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03-12-1984 Council Packet
4 q SPECIFICATIONS FOR HANDICAPPED RAMP �.LAKEVIEW GOLF COURSE r; FOR CITY -OF 0R3NO� I N QZ"`A . 1084 FILE No. 13921 M HANDICAPPED ACCESS RAMP _ LAKEVIEW GOLF COURSE FILE NO. 13921 ORONO, MINNESOTA 1984 I N D F, X Index { Advertisement for Bids Labor Standards Information Packet Information to Bidders Proposal Special Provisions Technical Specifications 02220. Excavation, Backfilling 6 Grading - Specific 6 General Requirements 02800. Bituminous Street Repair - General Requirements ,13200. Concrete Reinforcement - Specific 6 General Requirements 03310. Cast -in -Place Concrete - Specific 6 General Requirements 04200. Masonry - Specific 6 General Requirements 0`;500. Metal Fabrications - Specific 6 General Requirements 06000. Carpentry 6 Millwork - Specific 5 General Requirements 07920. Sealants and Caulking - Specific S General Requirements 09900. Painting - Specific b General Requirements Conditions of the Contract I hereby certify cost this plan tnd specification was prepared by me or under my direct supervision and that I am a duly Registered Professional $ngineer under the taws of rhg State of MismiWota. rA-4ford A. be '.E. Date: March 7, 1984 Reg. No. 6231 w 0-%93D Gi ADVERTISEMENT FOR BIDS - Sealed bids will be received by the City of Orono, Minnesota in the City Hall, 1335 Brown Road, Crvstal Bay, Minnesota, until 10:00 A.M., C.S.T., on Tuesday, March 27, 1984, at which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the following: HANDICAPPED ACCESS RAMP - LAKEVIEW GOLF COURSE including all material, labor and all necessary correlated appurtenances to construct a Handicap Access Ramp Plans and specifications, proposal forms and contract documents may be seen at the office of the City Clerk, Orono, Minnesota, and at the office of Bonestroo, Rosene, Anderlik 6 Associates, Inc., Consulting Engineers, 2335 W. Trunk Highway 36, St, Paul, Mr.. 55113. Each bid shall be accompanied by a bidder's bond naming the City of Orono as obligee, certified check payable to the Clerk of the City of Orono or a cash deposit equal to at least five percent (5%) of the aocunt of Lhe bid, which shall be forfeited to the City in the event that the bidder fails to enter into a contract. The City Council reserves the right to retain the deposits of the three ... lowest bidders for a period not to exceed 30 days after the date and time .� set for they opening of bids. No bids may be withdrawn for a period of thirty (30) days after the date and time set for the opening of bids. Payment for the work will be by cash or check. Contractors desiring a copy of the plans and specifications and proposal forms may obtain them from the office of Bonestroo, Rosene, Anderlik 5 — Associates, Inc., upon payment of a deposit of $20.00, all of which will he refunded to all bona fide bidders, providing said plans and specifications are returned in good condition within fifteen (15) days after the date set for the opening of bids. A bona fide bidder is one who actually signs and sub -airs a bid. No money will be refunded to any person who obtains plans and specifications and does not submit a bid to the Own e. r . The City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests of the City. Richard Benson, City Administrator Orono, Minnesota .r (-7R91n 0 DATE: Revised Auqust 16, 1982 Li TO: Contractor r s HENNEPIN FROM: Urban Hennepin County SUBJECT: Responsibilities of Prime Contractor and Subcontractor on Federally Assisted Projects As a contractor ur subcontractor on federally assisted projects you have specific responsiblities in the area of Labor Standards and Equal Employment Opportunity. These responsibilities are outlined below. Additional information on the responsibilities outlined below can be found in the attached information packets. Forms to be filled out and submitted with your bid are contained in these packets. LABOR STANDARDS 1. Compliance with HUD 4010 Federal Labor Standards Provisions on all Community Development funded projects of 52,000 or more. .2. Compliance with Prevailino Wage Requirements. 3. Submittal of completed Contractor Certification HUD 1421 and Subcontractor Certification HUD 1422 alona w-_th bid. .•� 4. Submittal of signed Section 3 Compliance Certificate along with bid. EQUAL EMPLOYMENT OPPORTUNITY 1. Compliance with Equal Employment Opportunity (EEO) provisions of Executive Order 11246 on all contracts of 510,000 or more. -- 2. Submittal of com letedEqual Employment Opportunity Compliance Certificate by prime contractors and subcontractors along with bid. 3. Submittal of Construction Contractor Identification -Data form along with bid. - 4. Employment goals and timetables for women and minorities. 5. Completion of Monthly Employment Utilization Report. ',. 6. Orr contracts for $50.000 or more and you have more than 50 non -construction employees you must have a written (AAP) Affirmative Action Pltn. To be submitted with bid. 7. Contracts for supplies and services over 510,000 must include the E.E.O. Clause of Executive Order 11246. ii If you have any questions on this material and your contract/subcontract responsi- bilities contact the Urban Hennepin County administrative office at 348-6418 or ra write to sar+e at: C-2353 Government Center Minneapolis, MN 55487 I� LABOR. STANDARDS INFORMATION PACKET Contents: 1. HUD - 4010 Federal Labor Standards Provisions 2. Contractor/Subcontractor Certificatioi forms (HUD-1421, 1422) 3. Section 3 Compliance Certification Form 4. Prevailing Wage Rates (Attached) 5. Payroll Reporting Form (Handout at Pre -construction Conference) 6. Employee Interview Form (Handout at Pre -construction Conference) M HUD•4010 (2.76) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FEDERAL LABOR STANDARDS PROVISIONS 1. APPLICABILITY The Project or Program to which the work covered by this Contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assist- ance. _ 2 IMINIKUM WAGE RATES FOR LkWRERS AND MECHANICS 4 � All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once -� each week, and without subsequent deduction or rebate on any acc- nt (except suck, payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regula- tions issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti -Kickback Act hereinafter identified), the -3 full amount due at time of payment computed at wage rates not lose than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached and herein incorporated by reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the -' employer rovides or secures satisfactory facilities approved by the Local Public Agency or Public Body for the cashing of the same without i cost or, expense to the employee. For the purpose of this clause. ..i contributions made or costs reasonably anticipated under Section 1 (b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the r~ provisions of Section 5.5(a)(1)(iv) of Title 29, Co3e of Federal Regulations. Also for the purpose of this clause, regular contribu- tions made or costs Incurred for more than a weekly period under plans, fundo, or programs, but cover.rir the particular weekly period, are deemed to be constrlctiveiv made or incurred during such weekly period. -, 3. UNDSRPAYMMITS -F 'WAGES OR SALARIES *+ In case of underpayment of wages by the Contractor or by any bw subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Loca1 Public Agency or Public Body in addition to such other rights as may be afford- ed it under this Contract shall withhold from the Contractor, out of any payment@ due the Contractor, so mucr; thereof 3s the Local Public P114- 1 ^f 11 P&AC4 L� Agency �., Public Body may consider necessary to Fay such laborers or mechani the fLll amount of wages required by this Contract. The amount a, withheld may be disbursed by the Local Public Agency or Public bu,iy, for end on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringes benefit prescribed in the applicable wage determination. 4. ANTICIPATED COSTS OF FRINGE RENEF'ITS 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 anticipa.ed in providing fringe benefits under a plan or program of a type expresely listed in the wage determination decision of the Sec m cary of Labor which is a part of this Contract: Provided, however, 1hN 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 eet aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency or Publi.c Body with the first pay -roll filed by the Contractor subsequent to receipt of the findings. c. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (76 Stat. 357-360: 'title 40 U.S.C., Sections 327- 332) (a) Overtime requirements. No Contractor or subcontractor uontracting for any part of the Contract work which may require or involve the Rmployment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a rate not lees than one and one --half times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day cr in excess of 40 hours in such work week, as the case may be. (b) Violut on: '. �ub;.lity for uri,aid w.Ages liquidated damages. In the event of any violation of the clause sue* forth in paragraph a), the Contractor :And any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wagps. Ln addition, such Contractor and subcontractor shall be l'.able to the United States for liquidated damagee. 3ueh liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paxatigraph (a), in the sum of $10 for each :alendar day on which such employee was required or permitted to work in excess of H hours or in excess of the standard workweek of 140 hours without payment of the overtime wages required by the clause set forth in paragraph (a). t (c) Withholding for liquidated damages. The Local Public Agency or Public Body shall withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may administrat:voly be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liqui- dated damages as provided in the clause set forth in paragraph (b). (d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractor:► io include these clauses 1 in any lower tier subcontracts which they may enter into, together with i a clause requiring this insertion in any further subcontracts that may in turn be made. 6. 'EKPLOYK0T OF APPRMTCES/tRAUMS r. .� a. Apprentices will be permitted to work at less than the prede- termined rate for the work they performed when they are em- ployed and individually registered in a bona fide apprentice- -_ ship program registered with the U. S. Department of Labor, Manpower Administration, Di eau of Apprenticeship and Training, .., or with a State Apprenticeship Agency recognized by the T.seau, or if a person is employed 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 the Bureau of Apprenticeship and Training or a State ApprenticeshAp Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classi- fication shall not be greater than the ratio ->ermitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who iu not a trainee as defined in subdivision (b) ., of this subparagraph or is not registered or otherwise employed w as stated above, :'iali 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 -Uo•401< a '61 oft .., r� + furnish to the contracting officer or a representative of the s Wage-P Division of the U. S. Department of Labor written evider�. )f the registration of his program and apprentices as �1 well as the appropriate ratios and wage rates (expressed in percentages o: the journeyman hourly rates), for the area construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained + in the applicable wage determination. b. Trainees. Except as provided in 29 CFR 5.15 trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and Individually registered in a program which has received prior approval, evidenced by formal certification, by the U. S. Department of Labor, Manpower Administration, itu.reau of Appren- tice and Training. The iatio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee mint be paid at not less tha., the rate specified in the approved pro- .. gram for his level of progress. Any employee listed on the r payroll at a trainee rate who is not rogistered and partici- pating in a training plan approved by the Bureau of Apprentice- ship and Training shall be paid not less than 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 furnish the contracting officer or a repre- sentative of the Wage -Hour Division of the U. S. Department of r, Labor written evidence of the certification of his program. the registration of the trainees, and the ratios snd ware ratesa prescribed in that program. In the event the Bureau of Apprenticeship and Training withdrawa approval of a train- ing program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. E ual E No -agent importunity. The utilization cf apprentices, r trainees and journeymen under this part shall be in conformity with the equal emplioyment opportunity requirements of Executivh Order 11246, as amended, and 29 CFR Part 10. Page i d 13 Paseq A w MUD &010 (2-761 0 7. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of ©i.xteen years an- no person who, at the time, is searing sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 8. RDGULATIONS PURSUANT TO SO-CAI.I.ED "ANTI -KICKBACK! ACT" The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948: 61' Stat. 862; Title U.S.C., Section 874: and Title 40 U.S.C., Section 276c), and any amendments or modifications thereof, shall cause appropriate provisions to be in3erted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the require- ments thereof. 9. EMPLOYMENT OF LABORERS OR MPERANICS NOT LISTED IN AFORESAID WAGE DETE MINATION DECISION Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency or Public Body, and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the Local Public Agency or Public Body shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for final determination. 10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The Local Public Agency or Public Body shall require, whenever the minims wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be refe rr!rd, through the Secretary of Housing and Urban Development, to the Secretary of �+ Labor for determination. r Page S of 13 PAdP'r ..Q0 6010 :I ;b) til am r-, il. POSTIM WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various clasaification of Laborers and mechanics employod and to be emrioyed iil,on the work ,:overed by this Contract, and a statement shoving all deductions, if any, in accordance with the provisions of this Contract, to be made from wagef, r actually ew.med by persons so employed or to be employed in such classi- fications, shall be posted at appropriate conspicuous points at the site of the work. 12. CCIPLAINTS, PROCEEDINGS, OR TESTIMONY i3Y EMPLOYEES Nc laborer or mechanic to whom the wage, salary, or other labor "! standards provisions of this Contract are applicable shall be discharged. or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under ur relating to the labor standards appli- cable under this Contract to his employer. 13. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertainizut 'o wage rater, or to classifications an of laborers and mechanics employed up._:n the work covered by this Contract .� shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body for referral by the latter through the Secretary of Housing and Urban. Development to the Secretary of TAbor, United States Department of Labor, whose deci ion shall be final with respect thereto. 14. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND RDCULATIONS All questions arising under this Contract which relate to the Owl lication or interpretation of (a) the, aforesaid Anti -Kickback Act, (b the Contsect Work Hours and Safety Standards Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (-; the labor standards provisions of any other pertinent Federal statute, ahall r be referred, thr• _h the Local Public Agency or Public Body and the Secretary of Hous"4 =4 Urban Development, to the Secretary of Labor, United State* Departmnt of Labor. for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied *Sae for the purposes of this Contract. 15. PAMLIS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SIIBCONTRALTQRB IN The Contractur and each subcontractor shalt rrepare his payrolls an forms satisfactory to and in accordance with instructions to be ■1 "QV 4C to yel 61 N1 Q furnished by the vocal Public Agency or Public Body. The Contractor shall submit weekly to the Local Public Agency or Public Body two certified copies of all payrolls of the 4Gntractor and of the subcon- tractors, it being understood that the Contractor shall be responsible FINfor the submission of copies of payrollb of all subcontractors. Each' •.,. such payroll shall contain the "Weekly Statement of Compliance" oet forth in Section 3.3 of Title 29, Code of Federal Regulations. The !i payioliA and basic payroll records of the Contractor and each subcon- tractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of 3 years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, his correct classification, rata of pay (including rates of contributions or costs anticipated of the types described in Section 1(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, !, deductior.s made, and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, -. Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reab-)nably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act. the Contractor or subcontractor shall maintain records which show that the commitmert to provide such benefits is enforceable, _. that the plan or program is financially responsible, and that the plan or program has been commsnicated in writing to the laborers or mechanics affected, aad records which show the costs anticipated or the actual cost incurred in providing such benefits. The Contractor and each subcontractor shall make his employment records with respect to persons -�- employed by him upon the work covered by this Contract available for inspection by authorized represent .itives of the Secretary of Housing and Urban Devtl.opment, the Local Pubii^ Agency or Public Body, and the United States Department of Labor. Such represeniatives shall be permitted to -. interview employees of the Contractor or of zry subcontractor during .�. working hours on the job. 16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES "r The transporting of materials And supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, E.hail, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to vhieh these Plederal Labor Standards Provisions axe applicable. 17. UMLIGIBLE S71CON7RACTORS The Contractor ohall not aub-ontr ict kv part of tiv, work coveted •e by this Contract or permit yubcontricteJ work to be tlart1wr embeantreeted P". , V J.: r L✓� without the Local '.Public Agency's or Public Body's prior written approval of the subcontractor. The Local Public Agency or Public Body will not approve grey subcontractor for work covered by this Contract who iL at the time ineligible imder the provisions of any applicable regulationa issued by the Secretary of Labor, United States Department of Labor or + the Secretary of Housing and Urban Development, to receive an award of such subcontract. �. 18. PROPISIONS TO BE INCLt?I7F.D IN CERTAIN SUBCONTRACTS The Contractor shall include or cause to be included it Bach subcontract covering any of the work covered by this Contract, provi- sions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in W lower tier subcontracts which they may eater into, together with i clause requiring such Insertion in any r rther subcontracts that may in turn be made. `+ ig. BRUCE OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Bc:dy + reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by ti:.¢ Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also he grounds for debarment as provide by the applicable regulations issued by the Secretary of labor, United Staten Department of Labor. Pat! d ( 1.1 Pfivvl, WE e� [�J MUD-4010. 1 (2.76) 1-1;, ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS r SO•CALLFD "ANTI KICKBACK A(T" AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY Of LABOR, %J UNITED STATES DEPARTMENT OF LABOR TITLE I N. U S.C.. ,eclton 874 .. I Replacer; \ection I of the Act of June 13. 1934 (48 Slat 94M. 40 U.S.0 , sec 2761,1 pursuant to the Act of June 25 1948. A2 Slat 862) ram+ 1 KICKBACKS FROM PUBLIC WORKS EMPLOYEES 1 M lrere v'r. h\ Lwr,', IulnnnlJtnm '.r Ihr.v1 ul I'm.. moo h.rul wl If..... ,...1.6.\n,. nt '.r fee roof In.11N'.'. In\ Iw'fv111 .',Nf.k,♦,',I ,n tiv-..n.lnn lloll IMry'r ,II1.r.l. i.elll.M-ire,o .w I' i.J1I'rI illl pol.le hnlhllry. l.V1dre wr,rk ..I Ioo Moog "f w,wk Illlanl'r.1 In .1.,Ir or III f'M I.\ I,.an. r grarll. ln.m fire' I oll.'rl `IJI. 1.1 get' „I, J,,, halt '.f Ihr' "We. Irnrlro,r I„ .h. 6 le- 1. tot,tlyd u,wlrr hn ..'nlrA, 1 .d "mf16o\rllrnl. •hall Ire Jun d —1 ,Irlw. 0110 S-' IMMI" lunflrwu 'I n..: �• SECTION 2 OF THE ACT OF TUNE 13. 1914, AS AMENDED 44A Sul 944. 62 Stat 462. 61 Stet 1011, 72 Slat. %7, 40 U.S.( . K .1764.1 tit I hr •.. I. tan .,I I aln,r .hall n'ak, rr a.,na66 n'Culallum. for .-ar. t.r .... .ulw'mlrJr Inr.,'rlyyl.d m Ihr „Iw4rn.iw.n fw,.'r•r ulwm..omfdr'Irem'w rrparr "t pulrin buddlnj., l.ubllr work, or hlulding ur worrk. Anan..A on r6offo`' ur or llrrl ►t 4,4n. r,I tRant• form, thr I nittrl •tal,. or, Lehner a prylY l+re wl 11.01 YM'1. •..nlra. I,.r Joel .olor.-from. Ire .hall IIwrnJ, Ire, kll 1.talrm,'ItI ruh rr.f..l I., Ihr tage-, Pad .a, h , n ploto r dunnl; th- p0'. rdnq rr. k Iem IINII ..('I db' IH (I aq.d �IJIr (il% l J,dl Jf.fd\ li. .Iw'h .1 al, mYnt.. x x x *'!' 1'.lr•ond I,1 Iilr aL.r.•.Jel %ot# Kalb& k 1, 1 !Ire ., rrlar\ "f I dew. I'olrr.l 1INr- IMPMwr nt of Lire .f hr, pr,wnul [Nod low rrrulww,n. 6r'rrinafttf vt I-wlh, wlo, 1. roped Jlrem* ." L'mrrt In 1,11, !e 1. •ul.fole- A.I .,dr •.f I','drr Jl It• p.dale.rw. Part 1. 1111, I,•rm "'IIII. pan a. nod ,, it,, rrfrylalen,- hrrr.naflrr rl forllt. rrtr.. I., I'aA .1101 rilm— mrnll..n.r1 purl rrr stair... art J. I•.16.r- TITLE 21) LABOR r� { Subtitle A - Office of the Serretary of Labor PART I CONTRACTORS .AND SUIICONTRACTORS ON PUBLIC BUILIHNG OR ►t BLIC WORK FINANCBD N WHOLE OR IN PART BY LOANS OR GRANTS FROM THE. I -41TID VATE.S Set lion 1 I Purpose and scope. it". Ilan pep. gr. Ml1 klrklYrk r/xYloll—n. ,Ilwin .lrrtwlfl �.' of lie I rri I~ I isme 86 "�. : Ifal pe jeedrl• kra.wn a. thr, o awlan,l Act Ihl.. fart appal— In an\ r.N1lrw I rlloch ...'U��*rrl 1... E,.rtty8l w4w� ,row wlrn'l, or.I�w Ihre' . tum4ru, I«mlll , pro',' WM, .,mepi,imo, 'w rrimm of 1-mble d hudwlRr .. woew-k-.- hVoldblow "Ir.fk. 4, fWanr rd .n wlr.ir w .n part 6% bran. or pa,.t. Imm !.'r 1 •IM• • 111r fWf ,. ,alrrrirA 1, s.d In !Ire .n1.,rrrrlrrwf "I Ili, awrornlallr ..& fw„nawM. let Ihr 1144n. Nr 'ro 1rt and Ihr .Hrwr..481114 - 4r86wlf wN6 h •'I,r JN. aw'r-/td That i.e1a..rwlar own m row ..a0 fw...l•r,.•. .,:: Irwlm, Ihw.r fwr.aMrrn. wt-1, an W4 • 1". 1'. mom ,.. I i an Page 9 of 13 Patee, A 10 to (e.g.. the I idiri r Ilnta�ng Art of IIKO. the Irdrral Rater Pollution I nntnd \rt, troll the llutttang \rt of Ill ill). rid ill the . nfurrrment of the do rtirrre pruvassons of Ihr I ontrart Work Hour► Siandrris A r I who never Ilie% an afgdMable lit I ,.If ol tol.is work. The part -Irlaiis the obligation of eonlrardwa and oubrontrartors relative a, the reekly whmr.wion -d .tstrm.•nt, rrgaril Ing lire wags Lard ,n work rover-4 thereby. arts Girth the rtrrumslancrs and pn, • hiri a governing the making of pa. hill d, IPi durlaim from the walfea of Ilse employed on aurh Turk: and ddfnratrs live n tlwd. ,,f pal,rn--nl lwrmrwble „o %orlt work. Section 3.2 De,initions. A, vwd m Ihr- n gu aUdoris in this hart (a) Tlir i,rmt "budding" or "work'• grnerally include a.n%lruction at tivlty u dattingu•vhed from rnanufas luring. fumtslntig -d materials err w 'ring and maintenance *,A. The terms include, wilbout limitation, buildinr% 'trurturr% and tmprovemenls of all tv Ira, aurh as bridges, dams, planls. highways, pstltwty%, 4rrett. whways, lunnrly, ewer,, roam.. lw.wrr lines, purripwig Malvin-, rsslwsy%, wports, terminals, d ork.. parrs, whrye%, walls. lighthuuar!, buoy f,)rltirs, brrakwder,, Pox heirs, and ,r snab, dredging, 4vortng, scaffolding, drilling, blasting, rxravating, . leanng, and landscaping. t-nlr,a 4ondoclyd in ronneetarn with and at the -air of Glitch a holding or work as n described in the foreguing sentent rn the manufat tiler or fomr.h. trig of materials. artire., ."I'ldrs, or equipment (whether or out a F'.dcral ur Mali agency s.yuoes title to —, 1. nutrriaiv. ar,wift, supldr%. ere equipment during the roursr of Ili.• inx—fartnre or rontr%hing, ior owns Ihr materials form who, [Iry am Musufarturrd for funti-lird) w rw.l a "building' or "w..rk within the mratung of the regulatol)m, its this part. (b) i hr lerm. "-.rn•srurt.trn.' " prrarrution.- "completion. it "r►l.sir" mean all lvtw%of work dune on a particular haldingot wuek at the 11" Henn(, Inducting, wtllitrnt hmitttitrn, altrrmg,rrmodehng, panloi4 and drmnting, the trm4wirt urg of mNrruls and sulgilr. to itt from the building tit work by the emplrivrra of the .nnslntrlwm-runlraclbr ur .vrotructot" ,ubi•irntrartnr, and the manufa -tunng tie ft.muhing of materaik. rill let, supplies - nluipment on the wtr ..( the b thfing err work, by lorovin. rrgrk,yed at the str by the rnnlrarlur ur %uceonlreetnr. r (r) 'rhe Iran% " pubb, building" ior "pohlir wor►., inrlode to doding .or work for whtnr run.lrurinen, prusrrolson, itwn. rMt plrtuorr, w repair, at definrt; al—r, a Federal %grow is a rontrarling prly, regarillewe of rheth.•r title therivtl w of. a Federal agrnr•y.r (d) "Mr term " budsim; . w w wk fnarne I on whole err m part by loan. err irraat. from Ihr I nilyd State.*' it, Jude- bull.1 mg tw work file wloliw rouslnMln,. , lwowi tition rongdrtion, or rel.atr a, drfmr•1 al.ove, lea. nwnl err lost[ pavnirnt to, matlr tt Aireelly or tndreetfy from hirid, i o..ded by k.so% or pants by a Frdrral alrrel, v I he term dui, nut niclidr building ior wurk low whirh hrdrral wWaurr i, nit it rd voleI% to lout gtt scan pre. (or insuranr.-. (r) Bvrn p►min pawl by a ,•ontrartor err -ub# ontrsct„r in anv manner fur ha- [alias tit the rnntlrurtarn. protrrutnn, at1' viwnirlelnn .it n pan of a public building or pnhLr work it building --r w,ork financed in wNd, ur to, part by losers liegrant, from the Board dales is "emploi ed'• .rod ret P,,miz "ol age, ' regrdlew. of anv r n(raetuad rclaltnnship diryted to exist b twren ittal Inm and the real rmplovrr. M [he term "sun affiliated tree"'M in, I.,d.. a ytnar. rh.ld. parent, .or utber rkr.r reloil, r of the ronlractor err cab 114 ronlrsclnr, a lurtnrr,or offs,. r of I1,r ,.intrat;roc or ,ubrun trarIiw a roquwation � {.iseIv cunnri Ird with the to in or y .nln.uhartor a, pa•.•nI. whedwrv, (it :alrrrwtw, anti an officer or will „f ,urh rurporalnn. (-,) 'I he Iron •'Frdrral arrow • mean. the [ tilted `late%, the Ihstn, I of (.lumb.. and all rurutivr deprtmrnts, in. dependent rot ablioliMien( ., ariminlalralne agen,cie>. and tnblrumentahttr of the I tilled `tales and of the District of Golurnhu. mrhtding .vria.ratin... all „r .ohotanti.il. Al of Ih.• stork of witrh is Ill nrft. alli, ,.caned b% the ['titled ~Isles, by the Own, t of (.dumMa. or any of Ill, furegumg departments, r.raldithmentt, agrncte., and m%lrumrn Uftttro. Section 3.3 Weekly statement with respect to payment of wages (a) 1% usrd it, tho..rrtoom. thr term "emplovrr" %hall mil apple c„ prrwmn latwfiula.m. htghrr than that of iaborer „r mechanic and It— will- are the immrdut)• ,illrrv—m of %uch rmplovres. Page 10 or 13 Pages HUD-4010.1 f2.76) 0 rates (11) Loo.11 bYN1I/Jf lea/ W NbfIM'ailltra• 1,i1fs relcagrll In Ihr clfln-l►ul'In ". loco-t•1'111NN1, 1'1MII.IrIMIIt,.w 1. lease fl( al1Y pulda' 0-1insil lfllr, as piddle' M#,rk. IN lltaldflig, ter.r-- N-(inanrrll III whair for ell Lars II\ Wall, air 1Talal- fnNn ties• 1 elllrtl -:IAI.'-, •la,dl (Irnsh rat Is Nrrk r-Ialrinrnl rtlh n•yM, 1 lu Ihr Ndyr-hail rash ail elw -vuldu\rra.•n; a••rd ails Nl.n�fh l. -.arn.I - _NI I.FK . �'• Ilarts. 3 at"A .t does o.- Ili• favor.fvion11 bet -AI\ IN\ n111 IN'rp N1. 1 W, wlatl'l,wod •hall IN' rat.'. uI.A In Ipr r/MI(Jrlllr $if "doi-lose. trarl.w far In an 4"fln-roird -Nf 4vr Alf ,'held,.\ rat I,( It•.• rlaltfa• tale ail -,eta aNllre,'Iair strike -uIN•r\1-.;w Ili' Joel 111•'aiI ..I N a•'r•, anal .�1 ►lwl tar fail (.•fill t•,II •1 at.' 14dlrin.-. I ell IA,dolalwfwr , for sal Aft Oil- Ws- 1..f111 INI Ill,' feet L 4 WII 117 '-V.1\ r..11 Wait (�.111• r fearless.I IIIINocIel l •I') • IN ,In a"e full" N1111111r111Nat ".W11111'. walla-.,( 1111 :117 steel h II .I lit eel,% IN' -dd ANl-•.l It„sn -..