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HomeMy Public PortalAboutORD08926 BILL NO. INTRODUCED BY COUNCILMEN r '2 c I � 'I ORDINANCE NO. � i AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTROAIZING AND DIRECTING THE MAYOR AND CLERK OF THE CITY OF EXECUTE A i WRITTEN CONTRACT WITH VAUGHAN CONSTRUCTION COMPANY, INC. , OF JEFFERSON CITY, MISSOURI , RELATING TO THE CONSTRUCTION OF !� THE MAIN BRANCH WEARS CREEK SANITARY INTERCEPTOR SEWERS. 1 BE IT ORDAINED BY THE 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 1 execute a written contract with Vaughan Construction Company, Inc. , of Jefferson City, Missouri , relating to the construc- tion of the Main Branch Wears Creek Sanitary Interceptor Sewers. ( SECTION 2 . Said contract shall read in words and figures as follows : (SEE ATTACHED) SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed: Approved : P sident of t C uncil May r �i Attest : City C ' rk 1� I� t ® CONTRACT CHANGE ORDER NO. .I. volt THE CONSTRUCTION OF THI: MAIN BRANCH WEARS CREEK SANITARY INTERCEPTOR SEWER PROJECT IN ;iEFFERSON CITY, MISSOURI Project No. C-290804-01 Contract Date: 197 To: Vaughan Construction Co. Description of Change: Federal Wage Determination No. MO 76-4159 supercedes No. ' MO 76-4105, and is applicable to Project No. C-290804-01. Change in Contract Price: None Change in Line of Completion: None 'Change Requested By: Environmental Protection Agency (Letter from Scott McMoran, Grants Specialist, dated November 17, 1976) Reason for Change: Issuance of new wage determination superceding previous determination. Change Order Prepared By: ice/ G Date Horner & Shifrin, Inc Change Order Agreed to By: Date aughan Construction Change Order Accepted By: /Y- Da c te C y , of f. rso , so iri Y ter„'"" :.... ..�.._...�__. • I ou oauua000 � '.p•. w � • r = , •,1 • O C •r M It •, • , �e !�• 9y Cu N Y O i 4 .OOy 7c 1i w qN 3 = oo f•1 y e i i.ic.w r7 u.•A ,l�o .n • 7 ' All A • N pp OYJ q y • ••' P O O O O O O O O ,9,] y • •'� a C O Y •• 1iN N r - , .,, /1.1/1•ry nn+1MAA••1 , H A r Y ■ • U p A w •+ q•' •AY• � ' • n.VNh N ■ p� '� y0 A P •r1• ►,Y C Y Y : r —� O••1J NJ•1 r1 J►1N••1 •3 a O • M N {oQpi C yyy�ptl'• •M •O ■ ~ Y M A Y M N e w .•i •A S �"�' � •'OO�Oew OOOO ;.w y• � OZM •Han-• ±••• Y� • • �Z 0.HNa Nwd N�•yM p yy � ., � .P. ••1 O.•Fi opa_� pY�•J t� ■� u :*� a A.R• w 0 �O�•• �V L7 F oN �O R • ' ,� • , y F M • 0 b w w R O • M a • ' • N y � Y V • O M O ••V 08.6 • . •• � , ' _.. • _ A A ��•+�it � P~ i • a O A •Q •. • ... ^ '• 1 4>I s O • A • R S OyI •• w V M M �- �I ' M •o-7l• 1 0 0,o V 1ppp-,,.i P s • !!!G••.ip •a •• r C C ►•M O v M •� a gyp•• •, Od R .• C C t0 R M • O a 4• •e .0 V Y V C M O ��11 Y Y • • „~,, M •1 Y0. •Kt M .O■: O N OO •� Q J1 •.1 U V r • pO 7.• R N •-- .. 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U .11 f1 1• Y N • • M _ w� • � � M M y pY� M ••1..•i •n ♦p� :���p.•n � 7 f�a K�. • •r • _., I i � r •�; /•• �,•• • • yM; + 6�: tl Y ° .•r • •.Ai�M O■ M •lL•■~yqv D.•YV�• � • I I• • MM} ■ 4 o Y !■o •� ••7 • • M o •.�1• fI , •�' '~ V` / o•• P/o`tl-Y> eY • ■ 1=L �•i hJ.•i.4 Y O►• i ( ' r 'Y A J i{ Y J• p ' M • y ■• p U A q i O ON • � • � • 1 � O 7 M-•� O y a Y ',.. . o w S N 1i ♦U Y �. �.�i • ' � • • .• Y N q •l • i O Y�ii q 11 N(1 .I M H I •� • 1 • 1 • 1 M O 1 1 '. •x •• • Y� 11 ' 1 'rJ MN �I.y� Yyr\ • 1 1 I f •O • .r�p1+ ° Y I•A i 06 6 :O • 1 •d6 L Ilr Cly/7 7 ° U O •a � • {: � OIJ C�.°i •V}L���I i 'll�1.�' J U C1 • • Y Y !' C YI P • Y V S U I'•'..'•�I I r =I•d•� •NI'� N I NII r. 1 � ,I S , ADDENDUM N0, 1 TO SPECIFICATIONS FOR THE CONSTRUCTION OF THE MAIN BRANCH WEARS CREEK SANITARY INTERCEPTOR SEWER PROJECT IN JEFFERSON CITY, MISSOURI PROJECT NO. C290840-01 JULY 1976 HORNER & SHIFRIN, INC. Consulting Engineers 5200 Oakland Avenue St. Louis, Missouri November 2, 1976 7 321 ADDENDUM N0. 1 1 • Item 1. To Section 1, Materials of Construction, 10, Vitrified Clay Pipe, add the following: �. Vitrified clay pipe may be used in the 18-inch and 21-inch diameter sewers at the Contractor's option. 1 • 1 e• CITY OF JEFFERSON MISSOURI t SPECIFICATIONS FOR THE CONSTRUCTION OF THE MAIN BRANCH WEARS CREEK SANITARY INTERCEPTOR SEWER PROJECT IN JEFFERSON CITY, MISSOURI. Project Number C-290840-01 HORNER & SHIFRIN, INC. ' Consulting Engineers St. Louis, Missouri ' July 1976 7321 TABLE OF CONTENTS Page ADVERTISEMENT FOR BIDS A-1 INFORMATION FOR BIDDERS 1. Scope of Work IB-1 2. Inspection of Site and Working Conditions IB-1 3. Check of Plans and Specifications by Contractor IB-1 4. Interpretation of Contract Documents IB-1 5. Intent of Plans and Specifications IB-2 6. Qualification of Bidders IB-2 7. Equivalent Material IB-2 8. Bid Security IB-2 9. Preparation of Bids IB-3 10. Prices IB-3 11. Approximate Quantities IB-3 12. Lump Sum Items IB-3 13. Alterations IB-3 14. Signatures IB-4 15. Residence of Bidders IB-4 16. Submission of Proposal IB-4 17. Withdrawal of Proposals IB-4 18. No Bids Received After Time Set for Opening IB-4 . 19. Right to Reject Bids. IB-4 20. Bidders to be Present IB-4 21. Comparison of Bids IB-5 22. Award of Contract IB-5 23. Performance Bond IB-5 24. Notice to Proceed IB-5 25. Time of Completion IB-5 26. Bid Security Returned to Successful Bidder IB-5 27. Indemnification and Insurance IB-6 28. Assignment IB-6 29. Payment IB-6 30. Nondiscrimination in Employment IB-6 31. Funding of Contract IB-7 PROPOSAL P-1 CONTRACT C-1 PERFORMANCE BOND PB-1 GENERAL CONDITIONS 1. Definitions GC-1 2. Correlation, Interpretation and Intent of Contract Documents GC-2 ' TC-1 ® TABLE OF CONTENTS - Continued Page 3. Notice and Service Thereof GC-2 4. Copies of Plans Furnished GC-2 5. Order of Completion GC-3 6. Contractor's Understanding GC-3 7. Materials, Services and Facilities GC-3 8. "Or Equal" Clause GC-3 9. Royalties and Patents GC-4 10. Surveys, Permits and Regulations GC-4 11. Protection of Work and Property GC-4 •12. Inspection and Examination of the Work GC-5 13. Removal of Improper Material GC-6 14. Superintendence; Supervision GC-6 15. Changes in the Work GC-6 16. Extras GC-7 17. Claims for Extra Cost GC-7 18. Deductions for Uncorrected Work GC-7 19. Delays and Extension of Time GC-8 ® 20. Suspension of Work GC-8 21. Owner's Right to Do Work GC-8 22. Right of the Owner to Terminate Contract GC-8 23. Contractor's Right to Terminate Contract GC-9 24. Removal of Equipment GC-9 25. Use of Completed Portions GC-9 26. Owner's Right to Withhold Certain Amounts and Make Application Thereof GC-10 27. Damages GC-10 28. Liens GC-10 29. Assignments GC-11 30. Rights of Various Interests GC-11 31: Other