONS Alternate Ho. I AASHO 140-56 AASHO T59-60 AASHO T182-57 Alternate Ha. 2 ASTM 0140,55 ASTM 0244,60 ASTM 0 I 664-59T Sampling Biluminous Materials Testing Emulsified Asp~alt Stripping Test for Bitumen- Aggregaie Mixtures TEST METHODS FOR BITUI-4INOUS SLURRY SURFACES Alternate Ho, I Alternote No. 2 AASHO TIM-bO AASHO nO-55 SPECIFICATIOH.S FOR MIHERAL FIllERS ASTM 0242-64 Bilumen Content of Paving Mixture by Centrifuge ,Mechanical Analysis of Extracted Aggregate SPECIFICATIOHS FOR ASPHALT EMULSIONS Mineral Fillers for Bituminous Paving Mixtures Alternate Ho. I Asphalt Insti. tule Specifica- tions for Asphalt Emulsions for Mixing Grade' Emulsions AASHO-American Association of State Highway ASTM-American Socieiy of Testing Malerials Alternate No. 2 Federal Sf'eciEica- tion. SS-A.674b for Aspha It Emul. sion for Mixing Grade Emulsions Specificalions for Asphalt Emulsions for Mixing Grade Emulsions Officia Is 3. DESCRIPTIOH The slurry seal surface shall consist of a mixlure of emulsified ;,sphall, mineral aggregale, and water: properly proportioned, mixed, and spread evenly on Ihe surface as specified herein and as direded by the Engineer (or Conlrading Officer). The cured slurry .hall hdVe a homogeneous appearance, lill all cracks, Ildhere firmly to Ihe surface and have skid resislant lexture, 4. MATERIALS A. Asphalt Emulsion. The emulsiEied asphalt shall conlorm 10 Ihe re- quirement of _________________________________ SpeciEication, Eor type _________________________________________ (type 01 l!mulsion, SS,KH, ete). The viscosity shall be ___________________ (e.g, 20,50, 20-100, elc.). The conlrador shall furnish a cerfified slatemenl from ihe emulsion manufadurer giving analysis of the base asphalt u.ed in Ihe manufadure of the emulsion. The penelra- tion of ihe base asphall shall be _____________________________ (penetralion depending on application, Iraffic, and climate condi, tion., e,g., bO-70, 85-100, 120-150, elc.). B. Aggregate. The mineral "ggregate shall consist of natural or manufadured sand, slag, crusher fines, and others, or a combina- tion thereo!. Smoolh.lextured sand of less than 1.25 percenl waler absorplion shall nol exceed 50 percent of Ihe lolal combined ag' gregate. The aggregale shall be clean and free from vegetable malter and other deleterious substances, When tested by AASHO TI76, the ~ggregale blend shall have a sand equivalent 01 not less ihan __________ (minimum 45 recommended), When tesled ac, cording to __________ (AASHO TI04,57 or ASTM CBB.63) ih~ aggregale shall show a loss of nol more than __________ (e,g, 10%, 15'70). When tested according 10 _________;-__ (AASHO 'T-96-60 or ASTM CI31-64T) the aggregate shall show a loss oE not more than __________ (e.g., 30%, 35'/0). Mineral fillers .uch as porfland cemenl, limeslone dust, Ily ash, and others shall be considered as parf of Ihe blended aggregate and shall be used in minimum required amounts, They shall meet ihe gradation requir"ments of ASTM 0242,64. Mineral fillers sh,,1I only be u.ed if needed 10 improve Ihe workabilily of Ihe mix or gradalion of ihe aggregale, The combined mineral aggregale shall conform 10 Ihe following grada- tion when lested by Ihe previously menlioned test, (Select one) Sieve Size Type I Type II Type III P'!"r.:e1lt Percenl Percenl Passing Passing Passing 100 100 100 100 98-100 70-90 98-100 65,90 45-70 65,90 45-70 28,50 40-60 30-50 19-34 25-42 18,30 1,2.25 15,30 10-21 7-18 10-20 5-15 5-15 qg tlo. 4 No.8 No. 16 No. 30 No. 50 No. 100 No. 200 The')relical Asphall Conlent % Dry Aggregate 10-16 7.5.13.5 6.5-'2 Type I. lhis aggregate blend is used to .eal crac\:s, fill voids, and corred moderate surface conditions. An approximate application rale of 6 10 10 pounds per square yard based on dry aggregate weighl is used when standard aggregates are ulilized, The lineness of this design provide. it with maximum crack penetrating proper, ties, A typical exampl.. oE this type of slurry surl_ce would be on airfield. or olher areas where only proledion from the elements is desired. Type II. This aggregale blend is used when il is desired to fill surf.lce voids. correct severe surface conditions. and provide scal- ing and a minimum wearing surface, An approximate applicot;,," rate of 10 to 15 pounds per square yard based on dry oggreg,)te weight is used when slandard aggregates are utilizec/' A lypiC'1 example of this type of slurry surface would be on pavements with medium texlured surfaces which would require Ihis size of aggre. gate to fill in the cracks and provide a minimum wearing surface, Another example would be placing a general slurry on flexible base, stabilized base, or soil cement as a sealer prior 10 final paving. Type III. The aggregate blend is used to give crown corredion and a moderale wearing surEace. It is applied al a rate of 15 pounds per square yard. or more, based on dry aggregate weight for normal aggregate. A typical example 01 this type of slurry surface is Ihe first and/or second course of a two-course durry SPECIFICATIONS A-I04 Telephone (402) 551-3259 ADDITIONAL COPIES OF GUIDE INTERNA:-IONAL SLURRY SEAL ASSOCIATION MAY BE OBTAINED FROM 6837 Mayberry St., Omaha, Nebra5ka 68105 tru\ment on Ilexible bn,e, ,'nbilized ba,.., or ,oil cemonl. Anolher example of Ihis type of ,Iurry SUrldC" wr 'j be on pnvemenh which have highly lexlurod ,urlac", nnd r ro Ihi, ,ize of ag' 9regale 10 fill in Ih~ void, and provido 0 moder~le woo ring ,url~co, C. Water. All wdler u,,,d will, II,,, ,Iurry mixlure sholl bo poloble and fre" from harmful ,oluble 'ails.' D. laboratory Testing. Source, of "II malerial, shall be s"lecl"d prior to 11,1' time the malerials dr" required for u'e in the work. All umple, sholl be 'dken dccording to procedures previously m"nlioned. All maleri"Is sholl b" prelesled in a qualified labora. tory a, to Iheir ,uilabilily for u'e in s1u~ry. The Iheoreclical a'phall conl"nl ,hall be delermined, The laboralory ,hall also delermine if . mineral filler is required, and if '0, how much should be used, Test samples shall be made and tesled on . Wel Track Abrasion Machine. A complete laboralory analysi, and test report accompanied by .braded and unabraded slurry tesl samples, shall be submitted by the contraclor belore the job sla rls, (The ISSA can furnish 0 list of qualilied tesling laboralories,) E. Stackpiling of Aggregate. Precautions shall be tak"n to insure that stockpiles do not become conl~minafed with ov"rsized rock, clay, silt, or excessive amounh of moislur". Th" stockpil" shall be kept in arus that drain readily. Segr"galion of Ihe aggregate will not b" p"rmilled. - F. S'orage. The Contraclor shall provide suilable slorage facilifi"s for the .sphalt "mulsion, The conlainer shall be equipped to pre. vent waler from entering the emulsion, Suitable heat ,hall be pro- vided if necessary to prevenl freezing. G. Somplir.g. Sampl"s of materials and of Ihe finished slurry surface shall b,e furnished by 11,1' Conlraclor as direcled by the Engineer (or Contra cling Officer) during progress of the work, Test re. porls may be requesled from the Contraelor as additional materials arrive. . 5. EQUIPMENT All equipment, tools, and machines used in the performance of this work shall be maintained in satisfaelory working order at all times. Descriplive informalion on the slurry mixing and applying equipment to be used ,hall be submitled for approval not less than _______ days belore the work ,fa rls, A. Slurry Mixing Equpment. The slu rry mixing machine sha II be a continuou, flow mixing unit and be capable of delivering accurately a predelermined proportion of aggregale, water and asphalt emul. sion to Ihe mixing ch..mber and to discharge the thoroughly mixed producl on a conlinuous basis. The aggregale shall be prewetted immedialely prior to mixing with the emulsion, The mixing unit of th" mixing ch~mber shall br capable of thoroughly blending all ingrrdirnls logether. No violent mixing shall be permitted. The mixing machine shall be equipped with an approved fines feed- er that provides an accurat" metering d"vice or melhod to intro- duce a predelermined proportion 01 mineral filler into the mixer at the ,ame time and loc"tion Ihal th" aggregale is fed, The fines feed"r shall be used whenever added mineral filler is a pari of the "ggregat" blend, The mixing machin" shall be equipped with a water pressure syslem and fog typ" spr,'y b", adequ"'e for complete fogging the surface preceding spr"ading "quipment with a maximum application of 0.05 g"IIons per squ""" y",d. Sufficient mi'lchine slorage capacity to mix properly and apply a minimum of five ton, of the slurry shall be provided. B. Slurry Spreading Equipment. Attached 10 the' mixer machine shall be a mechanical type squeegee distributor equipped with fl"xibl" male rial in conlael will, the surface to prevent loss of ,Iurry from Ihe distributor, II shall be