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HomeMy Public PortalAboutORD08427 BILL NO. 7 , INTRODUCED BY COUNCIL MAN ORDINANCE NO. L_ .AN ORDINANCE OF' THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CLERIC OF THE CITY TO EXECUTE A CONTRACT WITH Roy A. Scheperle Construction Company BE IT ORDAINED BY TFIE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. The Mayor and Clerk of the City are hereby authorized and directed, for and in the name of the City, to execute a written contract with Roy A. Scheperle Construction Company for the improvement of Main Branch Wears Creek - Frog�H011ow Extension for the sun; of x;1392250. 00 SECTION 2. A copy of said contract is attached hereto. SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed: - Approved: Pr s ' nt of the C n it May r Attest : it k /,t jA tYt ADDENDUM NO. 1 PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE FROG HOLLOW EXTENSION OF THE MAIN BRANCH WEARS CREEK EXTENSION ��. SANITARY SEWER PROJECT IN JEFFERSON. CITY, MISSOURI The Plans and Specifications should be and are hereby amended as follows: To the second paragraph of "Vitrified Clay Pipe," Section I, page I-6, shall be added ", or Type I, similar or equal to the joint manufactured by the W. S. Dickey Clay Products Co." 1 i HORNER & SHIFRIN, INC. CONSULTING ENGINEERS FOR THE CITY OF JEFFERSON, MISSOURI November 11, 1971 L, 1 CITY OF JEFFERSON, MISSOURI SPECIFICATIONS FOR THE CONSTRUCTION OF THE FROG HOLLOW EXTENSION OF THE MAIN BRANCH WEARS CREEK EXTENSION SANITARY SEWER PROJECT IN JEFFERSON CITY, MISSOURI U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PROJECT NO. WS-MO-161 HORNER & SHIFRIN, INC. Consulting Engineers St. Louis, Missouri AUGUST 1971 6365 y ® TABLE OF CONTENTS Pale ADVERTISEMENT FOR BIDS INFORMATION FOR BIDDERS INSTRUCTIONS FOR CONTRACTORS CERTIFICATION OF BIDDER BID FOR UNIT PRICE CONTRACTS BID BOND CONTRACT PERFORMANCE-PAYMENT BOND CERTIFICATE OF OWNER'S ATTORNEY GENERAL CONDITIONS PROJECT SIGNS SUPPLEMENTAL GENERAL CONDITIONS SPECIAL CONDITIONS TECHNICAL SPECIFICATIONS SECTION I - MATERIALS OF CONSTRUCTION 1. Materials and Inspection I-1 2. Concrete Aggregates I-1 3. Granular Material for Bedding and Backfill I-3 4. Portland Cement I-4 5. Admixtures I-5 , 6. Water I-6 7. Reinforcing Steel I-6 8. Vitrified Clay Pipe I-6 1 9. Truss Pipe I-7 10. Wye Junctions I-7 11. Manhole Brick I-7 12. Materials for Masonry Mortar I-8 i TABLE OF CONTENTS - Continued Paste 13. Precast Concrete Manholes I-8 14. Manhole Frames and Covers I-8 15. Manhole Steps I-8 SECTION II - METHODS OF CONSTRUCTION AND PAYMENT 1. Scope of Work II-1 2. Shop Drawings II-1 3. Handling of Materials II-1 4. Concrete II-1 5. Interference with Traffic II-8 6. Protection of Trees and Restoration of Landscaped Areas II-8 7. Protection of Existing Structures II-9 8. Protection of Pole Lines, Water and Gas Pipes, and All Other Underground Utilities II-9 9. Removal and Replacement of Secondary Pavements II-9 10. Removal and Restoration of Asphaltic Pavement II-10 11. Trench Excavation II-10 12. Stanks or Short Tunnels II-14 13. Installation of Vitrified Clay Sewer Pipe II-14 14. Installation of Truss Pipe II-16 15. Installation of Wye ,junctions II-16 16. Concrete Encasement II-17 17. Manhole Construction II-17 18. Stubs in Manholes II-19 19. Trench Backfill II-19 20. ' Leakage Tests for Gravity Sewers II-20 ii ADVERTISEMENT FOR BIDS HUD-4298-A (5-66) Project No. WS—MO-161 City of Jefferson, Missouri Owner Separate sealed bids for Frog Hollow Extension of Sanitary 'Trunk Sewer for the City of Jefferson, Missouri. will be received by City Clerk at the City Hall, 240 East High Street, Jefferson Cif, Mo. 65101 until 8:00 o, cloc{c ( - P. M. , C. , S. T. ) Monday , Nov. 15 ig ZL, and then at said office publicly opened and read aloud. The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifica- tions, and Forms of Bid Bond, Performance and Payment Bond, and other contract docu- ments may be examined at the following: Office of Director of Public Works, City Hall, 240 East High Street, Jefferson City, Missouri 65101 Office of Horner & Shifrin, Inc. , Consulting Engineers, 5200 Oakland Avenue, St. Louis, Missouri 63110 Copies may be obtained at the office of Horner & Shifrin, Inc. _ located Mo. at Oakland Avenue, St. Louis, upon payment of c 20.00 for each set. Any unsuccessful bidder, upon returning such set promptly and in good condition, will be refunded his payment, and any non-bidder upon so returning such a set will be refunded $ _ 20.00 , The owner reserves the right to waive any informalities or to reject any or all bids. Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Information for Bidders. Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract, . No bidder may withdraw his bid within 30 days after the actual date of the open- ing thereof. Dote Previous Editions Obsolete t . cro 915•6e6 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-4218-8 INFORMATION FOR BIDDERS (2-66) 1. Receipt and Opening of Bids The City of J@f£eron, Missouri _ (herein called the "Owner"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at the City-Hall T _ffprann City; Miagpyri until $'00 o' clock -P.M. ,.SST_ Monday, November 15; , 19 71 , and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed, addressed to the City Clerl; at-- City Hall, Jefferson City, Missouri and designated as Bid for FXog Hollow Extension - Sanitary Sewers GThe Owner may consider informal any bid not prepared and submitted in accord- ance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 30 days after the actual date of the opening thereof. Preparation of Bid Each bid must be submitted on the prescribed form and accompanied by Certifica- tion by Bidder Regarding Equal Employment Opportunity, Form HUD-4238-CD-1. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and the foregoing Certification must be fully completed and executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, . the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. Subcontracts A"whe bidder is specifically advised that any person, firm, or other party to whom Wit is proposed to award a subcontract under this contract-- a. Must be acceptable to the Owner and the Department of Housing and Urban Development, and, b. Must submit Form HUD-4238-CD-2, Certification by Proposed Subcontractor Re- garding Equal Employment Opportunity. Approval of the proposed subcontract award cannot be given by the Owner unless and until the proposed subcon- tractor has submitted the Certification and/or other evidence showing that it has fully complied with any reporting requirements to which it is or was subject. Previous Editions Obsolete - 2 - Although the bidder is not required to attach such Certifications by proposed subcontractors to his bid, the bidder is here advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards. 15. Telegraphic Modification Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic commu- nication is received by the Owner prior to the closing time, and, provided further, the Owner is satisfied that a written confirmation of the telegraphic AM modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification. 5. Method of Bidding The Owner invites the following bid(s): Unit Price Contract for Construction of the Frog Hollow Extension of Sanitary Trunk Sewer, Subtrunk A and Subtrunk B. 6. Qualifications of Bidder The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Con- ditional bids will not be accepted. 1. Bid Security Each bid must be accompanied by cash, certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all ex- cept the three lowest bidders within three days after the opening of bids, and the remaining cash, checks, or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within 30 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. 8. Liquidated Damages for Failure to Enter into Contract The successful bidder, upon his failure or refusal to execute and deliver the con- tract and bonds required within 10 days after he has received notice of the accept- ance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited- with his bid. 3 - 9. Time of Completion and Liquidated Damages Bidder must agree to commence work on or before a date to be specified in a IN written "Notice to Proceed" of the Owner and to fully complete the project within–Al—consecutive calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of $ 52_00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 10. Conditions of (York Each bidder must inform himself fully of the conditions relating to the con- struction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material an and labor necessary to carry out the provisions of his contract. Insofar as possible the contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the �!orA of any other contractor. 1. Addenda and Interpretations No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to Horner & Shifrin. Inc, at X00 Oal and Aup- Syr, Loo 1p.-_ Mo. 63110 and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the speci- fications which, if issued, will be mailed by certified mail with return re- ceipt requested to all prospective bidders (at the respective addresses fur- nished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bAd as submitted. All addenda so issued shall become part of the contract documents. 12. Security for Faithful Performance tSimultaneously with his delivery of th'e executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this ® contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner. 13. Power of Attorney Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. - 4 - 14. Notice of Special Conditions Attention is particularly called to those parts of the contract documents and specifications which deal with the following: (a) Inspection and testing of materials. (b) Insurance requirements. (c) Wage rates. (d) Stated allowances. 15. Laws and Regulations The bidder' s attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules ano. regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 16. Method of Award - Lowest Qualified Bidder If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bids or may award the contract on the base bid combined with such deducti- ble alternates applied in numerical order in which they are listed in the Form of Bid, a's produces a net amount which is within the available funds. 17. Obligation of Bidder At the time of the opening of bids each bidder will be presumed to have in- spected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect of his bid. U.S,GOY[RNMLNT PRINTING OFFICE:I967 0-271-940 1 1 Supplement to Form HUD-4238-B, INFORMATION FOR BIDDERS All nonexempt construction contractors and subcontractors are required to take appropriate affirmative action toward equal employment opportunity. In addition, certain employers in this group shall be required to prepare and submit their affirmative action programs in writing. Such submittal of written programs is to be limited at this time to employers having-- (a) prime contracts of $100,000 or more on projects costing $1 million or more; (b) subcontracts of $100,000 or more on projects costing $1 million or more, where such subcontracts- 1. will employ the high-paid trades (such as plumbers, electricians, or iron-workers), and 2. the higher-paid trades locally have little or no minority-group representation; or (c) contracts or subcontracts which are not covered by (a) or (b) above, but which, because of location or other special factors, are specifi- cally identified to program staff by the Assistant to the Regional Administrator for Equal Opportunity or his designee. Instructions for Contractors Regarding Affirmative Action under Executive Order 11246, HUD-907 (see copy attached) , embodies affirmative action policies that are required to assure equal employment opportunity by contractors and subcontractors who are awarded contracts. Prior to the award of contracts, the Owner will conduct a pre--award examination of the proposed contractor's ability to fulfill affirmative actions under Executive Order 11246 as set forth in Section 46 of the General Conditions when appropriate. Form A provod Budget�ureau No. 63R 1137 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246(30 F. R.12319-25). The implementing rules and regulations provide that any bidder or prospective contractor,or any of their proposed subcontractors,shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or sub- contract subject to the equal opportunity clause;and,if so,whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. do CERTIFICATION BY BIDDER Bidder's Name: Roy A. Scheperle Constr. Co. Inc. Address and Zip Code: 713 nix Road, P.O. Box 1126 Jefferson City, Missouri 65101 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes ® No ❑ (if answer is yes, identify the most recent contract.) 2. Compliance reports were required to be filed in connc::tion with such contract or subcontract. Yes ® No ❑ (if answer is yes, identify the most recent contract.) Phase I Thomas Jefferson Library 3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. Yes M No ❑ None Required ❑ 4. If answer to item 3 is"No," please explain in detail on reverse side of this certification. Certification—The information above is true and complete to the nest of my knowledge and belief. Roy A. Scheperle, President Name and Title of Signer(Please Type) A 017 S/gnature Date + HUD-4238-CD-1 (3.70)Previous Edition is Obsolete ® GPO 892.820 Form Approved HUD-907 Budget Bureau No.63-R-1144 9-67 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Instructions For Contractors Regarding Affirmative Action Under Executive Order 11246 lual Employment Opportunity) F":;0: A CONTRACTUAL OBLIGATION A prime contractor or subcontractor who signs a contract on a Federal or federally-assisted construction project assumes the obligation to take whatever affirmative actions are necessary to assure equal employment opportunity in all aspects of employment, irrespective of race, color, religion, or national origin. It is expected that a con- tractor will carry out that part of his contract pertaining to equai employment opportunity with the same amount of thought and action as he will any other part of the contract. THE AFFIRMATIVE ACTION PROGRAM To do this, the contractor must have a program of affirmative action. The program must be tailored to the particu- lar set of circumstances which apply to the contractor and to the locality, the labor market, and the project (or projects) in which the contractor is involved. It is expected that a contractor's affirmative action program will include actions suited to carrying out the prin- ciples listed in the following pages, to show that top management of the company intends to, and will, exert posi- tive effort to assure equal opportunity in employment. (The actions listed under these principles in the following pages are furnished only as suggestions, and are not intended to limit the kinds of actions which may be taken. A substantial proportion of these or comparable actions are considered feasible for the individual employer, either on his own or as part of a joint effort with his professional or trade association in the local area.) PROCEDURE FOR SUBMITTING WRITTEN PROGRAM In some cases, submittal of written copies of the program is required. If the box at left is checked, the prime contractor is to develop and submit to the applicant,l within 15 days after the preconstruction con- ference (or after receipt of this notice, if the project is already tinder construction), three copies of his written affirmative action program. Likewise, if the box is checked, the prime contractor is to submit to the appli- cant, within 15 days of awarding each nonexempt4 subcontract of $100,000 or more, three copies of the affirmative action programs of each such subcontractor. An up-to-date copy of each affirmative action program is also to be maintained at the employment site, available for inspection by representatives of the applicant and of the Govern- ment. If the box is not checked, submittal of written copies will not ordinarily be required, but all other aspects of these instructions remain in effect. FOLLOW-THROUGH To assure compliance with equal employment opportunity requirements and evaluate progress made by a contractor under his affirmative action program, the applicant will observe the contractor's performance on a continuing basis. Compliance reviews will also be made by representatives of the Department of Housing and Urban Development. 1 To be acceptable, affirmative action programs must reflect current (as well as past) thought and action on the part of the employer. It is recommended that each contractor and subcontractor keep a file of his equal employment activities and accomplishments. 1 Read (instead of "applicant" wherever it appears) "Applicant's Architect/Engineer" or "LPA" or "LHA" or "Sponsor" where such term is more appropriate. Read "HUD Regional Office" if a direct Federal contract is involved. 4"Nonexempt" as specifically identified by the applicant or a representative of HUD at the preconstruction (or preperformance) conference. I Principles of Affirmative Action AND SUGGESTED STEPS FOR A PROGRAM 1. Write out an Equal Employment Opportunity Policy for your company. Make this policy known to all your em- ployees and potential sources of employees and to your subcontractors, asking their cooperation. Use every ap- propriate means (bulletin boards, handbooks, letters, etc.) to get your points across. Be sure you are understood. (One way is to ask for signed acknowledgments and assurances of cooperation.) 2. Appoint a top management official. in your company as Equal Employment Opportunity Officer (or equivalent title), to coordinate company efforts, to advise and assist your key staff, including superintendents and foremen, and to serve as a focal point for any complaints. 3. Assure non-discriminatory recruiting for your company, taking appropriate steps such as: (a) Placing employment advertisements in newspapers which serve the largest number of minority-group people in the recruiting area; (b) Recruiting through schools and colleges having substantial proportions of minority students; (c) Maintaining systematic contacts with minority and human relations organizations, leaders, and spokesmen to encourage referral of qualified minority applicants (including those in related work such as fabricating shops and home repair) and minority youths interested in construction occupations; (d) Encouraging present employees to refer minority applicants; (e) Making it known to all recruitment sources that qualified minority members are being sought for consideration for supervisory, journeyman, office, and technical jobs as well as others, whenever the company hires. 4. Assure non-discriminatory hiring by your company, taking appropriate steps such as: (a) Instructing personally those of your staff who make hiring decisions that minority applicants for all jobs (in- cluding supervisory, journeyman, office, and technical jobs) are to be considered without discrimination; (b) Where union agreements exist -- 1. cooperating with your unions (perhaps through your contractors' organization) in the development of pro- grains to assure qualified minority persons -- including apprentices -- of equal opportunity for employment in the construction trades; 2. including an effective non-discrimination clause in new or renegotiated union agreements; (c) Using as many apprentices and summer and part-time trainees -- particularly from the minority group -- as work needs and union agreements, if any, will permit. 5. Assure that your company makes maximum use of apprenticeship and other training to help equalize opportunity for minority persons, taking appropriate steps such as: (a) Sponsoring and assisting minority youths as well as others to enter pre-apprentice and apprentice training, and making such training available to the maximum extent within your company: (b) Actively encouraging minority employees as well as others to increase their skills and job potential through participation in training and education programs, and helping to assure that such programs are ade- quate and are in fact available to minority persons; (c) Actively participating in Joint Apprenticeship Committees; (d) Working with civic, labor, and contractors' organizations (helping to organize a sponsoring group if nec- essary) to conduct an open-admission training resource for the construction trades in your area. 6. Assure non-discriminatgry placement and promotion within your company, taking appropriate steps such as: (a) Instructing personally those of your staff who make decisions on placement and promotion that minority employees are to be considered without discrimination, and that job areas in which there is little or no minority representation should be reviewed to determine whether this results from discrimination; 2 , 1 (b) Distributing written questionnaires to all lower-paid employees, inquiring as to their interest and skills f ® with respect to any of the higher-paid trades, followed by assistance, counselling, and effective measures to enable employees with interest and potential to qualify themselves for such trades. 7. Assure non-discriminatory pay, other compensation, and working conditions in your company, taking appropriate steps such as: (a) Examining rates of pay and fringe benefits for present employees with equivalent duties, and adjusting any inequities found; (b) Not reducing the compensation of existing employees whom you have converted to on-the-job trainee status; (c) Advising all qualified employees whenever there is an opportunity to perform overtime work. 8. Assure non-discriminatory demotion, layoff, or termination, perhaps by requiring advance clearance of such ac- tions through your company's Equal Employment Opportunity Officer. 