Contracts GC-11 32. Approval of Subcontracts GC-11 33. Points and Instructions GC-12 34. Engineer's Status GC-12 35. Engineer's Decision GC-12 36. Review of Decisions GC-13 37. Lands for Work GC-13 38. Cleaning Up GC-13 39. Indemnification and Insurance GC-13 • SPECIAL CONDITIONS 1. Schedule of Drawings SC-1 2. Easements and Working Space SC-1 3. Borings SC-2 4. Sanitary Regulations SC-2 TC-2 TABLE OF CONTENTS - CONTINUED 1 _._$__ S. Utilities SC-2 6. Approval of Shop Drawings SC-2 7. Wage Determinations SC-3 8. Prevailing Hourly Wage Rate - State of Missouri SC-3 9. Nondiscrimination in Employment SC-4 10. Accident Prevention SC-4 11. Construction Safety and Health Standards SC-5 12. Access to Work. SC-5 13. Signs SC-5 14. Certificate of Nonsegregated Facilities SC-5 15. Equal Opportunity Clause for Subcontractors SC-6 16. Deposits of Historical and Archeological Interest SC-6 17. Flooding and Weather SC-6 18. Audit SC-6 19. Indemnification and Insurance SC-6 TECHNICAL, SPECIFICATIONS SECTION I - MATERIALS OF CONSTRUCTION , 1. Materials and Inspection I-1 2. Concrete Aggregates I-1 3. Granular Material for Backfill I-4 4. Portland Cement I-4 5. Admixtures I-5 6. Water I-6 7. Reinforcing Steel I-6 8. Plastic Mortar Pipe I-6 9. Concrete Sewer Pipe I-7 10. Vitrified Clay Pipe I-7 11. Truss Pipe I-8 12. Wye Junctions I-9 13. Manhole Brick I-9 14. Materials for Masonry Mortar I-9 15. Precast Concrete Manholes I-9 16. Manhole frames and Covers I-9 17. Manhole Steps I-10 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 ' TC-3 ® TABLE OF CONTENTS - Continued ® ® Page 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 11-9 10. Removal and Restoration of Asphaltic Pavement II-10 11. Trench Excavation II-10 12. Stanks or Short Tunnels 1I-15 13. Installation of Sewer Pipe II-15 14. Installation of Wye Junctions II-17 15. Concrete Encasement II-18 16. Manhole Construction II-18 17. Stubs in Manholes 1I-20 18. Trench Backfill II-20 19. Leakage Tests for Gravity Sewers II-21 • TC-4 ADVERTISEMENT FOR BIDS Notice is hereby given that sealed proposals for the construction of approximately 2,590 feet of 21-inch pipe sewer; 3,190 feet of 18-inch pipe sewer; 6,010 feet of 15-inch pipe sewer; 1,895 feet of 12-inch pipe sewer; 2,910 feet of 10-inch pipe sewer; 3,990 feet of 8-inch pipe sewer; and the necessary appurtenances and structures for the City of Jefferson, Missouri, will be received at the City Hall, Jefferson City, Missouri, until 8 p.m. , C.D.T. , at which time they will be publicly opened and read. The Plans and Specifications for the proposed work are on file and may be examined in the office of the Director of Public Works in the City Hall, Jefferson City, Missouri, and the office of Horner & Shifrin, Inc. , Consulting Engineers, 5200 Oakland Avenue, St. Louis, Missouri, 63110. Copies of the Contract Documents may be obtained from Horner & Shifrin, Inc. , Consulting Engineers, upon deposit of Twenty Dollars ($20.00), which sum will be refunded to every bidder who submits a bona fide pro- posal for the work and who returns the Plans and Specifications in good condition within ten (10) days after the time set for the opening of bids. No refund will be made for Plans and Specifications received after this ten (10) day period. Each bid must be accompanied by a certified check, a cashier's check, or bid bond, payable to the City of Jefferson, Missouri, in the amount of ten per cent (10%) of the amount of the bid as a guarantee that the successful bidder or bidders will enter into contract and furnish a performance bond in the full amount of the Contract within ten (10) days after the award is made. Attention of bidders particularly is called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the Contract. Nondiscrimination in Employment - Bidders on this work will be re- quired to comply with the President's Executive Order No. 11246, Require- ments for bidders and contractors under this order are explained in the specifications. All proposals shall be made on the removable printed forms bound in the back of the Specifications. The City of Jefferson hereby reserves the right to reject any or all bids, to waive any informalities in the ' bids received, and to accept the bid or bids that in its judgment will be for the best interest of the City of Jefferson, Missouri. HORNER & SHIFRIN, INC. ' Consulting Engineers for CITY OF JEFFERSON, MISSOURI r A-1 INFORMATION FOR BIDDERS 1. SCOPE OF WORK: The work shall consist of the construction of approximately 2,590 feet of 21-inch pipe sewer; 3,190 feet of 18-inch pipe sewer; 6,010 feet of 15-inch pipe sewer; 1,895 feet of 12-inch pipe sewer; 2,910 feet of 10-inch pipe sewer; 3,990 feet of 8-inch pipe sewer, and the necessary appurtenances and structures for the City of Jefferson, Missouri, in ac- cordance with the Plans and Specifications prepared by Horner & Shifrin, Inc. , Consulting Engineers. 2. INSPECTION OF SITE AND WORKING CONDITIONS: Bidders or their authorized agents are required to examine the maps and drawings in the office of the Owner which are open to their inspec- tion, to visit the locality of the work, and to inform themselves fully of the conditions relating to construction and labor under which the work will be or is now being performed. The Contractor must employ, so far as possible, such methods and means in the carrying out of this work as will not cause any interruption to, or interference with any other contractor. 3. CHECK OF PLANS AND SPECIFICATIONS BY CONTRACTOR: The Contractor shall read thoroughly the Specifications and study the accompanying Plans to assure himself that no discrepancies exist be- tween the Plans, Specifications and field conditions. Should such dis- crepancies exist, the Engineer should be notified. The Contractor shall not be permitted to use to his advantage any omission or error in the Plans or Contract Documents and the Engineer retains the right to issue new instructions for such error or omission and the Contractor shall carry out such instructions as if originally specified. 