• IIN• IarlVrrafro-Ill r„fllra'1"Il; fear MleswIw1N111I,• agt-nrV. soul 1v,INr- "( Ihr•.' f„►"1- Isle) IN. later, hxa d at thr I aitrrnobs NI Ptu.lte.g 11((irr. �r+ l� (1') III.- n+INr.•far W...( life. -rrl N.11 entail total al-I.l\ II. maincc,odrab 1 u( S2.11IMI..r I.'••. (et) IIIMtII A straiten ("edins, Its, ttlr lit ail tof a lrtlrr Al agrees . Ili' I., to tar\ ail I•AWbr else\ pronalr n'd•. Nldldr 111111Ia1sm-11•, rwialNNl-, nah'ralN ,•, asset . al-ral,iNailw (note# it"- rr. ptorl'hlr od- ait teal• •,. Ismael-.Ita)-'.1 1.- •... It I ai1NId NN1- a• Ito' NA 1. IAr) ..I ! I allow Iota) -I■-I II\ . .� (_) F.II 41, Jan, 1. 1961, A. alai-1.41r 1 dl :I:1 F.H. 111184, Jill) 17. 191111 Seclifrn 3.4 Suhiniavcion of \yeekly %falentent.1 and live prcaervation and impectilen of Weekly payroll rectlrok Ir (!A) Vote Is Mt rkly wlal.'Intrnt n'elllarrd -bledrr 4 .1..1 hall 1. drh,. red tot liar raitllearhoor tor wlar.u.1tat law. Mllh 111 --'area dal ► Are Ill)' r.po IJf Iy\ oared dJt-' .,( Also. pas n-II I,.'rlt all. Jai .I r-'Iwt'..... Wine ..I A Fr,lr/AI for %lair ago III•\ 111 •'leas}.' at tit-- Ntr ail it.• I.allllllug or W4e1., ,w, If Ihrev. 1• .". n'Ilr.'-.'lltellYr tat a Ftol,-Fal .w `lair M4•-11') it Ill, •IIr is( IIN• INlllaling its Nairk. 11p'4dIr11N•III-I1.II1 far It1AlI.•lI 11\ IIM' rl Netre-tier air w-eloc.Ibalrta late. %#flat#, an Is tlnsm'. I„ J F.'1h•ral air State- Alt, lf,'V n4stra, lilt' IIN or f11.J-sm'Nn., IIM In.ohllsm, -w N+,rk. Aftl f rattle r\alnaealle-11 J,I-1 t 1-.'-k r fold\ IN• onal•'. Y1. If -I airso..."t. far a I�1. tl.\ IlN'r... I, «� ,l1All IN' ka•Io a\a,IJIdr. we J;all IN- Iran"uftrd d,grlll,r WIIIf a rrlNarl -If all)-N-lalNtll, 111 :11'.',af-lato1w lead, militia, llt-N++Illn - IwrKr1IN'1l ItY Ill, V"Ilyd bair►Ilrl-Jrllllrlll ail f ahur I-, 1 (h) 1'srh I. or air •nlNtest rat late -I01 Iwrvnr hih NrrkI% ties fall rrr:wA- few a IN7n11d of Ihr-r.vrafs Irt,nt lair tar tie r1111/1.1.' total) la( IIN' I ai11Ife,1. 1 If.. leas nall rra'ee/llw Jtail -I mil Are'llralrl\ &seat r-.enld, to 1% thr t ante allsl dthln'ww -,( --.I, It Ialbb-r-'r a1Nl Inn, hant.. III• - yr►„ I - 1J•-III- all, In, rat.. .Ir Ilan , -IJ11% alibi N r•'k I- wtood., v, aif IMIN- I. dedin IN oil- n1.Nl-', .aid A- I"Jl wage- Iha,l %tN•II I.,n re,ll rrrairat. Jeall far Ihable avallal-1/' at all 111,#• liar eel -lot•, twn I11 the I,ffll',r -or lie- Ahlha•nr--1 retook Irpr-Miley. seal h) abdlN,nird n•prr w.+.lati\,•- of It... 11.•Iwr olorld -,( LA1Nw. f1hill Set -lion 3.5 Payroll deductions permi.\ible wilhoul application to ur allprllval If the Slattery of Iahllr. f� t I Irdlll'leslll- estate- u1N1,/ ilia- rin-tone'-Ia." • tar Ill IIM W.M.M.Jdr. lira+I 'It I#.- paraWAI.IM 4 IIIM--cli--st "U) IN' Illalir Wlllall/f Iplda'Avoca to, and algen/\al air Ihr M,'f•'I AI\ ,,( I.41es.r (a) %"V .I..II1"INN$ Alai-' lie IY-IIIIe11.11.-- N111. IIM n'-IIIIf1Yol.-M•.4 1 ,+hYal. �.tst. , ur lax aI let, nail a• f ralreel tar MAIr Yy WitlllvAliel(, ieNYNb11' to\I'- And F,,Vral-.-t'eal w,'tora) ta%e-. leer (h) All) 1h'dh1'llNll of es11m lwr\Ntl,-l\ llahl to fhe rMlal.sl er av a locates f do pea-1,a\ IIa•ni id awaltro, N Iwa -1Mh lan'I-a-' .' l M Iltalle, W Itlu.tll dl-. .iw air 1"I,n'-t. N 'Ioc,-la fell, Iln'paY,nrnl I,( be Ate•-" 1- rlllll-lief r.•d tat lease IN+•el Meade• .Inns\ NIMII a'J It r eie t'.Itellal.•ell Ili h.+'.. ad\a1N -A 1,. Ism, IMfuNI t'-11I/fete r.l •11 -u. 1. „eJellll'r a- its Fie, Ilsl-t --altipleir (rental," 411 de-lo,•III,01 ,01 IIN• riadY11a'rd Iellld-. (.') ,11\ drdlll'l rail, elf Alto( ..... 1- I.\ "..art fan).." Iai IN, paid I., Jtl d.,-f• assetr-- tier draftee title, 1- la- fa-tw to( tie-- • c.Nllrat lair, •Ill,-,-,Itr.lt star air ate- alfll.all-d 1..'rw tar N Ian caillu•N,1. be .•y11a1N 1fA1 MITI .'\I•I •. , Page 11 of 13 Pages Maio-4010.1 (2.76) t~ .i M a; )1 (d) Any .frdw-tor cnno !holing a ronlnl•uti on on behalf of the person employed to (undo eiatablislled by the earployer ' ^ ere rrprrsinut.v^ of a mployre,, of both. for the PniPOW of ; - •yidirat; either from principal or income, or both, medical or har.prlal rre. IwrMNrno or annuities on retirement, death bees ronnpenYtalM for I/tfunra, IIIneM, ICcident%, aNMrleaa, or ilWbllnty, its fair m.uraorr to pmrvlde any of the fon•giong, Or unemployment benefitia, vacation pay, uvtnlp, accounts, roar l vmlar payments far IIN• lrvfil of emploYrrs, them famnliry and defwndents. Provided, Aoviever, That the following vtandrds arc noel. (1) The h-dwinn, t. nest otherwise pmhihalrd by law, (2) it „either. (I) Voluntarily consented to by taw erlpl, y• r m wnlmpt rail in advaru a of the Iwnod in -Im It the work its to be June and such consent its not a condition either for the ololaaeing of ,r Pr the r,1r11maulnan of empiroytrornt, or (it) provadrd for in a barns fade c•AMrelive bargaining agreement be `} Iween the rr.nlrrNr, err wibrontrat-toir and relrew•ntallw•s of its employes. 11) nor proiGt Of other benefit u olherwlar ahtatwd, 1 t ,fre,ily at, ,ndrerlly, by Ihr contrru law trr .ubconlrarlor ur any affiliated Iwrnrn in flow farm aid , o111m1ww1t, dl+rnlrrod, or ,ghrrwr, and 1.4) Ihr deductnmu shall rri,c the 1mm-nwinre and intrust of lbc rmp6.vcr. fro Any di-aw lair rolltrllNatMg Iowanl Ill,- prior, hairs, •,( Flitted It.r o, Illfralr•r '�larnp- and lla,nda war 11 y1Auttl Ylly Juthlr,Yd by th. , ny k. 4K• (f)��1 %nv J dncINrn n•ga'lrlyd I,y taw. mpMoy,'c tt,, rnald, aura. ton pay 1„an. to of Ur purrharr ohs", III . realm 11nNNU rrrganlaed and aIN'nn,•d III a1"t,Vnlance will, federal and Stat, ,-rectal union ,tatulr,. (it) Anv d,•1111i'tom. v IiNetrdy authoro,ed toy the rinjob,vcr (,or list, making of 1'. ultribul N,n, to, governmental -N Hants- gamrmnwnl]I a(rnr at, •, -itch a. the American krd i rroas. ih) %my ih•Iluarivin v,Aimlanls, anllNrneed by the Parrish"— fair the making a( romiraboalrat. to Community 1 lor.i.. �/ I n,o,'d I—, r, l'nnd+. ail .amour charitable olxanrzalNnl. (1) Any ,I,toi (Nail• it, I,av r,'gular ronNNI Nnllatwi, ft,, :start Inrinlrr.lap dtw%, rust III, hNling fine. or 4acs', 11.00drd, M,a'e,rr, I last a i nikrlive hargaamng agrerrnrrd between if%- I nnlrw'law ,r wIirontractur and reprew I'ngoMo) pmv,dr. for .u, to drducti on. and the drdnp than. are rust Istlrrwive pnah h.trd by saw �t (j) Atria AedllrJust. nor more Ihan fair 111r i,,.t• 4M,anl, hsilgir g -r Ws.-r far,law, ma'tlnl! Ion- a wail• art .rrl Nan .Ran) of ill,- l air IJINr Mandard. orrl J ail i11, a, assys"" rd, JMI Part r.11 111 It— IItM'. %Is--" 'MIs a 11,,111' INN' I• nitrate the alMlitnmal n•rnr16 re joured Miler 4 a IG._" (al ••( III,- trth- ••hall be kept I Larry Sectiirn 3 6 Payroll deductions perinit+ible with the approval of the Secretary of Labor. �t Aitv c„sIIraa 1„r or mat) clanlrat 1,1r may apply t I I ihr it,, n'larN IA 1AIts air for IN, rnovrton to. nook, any dPit u,-Iman I- II Ir* r,lstl.'If 'NI.1, r , I_i. I It.- �4, n, less Ina% t7aml IN•rml.Nam wile lleyer he fund, Ihal. !a) I lo.' , o1ufM'lof, NIIN'aMr.Ior, or Jr,, af(d.al,d Iwr`a,n I6I idol A. a prnfit of IN'IN•fit drrrtly or undnre'-dy fn,rn t IN' aM d,rIN1n ,-other,I III,- form of a rnrna soon, dovuls-nd, err otherwise. (to) The ,M•doi tuon I. tool olho•rwim. pnihnbalyd by law. (r) 'Via, dr,lu, In,n r ,'other (1) v Iiinlardv . on.entrd Io by Ihr emplrrvrr, in wnlmg and art advenrr of Ur (wrNN1 in whis It ¢ i Iht, work I. to he done and a It ronwrni i. not a condition either for Ilre ublanu g of .-Mplovnlrnt err it. rontonuan.,• ,, (1) provided fast its a INnu lost, „Aleairve hargaaning wernient betw,•en the r, atra•bo or .u1N oalraa-lair and r,'prewrilative, of it% I-mpw.ver.. road • E. (d) 1 he drdou Uoo .•rv,•- Iho' : on,rnu'nrI' sad mirrr t of the employ.',' Page 12 of 13 Pages MUD-4010.1 (2.76)VA bf 3 mom Section 3.7 Applications for the approval of Ilse Secretory of Luxor. Anyappitrat..n for the nulutl; nl payroll d -,lurIu ,r . ender k :1.6 .hall ....npIN w ill. th. rrga... no lot- folk%wn.p para'rlpl,s of Ilu- .repot, (a) Thr appit,AWill .hall hr lot wntull( aI.J .hall Ior antis -"A to tl..`t(rrlan of I..dn.r. (b) The appl,rallon shall Idel-I& the ronlrx' or cunlracU u,,der whirl, Ili Mori, ul .Iursaton I. to I., I" r(..uu•d. Per it, l..aR.l %, oil be given ftw drductlnn: ooil) on slot. tilt, tdrl.l tfied crlo Ira, l•, rl, rpt nlw u a A.—, II, of rl(r I. t. oat I—, onntam I - (r) The apply. no mm .hall .t air affinloatticly Il,at Iherr t- ronrpium e w dI, Ihr ,L+InI., -t) fort 1, m tl. ............ of The ■f(Srmal.n. 41411 L, acrump.uu.•d b) a full -lal, menl of II,r fart. 1 11, .d u.g -,,. I. nnnphmu r. (d) Thr algd. alnm .hall o lmd a drr-npltull of 0... l.rnl.r-.•d .I'll,,, t.nn, tit, to I-- Ilrtrthl .and tht riwr.t of lal.. N .w nn', 1,31114+ fr.ntl w I.,Y Mat el it.. poq.w d dr.I a. lo.... ..odd Ise uudr. (e) The applwall,m sepal date the nanw aloof hn.owof at,% third l.-ry os lop wln,tlo ail hoof(• obla.n. d lo�ul tl. hu posed dt-durlhnu art to be lranatmlted suJ the alfilialnal of -w It prr.un, If aov, wdh Ill' appl.cnd. Section 3.8 Action by the Secretary of Ubor upon applications. !^� Thr 4crrlary of IAA or ,hall 14 (Idr whether or ,, lLr n gur.t(d dtdtn Itun t. I. rmo-.l,le nndrr I.rovl>r,tl- ill and shall nutdy the apphraul .n wnlutg of ills dirt -run. St-c►ion 3.9 Prohibited payroll dcductions. Deductions not t Iv wlwrr prov.lyd for b) this par( atnl w htch arc loot foul.l to br I. ruuv.hl. u..Jcr j :L6 ar,r pruhll,n- d. Section 3.10 Methods of payment of wages. The payment of wyl, shall )or loy rash, nrpotuhlr mslruulrn(- pal .Jtl. uo Jrinand, or Ihr addoI" uI form. of ruin 1. u�l lryitj tan for whirl, drdurltuu. art: I.•rmu,sthlc ortdrr thu parr. \o uthrr un th..l- of haven.-nt dull br rra.,torrd on wort. suhp•t( to Ow. Copeland Act. n Section 3.11 Regulations put of contract. All contrarza merle Moth rrslwct to [lie cnnPtrtrction, prorl•t.tt.tn, t,onplelnll,, or rr•I.atr of al.l' ptllrll( Inolhlrng or pldd.r wens M b.ulding or wtw` flr,Wleed III whole or tot part l,v htaotl, or granla rain, tlr Inllyd *list,•% Civ red l,) Ilit' retfulal,.11t\ .It tho tart .hall rvprr.l) Lh,d the contrarlrn or-uhtu.ltra, (or to cumld) wdh wrh of the repulattun• to Oho% part .ts rnav hi, al, yti f lr plirs6ic. In Iht. regard, me § 5.5 (a) u( II'la subtitle. 110 Page 13 of 13 Pages MUD-4010.1 (2.76) :r OS GO"PWXMl ManaGOl KI HR- _ - Js .7ErAa T11ANT yf . "SING ANO UaaAn .Fc-VEL.'PmEmT COstlMJNITY QEVELO"ENT aLOCrt ORANT PROGRAM CONTRACTOR'S CIRTIFICAT1ON CONCERNING LABOR STANDARDS Al10 PQEYAJUNP WAGE REOUIRMENTS TO (Appgpriar R&C-O"- lr I CATS ums"m elf( y/ coo ^AJIGT N.ur[ L The adsmipd, bsymg stamted a contract with for the construction of the aborw-rdeatlfied project, acimawledg m that: rn (a) The Lobar Sbmmbmde proefatam am iaeluded in the aforesaid contract; M (b) Catoctim of say udmactfom of the afasaad cooditiom. 1aciuding tahsciiam by any of his subcontracmm Bad aay lower tier subcmcauom. is hta rwapaimubtlity; �y He aarrtfiw WNW (a) 'imd r be now asy fitsa, partowship or eaaocution is wbich no ham ssbataatial iaterawt is dstpated as an r wafipbie cmereetcc by the Cocptroiler Goona.' of the Vatted States posaoaat to Section 5.6(b) of theRetalatiom of ter Socr ary of Labor. Past S (:9 CFR. Pore 5) or pwwom t to Section 3(a) of the Devil-Becva Act, as smwded (40 U.&C. 276e-21a)). (b) b put of the afaremeatioaed eaatact has been a wtll be subcontracted to any anbconttaetae al sxh sab- coatsctar or my firm, tsepomtioe. pad — up or aasoc Lon 1a wbicb such subcontractor hu a subaalatial mamt is dauptsd an as inelipble contractor punuaat to any of the afommmucoed regulatory or statutory peovtaiaam. r� i He agrees to Come and (award to the aioremonnoaed rec:peat atthin ten lays after the execution ofaoysubcontact, mcludiag theme executed by his subeoata,cwts and any lower tier subcontractors. a Suaeontmctor'a Comfiratwo Coocoasas Labor Sbtsdards and Ptwvarling;ate Requuements evcsted by the subctattactom. l He gm*Iies then. .mod (@) Tits Igaf name ead Me aeueeas *dims of the uasenrgneo me - lb) The wdersig"4 -s• 11/ A UNCLE ►eG••1[Tp A/M IA 131 A Cow"m^TtON O,fo AN,2[O IN TNa sTATa no T� -- 121 A •AATM[naN1► i fl .7TM[r♦ CnCAN, Z ATION tOffi•168i (c) no now, wfe @ai @dirges of the ewaw. pwteers or orficm of the undersigned cnt TLa I A001f [sa } t fray 1a to 2 (4 The Armes oW addresses ai al corer parsons, berm "mrst esJ csgenes, .iennj s sssssssnu ntsrst to tba 4060 i pd. Md the esllf of the iatetsyt we (if +set..0 .srek (a) The dsws, addressor and tnde Classrficatteas si all otter bwlliaq Cassttsctieo Castrecran io wwCh the wolan+ptd bad !,_ q IYONlatiej inhnst am &We& MAM4 I AOOtsta/ TPRA04 C1.Asst/1CAT10M ( COe07tN) Oaa WARNING U.i C+1Wal Cc" sondes IOIO. 1lUo ls. U.S.Q. pmldes to pare 'Wbeersr, .&&as. posses, attar , moUsbes se, s'a--o• oswst the sale is be (a►sr .. . . _ shall bs aaad coat awn mail $3. M or iaprfsesad DOt I Mr d1ad tare YOM%. 0r both.•• e *a: 1V$4%A%r in — Ji. 21PalTLQrT :! 40U31wO Aw0 Unaaw 1j!V!L:PYi.YT czuw►atTT Dti4lLzPVQIT SLa= +aAAT P*ccxAR U18=3ITRJCTCR•S C2iTIPICUTION =MCV-.VIMG L.ASOR STAMOAROS At+O Pt-WVilU4G WAGE 2!'_'UIRS4e4TS ,,,_ Tt1(.:a/epraar �twucaeru j >•T a ��� A A*OJ acT wNrsaw!I/ aA., c/o •�OJ ax- +.re L T%e asdsasiped. 'stag moeatod a cuuma etth ..JAa.eAasr �. L1«iWCIO/,. r.., .rar.rr a..rnrr :3 'tte aaaast at S_,�� V tin csssmtClas d �s adorFdlCsal prefer a..+e� 'yt �r+� f r (a) The Libor SLadarjds Ptev oea of Me Ca ;e= ?at CoOattocs ee an at:adad a :141 acoasaaad caatsCL (b) Neither he as any Sea, c'orperstios. 7acmmhxp ar ataoeluim sa -hieh he Son a amaarii utterest is dosigmsaed so as 1seUphle crsanctor ST:1e Ga.gMUr GrDeral Ot .ha Vatted Sbtw pt¢suaes :*SAatiw3.5(b) d he 4ep4tion01 d the Seesary ad Laaar, hrt i (:9 C.-R. Prr 3), Y puraanat :a iec-on J(s) of is Datna- 36coo Act. as MModadfl0 U..S (C) 'To ;on od to afaesenumed toad has Saw x Vnil Sa sabcnacacted :0 any subcost:acsr d such {^! sa6eaeasetor of "T !sac. Co "nc m, ;Jam,eshap or—Qc3Kdaa in rt ieh sua sabroamemr :vs a aabsassp tial ialsesst s asagsntd as as aeflitble emerst at -,"Scant :o the alaeenad racystanr oc stama-prertstsaa. He SOMON a Ooaas and 1XV48d to the cmcracmr. !at =nMuctal to me reepaartt; rtthm 'w ds" attar :No eseetrctaa i d say lOwt Inoaoataet. a :aseaetscaws GMILzatim GncemmIg r - itanvares and P�etetlia�'Sa� Rszruee. aaaa, evoc cnd by to Loser tit ssbcmcxctar, a dapllcate. (a) The .atioas -ill roped for duty as of &beat II I ]. He aawffies Mier. iol 1+e 1** Mega ate no )Ya.eeas adores$ rf 'Me aasentpoe air. I) A 21M464 CM.S.1P• IIL A ca Room ATloM OAQAw.ZZM '!M -wa IT♦ra awl n ..Am"cros".s, ! 141 arnswowaAMsaTtow(DAeerrar/ (e) 'he rose. MMo dad Inns& of roe ewer. )&idlers ar ari+cers of +0 unmw-v9aa4 re- Laos oowtess I 4 Sa as�w .ars .waaaaa .i aJ S-W sanaa.-a —um aim mamma , wrlas s .aaataan� was.as w rsm aaawsrpaa. 11h �A11��!'�1afaaaf Hai; v o, Y•A.IIt MaAt aCL �t� I MArUA•GNP ISOPS IMIr i (sj Tia nOaaa. sairaassa eae Prows uassificl nags .f as .ear swldiq oasnac16a camrwan to .Aca rlw vwws,}mw Saw smaatieal atawws,�it/+.a..,.,Aau Mare I Aaaac a I 'FRAGIt CUASUPIGTrOw I (1a1.m.wmewi Casa Saatw :919. :.:U 13. 7.LG. No —low a 7M 7rww..... as a, p.awa, as a,a, - paauaaaa aa7 aaaac taa .ar taw 1aW..... aaaLL 'Ja Gaaa ut aa.a rdaa SS.Gm w aawaaaaa am swa t:taa era +ww. of- SOW.,' a�b:9s..aq.lrs/ ae.+ raq M e.M J, fi Uk, 0 SECTEN 9 OF THE FOUSI;IG AND URBAN DEVEIMMIT ACT OF 1968 Sousing and Urban Development regulations impleaent�:g Section 3 of the Housing and Urban Development Act of 1968 requi-res that, to the greatest extent feasible, opportunities 'or training and employment be given to lonrer i==e residents a: the project area and contracts far warts in connection With the pm ject be awarded to business concerns which are located in or mame- in substantial part by per_ can residing in the area of the pro jec :. As evidence of Caapliance, the undersigned cert=as that he/she Vd -11 s (1) take affirmative steps to hire and train lower incase residents of the project area, and, (2) 3014cdit the participation of businesses located in or awned substanti 1• by perdu residing in the area of the Project, (3) maintain recc:.--'..s and documentation on activities carried cut far (1) and (2) above for periodic review by HUD O= Cda 1 a to determine c onpliaac e. Sicned Date mot+ 1. PSA%Develaper U.S. Department of Mousing and Urban Development t.1,1,11e.tp0Ii5 St F'JUI Area Office. Region V 431u1)t F'lace Buiming .'A' SC•cund SUC01 SJulh Mbf.lIva oils Mintlesot8 55401 August 10, 1983 CERTIFIED # 494 845 565 RERM RECIEPT RF4 M= Mr. Mark Hendrickson Urban Hennepin Cotinty C2353 Tower, Governemtn Center Minneapolis, MN 55487 0e`r Mr. Hendrickson: Subject: Superseding Wage Determination, MN83-2057 Ile are enclosing two conies of the Wage Decision together with -, the Federal Labor Standards Provisions 1RJD 401.0 issued by the U.S, Department of Tabor for this project as rubl.isher3 in the Federal Re- gister. This decision, torTether with HIM 4010, must be incorporated into the contract snecificatiens before release to prospective bidders. This WarTe Decision does not include an eaniration date but may be modified or supersedes before the Contract Award. Modifications and/or supersedeas decisions dated after the contract award will, not be appli- cable. You should review the '••Iage Decision for additional .Vage Rate Classi- fications that are needed and immediately notify HUD so that these additional classifications can be established. If. you have any questions concernim Tabor Renuiremc:.cs, Please call Ms. Diane Rock at (612) 349-3015. Sincerelv Thamas T. Feeney Area Manager Ehclosures: END 4010, 1421, 1422, Checklist, Wage Decision No. MN83-2057 dated ag:A;:VM:4"1 Notify D. Pock nrcmnti.y of date • )f ccntra(-t award aryl name and ar3dress of contractor. . RECEIVED AUG 1 21983I il & IA61-4056 CLASSIFICATION DEFIYITtONS - (Cont'd) __, E^t'I9PILWT OPERATORS - ZONES 1,2,5,6.7 a 6 (Cont'd)M Group 1 - Tr>6gcora (under 75 MP) with or Wiatwiwt at t.iC hawnu$ endloadere Tund�,•r 7S NP ♦rich or without attachments$ tirern (boiler): tort 11t is (other than Group No. 2)1 gunnite machinel Belt -propelled rollersi stump d per&# self -Propelled tamperer air a electric tuggers other than -bowel ditching machine under i'1 pile thieelevators► croup • - Mechanics **,heaters; truck crane drivers; permanent Sit compressors lone'or a combineti0. of 400 cfe. or scroll pumps 1' over; welding rchirMs 600 amps or combination thereof$ conveyors► generator (75 Kw 6 overl3 dewatering pumW boat used for Personnel transport or as a safety boat pnwrR EOUIPREST OPEPA-0PS - :OVES 7 6 a C ahe11, G. oup�I - All hoists or stet erecting equip-1 Crane. Shovel. Drag►-i na. Backhoe, Derrick. Tower Crane, Cableway. Concrete S eader lservac,nq 2 pavers). Asphalt Spreader, Asphalt Miser Plant Ena&neer, Dipper Dredge Op.t Dipper Dredge Cranenan, 0ua1 pose Truck (buom or ranch). Leverman or Engine'an (hydraulic dredge), ecnanic, Paving Mixer with tower attached (2a ops• vequar*d), Piled enehir.ngmachine Tractor. Stationary, Portable or Floating Mixing Plan[, 9 lover 40 HP), Bgildinq Hoist (2 drumsi, Hot Paint Wr__ 9 Machine, Cleaning a Priming Machine, sackfsller,(throv buck t).A1,0ComDtive Engineer, ouallfled welder, Tor or Push Boat, Concret/ Paver, So -.rav-L-Plant or similar machines, CMI Autograder or similar suchines, Sllp Form Paver, Caisson Aueerinq Machlns;. Muckanq /.chine, Asphalt Heater -Planer Unit. Hvdraullc Crones, Mine'elolsts•fAthey. Barber -Green, Euclid or Halite Loader, Asphalt Pug .4111, ►iremml�a Drier, Concrete Spreader (sery a,na 1 paver). sulldorer. Endloabir, Log Chippers or similar mschines. Elevating Crader. Group Equi ant Gr*aaer,ro ojuPaC[oPull a sar..3iar Machines. Dr-10, Nystar Minch 6 aim sr machines, Power Blade, Pusn Cat, Tractor Pulling Eleva nq:Grader or Power [.lade, Tractor operating Scoop or Scraper, TractOroUlth Power Attachments. Roller on Asphalt or Blacktop, Single Dram moist.'2aeger Ilex a Puce Machine, Pipe bending Machine, Flexaplane or sigilwr xichi.H, Automatic Cutting machines, Automata Cement a Gza vel Bet ctt'Plant (1 stop set-upl, sea can Pulr,-Mixer or similar machines. Slasthdler self-propelled Rotary Drill or similar machines. Wcrk boat, Combination Concrete Fialshing Machin* a Float, Self-propelled Sh.epsfoot Pollsr or Compactor (used in con)urction with Grading Spread), Asphalt Spread Screen Op., Azpco Spreader or similar machine, Slusher, Forklift lover 6000 lba. Capacity or working at heights above 29 ft.)- Concrete Conveyors„ Concrete Purp t i rout 7 - Asphalt booster, Fireman•- pump Op. at Asphalt Plant. HUI Jack, ,Gr&Jcr with U nairground Boring ittch3ne1 Corer re16 L),iiPw.er Oyera ted, bullmr'to t, Tractor Roller on Earth. Masers ll bagA Without Power attachnent. DOpd Pot (agitating rotor). Dope Chopt-acM new Distributor (back end). Straddle Carrier. Portable Machine rIVO �, Hydro - Distributor Power winch on pavimq Work. Self-p; palled Roller or COr*Aftor (other than provided for •Dove), PUMP op. (more than o nrlSuDlradern ion *Ormal Portable Crusher, Trench Wachana (under 40 HP). 9 or similar machines. Forklift (6000 lbs. or less capacity). Gypsum P Conveyor over 20 HP, Puller Kenyon Cement Pump or similar machines: A Compressors (275 CPM Ole over), Driver on 'truck Crane Or similar machan Light Plant, Mixers l�`:or 2 bag). Power satehing Machines (Cement Auger �r Conveyor), Boilerfehanical ineer or rireman), Water Pumps. Mechanical Groom. Automatic Cement vel Batch Plant (2 or ) stop sec-uP). Sma11 Rubber - tired Tractors (ncluding backhoes or andlooders), Sclf-propelled curing machine Belt Machine, Cro._ij• 7 - OSlar, Nester (other than steal boiler), EWZT-outboard rfor Boat, Engine Driven Welding Machine SUPERSLINCAS DDCISIOL. STATE, MINNr.SOTA CV.VT 1L31 -Sr_ DECISION NUMBLb N NN-20S7 DATE. -Date of Otion Supersedes Decision no. MM62-2066 dated Novesiber 24, 1962 in t - S2622 DESCRIPTION or WORK, Building (including Residential) Constru.M.on Projects -COUNTIES, ANOKA, CARVER. DAKOFA. M M►LPIN. RAMSEY, SCOW. a WASHINGTON Saw m,e► r mftess ass ASBESTOS WORKERS •65 GLAZIERS 17.6S 1.31 OCILEPMAKEPS 17.165 3.00 IROMWORFZRS 17.10 1.39 BRICKLATERSI Stonemasons 16.96 2.69 LATHERS: Drywall hangers 14.13 1.16 CAR:ENTEAS: Millrrlghtsl MARWLE Sr-=" 17.30 1.79 1 a Piledrlv*tv*nt MARBLE 6tTTtAS' FINISHERS 11.60 1.12 ; Commercial Building* PAINTERSs I Carpenters a rile- Dakota, Ramsay a Wash- drivermen 1S.66 7.62 ington Cos.& Millwrights 15.01 1.12 Brush, Drwsll Flalsh- Residential Carpenters 13.06 1.62 art a rspezhanger 15.12 1.82 Site Preparation, Lxcs- Sandblaster: Spray a vation 6 Incidental 6truct=61 Steel 1S.62 1.62 Paving, Drywall Sander 11.16 1.62 Carpenters 6 Pile- Remaining Cos.$ I( drlvermen 17.61 2.0S Brush$ Bcllerl a Wall - CEMENT MASONS* parer 16.C6 2.61 Building 17.01 2.02 Sandblasters Sproyi a Site Preparation, Exca- Structural Steel 116.01 vation a Incidental Pa- Sanders 12.76 1.67� wing 17.11 2.02 Tapers 17.01 1.47 ELEC:RICIAYS: PIPEFITTE?5: Plumbera$ a Anoka (Anoka a Fridley Steamfitters: Twps. 6 the cities of Stean..fittere: Andover. Anoka. Colue- Dakota, asmsey 6 Wash- bis Heights, coon Ra- ington Coa.. pids, Fridley. Hilltop. Plumbers 16.52 1.6a Ramsey a Sprang Lake Pipe -;tiers: Steam - Park), Carver, Hennepin, "ittat' 19.37 3.a7 6 Scott Counties* Pr) lto"Inano Cos.. Commercial Duildingi 17.76 A PIURLers 16.95 6.85•b Electricians 17.76 Plpefitterr7 Steem- 1 Cable Splicers le.26 fittera 17.99 1.61 PLASTEPhPS: clans 1S.44 2049 Dakota. Ramsey, 6 Wash - Anoka (Pemainder of Co.) ington Cos. 16.OS 7.72 6 Remaining Counties: Remaining Cos. 16.90 2_67 commercial Building. ROOFLRS 1S.26 2.16 Electricians 16.90 Ichs• SHEET METAL it-i-MRS* 1.S9 Anoka. Deacta. Ramsey 6 Cable Splicers 16.95 10h%+ Washington Cos. 16.19 2.21 3.59 Remaining Cos. 19.66 2.20 Residential Electri- 17.7S 17.St so" -T FLOOR LAYEPS, clans ••20 Anoka, Carver, Dakota, ELEVATOR CONSTRUCTORS: Wennrpla, Paasey, 6 Mechanic 17.99 2.69•a Washington Cos. 15.76 7.02 Helpers 7093R 2.69•a Helpers (Prob.) I50tin ca d to N ,la DECISION NO. MN83-2057 seaw H•awr SPRrNRLER ►ITfER11s ,w.. Carver Co. 16.67 Rene In in Cos. 16.83 TL HRAZio WAFERS 12.32 TERRAZZO MORPJSRS' FINISH- Epg 17.67 TILL 5ET'rt:RS 17.25 TILE SETTERS' fINISHc:RS 1d.63 LABORER$ (Excludtnq Res id e ntlal of t units or lr,sl: Landscape a Son layers a. so C ulldlnq Construction: Claoa 1 11.00 C toss 2 11.15 C Loa 3 14 .10 Class d 11.10 Site Preparation, Excava- tion L Incidental pavin C1 us 1 Cleo 2 11.s0 Class 1 17.85 Class d 1,4.O3 Class 5 14.10 Class 6 14.3s p0wl1, EQUIPKENT OPERATGRS: 2u13dinr Constructions Class 1 1919. N Class 2 .00 Class ) 16.20 Class t 17.39 Class S 17.25 Class 6 17.O11 Glass 7 15.57 Class B 14.45 Class 9 13.09 �qe1 Site Preparation, Easce- KCISION RO 12483-2037 pACK ] s Lt WR1RS CLASSIFICATIONSI a,1ld.nc Ca"strwt1ont amm"No CLASP It Ca '.11 Carp•ster ?"War, Cemcretel Damp Freeftr bola+ Br •del Drill Ruw•r Ten4•t1 ae - dirt, ..ph test,•[&, cewtl lloatcr Tender; Hot Tat Cawlkar - ter►erl Joist Dm+psm sssome,sa..,h, ,moms soak sees 2.81 vatl n a Incidental Raedlarl taatertaL Hoed Ltr - 41L types Fever Ws(Pl askant Sew llovar Opeastet2 a Test 3.26 Pavl,9. Class 1 15,60 I Crib ChocktT ' 2.:0 CAs In Sw Opentery Cent to t• Sw, Drl It Operater; Csacr•te ♦ibrsterl Demolition .89 clans 2 IS.30 EtASS 2s 2.d0 ( Wrecking u-iuding remodeling; Kassa Tended Mortar Hiaec - coon nt of any ether .65 Cla •.s ) 14.93 2.40 IYlw ll tut• material or composition; pip, 14 nalui Pne wale C [let ,Lis Tools, ac &-morn 1. 72 Clans i ld.B2 2.t0 F•al,g Buster, Chlpp.nt Ilamoor, Tamper UP... tor, etc.; Satag 5[age List Suf fold (no[ 1172ac Clara S 5 12.86 2.d0 Iacl.ding -patent" Sc offdl41ng;; a To rchman - gas, electrsc, [he rs.al or sawilar dlv /ca Claus 12.13 I.iO MSS )t Caisson Work; Nozzle Operator - Cunite, Cement, Seat blaaaing; Pipelayerl -TRUCK I Rtfractory Worker; Shorting Setter ♦ Drivers, Heaw bulldiag Lxca•ation; Umerground Work - DRIVERS: open ditch or ekcavoeaon 6' twine gradel a underpinning Building Construction: CLASS at Drilltr for elssting putpostal Dynanita BLssclrt Or Obbstitnta products Tov •a To. 1.10 Group It Boom Truck s voter, gas. gel, brUtar, ■dent Dynenita, are. Op' IA.90 2.10 Tier Pr•pa ut+o�, 4covatl on L lnc ident•I Pavt ngt 2.60 Group 2: Frady -Mix; L CLASS It Un ski lie d, fi tunlnous Istchervan (a utlonar7 paaer); Blacksmith Tondos; CC-rnt 2.60 Tractor Trailer 14.55 2.10 Covlrrun Batch Tt uc k; Coment Hand Ltr - Balk, Bag; Car pentar :rracr{ Concrete ea tc he r-an; 2.60 CrO sp 3s Pork Lift Cent rt to Handler, Cai an, Foo tint s, Colum s, Pil ieg, Siats, etc.; Concrete Sho yr Ice. ].60 Op.: MecAan ic/ L Tan- a puddler (paring); Cancrtt• LongitudlnaL Floatt�e (tanual bu afloat oe par Lnt); Dacp P:cc:a: dem or 3 Axls 14.45 2.10 t belw grade, Drill Runner Tenet r; Dunpran (din L. parer, euq icg Datch truclu. aec.)1 HYCract G roJp ds Dumpaten: 4. Du a Volvo Setter; Julut Tiller (concrete psreoent){ Kettle n (Situmtnoua •r lead); Labor 2.EC 1'e rp rr L Singla 13.60 I 2.10 vteckiag Ornaliclon; Landscape 6ardeotc, sod, etc., Pipe Leruckaun (tripod, ranual)i Pipe 2.60 ].a0 or ! A=le Site Preparation, Ex Maedlerl Povrr Bu6fY Opt to tar; Pwdet Monkty; Reinforced Steel Laboter; Relnfor cad ;reel 2.60 vatfon L Lne identel Lett![ (paving)i +•ry let Conolc tf oo Maker (va tar, ass); is vat ae anon{ gas Ell tint Ba tc hr eaa (stationary plant); Trxporacy Heater a 6lovrr Tendtri Tool Calf filet ke r{ Top Han (at.a r, ].60 ].60 Pavinq: Gtoup 1 10.90 1.10 ester or Va trench){ Winch Handler (annual) Gt sup I 10.15 1.1D CLASS 21 Bituunous Worker - Shoveler, Raker, floater. Squeegee, Utility; Brick Tender; Group 1 10.35 1.30 Coopac tlon E9ulpmet (hand operst•d)l Conduit Layer? Curb Sectary sorter Mixed Sand Cuahle.t 2.15 Group d 10.15 1.30 1 bedaakst{ Torch an - gas, electric, thermal or similar dev5ce 2.i5 ( CUSS 31 Chain Soul Costae[• Drilling; Concrete Minter Operator{ Concrete Sawn Concrete 2.15 Vlbcatorl Ditch L other wrk more thaa a It, belw sorting Leval of rood wrkt For-_setterl 2.1', A-ter, I Joint Savor, Morurl Pneucatic Tools, Jackhammer, Paving ► ter, Chipping ,riot, etc.{ 2. 