mainlained so as to prevent loss of slurry on varying grades and crown by adiuslmenh to assure uniform spread, There sh"II be a sl"ering devic" "nd a flexiblo strik,,-off. Tho spre~d"r box shall havo an adjusl.1blo widl"- The box shall bo ~epl clean, and build,up of asphall and "ggreg.110 on tho box ,hall nol be permilled. The use of burlap drags or other drag' shall be approved by Ihe Engineer. C. Cleaning Equipment. Power brooms, pow"r blowers, air com. pr""ors, wat"r flushing equipment, and hand brooms shall be suit- able for cleaning the surface and cracks of the old surface. D. Auxiliory Equipment. Hand squ"ege"" shovels, and other equip. ment ,hall be provid"d as nec""ary to p"rform work. 6. PREPARATION OF SURFACE Immedialely prior 10 applying the slurry, the surface shall be cleaned of all loose malerial, silt spoh, v"getalion, "nd olher objectionable malo rial. Any standard cleaning method us"d 10 clean pavements will bo accoptablo, excepl waf"r flushing will not b" permill"d in ar"", whor" con,id"r"bl" cracks Engineer (o'r Contract- lurlace. Me pr",enl in Ihe p"vt'monl surfnce. The Oll:cor) ,hall give final approvdl of tho If 11,0 slurry i, being plac"d ovor a brick or coner"l" surfac", highly ab,orb"nl a'phalt surfac", or ov"r a surface wh"re the aggr".gale ha, bp.com" "xpo,ed and i, polished and slick, a I pari emulSIon, 3 part wal"r, laCk co.t of Ihe 'am~ asphalt emul,ion typ" and grad" as specified for the slurry i, r"commended. Thi, can be applied with an asphall distribulor or suitable water truck. Th" normal applicalion rate is 0,05 10 0.10 gallons of fhe diluled emulsion p"r square yard of surface, The Engineer (or Contracting Officer) should give final approval. 7. COMPOSITION AND RATE OF APPLICATION OF THE SLURRY MIX Th" amount of asphalt emulsion to be blended will, the aggregale ,hall be Ihat .1S delermined by the laboratory report afler final adju,tment .n th" field. A minimum amount of waler shall be added as necessary to oblain a fluid and homogeneous mixlure. The rate of application sholl be (a minimum of ______ pounds of dry aggregate per square yard: at least ______ Ibs.lsy bul not grealer than ______ Ib,./sy). The Engineer (or Contracting Officer) shall give final approval to the design and ral" of applicalion u,ed. 8. WEATHER LIMITATIONS The slurry seal surface shall nol be "pplied if either the pavement or air temperature is 55" F or below and falling, but may be applied wh"n boll, the air and pavemenl t"mperalure is 45" F or above and risi.ng, The mixtur" should nol b" applied if high relative humidity pro- longs the curing b.-yond a rea,onable time. 9. TRAFFIC CONTROL Suilable mt'thods such "s barricades, flagm"n, pilot cars, etc" ,hall be used to prolect the uncured slurry surface from all types of traffic. Any damage to the uncured slurry will be the responsibility of the Con. tractor, The Engin"'" (or Conlracting Officer) shall give final ap- proval as to the melhod used, If damage occurs where ,uitable mean, h~ve been made to protect the uncured slurry, violators will be prose. cuted and the Contractor will be reimbursed for the amount of the damages. 10. APPLICATION OF THE SLURRY SURFACES A. General. The surface shall be fogged with water directly pre, c"ding the s!"reader, Th" slurry mixture shall be of the desired consistency ,.,-"-en deposiled on the surface and no additional ele- ments shall be added, Total time of mixing shall not exceed four minutes. A suffici"nt amount of slurry shall be carried in all parts of the spr"ader at all times so that complete coverage is obtained, No lumping, balling or unmixed aggregale shall be permilled, No segr"gation of the emul,ion and aggr"gafe fines from th" coars" aggregale will be permill"d, If the coarse aggregale sellles to the bollom of the mix, the slurry will be removed from Ihe pave- ment, No ""cessive breaking of the emulsion will be allowed in the spreader box. No streaks such as caused by oversized aggre- gate will be left in the finished pavement. B. Joints. No excessive build,up nor unsightly appearance shall be permilled on longitudinal or transverse joinh, C. Hand Work. Approved squeegees shall be used to spread slurry in non,accessable area, to the slurry mixer. Care shall be exer- cised in leaVIng no unSIghtly appeMance from hand work, D. Curing. Trealed area' will be allowed to cur" unlil ,uch time a, the Engineer (or Contracting Officer) permits their opening to fra ffic. Rolling is normally not required on slurry surface,. However, in areas of slow turning traffic, e,g., air. fields, the paved surface should Le rolled by a S,ton roller. The paved ar"a ,hould be subjected 10 a mini. mum of five coverag"s, If a pn"umalic roll"r is used it ,hould bo operated at a lire pressuro of 50 pound, par squaro inch. II. MEASUREMENT AND PAYMENT Altornate specilication, are lisled; select one operation. applicable to your ALTERNATE NO. I The slurry seal surface shall be measured and paid for by Ihe weighl of aggr"g,,'e and volume of "sphalt emulsion u,ed on the work com, pleted and acc"pted a, d"signated by the Engineer (or Contracting Officer). ALTERNATE NO.2 Th" ,lurry seal surfac" sholl be m"a,ur"d and paid for by th" 'quare yards of work compleled and acceptod as de,ignaled by the Engin"er (or Contracting Ollic.,,). ISSA sp"cilicalions ar" wrilfen as " guide and should be u,ed as such, The srecilic~lion' should be lailored to fit th" customer and job r"quiremonts, Tho spocilicalion is wrilfen for tho contractor 10 do Ihe complele job. If Ihe cuslomer should do any of the work menlioned herein, the specificalion should be changed accordingly. Section 1-4 I~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 Manager of the city of Sanford with a label describing the nature of the bid on the outside of the envelope. 2. 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. I. 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. 10. --..-- 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. ---- o PROPOSAL o Section 1-5 . ... ; ."?:-: ,;"::,i:~>,:,;;':"J r" ~', ,"~' 1 If) ~)~:~~!~:~4 L1YL< J}Uz I~~ i;~~.-.,;r...~.~~~'r.~ h f \ ~'~~:{;Z~'r:::l.9 () r.~<;:~':<~ (, . I ~~:::X~:(i . F _~'"!~~~.:}- :m.A"::-' AkkJ ':~..J~'i'.~# I tl.-ri_r''i'' - h or: ~.r.; ~-' I' ~~6 ~ l!JL)l1LU; ~ /3~ I?J3 /J, :, JJJi I ~J:..J J ?.ALl- Page No, 11:. J65- /197'-1'506 Pages d31/;/LJ PROPOSAL SUBMITTED TO: I DATE, I r<1~/g"~"~ JOB NA~: Ij )': J;I'fU't(.1 --l a- .1> STREET: tJ , , df""1r1-flZ/ ~i -...,. 7: I.-I. r I /~) J9.7g' PHONE: NAM', 1, ~ L? . a~ I!" _ ~'z.~' _:;t:_/~,v/m STREET: cl ' B.'} -.3 tJ 0 t~Jrt'^'..-' a ,11j~) ,/2"u . CITy, f t ), ...1.):~?L .fJ.-~ STATE, ~' JC / ~ ...... ,~'tl.&'d .-/.I.t:vYZ _I :!?/~d We hereby submit specifications and estimates for: ~a), ~7~ ~i., i 4"r.1. laJ~iJ .;t~ &Lu f ~~L .~~ ) 9 7~, OJ' ~U~~t,O -il..-c C tc--'l.? d.l-1 a >t.ttLv ~J ~,~ ;; jJ) We hereby propose to furnish labor and materials - complete in accordance with the above specifications. for the sum of: -dollars-(S, / b fj f~b d' ~~ with payment 10 be made as follows: '" All material is guara teed to be as specified, All work to be completed i workmanlike ma~ner according to standard practices, Any alteration or deviation from above specifications involving exlra costs, will be executed only upon written orders, and will become an exlra charge over and above the estimate, All agreements contingent upon strikes, accidents or delays beyond our conlrol. This proposal subject 10 acceplance within therea"er at the option of the undersigned_ .;}o days and is void / ACCEPTAN' OF PROPOSAL , -- L{ff~4-t~P--7"-J ,-;7, ) ,/ c-:~,1:<- <-I- Authorized Signature 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 130,000 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- Ion 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. It is also understood that the contractor will abide by all the contract documents; including the filing of all necess- ary forms to appropriate agencies, meeting the mlnlmum pay schedules as described herein, and meeting all other require- ments as outlined in the general specifications. Section 2-1 1l C " " -< ;:: ~ !" :ll 0 '" "0 r 0 Clm CII r ." m '" ,,}> 0 z n z ,., nz 9 0 0-< >" z :r~ or;: -l om ."lIlJ'l :<J c Z ","'" " ",-< n 00 ;::no -l "'Co 0 <: .." r~:ll :ll ~~ ~~lri 00> ~z~ 0 zo c)> ,., ;::z IDO m :0 ---------------~--- ." :0 e m n -l " Z o r o n. " ~ o z, o '" ~ ~ I: U ~ ... ;;: ~ o '" ~ '" :< '" ~ "" ~ I 'b <::: ~ ~ :l; :... '" t'>:I ~ ::t: ... In ">:I C :.. Ei:: t::l ... ~ t'>:I ~ ~ t-o '<: ." ::0 D ::: ~ t'>:I '" <::: "l2 ~ D ." 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C> :3 <.I o C .0 ~ ~~ as .. .0 .. .. > d~ o as - .. c..c 0- ::: c 'tj- "0"0 as~ C ... -;:::: I o ~ <II ....., 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. CONTRACT AND CONTRACT DOCUMENTS , - The Plans Specifications and Addenda. hereinafter enumerated f 011 O"l in a the Supplemental General Conditions. . . 