9. Encourage non-discriminatory subcontracting for your company, taking appropriate steps such as: (a) Encouraging minority-group subcontractors, and subcontractors with minority representation among their employees, to bid for subcontracting work; (b) Counselling and assisting minority craftsmen who have the interest and potential to become subcontractors, with respect to securing performance bonds, writing contracts, and making bids. Ifik Follow through, questioning, verifying, making whatever changes or additions to your program may be necessary tain results. k i r 3 CFA-2P-D BID FOR UNIT PRICE CONTRACTS Place Jefferson City , Missouri Date November 15 , 1971 Project No. WS410-161 Roy A. Scheperle Construction Co. Inc. , Proposal of (hereinafter called "Bidder") * a corporation, organized and existing under the laws of the State of Missouri � . a partnership, or an individual doing business as To the City of Jefferson, Missouri rI (hereinafter called "Owner") Gentlemen: iThe Bidder, in compliance with your invitation for bids for the construction of a Frog Hollow Extension of Sanitary Trunk Sewer, Subtrunk A and w Subtrunk B having examined the plans and specifications with related documents and the site jof the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents, within the time �R set forth therein, and at the prices stated below. These prices are to cover all '. expenses incurred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the Owner and to fully complete s0 the project within 180 consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum Of $ 50.00 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions.- Bidder acknowledges receipt of the following addendum: -� Addendum No. 1. -9 • 1 ° Insert corporation, partnership or individual as applicable. a ' 5 Previous Editions Obsolete - 2 - Bidder agrees to perform all the Sewer work described in the specifications and shown on the plans, for the following unit prices: Item Est. Unit Price No, Qty• Description (Each) Total 1 — SHE FOLLOWING I1AGI:S — Dollars & Cents Dollars & Cents 2 Dollars & Cents Dollars & Cents i 3 Dollars & Cents Dollars & Cents TOTAL OP BID j (Amounts are to be shown in both words and figures. In case of discrepancy, J the amount shown in words will govern. ) The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc. , to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right, to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a, period of 30 calendar days after the scheduled closing time for receiving bids. "i i� Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or -i Bonds as required by Paragraph 29 of the General Conditions. The bid security attached in the sum of five percent of amount bid 5% amount bid ) is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. i _ Respectfully submitted: (rie,e) hresidont (SEAL - if bid is by a corporation) Roy A. Sctleperle Con,tr.Co. Inc. 713 Dix Rd. , Jefferson City_, Ma. (Business Address) _ 1 r r 1. Trench Excavation, Class A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,400 cu.yd. @ �'�' ( T"�=;�; � r ���,-�.r _ice •fir_=•,,-._; ) $ -��/��. ����,�''C% (Figures) L �(Written Out) Extension) 2. Trench Excavation, Class B . . . ./. . . . . . . . . . . . . . . . ./. . . . . . . . . . . 6,400 cu.yd. / @ 3. In Place 8-Inch Pipe . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . 10,900 lin.ft. @ $ /_.2L �f 4. In Place 10-Inch Pipe. . . . . . ./. . . . . . . . . . . . . . . . ./. . . . . . . . . . . . . . 2,450 lin.ft. @ .I $ �, �lJ ( T���., ..J'�'J�/j/•' ��'.� ���/1�f,�r r"� •7T t ) $�.��J�1�c`c` 5. �6-Inch on 8-Inch Wye Junctions}. . ./. . . . . . . . . . . . . . . . . . . . . . . . . . 1`0 each @ AM TW 6. 6-Inch on 10-Inch Wye Junction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 each @ 7. Manholes, Complete in Place, Depth Less than 6 Feet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 each @ 8. Manholes, Complete in Place, Depth Over 6 Feet to 8 Feet . . . . . . ./. . . .`. . . ./. . . . . . ./. . . . . . . . . . . . . . . . 28 each @ $:..��''�l) /;'/i ( 1��:'' ��'�� '�/•,•��.li' l~i_-fir-•/�� L�-•/%'G;i.—) $ �J.. �!.��•':., 9. Manholes, Complete in Place, Depth Over •.8 Feet to 10 Feet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . 7 each @ / - T 10. Manholes, Complete in Place, Depth Over i10 Feet to 12 Feet . . . . . . . . . . . . . . . . . . . . .`. . . . . . . . . . . . . . . 2 each @ 1 s .i I 11. Manholes, Complete in Place, Depth Over 12 Feet to 14 Feet . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 each @ 12. Outside Drop . . . . . . " . @ . . . ./ each @ 13. 8-Inch Pipe Stub in Manhole 4 each @ 14. Crushed Rock for Subgrade Replacement . . . . . .�. . . .. . . . .J. . . . . 30 cy.yd. @ 15. Granular Backfill . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . .. . . 440 cu.yd. @ $ :r j.,t?f'� ( _� .:11� —./����/r r's' ) $�,:rte /:�.5'/.�. /•�!J 16. Lumber Ordered Left in Trench 5 M..F.B�.^M./� @ i 17. Class B Concrete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 cu.yd. @ 18. Class C Concrete . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 cu.yd. @ / 19. Restoration of Asphalt Pavement 12 sq.yd. @ I Total Bid 1 1, t 'i ("URANCI-] COMPA, NY GREa AME CAN IDTo The number of persons authorized NEW YORK, NEW YORK more ihanower of attorney is not N0. 0-7426 TWO POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE. COMPANY, a corporation organized and exi ing under and by virtue of the laws of the State of New ti'ork, floes hereby nominate, constitute and appoint the persoi persons named below its true and lawful attorney-in-fact or attorneys-in-fact, for it and in its name, place and stead !cute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship: prov, tat the liability of the said Company on any such bond, undertaking or contract of suretyship ex-' ecuted under the" arity shall not exceed the limit stated below. Name Address Limit of Power .TAMS C. MURPHY VIENNA, MISGOURI $1,000,000. H. H. SCHROEDER VIENNA, MISSOURI $1,000,000. This Power of Attorney revokes all previous powers issued in behalf of the artorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANI' has caused these presents to he sikn,d and attested by its appropriate officers and its corporate seal hereunto affixed thi% 27d1v of February 19 70 ,=�``• Attest: GREAT AMERICAN INSURANCE COMPANY /r �/01�1 Secretary Vice President -F,OF NEW YORE, COUNTY OF NEW YORK - ss: On this 27th day of February,1970, before me personal iv :appeared T. N. R WIN,to me known, being duly sworn, deposes and says that he resided in the County of Nassau, Stare of New fork, that he is thce'Vice President of the Great American Insurance Companv,the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. NOTARY PUBLIC STATE OF NEW YORK �niau / ti{/ 1Titi -• NO 60 8273600 wcsrC.i,Ii N Cou.i, CLOT ell CO IN NCW YON ro,14 1. r/'.....•'.� Y (, COMMISSION L■PINL! M4NCM 30, l977 This Power of Attorney is granted under and by authority of Article IV of the Ky-Laws of the Company, extracts of which read as follows: ARTIC:I.F, 1V. Officers: Powcrs and Dutics. Section 4....The President _shall also have }'ratter and authority,from lime to tinte, to appnin! and fie the rc)mprrr•,,r• bon of one or more attorry?vs•in•fact, to prescribe lhr'rr rPSprclie•r dulrr1s an'l Ihc' r, /rr• rt s• Lmr:s nl their authnrrlti and to revoke any such appuintment, at any time, in his ,iiscietion. Section 5....the several Vice Presidents...shall art. in the order of their apprrtntnient, in the plar•e of the President exercising all his powers and perjorming his duties. during hiq absence or di.sabiliry This Power of Attorney is signed and sealed by facsimile, under anti by tut5rjriiv of the following Re-;oluritin aed by the Board of Directors of the Great American Insurance Company at a meetuig duly called and held on the St ay of May, 1965. RESOLVED. that tier signature a.f any o//ic.r authorized by the fly•l..aus and N•r Crin-parry seal may he affixed b) facsimile to any you-rr a/ attorney and retrocation of nm pouer of atfornrl. or r•ertijtrate of tither riven /or the ereru• lion of-arty bond, undertaking, or contract of suretv%hip, such signature and seal. when so usrd beinR hereby adopted by the Company as the original signature of .surh o/firer and the original seal of the Crmilany, to be valid and bindi"R upon fhe Company with the same force and eflect as though manuallj aflixrd CERTIFICATION 1, W. C. BECK, Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of I Attorney', the above quoted abstracts of Sections A and 5 of Article IV of the fay-Law's, and the Resolution of the Board of Directors of May 5, 1965, have not been revoked and are now in full force and effect. Signed and sealed this 15th day of November 1't 71 v r Y �V V �/ •�i�a'� —" ` ' Srrrrtan .re NEW , GREAT AMERICAN INSURANCE COMPANY NEW YORK, N.Y. BOND NO. KNOW ALL MEN BY T11I'sSl: PRESENTS, that we, ROY A. SCHEPERLE CONSTRUCTION COMPANY, Inc. , if Jefferson City, Missouri as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of New York, having its principal place of business at 99 John Street,New York, N.Y., as surety, are held and firmly bound unto, City of Jefferson, Missouri as obligee, in the penal sum of 5% of amount of bid DOLLARS ($ --------�, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. is SIGNED, sealed, and dated this 15th day of November 1971 WHEREAS, the said principal i s herewith submitting d proposal for The Construction of the Frog Hollow Extension -- Sanitary Sever Project in Jefferson City, Missouri NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract,and shall within ( ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the dif- ference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former; in no event shall the liability hereunder exceed the penal sum hereof. Roy A. Schenerle Construction Company, Inc. By cr� '� ��sc,a,Secretary r Principal GREAT AMERICAN INSURANCE COMPANY By F.9116G - 3.67 (e10 FORM) 11. 11. Schroeder Attorney-in-Fact , U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-4238-F ma (6-66) CONTRACT THIS AGREEMENT, made this ` day of 19 71 , by and between the City of Jefferson, Missouri herein called "Owner, " (Corporate Name of Owner) acting herein through its Mayor and (Title of Authorized Official) Roy A. Scheperle Construction Co. , Inc. STRIKE OUT (a corporation) {a-parflereH#p� INAPPLICABLE faa-#fld#�v#�ltla#-de#flg-bt�s#flE�s-ems TERMS ) of City of Jefferson County of Cole and State of Missouri hereinafter called "Contractor. " WITNESSETH: That for and in consideration of the payments and agreements Shereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows; Frog Hollow Extension of Sanitary Trunk Sewer, Subtrunk A and Subtrunk B. One hundred thirty nine thousand hereinafter called the project, for the sum of two hundred fifty and no/100 Dollars ($ 139,250.00 ) and all extra work in connection therewith, under the terms as stated in the General and Special Conditions of the Contract; and at his (its or their). own proper cost and expense to furnish all the materials, supplies, machinery equipment, tools, superintendence, labor, insurance, and other accessories and ser- vices necessary to complete the said project in accordance with the conditions and ! prices stated in the Proposal, the General Conditions, Supplemental General Con- ditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefor as prepared by Horner & Shifrin, Inc. herein entitled the Architect/Engineer, and as enum- erated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and collectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 180 consecutive calendar days thereafter. The Con- tractor further agrees to pay, as liquidated damages, the sum of $ 50.00 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Con- ditions of the Contract, and to make payments on account thereof as provided in Paragraph 25. "Payments to Contractor", of the General Conditions. IN WITNESS WHEREOF, the parties to these presents have executed this con- tract in six (6) counterparts, each of which shall be deemed an original, in the year and day first above mer.ticnrd. (Seal) City of Jefferson, Missouri ATTEST: (owner) n By a (Secretary) Mavor (Nitness) (Title) (Seal) Roy A. Scheperle Construction Co. , Inc. (Contractor) By Qj (Secretary) � _ President _ (Witness) (Title) 713 Dix Road, P.O. Box 1126 Jefferson City, Missouri 65101 (Address) AW NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. I£ the contractor is a corporation and has a corporate seal, it should be affixed to the contract and the Surety Bonds. If the corporation has no corporate seal, please so indicate when executing said documents. GPO 929.615 M-23 (5-66) PERFORINTANCE-PAYMENT BOND (For use in Missouri, under V.A.M.S. 107.170) THE STATE OF MISSOURI CGUhfiY OF Jefferson KNOW ALL MEN BY THESE PRESENTS: That we (1) Ray A. Scheperle Construction (2) Company, Incorporated of Jefferson City, Missouri hereinafter called Principal and (3) Great American Insurance Company of Now York of , State of New York , hereinafter called the Surety, are held and firmly bound unto (4)_ _the City of Jefferson, Missouri , hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or per- form labor upon the building.or improvements berei ft r e ed t in penal sum of One hundred thiriy nine thousand tworiun�re� 4� try WT no ( 1399250,00 ) Dollars in lawful money of the United States, to be paid in 5 Cole County—, 11o. , for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, adminis- trators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal enters into a certain agreement with (o) City of Jefferson, Missouri the Owner, _j,dated the 14th -day of December _ A. D. lg 71 a copy of which is hereto attached and made a pa hereof for the construction of: Frog Hollow Extension of Sanitary Trunk Sewer, Subtrunk A and Subtrunk B, herein sometimes called the "Project." N(V, THEREFORE, if the said Principal shall well and truly perform and complete said project in strict accordance with said Agreement, Information for These footnotes refer to the numbers in body of contract above: Late of Bond must not be prior to date of Contract (1) Correct name of Contractor 2) A Corporation, a Partnership or an Individual, as case may be 3 Correct name of Surety 4 Correct name of Owner 5) County and State (6) Owner .Bidders, Proposal, rians ana Specixieat:Lons, ana related documents, shalt' pay as they become due all just claims for work or labor performed and materials furpiQhed In connection with said Agreement, including all amounts due for materials, lubri- cants, oil, gasoline, grain, 'hay, food, coal and coke, repairs on machinery, MA groceries and food stuffs, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums, both compensation and all other kinds of insurance, on said work, and' for all labor, performed in such work whether by subcontractor or otherwise, and shall defend, indemnify and save harmless said Owner against any and all liens, incumbrances, damages, claims, demands, expenses, costs, and charges of every kind, including patent infringement claims except as otherwise provided in said specifications and other contract documents arising out of or in relation to the performance of said work and the provisions of said Agreement, then these presents shall be void; otherwise they shall remain in full force and effect. This obligation is made for the use of said Owner and also for the use and benefit of all persons who may perform any work or labor or furnish' aay Material in the execution of said Agreement and may be sued on thereby in the name of said Owner. PROVIDED FURTHM, that if any legal action be filed upon this bond, venue shall lie in Cole County, State of Missouri and'that the said surety, for value received hereby stipulates and agrees that no change, extension of tine, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and- it does hereby waive notice of any such change,, extension of time, alteratinn or addition to the term„ of the contract or to the work or to the specifications. r PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be' unsatisfie-1. IN WITNESS WHEREOF, this instrument is executed in . , � counterparts., each one of which shall be deemed an original, this the A. of , A. D. 1971 ATTEST: / R4 •--g A-to 1'r nc- I Principal cre ary ` By..:.. A.� ( ) JU, mWourl Address Witness as to Principal Address } ATTEST: Great Ameri can YnjUrance Qmpany of New York Surety Surety Secretary BY— //CW cats-- (ML) Attorney-in-Fact. Ho H. Schroeder NOTE: If Contractor is. Partnership, Witness as to Surety all partners should execute bond. Address Great �r American L Certilicale O 2� �tGtCEInsuranc4 COMPANIES dft [ Great American Insurance Company ❑ American National Fire Insurance Company (Herein called the Company) In the event of concelation of the policies designated below, it is the intent of the Company to mail 10 days prior notice thereof to: FNOTE: This Certificate of Insurance neither City of Jefferson, offirmatiyely nor negatively amends,extends, Missouri nor otters the coverage afforded by the policy or policies numbered in this .certi- L _l ficate. The Company certifies that the following insurance policies have been issued to: NAME OF INSURED ADDRESS OF INSURED #" Roy A. Scheperle Construction Company, Inc. Jefferson City, Missouri TYPE OF INSURANCE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY BODILY INJURY PROPERTY DAMAGE WORKMEN'S COMPENSATION CP-200 0 2 L-1-1971 STATUTORY NO COVERAGE and E OY RS' LIA ILI Y —1-1972 $ -1.00.Qno. NO COVERAGE _ 100,000. EACH COMP 7- 97 $ PERSON ENSIVE UAP-1154961 1 1�1 IQ JQQ rQwe EACH $ 100 000. ECC_URRENCE GENERAL LIABILITY 7-1-1973 300,000. AGGREGATE $ 300 QQQ a AGGREGATE MANUFACTURERS' AND $ PERSON $ UI CONTRACTORS' LIABILITY $ OCCURRENCE $ AGGREGATE EAC OWNERS' AND CONTRACTOR $ PERSON $ OCCURRENCE PROTECTIVE LIABILITY $ EACH AGGREGATE OWNERS' LANDLORDS ACID PI-R50N AC L TENANTS' LIABILITY $ OCC 4RRENC $ vAcIIRRENc COMPLETED OPERATIONS $ EACH U rr AND $ OCCRRF CE $ O URRENCE Fir PRODUCTS LIABILITY $ AGGREGATE AGGREGATE r COMPREHENSIVE 7-1-1970 $ 100 000• PERS AUTOMOBILE LIABILITY UAP-1154961 EA EACH I'J —1-1 3 $ 300,000. OCCURRENCE $ �QQ.000 OCCURRENCE --1-1-1973 $ PERSON I T OWNED AUTOS EACH itACw •' $ OCCURRENCE .� ,.. CGVRR ENCF. O— $ EACH �m HIRED AUTOS PERSON t4 $ OCCURRENCE $ OCCURRENCk 5 OTHER NON-OWNED $ EACH P,RS59IN EAC AUTOS $ OCCURR�— ENCE $ EACH ENC- CO GRCIAL UMBRELLA 7-1-1970 $ 1 � 000.00 each occurrence aggregate where PRO-2494411 applicable,cable i recorded. ABILITY _]•_1 � pp n excess of Primary insurance recorded. W I 0 O DESCRIPTION AND LOCATION OF OPERATIO3,15 AND AUTOMOBILES COVERED J; All States { CMCO AGENCY, INC. SC9 MISSOURI BLVD. JEFFERSON CITY, MISSOURI 65101 This Certificate is not valid unless countersigned by an authorized representative of the Company. December 14, 1971 DATE AUTHORIZED REPRESENTATIVE F.20032 A • 3-70 ORIGINAL 3 URKEA'"I" AmHRICAA INSURANCE OMPAN"T The number of persons authorised NEW YORK, NEW YORK by this power of attorney is not N0. 0-.7426 more than TWO Aft POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact or attorneys-in-fact, for it and in its name, place and ate»d to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship ex- ecuted under this authority shall not exceed the limit stated below. Name Address Limit of Power JAMES C. MURPHY VIENNA, MIS®OURI $1,000,000. H. H. SCHROEDER VIENNA, MISSOURI $1,000,000. This Power of Attorney revokes all previous powers issued in behaif of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE. COMPANY has caused these presents to he signed and attested by its appropriate officers and its corporate seal hereunto affixed this 27day of February 19 70 Attest: GREAT AMERICAN I�ANCE COMPANY Secretary l'ir•e President STATE.OF NEW YOR COUNTY OF YORK ss: On this 27th day of February,1970, before me personaliv appeared T. H. BIVIN,to me known, being duly sworn, deposes and says that he resided in the County of Nassin, State of New York, that he is the Vice President of the Great American Insurance Company,the Company described in "nd which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; chat it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. NOTAgY PUBLIC STATE OF NEW YORK �• .�._- .�� NO 60 0273000 WCSICNE�II R COUN1• CCRT ill CO IN NEW TOR.t COIN I. rr�'�•�(� v COMMISSION EXPIRE' MARCH 30, 1970 1-his Power of Attorney is granted under and by authority of Article IV of the fly-Laws of the Company, extracts of which read as follows: AR'fl(:I-I: IV. Officers: Powers and Duties. Section 4....The President...shall also have power and authority.Irom time trI trine, to rtppoint and!n• the compensa• jinn o/ one or more attorneys-in•/act, to prescribe their respertit•e duties acrd the rr .lte.