4. INTERPRETATION OF CONTRACT DOCUMENTS: If the bidder has any questions which arise concerning the true mean- ing or intent of the Plans, Specifications, or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing that an interpretation be made and an addendum be issued by the Engineer, which shall then be delivered to all bidders to whom Plans 1 and Specifications have been issued. Failure to have requested an addendum 40 covering any questions affecting the interpretation of the Plans and Speci- fications shall not relieve the Contractor from delivering the completed project in accordance with the intent of the Plans and Specifications to provide a workable project. IB-1 D 5. INTENT OF PLANS AND SPECIFICATIONS: The general intent of the Plans and Specifications is to supplement one another, and not necessarily to duplicate one another, so as to pro- duce one complete set of Plans and Specifications. Any work exhibited in one and not the other shall be interpreted as though set forth in both. 6. QUALIFICATION OF BIDDERS: The Owner may make such investigations as he deems necessary to deter- mine 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. It shall include also, if requested, a detailed list of the plant and equipment which the bidder proposes to use, indicating which portions he already possesses, and a detailed description of the method and program of the work he proposes to follow. 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. 7. EQUIVALENT MATERIAL: Wherever definite reference is made in these Specifications to the use of any particular material or equipment, it is to be understood that any equivalent material or equipment may be used which will perform ade- quately the duties imposed by the general design, subject to the approval of the Engineer. 8. BID SECURITY: Each bid must be accompanied by a deposit of not less than ten per cent (10%) of the amount of the bid. The deposit shall consist of a certified check, a cashier's check, or bid bond payable to the Owner. Within seven (7) days after the formal opening of bids, checks or bid bonds will be returned except those deposited by the three (3) lowest formal bidders, which with the exception of the bid security of the suc- cessful bidder will be returned within seven (7) days after the execution of the Contract between the successful bidder and the Owner. The bid security of the successful bidder will be returned to him without interest , when the construction Contract is executed and satisfactory performance bond is delivered to the Owner. Should the successful bidder or bidders fail or refuse to execute , the bond and the Contract required within ten (10) days after he has re- ceived notice of acceptance of his bid, he shall forfeit to the Owner, as , liquidated damages for such failure or refusal, the security deposited with his bid. IB-2 9. PREPARATION OF BIDS: Bids must be made upon the prescribed forms attached at the back of these Specifications. Only sealed bids will be considered, all proposals otherwise submitted will be rejected as irregular. All sales taxes which might lawfully be assessed against the Owner are to be paid by the Contractor from the moneys obtained in satisfaction of his Contract, it being understood by the bidder that the bid prices submitted shall include the cost of such taxes. All blank spaces in the Proposal must be filled in and no change shall be made in the phraseology of the Proposal, or addition to the items mentioned therein. Any conditions, limitations or provisions attached to proposals will render them informal and may be considered cause for their rejection. 10. PRICES: The price submitted for each item of the work shall include all costs of whatever nature involved in its construction, complete in place, as de- scribed in the Specifications. 11. APPROXIMATE QUANTITIES: In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated in the proposal will not be used in establishing final payment due the successful Contractor. The quantities stated on which unit prices are so invited are approximate only, and each bidder shall make his own estimate from the plans of the quantities re- quired on each item and calculate his unit price bid for each item accordingly. Bids will be compared on the basis of number of units stated in the Proposal. Such estimated quantities, while made from the best information available, are approximate only. Payment on the Contract will be based on actual number of units installed on the completed work. 12. LUMP SUM ITEMS: Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall include the costs of all labor, mate- rials, tools, and equipment to construct the item as described herein and to the limits shown on the Plans. 13. ALTERATIONS: • ' Alterations by erasures or interlineation must be explained or noted in the Proposal over the signature of the bidder. ' IB-3 r 14. SIGNATURES: A proposal by a person who affixes to his signature the word "President, " "Secretary," "Agent," or other designation, without disclosing his principal, is the proposal of the individual. That by a corporation should be signed with the name of the corporation followed by the signature of the president, secretary, or other person authorized to bind it in the matter, who should file evidence of his authority to do so. That by a firm should be signed with the firm name, either by a member thereof or by its president, giving the names of all members of the firm. Anyone signing the proposal as the agent of another or others, must file with it legal evidence of his authority to do so. 15. RESIDENCE OF BIDDERS: The place of residence and post office address, with County and State of every bidder, and telephone number, must be given after his signature. 16. SUBMISSION OF PROPOSAL: t The Proposal and the Bid Security guaranteeing the same shall be placed in a sealed envelope addressed to The Honorable Mayor and City Council at the City of Jefferson, Missouri, and marked "Proposal for Sanitary Trunk Sewer Project for the City of Jefferson, Missouri." 17. WITHDRAWAL OF PROPOSALS: If a bidder wishes to withdraw his Proposal, he may do so 'before the time fixed for the opening, without prejudice to himself. No bidder may withdraw his Proposal for a period of ninety (90) days after the scheduled closing time for the receipt of bids. 18. NO BIDS RECEIVED AFTER TIME SET FOR OPENING: No bids received after the time set for opening of Proposals will be considered. 19. RIGHT TO REJECT BIDS: ' The City of Jefferson reserves the right to reject any or all bids, to waive any informality in the bids received, or to accept the bid or bids that in its judgment will be for the best interest of the City of ' Jefferson. 