0 shall form part of the contract. and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully ~t 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 sup;Jlying 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 US, Department 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 probationary employment as an apprentice in such an apprenticeship program. who is not individually registered in the program. but who has been certified by thi: 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. Bureau 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. 3. 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, fixing the dates at which special detail dra....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 maliufacture testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accord:lOce with the progress of the work. 4. MATERL-\LS. SERVICES Ai':D FACILITIES It is undc:r~tood that. except as otherwi~e specifically stated in the contract document~. the Contractor sh::t11 provide and pay for all m:llerials. labor. tools. equipment. water. light. power. transportation. superintendence. temporary construction of every nature. and all other services and facilities of every nature wh:.1tsoever necessary to execute. complete. and deliver the work \\ithin the specified time. Any ""ork necessary to be performed after regular hours. on Sundays or Legal Holidays. shall be performed without additional e'l.pense to the Owner. 5. CO~TRACTOR'S TITLE TO ~1.-\TERlAL 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 all materials and supplies used by him in the work. free from all liens. claims or encumbrances, 6. INSPECTlO;-": AND TESTING OF MATERIALS All materials and equipment us<e:d in the construction of the project shall be subject to adequate inspection and testing in accordance v.ith accepted standards, The laboratory or inspection agency shall be se1::cted by the Owner. The Owner ""ill pay for all laboratory inspection service direct. and not as a p,art of the contract, Materials of construction. particularly those upon which the strength and durability of the structure may depend: ~hall be subject to in~pection and testing to establish conformance with specifications a;1d suitability for users intended. 7. "OR EQliAL" CLAUSE \Vhenever a material. article or piece of equipment is identified on the Plans or in the Specifications by refert:nce to manufacturers. or vendor.;. names. tradenames. catalogue numbers. etc,. it is intended merely to establish a st:lnd:lid; and. any material. article. or equipment of other m3nufacturer.; and vendors which will perform adequ:lt::1y the duties imposed by the general design will be considered equally acc\:ptable provid\:d th:= m3terial. article. or equipment so proposed is. in the opinion of the Architect/Engineer. of equal substance and function. It shall not be purchased or installed by the Contractor without the Architect/Engineer.s written approval, 8. PATE:"iTS The Contractor shall hold and save the Owner and its officers. agents. sen-ants. and employees harmless from liability of an)' nature or kind. including cost and e,:r;penses for. or on account of, any patented or unpatented invention, process, article. or appliance manufactured or used in the performance of the contract. including its use by the Owner. unless otherwise specifically stipulated in the contr3ct documents, 2 license or Royalty Fee: License ;J,nd/or Royalty Fees for the use of a proc.:~,> which is authori/ed by the Owner of the project must be reasonable. and paid to the holder of the patent. or his authorized licensee. direct by the Ownc:r and not by or through the ContrJctor. If the Contractor uses an~ design. device or materials covered by !ellers. patent or copyright. he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design. device or material, It is mutually agreed and understood that. without exception. the contract prices shall include all royalties or costs arising from the use of such design. device or materials. in a:lY way involved in the work. The Contractor and/or his Sureties shall ind~mnifv' and save harmless the Ovvner 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 dama!!e which it ma\'-be obliged to pay by reason of such infringement at any time during the prosecut ion of the work or a ft;r completion ~f the wo-rk. 9 .CONTRACTOR'S OBLIGATIONS 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. ncept as herein otherwise expressly specilled. 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 v.ith the plans and drawings covered by this . contract and any and all supplemental plans and drawings. and in accordance with the directions of the Architect/ Engineer as given from time to time during the progress of the vvork. He shall furnish. erect. maintain and remove such construction plant and such temporary works as may be required, The Contractor shall observe. comply \v ith. and be subject to all terms. conditions, 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. Also see Art icl e s 39 and 40 of the Supplemental General Conditions. 10. WEATHER CONDITIONS I In the event of temporary suspension of work. or during inclement weather. or whenever the Architect/Engineer shall direct. the Contractor \\ill. and will cause his subcontractors to protect carefully his and their v.ork and materials against damage or injury from the weather, If. in the opinion of the Architect/Engim:er. 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 I J The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this contract. 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 such damage. loss or injury unless such be caused directly by erro~ contained in the cfntract or by theDwner, or his duly a4tllOri.zed representative_ Also 5 ee Articl e 26 of the Sup- p emental General Condltlons. In case of .an emergency which threatens loss or injury of property and/or safety oflife, the: Contractor will be allowed to act, without previous !nstructions from the Architect/Engineer. in a diligent manner, He shall notify the Architect/ Engineer immediately therea fter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Architect/Engineer for approv:lI, I I i , J 3 \\'herc the Contractor h35 not taken action but has notified the Architect/Engineer of an emergency threatening injury to perwns 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 t:mergency 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. recQrds and other data as the Owner may request concerning work performed or to -be performc:d under this contracL 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 ContraclOL It is understood that such representati....e shall be acceptable to the Architect/ Engineer. 15. CHANGES IN WORK No changes in the work coyered by the approved contract documents sh~lI be made without having prior writt~n approval of the OwneL Charges or credits for the work covered by the approved change shall be d~termined 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 extra work: (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 I7c. there shall be added a tixed fee to be agreed upon but not to exceed ti fteen 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)(penses. 4 16. EXTRAS \Vithout invalidating the contract. the 0", ner may order extra work of the kind bid upon or make changes by altering. adding to or deducting from th.: work. the contract sum being adjusted accordingly. and the consent of the Surety being first obtained where n.:cessary or desirable. All the work of the kind bid upon shall be paid for at the pric.: stipulated in the proposal. and no claims for any extra work or m:lterials shall be allo"'ed unless the work is ordered in writing by the 0"'11<:[ or its Architect/Engineer. acting officially for the Owner. and the price is stat.:d in the order. 17. TIME FOR COMPLETION AND LIQUIDATED DAMAGES i '- It is hereby undastood and mutually agreed. by and be!\\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 comm.:nced on a date a's' mutuallyagreed. 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 agre.:d. 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. L,: If the said Contractor shall neglect. fail or refuse to complete the work within the time herein specified. or any proper e.,<tension thereof granted by the Owner. then the Contractor does hereby agree. as a part consideration for the awarding of this contract. to pay to the Owner the amount specified in the contract. not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth. for each and every cakndar 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 e,<trem.: difficulty of fixing and ascertaining the actual damages the Owner "'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.c.: of each an::! 