-n-e limits of their authorth and to revoke any such appointment, at any time, in his discretion. Section 5....the several Vice Presidents...shall art, in the order n/ their appointment, to the place of the Presid"t exercising all his powers and per forming his duties. during his absence or drsabiliry This Power Attorney is signe d sealed by tacs;mile under and by •1ut`tonr; of the following Re•;olutirm adopted by the B of Directors of t Teat American Insurance Company at a meeting duly called and held on the 5th day of May, 19 . RESOLVED, that the signature of any offictr authorized by the Ay•Laa s and the (.rnrpany seal may be a//ixed by facsimile to any power of attorney and revocation of any pone► of attorney or rerti/tr•att, of either p,iven /or the exeeu- tion of any bond, undertaking, or contract of suretyship, such signature and seal, when so used heing hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to he valid and binding upon the Company with the same force and effect as though manually atfsxed. CERTIFICATION 1, W.'C, BECK, Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney, the above quoted abstracts of Sections 4 and 5 of Article IV of the By-Laws, and the Resolution of the Board of Directors of May 5, 1965, have not been revoked and are now in full force and effect. Signed and sealed this 14th day of December 1.,71 ,�� �L Srrrrtary' CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, s N the duly authorized and acting legal representative of Q-0 I do hereby certify as follows: I have examined the attached contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements consti- tute valid 'and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Date: 0 -11 Previous Editions Obsolete GPO 905.509 HUD-4234-S (0-66) U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Water and Sewer Facilities Grant Program GENERAL CONDITIONS 1. Contract and Contract Documents The project to be constructed pursuant to this contract will be financed with assistance frorn the Department of Housing and Urban Development and is subject to all applicable Federal laws and regulations. The flans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. Contents 1. Contract and Contract Documents 29. Contract Security 2. Definitions 30. Additional or Substitute Bond 3. Additional Instructions and Detail 31. Assignments Drawings 32. Mutual Responsibility of Contractors 4. Shop or Setting Drawings 33. Separate Contracts 5. Materials, Services, and Facilities 34. Subcontracting 6. Contractor's Title to Materials 35. Architect/Engineer's Authority 7. Inspection and Testing of Materials 36. Stated Allowances 8. "Or Equal" Clause 37. Use of Premises and Removal of Debris 9. Patents 38. Quantities of Estimate 10. Surveys, Permits and Regulations 39. Lands and Rights-of-Way 11. Contractor's Obligations 40. General Guaranty 12. Weather Conditions 41. Conflicting Conditions 13. Protection of Work and Property__ 42. Notice and Service Thereof Emergency 43. Required Provisions Deemedlnserted 14. Inspection 44. Protection of Lives and Health 15. Reports, Records and Data 45. Subcontracts 16. Superintendence by Contractor 46. Equal Employment Opportunity 17. Changes in Work 47. Interest of Member of Congress 18. Extras 48. Other Prohibited Interests 19. Time for Completion and Liquidated 49. Use Prior to Owner's Acceptance Damages 50. Photographs 20. Correction of Work 51. Suspension of Work 21. Subsurface Conditions Found Different 52. Minimum Wages 022, Claims for Extra Cost 53. Withholding Payments 23. Right of Owner to Terminate Contract 54. Payrolls and Payroll Records 24. Construction Schedule and Periodic 55. Apprentices Estimates 56. Compliance with Copeland Anti-Kick- 25. Payments to Contractor back Act 26. Acceptance of Final Payment as Release 57. Overtime 27. Payments by Contractor 58. Signs 28. Insurance 59. Contract Termination; Debarment *See alphabetical subject Index at end. 1 Definitions The following terms as used in this contract are respectively c.efined as follows: (a) "Contractor": A person, firm or corporation with whom the contract is made by the Owne r. ...,, (b) "Subcontractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate contract or agreement with, the Contractor. (c) "Work on (at) the project": Work to be performed at the location of the project, includ- ing the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. 3, Additional lnstructions and Detail Drawings The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the work included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. The Contractor and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, test- ing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accord- ance with the progress of the work. 4. Shop or Setting Drawings The Contractor shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance vrith the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/ Engineer the Contractor must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the Contractor will never- theless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineerin writing of any devia- tions at the time he furnishes such drawings. 5. Materials, Services, and Facilities (a) It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute, complete, and deliver the work within the specified time. (b) Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the Owner. 6. Contractor's Title to Materials No materials or supplies for the work shall be purchased by the Contractor or by any Sub- contractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 2 1111 mill 7. Inspection and Testing of Materials (a) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner will pay for all labo- ratory inspection service direct, and not as a part of the contract. (b) Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish con- formance with specifications and suitability for uses intended. S. "Or Equal" Clause �} Whenever a material, article or piece of equipment is identified on the plans or in the I specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties °I imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Architect/Engineer's written approval. I9. Patents (a) The Contractor shall hold and save the Owner and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the contract, including its use by the Owner, unless otherwise specifically stipulated in the Contract Documents. (b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his authorized licensee, direct by the Owner and not by or through the Contractor. (c) If the Contractor uses any design, device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design, device or material. It is mutually agreed and under- stood, that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnifyand save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this contract, and shall indemnify the Owner for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 10. Surveys, Permits, and Regulations Unless otherwise expressly provided for in the Specifications,the Owner will furnish to the Contractor all surveys necessary for the execution of the work. The Contractor shall procure and pay all permits, licenses and approvals necessary for the execution of his contract. The Contractor shall comply with all laws, ordinances, rules, orders, and regulations re- r lating to performance of the work, the protectionof adjacent property, and the maintenance of passageways, guard fences or other protective facilities. 11. Contractor's Obligations The Contractor shall and will, in good worlcmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as 3 herein otherwise expressly specified, necessary or proper toperform and complete all the work required by this contract, within the time herein specified, in accordance with the provisions of this contract and said specifications and in accordance with the plans and drawings covered by this contract any and all supplemental plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time d:: .ng the progress of the work. He shall furnish, erect, maintain, and remove such construction plant and such temporary works as may be required. The Contractor shall observe, complywith, andbe subject to all terms, conditions, require- ments, and limitations of the contract and specifications, and shall do, carry on, and com- plete the entire work to the satisfaction of the Architect/Engineer and the Owner. 12. Weather Conditions In the event of temporary suspensionof work, or during inclement weather, or whenever the Architect/Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the Contractor. 13. Protection of Work and Property--Emergency The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the con- tract or by the Owner, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property, and/or safety of life, the Contractor will be allowed to act, without previous instructions from the Architect/ Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately there- after. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the Contractor has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 17 of the General Condi- tions. 14. Inspection The authorized representatives and agents of the Department of Housing and Urban Develop- ment shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. 1015. Reports, Records, and Data The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning work performed or to be performed under this contract. 16. Superintendence by Contractor At the site of the work the Contractor shall employ a construction superintendent or fore- man who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. 4 '4111JR111111M1,!1FOR? 17. Changes in Work No changes in the work covered by the approved Contract Documents shall be made with- out having prior written approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination of the fol- lowing methods: (a) Unit bid prices previously approved. (b) An agreed lump sum. (c) The actual cost of: 1. Labor, including foremen; 2. Materials entering permanently into the work; 3. The ownership or rental cost of construction plant and equipment during the time of use on the extra work; 4. Power and consumable supplies for the operation of power equipment; 5. Insurance; 6. Social Security and old age and unemployment contributions. To the cost under (c) there shallbe added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 18. Extras • Without invalidating the contract, the Owner may order extra work or make changes by altering, adding to or deducting from the work,the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the Owner or its Architect/Engineer, acting officially for the Owner, and the price is stated in such order. 19. Time for Completion and Liquidated Damages It is hereby understood and mutually agreed, byand between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed." The Contractor agrees that said work shall be prosecuted regularly, diligently, and un- interruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof grantedby the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this contract, to pay to the Owner the amount specified in the contract, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain,and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is 5 ii Mai allowed for the completion of any work, the now time limit fixed by such extension shall be of the essence of this contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost whenthe Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due; (a) To any preference, priority or allocation order duly issued by the Government; (b) To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and (c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article: Provided, further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reason- able time of its decision in the matter. 20. Correction of Work All work, all materials, whether incorporated in the work or not, all processes of manu- facture, and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suit- ability of the work, materials, processes of manufacture, and methods of construction for the purposes for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the Contractor at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Architect/Engineer shall be equitable. 21. Subsurface Conditions Found Different Should the Contractor encounter sub-surface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall imme- diately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds that they materially differ from those shown onthe Plans or indicated in the Specificatione, he will at once make such changes in the Plans and/or Specifications as he may find nec- essary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 17 of the General Conditions. 22. Claims for Extra Cost No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 17(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of ' cost and when requested by the Owner, give the Owner access to accounts relating thereto. 23. Right of the Owner to Terminate Contract In the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the contract, such notices to contain the reasuns for 6 such intention to terminate the contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall imme- diately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the contract; Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor and the Contractor and his Surety shall be liable to the Owner for any ex- cess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefor. 24. Construction Schedule and Periodic Estimates Immediately after execution and delivery of the contract, and before the first partial pay- ment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price. 25. Payments to Contractor (a) Not later than the 15th day of each calendar month the Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this contract, but to insure the proper performance of this contract,the Owner shall retain ten percent (1016) of the amount of each estimate until final completion and acceptance of all work covered by this contract: Provided, that the Contractor shall submit his estimate not later than the first day of the month; Provided, further, that the Owner at any time after fifty percent (50%) of the work has been completed, if it finds that satisfactory progress is being made, may make any of the remaining progress payments in frill; Provided, further, that on completion and acceptance of each separate building, public work, or other division of the contract, on which the price is stated separately in the contract, payment may be made in full, including retained percentages thereon, less authorized deductions. (b) In preparing estimates the material delivered on the site and preparatory work done may be taken into consideration. (c) All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall, not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the contract. (d) Owner's Right to Withhold Certain Amounts and Make Application Thereof: The Con- tractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, dis- charged, or waived. If the Contractor fails so to do, then the Owner may, after having served written notice on the said Contractor,either pay unpaid bills, of which the Owner has written notice, direct, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged where.. upon payment to the Contractor shall be resumed, in accordance with the terms of this 7 contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. 28. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this contract or the Performance and Payment Bond. 27. Payments by Contractor The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month following that in which services are rendered, (b) for all materials, tools, and other expendable equipment to the extent of ninety percent (90%) of the cost thereof, not later than the 20th day of the calendar month following that in which such materials, tools, and equipment are delivered at the site of the project, and the balance of the cost thereof, not later than the 30th day following the completion of that part of the work in or on which such materials, tools, and equipment are incorporated or used, and (c) to each of his subcontractors, not later than the 5th day following each payment to the Contractor, the respective amounts allowed the Contractor on account of the work per- formed by his subcontractors to the extent of each subcontractor's interest therein. 28. Insurance The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his sub- contract until the insurance required of the subcontractor has been so obtained and approved. (a) Compensation Insurance: The Contractor shall procure and shall maintain during the life of this contract Workmen's Compensation Insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the pro- ject under this contract and, in case of any such work sublet, the Contractor shall re- m quire the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded bythe Contractor's Workmen's Compensation Insur- ance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall procure and shall maintain during the life of this con- tract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Supplemental General Conditions. (c) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance:T ie Contractor shall either 1 require each of his subcontractors to pro- cure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplemental General Conditions specified in subparagraph (b) hereof or, (2) insure the activities of his policy, specified in subparagraph (b) hereof. (d) Scope of Insurance and Special Hazards: The insurance required under subparagraphs b and c hereof shall provide adequate protection for the Contractor and his subcon- tractors, respectively, against damage claims which may arise from operations under 8 ,r this contract, whether such operations be by the insured or by anyone directly or in- directly employed by ,him and, also, against any of then special hazards which may be encountered in the performance of this contract as enumerated in the Supplemental General Conditions. (e) Builder's Risk Insurance (Fire and Extended Coverage): Until the project is completed and accepted by the Owner, the Owner, or Contractor (at the Owner's option as indicated in the Supplemental General Conditions, Form HUD-4238-N) is required to maintain Builder'o Risk Insurance (fire and extended coverage) ona 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner, the Contractor, subcontractors as their interests may appear. The Contractor shall not include any costs, for Builder's Risk Insurance (fire and extended coverage) premiums during con- struction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his obligation to complete, according to plans and specifications, the project covered by the contract, and the Contractor and his Surety shall be obligated to full performance of the Contractor's undertaking. (f) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates .showing the type, amount, class of operations covered, effective dates and date of ex- piration of policies. Such certificates shall also contain substantially the following state- ment: "The insurance covered by this certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the Owner." 29. Contract Security The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (1007o) of the contract prices as security for the faithful performance of this con- tract and also a payment bond in an amount not less than fifty percent (5016) of the contract price or in a penal sum not less than that prescribed by State, territorial or local lave, as security for the payment of all persons performing-labor on the project under this contract and furnishing materials in connection with this contract. The performance bond and the payment bond may be inone or in separate instruments in accordance with local law. Before final acceptance each bond must be approved by the Department of Housing and Urban Development. 30. Additional or Substitute Bond If at any time the Owner for justifiable cause shall be or become dissatisfied with any surety or sureties, then upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the Owner so to do; substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished such an acceptable bond to the Owner. 31. Assignments The Contractor shall not assign the whole or any part of this contract or any moneys due or to become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of any moneys due or to become due under this contract, the in- strument of assignment shall contain a clause substantially to the effect that it is agreed ® that the right of the assignee in and to any moneys due or to become due to the Contractor shall. be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this contract. 32. Mutual Responsibility of Contractors If, through acts of neglect on the part of the Contractor, any other Contractor or any sub- ' contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or subcontractor by agreement or arbitration if such other Con- tractor or subcontractors will so settle. If such other Contractor or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sus- tained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. 9 33. Separate Contract The Contractor shall coordinate his operations withthose of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in the detailed execu- tion of the work. The Contractor, including his subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Architect/Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. v 34. .Subcontracting (a) The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty sub- contractors. (b) The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require. (c) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcon- tractors and to give the Contractor the same power as regards terminating any sub- contract that the Owner may exercise over the Contractor under any provision of the contract documents. (e) Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner. 35. Architect/Engineer's Authority The Architect/Engineer shall give all orders and directions contemplated under this con- tract and specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability, and fitness of the several kinds of work and iaterials which are to be paid for under this contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Erigineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said con- tract or specifications, the determination or decision of the Architect/Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this contract affected in any mariner or to any extent by such question. The Architect/Engineer shall decide the meaning and intent of any portion of the specifica- tions and of any plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contrac- tor under this contract and other Contractors performing work for the Owner shall be adjusted and determined by the Architect/Engineer. 