1'1 %too• Tend•, L Masoe odor 2, 1'. CLASS L1 Bo t ton Rao (sever, ester or gas trench) (sore thsa s ft. balow starting Iercl of 2.15 ,sousl work){ brick or Block Paving Setter; Caisson Work; Caffordan Workl Tunnel L borer{ 2.15 Underground LAborars a Underpinning 2.15 ( C1A55 51 Cutnt C u n Operator (1j" or over); Grille: - Air Track or simllarl Rctelews (,tamp:, send Elasting, ce>'.t nt){ 6 PLpelayet. -aser Peam (seer r, vatrr, gas) CUSS 6t B'.. [et Powderder Man (dyoamlt• os substituts ptoduc u ); Tunnel Miner (a u+osphsr.c); a Tunoal Mloer Ten 4 . �J tectsios so. MH9I-2057 Pals L pCWTR EQLINRMT OPLRATOILS CiASS1rICATIOMS9 Butldtnt Con.,-.tisn, CLASS 1 - Be itCopter Operator. Truck L Crawler Cranes with 300' of Door •art over, including Jib; Tower Crane 500' L over C3ASS 2 t Crawler Crane w/200' of Boos, up to and not lnclui BOO-, includinq )tor Tower Crane 250' S over CIJtss _ :Towle, Cranes wltn 150' Oe Doom, up to and not Inc. .' of Boom, ,nc lading JLoI Toyer Crane 200' L over CLASS a - Travelinq Tower Craner Master Mechanic) P114 Driving Oper atom Tower Crane lS0' Lover CLASS S - Truck L Crawler Cranes up to L not lrcluding 150' of Door, lnelud .nI )it, Derricx IOay a Stifflegl; Horst EngLnser (I drums or -.Orel: Locomotive Operator; Overheed Crane Operator (Inside Buildinq Pectreeter): Tower Cranes - Stationery 100' a over; Tcaccuc Operator with Doors; All Terrain Vehicle Cranesl r lr e-an, Chief Lleense. CLASS 6 - J[ CoOOressor Operator, d50 Cr`7 or over, Pump 09e[atot and/or Conveyor Operator (2 or roce eachines); Hoist Engineer (2 drum); .!ecrianic or welder: Pu-perete or Coa:placo-type Machine Operator; Forklift; Boon Track Operator; Concrete Mixer Op.; Drill Aigs - Heavy potary or Churn •hen used for eaisso drilling for Elevator Cylinder or Building Construction: Front End Loader Operator; Hoist Flair. er (one drem); StradAre Carrier Oteeretor; Poser Plant Engineer UOJ Ka .nd over oa nultioles equal to 100 W'and overl; Tr attar Operator ever D2; well point Pimp Operator CL AS5 7 - Concrete BeccA Plant Ooeracor; Fireman, First Ciass License; GunLte Operator•: Tractor Cperator C-2 or similar size; Front End to operator, up to 1 ca. yd. CLASS a - Air Coe pressor OOeraccr, 450 CFM or over, Pump and/Or Conveyor Operatocf Fireman, Temporary Heat, Brak!manf Pick-up Sweeper (1 era. yd. and over hopper CAPACITY): Truck Crane OLlet) weIdLng Mae hint Operator CLA�S 9 - Elchanical Space Heater (temporary he.t)l Oiler or Greaoerl [levetor Operator S,%e YTtparstron, I=evatton L Incidental Paving: CLASS 11 ticl,copter Pilot, Cure with over 115' Boom, excludlct )1Lra 1 Dglios end/or other of 1 lT •quf prant with Shovel -type controls 5 cu. yds. L over Klg. Feted up.; 711e Dr lv lcl Marro ) Num. ere to use C CA55 21 Ca`1rv,Y; Concrete KLxer, Stationary Plan[ over JAL; Derrick (buy or stiffler) Youer) (Skids or +t. tlonary); Du;;l ine and/or air; lr eGulpv n. wlN Shovel -type control,, up to )era. yJ s. Ht{. eared eap.; Dredge or Lngi rte era, Dred Le (paver) L Lokinasr; Front La er, Sera, yds. L over; Leader or Hd IO[ Po:Tol, fiol■Atng Earthwrk L B1'..einaus; La sn ttre Curt; .,let Me c hank; Mtter (Paving) Concrete Paring, Aoad; tole, leclo. ?Omer Suiply; Mucking MAchine, Inclu. muckin, Operations. Conway or similar type, Plleerrrtng; Refrigeration Plan[ L.S,- "; Lndan Scr.pec; Sector - A. —type; Truck Crew- C-1.1 C r a nel L Tugboat - l00 YJ' L o•.r CUSS St Wal Tractor; Elev.ting Grader; Pumperetcs scraper . Struck Cap. 32 ea, yds. L ever; Self-propelled T.valing Soil 5tabills.r XCISlom Ito. Me313-2057 PACK I POWER Epulrt@rT OPLAATM3 CLASSIPICATIM3 (CO,T'o)l CLASS Lt Atr Tract Rock Dfilli Asphalt ZItwmIsaus Stabtllaar PLeati ArtosistIs RCN Mac►iw (CM ar sialla%)I e.ckf Ll let' Ba tc %lent (Caoer.to) I altuaelaktew Spw adar L Pla 161sg (Powsr)l goad Truck (Power operated Boo-)' Get Tractors with Lock we{ens or .'.list typed Chip Mar•erter L Tree Cutter over 150 MP; Coner+te Haase as )ec•ltf over 1451 LbnCf.t. lto►ilel Crushing Plant (gravel L stew) or Gravel Yasbl.g, Crwakna L Screening Plascl Cork rLachL-1 Dope Machine (Pipeline); Drill Kits, Heavy RourT er CAarn or Cable Drllll Pork Lift or Straddle Carrier; Fork Llft or Labor Stacker) Frost fad Lador, over I cu. •14.1 IUlst Er.gtosar (pwcr); Luocherm,oL' n (Tai.kerss or Pilot aeaae)l Lad G-aserl LocstotI al !Lath ao It or Wrier; Multiple Machines, such as Air Compressors, Y,ldtng Kochi —a, Gen rate,. /taps' Par Lng Breaker or T—Pins Machu. (Paws Driven' ttlghty Mice er alml Dar type; Pevtoi Milflog MacAioe; sic k.D Suer —.Per' 1 eve yd. L over Moppet ea p.i Plpallo. Wrapping, Cleaning or Bending Machlnei Power Plant L.!.—.:, 100 K.Y.M. L every ►wet K tuaLed Morison ul Bor lag Machine, over 6"; Pugal11 Rc 1Eer, B toneover, Rubber-etrfd Faro Tr.ctor, a,lhse Attach.; Sheep ►oat Rollecal Slip Farm (Power Driven) (paving); Tic T=per L Ballast Machlo.; Tractor, ever D2, T96 or si l l.r MP with Pw sr T,%e .ffl Tractor, over 50 HP wtti)out Power Tak+-off; TTenchteg reacbroe (sever, water, g•s)t Turruwll (or sin/Dar type); 6.11 rolat Inat.11.tion, Diswccl Lag of Pope. r Mac Motc; Myd To. to Tree Plants, CLASS Sr Air Co=gr.ssor, 450 CFTC or ever; Bitualn,us Spreader L Bitaattsrus ►inlshing Machine (Tender) (Paver); Concrete Distributor L Sp ... do, li-11.11og K cbioe; loelitudi—I Float, Joint Machine, L Spray; Cow rete Mixer on )obsite 1.$ L ,mar; Cnncreta Saw (multiple blade) (power operated); Fora Trench Digger (parr); Front L:A Lade: .n L lac lea. 1 cu. yd.s Grader (ootor p.trol); Cuntte Gunall; Hydraulic Lag SDllte• er (.weer Crocta or similar type); P.yh.ultr or similar typel Power Acruat" ,Rut . Toting M.chinel Power ' L..t.d J.cka; Pump; Roller; Selt-propelled Chip Spre.a.e (Flahe, y or atml l r)i gh—Wering teach(— (Power) Apo— of similar type inclu. ee if-ptopo ilfd Send L Chip Spr..derg Sturp Chipper; Tractor, D2, T06 of similar KP without power saes-affl L Tres Farearr CLASS 6, Cnnre yorl Dredge Dock Marl; Firemen or Tack Car realer; Gravel Screening Plot (Petra table sot er s ag or v.ahing)i Creaser (Truck of Tractor); Lave easn; Yachooic Tandorl Machsnic, Space Heater (Temporary Heat); Oiler (Power Shovel, Cron., D—g line); Self•Ptop.11ed Vibrating Packer (Pad type) (35 VP L ever); Tra.esr, 50 KP or Laos w/o Peace take -offs L Truck Cr.— Oiler Tl.!CK ot'VE", ttta ►rap or. tt on. E.—Tim. L Incident., taring, L'ROLT I Truck Driver (Operation of AAnd A. Pon: Operated wlnekas); Truck Tralasl Mech—i-Y.lderl Tractor Tr.11er; L Off Road GROJP 21 Trl Axle (Inc lea. a Axles) CROUP It Bit usluous Distributor; L Tandam Axle GROUP it Bicuelaows Distributor Spray Oper-tor (Raor End 011ar): %apsoo; Tack Truck Tender ({a., oil, rood oil L water); Teems ter L Stableseec; Trtceor Operator (wheel type used for any purposs)i Pilot Carl Self-propelled Ps r; Slurry operstorl Slaalt Asia' Dump; Dry Batch Maularl gone L "A" ►rasrl L Lady -Mix Coot raid PAID HOLIOATSt A -Nov Y..r's D,Y; B-Memor'al D.y• C-Lsdep.oA.oc. Day, D-L►e, ays 9-TLaduag giviDeyl /-D.y sl ear Th.oks giving L C4CAr stmas Day a, Employer eoetributes fK of regular !sourly race to vacation Pay credit for ewloyees Me see Marked to the busioasa more than 3 Y. ass, 61 far sayloy... he k.vs worked La Wei— Is.s than 5 Yonne 7 P•ld Nolldayas A tf%rowgb G ►. 1 P•td /tol le.yl D e. 2 seek.' pots v-oil" Unitsted elacsifications needed lot work rn; inclided within the scope of the classifications listed may be added after a.ird only as provided in the laoor standards contract clauses (29 Cf:, 5.5 (a)(1)( I)) tLa r tT DATE: TO: HENNEPIN FROM: [i Ll SUBJECT: August 15, 1983 (Revised September 19, 1983) Contractors/Subcontractors Urban Hennepin County P_,-,FM=G WAGE RATES: BUIMING AND RESTrENr*Tar, The attached Prevailing Wage rates apply to all projects with an aggregate value of $2,000.00 or more. Attachments: Wage Determination No. M 83-2057/Effective Date: July 29, 1983 modification No. one/Effective Date: September 9, 1983 ., r � s September 16, 1983 Mr. Mark Hendricksm Urban Innepin_ Casty 2353 Court Tower Gavem[aent Center Minneapolis, MN 55487 U.S. Department of Housing and Urban Development Minneapolis St. Paul Area Office, Region V Bridge Place Budding 220 Second Street. South Minneapolis, Minnesota 5W t Subject: Changes to Wage Detenniriation rJear Mr. Hendrickson: We are enclosing Modification No, the to Wage Deterrn, lion No. M Nu-4-201,7 forded to you crt �„ct i n 1 gg i ,J ' Wage Decision changes, such as modi.ficatirns and supersedeas decisions ^+ issued prier to the award of the ccnstrr�cUcn contract will be applicable and modifications received less than 10 days before the openirq of bids will be effective exce pt when--Ehe aqency f i.rlds that there is not sufficient ici.ent ^.y time in which to notify bidders of the modifications, in which case such ' findings titust be doctmented in the contract file. A copy of this modificaticn and a cc,.,y of this better should be forwarded to the General Contractor who will constrict this project. Wage Decisions and Modificaticns crr supersedeas decisions should be -, made part of the contract documents. Sincerely, �j T. Feen EhclOsures �► RECEIVED SCP 1 91983 y Li (A L _A C-3 I -A G-.) Is--J E--j " C.- -1 " G_j -) t_:._:'1 it i :_- ) maDmoirrow P. I T_C75709 NO. Le]-1017 - ly as'. NOD. f IApril I, 1901 In It )071 Lsca,abt• A Santa Ros■ Counties in Floride OELETEt 3�sb.stos wortsra el•.1 Insulation Install• ra (Batt or Blwn) 6.] A^Dt 17•cMnlcal Insulators (Nest A meat) f.l r,.-. N,r fit D[CTSION S0. FLOI-1079 - a� •e'w 0....n MOD. I t - (April 21. 1963 1• •e Fit 1J5001 ' VOLUS1A (....Pt Ca►. [aeaad7 fy.ct C.nt.r • Cop C. r.ral Alr fete. Statlo I A7 COUNTY. FLORIDA .11LDIND COIIlf-.CT10R' C cc. P e.rs ►I aafi[c.r •. A See fl et.ra, o. Co. clam-[e oarelel Er Aoola,l pital..Seop- ptal Cent.r t varl oet Ittud sa In trl al. {i 3.62 1. .alc Ir lnq. DECtStCw NO. FLa)-1018 - wly s.nefla. /, Indvat rt al -Re. [leer , _iJO--i-i-- re tte roetr Muae a,C M.lce rlee�a,Nleslla sites, (April e, 1913 In ie FR Oti Ratl as ri ..,[t<., an 15.e109) .or. et ear rr vAlcA Okat"oss 6 Walton Countl• related to 6 e esId t1a 1n Florida a part of the aeo t7pt project.. I7.13 2.2I osLETEt -CMSUEATION INSTALLERS (Batt cr Blown) 1 IS 6.0 _ MCiSIOH NO. CTIS-3021 - 17Tf� 3sofo - June ). 1f/71 STATEWIDE, CONW. GRANGE, 1l RONHORNER3 Dfc�l No. rte)-loco - aso,, •^-a' )I9se1 Capa Caa.r.ra! A►a, /s erl t A/t, [tnntdp fp.ca tit lt[ Co.t.[. A W.L.e.r 1.3e1 •,� LI [a le 12EVAND 6 TOLUSIA "^7 a.wea COUNTIES 1• FLORIDA aww IUILDINO, I[Arr, • NICMVAT CONSTRUCTION CNARC%, 10.00 •.9).� flu.►tre. rt pa fl tt.rs, t t..•fltterat I.Ie•vatrl.l f1I.73 7.7! 2.Co•esr cl.l 11.61 1.70 ' 1 f Rn01rl CJ.T loe ., 1 i tcistoM rY.Ue)-2001 - Hod Sees awn �~ awet•I a'- 'w 15 To" NO, 1(Y8S-1060 a't'r t /■ If10 - lesesr 1A ( 7 uaT "i 147 Ft 44668 - October G. A.o.., nt en, elua 1"21 Carltoe, v.r, CAlsaao r'DRT CJWPBEM (Christ Osfill Dod6a, fu t►salt, ►I1 Le Iraa- County, KMtueky L .era, Coodh,.., n•pin, ' Montgomery Count ■ouato.. L.kt, Les r, Terms esee) Mevar, Nlcot.e1. 01•utod t ...t7. atct, St. Lov 7 Uls� Scott, sett earn.. SILt.• S SBE wOttKLRS i16.13 2.81 at.aras. 3u.1., Y.eu l.♦ . F1. PICIANs, Ysaeca, Utshlnaten, JI es, A ,!,It Countle. irH•n, Nlnet.el. ' Tonne 6 Portion 14.10 1.05 7It% OMIT. Cable Spticeru 1 Tennessee Portion 14.35 1.05 r The rellovin Counttts: 3W It.. E.rt Col.". Oo d/e, j rlD.ult, ELEV 0 CONSI'Rl/CTOR.7t ►Illeo/t. IreeAorn, ' Mechonlee 12.d/ 2.69t• Caod (,t, Noueton, Ifelp.r• S 71 2.69re LrS ur, Novrr, probstlenary Helpers 6.27 N) elitt, Olu red, IRONWORKERS 12.85 2.17 Ire, Slelc p, Strrlr, IJ. BORERS, YaDaaht, A Yatect Group 1 10.7S 2.00 ,roup 2 10.90 OD a.w rw.w Group ) 11,25 *Y;FjH4od w"w• o...,nt PAINTERS, 11.60 rf iSION 110. Mtt7 ll_T057 A Brush A, Roller Spray Work i Dry -all ! ((d8 Fit 34614 - July 29. ►inishinq 11.85 1.30 ' 1983) Structural Steel. Doing ;ANOIU, CARVER, DAKOTA, Stage i Chair. motor IIFNNFP7N, RAMSLY, SCOTT. Lego 11.95 1.30 WASHINGTON comma ES, Pep hangers 12.10 1.30 MINNESOTA Semi sting 12.35 1.30 P IAIM ERS PIP ET I7TER5 1•.16 1.e9 CfI"mr, ROOFERS 10.A 1.•6 ELECTRICIANS, SIIEET METAL N PS 16.03 1.14 Anoka (Anoka • Fridley SPRINKLER rITTE TwP.. A the cities of Kentucky Portion 16.A7 2.21 Andover. Anoka. Colum- Taonos•ss Portion 1A.S ).7) bIs Hal ght s. Coon Ra- pids, Fridley. Hilltop. RAmety a Sprin Lak Park ). Garver, il.nnepin A Scott Cou ntle e, Coe.••rc ial Building, Ei.Ct r icl.0. 17.76 2e Y: Cable Splicers 18. 26 26'.: U. S. CE MAP, rA -•Cf �K(.�LCT Nam'..,A "OuS� NG ANO UOAui DE VE L O PME N T CONTRACTOR •;a Su6CONTRACTU4t IEMFl:li2, RECIIRD OF EMPLOYEE INTERVIEW (Labor Standards) 1. NAME OF F'.MPLOVI'E f 2. 110VIE. ADDRESS AND ZIP CODE 3- LAST DATE YOU WORKED ON NUMBER HOURS WORKED CN I PROJECT BEFORE TODAY? PROJECT ON THAT DATE' l 6- YOUR IIOURLY PAY RATE' I 5. YOUR JOR CLASSIFICATION(S)? •=5 + w0 APprenttte' j 6. Y•O1'11 DUTIESI I T. TOOLS OR EQUIPMENT USED' i S. PAID AT LEAST TIME ONE. -HALF FOR ALL HOURS TES w0 I WORKED IN EXCESS OF a IN A DAY OR 40 IN A WFEK? I j 9. EYEH THREATENED, INTIMIDATED, OR COERCED INTO GIVING UP ANY PART OF PAYT 10. DUTIES ORSFIIVED RY INTERVIEWER YES M: Conform to class ftaatione I 11. REMARKS (Continue on reverse i/ necessary) . j i 1 i 12. SIGNATURE OF INTER1•IFWER DATE OF I,YERN' Es 1 1 PAYROLL EXAMINATION j-:L E. 13. CLASSIFICATION CONFORMS TO WAGE DETERMINATION 1 14 I HATF CONFORMS TO WAGE DF.TFRMINATION + 15. HOURLY HATF. CONFORMS TO PAYROLL 1 16. HOURS WORKED (ITEM 3) CONFORMS TO PAYROLL ( i 17. REIoARKS (Continue on reverse it ntctssary) 18. _ I SIGNATURE OF P'.YHtj,.l FXA;4!N"ER DATE. hJO-I I t11.651 HUD -hash., D. C. is-[ar-r ,way. J-61F, O U.S.G:VL�7A11LKi P4IhT;S� :Fr!��a:i :5;-::? l� r . :=MYM1a.iTY lgvrLzriINT 3LJt3 :LNr Pic t" G?1T'2JC 'CR'S G_R1Tf1G .CM CDt+CE-'qMiMG LABOR STAMOARDS U10 OR"_ AJil?1G •►GE iSQulRIME4-5 TO (A aerearaaa. Arrtna..u: o.rj i •+aaac� .„raaw !i aw.n Jo � •twat- v.ra L Tie aseasaprd. Ssvtng atecawd a catam= nth or be conacMcaoa or •`e aoo.a-ldommsed 7raloct. acataowladcao tbac 's) iSa Labar SLsdartla ioRtaoes am txladea us :.he atorna" c�naacc (b) Carmct=w of as1 uumccow al :he &forms" 0muttaatas. ac;lut ag ' -n=CMGaa �T aor Of has tanconaacnra aad aa., loaner tim saabmacca=Mrs..a 'us .�pataaaoaiih: �. Ma eam#�vo Mar: (a) Vatysr be aor AT arm atrtaaraaao or aaaaoauos m aalca me has smanataa/ ateest a desapratad as as nelige:. amctor sr ry Gaacmilsr Goaaml of the Unitad Statae :eraasaa to .iacuon :.atb 1 oc Ur�atss e Rela of the Sacrsal" o! Laoor. Par[ 5 I29 CFR. Pans 5) a .3uoaaat :a Serape 3(a) of Lin Davta-3acos Acc. as ar.esdad ('a0 U.1c. 2-6o-:Ja)). ,b) ,(a part of the aiorwaa ttaead created va 7een W 'til ar snocaetracred to ant 1uat9aC2CLOr ti anch rio- am for a my fire, aoraes"I'M MCCZCMZUP or aasoclation 3 snag Fuca tuocantMcWr :.as a suoataataal LiCWWC to :8849101ted of as CM=C or :ar3uaut :O any =t —w aloremantlaaad re;nlatcfT or aatutoryr pMvuuQM- 3. Fes a p to ootaaan aoa .rorward :o tee ataxee:aauooea .'eclo cat -lunn "" lava after Z30 e:ararco 3i aav taocontract. xlataia{ thoee tZmated» ,la aubcoacacrnra ayn par ower or auaccamaaoa. a iuncontncor's Ceratiatloa Gacateaatr; Libor $talsoaaoa aai Pteraalinig page .2eyuliraaaca =Uaratad r the aaIcascnctors. A. rie c""h" Mar. `.► Si • iral mate ape tno 4uuw.4t atlareaa at 'I. uneen.gn.J Yet �1 t.r: 'ai is wtawnan.e � t: '11 • eraLa •'�o/etara e/Nt� 31 . C7 wt tf.•Tar owa•rtt=a ip - 41 rT•-t J/ -at •••w-r.,a>stat�• a orvtwa.o•wtt•rteti�Jraeneu 1 c) The nlmta, ntle awd to"s or the eawar. partners ar ariicwt li tM una.rttgn.e -nr �.i tiara � •oowata i SJ I t"1 � R ii H.- 0 4) Its trumaa Well aoarrsn at 2.1 armor "no", mrvna ante comorato. :..rnq a ttranraaraat �nt.war n T. uAaantgew. ttaa rna metro of eta "ntawm r tp r Art •OOwty ' .ArJwl a. �M*RtrOT t I I I j I -a•". aaraaaaa err nnraa e:aaaaiieanaq of all omr ovtiiinq "mumclion eaamaetara .a .men te. Agwwgnoa Sae, a IYOtftanlw nfra'ff sn '! ww. . •:.t'A rwra{ AOORs= I 'rtAOi Ct.Aa11/1CATOM I I Owe rJAY�f N/ 3v NARKING �.ic4shaw Goa. Saoaa :010. nti. l4. Q.S.G. A '• 4me m vre 7Ho.►w..... aanw :a.aw Acton w vaauanw aa� rutarawf. tar/a+nq trts raaaa to be !Van ..... rain !. 0aoa o.t , roa. 13.000 or 'an.orN oat onto mw tw rwr.. >r Sara,.• •10t.3,S-d •WVM Oft. INFORMATION TO BIDDERS 1. BID PROCEDURE: Each Contractor has been furnished a specification, plan and two extra proposals. In submitting his bid, the Contractor shall bid on the separate Proposal designated "BID COPY" and not in the specification book. A sealed envelope shall contain the Proposal. 2. PLAN DEPOSIT: A. Prime Contractor; A Prime Contractor may obtain one set of plans and specifications for the deposit as stipulated in the Advertisement for Bids. All of the deposit shall be returned if the Prime Contractor submits a bona - fide bid and returns the plans and specifications in good condition within 15 days after the date set for opening of bids. A Prime Contractor is defined as a general contractor who submits a bona - fide bid or an electrical or mechanical subcontractor who provides a complete sub -bid to more than one general contractor. The general contractors receiv- ing a quotation must be named by the subcontractor with the return of the -� plans and specifications to be eligible for deposit return. A bid for equip- ment or material only is not considered a complete sub -bid. Prime contractors may obtain more than one set of plans and specifications if necessary, however, no refund will be given for these additional sets. B. Material Supplier: Any material supplier may obtain one set of plans r, and specifications for a deposit as stipulated in the Advertisement for Bids. One-half of this amount will be returned if the plans and specifications are returned in good condition within 15 days after the date set for the opening ^� of bids. Individual drawings and sections of the specifications may be purchased at the rate of Five Dollars ($5.00) per sheet of drawings and Twenty Five Cents ($0.25) per sheet of specifications for which no refund shall be made. C. Plan Deposit Refund: No deposit refund shall be made for plans and specifications returned less than forty-eight (48) hours prior to bid letting hour if the Contractor does not submit a bid. r-; 89A 3/81 C1 M Contractor PROPOSAL FOR HANDICAP ACCESS RAMP LAKEVIEW GOLF COURSE FILE NO. 13921 ORONO, MINNESOTA 1994 OPENING TIME: 10:00 A.M., C.S.T. _ OPENING DATE: Tues., March 27, 1984 Honorable City Council City of Orono Box 66 Crystal Bay, Minnesota 55323 Gentlemen: The undersigned, being familiar with your local conditions, having made the field inspections and investigations deemed necessary, having studied the plans and specifications for the work including Addenda Nos. and being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor, tools, materials, skills, equipment and all else necessary to completely construct the project in accordance with the plans and specifications on file with your Clerk and Bonestroo, Rosene, Anderlik 6 Associates, Inc., 2335 W. Trunk Highway 36, St. Paul, Minnesota 55113, as follows: I/we propose to completely construct the Handicap Access Ramp and all related appurtenances for the LUMP SUM of: DOLLARS CENTS LUMP SUM $ SUBCONTRACTOR LIST - (Subcontractors must be listed) If awarded this project, we will utilize the following listed subcontractors. It is understood that no changes in subcontractors can be made after bidding without written request and confirmation ',y the Engineer and the City. 4" Item �+ Grading/Excavation Concrete 6 Masonry 4i Bituminous Patching ell 1 r'� ti.► 0-9693b Subcontractor P-1 Phone No. The final amount of the contract shall be determined by multiplying the final measured quantities of the various items actually constructed and installed by the unit prices stated therefor, in the manner prescribed in the specifica- tions. However, the low bidder shall be determined by adding the sums result- ing from multiplying the quantities stated by the unit prices bid therefor. Accompanying this bid is a bidder's bond, certified check or cash deposit in the amount of DOLLARS CENTS ($ ) which is at least five percent (5%) of the amount of my/our bid made payable to the City of Orono, Minnesota, and th, same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen (15) days after its submittal to me/us. In submitting this bid it is understood that the Owner retains the right to reject any and all bids and to waive irregularities and informalities therein and to award the contract to the best interests of the Owner. In submitting this bid it is understood that payment will be by cash or check. It is understood that bids may not be withdrawn for a period of 30 days after the date and time set for the opening of bids. It is understood that the Owner reserves the right to retain the certified check or bond of the three lowest bidders as determined by the Owner for a period not to exceed 30 days after the date set for the opening of bids. Respectfully submitted, (A Corporation) (An Individual) Name of Bidder (A Partnership) By Title Printed Name of Signer Address City, State 4• Zip Code Telephone No. 6%0 f I P-2 1FA 0-9693b Id SPECIAL PROVISIONS 1. PROJECT DESCRIPTION: The project consists of the total construction of a handicap access ramp at the Iakeview Golf Course in Olino. The construction includes concrete footings and ramp, concrete block walls and wood railing reconstruction. 2. OWNER: The City of Orono is designated as the Owner. The work as outlined herein is on private property presently leased by the City. All work shall oe coordinate•i with the City Engineer and the public works director. No work that is not specifically shown on the plan or specified shall be done unless a written order is given to the Contractor by the Citv aphorizing such extra work on changes in the plans. 3. AREA INSPECTION AND SOIL CONDITIONS: All Contractors are advised to inspect the site to verify soil conditions and determine the conditions that will be expected prior to submitting a bid. 4. TRAFFIC: The Contractor shall provide all barriers, signs and flashers necessary for the safe operation of the project. 5. CLEANUP S RESTORATION: The Contractor shall be responsible for all area cleanup upon completion of the project All construction debris shall be re- moved. Because of the nature of the construction site, all construction debris shall be kept to a minimum during construction. 6. PROTECTION Or ADJACENT PROPERTY: The Contractor shall be totally respon- sible for any damage caused by his operations or those of any of his sub- contractors. 7. SAFETY REQUIREMENTS: V'-- Contractor is responsible for strict adherence or compliance with all local, State and Federal safety requirements. 8. CONSTRUCTION INSPECTION: All work on the project is to be inspected by the Consulting Engineers, Bonestroo, Rosene, Anderlik b Associates, Inc., 2335 West Highway 36, St. Paul, Minnesota 5511.3. All correspondence, shop draw- ings, etc. on the project shall be directed to this address. Project Engineer for this project shall. be Mr. Glenn Cook, unless otherwise notified. Phone No. is 636-4600, Area Code 612. All shop drawings shall be submitted to this address. 9. _PAYMENT: Payments for construction of the project will be made on a monthly basis to the Contractor based on his monthly estimates which shall be submitted to the Consulting Engineers, Bonestroo, Rosene, Anderlik b Associ- ates, Inc., for review and recommendation to the City Council for. payment. Payment will be by cash or check. SP-1 1r 0-9693b r 10. PROJECT COMPLETION: The Contractor shall commence work immpdiately upon receipt of signed contracts. Completion of the project shall be not later than May 15, 1984. 11. LIOUIDATED DAMAGES: Liquidated damages shall be One Hundred rallars ($100.00), per calendar day to cover all cc,ts as specified in the General .•� Conditions of the Contract, after the specified date of completion. 12. PERMITS AND FEES: The Owner will anply for the Pity bolting permit. Tt - building permit fee will. be waived by the 'ity. The City will also pay "► the state surcharge. 13. SPEC:-?ICATION AND PLAN RESPONSIBILITY Ear" contractor and subcontractor is respc.,sible_fo: reviewing all sections of the plans and specifications. Thin means tbat all trndes shall review and be familiar with one another's plans and specifications and each trade shall carefully coordinate his work with all others. 14. COLD WEATHER PROTECTION: The General Contractor shall be particularly diligent in protecting all materials and construction from damage due to cold or inclement weather and shall replace at his own expense any portions of the building or items so damaged. 15. BID DESCRIPTION: The project is to be bid on a lump sum basis, including all necessary general construction, as described below. The total bid shall include the following: Installation of the handicapped access ramp, including: 1. Site grading and building excavation F 2. Granular base installation, concrete ramps and reinforced concrete footings 3. Concrete block walls 4. Patching and cleanup of existing bituminous surface V -! 16. OWNERS RIGHTS: The City Council retains the right to accept or reject any or all of the bids. 17. BITUMINOUS STREET REPAIR: The bituminous patching shall be completed in accordance with Section 2800. The contractor will be required to place 2" of bituminous surfacing and 4 inches of Class 5 gravel base in all areas where bituminous patching is required. The patch shall be completed in such a magi- ner as to direct drainage away from the building and ramp being constructed. k4 SP-2 { 0-9693b Ed 4 +ed r" 02220. EXCAVATION, BACKFILLING AND GRADING Specific S General Requirements 02220. DESCRIPTION OF WORK: It is the intention of these specifications that the General Contractor will do the general site grading. The General Contractor shall be responsible for all footing and foundation excavation, any excavation that is directly connected with the ramp construction, all backfill and fine grading and cleaning, in all directions, as shown on the plan. 02220.1. GENERAL: All work shall be carried out in a workmanlike manner using the proper equipment, labor and methods appropriate for the project. The Engineer shall be notified when the excavation is ready for backfill and no backfill shall be placed until the excavation is inspected. The grading shall provide for drainage away from and around the structure as indicated on the plan. It is the intention of this spe:_*fication that all work in this section will be completed as part of the lump sum bid. 02220.2. EXCAVATION: All building excavation, including excavation for footings and foundations, shall be large enough to allow construction of footings. Footings shall be placed on solid, undisturbed earth. If excavations are made too deep, the contractor shall start the footings at the extra depth without extra charge. Excess material shall be disposed of on the site. The contractor shall be required to compact the top six inches of soil to 100% standard Proctor density beneath the footings by means of a mechanical tamper prior to pouring any concrete. The Engineer shall be notified of the completion of said tamping to insure inspection prior to pouring concrete footings. 02220.3. BACKFILL: Footing excavation shall be backfilled with suitable material from the site. All backfill shall be compacted to 100% Standard Proctor Density. The Contractor shall place a minimum 6" thick layer of clean Class 4, granular material, under the concrete ramp slab and shall compact this material to 100% Standard Proctor Density prior to pouring the concrete slab. ` All backfill shall be compacted into place utilizing vibratory compaction equipment of appropriate size and weight. Compaction .ests will be taken by an independent testing laboratory designated by the City. Initial tests will be paid for by tb^ City. Any retesting re- quired because of failure to meet the specified dr•ns,'ty will be paid for by ... the Contractor. Density retests will be taken until the compaction meets the specifications. a0-9693b Dil 2800. BITUMINOUS STREET REPAIR General Requirements 2800.0 SPECI_FICA_TION REFERENCE: The Minnesota Department of Transportations, "Standard Specifications for Highway Construction," 1978 Edition and all amend- ments thereto shall apply except as modified or altered in the following General Requirements. 2800.1. DESCRIPTION: This work shall consist of miscellaneous patching and re- pairing of existing bituminous surfaced streets in accordance with the following requirements. 2800.2. MATERIALS: 2800.2.1. Gravel Base: Gravel base shall co:iforr: with Mn/DOT Specification 3138 for Class 6 Aggregate. 2800.2.2. Prime Coat: Bituminous material for prime coat shall meet the quality requirements of Mn/DOT Specification 3151 for MC Asphalt 2800.2.3. Patching Mixture: Bituminous mixture for patching shall meet the require- ments of Mn/DOT "?ecification 2341. 