20. BIDDERS TO BE PRESENT: , Bidders are invited to be present at the opening of the bids. IB-4 21. COMPARISON OF BIDS: Bids will be compared by computing the total, price based upon the esti- mated quantities stated in the Proposal and the unit price or lump sum bid for each item. The Contract will be awarded to the bidder submitting the lowest and best bid, considering the Contractor's experience and ability to do the work. 22. AWARD OF CONTRACT: If, within ten (10) days after he has received notice of acceptance of his bid, the successful bidder shall refuse or neglect to come to the office of the Owner and to execute the Contract and to furnish the required Performance Bond, properly signed by the Contractor, and the surety or sureties satisfactory to the Owner as hereinafter provided, the bidder or bidders shall be deemed to be in default and shall forfeit his deposit. 23. PERFORMANCE BOND: A Performance Bond in an amount equivalent to one hundred per cent (100%) of the Contract price, must be furnished and executed by the suc- cessful bidder, or bidders, this bond to be in the form contained in this Contract. The Surety shall be a corporate surety company or companies of recog- nized standing, licensed to do business in the State of Missouri and acceptable to the Owner. 24. NOTICE TO PROCEED: A written notice to begin construction work will be given to the Contractor by the Owner within sixty (60) days after the Contractor is notified of the acceptance of his Proposal. The time for completion of the project shall begin to run on the date established in this notice. 25. TIME OF COMPLETION: The Contract provides that construction work must begin within ten (10) days after written notice to do so shall have been given to the Contractor and shall be carried on at a rate to secure the full completion of the Contract in two hundred seventy (270) calendar days, the rate of ® progress and the time of completion being essential conditions of this Agreement. 26. BID SECURITY RETURNED TO SUCCESSFUL BIDDER: Upon the execution of the Contract and approval of Bond, the Bid 1 Security will be returned to the bidder unless the same shall have been IB-5 presented for collection prior to such time, in which case the amount of the deposit will be refunded by the City of Jefferson. 21. INDEMNIFICATION AND INSURANCE: Before commencing any work under this Contract, the Contractor will be required to procure and keep in effect during the period of work thereon, at the Contractor's own cost and expense, the insurance specified in the General Conditions of these Specifications, indemnifying and holding harm- less the Owner and the Engineer. 28. ASSIGNMENT: No assignment by the Contractor of any principal construction con- tract or any part thereof, or of the funds to be received thereunder by the Contractor will be recognized unless such assignment has had the ap- proval of the Owner, and the Surety has been given due notice of such assignment in writing in accordance with the terms of its bond. No assignment will receive approval unless the instrument of assign- ment contains a clausie to the effect that it is agreed that the funds to be paid to the assignee under the assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said Contract in favor of all persons, firms, or corporations rendering such services or supplying such materials. 29. PAYMENT: Payment to the Contractor for all work performed on the project shall be cash payments from funds made available through the sale of General Obligation Bonds. 30. NONDISCRIMINATION IN EMPLOYMENT: Contracts for work under this proposal will obligate the contractors and subcontractors not to discriminate In employment practices. Bidders must submit with their initial bid a signed statement as to whether they have previously performed work subject to the President's Executive Order No. 11246 of September 24, 1965, as amended. Bidders must, if requested, submit a compliance report concerning their employment practices and policies in order to maintain their eligi- bility to receive the award of the Contract. , Successful bidders must, if requested, submit a list of all subcon- tractors who will perform work on the project and written signed statements from authorized agents of the labor pools with which they will or may deal for employees on the work together with supporting information to the effect IB-6 , that said labor pools' practices and policies are in conformity with ® Executive Order No. 11246 of September 24, 1965, as amended, and that said labor pools will affirmatively cooperate in or offer no hindrance to the recruitment, employment and equal treatment of employees seeking employment and performing work under the Contract or a certification as to what efforts have been made to secure such statements when such agents or labor pools have failed or refused to furnish same prior to the award of the Contract. Successful bidders must be prepared to comply in all respects with the Contract Provisions regarding nondiscrimination as contained in the Labor Standards Contract Provisions, February 1969, a copy of which follows. 31. FUNDING OF CONTRACT: The portion of the contract for the Main Interceptor and Interceptors A and B awarded under this Invitation for Bids is expected to be funded in part by a grant from the U.S. Environmental Protection Agency. Neither the United States nor any of its departments, agencies or em- ployees is or will be a party to this Invitation for Bids or any resulting contract. Interceptors C and D will be funded by the City without grant funds. As a consequence of the above, two sets of the unit prices are re- quired in the proposal and in the contract. However, the work included shall be performed as one contract. .1 IB-7 PROPOSAL Date '4� 1 e-rsd The Honorable Mayor and City Council t City of Jefferson City Hall Jefferson City, Missouri 65101 Gentlemen: In accordance with the advertisement inviting proposals for the construction of a Sanitary Trunk Sewer Project (Main Branch Wears Creek Interceptors) for the City of Jefferson, Missouri, subject to the con- ditions and requirements of the General Conditions of the Contract, the Special Conditions of the Contract, the Specifications, including Addenda Nos. _/, , , — and , hereto attached, and the Plans, which so far as they relate to the Proposal, are made a part of it, the undersigned herewith proposes to construct the specified work within two _. hundred seventy (270) calendar days after receipt of notice to proceed for the following unit prices: Main Interceptor and Interceptors A and B (Funded in Part by Grant Funds) Item Estimated Unit Extended No. Pay Item Quantity Unit Price Bid Price 1. Trench Excavation, Class A 1,425 cu.yd. oa 2. Trench Excavation, Class B 15,900 cu.yd. s-4,21—, 3. In Place, 8-Inch Pipe 3,335 lin. ft. sly/ s= 4. In Place, 10-Inch Pipe 2,910 lin.ft. $ `� ' $ G 5. In Place, 12-Inch Pipe 1,895 lin.ft. $ $ 6. In Place, 15-Inch Pipe 6,010 lin.ft. t. e • 7. In Place, 18-Inch Pipe 3,190 lin.ft. 8. In Place, 21-Inch Pipe 2,590 lin.ft. $ /S/S $3y 2 3`6/sC 9. 