36. Stated Allowances The Contractor shall include in his proposal the cash allowances stated in the Supplemental General Conditions. The Contractor shall purchase the "Allowed Materials" as directed by the Owner on the basis of the lowest and best bid of at least three competitive bids. If the actual price for purchasing the "Allowed Materials" is more or less than the "Cash Allow- ance," the contract price shall be adjusted accordingly. The adjustment in contract price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental expenses. The cost of installation of the "Allowed Materials" shall be included in the applicable sections of the Contract Specifications cover- ing this work. 10 37. Use of Premises and Removal of Debris The Contract expressly undertakes at his own expense: an (a) to take every precaution against injuries to persons or damage to property; (b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors; (c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; ;5 (d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his s' operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; (e) before final payment to remove all surplus material,false-work, temporary structures, including foundations thereof, plant of any description and debris of every nature re- sulting from his operations, and to put the site in a neat, orderly condition; (f) to effect all cutting, fitting or patching of his work required to make the same to con- form to the plans and specifications and, except with the consent of the Architect/ Engineer, not to cut or otherwise alter the work of any other Contractor. FM 38. Quantities of Estimate Wherever the estimated quantities of work to be done and materials to be furnished under this contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this contract, and such increase or diminution shall in no way vitiate this contract, nor shall any such increase or diminution give cause for claims or liability for damages.. 39. Lands and Rights-of-Way Prior to the start of construction, the Owner shall obtain all lands and rights-of-way necessary for the carrying out and c o m p 1 e t i o n of work to be performed under this contract. 40. General Guaranty Neither the final certificate of payment nor any provision in the Contract Documents,nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects inthe work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will give notice of observed defects with reasonable promptness. AOL 41. Conflicting Conditions Any provisions in any of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency. 42. Notice and Service Thereof Any notice to any Contractor from the Owner relative to any part of this contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the said Contractor at his last given address, or delivered in person to the said Contractor or his authorized representative on the work. 11 i 43. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted hereinandthe contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then uponthe application of either party the contract shall forthwith be physically amended to make such insertion or correction. 44. Protection of Lives and Health In order to protect the lives and healthof his employees under the contract, the Contractor shall comply with all pertinent provisions of the "Manual of Accident Prevention in Con- struction" issued by the Associated General Contractors of America, Inc., and shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the contract. He alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods, and for any damage which may result from their failure or their improper construction, maintenance, or operation. 45. Subcontracts The Contractor will insert in any subcontracts the sections 52 through 56 contained herein and such other clauses as the Department of Housing and Urban Development may, by instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 46. Equal Employment Opportunity During, the performance of this contract the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitmentor recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forththe provisions of this nondiscrimi- nation clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national. origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and appli- cants for employment. (4) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigationto ascertain compliance with such rules, regulations, and orders. (6) £n the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or Federally-assisted construction 12 contracts, in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the provisions of paragraphs (1) through (7) in every sub- contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sep- tember 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or pur- chase order as the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, owever, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department of Housing and Urban Development, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 47. Interest of Member of or Delegate to Congress No member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 48. Other Prohibited Interests No official of the Owner who is authorized in such capacity and on behalf of the O-xrner to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally inthis contractor in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, super- visory or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract per- taining to the project. 49. Use and Occupancy Prior to Acceptance by Owner The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the Owner, provided the Owner: (a) Secures written consent of the Contractor except in the event, in the opinion of the. Architect/Engineer, the Contractor is chargeable .vith unwarranted delay in final cleanup of punch list items or other contract requirements. (b) Secures endorsement from the insurance-carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construc- tion, or, (c) When the project consists of more than one building, and one of the buildings is occupied, Ah secures permanent fire and extended coverage insurance, including a permit to com- plete construction. Consent of the surety must also be obtained. 50. Photographs of the Project If required by the Owner, the Contractor shall furnish photographs of the project, in the quantities and as described in the Supplemental General Conditions. 51. Suspension of Work Should the Owner be prevented or enjoined from proceeding with work either before or after the start of construction byreasonofany litigation or other reason beyond the control 13 of the Owner, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay;but time for completion of the work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing. 52. Minimum Wages (a) The Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined minimum wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. (b) All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once aweek, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. For the purpose of this clause, 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 provisions of 29 CFR 5.5(a)(1)(iv). Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. (c) The Department of Housing and Urban Development shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination, and a report of the action taken shall be sent by the Department of Housing and Urban Development to the Secretary of Labor. In the event the interested parties cannot agree oil the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recom- mendation of the Department of Housing and Urban Development shall be referred to the Secretary for final determination. (d) The Department of Housing and Urban Development shall require, whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as anhourly wage rate and the Contractor is obli- gated to pay a 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 Department of Housing and Urban Development, shall be referred to the Secretary of Labor for determination. (e) The Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or pro- gram described in section 1(b)(2)(B) of the Davis-Bacon Act, or any bona fide fringe benefits not expressly listed in Section i(b)(2) of the Davis-Bacon Act or otherwise not listed in the wage determination decision of the Secretary of Labor which is included in this contract, only when the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. Whenever practicable, the Contractor should request the Secretary of Labor to make such findings before the making of the contract. In the case of unfunded plans and programs, the Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (f) The specified wage rates are minimum rates only, and the owner will riot consider any claims for additional compensation made by the Contractor because of payment by the Contractor of any wage rate in excess of the applicable rate contained in this contract. All disputes in regard to the payment of wages in excess of those specified in this contract shall be adjusted by the Contractor. (g) If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: Provided however, the Secretary of Labor has found upon the written 14 request of the Contractor that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 53. Withholding of Payments The Department of Housing and Urban Development may withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed bythe Contractor or any subcontractor on the work the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic employed or working on the site of the work, all or part of the wages required by the contract, the Department of Housing and Urban Development may, after written notice to the Contractor or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 54. Payrolls and Basic Records (a) Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and address of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated of the types described in section l(b)(2) of the Davis-Bacon Act), AM daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program 'described in section l(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially respon- sible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (b) The Contractor will submit weekly a copyofall payrolls to the Owner, for transmission to the Department of Housing and Urban Development. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth !or each laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance" which is required under this contract and the Copeland regulations of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor under 29 CFR 5.5(a)(1)(iv) shall satisfy this requirement. The Prime Contractor shall be responsible for the aubrnission of copies of payrolls of all subcontractors. The Con- tractor shall make the records required under the labor standards clauses of the con- tract available for inspection by authorized representatives of the Department of Housing and Urban Development and the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. 55. Apprentices Apprentices shall be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, United States Depart- ment of Labor; or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, United States Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The Contractor or subcontractor will be required to furnish to the Department of Housing and Urban Development written 15 evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates, for the area of construction, prior to using any apprentices on the contract work. 56. Compliance With Copeland Anti-Kickback Act and Regulations The Contractor shall comply with the Copeland Anti-Kickback Act and Regulations of the Secretary of Labor (29 CFR, Part 3) which are herein incorporated by reference. 57. Overtime (a) No Contractor or subcontractor contracting for any part of the contract work which am may require or involve the employment 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 eight hours in any calendar day or in excess of forty hours in such workweekunless such laborer or mechanic receives com- pensation at a rate not lees than one and one-half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case may be. (b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1), the Contractor and any subcontractor re- sponsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause set forth in subparagraph(1),inthe sum of $10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1). (c) Withholding for unpaid wages and liquidated damages. The Department of Housing and Urban Development may withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may ad- ministratively be determined to be necessary to satisfy any liabilities of such Con- tractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2). (d) Subcontracts. The Contractor shall insert in any subcontracts and clauses set forth in subparagraphs (a), (b), and (c) of this paragraph and also a clause requiring the sub- contractors to include these clauses in anylower tier subcontracts which they may enter into, together with a clause requiring this insertionin any further subcontracts that may in turn be made. 58. Signs The General Contractor shall erect a sign at the project site identifying the project and indicating that the Government is participating in the development of the project. The AL project sign shall be substantially in accordance with instructions provided by the Regional Office of the Department of Housing and Urban Development, made from 3/4 inch plywood, placed in a prominent location, and maintained in good condition until completion of the project. 59. Contract Termination; Debarment A breach of Sections 45 and 52 through 56 may be grounds for termination of the contract, and for debarment as provided in 29 CFR 5.6. 16 HU D-4238-S (8-66) Index of General Conditions Subject Section Subject Section Accident Prevention.................... 44 Notice and Service .....................6 42 Additional Bond.......................... 30 Obligations of Contractor............. 11 Additional Instructions ................ 3 "Or Equal" Clause ...................... 8 Allowances................................ 36 Overtime Requirements ...0........... 57 Anti-Kickback Act...................... 56 Owner's right to terminate ........... 23 Apprentices,...0......0...............0... 55 Patents ..................................... 9 Architect's Authority.................. 35 Payment of Employees..,.............. 52 Assignments,,..... 31 Payments by Contractor............... 27 Bond, Security........................... 29 Payments to Contractor............... 25 Bond, Security, additional............ 30 Payrolls of Contractors and subs... 54 Changes in Work........................ 17 Periodic Estimates ..................... 24 Claims for Extra Cost................. 22 Permits, Surveys, Regulations ...... 10 Completion time......................... 19 Photographs............................... 50 Computation of Wages ................. 57 Posting Minimum wage rates ........ 52 Condition, Subsurface.................. 21 Prohibited Interests ...........I........ 48 Conflicting Conditions ................. 41 Protection of lives and health........ 44 Construction Schedule................. 24 Protection of work, property......... 13 Contract Documents.................... 1 Provisions required by law........... 43 Contract Security....................... 29 Quantities of Estimate.................. 38 Contractor's Insurance................ 28 Regulations, Kickback.................. 56 Contract Termination,.....so*...o..... 59 Release of Contractor.................. 26 Contractor's Mutual Responsibility 32 Removal of Debris ...................... 37 ontractor's Obligations.............. 11 Reports, Records and Data........... 15 ontractor's Payrolls ................. 54 Responsibility of contractor.......... 32 Contractor's Title to Materials..... 6 Right of Owner to terminate.,........ 23 Copeland Regulations .................. 56 Rights-of-Way............................ 39 Correction of Work..................... 20 Schedule of Construction.............. 24 Damages, Liquidated,.................. 19 Security.................................... 29 Im Data, Reports and Records........... 15 Separate contracts ...................... 33 Debarment............0.0.....0........... 59 Services, materials, facilities....... 5 Debris Removal......................... 37 Shop Drawings............................ 4 Definitions ................................ 2 Signs ........................................ 58 Detail Drawings ......................... 3 Stated Allowances ....................... 36 Different Subsurface ................... 21 Subcontracting....................... 34 and 45 Discrimination, employment......... 46 Subcontractor's Insurance ............ 28 Drawings detail.......................... 3 Subcontractor's Payrolls.............. 54 Emergencies ............................. 13 Substitute Bond........................... 30 Equal Employment Opportunity..... 46 Subsurface conditions .................. 21 Estimated Quantities.................. 38 Superintendence by contractor....... 16 Extras...........0.......................... 18 Surveys, permits........................ 10 Final Payment........................... 26 Suspension of work...................... 51 Guaranty, general...............,....... 40 Termination of contract;......... 23 and 59 Inspection.................0.......0....... 14 Testing of Materials..............,..... 7 Inspection of Materials................ 7 Time for completion.................... 19 Insurance.................................. 28 Title to materials ....................... 6 Lands and Rights-of-Way............. 39 Use and Occupancy...................... 49 egal Provisions, Implied............ 43 Use of Premises..................I...... 37 quidated damages .................... 19 Wage Adjustments...............0....... 53 terials.................................. 5 Wages, Minimum........................ 52 Member of Congress................... 47 Wage Underpayments................... 53 Minimum Wages,... 52 Weather Conditionsi ,.................... 12 Non-discrimination in Employment 46 Withholding of Payments .............. 53 j 17 U.S. GOVERNMENT PRINTING OFFICE:1667 0-773-901 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WATER AND SEWER FACILITIES GRANT PROGRAM PROJECT SIGNS Section 58 of the General Conditions, Form HUD-4238-8, provides that: "The general contractor shall erect a sign at the project site identifying the project and indicating that the Government is participating in the development of the project. " The project sign shall be substantially in accordance with the draw- ing printed on the reverse of this sheet, and shall be made from 3/4 inch plywood, placed in a prominent location, and maintained in good condition until completion of the project. HUD-4238-S-1 (5.67) Color of ,.Color qll 9" Letter INV Area De th I ing Im CITY OF JEFFERSON 4" White 311 o -o SANITARY SEWER SYSTEM 511 White N AIDED BY $85,000 FEDERAL GRANT 211 White $95,000 LOCAL SHARE WbIta 511 WATER AND SEWER FACILITY GRANT PROGRAM 411 Black 411 �o N PROJECT NO. WS-MO-161 11 Blac ' ,411 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 311 Black 211 511 HORNER & SHIFRIN, INC. NAME OF CONTRACTOR 2 1 2 White CONSULTING ENGINEERS 2 1 2 _ ° 9 5200 OAKLAND AVE. ADDRESS 2 1/2 White �' ' ' ST. LOUIS, MO. 63110 2 1/2 2 1/2 White .6 1/2 911 6' 611 911 8' Of' Ir 44 J 1 Aw 1 ; s S�n.wrl..w.ww >rkaymnr':. loss A..d. A'011. S006 VILe 1 1 ' L.4 a.l 1.1 l.: LJ skm I nd«.J.ryw ale/A+asw.s rwsnr t b..u) Sam*ckm4^as obwa,bwt Psdyasal?e on 1-41V p;~Rywchol 1 HUD•4238.5.1 (5.67) HUD-Wash., D.C. 215108• U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT )66 -(9 HuD- (9-66) SUPPLEMENTAL GENERAL CONDITIONS I. Enumeration of Plans, Specifications and Addenda 2. Stated Allowances 3. Special Hazards 4. Public Liability and Property Damage Insurance 5. Photographs of Project 6. Schedule of Minimum Hourly Wage Rates 7. Builder's Risk Insurance 8. Inspections and Testing of Materials 1. ENUMERATION OF PLANS, SPECIFICA TIONS A ND ADDENDA Following are the Plans, Specifications and Addends which form a part of this contract, as set forth in Paragraph I of the General Conditions, "Contract and Contract Documents": DRAWINGS General Construction: Nos. 1 inclusive �atfng�rnet'n'�r►ritating: „ A�n�bingt „ E l se! 10*1: „ of to SPECIFICATIONS: Ge�6ene4rvekee:Materials Page I-1 to I^8 , incl. U"Uag-sa44444 94ng:Methods and to -TT-1 to 11-21 , incl. Payment F- *mbi*W " to , incl. to , incl. " to , Incl. to , incl. ADDENDA: No. Date No. Date No. Date No. Date 2. STATED ALLOWANCES NONE Pursuant to paragraph 36 of the General Conditions, the contractor shall include the following cash allowances in his proposal: (a) For (Page of Specifications) $ I (b) For (Page of Specifications) $ (c) For (Page of Specifications) $ (d) For (Page of Specifications) $ (e) For (Page of Specifications) $ (f) For (Page of Specifications) $ 3. SPECIAL HAZARDS The Contractor's and his Subcontractor's Public Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: NONE 4• CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY, AND PROPERTY DAMAGE INSURANCE As required under paragraph 28 of the General Conditions, the Contractor's Public Liability Insur- ance and Vehicle Liability Insurance shall be in an amount not less than S 3 00. 00Q_for in- j uries, 'including accidental death, to any one person, and subject to the some limit for each person, in an amount not less than S 500,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than S 100-090 , The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. See Appendix A, attached hereto. PHOTOGRAPHS OF PROJECT As provided in paragraph 50 of the General Conditions, the Contractor will furnish photographs in the number, type, and stage as enumerated below: None Required. 