2800.3. CONSTRUCTION REQUIREMENTS: 2800.3.1. Excavation: All existing bituminous material shall be removed from the areas to be patched as designated by the Engineer. The area to be patched shall be shaped to provide a square shoulder perpendic-lar to the direction of traffic. All sides of the excavation shall be nearly vortical. All excavated material shall be disposed of as indicated in the Special Pro- visions. 2800.3.2. Gravel Base: Upon completion of excavation, the subgrade shall be com- pacted in a manner which shall provide densities equal to "Ordinary Compaction" re- quirements as specified under Mn/DOT Specification 2105. Gravel base shall hp installed and covj1Rct,-d to bring the patching area to proper grade and shape. The grovel hasp shall be a minimum of 6" in thickness. 2800.3.3. Bituminous Surface: After completion of the gravel compaction, the Con- tractor shell prime the prepared L, a with MC-70 asphalt applied at a rate of 0.3 gallons per square yard. Bituminous patching mixture meeting t'1e requirements of Mn/DOT. Specifica- tion 2341 shall be placed, spread and compacted in the patch area. The bituminous patch shall be at least 3" in thickness. Compaction shall be done with a self- propelled steel roller of 8 ton weight with 250 pounds per linear inch compression on the rear roller. '"r 2800-1 € 2 / 7 9 Upon completion the patch shall be smooth, neat and approximately 1/8" to 1/4" above the level of the adjacent bituminous surface. 2800.4. METHOD OF MEASUP,EMENT: 2800.4.1. Gravel Base: The gravel base shall be measured by weight on a scale provided by the Contractor. 2800.4.2 Bituminous Mixture: The bituminous mixture for patching will be mea- sured by weight. Loads shall be weighed on approved scales furnished by the Con- tractor. 2800.5. LASIS OF PAYMENT: Payment for the patching mixture at the contract price per ton shall be compensation in full for all costs incidental to the placement of the patching mixtures including removal and disposal cf the un- suitable materials, prime materials and all bituminous materials incorporated in the mixture. Where gravel base is required payment shall be made for the gravel at the contract unit price per ton. Payment for patching will bra macae on ctic i,asis r the following schedule: ITEM NO. ITFN UNIT 2800.501 Bituminous Mixture for Patching Ton 2800.502 Gravel Base in Place Ton 2 800 -2 t, n 60 OR r M r 03200. CONCRETE REINFORCEMENT Specific S General Requirements 03200.1. DESCRIPTION: Furnish and install all steel for reinforcement of concrete as required on the plans and specifications. 03200.2. QUALITY ASSURANCE: Comply with pertinent provisions of the follow- ing standards: (1) Concrete Reinforcing Steel Institute's "Manual of Standard Practice". (2) American Concrete Institute "Building Code Requirements for Reinforced Concrete" (ACI 318). 03200.3. PRODUCT HANDLING: Store reinforcement at the job site in a manner to prevent damage from drainage and accumulation of dirt and excessive rust. 03200.4. MATERIALS: Reinforcement steel shall conform to ASTM A615, Grade 60. Welded wire fabric shall conform to ASTM A185. Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcement in place shall be plastic coated wire bar type supports. Bar supports shall conform to the "Bar Support Specifications" in the "Manual of Standard Practice" by CRSI. Do not use wood or other unacceptable materials. For slabs on grade, use supports with earth bearing bases. Tie wire shall be black annealed wire, 16 gauge or heavier. 03200.5. FABRICATION: Fabricate reinforcing bars to conform to required shapes and dimensions, with fabrication tolerances complying with CRSI Manual. Do not rebend or straighten reinforcement steel. 03200.6. INSTALLATION: The placement of reinforcing steel and supports shall r Aform to the recommended practices in "Placing Reinforcing Bars" in the CRSI manual. Clean reinforcement to remove loose rust and mill scale, mortar, earth, it or other non-metallic coatings that adversely affect the bond with concrete. Position, support, and secure reinforcement against displacement by formwork, construction, or concrete placement operations. Locate and support reinforc- ing by metal chairs, runners, bolsters, spacers and hangers, as required. Place reinforcement to obtain minimum coverages for concrete protection. Arrange, space and securely tie bars and bar supports together with 16 gage wire t- hold reinforcement accurately in position during concrete placement operations. Set wire ties so that twisted ends are directed away frem exposed concrete surfaces. 01 0-9693b 03300. CAST -IN -PLACE CONCRETE Specific and General Requirements 03300.1. DESCRIPTION: Provide all cast -in -place concrete as required on the plans and specifications. Concrete work covered by this specification includes footings and ramp slab. -. 03300.2. QUALITY ASSURANCE: Comply with all pertinent provisions of the standards listed in this specification. A minimum of two (2) standard 6" x 12" test cylinders shall be taken for each 100 cu.yds. or fraction thereof, in any one day. Test specimens in accordance with AFTM C39. Specimens shall be tested at 28 days for acceptance and at 7 days for information. Cardboard cylinder molds shall be provided by the Contractor. The Contractor shall deliver the test cylinders to the testing laboratory and pay for all tests. A copy of the test results shall be furnished to the Engineer as soon as available. 03300.3. PRODUCT HANDLING: Store cement in weathertignt buildings, bins, or silos which will exclude moisture and contaminants. Store cement bags in a manner to permit proper inspection and identification. Partially hardened or lumpy cement shall not be used. Store aggregates in a manner to avoid excessive segregation and to prevent contamination with other materials and aggregate. Frozen or partially frozen aggregates shall not be used. Store admixtures to avoid contamination, evaporation, or damage. Liquid admixtures shall be protected from freezing and from temper -cure changes which would adversely affect their characteristics. 03300.4. MATERIALS: 03300.4.1. Cement: All Portland cement shall conform to the requirements of aw ASTM C150, Type 1. 03?00.4.2. Aggregate: Fine aggregate shall consist of clean washed sand conforming to the requirements of ASTM C33. Coarse aggregate shall consist of washed gravel or crushed rock conforming to the requirements of ASTM C33, size 467, Class designation 4S. Provide aggregate from one source of supply only, Provide one brand of cement ►� for use on the entire project. 1Mi 03300.4.3. Water Water used for concrete shall be clean, potable, and free from injurious amounts of oil, acid, alkali, vegetable matter or other foreign materials. U "00-1 0-9693b 03300.4.4. Concrete Admixtures: All concrete shall contain a water reducing admixture and shall be air entrained. Air entraining admixtures shall conform to ASTM C260. Water reducing a.mixtures shall conform to ASTM C494, Type A. 03300.4.5. Expansion Material: Preformed expansion joint shall. be bituminous fiber type conforming to ASTM D1751. 03300.4.6. Floor Sealer. Contractor shall furnish and apply two (2) rolled on coats of Tri-Kote 26 clear, manufactured by TK Products, Inc., or an approved equal. First coat shall go on as soon as concrete sets hard enough to walk on. Second coat shall be placed, after careful cleaning of the j surface, just before the project is turned over to the Owner. Both coats shall be carefully and evenly rolled on. Apply floor sealer in strict -, accordance with manufacturer's recommendations and as approved by the Engineer. 03300.4.7. Batching, Mixing, and Delivery Equipment: Use of transit -mixed concrete from approved batching and mixing plant is recommended. Batch, mix, and transport concrete to site in accordance with provisions of ASTM C94. 03300.5. PROPORTIONING: All concrete shall meet the following minimum re- quirements: Minimum compressive strength at 28 days 3500 psi Maximum water -cement ratio by weight .45 Maximum slump 3 inches Entrained air content 4�% + 1�% 03300.6. CONCRETE PLACEMENT: Place concrete in comnliance with practices and recommendations of AST 304 and as herein specified. Deposit concrete continuously or in layers of such thickness that no concrete will be placed on concrete which has hardened sufficiently to cause the forma- tion of seams or planes of weakness within the section. Perform concrete placing at such a rate that concrete which is being integrated with fresh con- crete is still plastic. Deposit concrete as nearly as practicable in its fin- al location to avoid segregation due to handling and flowing. Do not use concrete which becomes nonplastic and unworkable, or does not meet the required quality control limits, or which has been contaminated by foreig❑ materials. Remove rejected concrete from the site and dispose of it in a lo- cation approved by the Engineer. 03300.6.1. Placing Concrete Slabs: Deposit and consolidate concrete slabs in a continuous operation. Consolidate concrete during placement by ude of the w+ specified equipment, thoroughly working concrete around the reinforcemen! and into corners. e� �q 03300-2 0-9693b �, Ewj Bring slab surfaces to the correct level with a straight edge and then strike -- off. Use bullflosts or derbies to smooth the surface, leaving it free from bumps and hollows. Do not sprinkle water on the plastic surface. Do not aisturb the slab sur- faces prior to start of finishing operations. 03300.6.2. Cold Weather Placing: Do not place concrete when the air tempera- ture is less than 40 degrees F. without the specific approval of the Engi- neer. Comply with ACI 306 to protect all concrete work from physical damage and reduced strength which would be caused by frost, freezing actions, or low temperatures. 03300.6.3. Hot Weather Placing: When hot weather conditions exist, comply with ACI 305. Wet forms and reinforcement thoroughly prior to placement of concrete. Maintain concrete temperature at time of placement below 90' F. 03300.7. CONCRETE FINISHING: Provide finishing operations as specified herein and as shown on the plans. 03300.7.1. Float Finish: Apply float finish to all slab surfaces that are to receive trowel finish and other finishes. After placing concrete slabs, do not work the surface until ready for float- ing. Begin floating when the surface water has disappeared and when the con- crete has stiffened sufficiently to permit operation of a power -driven float. Consolidate the surface with power -driven float, or by hand -floating if the area is small or inaccessible to power units. Check and level the surface plane to a tolerance not exceeding 1/8 inch in 10 feet when tested with a 10 foot straightedge placed on the surface at not less than two different angles. Uniformly slope to drains at 1/16" per ft. Immediately after leveling, refle-t the surfaces to a smooth, uniform, granular texture. 03300.7.2. Trowel Finish: After floating, begin the first trowel. finish open— ion using a power -driven trowel oc equal. Begin final troweling when the burface produces a ringing sound as the trowel is moved over the surface. Consolidate the concrete surface by the final hand -troweling operation, free from trowel marks, uniform in texture and appearance, and with a surface plane tolerar^_e not exceeding 1/8 inch in 10 feet when tested with a 10 foot t.• straightedge. 03300.7.3. Non Slip Broom Finish: Apply nonslip light hair broom finish to all concrete slabs. Immediately after trowel finishing, slightly roughen the concrete surface by brooming in the direction perpendicular to the main traffic route. 60 j 03300-3 0-9593b I �10 03300.9. CHEMICAL FLOOR SEALER:_ Apply chemical floor sealer to all exposed concrete. Apply two separate rolled on coats of approved chemical floor sealer. Apply first coat immediately after final finishing operations and prior to application of curing material. Apply second coat after thoroughly cleaning concrete and just prior to job completion. Apply both coatings of chemical floor sealer at a rate of 200 sq.ft. per gal- lon and apply in strict accordance with manufacturer's recommendations as ap- proved by the Engineer. 03300.10. SHRINKAGE JOINTS: The contractor shall provide contraction joints .. in all concrete floor slabs as marked on the plans. Joints shall be carefully cut and tooled to avoid rough ragged edges. 03300.11. CONTROL JOINTS: The contractor shall provide keyed control joints in concrete slabs as shown on the plans. Joints shall be formed to provide a tongue and groove joint. 03300.12. EXPANSION JOINTS: Expansion joints shall be provided as shown on the plans. 6. 03300-4 I 0-9693b 1 ..R 04200. MASONRY �- Specific and General Requirements 04200.1. DESCRIPTION: The work included in this section of the specification entails all masonry work to complete the building as required on the plans and specifications. 04200.2. QUALITY ASSURANCE: Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section. Comply with all pertinent codes or regulations including the following: 1) Uniform Building Code 2) National Concrete Masonry Association 04200.3. SUBMITTALS: Submit samples of each proposed masonry unit to the Engineer for approval as follows: 04200.3.1. Concrete Masonry: Provide manufacturer's specifications of the proposed concrete masonry units for the project. 04200.3.2. Test Reports: 1. Test reports for each type of building and facing block are to be submitted to the Engineer for approval. 2. Testing and reports are to be completed by an independent laboratory. Prior to delivery of masonry materials to the job site, deliver to the Engi- neer a letter from the manufacturer of the proposed masonry units certifying that all such units to be delivered to the jot, site are in strict conformance with the provisions of this Section. 04200.3. PRODUCT HANDLING: Use all means necessary to protect the materia. of this Section before, during and after installation and to protect the work and materials of all other trades. In the event of damage, immediately make all repairs and replacements neces- sary to the approval cf the Engineer and at no additional cost to the Owner. 04200.4. MATERIALS: 04200.4.1. General: All materials shall conform to the following A.S.T.M. Specifications: Sand - C144, clean, natural sharp sand Portland Cement - C150, Type I, II or III Quick Lime C5 Hydrated Lime - C207, Type S Ins Concrete Block - C90 Grade N. Type I, hollow load bearing, normal weight Clay Brick - C216 Grade SW Grout - C476 Coarse Grout is 04200-1 6 0-9693b 04200.4.2. Concrete Blocks: Concrete block shall be the sizes indicated on the plans, light gray or neutral color, and shall conform to the requirements of ASTM C90, Grade N, Type 1, hollow load bearing, normal weight units, and .. 1500 psi minimum compressive strength. All block shall be autoclave cured blocks. Exterior block ,nall be rockface or split face. Interior block shall be standard block. 04200.4.3. Mortar: Mortar for masonry units shall conform to ASTM C-476 and shall have a compressive strength of 2500 psi in 28 days, color as selected by the Engineer. Mortar shall be mixed in the proportions of one part Portland cement, 1/4 part hydrated lime and 3 parts sand by volume. The use of masonry cement in mortar will not be allowed. Air content of nortar shall not exceed 12 percent. No antifreeze liquids or salts shall be used in an attempt to lower the freez- ing point of the mortar. Calcium Chloride may be used to accelerate set only upon specific permission by the Engineer. If mortar color is added, it shall not exceed requirements of BIA MI-72. Water must be clean and free of dele- terious amounts of acids, alkalies or organic material. C4200.4.4. Grout: Grout shall comply with ASTM C94, and consist of one part Portland cement, 2-1/2 parts sand, two parts pea gravel and adequate water to produce a concrete of approximately ten inches slump and a minimum compression strength at 25 days of 3000 psi. 04200.4.5. Reinforcement Steel: Rebar shall be provided as indicated on the plans and in conformance with the requirements of Section 03200 of these spec- ifications. Wall reinforcement for single wythe concrete block walls shall be Dur-O-Wal, Richmond, or equal, with 2 - 3/16" diameter galvanized, side rods and #9 gal- vanized truss rods. Use prefabricated corner reinforcement at wall intersections. 04200.4.6. Other Materials: Items not described but required for a complete .. and proper installation of the work of this Section, shall be as selected by the Contractor subject to the approval of the Engineer. ..w 04200.5. INSTALLATION: 04200.5.1. Laying Block: All masonry units shall be laid plumb, true to line and with level and accurately spaced courses and joints. All partial block shall be neatly sawed with a masonry saw. All footing wall block may be laid with running bond. All other block shall w be stacked bond. Block units shall be placed with a full bed of mortar on all shell edges. ra: Units with open cells exposed in walls will not be permitted. All joints shall be uniform concave type joints and allowed to set until mortar is thumb print hard before tooling. Block rt corners shall be carefully cut with masonry saw. •� 04200-2 0-9693b M Olt Mer OW 04200.5.2. Mixing Mortar: Mortar shall be used and placed in final position within 3 hours after mixing where the temperature is 80 degrees F. or less and within 2 hours after mixing if the temperature is over 80 degrees F. Mortars which have stiffened due to evaporation within these times may be reworked to restore workability by adding water and mixing. No retempering will be al- lowed for stiffened mortar from other causes. 04200.5.3. Placing Reinforcement: Block reinforcing shall be placed in every other course unless otherwise called for on the plans. All anchors, plates, lintels and other related items shall be properly anchored and grouted into place. Provide solid masonry or solid grouted and reinforced bearing beneath ends of all joists, beams and lintels. Provide 4" masonry bonding at all in- tersections of walls unless shown otherwise on the plans. 04200.5.4. Placing Grout: Grout shall be placed by pouring in lifts not ex- ceeding 6 feet in height. It shall be consolidated by puddling or vibrating during placing and reconsolidated after excess moisture has been absorbed, but before plasticity is lost. Special care shall be given to holding reinforcing steel in the proper posi-- tion during the grouting operation for both bond beams and pilasters. 04200.5.5. DETAILS: The masonry contractor shall build in properly all an- chozs, ties, plates, joists, beams, lintels, fleshings, inserts and all cor- related items which come in contact with masonry work. All drawings and spec- ifications shall be checked for other branches of work to ascertain proper lo- cations. All openings, frames and work built in connection with the masonry shall be checked and discrepancies reported. Modular sizes are intended wherever possible and all dimensions shall be reviewed prior to setting open- ings. All openings, chases, recesses, and other pertinent details on the me- chanical and electrical layouts shall be provided. Miscellaneous angles for openings are covered under Specification OS500. 04200.7. COLD WEATHER PROTECTION: 04200.7.1. Preparation: a. If ice or snow has formed on masonry bed, remove by carefully applying heat until top surface is dry to the touch. b. Remove all masonry deemed frozen or damaged. 04200.7.2. Products: a. Use dry masonry units. b. Do not use wet or frozen units. 04200.7.3. Construction requirements while work is progressing a. Air temperature 40°F. to 32°F. (1) Heat sand or mixing water to produce mortar* temperatures betu-,en 40°F. and 120°F. i# V 04200-3 0-9693b Air temperature 320F to 25'F. (1) Heat sand and mixing water to produce mortar temperatures between �. 40°F and 120°F. (2) Maintain temperatures of mortar on boards above freezing. c. Air temperatures 25°F. to 20°F. (1) Heat sand and mixing water to produce mortar temperatures between 40°F. and 120°F. (2) Maintain mortar temperatures on boards above freezing. (3) Use salamanders or other heat sources on both sides of walls ,— under construction. (4) Use windbreaks when wind is in excess of 15 mph. d. Air temperature 20°F. and below: (1) Kea' sand and mixing water to produce mortar temperatures between 40°F. and 120°F. U.- (2) Provide enclosures and auxiliary heat to maintain air temperature above 32°F. (3) Minimum temperature of units when laid: 20°F. 04200.7.4. Protection requirements for completed masonry and masonry not being worked on - a. Mean daily eir temperature 40°F. to 32°F. (1) Protect masonry from rain or snow for 24 hr. by covering with weather —resistive membrane. b. Mean daily air temperature 32°F. to 25°F. (1) Completely cover masonry with weather —resistive membrane for 24 hr. c. Mean daily air temperaturae 25°F to 20'F. � (1) Completely cover masonry with insulating blankets or equal protection for 24 hr. d. Mean daily air temperature 20'F and below: (1) Maintain masonry temperature above 32°F. for 24 hr. 04200-4 �. 0-9693b a NJ OR 05500. METAL FABRICATIONS Specific and General Requirements 05500.1. DESCRIPTION: Provide all miscellaneous metal and metal fabrications, complete, in place, as shown on the Drawings, specified herein, or needed for a complete and proper installation and not Specifically called for under other Sections of these Specifications. 05500.2. QUALITY ASSURANCE: Use adequate numbers of skilled workmen who are thoroughly trained and er.perienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section. Perform all shop and field welding required in connection with the work of g this Section, adhering strictly to the current pertinent recommendations of the American Welding Society. 05500.3. SUBMITTALS: Submit the following items (1) Complete materials list of all items proposed to be furnished and installed under this Section. (2) Manufacturers' specifications and other data required to demonstrate compliance with specified requirements. (3) Shop Drawings of all items proposed to be furnished and installed under this Section. Include plans, sections, elevations, and details as needed. 05500.4. PRODUCT HANDLING: Use all means necessary to protect the materials of this Section before, during, and after installation and to protect the work and materials of all other trades. In the event of damage, immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the Owner. 05500.5. MATERIALS: ,., 05500 1. General: For fabrication of the work of this Section which will be _ ,osed to view, use only those materials which a-.e smooth and free from surface blemishes including pitting, seam marks, roller marks, rolled trade names, and roughness. �.. Provide zinc -coated fasteners for exterior use and where built into exterior walls. Select fasteners for the type, grade, and clans required. 05500.5.2. Steel: All materials shall comply with ASTM A36 05500.5.3. Paint: Apply primer in accordance with Section 09900. 9 05500-1 0-9o93b 91 05500.6. FABRICATION: 05500.6.1. General: Use materia;s of size and thickness shown or, if not shown, of required size and thickness to produce strength and durability in .. the finished product. Work to dimensions shown or accepted on the Shop Drawings, using proven details of fabrication and support. Weld corners and sea--!! continuously, complying with AWS recommendations. At exposed connections, grind exposed welds smooth and flush; match and blend with adjoining surfaces. Form exposes; connections with hairline ioints, flush and smooth, using concealed fasteners wherever possible. Use exposed fasteners of type shown or, if not shown, use Phillips flat -head (countersunk) screws or bolts. .� Provide for anchorage of the type shown. Coordinate with supporting structure. Fabricate and space the anchoring devices to provide adequate support for intended use. 05500.7. MISCELLANEOUS METAL FABRICATIONS: 05500.7.1. Pipe Railings: Pipe railings and handrails shall be provided as required by the drawings. Railings shall have a top rail 3'-6" above the ramp floor. Horizontal mid rails shall be 7'Y" on center with standards or brackets spaced not more than 6'-0" on center. Railings shall be made up of 1Y' diameter steel pipe. Necessary floor brackets, wall brackets and end caps on exposed ends of pipe shall be furnished and installed. The railing shall have a steel toe guard as per plan details. 05500.8. INSTALLATION: 05500.8.1. Fasten;ng to Tn-place Construction: Provide anchorage devices and fasteners where necessary for securing miscellaneous metal fabrications to in - place construction including threaded fasteners for concrete inserts, toggle bolts, through -bolts, lag bolts, wood screws, and other connectors as required. 05500.8.2. Cutting Fitting and Placement: Perform cutting, drilling, and fitting required for installation of miscellaneous metal fabrications. Grind exposed joints smooth, and touch up shop paint coat. Grind exposed joints smooth, and touch up shop paint coat. 05500.8.3. Field Welding. Comply with AWS Code for procedures of manual shielded metal -arc welding, appearance and quality of weld made, and methods in correcting welding work. 05500.8.4. Touch Up Painting: Immediately after erection, clean field welds, bolted connections, and abraded areas of shop paint, and paint exposed areas # with same material as used for shop painting. w+ �T 05500-2 0-9693b .. 06000. CARPENTRY & MILLWORK y' SDecific and General Requirements 06000.1. DESCRIPTION: Provide all labor, materials, equipment and services and perform all operations required for complete installation of all carpen- try, millwork and related work as shown on the d* or specified herein. 06000.2. QUALITY ASSURANCE: Comply with pertiner, :ovisions of the follow- ing standards and codes: (a) National Design Specification for Wood Construction, by National Forest Products Association. (b) Standard Grading Rules for Western Lumber, by Western Wood Products Association. (c) Standard Grading and Dressing Rules, by West Coast Lumber inspection Bureau. (d) American Softwood Lumber Standard, Voluntary Product Standard PS 20-70, National Bureau of Standards, U.S. Department of Commerce. (e) Structural Glued - Laminated Timber, Voluntary Product Standard PS56-70, National Bureau of Standards, U.S. Department of Commerce. (f) Timber Construction Standards, American Institute of Timber Construction. (g) U.S. Product Standard PS 1-74 for Construction and Industrial Plywood, National Bureau of Standards, [}.S. Department of Commerce. (h) Plywood Design Specification, American Plywood Association. (i) Manual of Recommended Practices for Wood Preservation, American. Wood Preservers Association. 06000.3. PRODUCT HANDLING: Store lumber so it is properly ventilated; held straight; well -drained; protected from the elements; supported at points not over 4 feet apart with bottoms of piles and trusses at least 1-1/2" above basic support, i.e., ground, concrete, wood floors, etc. 06000.4. GRADE. STAMPS: Identify all lumber by the grade stamp of the West Coast Lumber Inspection Bureau or the Western Woods Product Association. Identify all plywood as to species, grade and glue type by the stamp of the American Plywood Association. Identify all other materials by the appropriate stan.p of the agency listed in section 06000.2. 06000.5. MATERIALS: 06000.5.1. Lumber: Lumber for miscellaneous cants anu blocking construction n shall be surfaced four sides unless , . iuireo and identified by offi- cial grade -mark. Materials for exterior use shall be Cedar or Preservative treated as shown on the plan. Lumber shall be kiln dried to an average moisture content of 15o and a maximum of 19% unless otherwise specified. 06000-•l 0-9693b } ,0 to Plates placed on concrete or concrete masonry shall be preservative treated lumber or Western Red Cedar No. 1. Rough framing lumber for concealed studs, plates, caps, fire stopping, led- gers, bucks, furring, blocking and the like shall be #2 Standard Grade Douglas Fir, Larch or Western Hemlock unless shown otherwise. ..� 06000.5.2. Wood Preservative: Preservative treatment for lumber shall be non-sta g, non -bleeding, non -corrosive to metals, paintable Wolman Salt Pressure Treatment by Koppers Co., conforming to Federal Specifications ... TT-W-550, TT-W-535 and TT-W-571. Treatment shall conform to Standard LP-2 of the American Wood Preververs Assn. Treated lumber which is to be painted shall be kiln dried to a moisture zontent of 19% or less before painting. Provide sufficient quantity of a concentrated solution of the preservative at the project site for use in coating all field cuts in the treated lumber. 