6-Inch on 8-Inch Wye Junction 10 each -I CIO P-1 i Item l,atimated UnI t Extended No. Lay Item (Juan tity Unit Price Pid Price (ICI eU 10. 6-Inch on 10-Inch Wye Junction 7 each $ 30 $_ 6210 11. 6-Inch on 12-I.nch Wye Junction 4 each $ /00-11 - $ /60. 12. 6-Inch on 15-Inch Wye Junction 15 each $ So "G 13. 6-Inch on 18-Inch Wye Junction 8 each $ �s� $ '40.0 n 14. 6-Inch on 21-Inch Wye CA Junction 6 each �-'" i Manholes, Complete in Place, 15. Depth Less than 6 Feet 10 each $ ySo e-0 $ VS-0 o i 16. Depth Over 6 Feet to 8 Feet 18 each $ S'FV $ y);z 0 °o 17. Depth Over 8 Feet to 10 Feet 21 each $ 63n ��� $ /,3 18. Depth Over 10 Feet to 12 Feet 13 each $ 22- 0 `1.36 0 0 n 19. Depth Over 12 Feet to 14 Feet 2 each 0_ $ /6 .20 °- r 20. 6-Inch Pipe Stub in Manhole 1 each $ a5 -n $ .wa raj 21. 8-Inch Pipe Stub in Manhole 30 each $ 'I S``C $ 7-1'0 22. 10-Inch Pipe Stub in Manhole 2 each $ too $ 23. 12-Inch Pipe Stub in Manhole 1 each $ `'=� $ 3S c a / 24. Crushed Rock for Subgrade , Replacement 50 cu.yd. $ s3' �'^ $ Yy n c� 25. Granular Backf ill 110 cu.yd. $ )�U $ :;,.z S G G J 26. Lumber Ordered Left in o 0 Trench 3 MFBM t27. Class "B" Concrete 85 cu.yd. $ Sc� °-"� $ !/.h.5'c9 p-G � 49 ACS O o 28. Class "C" Concrete 10 cu.yd. $ -/b' $ I/ya 29. Replacement of Asphaltic Concrete Pavement 50 sq.yd. `Z $ 6 0 O o Subtotal $ .33S"3 Y4 (For Main Interceptor and Interceptors A and B) r P-2 1 • ~ ]nterceptorn C and 1) (Funded by City Only) ® Item Estimated Unit Extended No. Pay Item Quantity Unit Price Bid Price le. Trench Excavation Class A 10 cu. d, 2c. Trench Excavation, Class B 520 cu.yd. $ -V. �� $ 2/ 3? � 3c. In Place, 8-Inch Pipe 650 lin.ft. $ 9-`=- $ 31 t- � 0 r Manholes, Complete in Place nJ 4c. Depth Over 6 Feet to 8 Feet 1 each $ tao -' $ SCylo 00 5c. Depth Over 10 Feet to 12 Feet 1 each $ -�'G' $ �nZr-> ye 6c. Granular Backfill 35 cu-yd. $ 7 $_AL I!— 7c. Replacement of Asphaltic L Concrete Pavement 20 sq.yd. $ /.,2 $ .2 1 (For Interceptors C and D) Subtotal Bid $ ' Total Bid $ ;7L� )y � SP>CIAL PROPOSAL REQUIREMENTS Suitable bid security in the amount of Z3 4'�?) 7 o-q ., y y Dollars ($ .',3 .220 ) as called for in the Advertisement for Bids accompanies this Proposal. This sum is to be forfeited to the City of Jefferson if the party, or parties, making this Proposal fail to enter into contract with approved securities within ten (10) days after the award of the Contract has been i made. `r The undersigned has examined the Plans and Specifications for, and the location of the project, and has satisfied himself as to the work to be done and the conditions under which it must be carried out. �� �•, This Proposal shall be equally binding on heirs, adminis- trators, executors, successors, and assigns. J Firm Name / LL Address " = 5 BY t S -° i nat re) �.: Telephone No. � ,) l Title P-3 r� CONTRACT AGREEMENT THIS AGREEMEINT, made and concluded this /0 day of k946-, by and between --Vaughan Construction Co. Inc. hereinafter called the Contractor,' and the City of Jefferson, Missouri, thereinafter called the "City." WITNESSETH, THAT, whereas the Council of the City of Jefferson by Resolution adopted at a meeting held on , 1976, and by virtue of authority vested in said Council, has awarded to the Contractor the work of performing certain construction. , NOW, THEREFORE, the Contractor and the City, for the consideration hereinafter named, agree as. follows: Article 1. SCOPE OF THE WORK: 40 'The Contractor shall furnish all materials, tools, equipment, labor, and everything necessary to perform, and shall, perform, in accordance with the Plans, Specifications, and terms of this Contract, the work of con- structing a Sanitary Trunk Sewer Project (Main Branch Wears Creek Inter- ceptors) to serve the City of Jefferson, Missouri. All construction shall be carried out under inspection of representa- tives of the Owner. Article 2. TIME OF COMPLETION: Construction work must begin within ten (10) days after written notice to do so shall have been given to the Contractor and shall be carried on at a rate to secure its full completion within two hundred seventy (270) calendar days after receipt of notice to proceed. DEDUCTIONS FOR NOT COMPLETING ON TIME If the contract work is not fully completed according to the terms of the Contract within the time limit herein stipulated, subject to such ' . extensions as may be granted as provided for in Article 19 of the "General • Conditions," it is agreed that the City will be damaged thereby. The amount of said damages, exclusive of expense for inspection and super- ' intendence, being difficult if not impossible of definite ascertainment, it is hereby agreed that the amount of such damages, both liquidated and Fixed, shall be estimated and agreed upon in advance, and they are hereby agreed upon in the amount of Fifty Dollars ($50.00) for each calendar day elapsing between the expiration of such time limit as herein provided for, Contract plus such extensions as may be granted, and the date of full completion. The obligations of the Bond given by the Contractor. , as herein required, shall include the payment of the liquidated damages provided for and agreed upon in tl►is paragraph. .� Where any deductions from or forfeitures of payment in connection with the work on li►is Contract are duly and properly declared or imposed against the Contractor, in accordance with the terurc of thiK Contract, State laws or ordinances of the City, the total amount thereof may be withheld from any money whatsoever due or to become due the Contractor under the Contract, and when deducted shall be deemed and taken as payment in such amount. iArticle 3. CONTRACT PRICE: The City shall pay to the Contractor for the performance of the work the amounts determined for the total number of each of the following units of work completed at the unit price stated thereafter. The final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. Main Interceptor and Interceptors A and B (Funded in Part by Grant Funds) Item Unit No. Pay Item Unit Bid Price 1. Trench Excavation, Class A cu.yd $ 28-00 2. Trench Excavation, Class B cu.yd. 3. In Place 8-Inch Sewer Pipe lin. ft. $ 4.90 4. In Place 10-Inch Sewer Pipe lin. ft. $ 6.00 5. In Place 12-Inch Sewer Pipe lin. ft. $ 7.05 6. In Place 15-Inch Sewer Pipe lin.ft. $ 9.15 7. In Place 18-Inch Sewer Pipe lin.ft. $ 12.50 8. In Place 21-Inch Sewer Pipe lin. ft. $ 15.15 9. 