6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY WAGE RATES AS RE- QUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS See Appendix B, attached hereto. BUILDER'S RISK INSURANCE As provided in the General Conditions, paragraph 28(e), the Contractor will/will not* maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portions of the project for the benefit of the Owner, the Contractor, and all sub- contractors, as their interests may appear. *Strike out one. U.S. GOVERNMENT PRINTING OFFICE:1981 0-777.978 8. INSPECTIONS AND TESTING OF MATERIALS The single exception to the provisions of Section 7 of the General Conditions shall be with reference to the testing of sewer pipe. Local pipe manufacturers prices include certification that pipe supplied has been tested to prove conformance with ASTM Specifications. APPENDIX A SUPPLEMENTAL GENERAL CONDITIONS INDEMNIFICATION & INSURANCE In addition to compliance with paragraph 28 of the General Conditions, and paragraph 4 of the Supplemental General Conditions, the Contractor agrees to indemnify and hold harmless the City and the Engineer, from all claims and suits for loss of or damage to property, including loss of use thereof, or injuries, including death, to persons, and from all judgments recovered therefor, and from all expense in defending said claims, or suits, including court costs, attorney fees and other expense, caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, ser- vants and employees, and not caused by the sole fault or negligence of the Owner and/or Engineer, or their respective agents, servants or employees. Without limiting its liability under this Contract, the Contractor shall procure and maintain at his expense during the life of this Contract-, insurance of the types and in the minimum amounts stated as follows: a. Workmen's Compensation Insurance in full compliance with the Work- men's Compensation Act of the State of Missouri and Employer's Liability coverage in the amount of $500,000. b. Comprehensive General Liability Bodily injury, including death $ 500,000 each person 1,000,000 each occurrence Property damage $ 500,000 each occurrence 500,000 aggregate c. Comprehensive Automobile Liability Bodily injury, including death $ 300,000 each person 500,000 each occurrence Property damage $ 100,000 each accident d. Owner's Protective Bodily injury, including death $ 500,000 each person 1,000,000 each occurrence Property damage $ 500,000 each occurrence 500,000 aggregate The Comprehensive General Liability policy shall provide coverage for injury to or destruction of wires, conduits, pipes, mains and sewers, and other property under the surface of the ground. The Owner's Protective policy shall name the City and the Engineer as insureds and a duplicate copy of the policy shall be furnished to each of them. The Contractor shall also take out and maintain at his expense during the life of this Contract, Builders' Risk Insurance satisfactory to the City which shall protect the Contractor and the City. as their interests may appear, for the following hazards to the work, materials and equipment suitably stored at the site, and Contractor's construction equipment, materials and temporary structures: Fire and lightning, extended coverage, including windstorm, hail, explosion, riot, riot attending strike, civil commotion, aircraft, vehicle and smoke damage, and vandalism and malicious mischief. Such policy shall be in a provisional amount equal to the total contract price shown in the agreement or such other amount as shall be satisfactory to the City and a duplicate copy thereof shall be submitted to the City through the Engineer. Said insurance shall be written by a company or companies licensed to do business in the State of Missouri and satisfactory to the City. Before commencing any work hereunder, certificates evidencing the maintenance of said insurance shall be furnished to the City and the Engineer, and shall contain the following statement: The insurance evidenced by this Certificate will not be cancelled or altered except after ten days from receipt by the City of Jefferson, Missouri, and Horner & Shifrin, Inc. , of written notice thereof. The provisions of paragraph 4 of the Supplemental. General Conditions regarding Subcontractors shall apply to the foregoing. no APPENDIX B SUPPLEMENTAL GENERAL CONDITIONS 1. PARAGRAPH 6 - PREVAILING WAGE DETERMINATIONS, FEDERAL AND MISSOURI: These Contracts shall be based upon payment by the Contractor and his subcontractors of wage rates not less than the prevailing hourly wage rate for each craft or type of workman engaged on the work. Prevailing wage rates shall be as determined by the United States Department of Labor and the Industrial Commission of Missouri. In case of conflict, the wages paid by the Contractor shall not be less than the higher of the prevailing wage determinations. The determinations by the Department of Labor and the Industrial Commission of Missouri are hereafter included. 2. PREVAILING HOURLY WAGE RATES - STATE OF MISSOURI: a. The proposal for this Contract shall be based upon the required payment by the Contractor of prevailing hourly rate of wages for each craft or type of workman required to execute the Contract as determined by the Department of Labor and Industrial Relations of Missouri. The principal Contractor and all subcontractors shall pay not less than the prevailing hourly rate of wages for each craft or type of workman required to execute this Contract as determined by the Department of Labor �+ and Industrial Relations of Missouri, pursuant to Sections 290.210 to 290.340, inclusive, of the Revised Statutes of Missouri, 1969. A schedule of such prevailing hourly rate of wages as determined by the Department of Labor and Industrial Relations of Missouri for this Contract, pursuant to said statutory provisions, is incorporated in these Contract Documents. b. The principal Contractor and all subcontractors shall comply in all respects with the Prevailing Wage Law, as Amended in Sections 290.210 to 290.340, inclusive, Revised Statutes of Missouri, 1969, effective October 13, 1969. c. The Contractor and each subcontractor shall keep an accurate record Aft showing the names and occupations of all workmen employed by him, together MW with the actual wages paid to each workman, which shall be open to inspection at al]. reasonable hours by the representatives of the Department of Labor and Industrial Relations of Missouri and the City. d. The aforesaid prevailing hourly rate of wages is subject to change by the Department of Labor and Industrial Relations of Missouri or by court decision as provided by law during the life of this Contract, and such change shall not be the basis of any claim ' the Contractor against the City nor will deduction of claim be made b. City against sums due the Contractor by reason of any such damage. e. The Contractor shall forfeit as a penalty to the City of Jefferson, Missouri, Ten Dollars ($10.00) for each workman employed, for each calendar day, or portion thereof, such workman is paid less than the said .stipulated rates for any work done under this Contract, by him or by any subcontractor under him. Section 290.250. r UNITED STATES DEPARTMENT OF LABOR PREVAILING WAGE RATES (TO BE SUBMITTED BY ADDENDUM) (( N INDUSTRIAL COMMISSION OF MISSOURI `AW 1#6 j.ROWN i DL/AaTM(NT OF CASON AND INDUbTN1AL RKLATION{ CAII Y;N::owN 1+• ItOA MI{{OU111{O ULtVA110 [A NAN V W AMOS -w r ♦O 0011{{{ INA oAHM[OM J W loth J[FFLAaON CITY M1590Un1 e3101 uwir. WAI111tM t.NC AIIM{{ itL[IMONt AI1[A]IA LLO cOYM{i�lt {OV{tNM 63{IAI In accordance with your request for the prevailing hourly rate of wages for workmen required to perform the project or construction contract identified in your request, and pursuant to Sections 290.210 to 340 V.A.M.S., the Department of labor and Ind- ustrial Relations, acting by and.through the Industrial Commission of Missouri, being duly informed and having fully considered the matter, finds, determines, declares, and certifies to you and the public body you represent; 1. That the general prevailing hourly rate of wages for building, heavy and highway construction work in said county for each of the crafts or types of workmen, listed on the wage rate schedules, are the prevailing hourly wage rates for said county for the project or construction contract named. Fringe benefits are in addition to the basic wage; and if they are included, the basic wage will be so marked. Ah 2. That fringe payments include medical and hospital care, compensation for injuries or illness resulting from occupational activity, unemployment bene- fits, life insurance, disability and sickness insurance, accident insurance (all designated as health and welfare), pensions, vacation and holiday pay, apprenticeship or other similar programs and other bona fide benefits. 3. That general prevailing hourly rates for legal holidays and overtime work are as shown on the wage rate schedules for the crafts listed thereon. 4. That certified copies of this determination wIII be filed immediately with the Secretary of State of Missouri and in the files of this Department, and that copies of this determination shall be supplied to all interested persons requesting same. The Commission is not authorized to fix wage rates. The Law directs it to ascertain the prevailing hourly wages in a given locality. A "locality" is the county or counties where the project is to be constructed. The lAw provides that not less than the prevailinc hourly wages determined by the Co=.IBsion shall be paid by a contractor or sub-contractor. A higher wage rate may be lawfully paid. Should objections be filed to any portion of this wage determination, such ob.ection or ob;ections must be specific, in writing and In triplicate and must react: the Comm- ission within 30 days from date of the Determination. State in full the facts and reasons in support of your ob•„ections. 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PL:C1P as ae: trts8u uFiwo SPECIAL CONDITIONS 1. SURVEYS: The provisions of paragraph 10 of the General Conditions regarding surveys are modified as follows: The Owner shall provide horizontal and vertical controls. Should any control points thereafter be destroyed by the Contractor's operations, re- placement will be at the Contractor's expense. The Contractor shall provide all the construction stakes required, setting them at a maximum interval of 25 feet and at an appropriate offset, and shall establish accurately the elevations of all such stakes. The Contractor may elect to utilize approved laser beam equipment in lieu of the offset stake-batter board method. 2. EASEMENTS AND WORKING SPACE: In general, the gravity sewers are to be constructed in.easements which are to be obtained through private property, and provided by the City of Jefferson, Missouri, and in City streets. Where work is to be carried out in easements through private property, copies of the easements and agreements entered into with the individual owners for permission to carry out the construction are on file in the office of the Clerk of the City of Jefferson. The Contractor should famil- iarize himself with the detailed provisions of these easements covering the working room and width of the easement. The width of the easement is intended to be sufficient to permit the construction of the sewer., and to provide room for storing of materials during the construction. Cleaning up and restoration of the surface upon completion of the work shall be carried out so that the surface of the ground within the easements shall be restored to its original condition or to the elevations as shown.on the PlanG or as indicated by the Engineer. 3. BORINGS; Ask Borings were taken along the alignment of the sewers. The elevation at M 10 which refusal was encountered is shown on the Plans for information only. Any interpretation of this data drawn by the Contractor shall be the Con- tractor's own and the City makes no representation or guarantee concerning the accuracy or completeness of such information. 4. SANITARY REGULATIONS: Adequate sanitary conveniences for the use of persons employed on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such a manner and at such points as shall be approved by the Engineer. The conveniences shall be maintained at all times without nuisance and their use shall be strictly enforced. Upon com- pletion of the work, they shall be removed from the premises, leaving the premises clean and free from nuisance. 5. UTILITIES: All water used in mixing and curing concrete, grout, or mortar shall be obtained from the public water supply. The Contractor shall make the necessary arrangements for the purchase of this water as required for the construction of the work under this Contract. The cost,of all power, lighting, water and heating required during the construction and testing of the facilities shall be paid by the Contractor. TECHNICAL SPECIFICATIONS SECTION I MATERIALS OF CONSTRUCTION 1. MATERIALS AND INSPECTION: All materials and equipment used on this work shall be new, of the best quality, and shall meet the requirements of these specifications. Materials shall be sampled and tested in accordance with current ASTM Specifications or such others as specified hereinafter. The Contractor will be required to furnish certificates of conformance to ASTM or other applicable specifications. Materials shall be stored in such a manner that their condition is equivalent to new when installed. Ad2k Whenever in these specifications reference is made to the requirements Of the ASTM (American Society for Testing Materials) , AWWA (American Water Works Association) , ANSI (American National Standards Institute) , or other standard specifications, the latest modifications or revisions of such specifications shall be applicable for use. All material to be used in this work will be inspected before being placed and all rejected material must be removed immediately and not used in the work under this Contract. Any material installed or placed without inspection shall be removed and replaced with new material if so directed by the Engineer. The Contractor will be required to furnish such laborers as may be nec- essary to aid the Engineer in the examination and culling of material. The Contractor shall pay for all tests required by the specifications. Such tests shall be performed by a competent independent laboratory approved by the Engineer on test specimens selected by the Contractor under the direct supervision of the Engineer. Copies of all test results shall be submitted to the Engineer directly from the testing laboratory. 2. CONCRETE AGGREGATES: The source of supply of the aggregates shall be approved by the Engineer before delivery or use is started. Representative preliminary samples of the materials to be used shall be submitted by the Contractor to the Engineer for examination and tests at least 15 days prior to use in the project. I-1 ® Aggregates shall be stored and handled so as to ensure the preservation of their quality and fitness for use, and shall be located so as to facilitate prompt inspection. All equipment for handling and transporting aggregates must be clean before any aggregates are placed therein. In no case will the use of pit-run or naturally mixed aggregates be am permitted. Aggregates must, in every case, be screened and washed, and all fine and coarse aggregates stored separately and kept clean. The mixing of different kinds of aggregates from different sources in one storage pile or alternating batches of different aggregates will not be permitted. Aggre- gates containing lumps of frozen or partially cemented material shall not be used. The tests to which the aggregates will be subjected will include, but not necessarily be limited to, specific gravity, absorption, Los Angeles abrasion, soundness in magnesium and sodium sulphate, freezing and thawing in concrete, alkali-aggregate reaction and organic impurities, and any other tests that are necessary to demonstrate that concrete of acceptable quality can be produced from the materials proposed. AMk Coarse Aggregate. The material to be used as coarse aggregate in the MW concrete shall be gravel or crushed limestone. Gravel aggregates shall be clean, washed gravel, consisting of hard, strong, durable pieces free from dust, loam, clay, alkali, organic impurities, adherent coatings, or other deleterious substances, and from thin, porous, elongated or laminated particles. Crushed limestona aggregate shall consist of uncoated particles of sound, durable rock of uniform quality, without an excess of flat, elongated or laminated pieces. No surface yellow or soft stone shall be permitted. The specific gravity of the stone shall be not less than 2.56. Coarse aggre- gates shall conform to the requirements of Specifications for Concrete Aggregates, ASTM Designation C33. The gravel or crushed limestone shall be graded to meet the following requirements using the U.S. Standard Sieve Series: Sieve Sizes Percentage Passing 1-1/2-inch 100% by weight 1-inch 45-100% by weight 3/4-inch 65- 80% by weight 3/8-inch 15- 40% by weight No. 4 0- 5% by weight No. 8 0- 2% by weight The coarse aggregate shall be uniformly graded and should the grading vary between loads from the maximum to the minimum limits of these specifi- cations, such variation will be sufficient grounds for rejection. I-2 To ensure the roduction o£ suitable aggregates, complying in all P respects with these specifications, the aggregate plant shall be subject to the approval of the Engineer and no deliveries of aggregate shall be made until the operating conditions of the plant, from which the gravel is to be delivered, have been inspected and approved. No stockpiling of the coarse aggregates will be permitted on public streets, alleys, or highways. If the aggregates are to be stored in other than bins or hoppers, the aggregates must be deposited on a clean, hard surface. In no case shall aggregates be dumped directly on the ground. MM The use of frozen aggregates will not be permitted. When the temperature of the air permits concreting to be carried on, the must be thawed out, thoroughly removing all frost before incorporate same in the concrete mixture. Fine Aggregate. The fine aggregate to be used in concrete shall consist of clean, natural sand of hard, strong, durable, uncoated grains, free from all foreign organic material, or other injurious deleterious substances. It shall conform to the requirements of Specifications for Concrete Aggregates, ASTM Designation C33. The fine aggregate shall be well-graded from coarse to fine and when tested by means of U.S. Standard Sieve Series shall conform to the following requirements: Sieve Sizes Percentage Passing 3/8-inch 100% by weight No. 4 95-100% by weight No. 8 80-1001'a by weight No. 16 50- 85% by weight No. 30 25- 60% by weight No. 50 10- 30% by weight No. 100 2- 10% by weight In addition to the grading limits shown above, the fine aggregates, as delivered to the mixer, shall have a fineness modulus of not less than 2.40 nor more than 2.90. The grading of the fine aggregate shall also be con- trolled so that the fineness moduli of at least four of any five consecutive test samples of the fine aggregate as delivered to the mixer shall not vary more than 0.15 from the average fineness modulus of all samples taken during the first month's operation, unless otherwise directed. The fineness modulus shall be determined by dividing by 100 the sum of cumulative percentages retained on U.S. Standard Sieves No. 4, 8, 16, 30, 50 and 100. 3. GRANULAR MATERIAL. FOR BEDDING AND BACKFILL: Granular material utilized to replace unstable material or material otherwise unsuitable for supporting the pipe in the bottom of trenches, I-3 UMM shall be quarry run, 2-1/2-inch maximum size (95 per cent to 100 per cent passing a 2-1/2-inch sieve) , graded to allow satisfactory compaction. Granular material used for bedding in trenches shall be free-flowing crushed limestone and screenings from the bins of the quarry, and protected on the working site against moisture absorption to retain its free-flowing property. The moisture content by weight shall not be more than 5 per cent on the exterior of the stockpile, nor more than 3 per cent average for the entire stockpile. The material shall be uniformly mixed and well-graded. to conform to the following: 100 per cent shall pass a 1-inch sieve; No more than 20 per cent shall pass a No. 100 sieve. Granular material for backfill shall be crushed rock or gravel, less than 1-1/2 inches maximum size, free from large voids, clay, loam, vegetation, or other perishable materials. 