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 essen~ of this contract. Provided. that tl1e Contractor shall not b.: charged with liquidated damages or any excess cost "'hen the O"'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 charg~d with liquidated damages or, any excess cost ",hen the delay in completion of the work is due: 3. 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 se...ere weather: and . ,- c. To any delays of subcontractors or suppliers occasioned by any ofi the causes specified in subsecti~ns a and b of this article: Provided further, that the Contractor shall. within ten (10) days from the beginning of such delay. unless the Owner 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 3 reasonable time of its decision in the matter. 5 18. CORRECTION OF WORK All .....ork. <111 materials. .....hether incorporated in the ,",ork or not, all processes of manufacture. and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work. materials. processes of manufacture. and methods of construction for the purposes for \lihich 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 expense, Rejected material shall immediately be removed from the site. If. in the opinion of the Architect/Engineer. it is undesirable to replace any defective o"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 hereundc:r 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 wriuen orda 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, when requested by the Owner. give the Owner access to accounts relating thereto. 20. RIGHT OF THE OWNER TO TERMINATE CO~TRACT IIi the event that any of the provisions of this contract 2fe \ iolated by the Contractor. or by any of his subcontractors. the Owner may s~rve written notice upon the Contractor and the Surety of its intention to terminate the cont~act. such notices to contain the reasons for such intention to terminate the contract. and unless within ten (IO) days after the serving of such notice upon the Contractor. such violations or delay shall cease and satisfactory arrangement or correction b~ made, the contract sh~ll. upon the expiration of said ten (10) 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 performance thereof within ten (I 0) days from the date of the mailing to such Surety of notice of termination. the Owner may take over the .....ork 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 .....ork.-such materials, appliances. and plant as may be on the site oftne work and necessary therefor. 21. PAYNE.NT TO CONTRACTOR (SEE PROPOSAL) 22. ACCEPT A;-:CE OF FINAL PAYMENT AS RELEASE Th<: acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contrctor for all things done or furnished in connection with this ,",ork and for every act and ne I t f. 0 d hI' . . ' g.ec o tne wner an ot ers re ~ttng to .or 3f1SIng out of,thls. work. No payment. howe'-er. final or otherwise. shall operate to relea5~ th<: Contr2ctor or hiS Sureties from any obligation under this contract or the Performance and Payment Bond, 6 , w. 23. PA Y:-'1i:NTS BY CONTRACTOR The Contractor shall pay (a) for all transportation and utility services not later than the_ 20th day of the calendM month following that in which services are render-ed, (b) for all materials, tools, and other. e:\pend~ble e~uipment to th~ e1(tcnt of 9cr:o of the cost thereof, not later than the 20th day of the calendar month follov.l!lg that In which such matenals. tools, and equipm::nt are delivered at the site of the project, and the balance of t~e cost thereof not, later than ~he 30th day bllov..i:lg the completion of that part of the work in or on which such materials, 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 account of the work performed by his subcontractors to the extent of each suoconiractors 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 paragr2ph and such insurance has been approved by the Owner. nor shall the Contractor allow any subcontractor to commence ....ork on his subcontract until the insurance required of the subcontractor has been so obtained and approved: a, Compensation Insurance, The Contractor shall procure and shall maintain during the life of this contract Work- men's Compensation 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 sulx:ontractor 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 employer'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 I nsurance in the amounts specified in paragraph (; 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 hereof shall provide adequate prot<xtion for the Contractor and his sulx:ontractors, 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 employe{f by him and. also against any of the special hazards v.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 (100'10) 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. 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 wrinen notice has been received by the Owner:. ' 7 . ~:: 25, ADDITIONAL OR SUBSTITUTE BOND If at any time the Owner for justifiable cause, shall be or become dissatisfied with the Surety or Sureties for the P~rformance and/or Payment Bonds. the Contractor shall within five (5) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be s:!tisfactory to the Owner, 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 Owner, 26. ASSIGNMENTS The Contractor shall not assign the whole or any part of this contract or any moneys due or to become due hereunder v. ithout written consent of the Owner, In case the Contractor assigns all or any part of any moneys due or to become due. under,this contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assigno:: in and to any moneys due or to become due to the Contractor shall be subject to prior claims of all persons, firms and corporations for services rendered or materials supplied for the performance of the work called for in Liis contract. ._ 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 arbitration if such other Contractor or subcontractor will so settle, If such other Contractor or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the 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,c:cution of the work, The Contractor. including his subcontractors, shall keep informed of th.: progress and the detail ....ork of other Contractors and shall notify the Architect/Engineer immediately of lack of progress or defecti\'e workmanship on the part of other Contractors. Fai1ur~ 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 v.ithout 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. v.hich 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 omissions of persons directly employed by him. The Contractor shall cause appropri3te 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 L~e work of. subcontractors and to give the Contractor the same power as r~ards terminating any subcontract that the O'..n::r may exercise over the Contractor under any provision of the contract documents. :-:othing contained in this contract shall create any contractual relation bet....een any subcontractor and the Owner. 8 30. ARCHITECT /EJ'.:GINEER AUTHORITY The Architect/Engineer shall give all ordas and directions comtemplated under this contract and specifications relative to the e.\ecution of the ~ork. The Arrchitcct/Engineer ~hall determine the amount, quality, acceptability, and fitness of the several kinds of \\ork :Ind materials ....hich 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/Engin\Xr's estimates and decisions shall be final and conclusive. except as herein other\\ise expressly provided. In case any question shall arise between the parties hereto relative to said contract or specifications. the determination or decision of the Architect/ Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this contract affev:ted 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 contr<!ct and other 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 paragraph .5 of the Supplemental General Conditions. The Contractor shall purchase the hAllo\\ed Materials" as directed by the Owner on the basis 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 shall be adjusted accordingly. The adjustment in contract price shall be made oa the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental ex.p::nses. The cost of installation of the ':Allowed Materials" shall be included in the applicable sections of the contract Specifications covering this "'ork. 32. USEOF PREMISES AND RE'MOVAL OF DEBRIS The C0ntractor expressly undertakes at his own expense: 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 work as .....ill not unduly interfere with the progress of his work 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 operations, to the end tn:lt at all times the site of the work shall present a neat, orderly and workmanlike appearance; eo Before final payment to remove all surplus material, falsework, temporary structl!res, 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 \~ork 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 ESTIMATE Where"er the estimated quantities of work to be done and materi<!1s to be furnished on a unit price basis under this contract are shown in any of the documents including the propo;aJ. they are given for use in comparing bids, and the right is expressly resen'ed. e.