6-Inch on 8-Inch .Wye Junction each $ 20.00 ® 10. 6-Inch on 10-Inch Wye Junction each $ 30.00 11. 6-Inch on 12-Inch Wye Junction each $ 40.00 12. 6-Inch on 15-Inch Wye Junction each $56.00 C-2 Item Unit No. Pay Item Unit Bid Price 13. 6-Inch on 18-Inch Wye Junction each lei. 6-Inch on 21-Inch Wye Junction each $L 75.00 Manholes, Complete in Place, 15. Depth 1.e R:. than 6 Feet each $ 450.00 16. Depth Over 6 Feet to 8 Feet each $ 540.00 t17. Depth Over 8 Feet to 10 Feet each $ 630.00 18. Depth Over 10 Feet to 12 Feet each $ 720.00 19. Depth Over 12 Feet to 14 Feet each $ 810.0 20. 6-Inch Pipe Stub in Manhole each $ 25.00 21, 8-Inch Pipe Stub in Manhole each $ 25.00 Alk 22. 10-Inch Pipe Stub in Manhole each $ 30.00 23. 12-Inch Pipe Stub in Manhole each $-_35.00 24. Crushed Rock for Subgrade Replacement cu.yd. $ 8.00 25. Granular Backfill cu.yd. $ 7.50 26. Lumber Ordered Left in Trench MFBM $ 200.00 27. Class "B" Concrete cu.yd. $ 50.00' 28. Class "C" Concrete cu.yd. $ 48.00 29. Replacement of Asphaltic Concrete Pavement sq.yd. $ 12.00 Interceptors C and D (Funded by City Only) Ic. Trench Excavation, Class A cu.yd. $ 28.00 2c, Trench Excavation, Class B cu.yd. $ 4.11 3c. In Place, 8-Inch Pipe lin. ft. $ 4.90 Manholes, Complete in Place 4c. Depth Over 6 Feet to 8 Feet each $ 540.00 , C-3 r Item Unit ® No. Pay Item Unit Bid F'rice 5c. Depth Over 10 Feet to 12 Feet each $ 720.00 6c. Granular. Backfi.l.l cu,yd. $ 7.50 7c. Replacement of Asphaltic ® Concrete Pavement sq.yd. $ 12.00 ® Article 4. PROGRESS .YAYMENTS: On not later than the fifth day of every month, the Contractor shall present to the Engineer an invoice covering the total quantities under each item of work that has been completed from the start of the job up to and including the last day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items, together with such supporting evidence as may be required by the Engineer. This invoice shall also include an allowance for the cost of such material required in the permanent work as has been delivered to the site, as evidenced by copies of paid invoices, but not as yet in- corporated in the work. Measurements of units for payment shall be made in accordance with the Specifications. Authorized extra work shall be included in these monthly progress pay- ments. The invoice shall be checked and corrected by the Engineer prior to submission to the City for payment. When the rate of the work shall be satisfactory to the Engineer and it shall appear that all claims for labor and material shall have been paid by the Contractor, then or before the fifteenth (15th) day of each month, the City shall pay the Contractor ninety per cent (90%) of the value of ,all work performed, prior to the first day of said month, less the aggregate of previous payments. Article 5. GUARANTEE: The Contractor and his Surety hereby expressly guarantee the afore- said work as to workmanship and quality of materials used in connection therewith, for a term of one (1) year, commencing on the date of accep- tance of the work or improvements, and binds himself, his successors or assigns, to make all replacements which may become necessary within that time due to nonconformity with the Specifications. Whenever notified by the City that said replacements are required, the Contractor shall, at once, make the same as directed, and at his own expense. if the Con- tractor does not proceed with such replacements within five (5) days of receipt of written notice, then the City shall have the power to cause the same to be made and to charge the costs thereof to the Contractor. , Nothing in this section is intended as a maintenance guarantee. 1 r C-4 Article 6. ACCEPTANCE AND FINAL PAYMENT: When the work provided for under this Contract has been fully com- pleted in accordance with Cite termer hereof, a final estimate showing the amount of such work shall be prepared by the Engineer and filed with the City Clerk and with the Contractor within thirty (30) days after the date of completion. The final estimate shall be accompanied by a certificate of acceptance i:.sucd by the Engineer, stating that the work has been fully completed to his satisfaction in substantial compliance with the Contract. From the final payment shall be retained all moneys expended by the City according to the terms of this Contract, and thereunder chargeable to the Contractor, all moneys payable to the City as liquidated damages and all deductions provided by the Contract, State laws or ordinances of the City. Article 7. PREVAILING WAGES: This Contract 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 he 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 be not less than the higher of the prevailing wage determinations. In compliance with the Prevailing Wage Law, as Amended in Sections 290.210 to 290. 340 inclusive, Revised Statutes of Missouri, 1969, effective October 13, 1969, not less than the prevailing hourly rate of wages in the Jefferson City area shall be paid to all workmen performing work under this Contract, Section 290. 250. The Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman employed, for each calendar day, or portion thereof, such workman is paid less than the stipulated rates for any work done under said Contract, by him or any subcontractor under him. Section 290.250. Article 8. THE CONTRACT DOCUMENTS: The Advertisement, Information for Bidders, General Conditions, Special Conditions, the Specifications, including Addenda Nod£. 1 , , and _ I , the Proposal, the Plans and Bond, to- gether with Chis Agreement, form the Contract. The Plans on file are as fully a part of Lhis Contract as if hereto attached. C-5 IN WITNESS WHEREOF, the p arties hereto have caused this instrument to be executed in four (4) original counterparts as of the day and year first above written. Vaughan Construction Co. , Tor_ (Contractor) R. R. #5 (Address) COUNTERSIGNED: JefferaRn City City of Jefferson,, Miasourt (Owner) ATTEST City Hall. 240 East Highs rPPt- t (Address) Jefferson .City Missou� $W/ i 1 i 1 1 1 G-6 ! F PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned Vaughan Construction Co.,_ Inc. of Jefferson City._Missouri (hereinafter called the "Principal") , an > � or corporation, duly authorized by law to do business as a construction con- tractor in the State of Missouri and United States Fidelity & Guaranty Company of Baltimore, Maryland (hereinafter called the "Surety"), a corporation duly authorized to do a surety business under the Laws of