4. PORTLAND CEMENT: Ask The portland cement to be used in the concrete shall meet the require- ments of Specifications for Portland Cement, ASTM Designation 0150, and shall be Type II. Different brands of cement or cement from more than one mill shall not be used in any one pour. The Contractor shall arrange for the cement sampling, testing and re- porting thereof by the cement manufacturer in accordance with the requirements of Specifications for Portland Cement, ASTM Designation C150. The Contractor shall obtain from the manufacturer, a certificate of specification conform- ance for each lot of cement offered for use under this Contract. This certificate shall identify the particular lot of cement, and shall certify that the sampling and testing procedures and the quality of the cement con- form with the requirements of the specifications. No cement shall be used until a certificate of specification conformance has been received by the Engineer. All cement will be subject to check testing from samples obtained at the mill, at transfer points, or at the project, at such times as the Engineer may determine. Such check sampling and testing will be by or under the supervision of the Engineer at no expense to the Contractor. Access shall be granted as required to inspect storage and to sample for check testing. Cement not meeting specifications shall be promptly removed. Cement which has been in storage more than four months shall not be used unless check testing by the Engineer proves that it complies with the specifications. When bulk cement is not unloaded from primary carriers directly into weathertight hoppers at the hatching plant, transportation from the railhead, i I-4 mi ll, or intermediate storage, to the batching plant shall be accomplished in weathertight trucks, conveyors, or other means which will protect the cementing materials completely from exposure to moisture. The temperature of the cement as delivered to storage at the site shall not exceed 150 degrees F. Cement shall be stored in dry, weathertight and properly ventilated structures. All storage facilities shall be subject to approval by the Engineer and shall be such as to permit easy access for in- spection and identification. Sufficient cement shall be in storage to complete any pour of concrete started. In order that cement may not become unduly aged after delivery, the Contractor shall use any cement which may have been in storage for 60 days or more before using cement of lesser age. The Contractor shall notify the Engineer of the source or sources from which the cement will be obtained at least 15 days in advance of the time when concrete placing is expected to begin. If cement is to be obtained from more than one mill, the notification shall state the estimated amount of cement to be obtained from each mill and the proposed schedule of shipments. 5. ADMIXTURES: The air-entraining admixture shall be a substance or compound approved by the Engineer which will produce entrained air in the concrete. The air- entraining admixture in solution in a portion of the mixing water shall be added to each batch of concrete. This solution shall be batched by means of a mechanical batcher capable of accurate measurement and in such a manner as will ensure uniform distribution of the admixture throughout the concrete during the specified mixing period. The air-entraining admixture shall con- form to the requirements of Specifications for Air-Entraining Admixtures for Concrete, ASTM Designation C260, and shall be of uniform consistency and quality within each container and from shipment to shipment. The Contractor shall arrange for the air-entraining admixture sampling, testing and reporting thereof by the manufacturer of the air-entraining admixture in accordance with the requirements of Testing Air-Entraining Admixtures for Concrete, ASTM Designation C233. The Contractor shall obtain from the manufacturer, a certificate of specification conformance for each lot of air-entraining admixture offered for use under this Contract. This certificate shall identify the particular lot of air-entraining admixture - and shall certify that the sampling and testing procedures and the quality of the material conform with the requirements of the specification. No air ® entraining admixture shall be used until a certificate of specification con- formance has been received by the Engineer. An air-entraining admixture which has been in storage for six months or which has been subjected to freezing shall not be used until re-test by the Engineer at the expense of the Contractor proves the admixture to be satisfactory. I-5 r 6. W ATER: Water used with the cement and aggregate for concrete, mortar, and grout, or for curing of concrete shall be clean, from water mains of public drinking water systems. 7. REINFORCING STEEL: Reinforcing steel bars shall be of uniform quality without surface or structural defects of any character and be of first class workmanship and finish. Steel may be rolled from new steel billets or reworked from steel on rails. Bars rolled from billet steel shall conform to Specifications for Billet-Steel Bars for Concrete Reinforcement, ASTM Designation A15; bars rolled from steel rails shall conform to Specifications for Rail-Steel Bars for Concrete Reinforcement, ASTM Designation A16. All bars shall be deformed to the minimum requirements for the surface deformation to comply with Speci- fications for Minimum Requirements for the Deformations of Deformed Steel Bars for Concrete Reinforcement, ASTM Designation A305. The bars, when delivered, shall be protected from the weather. The bars must not be oiled or painted. Reinforcing bars with slight rust that can be easily removed with the aid of a wire brush may be used when the rust has been removed. Where scale has formed or is beginning to form sufficiently to reduce the section of the steel, such bars shall be rejected and must be removed from the site of the work. The Contractor shall furnish the Engineer a certificate from his steel supplier stating that all reinforcing steel supplied for this project conforms to specifications. 8. VITRIFIED CLAY PIPE: Vitrified clay sewer pipe and fittings shall be new pipe of the best quality of hard-burned, vitrified clay or shale pipe, conforming in every respect to the requirements and tests of the current ASTM Designation C200 for "Extra Strength Clay Sewer Pipe," or C278 for "Extra Strength Unglazed Clay Pipe." All pipe shall be free from blisters, cracks, and pronounced laminations and must give a metallic ring when struck with a hammer. All vitrified clay pipe shall be socket pipes with sockets true, circular and concentric with the base of the pipes and the planes of the angles at right. angles to the axis of the pipe, with all dimensions falling within the tolerances as permitted by the ASTM Specifications. All vitrified clay pipe shall have preformed plastic joints conforming to the latest revision of ASTM Specification C425, Type III, with rubber "0" ring. I-6 i AML 9. TRUSS PIPE: As an alternate to vitrified clay pipe, except in the Highway "C" right-of-way, the Contractor may use an internally braced double wall pipe of ABS compound, as specified in ASTM D-1788-62T, Types I or IV, excepting that minimum heat deflection temperature (ASTM D-648) shall be 180 degrees Fahrenheit. The pipe shall be similar or equal to that manufactured by Armco Steel Corporation. The pipe must meet the following requirement. A 6-inch long section when tested as specified by ASTM 2412-65, shall equal or exceed the follow- ing values even after 24-hour immersion in 5 per cent solution by weight of H2SO4 when deflection reaches 5 per cent. Diameter EI Min. - lb.in. F/A Y - 1b Lin2 8 2,400 200 10 4,600 200 F/,& Y may be computed by dividing the load (in.lbs/in.) at 5 per cent by the deflection in inches. Pipe shall not fail when deflected 10 per cent. Workmanship shall be first class, with pipe, couplings, and fittings sized within tolerances necessary to permit ease in ,joining them together. Joints shall be made with chemically welded solid ABS couplings with jointing materials provided by the pipe manufacturer and according to the method prescribed by the manufacturer. Pipe lengths shall be 12 feet 6 inches long. 10. WYE JUNCTIONS• Wye ,junctions shall be installed where shown on the Plans or where ordered by the Engineer. The wyes shall be of the same material, type and class or strength designation as required for the pipe and shall be of the size shown on the Plans. Wyes on truss pipe shall have bells for clay spigots (Type III) . 11. MANHOLE BRICK: Common brick for construction of manholes shall be Grade SA conforming to ASTM Standard Specification Designation C32, size No. 1 (2-1/2-inch by 3-3/4-inch by 8-inch) , or size No. 2 (2-1/2-inch by 4-inch by 8-1/2-inch) . Certificates shall be furnished showing the results of tests for the physical 1 requirements on samples of brick representative of the shipments made to the project. Tests will conform to ASTM C32. I-7 12. MATERIALS FOR MASONRY MORTAR: Portland cement to be used in mortar for sewer and manhole construction shall meet the requirements of ASTM Specification Designation C150, Type I. Sand shall meet the requirements for fine aggregate specified in Section I, paragraph 2. 13. PRECAST CONCRETE MANHOLES: Precast concrete manholes shall be composed of sections manufactured in accordance with the latest revision of ASTM C478. The minimum compressive strength for the concrete for all sections shall be 4,000 psi. Manhole sections shall have ends suitable for making a joint utilizing a rubber gasket. The section ends, the joint and the gasket shall meet the requirements of ASTM Specification Designation C443. 14. MANHOLE FRAMES AND COVERS: Manhole frames and covers shall be first quality gray iron castings. Except where noted, they shall be similar or equal to the frame and cover No. R-1418A as manufactured by Neenah Foundry Company. Manhole frames shall . be provided with anchor lugs similar or equal to Neenah R-1768 or a 1-inch deep mud ring. The covers shall be Type C and 24 inches in diameter. The clear opening in the frames shall be 22 inches. The frame and cover together shall weigh not less than 360 pounds. All castings shall be made of cast iron conforming to Class No. 25 of the current ASTM Specification A48 for gray iron castings. Castings stall be planed where necessary to secure perfectly flat and true surfaces. Ail castings shall be thoroughly cleaned and covered with two coatings of asphaltum paint before being used in the work. 15. MANHOLE STEPS: Manhole steps shall be not less than 10 inches wide, and manufactured for use as manhole steps. Steps may be made of cast iron, or may consist of a steel reinforcing bar encased in plastic. Cast-iron steps shall be asphalt-coated, and shall be similar or equal to No. B-1112, as manufactured by Tower Grove Foundry. The steel reinforcing rod in the plastic step shall be 3/8 inch in diameter, encased with polypropy- lene plastic. The step shall be similar or equal to the M.A. Plastic step, as manufactured by M. A. Industries, Inc. , Atlanta, Georgia. I-8 TECHNICAL SPECIFICATIONS SECTION II METHODS OF CONSTRUCTION AND PAYMENT 1. SCOPE OF WORK: The work under this Contract shall include the construction of the gravity sewers and all appurtenances, as shown on the Plans, complete and operative. Construction work included under these Specifications shall be so planned and executed that the various portions of the work will be carried on concur- rently and the whole completed within the time allowed. All work under this Contract shall be paid for on a unit price basis as described in the Information for Bidders. 2. SHOP DRAWINGS: In accordance with paragraph 6 of the Special Conditions, shop drawings shall be submitted for approval. Payment for shop drawings shall be included in the price bid for the item of equipment or material for which the shop drawing is furnished. 3. HANDLING OF MATERIALS: All materials shall be delivered and distributed to the site of the work by the Contractor. Payment for work described in this paragraph shall be included in the price bid for the item containing the various pieces of equipment o: material. 4. CONCRETE: The Contractor's attention is called to the fact that the Specifications for Class A and Class B concrete carry three limiting factors, all of which shall be complied with. These factors are: (1) minimum strength, (2). minimum volume of cement per cubic yard of concrete, and (3) maximum volume of water per sack of cement. a. Classes of Concrete. Class C concrete shall be used for fill to replace exposed rock in the pipe trench. Class B concrete shall be used II-1 i All other concrete used on this project shall be for encasement of pipe. p � Class A concrete, unless otherwise specifically noted on the Plans. b. Class A Concrete. Class A concrete shall have a minimum compressive strength of 3,500 pounds per square inch in 28 days and shall consist of the mixture which results in one cubic yard of concrete to each batch of fine and coarse aggregate and water used to each six sacks of cement. Total water shall be limited to a maximum of 6-1/2 gallons per sack of cement. The fine and coarse aggregates for each batch of concrete where monolithic construction is to be carried out shall be accurately weighed; the exact weight of each batch shall be that necessary to produce a dense workable concrete with the yield per sack of cement as herein specified when mixed within the limita- tions of the amount of water herein specified. Where small batches of concrete are to be used and the concrete is mixed on the site, Class A concrete shall be considered as that mixture consisting of 2 cubic feet of dry fine aggregate, not more than 3-1/2 cubic feet of dry coarse aggregate to each sack of cement, mixed with not more than 6-1/2 gallons of total added water. c. Class B Concrete. Class B concrete shall have a minimum compressive strength of 2,000 pounds per square inch in 28 days and shall consist of the mixture which results in one cubic yard of concrete to each batch of fine and coarse aggregate and water used to each four sacks of cement. Total water shall be limited to a maximum of 8-1/2 gallons per sack of cement. Where small batches of concrete are to be used and the concrete is mixed on the site, Class B concrete shall be considered as that mixture consisting of 3 cubic feet of dry fine aggregate, not more than 5 cubic feet of dry coarse aggregate to each sack of cement, mixed with not more than 8-1/2 gallons of total added water. d. Class C Concrete. Class C concrete shall consist of the mixture which results in one cubic yard of concrete to each batch of fine and coarse aggregate and water used to each two sacks of cement. Total water shall be limited to a maximum of 9--1/2 gallons per sack of cement.. e. Determination of Added Water. In determining the amount of added water, allowance should be made for the moisture content in the aggregates. In measuring the fine aggregate by volume for small batches of concrete, if the aggregate is wet, allowance should be made for the bulking on account of the presence of moisture. f. Proportioning. The concrete mixtures will be approved by the Engineer from design mix tests. All materials required for these tests shall be supplied by the Contractor from samples taken from the approved source of supply. At any time during the construction period, the relative weights of fine and coarse aggregates as determined by the original mix de- sign may be varied slightly in order to ensure the use of the least amount of fine aggregate which will produce workable concrete with the slumps specified. II-2 The water content of the concrete shall at all times be the minimum necessary to properly place the concrete. It shall be regulated as required to adjust for any variation in the moisture content or grading of the aggregates. Addition of water to compensate for stiffening of the consistency before placing will not be permitted. Uniformity of concrete consistency from batch to batch will be required. All concrete shall be proportioned by weight. Allowance must be made for the weight of moisture in the aggregates in order to determine the amount of additional water required for the given concrete mix design. g. Air-Entrained Concrete. An air-entraining admixture, approved by the Engineer may be used in the concrete should the Contractor desire to im- prove the workability of the concrete. No additional payment will be made for the use of an admixture approved by the Engineer at the Contractor's request. The air-entraining admixture shall be added to the concrete during the process of mixing. The agents shall be accurately measured and dispensed by means of an approved adjustable mechanical dispenser which will automatically and gradually discharge the required amount of material into the mixing water. The entire amount of air-entraining agent shall be fully discharged before all of the mixing water has entered the drum of the mixer. The dispenser shall be so constructed that it can be accurately calibrated for the quantity of agent discharged at various settings and shall be provided with means by which the discharge can be readily diverted from the stream of mixing water to a con- tainer for measurement. Class A concrete which contains an approved admixture shall contain 5 per cent plus or minus 1 per cent of entrained air by volume. The volume of entrained air in the freshly mixed concrete will be measured by the Engineer by the volumetric method, Test for Air Content of Freshly Mixed Concrete by the Volumetric Method, ASTM Designation 0173, or by tine pressure method, Test for Air Content of Freshly Mixed Concrete by the Pressure Method, ASTM Desig- nation C231. Mixes will be designed for the recommended air content and adequate control shall be provided to keep the air content within the required .limits. h. Consistency. The consistency of the concrete shall be such that the slump, when measured according to Test for Slump of Portland Cement Concrete, ASTM Designation C143, is the lowest compatible with workability and ease of placing. In general, the slump shall not exceed 3 inches. No additional water shall be added at the site of placement except with permission and under strict supervision of the Engineer and then only in an emergency. Such additional water shall be added only in small increments and then only in the smallest amount necessary within the required :Limits of con- sistency for the particular work, and shall be uniformly mixed and incorporated into the unplaced concrete before deposition in the forms. II-3 i. Mixing. Concrete required for blocking, encasement and other uses incidental to the installation of pipe involving small quantities may either be mixed by machine or by hand. All other concrete shall be mixed by machine. J . Mixing by Machine. The mixer to be used shall be so designed as to take one complete batch of materials using whole bags of cement only and to mix that batch thoroughly before any portion of it is withdrawn and any por- tion of the succeeding batch is introduced. In no case shall the volume of the batch to be mixed be greater than the amount of materials which can be loaded and mixed in the mixer without any loss during the loading or mixing by spilling. The mixer shall be equipped with a water tank accurately cali- brated ao that the required amount of water can be added to each batch, and with a batch meter or other suitable attachment for satisfactorily locking the discharging device so as to prevent the emptying of the drum until all of the materials have been mixed together for the minimum time required. After all the ingredients, including water, have been placed in the drum, they shall be thoroughly mixed in the mixer for a period of not less than one minute. During this period the drum shall make not less than 14 nor more than 20 revolutions per minute. k. Central Plant Concrete Mixing. In lieu of mixing on the job by machine or by hand, central plant concrete will be permitted, provided the concrete conforms to the proportioning hereinbefore specified, is mixed at a central plant or in transit in equipment approved by the Engineer, and in conformity with current ASTM Specifications for Ready-Mixed Concrete (C94) . The concrete shall be delivered to the job in batches of such size that it can be conveniently handled without setting up during placing, without seg- regation of aggregates, and of satisfactory consistency to ensure a uniform concrete mixture when placed. 