06000.5.3. Rough Hardware: Anchors, connectors, and fastenings not indicated or specified otherwise shall be c,f the type and sizes necessary to suit the conditions encountered. Sizes, types and spacing of nails, screws, or bolts for installation of manufactured building materials shall be as recommended by the product manufacturer unless indicated or specified otherwise. Rough hard- ware exposed to the weather shall be zinc -coated. Bolts, nuts, washers, hang- ers and straps, and all other rough hardware embedded in or in contact with, exterior walls of concrete or masonry, or with -loor of concrete shall be zinc -coated, and shall be formed and punched before coating. All nails shall be galvanized. All concrete anchors shall be the drill -in type, Phillips Red Head, or equal. Masonry anchors shall bi toggle bolts, Star, or equal, for load bearing an- chorage. Plastic plugs may be used to anchor light weight items which do not apply any appreciable load. Lead shield shall not be used. 06000.6. INSTALLATION: Work shall be performed in conformance with good trade practices, applicable recommendations of the manufacturer, building codes, and these specifications. All. finish carpentry work shall be peg ics. Edges shall be butted and caref-ill exterior and cope interior corners. ,y first-class skilled mechan- i, scribed to fit, etc. Miter Use appropriate nails or glue for the materials to he installed. wK 06000-2 0-9693b w —e 07920. ,.A.LANTS b CAULKING ^ Specific 6 General Requirements 07920.1. DESCRIPTION: This secti3n of the specification includes all ^ necessary sealing and caulking throughout the building. 07920.2. SUBMITTALS: Submit manufacturers specifications and complete color selection for caulking and sealants. 07920.3. MATERIALS: The Contractor shall furnish and irstall the proper caulking and sealing material for the particular situations involved. r, Caulking shall be with Dow Corning 784, Sonolastic NP I S II, or approved equal. Co. . shall be as selected by the Engineer. v 07920.4. CAULKING: Caulk the perimeter of al'. doors and other openings both interior an�exte or around frames and the head and jambs of all doors where .�+ the frame or trim meets the masonry and wood members. Caulk over the expansion joint material where the concrete re,p meets the existing wood frame structure. Caulk all joints between steel lir_els and wall materials. -- Caulking is to be applied with a gun using the proper nozzle for the type of work involved. Caulking is to be done before the final coat of paint. 6-4 0-9693b P" 09900. PAINTING Specific and General Requir, :.,..i a G99C).1. GENERAL: This specification covers- the pVnting of handrails as described in detail hereinafter. Painting shall be done at such times as agreed upon by the Contractor and Engineer in order that rest, dust -free work be obtainer. All painting shall be don- strictly in accordance with the man- ufacturer's instructions and shall be performed in a manner satisfactory to the Engineer. 09900.2. MATERIALS: Each bidder shall base his bid c: pa'rits and the paint products of Tneme Coatings, North Kansas City, Missou_I, or of Koppers Com- pany, Inc., Pitt -burgh, Pennsylvania. For specification purposes the names and numbers of temec and Koppers paints have been used. ?roducts of other manufacturers comparable in quality and generic type to those specified may be bid as Alternate Equipment if said paints are offered h\ the Contractor with satisfactory data on past performance in waterworks mpos`t In, dii.!ctions for use, a-d other irr rc :tion required. Colors where n )t �'iall be �- as selected by the Engineer. 09900.3. PREPARATION OF SURFACE: All surfaces to be painted hall be pre- pared in a workmanl ke manner with the objective of obtaining c smooth, clean and dry surface. No painting shill be done 5efore the prepared surfaces are -- approved by the Engineer. METAL: Rust, dust and scale, as well as all other fertrin substances shall be removed by cleaning, wirebr-ishing, chipping, sandolastiug or pickling. Surface preparation for shop primed touch-up work hall 1�e to the L_.ti =f._. , _on of the - Engineer. "- Cleaned metal sh-tl be primed or painted, a3 ,per "d, inim.uiately after cleaning to preve-t rusting. WOOD_: Woou __. ,s s~ i11 be thoroughly cleaned .e all foreign: me r, with cracks and nail holes and o*her defects pr, filled and smoothed. Wood trim shall be sandpaperea to a fine finish a ed clean of dust. 09900.4. APPLICATION OF PAINT: The p_•it rc,te specifieTd fo ~rush application by thickened or must be diluted for appli-e be built t.�: •_o the same film thickness i� other wo-`a, on,. gallon of pa ' as of must not covet 3re,nte_r a.c foot area u` applied unthinti-•., �!}; brus,:_ .;:h coating at the If material has the coating she' 1 ul,• _ .Aed material. in :t : sh-•' :;y the man+.fc•cturer -. cd by P-ray gun trait when Drying t_...e 1hall be c, nstrued to meal. "under normal condition-." Where con- ditions are ( 'A than normal because of the weat''i. r or because painting mug#- be do-- in confined spaces, longer dryi►,g time will be necessr•y. Additional coats of paint shall not be applied nor shall units be ,returnee', to service until paints are t ughly dry. 09900-1 0-9693b �7 r'. 09900.4.1. Thinners: Where tninning is necessary, only the products of the .� manufacturer furnishin^ the paint, and for the particular rirpose, shall be allowed, and all such `binning shall be done strictly in accordance with the n manufacturer's instruc, ons as well as with the full knowledge and approval of the Engineer. 09900.5. METAL APPLICATIONS: All metal surfaces shall receive coatings as N•-ified herein. ..i 09900.5.1. Metal - Outdoor: All metal surfaces shall receive two finish coats of Tnemec Tneme-Gloss or Koppers Glamortex 501 Enamel. J9900.5.2. Shop Priming The shop priming coat shall be the product r, recommended for the specified finish coatings. 09900.`,3. Field Priming (a) Wherever the shop priming coat has been damaged in transit or during con- stu,:tion, the metal shall be cleaned to the satisfaction of the Engineer and touched up. 09900.6. WOOD APPLICATION: 09900.6.1. Exterior Wood Surfaces: All exterior wood surfaces shall be painted with one coat of Tnemec Architectural Wood Primer Series 100 and two coats of Tnemec Tr.eme-Gloss or one coat of Koppers 625 Undercoater and two coats of Koppers Glamortex 501 Enamel. 09900.7. COLORS: The contractor shall submit color charts to the Engineer and Owner and obtain an approved color schedule for ail finish coats prior to application. r+ WW 09900-2 sy 0-9693bMj CONDITIONS OF THE CONTRACT I N D E X PAGE NO. SECTION 1 - DEFINITIONS 1. SECTION 2 - BIDDING REQUIREMENTS 4. SECTION 3 - AWARD AND EXECUTION OF CONTRACT 6. SECTION 4 - DRAWINGS, SPECIFICATIONS AND RELATED DATA 7. SECTION 5 - ENGINEER -OWNER -CONTRACTOR RELATIONS 12. SECTION 6 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 17. SECTION 7 - MATERIALS, EQUIPMENT AND WORKMANSHIP 19. SECTION 8 - INSURANCE, LEGAL RESPONSIBILITY PUBLIC SAFETY AND MISCELLANEOUS 24. SECTION 9 - PROGRESS AND COMPLETION OF WORK 30. SECTION 10 - MEASUREMENT AND PAYMENT 31. SECTION 11 - CHANGES IN THE WORK 37. SECTION 12 - CHANGE OF CONTRACT PRICE 39. SECTION 13 - SUSPENSION OF WORK AND TERMINATION 43. SECTION 14 - GENERAL 45. PERFORMANCE BOND 47. LABOR 6 MATERIAL PAYMENT BOND 50. FORM OF AGREEMENT 53. CERTIFICATE OF ACKNOWLEGMENT 55. Y r 35.:5a 4/81 d W14 r CONDITIONS OF THE CONTRACT SECTION 1 1.1 CONTRACT DOCUMENTS 'fhe Contract Documents consist of the following, including all Addenda issued prior to the opening of bids and change orders or other Modificstions issued after execution of the Contract: (a) Bid Docents (Advertisement, Addenda, Information to Bidders, Proposal and Bid Security); (b) Agreement; (c) Conditions of the Contract (General and other conditions); (d) Performance and Payment Bond; (e) Special Prc-isions; (f) Specifications (General and Specific Requirements); (g) Drawings 1.2 CONTRACT The Contract Documents form the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. 1.3. ENGINEER The Engineer is the person or entity or authorized representative thereof named in the Contract Documents. 1.4 OWNER The Owner is the person or entity or authorized representative thereof named in the Contract Documents. 1.5 CONTRACTOR The Contractor is the person or entity or authorized representative thereof named in the Contract Documents. - 1 - 3526a 4/81 1.6 SUBCONTRACTOR The Subcontractor is the person or other entity having a direct contract ••ith the Contractor and acts for or on behalf of the Contractor in executing any part of the Contract, but does not include any separate Contractor or his subcontractor or any material suppliers. 1.7 PROPOSAL The Proposal is the offer of a bidder to perform the work described in the Bid Documents when made out and submitted on the prescribed Proposal form, properly signed and secured. 1.8 BID SECURITY The Bid Security, where required by the Advertisement or Information to Bidders, is a cashier's or certified check, cash or Bid Bond accompanying the Proposal submitted by the bidder, pledging that the bidder will enter into an Agreement with the Owner for the carrying out of the Work, should the contract for the Work be awarded to him. 1.9 AGREEMENT The Agreement is the written contract between the Owner and Contractor covering the performance of the Work described in the Contract Documents. Other Contract Documents are attached to the Agreement. 1.10 PERFORMANCE AND PAYMENT BONDS The Performance and Payment Bonds are the approved form of security furnished by the Contractor and his Surety prior to the execution of the Agreement as a pledge of good faith on the part of the Contractor and the Surety in the event of the Contractor's default, covering the Contractor's faithful performance under the Contract Documents and the payment of all ogiigations arising thereunder. 1.11 BIDDER A Bidder is an individual or other entity submitting a Proposal for the advertised Work. 1.12 SURETY A Surety is the perso or other entity executing the Contractor's Performance and Payment Bonds. 1.13 SPECIFICATIONS %, The Specifications consist of the General and Specific Requirements pertaining to the Work. R1 - 2 - 3526a 4/81 1.14 DRAWINGS The Drawings are all plans, drawings or reproductions of drawings issued by the Engineer pertaining to the Work and provided for in the Contract Documents. 1.15 WRITTEN NOTICE Written Notice shall be deemed to have been served if delivered in person or sent by registered or certified mail to the individual or other entity or to the last known business address of such individual or entity. It shall be th; duty of each party to advise the other parties to the Agreement as to any change in the business address until completion and acceptance of the Work. 1.16 ACTS OF GOD An Act of God is an unusual, extraordinary and sudden manifestation of the forces of nature, uncontrolled and uninfluenced by the power of man and without human intervention, that could not under normal circumstances have been anticipated or expected. Ordinary expected weather conditions of normal intensity for the locality shall not be considered as an Act of God. 1.17 DEFECTIVE An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does riot conform to the Contract Documents or does not meet the requirements of :iny inspection, test or approval referred to in the Contract Documents, or has been damaged prior to Engineer's recommendations of final payment. 1.18 tom_ A calendar day of twenty-four hours measured from midnight to the next midnight. 1.19 WORK The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. tv 3 - 3526a r 4/81 SECTION 2 .a. BIDDING REQUIREMENTS 2.1 PROPOSAL FORMS The Owner will furnish Proposal Forms to any qualified Bidder upon request. 2.2 INTERPRETATION OF QUANTITY ESTIMATES The quantities appearing in the Proposal shall be used as the basis of calculation for comparison of Proposals. The schedule quantities are to be considered approximare only and may be increased, decreased or omitted as provided in Section 11. 2.3 EXAMINATION OF PLANS, SPECIFICATIONS AND WORK SITE. Each Bidder is required to examine carefully the site of the Work, the Proposal Forms, Specifications and Plans. Submission of a Proposa. constitutes a representation by the Bidder that he has made such examination, has familiarized himse'f with the conditions to be encountered, the character, quality and quantity of work to be performed and material to be furnished and has correlated his observations with the requirements of these Contract Documents. 2.4 ADDENDA Any Addenda issued prior to the time of receipt of Proposals shall be included in the Proposal and shall be made part of the Contract Documents. Receipt of each Addendum shall be acknowledged by the Bidder in his Proposal. 2.5 PREPARATION OF' BID The bidder shall submit his Proposal on the Proposal Form provided by the Owner. All blank spaces in the Proposal must be filled in clearly and correctly in ink or typewritten. Any interlineation, alteration or erasure must be initialed by the signer of the Proposal. The Proposal shall be signed in ink by the individual or authorized representative making the Proposal. 2.6 RESERVATIONS AND/OR EXCEPTIONS Reservations or exceptions shall be clearly stated in writing and attached to .. the Proposal. They will be deemed to be a part of and incorporated into the dw Proposal. Bidders are advised that if such reservations or exceptions constitute a substantial deviation from the advertised terms and conditions, ►'1 their Proposals may be rendered nonresponsive. The Bidder shall make no additional stipulations on the Proposal nor qualify it in any other manner. ►� i r 4 - 3526a 4 / 81 2.7 BID SECURITY If so stipulated in the Advertisement or Invitation to Bid, each Proposal shall be accowt,:,,iied by a Bid Security in the required form and amount pledging that the Bidder will enter into a Contract with the Owner on the terms stated in his Proposal and will, if required, furnish bonds as described hereunder in Section 3.2 covering the faithful performance of the Contract and the payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds, if required, the amount of the Bid Security shall be forfeited to the Owner as liquidated damages, not as a penalty. The Owner will have the right to retain the Bid Security of Bidders until either (a) the Contract has been executed and bonds, if required, have been furnished by the Contractor to whom an award has been made or (b) the specified time has elapsed so that unaccepted Proposals may be withdrawn, or (c) all Proposals have been rejected. 2.8 DELIVERY OF PROPOSAL Each Proposal shall be placed in an opaque envelope and securely sealed. The envelope shall be so marked as to indicate the name and address of the Bidder, the type of work and the Project Designation. If mailed, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "PROPOSAL ENCLOSED" on the face thereof. All Proposals shall he in the office of the designated recipient before the time set for bid opening. 2.9 OPENING OF PROPOSALS Proposals will be opened publicly and read aloud at the time, date and place designated in the Advertisement. 2.10 EVALUATION OF PROPOSALS The Owner reserves the right to reject any Proposal if it shows any omissions, alterations, irregularities, is submitted subsequent to the opening of the fi-pt Proposal, or is unaccompanied by any required Bid Security. The Bidder f �!r acknowledges the right of the Owner to reject all Proposals and ree rtise with the sane or different Bid Documents. In any event, the Owner reserves the right to waive any informalities, irregularities or minor deviations in the Proposal. Comparison of Proposals will be made on the basis of the stated unit prices and unit prices will control in the event rf a discrepancy between the unit price and the extension or summation thereof. 2.11 CERTIFICATE OR INDEPENDENT PRICE DETERMINATION By submission of a Proposal, each Bidder certifies that: (a) The prices in. the Proposal have been arrived at independently, without consultation, communication or agreement as to any matters relating to such prices with any other bidder or with any competitor for the purpose of restricting competition; W - 5 - 3526a r 4/81 ra (b) The prices in the Proposal have not been or will not be knowingly disclosed to any other bidder or competitor prior to the 0,-er's opening of the Proposals; (c) No attempt has been made or will be made by the Bidder to induce any - other person or firm to submit or not to submit a Proposal for the purpose of restricting competition. SECTION 3 AWARD AND EXECUTION OF CONTRACT 3.1 AWARD OF CONTRACT When the Proposal of the lowest responsible bidder is accepted and within 30 days after opening, the Owner will send him the necessary Contract Documents and a notice that the contract has been awarded to hir, subject to the fur- nishing of a Performance and Payment Bond, where required. 3.2 PERFORMANCE AND PAYMENT BONDS Prior to or at the time of the execution of the Agreement the Bidder deter- mined to be the lowest responsible Bidder shall furnish a Performance and Pay- ment Bond as security for the faithful performance and payment of all his obligations under the Contract. Such Bonds shall be in a sum equal to the Contract Amount. The form of the bond shall be as the Owner may prescribe herein. The Bond shall be executed by the Bidder and a surety company author- ized to do business in the State where the Work is located. The surety .� company shall be listed in and the bond limit shall not exceed the amount set forth in the currant Department of the Treasury "Surety Companies Acceptable .. on Federal Bonds" is=ued under 12 6 U.S. Code 6-1.3. +b+ 3.3 EXECUTION OF AGREEMENT The lowest responsible bidder shall, within 15 days after receiving the notice of award, sign the Agreement contained in the Contract Documents and return the signed Agreement and other Contract Documents to the Owner. 3.4 FAILURE TO EXECUTE AGREEMENT Upon the failure of the lowest responsible bidder to furnish an acceptable Bond, where required, or to execute the Agreement within the time above speci- fied, the Owner may have the option to annul the award and retain the Bid Security accompanying the Bid as liquidated damages and not as a penalty. This shall not be the sole remedy of the Owner but upon default by the Bidder wa the Owner may adopt any legal remedy which it may see fit to adopt. v 6 - 3526a 4/81 M 3.5 RETURN OF BID SECURITY All Bid Securities, except that of the lowest responsible bidder, will be re- turned within 30 days after the date of the opening of Proposals. The Bid Security of the lowest responsible bidder will be returned upon receipt of the properly executed Agreement and Bond. SECTION 4 DRAWINGS, SPECIFICATIONS AND RELATED DATA 4.1 INTENT OF DRAWINGS AND SPECIFICATIONS It is the intent of the Specifications and Drawings to describe a complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be sulvlied whether or not is is specifically called for. In furtherance of this intent. 4.1.1 The Contract Documents comprise the entire Agreement between Owner and Contractor concerning the Work. They may be altered only by a written change order. 4.1.2 The Contract Documents are complementary; what is called for by one is bin4ing as if called for by all. If, during the performance of the Work, the Contractor finds a conflict, error or ,iiscrepancy in the Con- tract Document-i, he shall report it to engineer in writing at once and before proceeding with the Work affected thereby; however, Contractor shall not be liable to Owner or Engineer for failure to report any con- flict, error or discrepancy in the Specifications or Drawings unless Con- tractor had actual knowledge thereof or should reasonably have known thereof. 4.1.3 When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be inter- preted in accordance with such meaning. Reference to standard specifica- tions, manuals or codes of any technical society, organization or associa- tion, or to the code of any governmental authority, whether such reference by specific or by implication, shall mean the latest standard specifica- tion, manual or code in effect at the time of opening of Bids (or, on the effective date of the Agreement if there were no Bids), except r3 may be otherwise specifically stated. However, no provi3ion of any referenced standard specification, manual or code (whether or not <_pecifically incor- porated by reference in the Contract Documents) shall change the duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees from those set forth in the Contract Documents. Clar- ifications and interpretations of the Contract Documents shall be issued by Engineer as provided for in Paragraph 4.4. 4.1.4 The Contract Documents shall be governed by the law of the place of NO the project. 7 - 3526a Caf 4 / 31 A 4.2 ORDER OF PRECEDENCE If there be a conflict between or among any of the terms or provisions of the Contract Documents, which conflict cannot be reconcile,-- '-y resorting to the •.•, intent of this Contract under Paragraph 4.i, the conflict shall be resolved by applying the following Order of Precedence: (a) Agreement; so (b) Conditions of the Contract; (c) Special Provisions; (d) Specifications - Specific Requirements; 4, (e) Specifications - General Requirements (f) Prawings. 4.3 DISCREPA"C1ES Any ambiguity or discrepancy in the Drawings and Specifications, no matter how seemingly insignificant to the Contractor, shall be brought immediately to the attention of the Engineer for clarification. Any Contractor who fails to bring any ambiguity or discrepancy of which it was or should have been aware, shall assume the risk of loss of claim, and shall be aLlowed no claim, for the misinterpretation of the Drawings and Specifications contrary to the intended interpretation of the Engineer. 4.4 ADDITIONAL INSTRUCTIONS Further or additional instructions may be issued by the Engineer during the am progress of the Work by the use of Drawi-- or other means 'o clarify the 0 Contract Documents or to explain or illustt ;e changes in the Work to be done.04 4 4.5 COPIES OF DRAWINGS AND SPECIFICATIONS FURNISHED — f � Mr Except as provided for otherwise, five (5) copies of Drawings and Specifications shall be furnished to the Contractor without charge. 4.6 DRAWINGS AND SPECIFICATIONS AT JOB SITE t, One complete set of all Drawings and Specifications, Addenda, approved Shop Drawings, Change Orders and Other Modifications shall be maintained by the Contractur at the job site anti shall be available to the Engineer at all times. 4.7 OWNERSHIP OF DRAWINGS AND SPECIFICATION .� All Drawings and Specifications and copies thereof and other data furnished by the Engineer are and shall remain his property. They are to be used only with respect to this Project and are not to be used on any other project. Said documents are to be returned or suitably accounted for to the Engincer on re- $Ma - 8 - wr quest at the completion of the Work. Submission or distribution to meet offi- cial regulatory requirements or for other purposes in connection with t',e Pro- ject is not to be construed as publication in derogati)n of the EnL.neer's common law copyright or other reserved rights. 4.8 DIMENSIONS Figured dimensions on the plans will be used in p-eference to scaling the Drawings. .,here the work of the Contractor is affected by finish dimensions, these shall be determined by the Contractor at the site, and he shall assume the responsibility therefor. 4.9 SAMPLES All samples called for in the Specifications or required by the Engineer shall be furnished by the Contractor and shall be submitted to the Engineer for his review. Samples shall be furnished so as not to delay the Project. The Contractor shall furnish such samples of material as may be required for examination and testing. All materials and workmanship shall be in accordance with approved samples. All samples of materials for tests shall be taker according to methods provided for in the Specifications. 4.10 PRODUCT DATA Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work. 4.11 SHOP DRAWINGS 4.11.1 The Contractor shall provide Shop Drawings, settings, schedult.- and such other drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Drawing, pecifications or Engineer's instructions. Dpviations + -m the Drawing: and Specifications shall be called to the attention of t Engine;:e at the time of the first submission of Shop Drawings and other drawings for approval. The Engineer's review of ar drawings shall ncl release the Contractor from responsibility for such ztior.s. 4.11.2 Shop Drawings shall be promptly submitted by the Contractor after he has reviewed, checked and approved the data to determi%:. that they in harmony with the requiremer f the Project dnd with the provisions of the Contract Documents and af•. c ;Aas verified all field measurements and construction criteria, mate. —is, catalog numbers and similar data. By submitting the Shop Drawings, the Contract<r certifies that the work represented by the Shop Drawings has been coordinated with th,� Contract Documents and all relevant field conditions. M - 9 - 3526a r 4/81 i 4.11.3 Shop Drawings shall be submitted according to the following schedule: (a) Three copies shall be submitted with reasonable r,romptness and in such sequence as to prevent delay cf the Work. (b) The Engineer shall, within fourteen (14) days cf tipsubmittal �1 of any Shop Drawings, return one copy to the Contractor mz;ieo� with corrections and changes. i (c) The Contractor shall then promptly correct the Shop Drawings to conform to the corrections and changes requested by the Engineer. 04 (d) Following completion of such corrections and changes, the Contractor shall prougtly furnish the Engineer two copies of the Shop Drawings conformin^ to the require.: corrections and changes. 4.11.4 Engineer will review with reasonable promptness Shop Drawings and samples, but Engineer's review shall be only for conformance with the design concept of the Project and for compliance with the informatics n given in the Cortract Documents and shall not- extend to means, methods, sequences, techniques or procedures of construction or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate review of the assembly in which the item functions. Contractor shall make any corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and resubmit new samples for review. Contractor shall d .-ect specific attention in writing to revisions other than the corrections called .,r by ' Engin,�er on previous aubmittals. Contractor's stamp of approval on any Shop Drawing or sample shall constitute a representation to Owner and Engineer that Contractor has either determ4---d and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or assumes full responsibility for doing so, and that Contractor has reviewed or coordinated each Shop Drawing or simple with the requirements of the Work and the Contract Dor-rents. 4.11.5 Where a Shop Drawing or sample is required by the Specifications, no related -k shall be commenced until the submittal has been reviewed �.- and F- prove.. Engineer. 411.6 Engineer's reviee, or approval of Shop L rings or sam.nles shall not 04 relieve Contractor from responsibility for any deviations from the %A Contract Documents unless Contra: - has in writ4.ng called Engineer's attention to such deviation at the time or submission and Engineer has given written concurrence and approval to the specific deviation, nor -kid shall any concurrence or approval by Engineer re,'»ve Contractor from responsibility for errors or omissions in the Shop Draw:ngm. o± 4.12 QUALITY OF EQUIPMENT AND MATERIALS w 4.12.1 -n order to establish standards of quality, the Engineer, in the , Specifications, has referred to certain p,oduct,- 5y name and catalog s� - 10 - 352 6a 4/81 number. This procedure is not to be construed as eliminating from competition. other products of equal or better quality by other manufacturers where fully suitable in design unless otherwise spe:ifically stated in the Specifications or Special Provisions. 4.12.2 The Contractor shall furnisl, the complete list of proposed desired substitutions prior to executing the Agreement, together with such engineering and Product Data as the Engineer may require. 