\cept as herein otherwise specifically limited. to increase or diminish them as may be deemed reasonably necessary or desirable by the O"nc:r 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 damages. 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 contract. 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 O\\<ner 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 Yrork- manship. The Contractor shall remedy any defects in the v.ork and pay for any damage to other work resulting there- from, which shall appear within a period of one year from the date of final acceptance of work unless a longer period is specified. The Owner will give notice of observed defccts with reason:.!ble promptlJ,ess. The Con t r ac to]" s h9-ll provide a 1 yeat written warranty on work ana materlals at the tlme of final acceptance and payment. . 36.' CONFLICTING CONDITIO~S * **VOID** * (See Art icle 9 of the Supplemental General Conditions) Any provision in any of the contract documents "hich may be in confiict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency. 37, NOTICE AND SERVICE THEREOF Any notice to any Contractor from the Owner rebtive to any p::ut of this contract shall be in writing and"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 deliv'ered in person to said Contractor or his authorized representative on the work. 38.. REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of la wand clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were incbded 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 p:uty the contract shall forthwith be physically amended to make such insertion or correction. 39. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTIO)1 In order to protect the lives and health of his employees under the contract, the Contractor 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 v.ork under the contract. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances. and methods, and for any damage which may result from their failure or their improper construction, maintenance, or operation. 10 40. MINI~1UM WAGES All mechanics and laborCTs employed or \\orking upon the site of the work, or under the United St:Jtes Housing Act of 1937, or under thc Housing Act of 19~9 in the construction or d.:velopment of the project. will be paid uncondi- tionally and not less often th:Jn once a week, and \\ ithout subsequent deduction or reb:lle on an) account (e"(cept such payroll deductions as are permitted by regulations issued by the S<:crt:tJry of Labor under the Copebr.d Act (29 CFR Par! 3)). the full amounts due at time of payment computed at "age rates not less th:Jn those cont:Jined in the wage determination cecision of the Secretary of Labor \\hich is attached hereto and made a part hereof. regardlt:>s of any contractual rdationship \\hich may be alleged to e.\ist between the Contractor and subcontractor and such I...borers and mechanics: and the ~age detcrminJtion decision shall be posted by the Contr:Jctor at the site of the Voork in a p~ominent place where it can be easily seen by the workers. Fo.r the purpose of this clause. contributions made or costs rcasonably anticipated uilder section I (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics :Ire considered wages paid to such 13borers or mechJnics. subject to the provisions of29 CFR 5.5 (a) (I}(iv). Also for the purpose of this clause. regular contributions made or costs incurred for more than a Voeekly period under plans, funds, or programs. but covering the particular weekly period, are deemed to be constructivdy 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 redassified 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 e\'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 determination. The Owner shall require \\henever the minimum wage rate prescribed in the contract for:\ class of laborers or mechanics includes a fringe benefit which.is not expressed as an hourly wage ratc and the contract is obligated to pay a cash equiv- alent of such a friilge benefit. an hourly cash equivalent thereof to be established. In the nent the interested parties cannot agree upon a cash equivalent of the fringe benefit. the question. accomp:Jnjed by the recommend:ltion of the Owner, shall b~ referred to the Secretary of Labor for determination. If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages 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 applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. The Contractor agrees to comply with Executive Order 11588, issued March 29, 1971, and any other Executive Order, statute, or regulation regarding the stabilization of wages and prices in the construction industry. 41. WITHHOLDING OF PA YMENTS 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 apprentice> and trainees, employed by the contractor or any subcontractor on the work the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice or trainee employed or ....orking on the site of the work or under the United States Housing Act of 1931 or uncer the Housing Act of 1949 in the: con. struction or development of the project, all or part of the wages required by the contr3ct. the Economic Devdopmeilt Administration may, after written notice to the contractor. spunsor. applicant. or Owner, take such action as may be: ot:\:essary to cause the suspension of any further p3yme01t. advance, or guarantee of funds until such viobtions hJ.\ e ceaseci. 11 42 . PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thaeto will be maintained during the course of the work and preserved for a period of thre.: years thereafter for all laborers and mechanics working at the site of the work. or under the United States Housing Act of 1937 or under the Housing Act of 1949. in the construction or development of the project. Such records ~ill contain the name and address of each employee, his correct classification. rates of pay (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 Secretary 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 maintain records which show that the commitment to provide such benefits is enforceable. that the plan or program is financially responsible. and that the plan or program has been communicated in writing to the laborers or mechanics affected. and records which show the costs anticipated or the actual cost incurred in providing such benefits. 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 correct. and complete. that the wage rates contained therein are not less than those determined by the Secretary 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 payroll or any subsequent payroll of a copy of any findings by L'1e Secretary of Labor under 29 C FR 5.5 (a) (I) (iv) shall satisfy this requirement. The Prime Contractor shall be respon- sible 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 De\'elopment Administration and the Department of Labor ~ and willJ?ermit wch ~epres>J1tativl::> to intervieYl,employees during working hours on thejob. Also See Artlcle jS ot: tne ~upplernental. General Conditions. 43. APPRENTICES AND TRAINEES - . 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 A.pprenticeship and Training. U.S. Department of Labor: or. if no such recognized agency exists in a State, under a program registered ~ith 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 tohis 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 f.imish 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:lees will permitted 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 R:g-..i1ations. On contracts in excess of S I 0.000. the employment of all laborers and mechanics. including apprentices and trainees. as defined in Section 2 shall also be subject to the provisions of Part Sa. Subtitle A. Title 29. Code of Federal Regula- tions. Apprentices and trainees shall be hired in accordance with the requirements of Part Sa. The pro\'isions of Sections 45. 46. and 48 shall be 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 excess of SIO.OOO. and each O~ n:r concerned shall include these conditions or provide for their inclusion. in each such contract. Parts 5a.4. 5a.5. 5a.6. and 5a.7 shall also be includoo in each such contract for the information of the Contractor. 12 44. COPEL.-\I\:D "ANTI-KICKBACK" PROVISIO:--;S These provisions of this section. 29 CFR Part 3. prescribe "Anti-Kickback" regulations undcr section 2 of the Act of June 13. 1964. as amended (~O U.S.