1. Hand Mixing. Where hand mixing of concrete is permitted, it shall be carried out on watertight boards or pans in not more than 2-sack batches. The cement and fine aggregates shall first be mixed dry until a uniform color is obtained. The water shall then be gradually added and the mixture made into a mortar, adding additional water until the desired consistency is reached. The coarse aggregate shall then be spread upon the mortar and covered with mortar. The whole mass shall then be cut through and turned over not less than four times or until thoroughly mixed with a uniform homogeneous mixture obtained before being removed from the mixing board or pan in the place where it is to be deposited. The total amount of water shall not exceed the limitations hereinbefore specified for Class A, B or C concrete. m. Forms. Forms for concrete shall be rigidly braced so that they cannot bulge or warp and leave an unworkmanlike finished surface. They may be constructed of any material with sufficient strength which will give the finished work a satisfactory surface. They must be sufficiently tight so II-4 that mortar cannot escape from the concrete in appreciable quantity. Forms P P shall be cleaned and be thoroughly moistened or treated with form oil before concrete is placed. All exposed exterior concrete corners shall be chamfered one inch. n. Reinforcing. All reinforcing shall be rigidly fastened in the forms prior to the pouring of any concrete in such manner that the steel will be held accurately to the location shown on the Plans. Steel shall be cleaned of rust, scale, oil, or other surface matter before being placed in forms. o. Placing. The methods and equipment used for transporting concrete and the time that elapses during transportation shall be such as will not cause appreciable segregation of coarse aggregate, or slump loss in excess of one inch in the concrete as it is placed in the project. Before placing concrete in the forms or in the place of deposit, all debris and foreign materials, soft earth, or mud, shall be removed. Water shall be removed from the place of deposit. No concrete shall be placed in water. Steel or wood forms shall be oiled and treated to prevent adhesion of concrete and damage to the concrete surface upon removal of the forms. Concrete shall be placed as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. Concreting shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the forms and around reinforcing. No concrete shall be used that has partially hardened or has been contaminated by foreign material or that has AM been retempered. Placing of concrete shall be performed only in the presence TA of a duly authorized representative of the Engineer unless inspection is waived in each specific case. The temperature of concrete when it is being placed shall be not more than 90 degrees F. or less than 40 degrees F. Concrete shall be placed before initial set has occurred. Before depositing concrete on or against concrete which has taken its initial set, the surface of the hardened concrete shall be broken off down to coarse aggregate and wire-brushed to remove foreign matter and laitance. A layer of grout of the same cement-sand ratio as the concrete without. coarse aggregate shall be placed to a thickness of 1 to 2 inches on the brushed sur- face after which the new concrete shall be placed immediately. When concreting has once started, it shall be carried on as a continuous operation until the section or structural unit is completed. All concrete shall be thoroughly compacted by vibrators, spading or other suitable means during the operation of placing to ensure that concrete will flow around all reinforcement, embedded fixtures, and into the corners of the forms to give a dense finished product with true surfaces free from 11-5 honeycombing, segregation and other imperfections. Concrete shall be placed in horizontal layers of no greater depth than 18 inches. Concrete shall be placed at a suitable rate to avoid the formation of unauthorized cold joints. In no case shall vibrators be used to transport the concrete inside the forms. Care shall be taken when placing concrete through reinforcing steel so that the segregation of coarse aggregate is kept to a minimum. In such cases, spouts, elephant trunks, or other suitable means shall be used. The free fall of concrete shall be held to a practical minimum and shall not exceed 5 feet at any time. The placing of concrete shall be so planned that horizontal and vertical construction joints are made where shown on the drawings or where approved by the Engineer. Structural keys shown on the Plans shall have a minimum width of 4 inches and a depth of 1-1/2 inches. The concrete shall be left with a roughened surface for construction Joints. Waterstops shall be placed as shown on the Plans and in all construction joints subject to water on one side and where the opposite side is intended to be dry. p. Protection. The Contractor shall protect all concrete against injury until final acceptance by the Engineer. During cold weather all concrete materials and all reinforcement, forms, fill material,. and ground with which the concrete will be placed in contact, shall be free of frost or ice and snow. Whenever the temperature of the surrounding area is 40 degrees F. and falling, no concrete shall be placed unless the Contractor has on hand sufficient, suitable, and approved means of protecting the concrete. Whenever the temperature of the surrounding air is between 40 degrees F. and 32 degrees F. , all concrete placed in the forms shall have a temperature between 50 and 70 degrees F. Adequate means shall be provided for maintaining a temperature in the surrounding air no.t' less than 70 degrees F. for at least three days, or 50 degrees F. for five days. The housing, covering, or other protection used shall remain intact and in place at least 24 hours after artificial heating is discontinued. Care must be used to prevent fire hazards when using heating and no fire or ex- cessive heat shall be permitted near or in direct contact with concrete at any time. Salt or chemicals shall not be used in the concrete to prevent freezing. Whenever the temperature of the surrounding air reaches 32 degrees F. , or lower, concrete shall not be placed except with the approval. of the Engineer who shall state the time in addition to that specified herein that artifical heat and protection must be supplied. Whenever the temperature of the surrounding air reaches 20 degrees F. or lower, no concrete shall be placed except for emergencies and only with special permission and super-- ' vision of the Engineer. q. Curing of Concrete. All concrete placed when the temperature is above 40 degrees F. shall be either sprinkled continuously for 72 hours, or II-6 shall be covered with burlap which shall be kept moist for at least 72 hours. The use of membrane curing shall be permitted only when approved by the Engineer. The membrane curing compound shall be of a type approved by the Engineer. Concrete cured with water shall be kept continually wet for at least 72 hours immediately following placement of the concrete, or until covered with fresh concrete. The concrete to be cured shall be kept wet by covering an with water-saturated material or by a system of perforated pipes, mechanical sprinklers, or porous hose, or by any other approved method which will keep all surfaces to be cured continuously (not periodically) wet. Water curing shall commence as soon as the concrete has hardened sufficiently to prevent damage. Water used for curing shall meet the requirements for water used for mixing concrete. Membrane curing compound shall be applied to formed surfaces immediately after the forms are removed. If any areas require patching, or any other surface treatment, the membrane curing shall not be applied to that area until after the area has been repaired. The area to be repaired shall be kept continually wet by a method approved by the Engineer prior to the patching or surface treatment of the area. Following the patching or surface treatment and a 24-hour period of water-curing, the area may, at the Contractor's option, be treated with membrane curing compound for the remainder of the curing period. Any membrane curing compound applied to surfaces that require patching or other surface treatment, or to surfaces that are specified to be water- cured as listed above, shall be completely removed by sandblasting. Where membrane curing is used, following removal of the forms, the surfaces shall be thoroughly moistened with water and the curing compound applied as soon as free water disappears. The curing compound shall be applied to unformed surfaces as soon as free water disappears or immediately following finishing where special finishing operations are specified. The curing compound shall be applied in a two-coat continuous operation by approved power-spraying equipment and at a uniform coverage of not more than 300 square feet per gallon for each coat. All concrete surfaces on which the curing compound has been applied shall be adequately protected for a period of 72 hours from any cause which will disrupt the continuity of the curing membrane. Any curing membrane damaged during the 72-hour period shall be Aff restored as directed by the Engineer. All concrete and reinforcing steel shown on the Plans or required by the specifications shall be included in the unit price bid for each item in which the concrete is used, and will not be measured or paid for separately, except Class B and C concrete used for pipe encasement or trench backfill, which will be measured and paid for as noted elsewhere in these Specifications. ea II-7 AVINk MP 5. INTERFERENCE WITH TRAFFIC: It must be recognized that in some instances the work of this project involves the construction of sewers along the public streets of the developed municipality. Access to abutting property should be provided wherever it is possible without interference with the construction operation. The Contractor will be required to provide satisfactory bridges to allow traffic to cross over the excavated trench where the street intersection is traversed by open cut excavation. Care should be taken to avoid blocking of access to fire hydrants during this construction. After the sewer is constructed and the backfill made over the completed sewer, a temporary pavement is to be laid do down and the street open to traffic in order to provide access to abutting property as soon as possible. Open cut crossings are to be maintained for 60 days with macadam or other satisfactory material so as to provide an all- weather roadway surface, after which time the restoration of the permanent pavement of the type ordered by the Engineer shall be carried out. Payment for all work described in this paragraph shall be included in the unit price bid for "Class B Trench Excavation." 6. PROTECTION OF TREES AND RESTORATION OF LANDSCAPED AREAS: Wherever the sewer is to be built in a right-of-way located along occupied property which has been landscaped or in the sidewalk space adjacent to trees, and wherever trees are encountered adjacent to the line of the work, the Contractor's operations must be so organized and carried out as not to disturb or destroy any trees except where permission to do so has been obtained from the property owners with the Engineer's approval. The existing surface shall not be disturbed beyond the limits of the right-of-way, which shall include the necessary areas for storing of materials of construction and excavated materials. Upon completion of the work, the surface shall be replaced to conform to the original surface. Where turf has been disturbed, the completed backFilled surface shall be sodded or raked and seeded during the proper time of the year. Where excavated material is stored adjacent to trees, it shall be carried away so as not to cause injury to them in any way. If necessary, boxing shall be provided around trees, plants or shrubs. Upon completion of the work, such boxing shall be removed and the original condi- tion restored. Payment for carrying out the necessary protection and restoration of trees and landscaped area, as herein specified, shall be included in the payments made at the price bid per cubic yard for "Class B Trench Excavation." Where excavation is made through surface rock, the Contractor may be required to restore the surface to its original contour. The Contractor will replace the surface rock with Class C concrete at the direction of the I Engineer. Such concrete will be measured and paid for at the price bid per cubic yard for "Class C Concrete." II-8 WA 7. PROTECTION OF EXISTING STRUCTURES: The work must be carried out in such a manner that all structures or improvements along and adjacent to the new sewer construction are properly protected. Any damage occurring to property of others because of the Con- tractor's operation shall be repaired to the satisfaction of the owner of said private property by the Contractor and the cost considered as covered in the item of "Class B Trench Excavation." 8. PROTECTION OF POLE LINES,WATER AND GAS PIPES, AND ALL OTHER UNDERGROUND UTILITIES: On the Plans, for the work to be constructed under this Contract; is shown the record information which has been obtained from the utilities for underground pipes or conduits which exist along the line of the proposed sewers or at the location of the other improvements. The City does not guarantee the accuracy of these locations, but merely indicates the information which has been obtained from the companies owning such underground pipes or conduits. The locations of utility poles, shown as noted at the time of the survey, may have since been changed. It is assumed that the Contractor will make a field inspection of the locations of the work, and note all poles and overhead improvements which may affect his method of operation in the con- , struction of the sewers and other improvements at such locations. Such poles, overhead wires, underground pipes and conduits that may exist or may be encountered are to be protected at the Contractor's expense. Any expense or inconvenience caused by their existence, and the necessary pro- tection during the construction of the sewers or other facilities adjacent thereto, shall be considered as covered and included in the price bid for "Class B Trench Excavation," or the lump sum bid for other improvements. The Contractor shall notify the utility owners in advance of any construction which would expose underground pipelines or otherwise affect their safety. 9. REMOVAL AND REPLACEMENT OF SECONDARY PAVEMENTS: Usable dirt roads and secondary pavements, consisting largely of crushed rock and cinders, which are to be removed in the course of the construction, shall be replaced with a layer of crushed rock compacted to • minimum thickness of 8 inches. The road surface shall be maintained for • period of 60 days after initial replacement to allow for settlement and consolidation of the backfill, after which it shall be bladed to a smooth and uniform surface. No separate payment for the removal and restoration of secondary pave- ments shall be made. Payment for such removal and replacement shall be considered as included in the price bid for "Class B Trench Excavation." 1 II-9 AUh QP 10. REMOVAL AND RESTORATION OF ASPHALTIC PAVEMENT: The asphaltic pavement to be removed shall be cut to neat straight lines. After completion of the granular backfill, a layer of crushed rock shall be compacted to a minimum thickness of 8 inches. The rock course shall be primed and covered with a minimum of 2 inches of asphaltic concrete wearing surface to the cross section and grade as set by the Engineer to meet the present undisturbed pavement on each side of the area restored. Asphaltic concrete as and placing methods used shall be similar in quality to the original pavement and approved by the Engineer. The Contractor shall restore the surface to the grade specified by the Engineer, should any settlement take place within one year of the initial pavement restoration. Payment for the removal and restoration of asphaltic concrete shall be limited to an area calculated on a width equal to the trench payline widths herein specified for the particular size of sewer installed, multiplied by the length of pavement restored. Payment will be made at the price bid per square yard for "Restoration of Asphaltic Pavement," which payment shall include the whole cost of removing the existing pavement within cut straight lines, disposing of the material removed from the line of work, preparing Ask the subgrade, furnishing of plant, labor, materials, tools and all other incidentals which may be necessary for removing and restoring the pavement. 11. TRENCH EXCAVATION: The work included under "Trench Excavation" shall comprise any necessary clearing of the line on which the sewer is to be constructed; of making all excavations of all materials of every description which may be encountered and as classified hereinafter as "Trench Excavation. Class A" and "Trench Excavation, Class B"; of furnishing and placing of all shoring, sheeting and bracing which may be necessary to protect the work and to execute it; of shaping the bottom; of furnishing all equipment which may be necessary to keep the trenches free from water so that the sewers and concrete may be rM placed in the dry; of providing for the uninterrupted flow of surface water or sewage adjacent to the line of the work during the progress of the work so as not to interfere with the natural surface flows; of protecting all pipes, conduits, culverts, bridges and all other public and private property which may be endangered by the work; and of hauling away all surplus exca- vated material. A series of borings was taken along the entire length of the construction, The results of these borings are shown on the Plans for information only. There is no expressed or implied agreement or guarantee that the depths or character of materials are correctly shown or that conditions affecting the work will not differ from those shown on the Plans. All excavation shall be carried out accurately to the line and grade as shown on the Plans. The elevations shown on the profiles of the sewers are those of the flowline of the pipes. II-10 The bottom of the trench shall be over-excavated a minimum of 4 inches i below the bottom of the pipe, or to a sufficient depth to provide a stable bottom and shall be shaped for the bell at each joint of pipe to ensure uniform bearing for the entire length of the pipe. If the bottom of the excavation is found to be unstable or to include ashes, cinders, refuse, vegetable or other organic materials considered un- suitable by the Engineer, the Contractor shall excavate and remove such unsuitable material to the depth required and backfill to the original sub- grade with granular backfill, well-compacted by means of mechanical tampers or vibrators in 6-inch layers, except as noted hereinafter. If over-excavation is required by the Engineer, the quantity of such authorized additional excavation shall be determined by the Engineer, and the Contractor shall be paid by the City for the over-excavation at the unit price bid for "Class B Trench Excavation." Any unauthorized over-excavation shall also be back- filled as described above but no payment shall be made for such over-excavation and backfilling. All excavation shall be dewatered before any construction is undertaken therein. Concrete shall be placed only upon dry firm foundation material Anh and pipe shall be laid only in dry trenches. The responsibility of the Contractor with respect to the use of explo- sives in blasting includes compliance with all laws, rules and regulations of the State, the City and the insuror, governing the keeping, storage, use, manufacture, sale, handling, transportation or other distribution of explo- sives. All operations involving the handling, storage and use of explosives shall be conducted with every precaution by trained, reliable men under satisfactory supervision, Blasts shall not be fired until all persons in the vicinity have had ample notice and have reached positions out of danger therefrom. The Contractor shall advise the Engineer in advance when charges are to be set off. After a blast is fired, the Contractor shall thoroughly scale the excavation, removing all loose and shattered rock or other loose material which may be dangerous to the workmen, and the excavation shall be made safe before proceeding with the work. The fact that the removal of loose.or shattered material may enlarge the excavation beyond the required limits shall not relieva the Contractor from the necessity for making such removal, and the Contractor shall not be entitled to compensation therefor. AMhL Class A material is any material, such as solid limestone or hard stone in original bed or well-defined ledges, large boulders, detached pieces of limestone or hard stone, or mass concrete more than 9 cubic feet in volume, any of which cannot be removed by heavy equipment without drilling and blasting or wedging. Where rock or other hard material occurs in the trench so that any portion of the pipe would rest on rock or hard material, or at the direction II-11 of the Engineer, the trench excavation shall be carried to a depth below the g � P planned grade so that no rock is closer than 4 inches to the outside of the pipe at any point. The width of trenches shall be ample to permit the pipe to be laid, jointed, and covered properly. Class B material is any material not included in Class A excavation. Trenches shall be dug so that all pipes can be laid to the alignment and depth required. The width of trenches shall be ample to permit the pipe to be "laid and jointed properly and the backfill to be placed and com- pacted. Additional width shall be provided where shoring or bracing is used. ® In order to avoid superimposed loading in excess of the designed and ® specified pipe strength and to provide sufficient room for proper installation and bedding of pipe, the trench widths for the sewer pipe shall be kept within a minimum of 2 feet 4 inches and a maximum of 2 feet 10 inches. The Contractor may, at his option, where working conditions and rights- of-way permit, and with the approval of the Engineer, excavate sewer trenches with sloping sides, but with the following limitations: Only braced vertical trenches will be permitted in streets, alleys or easements which are paved, or in locations where the trenches are in close proximity to utilities, buildings, railroad tracks, or other installations which could be endangered by the excavation. Where trenches are excavated with sloping sides for pipe sewers to be installed, the slope shall not extend below a point one foot above the extrados of the pipe, and the trench excavation below the point shall be carried out with vertical sides for widths not exceeding the maximum width provided for in these specifications above. Any trench excavated with sloping sides for pipe sewers which has a width one foot above the top of the pipe in excess of the maximum trench width permitted will result in an increased load on the sewer pipe. If. slopes are allowed to extend below this .level, or if the width of the trench at this level is greater than the specified maximurn width, additional strength- ening of the pipe is required, and accordingly, wherever such conditions exist and where the fill on the pipe exceeds 6 feet, the Contractor shall place granular fill between the bottom of the trench and the level 6 inches above the top of the pipe from the outside of the pipe to the undisturbed sides of the trench. No payment shall be made for such additional granular backfilling which shall become necessary on account of the Contractor's operations in excavating trenches of excessive widths below the specified levels. Through all tillable property, a minimum of one foot of topsoil shall be removed from the trench and stockpiled for use in backfilling the upper one foot of trench after the lower portion of the backfill has been completed. II-12 ® Where necessary to protect the labor, the work or P > > adjacent property j and in all trenches with vertical sides deeper than 6 feet, the Contractor shall provide and install shoring. The sides of the trench shall be securely held by bracing or sheeting of either wood