4.12.3 Thr. Contractor shall abide by the Engineer's recommendation when proposed substitute materials o- items of equipment are not: recommended for installation and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be ;,-,bmitted in writing by the General Contractor and not by individual or material suppliers. The Engineer will review proposed Lutions and make his recommendation in writing within a reasonable 4.13 FURNISHING OF r RODUCT DATA 4.13.1 The Contractor shall furnish one copy of complete Product Data for every manufacturered item of e, ipment and all component: to be used in the Work, including specific performance data, material description, rating, capacity, working pressure, material gag_^ or thicknec,:, branG name, catalog number and general type. 4.13.2 This data shall be compiled by the Contr--tor and reviewed by the Engineer before any of the equipment is ordered. 4.13.3 'il data shall be indexed according to specification section and paragral . for easy ref.- rence. 4.13.4 After review, 0iis data shall become a part of t`ie U-intract, and may nc` be deviated from -xcept upon written approval of the Engineer 4.13.5 Product Data ' :,r equipment reviewed by the Engineer does ,,..t in any cane ^rpr•f- the Contract Documents. The rev: s! by the Engineer shall no. the Contractor from responsibili.y for deviations from Drawings or Specifications unless he has in writing called the Engineer's attention to such deviations at the time of furnish;--z said data. Nox Baal; such review relieve the Contract-)r from responsibility for errors of any sort the items furr.i.shed. T, Contractor shall 'heck tae Work described b,, .ne Product Data with th „entrant Documents for deviations and errors. 4.13.6 It shall be the responsibility of the Contr-^tor to insure tha-- ,� items to be furnished fit the space a ble. He LA.all make necess- field measurements to at--ertain space i.rements, including those for c-nnections, and shall order such sizes and shapes or that '.he f_nal in3tall7t.ion shall suit the true intent anJ meaning o a Drawings and Spec. ificat.ans. iw 35?6a 4j S1 4.13.7 Where equipment requiring different arrangement Df connections from those shown is approved, it shall be the responsibility of the Contractor to install the equipment so as to allow for proper operation and in harmony with the intent of the Drawings and Specifications, and to make all changes in the work required by the different arrangement of connections. 4.13.8 Product Data shall be promptly submitted by the Contractor after he has reviewed, checked and approved the data to determine if they are in am harmony with the requirements of the Project and with the provisions of the Contract Documents and after he has verified all field measurements and construction criteria, materials, catalog numbers and similar data. s� In submitting the Product Data, the Contractor certifies that the work represented by the data has been coordinated with the Contract Documents and all relevant field conditions. A SECTION 5 ENGINEER -OWNER -CONTRACTOR RELATIONS 5.1 ENGINEER'S STATUS AND AUTHORITY Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as "1 Owner's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Engineer. The Engineer's duties and limitations include: 5.1.1 Engineer will make visits to the site at intervals appropriate to " the various stages of construction to observe the progress and cuality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a ,preater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site observations as an experier.ced and qualified design professional, Engineer will keep Owner in`ormed of the progress of the Work and will endeavor to guard Owner against defects ane deficiencies in the Work. , 5.1.2 Engineer will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as Engineer may determine necessary, which shall be consistent with er reasonably inferable from the overall intent of the 4 Contract Documents. If Contractor believes that a written clarification or interpretation justifies an increase in the Contract Price or Contract Time, Contractor may make a claim therefor as provided in Section 11 or NO Section 12. r - 12 3 51 oa 4 /81 r 5.1.3 Engineer will have authority to disapprove or reject Work which is defective, and will also have authority to require special inspection or testing of the Work as provided in Paragraph 7.9, whether or not the Work is fabricated, installed or completed. The Engineer shall not have charge of or control over the Work and shall have no authority to stop the Work. 5.1.4 If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in observing the performance of the Work. The duties, responsibilities and limitr•_ions of authority of any such Resident Project Representative and assistants will be as provided in these Conditions for i.he Engineer. 5.1.5 Neither Engineer's authority to act under this Section 5 or elsewhere in the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of Engineer to Contractor, any Subcontractor, any manufacturer, fabricator, supplier or distributor, or any of their agents or employees or any other person performing any of the Work. 5.1.6 Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", or terms of like effect or import are used, or the adjectives "reasonable", "skii.table", "acceptable", "proper", or "satisfact,)ry", or adjectives of like effect or import are used to describe requirements, direction, review or judgment of Engineer as to the Work, it i,s intended Char such requirements, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The ,use of any such term or adjective never indicates that Engineer shall 1-.ave authority to supervise or direct performance of the Work or authority to undertake responsibility contrary to the provisions of Paragraphs 5.1.7 or 5.1.8. 5.1.7 Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precauti,,ns and programs incident thereto, and Engineer will not be responsible for contractor's failure to perform the Work in accordance with t'ie Contract Documents. Enginee, will not be responsible for the acts or omissions of Contractor or of any Subcontractors, or of the agents or employees of any Cortractor or Subcontractor, or of any other persons at the site of otherwise performing any of the Work. k .F 5.2 ASSIGNMENT OF CONTRACT WIN The Contractor shall neither sublet, sell, transfer, assign or otherwise dis- poAe of the Contract or any portion thereof, or of his right, title or inter- e,,t therein, or his obligations thereunder, nor, if this Contractor is a cor- porate entity, sublet, sell, transfer or assign a majority of the outstanding VO (hares of stock in the corporation, without prior written consent of the w - 13 - ( 3526a r 4/81 Owner. In case written consent is given, the Contractor will be permitted to sublet a portion of the contract or corporate stock thereof, but shall per- form, with his own organization, Work amounting to not less than 50 percent of the total original contract cost. No subcontra t s or transfer of contract or corporate stock shall release the Contractor of his liability under the Con- tract or Bonds. 5.3 RIGHTS OF VARIOUS INTERESTS rr Wherever Work being done by the Owner's forces or by other Contractors is contiguous to Work covered by this Contract, the respective rights of the various interests involved shall be established by agreement to secure the .� completion of the various portions, of the Work in general harmony. 5.4 SEPARATE CONTRACTS +w The Owner may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of thei• Work. It shall be the Contractor's responsibility to inspect all work by other Contractors affecting his Work and to report to the Engineer any irregularities which will not permit him to complete his work in a satisfactory manner. His failure to notify the Engineer of such irregularities shall indicate the work of other Contractors has been satisfactorily completed to receive his Work. The Contractor shall not be responsible for defects of which he could not have known, which develop in the Work of others Rfter the Work is completed. It shall be the responsibility of the Contractor to measure the completed work in place and report to the Engineer immediately any difference between completed work by others and the Drawings. 5.5 SUBCONTRACTS Nothing herein shall create any legal relationship between the Owner or Engineer and any subcontractor, and no subcontractor shall have any rights under this Contractor's agreement with the Own-r. The Contractor's award of subcontracts shall be subject to the following: 5.5.1 Unless otherwise specified in the Contract Documents, the Con- tractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractor proposed for the Work. Subcontractors may not be changed except at the request or with the con- sent of the Owner. Contractor shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute ow against whom Owner or Engineer may have reasonable objection. A Sub- contractor or other person or organization identified in writing to Owner R and Engineer by Contractor prior to the Notice of Award and not objected to in writing by Owner or Engineer prior to the Notice of Award will be fto deemed acceptable to Owner and Engineer. Acceptance of any Subcontractor, other person or organization by Owner or Engineer shall not constitute a waiver of any right of Owner or Engineer to reject defective Work. If - 14 - 352 fia 4 /8 r .4 tio Owner or Engineer after due investigation has reasonable objection to any Subcontractor, other person or organization proposed by Contractor after the Notice of Award, Contractor shall submit another acceptable Sub— contractor at no change in the Contract Price. Contractor shall not be required to employ any Subcontractor, other person or organization against whom Contractor has reasonable objection. 5.5.2 Contractor shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in the Contract Documents shall create any contractual relationship between Owner or Engineer and any Subcontractor or other person or organization having a direct contract with Contractors nor shall it create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any Subcontractor or other person or organization, except as may otherwise be required by law. Owner or Engineer may fu.-nish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to Contractor on account ci specific Work done. 5.5.3 The divis;c.s and sections of the Specifications and the identifications of ..n,, Drawings shall not control Contractor in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. 5.5.4 All Work performed for Contractor by a Subcontractor will be pursua<t to an appropriate agreement between Contractor and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer and contains waiver provisions as required by Paragraph 8.1. Contractor shall pay each Subcontractor a just share of any insurance moneys received by Contractor on account of losses under Builder's Risk policies issued pursuant to Paragraph 8.1. 5.6 ORAL AGREEMENTS No oral order, objection, claim or affect or modify any of the terms Contract Documents, and none of the be held to be waived or modified by by a definitely agreed waiver or evidence shall be introduced in modification. 5.7 NONDISCRIMINATION IN EMPLOYMENT notice by any party to the others shall or obligations contained in any of the provisions of the Contract Documents shall reason of any act whatsoever, other than modification thereof :n writing, and no sny proceeding of any other waiver or For Work under this Contract the Contractor must agree; - 3526a r 4/81 M am (a) That in the hiring of common or skilled labor for the perfor- mance of any work under this Contract or any subcontract hereunder, no l contractor, material supplier or vendor shall, by reason of race, creed, color or national origin, discriminate against the person or persons who are qualified and available to perform the Work to which such employment ~ relates; (b) That no Contractor, material supplier or vendor shall, in any 01 manner, discriminate against or intimidate or prevent the employment of any person or persons, or on being hired, prevent or conspire to prevent any person or persons from the performance of the Work under this Contract ..s on account of race, creed, color or national origin. (c) Violation of this section shall. be cause for cancellation or termination of this contract. �++ 5.8 DECISIONS ON DISAGREEMENTS .w 5.8.1 Claims, disputes, disagreements, or other matters in question between the Contractor and the Owner relating to the execution or progress of the Work or the interpretation of the Contract Documents shall be referred initially Lo the Engineer for decision which he will render in writing within a reasonable time. 5.8.2 Any claim, dispute, disagreement or other matter that has been .t referred to the Engineer, except any which has been waived by the making or acceptance of final payment, shall be subject to arbitration under Pargraph 5.9 below upon the written demand of either party. However, no demand for arbitration of any such claim, dispute or other matter may be made until the earlier of the date on which the Engineer has rendered his `- written decision, or the tenth day after the parties have presented their evidence to the Engineer or have been given a reasonable opportunity to do so, if the Engineer has not rendered his written decision by that date. 5.8.3 If a decision of the Engineer is made in writing and states that it , is final but subject to appeal, no demand for arbitration of a claim, dispute or other matter, covered by such decision may be made later than thirty days after the date on which the party making the demand received the decision. 'The failure to demand arbitration within said thirty days' period will result in the Engineer's decision becoming final and binding .ro upon the Owner and the Contractor. If the Engineer renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede any arbitration proceedings unless the decision is acceptable to the parties concerned. 5.9 ARBITRATION %0 5.9.1 All claims, disputes and other matters in question arising out of, or relating to, this Contrnrr or the breach thereof, except fr_r claims which have been waived by the making or acceptance of final payme.it, or ..• barred by failure to demand arbitration within the time limits specified, 44 - 16 - 3526a 4/81 an am shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. Prearbitration discovery shall be conducted in accordance with Rules 26 through 37 of the Federal Rules of Civil Procedure. The parties agree not to consolidate their arbitration proceedings with any such proceedings to which the Engineer is a party without the written consent of the Engineer. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. 5.9.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Contract and with the American. Arbitration Association, and a copy shall be filed with the Engineer. The demand for arbitration shall be made within the time limits specified and in all other cases within a reasonable time after the claim, dispute or other matter in queSLion has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations. 5.9.3 The Contractor shall carry on the Work and maintain the progress schedule during any arbitration proceedings, unless otherwise agree-i by him and the Owner in writing. SECTION 6 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS; itEFERENCE POINTS 6.1 LANDS BY OWNER The Owner shall provide, not later than the date when needed by the Contractor, the lands shown on the Prawings upon which the Work under the Contract is to be performed. The Owner shall also provide rights -of -way for access thereto. Any unreasonabir- delay in furnishing these lands by the Owner shall be deemed proper cause for. adju:.tment in the Contract Amount and in the time of completion. 6.2 LANDS BY CONTRACTOR Any additional land and access thereto not shown on the Drawings that may be required for temporary construction facilities or for storage of materials shall be provided by the Contractor with no liability to the Owner. The .,,. Contractor shall confine his apparatus and storage of materials and operation of his workmen to those areas described in the Drawings and Specifications and such additional areas which he may provide at his expense. �MA to 3526a r 4/81 am 6.3 PRIVATE PROPERTY r The Contrac^or shall not enter Ripon private property for any purpose without obtaining permission from the 0,,,:c thereof, and he shall be responsible for the preservation of all public property, trees, monuments, etc., along and +n adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. He shall protect carefully from disturbance or damage all monuments and property marks until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed. 6.4 SURVEYS r�► Unless otherwise specified, the Owner shall establish all base lines for the location of the principal component parts of the Work together with a suitable ••, number of bench marks adjacent to the Work. Based upon the information provided by the Owner, the Contractor shall develop and make all detail surveys necessary for construction, including batter boa-.-ds, stakes for pile locations and other working points, lines and elevations. The Contractor shall be responsible for carefully preserving bench marks, reference points ^� and stakes, and, in the case of destruction thereof resulting from his negligence or otherwise, the Contractor shall be charged with the expense and '+1 damage resulting therefrom and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such bench marks, reference points and stakes. 6.5 UTILITIES The contractor shall be solely responsible for verifying the exact location of i all utilities. Prior to the start of any construction, the Contractor shall notify all utility compcnies having utilities in the Project area. The Contractor shall have sole responsibility for providing temporary support and «+ for protecting and maintaining all existing utilities in the Project area during the entire period of construction, including but not limited to the period of excavation, backfill and compaction. In carrying out this responsibility, the Contractor shall exercise particular care, whenever gas mains or other utility lines are crossed, to provide compacted backfill or other stable support for such lines to prevent any detrimental displacement, rupture or other failure. 6.6 INVESTIGATIONS Reference is made to the Specifications for identification of those reports of investigsti:-ns and tests of subsurface and latent physical conditiona at the site or oth:-i-wise affecting cost-, progress or performance of the Work which have been relied upon by Engineer ii: preparation of the Drawings and Specifications. Such reports are not guaranteed as to accuracy or v completeness and are not part of the Contract Documents. r� V �3'�i25a 6.7 UNUEUAL CONDITIONS Contractor shall promptly notify Owner and Engineer in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. Engineer will promptly review those conditions and advise Owner in writing if further investigation or tests are necessary. Promptly thereafter, Owner shall obtain the necessary additional investigations and tests and furnish copies to Engineer and Contractor. If Engineer finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by Contractor, a Change Oider shall be issued incornorating the necessary revisions. SECTION 7 MATERIALS. EOUIPMENT AND WORKMANSHIP 7.1 MATERIALS AND EQUIPMENT FURNISHED BY CONTRACTOR 7.1.1 Contractor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 7.1.2 All materials used in the Work shall be of good quality, new unless .�s otherwise provided for in the Contract Documents, shall meet the requirements of the Specifications, and shall not be incorporated into the Work until reviewed by the Engineer, If required by Engineer, Contractor ►++ shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. r� 7.1.3 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions �., of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents. 7.2 MATERIALS FURNISHED BY OWNER 7.2.1 Materials specifically indicated shall be furnished by the Owner. Before incorporating any of the materials into the Work, the contractor shall inspect the materials so furnished by the Owner. If the Contractor discovers any patent defects in material furnished by the Owner, he shall notify the Engineer. 7.2.2 Unless otherwise noted or specifically stated, materials furnished r by the Owner are considered to be f.o.b. the nearest railroad station or truck line. The (.onfractor shall transport the materials to the job site, 77 19 _. 1t 3526a ke 4181 unload and properly protect all such materials from damage or loss. The Contractor shall be responsible for material loss or damage after receipt of materials at the point of delivery. 7.3 STORAGE OF MATERIALS Matetial.s shall be so stored by the Contractor as to insure the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard, clean surfaces, and/or they shall be placed under cover and not on the ground. Stored materials shall be located so as to facilitate prompt inspection. Private property shall not be used for storage purposes without the written permission of the Owner or lessee thereof. 7.4 OBSFRVATION OF WORK All materials and equipment and each part or detail of the Work shall be subject at all times to observation by the Engineer and the Owner, and the Contractor will be responsible for strict adherence o the true intent of the Specifications in regard to quality of materia's, workmanship, and the diligent execution of the Work. Such observations :aaJ include m4.11, plant, or shop inspection, and any material furnished under these Specifications is subject to such observation. The Engineer shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make his observations and construction review. 7.5 CONTRACTOR'S SUPERINTENDENCE AND WORKERS 7.5.1 A competent superintendent, who is acceptable to the Owner, shall be maintained on the Work site and give efficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed by the Engineer in writing. Other communications shall be so confirmed upon written request of the Contractor. It shall be the responsibility of the Contractor's superintendent to coordinate the work of all the Subcontractors. When required, the superintendent shall be present on the site to perform adequate supervision and cooTd'_nation. 7.5.2 Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docume•its. Contractor shall at all times maintain good discipline and order at the site. 7.5.3 The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any Subcontractors. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Con- tractor or Subcontractor who does not perform his work in c skillful man- _ 10 _ 3516a 4/81 ner, or appears to be incompetent or to act in a disorderly or intemperate manner shall be discharged immediately and shall not be employed again in any portion of the Work. 7.b CU"WING AND PATCHING The Contractoi all do all necessary cutting, fixing or patching of the Work that may be required to make its several parts fit together properly, or to properly receive the Work of the various trades, or, as required by the Drawings and Specifications, to complete the Work. He shall restore gall such cut or patched work as approved by the Engineer. Cutting of existing structure that shall endanger the Work, adjacent proper+_y, workmen or the public shall not be done. 7.7 WARRANTY AND GUARANTEE Contractor warrants and guarantees to Owner and Engineer that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in Paragraph 7.12. 7.8 ACCESS TO WORK Engineer and Engineer's representatives, other representatives of owner, testing agencies and governmental agencies with jurisdictional interestfi will have access to the Work at reasonable times for their observation, inspection and testing. Contractor shall provide proper and safe conditions for such access. 7.9 TESTS AND INSPECTIONS 7.9.1 Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests or approvals. 7.9.2 If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested, or approved, Contractor shall assume full responsibility therefor, pay all costs in connection therewith and furnish Engineer the required certificates of inspection, testing or approval. Contractor shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with Owner's or Engineer's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment suboit�ed for approval prior to Contractor's purchase thereof for incorporation n the a., Work. The cost of all other inspections, tests and approvals required by tht Contract Documents shall be paid by owner (unless otherwise specified). +,r 7.9.3 All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed by organizations selected by or acceptable to Owner or Engineer. - 21 - El 3526a r 4/81 4M 7.9.4 If any Work that is to be inspected, tested or approved is zovered without written concurrence of Engineer, it must, if requested by Enki.neer, be uncovered for observation. Such uncovering shall be at ' Contractor's expense unless Contractor has given Engineer timely notice of Contractor's i.ntentiou to cover such Work and Engineer has not acted with ++► reasonable promptness in response to such notice. 7.9.5 Neither observations by Engineer nor inspections, tests or e� approvals by others shall relieve Contractor from his obligations to perform the Work in accordance with the Contract Documents. 7.10 UNCOVERING WORK an If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced+ at Contractor's expense. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Engineer may required, that portion of the Work in question, furnishing all necessary labor, m-terial and equipment. If it is found that such Work is defective, Contractor shall bear all the expenses of such uncovering, exposure., observation, inspe^tion � and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such Work iF not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, , exposure, observation, inspection, testing and reconstruction if he makes a claim therefor as provided herein. .., 7.11 OWNER MAY STOP THE WORK If the Work is defective, or Contractor fails to supply sufficient skilled ,.. workmen or suitable materials or equipment, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor or any other party. 7.12 CORRECTION OR REMOVAL OF DEFECTIVE WORK If required by Engineer, Contractor shall promptly, without cost to Owner and as specified by Engineer, either correct any, defective Work, whether or not 04 fabricated, installer or completed, or, if the Work has been rejected by Engineer, remove it from the site and replace it with nondefective Work. 04 7.13 ONE YEAR CORRECTION PEkIOD r If within one year after the date of Substantial Completion or such longer 4 period of time as may be prescribed by law or by the terms of any applicable r special guarantee required by the Contract Documents or by env specific pro- 44 - 22 - 3i26a yi ire 1 r, ON vision of the Contract Documents, any Work is found to be defective, Con- tractor shall promptly, without cost to Owner and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site and replace it with nondefective Work. If Contractor doe9 not promptly comply with the terms of such instructions, or in an emergency where delay would cause serioss risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. 7.14 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, also Engineer) prefers to accept it, Owner may do so. In such case, if acceptance occurs prior to Engineer's recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by Contractor to Owner. 7.15 OWNER MAY CORRECT DEFECTIVE WCRK If Contractor fails within a reasonable time after written notice of Engineer to proceed to correct and correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 7.12, or if Contractor fails to perform the Work in accordance with the Contract Documents (including any requirements of the progress schedule), Owner may, after seven days' written notice to Contractor, correct and remedy any such deficiency. In exercising his rights under this paragraph, Owner shall proceed expeditiously. To ,.he extent necessary to complete corrective and remedial action. Owner may exclude Contractor from all or part of the site, take possession of all or part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees such access to the site as MAY be necessary to enable Owner to exercise his rights under this paragraph. All ,!irect and indirect costs of Owner in exercising such rights shall be charged against Contractor in an amount verified by Engineer, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights hereunder. 