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 payroll forms. Section 1001 of Title 18 of the United States Cod;;: (Criminal Code and Criminal Procedure) shall aiJply to such state. ment as provided in 72 Stat. 967 (18 U.S.c. 1001. among other things. pro,.jdes that ,\hoevcr kno....ingly and ....illfully makes or uses a fraudulent document or statement of entry. in any matter within the jurisdiction of any dep:.lftment 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 section shall not apply to any contract ofS2,OOO or Jess. Upon a written finding by the head of a Federal agency. 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 Secretary 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 sums previously paid to the employee as a bona fide prepayment of wages \..hen such prepayment is made without discount or interest. 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 the 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. or both. medical or hospital care. pensions or annuities or retirement. death benefits, compensation for injuries. illness. accidents. sickness. or disability. or for insurance to provide any of the foregoing. or unemploy;ent benefits. l;acation 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 writing and in advance of the period in which the work is to l.Je 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 afiiiliated person in the form of commission. dividend. or otherwise. and (4) the deductions shall serve the conven jence 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. [ 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 quasl- go.;emrnent agencies. h. Any deduction voluntarily authorized by the employee for making of contributions to Community Chests. United Givers Funds, and similar charitable organizations. 13 I. Any deductions to pay regular union intiation fees and membership dues. not including fines or special assessments: Provided. ho....,:ver. that a collective bargaining agreement bet\\een the Contractor or subcontractor and repre- sentatives of its employees provided for such deductions and the deductions are not otherwise prohibitcd 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...ITds Act of 1938. as amended. and Part 531 of this title. \"-hen such a deduction is made. the additional records required under S516.~:'(a) of this title shall be kept. 45. SUBCONTRACTORS The Contractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)( I) through (5) and (7) and such other c1aus::s as the Economic Development Administration may by appropriate instructions require. and abo a clause requiring the subcontractors to include these clauses in any lo....c:r tier subcontracts which they may enter into. together with a clause requiring this insertion in any further subcontracts that may in turn be made. 46. CONTRACTTERMl~ATION A breach of sections ..w through 50 may be grounds for termination of the contract. and for debarment as provided in 29 CFR 5.6. 47. OVERTIME REQUIREMENTS No Contractor or subcontractor contracting for any part of the contract work which may require or involve the em- ployment of l;jborers or mechanics shall require or permit any laborer or mechanic in any \\orkweek in v.hich he is employed on such work to work" jn excess of eight hours in any calendar day or in e.\cess of forty hours in such work- ...eek unless such laborer or mechanic recej"es compensation at a rate not less than one and one-half times his basic rate of pay for all hours in e.\cess of eight hours in any calendar d:.lY or in excess of forty hours in such workweek. as the case may 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 \\ ages. In addition. such Contractor and sub- contractor shall be liable to the United States (in the C;Jse 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 re:;pect to each individual laborer or mechanic cmplo)'ed in violation of the clause set forth in the above subsection. in the sum of S 1 0.00 for each calendar day on which such employee was required or' permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subsection above. The Economic Development Administration may withhold or cause to be \\ ithheld. from any moneys payable on ac- count of work performed by t~e 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 damages as provided in the clause set forth above. . The Contractor shall insert in all subcontracts the clause set forth ii) the above subsections of this section and also a clause requiring the subcontractors to inc1ud.: these clauses in any lo\\er tier subcontracts which the)' may enter into. tog~ther 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 shall. on the grounds of race. color. natiClnal origin. or sex. be excludcd from participa- tion in. be denied the benefits of. or be subjected tu discrimination under any program or activity receiving Federal fi- n2ncial 35sistance. Reference Title VI of tht: Civil Rights Act of 196-l (42 USC 200Od) and Section 112 of Public law 91-65. FNm EO.-\-503. The Recipient and;lll Contractors. subcontractors. suppliers. lessees and other p;lrties directly partici- pating in the Recipient's project agree that during and in connection with the asso..:iated agreement relating to the Fed- er211) assisted program. (i) they \\ill comply. to the extent applicable. as Contractors. subcontractors. lessees. suppliers. or in any otner capacity. .....ith the <!pplicable pro\'isions of the Rcgulations of the United States Department of Com- me.ce (Part 8 of Subtitle A of Title 15 of the Code of Federal Regulations) issued pursu:Jnt to Title VI of the Civil Riohts Act of 19M (P.l. 88- 352). and will not thereby discriminate against any person on the grounds of race. color. or~a- tional origin in their employment practices. in any of their own contractual arrangements. in all services or accommoda- tions .....hich L1ey offer to the. public. and in any of their other business oper;Jiions. (ii) they .....ill pro'/ide information re- qlJired by or pursuant to said Regulations to ascertain compliance with the Regulations and thcse assuranccs. and (iii) L'1eir non-compliance with the nondiscrimination requirements of said Regulations and these assurances shall constitute a breach of their contractual arrangements with the Recipient whereby said agreements may be cancelled. terminated or susiXnded in whole or in part or may be subject to enfurcement other..... ise by appropriate legal proceedings. E ...ecut;...-e Order 11246. 30 Fed. Reg. In 19 (1965) (Equal Opportunity Clause). During the performanct: of this contract, thi: Contractor agrees as follo\"s: a. The Contractor will not discrimin:lle against any employee or applicant for employ ment because of race. color, religion. se.\. or national origin. The Contractor will take affirmative ;Jction to ensure the appli..:ants are employed. and tl1at employees are treated during employment. without regard to their race. color. religion. sex, or national origiil. Such action shall include. but not be limited to the fullowing: employment. upgrading. demotion. or transfer; recruitment or recruitment advertising: layoff or termination: rates of payor other forms of compensatiOil: and selection for training. including apprenticeship. b. Th~ Contractor agrees to post jn conspicuous places available to employees and applicants for employment. notices to be provided by the contracting officcr setting forth the provisions of this non-di5crimination clause. c. 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 \\ithout regard to race. color. religion. sex. or n;,tional origin. ' d. The Contractor will send to each labor union or representative of workers with \\hich he has a collecti....e bargaining agreement or othcr contract or understanding. a notice to be provided by the agency contracting officer. advising the labor union or workers' representative of lhe Contractor's commitment under Section 202 of Executive Ordcr ?><o. 112-t6 of September 24. 1965. and shall post copies of the notice in conspicuous places available to employees and applic:!nts for employmcnt. e. The Ccntractor will comply with all provisions of Executive Order No. 11246 of September 24. 1965. and of rules. regulations. and relevant ordcrs of the Secretary of labor. f. The Contractor ....ill furnish all information a'1d reports rt:quired by Executi....e Order No. 112-t6 of September 24. 1965. aild by rules. regulations. and orders of thi: Secretary of Labor. or pursuant thereto. and will p:rmit access to his bvvks. record. and accounts by the contracting agency and the So:retary of labor for purposes of investigJ- tiuo to ascertain compliance \\ith such rules. regulations. and orders. Each Contractor and subcontractor of Fed- erally financed construction work is required to file an Equal Employment Opportunity Employer Information Report (EEO-I on Standud Form 100) annually on March 31. Forms and instructions are a\;ailable althe EDA Regional Office. 