or steel. Shoring shall remain in place until the backfill has proceeded to a point where it can be safely removed. If, in the opinion of the Engineer, damage is likely to result from withdrawing shoring, it shall remain in place. Payment for all lumber left in place as ordered by the Engineer will be paid for at the price bid per an MFBM for "Lumber Ordered Left in Trench," which payment shall cover the whole cost of furnishing all material, labor, equipment, tools and all other in- cidentals which may be necessary for placing the lumber in the trench. This payment shall not cover the cost of furnishing, placing and removing lumber used for bracing during construction, which need not remain in place upon completion of the backfill. Payment for lumber used as temporary bracing shall be included in the price bid per cubic yard for "Class B Trench Excavation." Payment for trench excavation in rock, including backfill and surplus disposal shall be made at the price bid per cubic yard for "Class A Trench Excavation." Payment shall cover the whole cost of furnishing all equipment, AML labor, tools, materials and all other incidentals which may be necessary for completing the excavation. It shall cover the whole cost of rerouting all storm water or sanitary sewage flows, of protecting adjacent improvements, maintaining temporary macadam or gravel surfaces in satisfactory and safe condition for use by traffic until permanent pavement restoration is carried out, and of cleaning up the site. Payment for Class A trench excavation shall be for the volume calculated on the basis of the payline width of the trench, as herein specified, the depth from the upper rock surface to an elevation 4 inches below the re- quired bottom of the pipe, and the actual length of rock removed, up to the distance between centers of manholes. Payment for Class B trench excavation, including, backfill and surplus disposal, shall be made at the price bid per cubic yard for "Class B Trench Excavation" (including backfill and surplus disposal) . Payment shall cover the whole cost of furnishing all equipment, labor, tools, materials and all other incidentals which may be necessary for carrying out the necessary ex- cavation, pumping and fluming, and taking care of dry and storm water flows, protecting adjacent improvements, backfilling, including tamping of the backfill as herein specified, stockpiling topsoil and backfilling with top- soil where required, maintaining temporary macadam or gravel surface in satisfactory safe condition for use by traffic until the permanent pave- ment restoration is carried out, disposing of the surplus excavated materials, removing any existing sewers, and cleaning up of the site, including the furnishing, placing and removing of all sheeting and bracing which may be necessary during construction, but which is not ordered left in place and which is removed as the backfill is being carried out. r II-13 lie Payment for Class B trench excavation shall be for the volume calculated on the bards of the payline width of the trench as herein specified for the various sizes of pipe sewers, the actual depth of Class B material removed, or the depth from the surface to the pipe flowline, whichever is lesser, and the length between centers of manholes. The payline width for trench excavation to be used in calculating the volume of excavation performed under this Contract is 2 feet 4 inches for both the 8-inch and 10-inch pipe. 12. STANKS OR SHORT TUNNELS: The gravity sewers may be constructed in stanks or short tunnels where requested by the Contractor and approved by the Engineer. The top of the tunneled length shall slope upwards to each entrance to permit adequate backfilling. The tunneled portions shall be sufficiently large to allow adequate working room at the sides and above the pipe to be installed. The tunnel bottom shall be shaped as required for trench excavation. A bedding of crushed limestone and screenings shall be placed to fill any irregularities in shaping and to ensure a uniform continuous bearing for the pipe barrel at the required elevation without load on the pipe bells. After firmly bedding and jointing the pipe, the crushed limestone and screen- ings shall be solidly packed around the pipe to 6 inches above the top of the pipe. The remaining space above the top of the pipe shall be parked solidly with tamped earth free from debris, rocks, lumps or organic matter, or, at the election of the Contractor, with tamped limestone screenings . The Contractor shall carry out the work of stanking in a safe, prudent manner to avoid endangering human life or property. No separate payment for the construction of the gravity sewer in stanks or short tunnels shall be made. Payment for such stanks or short tunnels shall be considered as included in the price bid for "Class B Trench Excavation," calculated as for open trench excavatiun. 13. INSTALLATION OF VITRIFIED CLAY SEWER PIPE: Each pipe shall be set on end and rung before laying and any pipe found to be cracked or damaged shall be plainly marked in such a manner that the marking will not rub or wash off, and shall subsequently be removed from the site. Pipe shall be laid with -the bell or socket uphill to the required line and grade on a prepared subgrade excavated and shaped as hereinbefore described. 'The prepared s ubgrade shall be kept free from water during the II-14 MM laying of the pipe. Line and grade shall be maintained by the use of no less than three batter boards set at 25-foot intervals and a top line. Ex- cept by special permission of the Engineer, no pipe shall be laid except in the presence of an inspector. Each pipe as laid shall be plumbed for line with a plumb bob, and graded with a grade stick for elevation. The accuracy of the finished line and grade of the pipe shall be obtained in the prepara- tion of the subgrade. The use of approved laser beam equipment may be substituted for the offset stake-batterboard method. The laser beam projector is to be rigidly mounted, with two point suspension, to its support platforms, to assure that all ground equipment vibrations will be kept to a minimum. This will permit. the laser beam to project itself coaxially through the center of the pipe. All units must have equipment to control atmospheric conditions in the pipe that could affect the acceptable standard of construction. The laser aligning method selected must be shown to have worked satis- factorily on at least three contracts, and must be operated by competent, trained men. The equipment used must be as manufactured by Laser Align- ment, Inc. , or approved as equal. The Contractor shall set offset stakes at each manhole, plus one other r center line and offset stake as a check point. Pipe shall be laid on granular bedding material (1/2-inch maximum lime- on stone and screenings) . After the placement of the pipe, backfill to the springline of pipe shall be made with granular material placed by hand to prevent the pipe from being disturbed. Backfill shall then be completed to 6 inches above the top of pipe with granular bedding material. No walking over the completed pipe shall be allowed until the backfill has been com- pleted to at least one foot above the top of the pipe. Backfill ing of the completed pipe shall commence immediately upon completion of pipe placement. It should be noted that clay pipe must be laid through the highway right-of-way. As the work progresses, the interior of the sewer shall be cleaned of all dirt or debris of any description. _r Pipe shall be laid through line manholes, and the upper half removed 1 after the invert is completed, unless half-pipe is used. This is not ap- plicable for manholes at angle points. _) Vitrified clay pipe shall be so handled and stored that the jointing material will not be deformed or damaged. The joints shall be connected I by first brushing the proper lubricant on the clean surfaces as recommended by the pipe manufacturer. The spigot end shall be centered on grade into the bell end of the downstream pipe and shoved "home." The rubber gasket -� shall be properly positioned in the groove. �� II-15 All sewer pipe shall be laid and handled so that the allowable leakage shall not be exceeded as measured by the tests hereinafter described. All extraneous material shall be removed from the completed sewer pipes and manholes before they are accepted by the City. All vitrified clay pipe will be measured and paid for as such. Each size of pipe shall be measured and paid for at the corresponding unit price bid for each particular size of pipe installed. The length of pipe shall be the horizontal distance between the centers of manholes as measured along the alignment of the pipe. The unit prices for the 8- and 10-inch vitrified clay pipe shall include the granular bedding and all other material, labor and equipment necessary to install and test the pipe, complete in place, in accordance with the Plans and Specifications, including connections to existing pipe stubs. 14. INSTALLATION OF TRUSS PIPE: Truss pipe shall be palletized and stored on a smooth surface to avoid two-point loading which could introduce a curve in the pipe. Pipe shall not be stacked higher than 6 feet. Reasonable care shall be taken not to drop the pipe or to drag it across sharp objects. Pipe shall be laid to correct line and grade. Joints shall be solvent- welded following manufacturer's recommendations. Pipe shall not be blocked to grade, but shall be uniformly supported on granular bedding for its entire length on the lower quadrant before any backfill is begun. Bedding and initial backfill shall be as described for vitrified clay pipe in the fore- going paragraphs. Payment for truss pipe shall be made as described for vitrified clay pipe in the foregoing paragraphs. 15. INSTALLATION OF WYE JUNCTIONS: Wyes shall be installed in the same manner as specified for the pipe. Wye branches shall be closed at the outer end. A clay or concrete stopper or cap shall be placed against the shoulder or offset in the bell, groove or sockets. The space in the socket above the cap shall be filled with wet sand or clay and then covered with a thin coating of mortar so that cap is sealed but can be readily removed. Wyes will be paid for at the unit price bid for each and as an addition to the amount paid for the completed pipe sewer containing the wye. The N� payment shall include all material, labor, and equipment necessary to install i the wye including the stopper or cap. �� 11-16 16. CONCRETE ENCASEMENT: The pipe shall. be encased where shown on the Plans or where directed by the Engineer with Class B concrete of the dimensions shown on the detail on Sheet 9. The concrete may be placed against the undisturbed earth sides and bottom of the trench. Side forms may be used if necessary and if ap- proved by the Engineer. Horizontal joints will not be permitted in unrein- forced encasement. Pipe shall be supported and held in place before and during placing of concrete. The trench shall be kept dry and free of water until the concrete has set and can not be damaged by water. Backfill above the top of encasement to a level one foot above the top of pipe shall be carefully compacted with select job-excavated material. This compacted backfill below a level one foot above the pipe shall not be placed until 12 hours after the concrete encasement has been completed. Class B concrete for encasement, required where shown on the Plans or as directed by the Engineer, shall be paid for at the price bid per cubic yard for "Class B Concrete," which payment shall cover the whole cost of furnishing all materials, labor, equipment, tools, and all other incidentals Ak which may be necessary for furnishing and placing the Class B concrete. The volume to be paid for encasement under this item shall be 0.10 cubic yard per lineal foot of 8-inch sewer, and 0.11 cubic yard per lineal foot of 10-inch sewer. 17. MANHOLE CONSTRUCTION: Manholes shall be built of brick to the dimensions and at the locations as shown on the Plans or as directed by the Engineer, as rapidly as the construction of the sewer will permit. All bricks in each course shall be headers and break joints with those in the ajoining course. Each brick shall have full mortar joints on the bottom and sides, which shall be formed at one operation by placing sufficient mortar on the bed and forcing the brick into it. Horizontal joints shall not exceed 3/8 inch and vertical joints on the inside of the manholes shall not exceed 1/4 inch. The mortar for the brick work of the manholes shall be made of one part of portland cement and three parts of sand, complying with the fine aggregate specifications hereinbefore described. The sand and cement shall be thoroughly mixed dry, and the necessary quantity of clean water shall be added so as to produce a stiff mortar of the proper consistency, which mix shall be thoroughly worked with proper tools. The addition of lime will not be permitted. All joints on the inside of the manholes are to be carefully rubbed full and struck as the manhole is built up. Upon completion of each manhole, all waste mortar and debris shall be immediately removed from the bottom and the invert shaped to the dimensions shown on the Plans and all bottom joints struck or pointed. The jointing of the brick work shall be such that the II-17 �.r manhole will be watertight so that no groundwater infiltration through the F manhole ,joints will occur. The outside of the manhole shall be covered with a mortar plaster coat 1/2 inch thick. A single rowlock shall be turned over all incoming and outgoing pipes. Truss pipe shall be connected to manholes with rubber gaskets strapped to the pipe as recommended by the truss pipe manufacturer. The inverts of all manholes located at changes in alignment of the sewer shall be shaped to the incoming and outgoing pipes and smoothly curved from pipe to pipe to the top of invert at springline. On line manholes, pipe shall be laid through the manhole and the upper half removed after the invert has been completed. Half pipe may be used. As alternates, precast concrete manholes, manholes built of cast-in- place Class A concrete, or precast manhole shaft sections with cast-in-placr, base section, may be used. Joints of precast manhole sections shall be made utilizing a rubber gasket. Joints shall be self-centering. The gasket shall be the sole element utilized in sealing the joint. Plans for cast- in-place concrete manholes must be approved by the Engineer. Forms may be of steel or clean lumber, assuring a smooth finished surface. During the construction of each manhole, steps conforming to the speci- fications fur manhole steps hereinbefore described, shall be set in place on the inside of the manhole, at the spacing shown on the Plans. The top step shall not be more than 2 feet below the top of the manhole. The ends of the steps shall be firmly anchored in the wall, allowing cast-iron steps to project 5 inches from the inside of the manhole, plastic steps to project 6 inches. Manholes shall be covered with standard cast-iron frames and covers of the dimensions and materials herein specified. Frames shall be set in place on a mortar bed and closed with covers. All manholes will be measured and paid for as manholes of the appro- priate depth as bid in the Proposal. The depth of manholes shall be measured from the invert of the sewer to the top of the cast-iron frame and shall be paid for at the appropriate ® unit price bid. Payment for all work included in this paragraph shall be included in the unit price for the various depth manholes and shall include all neces- sary labor, material and equipment for constructing the manholes, including additional excavation beyond the trench payline width and depth, concrete base, cast-iron frame and cover, steps, backfilling, and all other work necessary to construct the manhole in place. 11-18 Outside drops shall be constructed as shown on tlif,. Plans. Payment will be made for completed outside drops as an addition to the payment made for the completed manhole. Payment will be made for each drop at the lump sum bid price for each, and shall include all costs of excavation, lumber left in trench, concrete or brick masonry, drop pipe, pipe elbow, jointing, and the additional cost of the pipe ,junction on the sewer and its concrete encasement. la. STUBS IN MANHOLES: There are shown on the Plans approximate locations of stubs at manholes to be provided for future connections. The Engineer may change the location of such stubs and may order additional stubs installed if the improvements along the line of the work make such changes or additions necessary. The stubs shall be closed with a clay or concrete stopper or cap cemented in place as specified in Section II, Paragraph 17, "Installation of Wye Junc- tions," so as to prevent groundwater infiltration through the stub. Payment for furnishing the stubs, including stoppers cemented in place, will be made at the price bid per "Pipe Stub in Manhole" of the size used. This payment shall cover the whole cost of installing, complete in place, the pipe stub and stopper where ordered. 19. TRENCH BACKFILL: The backfilling of the completed pipe sewers shall commence immediately after the sewer has been laid, with care being taken not to disturb the pipe joints or shift the pipe. The initial backfill around the pipe to the un- disturbed sides of the trench shall be made with 1/2-inch maximum crushed rock and limestone screenings and shall be carried to a level 6 inches above the top of the pipe. An additional 6-inch layer of selected job-excavated material placed over the top of the granular fill shall be carefully tamped to avoid damage to the pipe. No walking over the completed pipe sewer will be allowed until the one foot of backfill over the pipe has been completed. Where the Contractor excavates below the planned subgrade for pipe lines, the over-excavation shall be backfilled with granular material well compacted in 6-inch layers to a point 4 inches below the proposed bottom of p1pe. Only granular material placed in over-excavation authorized by the Engineer will. be measured and paid for at the price bid per cubic yard for "Crushed Rock for Subgrade Replacement," which payment shall cover the whole cost of furnishing all materials, labor, equipment, tools and other incidentals necessary to furnish and place the granular material. The volume to be paid for under this item shall be limited to the volume computed within the payline widths and for the depths and lengths as ordered by the Engineer. Crushed rock placed in over-excavation not authorized by the Engineer shall be included in the cost of "Class B Trench Excavation." en II-19 Backfilling shall be completed to ensure restoration of the ground surface to its original condition. Backfill in open fields may be completed without further compaction above one foot over the extrados, or without flushing. The fill shall be mounded over the trench to allow for future settlement. The top one foot of backfil.l shall be made through tillable areas with stockpiled topsoil, as required in Section 11, "Trench Excavation." Backfill of the trenches crossing beneath asphaltic concrete or bitu- minous macadam pavement shall be made with granular materials. Payment for granular fill will be made at the bid price per cubic yard for "Granular Backfill" for the volume in place after final, compaction. The volume of granular fill used beneath pavements which are removed and replaced shall be computed from the actual length of the trench filled, the payline width and the depth equal to the average distance from road subgrade elevation to one foot above the top of pipe. All surplus excavated material which is not usable for Backfill shall be hauled from the work site. The cost of all work included in this paragraph shall be included with the cost of the excavation requiring the backfilling or filling operation, except as noted above. 20. LEAKAGE TESTS FOR GRAVITY SEWERS: WA Upon completion of a section of the sewer, the Contractor shall de-water it and conduct a satisfactory test to measure the infiltration for at least two hours. The amount of infiltration, including manholes, Y-branches, and connections shall not exceed 500 gallons per inch-diarneter per mile of Rewer per 24 hours. The Contractor shall be responsible for the satisfactory watertightness of the entire section of sewer and shall satisfactorily re- pair all joints or other locations that are not sufficiently watertight:. As required, suitable bulkheads shall be installed to permit the test of the sewer. Where the ground-water level is less than one foot above the top of the pipe at its upper end, the sewers shall be subjected to an internal pressure by plugging the pipe at the lower end and then filling the pipelines and manholes with clean water to a height of 2 feet above the top of the sewer at its upper end. No section of completed sewer shall be tested with an internal pressure of over 10 feet. The rate of leakage from the sewers shall be determined by measuring the amount of water required to maintain the level 2 feet above the top of the pipe for a period of at least 2 hours, commencing one hour after the pipeline filling is completed. II-20 S Leakage from the sewers under test shall not exceed the requirements for leakage into sewers as hereinbefore specified. The Contractor shall construct such weirs or other means of measurements as may be required, shall furnish water and shall do all necessary pumping to enable the tests to be properly made. Should the sections under test fail to meet the requirements, the Con- tractor shall do all work of locating and repairing leaks and re-testing as the Engineer may require without additional compensation. Payment for all work included in this section shall be included in the payment for pipe in place as herein specified. t;y 11-21