the State of Missouri, are held and firmly bound unto _ City of Jefferson, Missouri (hereinafter called the "Obligee"), in the penal sum of Three- Hundred-Forty-Two Thousand Seven Hundred Four and 95/100------------- Dollars ($ 342,704.95 ) lawful money of the United States, for the payment of which well and truly to be made unto said Obligee, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, as follows: The conditions of this obligation are such that, whereas on the _ day of _, the said Principal entered into a written agreement, which agreement is hereby made a part hereof, with said Obligee for the construction of Main Branch Wears Creek Sanitary Interceptor Sewer Project, Jefferson City, Missouri, Project #C290840-01 located at Jefferson City, Missouri • NOW, THEREFORE, if the said Principal shall faithfully and properly perform the foregoing Contract according to all the terms thereof, and shall as soon as the work contemplated by said Contract is completed, pay to the proper parties, all amounts due for material, lubricants, oil, t * Scratch out the inapplicable designation. PB-1 gasoline, grain, hay, food, coal and coke, repairs on machinery, groceries and foodstuffs, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums, both compensa- tion, and all other kinds of insurance, on said work, and for all labor performed in such work whether by subcontractor or otherwise, then this obligation to be void, otherwise to remain in full force and effect, and may be sued on for his use and benefit by any person furnishing materials or performing labor, either as an individual or as a subcontractor for any contractor in the name of said Obligee. The said Surety for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to the work to be performed thereunder, or the Specifi- cations accompanying the same, shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, exten- sion of time, alteration or addition to the terms of the agreement or to the work or to the Specifications. IN TESTIMONY WHEREOF, the parties hereunto have caused the execution hereof in ynoriginal counterparts as of the 7 Lt day of /977 Vaughan Construction Co., Inc. (Principal) J Y e) Attest: United States Fidelity & Guaranty Co. (Surety) Attorney-in-Fact (SEAL) • 1 Pa-2 CERTIFIED COPY GENERAL POWER OF ATTORNEY ' No.....IW......................... OKnow all Men by these Presentst That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Glenda A. Fry of the City of Jefferson City , State of Missouri Its true and lawful attorney in and for the State of Missouri for the following purposes,to wit: To sign its name as surety to, and to execute,seal and acknowledge any and all bonds, and to respectively do and perform any and all act* and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Glenda A:. Fry may lawfully do in the premises by virtue of then;presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused thin instrument to be sealed with its corporate seat, duly attested by the signatures of its Vice-President and Assistant Secretary, this 2nd day of ® August , A D. 19 74 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) .................... Vice-President. (SEAL) (Signed) ..N. .. Iiixyard................................ Assistant Secretary. STATE OF MARYLAND, BALTIMORE CITY, ss. On this 2nd day of August , A. D. 19?4, before me personally came Geo. A. Stewart, Jr. ,VIce•President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and 19. G. Ifilyard .Assistant Secretary of said Company,with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said Geo. A. Stewart, Jr. and N. G. Hilyard were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor. poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora- lion. and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July,A.D. 19.7.8..... �(SEAL) (Signed) .......Herbert �T,.Gull........................ • Notary Public. STATE OF MARYLAND Sct. BALTIMORE CITY, I, Robert H. Bouse , Clerk of the Superior Court of Baltimore City, which Court it a Court of Record, and has a seal. do hereby certify that Herbert J. Aull , Esquire,before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary,and verily believe the signature to be his genuine signature. In Testimony Whereo/, I hereto set my hand and affix the :ea)of the Superior Court of Baltimore City, the same being a Court of Record,this 2nd day of August , A. D. 1974 (SEAL) (Signed) ...Robert..i{f..Bouse................................... Clerk o/the Superior Court of Baltimore City. FIB 3 (9.67) ....., COPY OF RESOLLITION That Whereas, It is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. There/ore, be It Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys•in•fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than Insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed,and Also, in its name and as its attorney or attomeys•in•fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions.which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 1, George R. Downer , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Glenda A. Fry of Jefferson City, Missouri , authorizing and empowering her to sign bonds as therein set fortb,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testinwryy—Whereo/, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on l G ,.�;, /// y 7J �- (Date) Assistant Secretary. is PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned of (hereinafter called the "Principal"), an *individual, partnership, or corporation, duly authorized by law to do business as a construction con- tractor in the State of and of (hereinafter called the "Surety"), a corporation duly authorized to do a surety business under the Laws of the State of Missouri, are held and firmly bound unto (hereinafter called the "Obligee"), in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which well and truly to be made unto said Obligee, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, as follows: The conditions of this obligation are such that, whereas on the day of , the said Principal entered into a written agreement, which agreement is hereby made a part hereof, with said Obligee for the construction of located at ' NOW, THEREFORE, if the said Principal shall faithfully and properly perform the foregoing Contract according to all the terms thereof, and shall as soon as the work contemplated by said Contract is completed, pay to the proper parties, all amounts due for material, lubricants, oil, * Scratch out the inapplicable designation. e PB-1 1 gasoline, grain, hay, food, coal