15 :1 1 j j g. Iilthe 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 cancellt:d. terminated or suspended in ....hole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24. 1965. and such other s<!nctions may be imposed (and remedies in"olved) as pro,'ided in Executi,'e Order No. I] 246 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 204 of Executive Order No. 11246 of September 24. 1965. so that such provisions" ill be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontr3ctor or purchase order as the contracting agency may dire>:t as a means of enforcing such provisions including sanctions for noncompliance; Provided. however. that in the e"ent the contractor becomes involved in. or is threatened with litigation .....ith 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 Exemptions to Above Equal Opportunity Clause (41 CFR Chap. 60): (I) Contracts and subcontracts not exceeding S 10.000 (other than Government bills of lading) are exempt. The amount of the contract. rather than the amount of the Federal financial assistance. shall govern in determining the applicability of this exemption. (2) Except in the case of subcontractors for the performance of construction work at the site of construction. the clause shall not be required to be inserted in subcontracts below the second tier. (3) Contracts and subcontracts not exceeding S I 00.000 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 O\\ner to negotiate. make. ac~ept or approve. or to take part in negotiating. making. accepting. or approving 2ny architectural. engineering. ins~tion. cOilstruction or material supply contract or any subcontract in connection.... ith the construction of the project. shall bo:ome directly or indirectly interested personally in this contract or in any part hereof. No officer. employee. architect. attorney. engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative. eAecutive, supervisory or other similar functions in connection with the construction of the project.. 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 unit of the project before formal acceptance by the Olmer.. 16 51. SUSPEi'iSIO:'\ OF WORK Should the 0'.\ 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 Contractor sh;J11 not be entitled to make or assert claim for damage by reason of said delay. but time for completion of the work ....ill be extended to such reasonable time as the Ownc:rmay dctermine ....ill compens3te for time lost by such dela} v.ith such determination to be set forth in writing. 52'.. H-IPLOYME:-\T OF LOCAL LABOR The maximum feasible employment of local labor shall be made in the construction of public works and de':elopmc:nt facility projects recei\'ing direct Federal grants. Accordingly. e\ery Contractor and subcontractor undertaking to do work on any 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 located. or in the case of Economic Development Centers. qualified persons who regularly reside in the center or in the adjacent or nearby redevelopmen, areas within the Economic Development District. e\cept: a. To the e.\tent that qU31ified persons regularly residing in the designated are3 or Economic Development District are not available: b. For the reasonable needs of any such Contractor or subcontractor. to employ supervisory or specially e.\perienced individu31s necessary to assure an efficient execution of the contract: C. For the obligation of any such Contractor or suocontractor to offer employment to present or former employees as the result of a \3wful collective bargaining contract. provided that in no event shall the number of nOil-resident persons employed under this subparagraph exceed twenty percent of the total number of employees employed by such Contractor and his subcontractors on such projo.:t: Every such Contractor and subcontractor shall furnish the United States Employment Service Office in the area in which a public works or de,'elopment 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 .c1assi- fication. and the estimated dates on which such employees will be required: The Contrac,or shall give full consideration to all qualified job applicants referred by the local employment service. but is not required to employ any job applicants rc:ferred \\ hom the Contractor does not consider qualified to perform the classification of work required: i The payrolls maintained by the Contractor shall contain the following informatio~: The employee's full n3...'71:. address and social security number and a notation indicating whether the employee does. or doe:; 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 " I J ] ., ~ J j j 53. NATIO~AL HISTORIC PRESERVATION ACT OF 1966 The contr:!ctor agrees to contribute to the preservation and enhancement of structure" and objects of historical. archi- teciural or archaeological significance when such items are found and/or unear~;-,ed during the course of project con- struction and to consult with the State Historic Preservation Officer for reco\'e;: of the items. (Reference: National Historic Preservation Act of 1966 (80 Stat 915. 16 USC 470) and Executi\'e Ore::; :-':0. 11593 of May 31. 1971.) 54 . CLEA~ AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT The Contractor agrees to comply with Federal c1e3n air and water standards c::ring the performance of thi" contract and specifically agrees to the following: a. The term "facility" means (3) any building. plant. installation. structure. min::. \ essel or other floating craft. location or site of operations (b) owned. leased. or supavised (c) by the contractor 2nd the subcontractors (d) for the con- struction. supply and servi(;e coatracts entered into by the contractor: b. that any facility to be utilized in the accomplishment of this contract i" not bted on the Environmental Prot::-ction Agency's List ofViobting Facilities pursuant to 40 CFR. Part 15.20: c. that in ihe event a facility utilized in the accomplishment of this contract bt:coone:s listed on the EPA list. this contract may be cancelled, terminated or suspended in \\hole or in part: d. that it will comply with all the requirements of Section 114 of the Air Act 2~d Section 308 of the Water Act relating to inspection. monitoring. entry. reports, and information. as well as all other requirements specified in Section 114 and Section 308. respectively. and all regulations and guidelines issued th.:r::u;;der: e. that it will promptly notify the Ga-.:emment of the receipt of any notice from Lie Director. Office of Federal Activi- ties. Environmental Protectiun Agency, indicating that any facility utiliz-:d or to be utilized in the accomplishment of this contract is under consideration for listing on the EPA list ofViobtir.g Facilities: f. that it \vill include th-: provision" of paragraphs a. through g. in every subcontract or purchase order cr.tercd into for the purpose of accomplishing. this contract. unless otherwise exempted pursuant to the EPA regulJtions imple- menting the Air or Water Act (40 CFR. Part IS.5). so that such provisions will be binding upon each subcontractor or vendor: g. that in the e--'ent that the contractor or the sutxontractors for the construction. suppl)' and service contr;.!cts entcred into for the purpose of accomplishing this contract ....ere e\empted from complying with the ahove requirements under the provisions of 40 CFR. Part 15.5(a). the cxemption shall be nullified should the facility give rise to a criminal conviction (See 40 CFR. Part 15.20) during the 3ccomplishment of this contract. Furthermore. ....ith the nullification of the e.\emption. the above requirements shall be effective. The contractor shall notify' the Govern- ment. as soon as the contractor or the subcontractors facility is listed fur having given rise to a crimi-n:ll conviction noted in..tO CFR. Part 15.20. 18 Section 4-1 SUPPLENE~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 business 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, Orien.tals, Indians, Eskimos, and Aleuts. Ko partial or complete waiver of the foregoing requirement shall be granted by the ~y~er and approved by the Economic Development AdBinistration other than in exceptional circumstances~ To justify a waiver it must be shown that every feasible attempt has been 8ade to comply, and it must be demonstrated that 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 th~l 10 percent of the contract funds (or whatever lower percentage has been authorized by waiver) will be expended to such enterprises, this contract will be suspended or terminated unless (a) tha expenditure shortfall is not the fault of th~ contractor or (b) the contractOr satisfactorily deRonstrates it hill make up for the shortfall during the balance.of the contract period. Any waivers hereunder are subject to the approval of the - Econo8ic Development Administration. .j I The contractor further agrees to cooperate with the ~.mer in furnishing the Economic Development Administration with reports on oinority business enterprise utilization after award and at 40 percent completion of the project. Page 2 2. E:-.rPLOY~IENT OF I LLEGAL 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 la\v, 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. j. UTILIZATION OF UNITED STATES PRODUCTS: The contractor agrees 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. EMPLOY~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 20l1(2j(A). 