23 - 3526a 4l81 SECTION 8 INSURANCE, LEGAL RESPONSIBILITY PUBLIC SAFETY AND MISCELLANEOUS 8.1 INSURANCE 8.1.1 General: The Contractor shall not commence work under this contract until he has obtained all insurance required under ti,is Section and shall have filed tho certificate of insurance or the certified ropy of the insurance policy with the Owner and Engineer. The Contractor shall not allow any Subcontractor to commence work on his subcontract until all insurance required for the Subcontractor has been obtained. Each insurance policy shall contain a clause providing that it shall not be cancelled by the insurance company without ten (10) days written notice to the Owner and Engineer of intent to cancel. Certificates of insurance shall be submitted on Standard Form C.I.C.C.-701 or ACORD 25 forms and shall specifically note the clause providing for 10 day written notice to the Owner. and Engineer of intent to cancel. 8.1.2 Workmen's Compensation S Employer Liability Insurance: The Contractor shall secure and maintain during the life of this Contract, Workman's Compensation and Employer's Liability Insurance as required by law for all his employees to be engaged directly or indirectly in the work on the project under this Contract. In case any work is sublet, the Contractor shall require the Subcontractor to similarly provide Workmen's Compensation and Employer's Liability Insurance for all the latter's employees to be engaged directly or indirectly in such work. The Contractor shall also maintain insurance required under any other Employee Benefit Acts in force or required by law at the site of construction. 8.1.3 Contracto- Comprehensive General 6 Automobile Liability: The Contractor shall procure and maintain during the life of this Contract, Contractor's Comprehensive General and Automobile Liability Insurance which shall protect him from claims fo; damages for personal injury, including accidental depth, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them. The insurance shall be in amounts listed below and shall provide coverage under the following hazards: 1. 2. 3. 4. 5. 6. 7. Operations of Contractor Operations of Subcontractor (Contingent) Products, including completed operations. This insurance is to be carried for a period of one year after completion or acceptance of the work. Contractural Liability (See Section 8.1.5) Property Damage Broad Form Property Damage All Owned, Non Ow►iei and Hired Vehicles .. a aA PM A" —s ►n4 aw w ?52ha 4/81 - 24 - ■W Minimum Limits - General Liability '. Bodily injury 2. Property damage Minimum Limits - Automobile Liability 1. Bodily injury 2. Property damage $500,000.00 each occurrence $500,000.00 completed operations $100,000.00 each occurrence $200,000.00 aggregate $250,000.00 each person $500,000.00 each occurrence $100,000.00 each occurrence $200,000.00 aggregate it is required that basic exclusions For damage caused by explosion, collapse and damage to underground fscil:tics, commcnly known as X, C, U exclusions, be removed from the policies and so indica`ed as covered in the declarat=.on and on certi.'.icates of insurance. This provision of the Conditions of the Contract will be waived on above ground projects where hazards of explosion and/or :ullapse do not exist. The ex lusion of explosion will be waived on underground projects where bleating is not required and where the hazards of explosion do not exist. In addition to all of the listed coverages, the Contracto: shall procure and maintain an Umbrella Excess Liability Policy in a minimum limit of $1,000,001.00. 8.1.4 Builder's Risk Insurance: Before commencement of the Work, the Contractor shall provide Builder's Risk Insurance on a multiple peril icrm in the full amount of the total construction and material contract. Such insurance shall contain an appropriate rider tc include as Additional Named Insureds, the Owner, the Engineer and his consultants, and each of their officers, employees and agents, all subcontractors, the equipment contractors and all of their subcontractors on the construction premises. Such insurance may have a deductible clause but the deductible amount shall be borne by the Contractor and shall not exceed $1,000.00. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and building only. The requirements of this section shall be waived on projects involving only underground utilities, grading, street improvements and similar construction work, but any damage or lose to property shall be the sole responsibility of the Contractor until final acceptance of the Work. If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to substantial completion thereof, such occupancy shall not e-... coassence prior to a time mutually agreed to by the Owner and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. This „r insurance shall not he cancelled or lapsed on account of such par` ' 100 35;ha . 4/Al occupancy. Consent of the Contra- and of the insurance company or companies to such occupancy or use i not be unreasonably withheld. The Owner and Contractor waive all eights against Each other and the Subcontractors and their agents and employees and against the Engineer and separate contractors (if any) and their subcontractors' agents and employees, for damages caused by fire or ocher perils to the extent covered by insurance provided under this section or any other property insurance applicable to the work. 8.1.5 Contractural Liability Insurance: To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees fr,-)m and against all claims, damages, losses and expenses, including but nit limited to attorneys' fees arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expe,7se (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in pa-t by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of ~_hem or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. 8.1.6 Minimum Insurance Requirements: Losses other than those covered by insurance shall be the sole responsibility of the Contractors. The insurance requirements as set forth herein shall be considered to be minimum requirements only. Any other insurance t%at may be necessary to provide adequate coverage must be provided by the Contractors and stiall be their sole responsibility. 8.2 PATENTS, FEES AND ROYALTIES Contractor shall pay all license fees and royalties dent to the use in the performance of the Work process, product or device which is the subject of held by ethers. If a particular invention, design, is specified in the Contract Documents for use in and assume all costs inci- of any invention, design, patent rights or copyrights process, product or device the performance of the Work - 26 - 3526a 4!81 and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existencf of such rights shall be disclosed by Owner in the Contract Documents. Co,:itractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against all claims, damaggs, losses and expenses (including attorneys' fees) arising out of any infringement of patent righ::s or copyrights incident to the use in the performance of t;,e Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any a 3ed infringement of such rights. 8.3 PERMITS AND LICENSES All permits and licenses necessary for the prosecution of the Work shall be secured by the Contractor prior to the commencement of the Work. Contractor shall also pay all public utility charges, governmental charges and inspection fees. 8.4 LAWS, REGULATIONS AND SAFETY 8.4.1 Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If Contract-)r observes that the Specifications or Drawings are at variance therewith, he shall give Engineer prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Change Order or other Modification. If Contractor performs any Work knowing or being in a position to know it to be contrary to such laws, ordinances, rules and regulations, and without such notice to Engineer, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Specifications and Drawings are in accordance with such laws, ordinances, rules and regulations. 8.4.2 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. He shall take all necessary precautions fur the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (a) all employees on the Work and other persons who may be affected thereby; (b) all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and (e) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. - 27 - 3426s 4/81 8.4.3 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for ^ the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for its safety and protec- tion. He shall notify owners of adjacent utilities when prosecution of the Work may affect them. All damage, injury or loss to any property referred to in Section 8.4.2(b) and (c) caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor or any directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the b fety and protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor that Work is acceptable. 8.4.4 Contractor shall designate a responsible member of his organisation at the site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 8.4.5 Contractor agrees to indemnify the Owner and Engineer and their agents and employees against all claims, demands, losses, damages and ^ expenses (including attorneys' fees) arising out of or resulting from the contractor's violation of any safety law, regulation or code (including without limitation OSHA) or any other prudent precaution. 8.5 WARNING SIGNS AND BARRICADES The Contractor shall provide adequate signs, barricades, colored lights and/or watchmen and take all necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions shall be protected at night by colored signal lights which shall be kept in operation from sunset to sunrise. 8.6 PUBLIC CONVENIENCE The Contractor shall at all times so conduct hin work as to insure the least possible obstruction to traffic and inconvenience to the general public end the residents in the vicinity of the Work, and to insure the protection of persons and property. No road or street shall be closed to the public except with the permission of the Owner and proper governmental authority. Fire hydrants on or adjacent to the Work shall be kept accessible to fire -fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the use of sidewalks and the proper functioning of all gutters, ~' sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed. 8.7 CROSSING UTILITIES, ETC. Where the prosecution of the Work results in the crossing of highways, rail- ar roads, streets or utilities under the jurisdiction of state, county, city or r - 28 - 3526a 4/81 ION No t1# other public or private entities, the Contractor shall secure written permis- sion from the proper ai:thority to cross said highway, railroad, street or utility before further prosecuting the Work. A copy of the written document granting permission shall be filed with the Owner and Engineer before any Work is done. The Contractor shall be required to obtain a written release from the applicable authority upon completion of the Work. A copy of this written release shall be filed with the Owner and Engineer before final acceptance of the Work is granted. 8.8 SANITARY PROVISIONS The Contractor shall provide and maintain such sanitary facilities for the use of his employees and those of its Subcontractors as may be necessary to comply with the laws, rules or regulations of the Federal, Sc_ate and local governments, or agencies or departments thereof. 3.9 PRESERVATION OF HISTORICAL OBJECTi 8.9.1 Where historical objects of potential archeological or paleontological nAture are disccvered within the areas on which the Contractor's operations are in progress, the -Contractor shall restrict or suspend his operations n the immediate area of the discovery as may be necessary to preserve :he discovered objects until the Owner has made arrangments for their di3positio n or has recorded the desired data relative thereto. 8.9.2 The Contractor shall immediately notify the Owner of any hist objects he may discover or be,�ome aware of as the Work is prosecuted, and shall aid in the preservation and salvage program dec.lcd upon, as may be requested or orcered by the Owner. No Work which the Contractor considers to be Extra Work shall be performed without the written authorization of the Owner. 8.9.3 The Owner shall have the right to restrict or suspend the Contractor's operations in the immediate area where historical objects are discovered for a period not to exceed 72 hours, without claim being made by the Contractor for any damages he might suffer as a result thereof. Any restrictions imposed shall not remain in effect for a period exceeding 72 hours unless mut,,ally agreed to in writing. 8.10 USE OF PREMISES Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workmen to areas permitted by law, ordinances, permits or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. W - 29 - 3526a 4181 7 SECTION 9 PROGRESS AND COMPLETION OF WORK 9.1 NOTICE TO PROCEED The date of commencement of the Work is the date set forth in the Notice to Proceed. If there is no Notice to Proceed, commencement shall be the date of the Contract or such other date as may be established therein. Thereupon, the Contractor shall begin and shall prosecute the Work regularly and without in- terruption, unless otherwise directed in writing by the Owner, with such man- power and equipment as is necessary to complete the Work within the time A stated in the Contract Documents. 9.2 CONTRACT TIME �r The Contractor shall completc, in an acceptable manner, all of the Work con- tracted for in the time stated in the Contract Documents, subject only to ex- tension for unforeseeable delays above -.nd beyond the control of the Contrac- tor and his Subcontractors and wit, , their fault or negligence. Notice of the Contractor claim for slich extension shall be given within 15 days of the occurrence of the event giving rise to the claim; otherwise the claim shall be waived, r. 9.3 SCHEDULE OF COMPLETION The Contractor shall submit, ac such time as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the Work and estimated dates of completion of the several parts. 9.4 USE OF COMPLETED PORTIONS �4 The. Owner shall have the right to take possession of and use any completed fir + partial.y completed portions of the Work, notwithstanding that the time for completing the entire Work or such portions may not have expired. The OwnG.r will sf:ek to minimize the delay to the Contractor occasioned by the Owner'3 occupancy before Acceptance. 9.5 COMPUTATION OF TIME 04 f When any period of time is referred to in the Contract Documents by days, it awo shall be computed to exclu he first and include the last dzy of such peri- od, If the last day of c zch period falls on a Saturday o� Sunday cr on a + day made a legal holiday i. the law of the ,appli:able jurisdi.-tion, su..h day shill be omitted from the computation. ar al R � r - 30 - 1595a 4/91 rr Aft 9.6 LIQUIDATED DAMAGES 9.6.1 Time is the essence of the contract. The Contractor thereby agrees that the Owner will be entitled to damages for failure on the part of the contractor to complete the Work within the time: limits provided for in the Contract Documents. 9.6.2 Should the Contractor fail to complete the project on or be- fore the specified date, liquidated damages in the amount specified in the Special Provisions shall be deducted from any monies due or coming due to the Contractor or shall be paid to the Owner not as a penalty but as liquidated damages for each and every calendar day that the contract rihall remain uncompleted after the specified date for completion. Liquidated damages are specified herein because of the extreme difficulty of ascertaining and establishing the actual. damages which the Owner would sustain. SECTION 10 MEASUREMENT AND PAYMENT 10.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT Except in cases where unit prices form the basis for payment unde-: the Con- tract Documents, the Contractor shall, within zen (10) da�,s of receipt of the Contract Documents, submit an itemized breakdown of the Contrast Amount having the value, in�:ludi.ng an allowance for profit and overhead, assi-,ned to each part of the Fork. Unless the breakdown of the Contract Amount is objected to by the Owner, it shall be used as the basis for all Requests f,r Payment. 10.2 RE UFST FOR PAYMENT The Contractor may submit periodically, but not more than on--e each month, a Request f..)r Payment for• Work done and materials delivered a,.d stored on the site. Payment for materials stored on the site will be --oriitioned on the following: (a) The Contractor shell submit evidence to estab ish the Owner's title+ to such materials. (b) Acceptable provisions have been made- for st,cage. '%c) The Contractor shall provide and me.intain itsurance against all loss, theft, vandalism, damage and similar peril for the full value of the stored material. 'The insurarce on th., stored material sha?1 name the Owner as insured. - 31 - 3595a 4/81 Each Request for Payment shall be itemized and computed from the Work comple- ted on all items listed on the Detailed Breakdow*. of Contract Amount. Where unit prices are specified, the Request for ?ayment shall be based on the quan- tities completed. The Owner shall pay to the Contractor an amount not to ex- ceed 95% of the amount earned under the Contract subject to the approval out- lined in Section 10.3 and the provi.sions of Section 10.4 and 10.5. However, when the Work required under the contract is 95% or more completed, upon rec- ommendation of the Engineer, such portions of the retained money shall be re- leased as the Owner determines are not required to be retained to protect the Owner's interest in satisfactory completion of the Contract. 10.3 ENGINEER'S ACTION ON A REQUEST FOR PAYMENT Within twenty (20) days of submission of any Request for Payment by the Con- tractor, the Engineer shall: (a) Approve the Request for Payment as submitted and forward it to the Owner. (b) Approve such other amount as he shall consider is due the Contractor, informing the Contractor in writing of his reasons for approving the modified amount. Withhold the Request for Payment, informing the Contractor in writing of his reasons for withholding it. 10.4 OWNER'S ACTION ON AN APPROVED RE VEST FOR PAYMF,NT - Q-- --^ Within thirty (30) days from the date of approval of a Request for Pay- ment by the Engineer, the Owner shall: (a) Pay the Request for Payment as approved by the Engineer. (b) Pay such other amount in accordance with Section 10.5 as he shall decide is due the Contractor, informing the Contractor and the Engineer in writing of his reasons for paying the modified amount. (c) Withholding payment in accordance with Section 10.5 informing the Contractor and the Engineer in writing of his reasons for with- holding payment. 10.5 OWNER'S RIG!1T TO WITHHOLD PAYMENT 10.5.1 The Owner may withhold payment in whole or in part to the extent nec- essary to protect himself from loss on account of any of the following causes: (a) Violation of any of the terms of the Contract Documents. (b) Defective work not remedied, or completed work which has been damaged. - i7 - 3595a 4/81 Ift (c) Reasonable evidence indicating potential filing of claims by other parties against the Contractor or Owner. (d) Failure of the Contractor to make payments to Subcontractors, materialmen or suppliers. (e) Damage to the Owner or any other person. (f) Contractor's unsatisfactory prosecution of the work. 10.5.2 When any of the above grounds for which payment is being withheld is removed, payment shall be made for the amount withheld. 10.5.3 INTEREST ON UNPAID REQUESTS FOR PAYMENT: Should the Owner fail to pay an approved Request for Payment within 30 days from the date of approval by the Engineer and should he fail to inform the Engineer and Contractor in writing of his reasons for withholding payment, the Owner shall pay to the Contractor simple interest on the past due amount at an annual rate equal to the monthly index of long term United States bond yields for the month prior to the month in which the obligation is inctrtred plus an additional one per- cent per annum. �_J 10.6 CONTRACTOR'S WARRANTY OF TITLE ,.r Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the `-' Project or not, will pass to Owner at the time of payment free And clear of all liens, claims, security interests and encumbrances (hereafter in these ~' General Conditions referred to as "Liens"). 10.7 SUBSTANTIAL COMPLETION When Contractor considers the entire Work ready for its intended use Contrac- tor shall, in writing to Owner and Engineer, certify that the entire Work is substantially complete and request that Engineer issue a certificate of Sub- stantial Completion. Within a rea able time thereafter, Owner, Contractor L= and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor ir. writing giving his reasons therefor. If y.+ Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substartial Completion. There shall be attached to the cer- tificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certifi- cate during which he may make written objection to Engineer as to any pro- visions or the certificate of attached list. If, after considering such ob- %W jections, Engineer concludes that the Work is not substantially complete, Engineer will within fourteen days after submission of the tentative rR certificate to Owner notify Contractor in writing, stating his reasons r - 33 - }t 3595a 4/81 • therefor. If, after consideration of Owner's objections, Engineer considers a% the Work substantially complete, Engineer will within said fourteen days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as he be- lieves justified after consideration of any objections from Owner. At the { time of delivery of the tentative certificate of Substantial Completion Engi- neer will deliver to Owner and Contractor a written recommendation as to di- n vision of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, heat, utilities and insurance. Unless Owner and Contractor agree otherwise in writing and sr in- form Engineer prior to his issuing the definitive certificate of Substai.,ial Completion Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. Owner shall have the right to exclude Con- tractor from the Work after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative list. *Mw 10.8 PARTIAL UTILIZATION Use by Owner of completed portions of the work may be accomplished prior to Substantial Completion of all the Work subject to the following: 10.8.1 Owner at any time may request Contractor in writing to permit Owner to use any part of the Work which Owner believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If Contractor agrees, Contractor will certify to Owner and Engineer that said part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that r„, t part of the Work. Within a reasonable time thereafter Owner, Contractor and �•+ Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writ- ing giving his reasons therefor. If Engineer considers that part of the Work to be substantially complete, Engineer will execute and deliver to Owner and Contractor a certificate to that effect, fixing the date of Substantial Com- pletion as to that part of the Work, attaching thereto a tentative list of items to be completed or corrected before final payment. Prior to issuing a certificate of Substantial Completion as to part of the Work Engineer will de- liver to Owner and Contractor a written recommendation as to the division of responsibilities pending final payment between Owner and Contractor with re- spect to security, operation, safety, maintenance, utilities and insurance for that part of the Work which shall become binding upon Owner and Contractor at the time of issuing the definitive certificate of Substantial Completion as to saw that part of the Work unless Owner and Contractor shall have otherwise agreed in writing and so informed Engineer. Owner shall have the right to exclude r Contractor from any part of the Work which Engineer has so certified to be substantially complete, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative list. Ad - 34 - 3595a 4/81 J r 0% 10.8.2 In lieu of the issuance of a certificate of Substantial completion as .-. to part of the Work, Owner may take over operation of a facility constituting part of the Work whether or not it is substantially complete if such facility is functionally and separately usable; provided that prior to any such take- over, Owner and Contractor have agreed as to the division of responsibilities between Owner and Contractor for security, operation, safety, maintenance, correction period, heat, utilities and insurance with respect of such facility. M 10.8.3 No occupancy of part of the Work or taking over of operations of a fa- cility will be accomplished prior to compliance with the requirements of Sec- tion 8.1 in respect of property insurance. 10.9 FINAL INSPECTION Upon written notice from Contractor that the Work is complete, Engineer will make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 10.10 FINAL APPLICATION FOR PAYMENT n After Contractor has completed all such corrections to the satisfaction of En- gineer and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked -up record documents and other documents -- all as required by the Contract Documents, and after Engi- neer has indicated that the Work is acceptable (subject to the provisions of Section 10.12), Contractor may make application for final payment following the procedure for progress payments. The final Application 'or Payment shall be accompanied by all documentation called for in the Contract Documents and such other data and schedules as Engineer may reasonably require, together with complete and legally effecti•.e releases or waivers (satisfactory to Own- er) of all Liens arising out of or filed in connection with the Work. In lieu �. thereof and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases aad receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness con- nected with the Work for which Owner or his property might in any way be re- sponsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subeuntractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full ;on - tractor may furnish a Bond or other collateral satisfactory to Owner t indem- nify Owner agains`. any Lien. 10.11 FINAL PAYMENT AND ACCEPTANCE ri �+ If, on the basis of Engineer's observation of the Work during construction and final inspectior, and Engineer's review of the final Application for Payment and accompanying documentation -- all as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor has ful- 3� 3595a 4/81 ... filled all of his obligations under the Contract Documents, Engineer will, ask within ten days after receipt of the final Application for Payment, indicate in writing his recommendation of payment and present the application to Owner for payment. Thereupon Engineer will give written notice to Owner and Con- tractor that the Work is acceptable subject to the provisions of Section 10.12. Otherwise, Engineer will return the Application to Contractor, indi- cating in writing the reasons for refusing, to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the +�• Application. If the Application and accompanying documentation are appropri- ate as to form and substance, Owner shall, within thirty days after receipt thereof pay Contractor the amount recommended by Engineer. If, through no fault of Contractor, final completion of the Work is significantly delayed thereof and if Engineer so confirms, Owner shall, upon receipt o': Contractor's final Application for Payment and recommendation of Engineer, ano without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required ,.., herein, the written consent of the Surety to the payment of the balance due for that portion of ttie Vork fully completed and accepted shall be submitted by Contractor to engineer with the Application, for such payment. Such payment shall be made under the terms and conditions go%erning final payment, except that it shall not constitute a waiver of claims. 10.12 CONTRACTOR'S CONTINUING OBLIGATION Contractor's obligation to perform and complete the Work in accordance with the C nLLact Documents shall be absolute. Neither recommendation of any prog- ress or final payment by Engineer, nor the issuance of a certificate of Sub- stantial Completion, nor any payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner nor any failure to do so, nor the issuance of a notice of acceptability by Engineer pursuant to Sections 10.10 or 10.11, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contrac- tor's obligation to perform the Work in accordance with the Contract Documents. 10.13 WAIVER OF CLAIMS The makinC .nd acceptance of final payment shall constitute: 10.13.1 4 waiver of all claims by Owner against Contractor, except claims } arising 'rom unsettled Liens, from defective work appearing after final in- spection prusuant to Section 10.9 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it shall not constitute a waiver by Owner of any rights in respect to Contrac- tor's continuing obligations tinder the Contract Documents; and 10.13.2 A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. r - 36 - 3S9Sa 4/81 r IN r SECTION 11 CHANGES IN THE WORK 11.1 CHANGE ORDERS Without invalidating the Agreement, Owner may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be au- thorized by Change Orders. Upon receipt of a Change Order, Contractor shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract time, an equitable adjustment will be made as provided in Section 11 or Section 12 on the basis of a claim made by either party. 11.2 MINOR CHANGES Engineer may authorize minor charges in the Work not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and shall be binding on Owner, and also on Contractor who shall perform the change jromptly. If Contractor believes that a Field Order justi- fies an increase in the Contract Price or Contract Time, Contractor may make a claim therefor as provided in this Section 11. 11.3 UNAUTHORIZED WORK Additional Work performed without authorization of a Change Order will not en- title Contractor to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency. 11.4 ENGINEER RECOMMENDATIONS Owner shall execute appropriate Change Orders prepared by Engineer covering changes in the Work which are required by Owner, or required because of un- foreseen physical conditions or emergenci-s, or because of uncovering Work found not to be defective, or because of any other claim of Contractor for a change in the Contract Time or the Contract Price which is recommended by En- gineer. 11.5 NOTICE OF CHANGE TO SURETY If notice of any change affecting the general scope of the Work or change in the Contrac Price is required by the provisions of any Bond to he given to the Suretv, it will be Contra�to.'a responsibility to so notify the Surety, and the amount of each applicable 'fond shall be adjusted accordingly. Con- tractor shall furnish proof of sucn adjustment to Owner. 3595a - 37 4/R1 OWL 11.6 CONCEALED CONDITIONS Should concealed conditions encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an exON - isting structure be at variance with the conditions indicated by the Contract Documents, or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, the Contract Sum shall be equitably adjusted by Change Order upon claim by either party made within ten (10) days after the .• first observance of the conditions. 11.7 CLAIMS FOR ADDITIONAL. COSTS If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Engineer written notice thereof within ten (1.0) days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall pro- ceed in accordance with Paragraph 11.8. No such claim shall be valid unless so made. If the Owner and the Contractor cannot agree on the amount of the adjustment in the Contract Sum, it shall be referred to the Engineer in accor- dance with Paragraph 5.8. Any change in the Contract Sum resulting from such w:. claim shall be authorized by Change Order. If the Cont-actor claims that additional cost is involved because of but not limited to (1) any written interpretation of the engineer, (2) any order by the Owner to stop the Work where the Contractor was not at fault, (3) any written order for a minor change in the Work or (4) failure of payment by the Owner, Contractor shall make such claim as provided in Subparagraph 11.7. 11.8 WORK DURING AN EMERGENCY 11.8.1 In any emergency affecting the safety of persons or property, the Con- tractor shall act to prevent threatened damage, injury or loss. In all cases he shall, as soon as practicable, notify the Owner of the emergency and he shall not wait for the instructions before proceeding to protect both life and property. 11.8.2 Any additional compensation or extension of time claimed by the Con- tractor on account of said emergency work shall be determined under Paragraph 11.7. 00 M - 38 - 3595a 4/81 %0 as cFr TTnN 17 CHANGF `V CONTRACT PRIC, CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authe-ized adjustments) payable to Contractor for performing the Work. All duties, re- sponsibilities and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Contract Price. 12.2 CHANGE IN CONTRACT PRICE Except where unit prices form the basis for payment under the Contract Docu- ments, the Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall he based on written notice de- liv-!red to Owne- and Engineer within fifteen days of the occurrence of the event giving ri 2 to the claim. Notice of the amount of the claim with sup- porting data shalt. be delivered within forty-five days of such occurrence un- less Engineer allows an additional period of tit_ to ascertain accurate cost data. All claims for adjustment in the Contract Price shall be determined by Engineer if Owner and Contractor cannot otherwise agree on the amount in- volved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. 12.3 BASIS OF CHANGE The cost or credit to the Owner resulting from a change in the work shall be determined and mutually agreed upon in advance of performance of the change in work in one or more of the following ways: 12.3.1 By mutual acceptance of a lump sum properly itemized, r"1 12.3.2 By unit prices stated in the Contract Documents or subsequently agreed upon (unit prices shall include an allowance for Contractor's main office ex- pense, overhead, profit and bond), or t� 12.3.3 By actual cost of thv changed work, plus an allowance for overhead, supervision and profit, as defined as follows: M. 1. The "cost of the charged work" shall mean costs necessarily in- curred in the proper performance of the changed work and paid by Con- tractor at rates not higher than the standard paid in the locality of the work (except with prior cinsent of the Owner as more specificrlly defined as follows: a. The co t;te changed work shall includt: 140 04 3595a - 19 - 0 4/91 .•. (1) Wages paid for labor Jn the direct employ of Con- tractor in the performance of the changed work in the field or in the fabrication shop under applicable col- lective bargaining agreements or under a salary or wage schedule agreed upon by Contractor and Owner, plus a payroll markup of 20 percent to cover all overheLd items ' applicable to payroll, such as insurance, taxes, F.I.C.A., workmen's compensation, unemployment taxes, and union benefits. (2) Cost of all materials, supplies and equipment in- �+ corporated in the changed work. (3) Cost, including maintenance of all materials, sup- plies, equipment, tempor.ery facilities and hand tools owned by workmen, which are consumed in the performance of the changed work, and cost less salvage value on such items used but not consumed which remain the property of ^ the Contractor. (4) Third party rental charges of all necessary ma- «. chinery and equipment, exclusive of hand tools, used in performing the changed work, including installation, minor repairs and replacements, dismantling, removal, VW transportation and delivery costs thereof at rental charges consistent with those prevailing in the area. *� (5) Cost of additional premiums for all bonds and in- surance which the Contractor is required by the owner or ... contract documents to purchase and maintain and which is incurred as a result of performing the changed w-rk. (b) Sales, use or similar taxes, related to the changed work and for which the Contractor is liable, imposed by any governmental authority. V4 (7) Permit fees, royalties, damages for infri.gment of patents and costs of defending suits therefore, and de- posits lost for causes other than the Contractor's neg- ligence. (8) Losses and expenses, not compensated by insurance 64 or otherwise sustained by the Contractor in connection fto with the changed work provided they have resulted from causes other than the sole or joint fault or neglect of the Contractor, any subcontractor, anyone directly ar indirectly employed by any of them, or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval v J -40- 3595a 4/81 of the Owner. No such losses and expenses shall he in- cluded in the cost of the changed work for the purpose of determining the Contractor's fees thereon. If, how- ever, such loss requires reconstruction and the Contrac- tor is placed in charge thereof, he shall be paid for his services an additional fee computed in proportion to the sum stated above for the original changed work. (9) Cost of "drayage," exclusive of any drayage between shop and jobsite, only when Contractor must hire an in- dependent trucking firm and driver to perform special drayage services in performance of the changed work for which Contractor's skills, manpower and vehicles are in- adequate. "Drayage" does not include transportation performed or which could have been performed by Contrac- tor's drivers or vehicles but for their use on another project. (10) Costs incurred due to an emergency arising out of the changed work affecting the safety of persons and property. (11) Other costs incurred in the performance of the changed work if and to the extent approved in advance in writing by the Owner. (12) Cost of subcontractors in performing he Contrac- tor's work as changed under this paragrap'. 2.3.3, com- puted in accordance with clauses 12.3.1, .2, or .3. b. The cost of the changed work shall exclude: (1) Salaries or other —impensation for Contractor's officers, executi,,e, b,.ieral managers, project managers, estimators, engineers, timekeepers, surveyors, mechan- ica, warehousemen, auditors, accountants, purchasing aad contracting agents, draftsmen (except sheetmetal drafts- men). stenographers, receptionists, and other staff em- ployees, whether or not employed at Contractor's princi- pal office, branch office or field office at the job site. (2) Expenses of Contractor's principal office, branch office or job site field office, including without lim- itation the expense for pick-up trucks, office trailers, storage trailers, rental of office or storage space, v telephone, heat, lights, etc. v - 41 - t .t 3595a to 4/81 A (3) Ownership cost of maintenance expenses for Contrac- tor -owned equipment, including without limitation all construction equipment, trucks and vehicles, machines and all other owned equipment required for Contractor's r. performance of the Work. (4) Cost for purchase and maintenance of tools, materi- als, supplies and facilities not consumed during con- struction or incorporated in the work. W Contractor's capital expense, including interest on Contractor's capital employed for the work. (6) Overhead or general expenses of any kind, including but not limited to office or fabrication shop overhead or drafting and printing costs, except as may be ex- pressly included in clause 11.3.3.1a above. (7) Costs due to the negligence of Contractor, any sub- contractor, anyone directly or indirectly employed by any of them, or for whose acts any of them may be li- able, including but not limited to injury or damage to persons or property; the correction of defective work, disposal of materials and equipment wrongly supplied, or making good any damage to property. (8) The cost of any item not specifically and expressly Y included in the terms described in clause 12.3.3.1a ., above. 2. Allowances for profit, overhead and nonreimbursable costs shall be computed as follows: -1 0.s A. For the Contractor (1) A minimum of 5% up to a maximum of 15% (the actual rate dependent of the Contractor's performance and as- jumed risks as determined in the sole discretion of the Owner) of all reimbursable coats defined in clauses 12.3.3.la(1) through (11) above, and k�+ (2) A minimum of 3% up to a maximum of 72 (as deter- mined in the sole discretion of the Owner) for the work of subcontractors supervised by the Contractor as com- puted in accordance with clauses 12.3.1, .2 or .3. (3) For first, second, third and fourth tier subcon- tractors claic-ing compensation for changed work under clause 12.3.3.1(a) (12), their allowances shall be de- termined at the sole reasonable discretion of the owner consistent with percentages in subclauses (1) and (2) directly above. ,2 - 3595a 4/81 3. The Owner shall have the right to examine, inspect, copy and audit the books and records of any contractor or subcontractor making claim for reimbursement for costs and allowances hereunder in order to verify the accuracy, correctness, completeness and properiety of all costs and allowances claimed. 12.4 Work Performed by Subcontractors. 12.4.1 The Contractor's fees for work performed by subcontractors shall be a minimum of 5% up to a maximum of 10% (as determined in the sole discretion of the Owner, for such work where the work performed by subcontractors is super- vised by the Contractor) as compensation for all other costs and expenses in- cluding administrative overhead, profit and supervision. No fee ,fill be al- lowed on subcontractor work not supervised by the Contractor. 12.4.2 The fee of first, second, third and fourth tier subcontractors for work performed for them by lower tier :ontractors shall be determined by the Owner within the percentage range set forth in clause 12.4.1 above. SECTION 13 SUSPENSION OF WORK AND TERMINATION 13.1 OWNER MAY SUSPEND WORK Owner may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to Con- tractor and Engineer which shall fix the date on which Work shall be resumed. Contractor shall resume the Work on the date so fixed. Contractor will be al- lowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefor as provided in Sections 12 and 13. 13.2 OWNER MAY TERMINATE Upon the occurrence of any one or more of the following events: 13.2.1 If Contractor is adjudged a bankrupt or insolvent, 13.2.2 If Contractor makes a general assignment for the benefit of creditors, 13.2.3 If a trustee or receiver is appointed for Contractor or for any of Contractor's property, 13.2.4 If Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, - 43 - 3.)95a 4i81 13.2.5 If Contractor repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, x 13.2.6 If Contractor repeatedly fails to make prompt payments to Subcontrac- tors or for labor, materials or equipment, P'" 13.2.7 If Contractor disregards laws, ordinances, rules, regulations or , orders of any public body having jurisdiction, •-. 13.2.8 If Contractor disregards the authority of Engineer, or 13.2.9 If Contractor otherwise violates in any substantial way any provisions of the Contract Documents, Owner may after giving Contractor and his Surety seven days' written notice, terminate the services on Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor's tools, appliances, con- struction equipment and machinery at the site and use the same to the full ex- tent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Con- tractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. ' Such costs incurred by Owner shall be verified by Engineer and incorporated in a Change Order, but in finishing the Work, Owner shall not be required to ob- tain the lowest figure for the Work performed. 13.3 Where Contractor's services have been so terminated by Owner, the ter- mination shall not affect any rights of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Con- tractor by Owner will not release Contractor from liability. 13.4 Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, Contractor shall be paid for all Work executed and any expense sustained plus reasonable ter- �s mination expenses. 13.5 If., after notice of termination for failure to fulfill contract obliga- fto ions, it is determined ,hat the Contractor has not defaulted, the termination shall be deemed to have been effected for the convenience of the Owner and the Contractor shall be paid in accordance with paragraph 13.6. 04 af 13.6 CONVENIENCE TERMINATION BY THE OWNER The Owner reserves the r ght to terminate the Work under this contract in r whole, or from time to t,me ;n part, and said termination for convenience - 44 - 3595a + 4/81 ,r so shall not be construed as a breach of the Contract. If the Contract is ter- minated for convenience, the Owner shall give the Contractor written notice specifying the extent the Work of the Contract that is being terminated and the effective date of said termination. Upon receipt of the notice of termi- nation, the Contractor shall stop work on the date and to the extent speci- fied. The Contractor shall place no further orders nor incur any further costs for the terminated parts of the Work. The Contractor shall further ter- minate all orders and subcontracts relating to the terminated part of the Work. The Owner shall pay the Contractor for the value of the Work terminated as completed to the termination date together with a reasonable profit on the completed Work, but no damages or costs or lost profits. Disposition of the completed parts of the terminated work, materials, equipment and other tang- ible property shall be made as agreed upon by the Owner and Contractor. The title to any property and materials retained by the Owner shall accrue to the Owner immediately upon payment by the Owner to the Contractor. 13.7 CONTRACTOR MAY STOP WORK OR TERMINATE If, through no act or fault of Contractor, the Work is suspended for a period of more than ninety days by Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within thirty days to pay Contractor any sum finally determined to be due, the Con- tractor may, upon seven days' written notice to Owner and Engineer, terminate the Agreement and recover from Owner payment for all Work executed and any ex- ptnse sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if Engineer has failed to act on an Application for Payment or Owner has failed to make any payment as aforesaid, Contractor may upon seven days' notice to Owner and Engineer stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve Contractor of his obligations to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with Owner. SF.C:TTnN IL GENERAL 14.1 LIMITATION OF LIABILITY In no event, either as a result of breach of contract, negligence, or other- wise, shall the Owner or Engineer or their agents or Employees be liable for damages or loss of profits, loss of use, loss of revenue, loss of bonding ca- pacitv or any other special, indirect or consequential damages of any kind. To tLe extent the Contract Documents allow any liability to be imposed, the total liability of the Owner and Engineer for any loss, claim, or damage aris- ing out of this agreement or the performance or breach thereof, shall be lim- ited to the value of the work performed. E___j art - 45 - { 3595a 4/81 I') 14.2 REMEDIES The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon .. Contractor herein and all of the rights and remedies available to Owner and Engineer thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph shall be as effective as if repeated specif- ically in the Contract Documents in connection with each particular duty, ob- ligation, right and remedy to which they apply. All representations, warran- ties and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Agreement. %.. 4b NSa i 4/81 ti PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that as Principal (hereinafter called Contractor) and, as Surety (hereinafter called Surety) are held and firmly bound unto as Obligee (hereinafter called Obligee) in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, admin- istrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , 19entered into a contract with the Obligee for construction of in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contrac- tor shall promptly and faithfully perform said Contract in conformance with the Contract Documents, and all guaranty, indemnity and warranty obligations specified therein, and shall promptly and faithfully remedy any breach of its obligations under the Contract Documents discovered within the time limits set by statute for commencement of actions, and shall pay any damages for unex- cused late completion, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration, changes or extension of time made by the Obligee. Whenever the Contractor shall be, and declared by the Obligee to be in de- fault under the Contract, the Surety may promptly remedy the default, or shall promptly: (1) Complete the Contract in accordance with its terms and conditions, or " if appropriate, W �t - 47 - 3595a 4/81 an rIN (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Surety, and make available as Work progresses (even though there shall be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion and other costs and damages for which the Surety may be liable hereunder, but not exceeding the amour set forth in the first paragraph here- of less the balance of the contract price. The term "balance of the contract price," as used in this paragraph shall mean the total amount payable by the Obligee to Contractor under the Contract and any amendments thereto, less the amount paid by the Obligee to Contractor, of if appropriate, (3) Promptly pay such sums to the Obligee as the Obligee may be entitled from the Contractor under the Contract Documents, or for the breach thereof, but not exceeding the amount set forth in the first paragraph hereof. The surety agrees to be bound by any award granted to the Obligee against the Contractor in arbitration or judicial proceedings commenced pursuant to the Contract Documents. No right of action shall accrue on this bond to or for the use of any per- son or corporation other than the Obligee named herein or the successors of the Obligee. Signed and sealed this day of , 19 Witness Contractor By Signature (Typed or Printed name of Signer) Title By Signature (Typed or Printed name of Signer Title 49 ' 3595a r 4/81 L1 .• N (If the contractor is a partnership or joint venture, all partners or co -ven- turers must execute this Bond.) Surety Address Phone No. Witness By Signature Typed or Printed Name of Signer Title Local Address 6 Telephone Number (The attorney -in -fact shall attach here- to a copy of his power of attorney or other document which authorizes him to act on behalf of and to bind the surety.) ur No 014 -- 49 _ 3595a Is 4/81 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY 'THESE PRESENTS: that as Principal, (hereinafter called Contractor) and, As Surety (her-aiaafter call .! Su: 0 are held and firmly bound unto—_-, ___ .,s Obligee thereinafter called Obligee) for the use and benefit of claimants as hereinbelow defined, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind them- selves, their heirs, executors, administrators, successors and assigns, joint- ly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a contract with Obligee for construction of fications prepared by in accordance with Drawings and Speci- which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contrac- tor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract and shall keep the Project free and clear of all liens as pro- vided in the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. Claimant is defined as one permitted by applicable law to file a Pub- lic Contractor's Bond claim for 1_1,or, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include without limitation that part of water, gas, power, light, heat, oil, gasoline, telephone service, rental of equipment, insurance premi- ums, taxes, and any items for which a claim or lien may be filed against the Obligee under the applicable law. 2. The above named Contractor and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been paid in full may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sums as may be justly due claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. - 50 - 3595a 4/81 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant shell have filed a public contractors bond claim in the form and within the time provided under applicable law, or W After expiration of time for enforcement of a public Contractors bond c.aim by legal action. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. 5. The Contractor and Surety shall keep the Prnjort free and clear of liens and shall promptly remove any and all liens filed against the Project by claimants. 6. The Obligee's right of action on this bond, or for the breach thereof, shall not be limited by the conditions set forth in paragraphs 1 through 3 above. Witness w.. em V Contractor By Ti ' By Signature Typed or Printed name of Signer Signature (Typed or Printed name of Signer Title (If the contractor is a ...: tnership or joint venture, all partners or co -ven- turers must execute this Bond.) 1 3595s r 4/81 %_0 LJ Surety Address Phone No. Witness By Signature —(7�ped or Printed Name of Signer Title Local Address b Telephone Number (The attorney -in -fact shall attach here- to a copy of his power of attorney or other document which authorizes him to act on behalf of and to bind the surety.) -52- 3s9s. 4/81 r-j No FORM OF AGREEMENT THIS AGREEMENT, made and signed this day of , 19 , by and between , hereinafter called the "Owner", and hereinafter called the "Contractor". THIS AGREEMENT WITNESSETH, the Owner and the Ccntractor, for the con- sideration he inafter stated, agree as follows: ARTICLE I. The Contractor hereby covenar— id agrees to perform and exe- cute all the provisions of the plans a specificr,cLons as prepared by Bonestroo, F.osene, Anderlik 3 Associates, Inc., of St. Paul, Minnesota, and indicated below under ARTICLE IV, as provided by the Caner for: and to do everything required by tiiis Agreement and the Contrac zuments. ARTICLE Ii. The Contractor agrees that the Work contemplated by this Con- tract shall be fully and satisfactorily completed on or before , 19 ARTIC E II1. The Owner agrees to nay and the Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the conformed copy of Proposal Form hereto attached, which prices shall conform to ~hose in 1,ne accepted Contractor's Proposal on file in the Office of the , the aggregate of which prices, based on the approximate schedule of quantities, is estimated to be $ ARTICLE IV. The Contract Documents shall c)nsist of the following compon- t parts: 1. The Proposal Form (conformed copy) 2. Conditions of the Contract (General, Supplementary_ and other Conditions) 1. Special Provisions (if any) Plans and Drawings which are attached to the Specifications or which are identified as Sheets 1 through for: 5. Specificatons (General and Specific Requirements) 6. Addenda No. through 7. Performance and Payment Bond A. 'this Agreement This Agreement, together with the documents hereinabove mertioned, form the Contract and all documents are as fully a part of the Contract as if at- tached heretn or herein repeated. - 53 - 3979a go IN WITNESS WHEREOF, the parties ti this Agreement have hereunto set their hands and seals as of the day and year first above written. Attest: The (Seal) by MAYOR By In the presence of: CONTRACTOR BY TITLE wo r 397Na t r a Oft "n W CERTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL (For use where Contractor is individual or partnership) STATE OF MINNESOTA ) SS. COUNTY OF ) On thia- day of 19before me personally appeared to me known to be the person described in and who executed the foregoing bond, and acknowledged that he executed the same as free act and deed. Notary Public (Notarial Seal) CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) STATE OF MINNESOTA ) SS. COUNTY OF ) On this day of , 19 before me personally Appeared _ and to me per onally known who, being by me r'uly sworn, did say that they are re- spectivel. the of_ that the seal affixed to the foregoing .nstrumetit is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation uy authority of its Board of ^ir�ctors, and said and _ acknowledged the instrument to be the free act and deed of acid-orporation. (Notari ' Seal) Full Narr u. Surety Company Notary Public Nome Office Address Full Name of surety Co. Name of Local Agency Addres,t of Local Agency If this bond is executed outside of the State of Minnesota, it must be counter- signed on the Performance Bond by a Minnesota resident agent of the Surety Comp+ n v . tine of Agent affixing countersignature Address 4E40 RAS)IN: Affix here Power of Attorney and Acknowledgment of Corporate Sure- tY. ti5 - 0 397x,