5. STATED ALLOWANCES: Pursuant to Section 36 of the General Conditions, the contractor shall include the following allm'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 Spe ci fi ca tions) $ 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 Public 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 lcss- than $500,000 on account of any. one occurr~nce. 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 s~~e amounts as specified in the preceding paragraph or (b) insure the activities of his subcontractors in his OHn policy. 7. ~.L\.:\POi';ER 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, ED/\., in Washington, D.C., and to the appropriate Regional Office by the fifth day of each month, a Manpower Utilization Report, using Optional Form 66. 8. SCHEDULE OF OCCUPATION CLASSIFICATIONS A~D ~IINH1UM HOURLY WAGE RATES AS REQUIRED UNDER PARAGRAPH 45 OF THE GENERAL CO:\DITIONS ARE PART OF THIS CONTRACT. ~ rick1;:~'yCl'S C2rpenters r0~cret~ finishers lectr.icians Yoro setters Tronwo~kers> reinforcing 2Do:-ers: l.e.borers .AsphalL: rakers PipeL::~yers _Tuck dLivers Helcers Rate for craft 0~er Equip8ent Operators: Asphalt distributors Asphalt mixers Asp~alt paving r.achine As~halt pl;mt Asphalt plent drier As?},alt screed :E2-ckhoe Bulldozer Concrete bet ching plant' Concrete pavi~g Eachine (:yane3> 'derricks> draglines 1 Gradall . Loaders, front end K:~chanics I' }~oLor gLaders Oiler - Greaser Peve~ent striping Bachine Piledriver - leads~an P.olleLs: EZlse Fi:;i.sh Scr2pers Tug b03t o?erato~s ~idcning spreader Dachine },!,SIC JIO~i1GY R!,.'t'GS ~. J:L -\/- :~~"c;~.,~''';'~~. ~:~'~~~"J~'Jp~:--'I~;- - --- .~_-----::_':_~ 1. L.....:._~~____ $3.25 3.93 3.42 5.95 3.25 3.00 2.65 3.0l1 2.75 2.65 3.14 3.50 3.18 2.98 3.25 3.l11 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..S8 3.00 2.85 3.68 f t , ~ l t' .' ~. ;;- . . [~ (: L r I I L <-' ..... 1-. t i. i. [ <. ( l . f f - r I (7-24-78 - Check c rrent rates fQr revision ) Page 4 9. CORRELATION, PRIORITY AND INTENT OF THE CONTRACT DOCUMENTS: 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 known 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 anot}ler ContI act Document, the provision in that Contract Document first listed below shall govern except as otherwise specifically stated: Change Order Contract Addenda Pr6posa1 Information for Bidders Advertisement for Bids Specifications Supplemental General Condition~ General Conditions . . ...1 . _ _ _ 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. ~~TERIALSt SERVICES fu~D FACILITIES: Unless otherwise specifiedt all material shall be new and shall be of good quality and in good condition. If not otherwise providedt materials or Work called foi in this Contract shall be furnished and performed in accordance with ,.:ell-knOl\'n, 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 1Vritten 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 incdrporating in the Nork. Samples of materials shall be submitted for approval when so direcied. Machinery, equipment, material~ and articles_ instal- led or used 1Vithout such approval shall be at the risk of subsequent rejection. -12. DEDUCTION FOR UNCORRECTED WORK: If the Engineer and O,...Jler deem it inexpedient to correct Work injured, or done not in accordance with the Contract, the difference in value, together with a fair allowance for damage, shall be deducted from the contract amount. 13. CORRECTION OF WORK AFTER FINAL PAYMENT: 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 17.- KCJTICE OF ST_"'.RTING AND STOPPING WORK: 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. CLEAN I?\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 Enaineer an arbiter to establish subcontract limits between C> the contractor and his subcontractor. Each subcontractor is requested to carefully examine his Plans and Specifications to determine in what way his Work will be affected by the Work of other trades and exactly what 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 tit Ie of Art ic Ie 13 of the General Conditions as shown above and add the following: The CONTR..!\CTOR will be responsible for initiating, main- 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- Qent 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, walks, pavements, roadways, structures and utilities not designated for re- moval, relocation or replacement in the course of construction. He will erect and maintain, as required by the conditions and progress of the lvORK, all necessary safeguards for safety and protection. The CONTRi\CTOR will remedy all damage, injury or loss to any property caused, directly on indirectly, in whole or in part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly or indirectly eTilp10yed 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 Oh~ER or the ENGINEER or anyone employed by either of them or anyone for whose acts either of thew nay be liable, and not attributable, directly or indirectly, in whole or in part,to the fault or negligence of the CONTPv\CTOR. 24. CONSTRUCTION WATE.R: The Owner will provid~ wat~z for constr~cti9n purposes. 25.. FLORIDA STATUTES REGARDING EMPLOYMENT OF APPRENTICES AND. TRAINEES: , The following paragraphs delineate requirements as set forth ln Florida Statutes 446.101(2), General Authority 446.031(2) entitled "Apprentice and Trainee Enp10Yfilent Requirement.s>,' Section 8R!\-4.03 adopted Septenber 11, 1973. 1. Each and every contract between a contractor or supplier and a state agency, county, or munjcipality in excess of $25,000 shall contain t.he following or eouivalent contract cJauses: . - a. Contractor or supplier agrees to make a diligent effort to hire for the performance of the contract a nUfilber 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 ourne;-r.ten. 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 Hhen . the nLLllber of apprentices or trainees to he hired is fewer than four. c. Contractor or supplier agrees to submit at three- ~onth intervals, to the Bureau of Apprenticeship of the Division of Labor, records of e~ployment by trade of the n~~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 all apprentices, trainees, and journey- men. 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 i diligent effort in the "hiring of apprentices and trainees and containing a breakdown by craft of hours worked and wages p~id for first-year apprentices or trainees, other appren- tices or trainees and. journeymen. . . 2. Fe~sibility as required by clause let) of this section shal~ be measured by the following' . criteria: a. The 2\"ailability of training opportunities for first-year apprentices or traine~s; , , I 'b. The hazardous nature of the work for beginning l\"orker s; and c. The excessive uneoploYQent 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 employs 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 co~bined in the labor market area, employs an 2verage 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. 2.7. SUBCONTRACTORS: The contractor shall not employ any subcontractor or other person or organi zation (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 Alv-ard and not objected to in writing by the Olmer 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 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- iZa.tion who has been accepted by the Ohrner 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; and the purchase price. The Contractor will provide satisfactory .1 written evidence prior to the next mon~hly payment that the mater- ' ials and/or equipment have been paid for to the extent outlined in Article 27 of the General Conditions. The Contractor shall notify th~ 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 I " 29". "PAYROLL REPORTING FORl\lS'.: 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 ~overnment Printing Office Bookstore 275 Peachtree Street, N.E., Room 100, Atlanta, Georaia 30303 at a cost of $3.95/pad of 100 "Payroll o , Reporting Forms". (Checks should be made payable to Superintendent of Documents.) , 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. .. .. Section 5-1 CONTRACT The following contract is entered into between the City of Sanford and Oneman Engineering P.O. Box 1613, De1ray 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 .w /1 (/f I f' J. Attest: actor &?U?H~ Date: At te s t : p~~. Dateg/'~;; -5; /0/ 7 ~ ::~~