and coke, repairs on machinery, groceries and foodstuffs, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums, both compensa- tion, and all other kinds of insurance, on said work, and for all labor perforated in such work whether by subcontractor or otherwise, then this obligation to be void, otherwise to remain in full force and effect, and may be sued on for his use and benefit by any person furnishing materials or performing labor, either as an individual or as a subcontractor for any contractor in the name of said Obligee. The said Surety for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to the work to be performed thereunder, or the Specifi- cations accompanying the same, shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, exten- sion of time, alteration or addition to the terms of the agreement or to the work or to the Specifications. IN TESTIMONY WHEREOF, the parties hereunto have caused the execution hereof in original counterparts as of the day of 1976. (Principal) $y (Title) Attest: (Surety) Y) r $y (SEAL) s 1 r Pa-2 GENERAL CONDITIONS 1. Definitions 17. Subsurface Conditions 2. Additional Instructions<uul Detail Irawings 18, Suspension of Work,Termination and Delay 3. Schedules, Reports and Records 19. Payments to Contractor 4. Drawings and Specifications 20. Acceptance of Final Payment as Release 5. Shop Drawings 21. Insurance: 6. Materials, Services and Facilities 22. Contract Security 7. Inspection and Testing 23. Assignments 8, Substitutions 24. Indemnification 9. Patents 25. Separate Contracts 10. Surveys, Permits, Regulations 26. Subcontracting 11. Protection of Work, Property, Persons 27. Engineer's Authority 12. Supervision by Contractor 28. Land and Rights-of-Way 13. Changes in the Work 29. Guaranty 14. Changes in Contract Price 30. Arbitration 15. Time for Completion and Liquidated Damages 31. Taxes 16. Correction of Work 1. DEFINITIONS 1.12 ENGINEER-The person, firm or corporation 1.1 Wherever used in the CONTRACT DOCU- named as such in the CONTRACT DOCUMENTS. MENTS, the following terms shall have the meanings 1,13 FIELD ORDER-A written order effecting a indicated which shall be applicable to both the singular change in the WORK not involving an adjustment in and plural thereof: the CONTRACT PRICE or an extension of the CON- 1.2 ADDENDA-Written or graphic instruments i,- T'RACT TIME, issued by the ENGINEER to the CON- sued prior to the execution of the Agreement which TRACTOR during construction. modif% or interpret the CONTRACT DOCUMENTS, 1.14 NOTICE OF AWARD-The written notice of the DRAWINGS and SPECIFICATIONS, by additions, de- acceptance of the BID from the OWNER to the success- letions, clarifications or corrections. ful BIDDER. 1.3 BID-The offer or proposal of the BIDDER sub- 1.15 NOTICE TO PROCEED-Wrilten communication mitted on the prescribed form setting forth the prices issued by the OWNER to the CONTRAC'T'OR authoriz- for the WORK to he performed. ing him to proceed with the WORK and establishing the 1.4 BIDDER-Any person, firm or corporation sub- date of commencement of the WORK. mitting it BID for the WORK. 1.16 OWNER-A public or quasi-public body or 1.5 BONDS-Bid, Performance, and Payment Bonds authority, corporation, association, partnership, or in- and other instruments of security, furnished by the dividual for whom the WORK is to be performed. CONTRACTOR and his surety in accordance with the 1.17 PROJECT-The undertaking to be performed as CONTRACT DOCUMENTS. provided in the CONTRACT DOCUMENTS. 1.6 CHANGE ORDER-A written order to the CON- 1.18 RESIDENT PROJECT REPRESENTATIVE-The TRACTOR authorizing an addition, deletion or revision authorized representative of the OWNER who is as- in the WORK within the general scope of the CON- signed to the PROJECT site or any part thereof. TRACT DOCUMENTS, or authorizing an adjustment in 1.19 SHOP DRAWINGS-All drawings, diagrams, il- the CONTRACT PRICE or CONTRACT TIME. lustrations, brochures, schedules and other data which 1.7 CONTRACT DOCUMENTS-The contract, in- are prepared by the CONTRACTOR, a SUBCONTRAC- cluding Advertisement For Bids, Information For Bid- TOR, manufacturer, SUPPLIER or distributor, which ders, BID, Bid Bond, Agreement, Payment Bond, Per- illustrate how specific portions of the WORK shall be formance Bond, NOTICE OF AWARD, NOTICE TO fabricated or installed. PROCEED, CHANGE ORDER. DRAWINGS, SPECIFI- 1.20 SPECIFICATIONS-A part of the CONTRACT CATIONS, and ADDENDA. DOCUMENTS consisting of written descriptions of a ' 1.8 CONTRACT PRICE-The total monies payable to technical nature of materials, equipment, construction the CONTRACTOR under the terms and conditions of systems,standards and workmanship. the CONTRACT DOCUMENTS. 1.21 SUBCONTRACTOR-An individual, firm or 1.9 CONTRACT TIME-The number of calendar corporation having a direct contract with the CON- ' days stated in the CONTRACT DOCUMENTS for the 'T'RACT'OR or with any other SUBCONTRACTOR for completion of the WORK. the performance of a part of the WORK at the site. 1.10 CONTRACTOR-The person, firm or corpora- 1.22 SUBSTANTIAL COMPLETION-LThat date as ' tion with whom the OWNER has executed the Agree- certified by the ENGINEER when the construction of ment. the PROJECT or a specified part thereof is sufficiently 1.11 DRAWINGS-The part of the CONTRACT completed, in accordance with the CONTRACT DOCU- DOCUMENTS which show the characteristics and MENTS, so that the PROJECT or specified part can be ' scope of the WORK to be performed and which have utilized for the purposes for which it is intended, been prepared or approved by the ENGINEER. 1,23 SUPPLEMEN'T'AL GENERAL CONDITIONS- , CONTRACT DOCUMENTS FOR CONSTRUCTION OF Document No. 11 FEDERALLY ASSISTED WATER AND SEWER PROJECTS General Conditions: Pape 1 of 9 Modifications to General Conditions required by a 4.2 In cits(, of conflict be.twccn the DRAWINGS and Federal agency for participation in the PROJECT and SPECIFICATIONS, the SPECIFICATIONS shall govern, approved by the agency in writing prior to inclusion in Figure dimensions on I)RA%VINGS shall govern over the CONTRACT DOCUMENT'S, or such requirements scale dimensions, and detailed DRAWINGS shall that may be imposed by applicable state laws, govern over general DRAWINGS, 1.24 SUPPLIER—Any person or organization who sup- 4.3 Any discrepancies found between the DRAW plies materials or equipment for the WORK, including INGS and SPECIFICA'T'IONS and site conditions or the( fabricated to a special design, but who does not tiny inconsistencies or ambiguities in the DRAWINGS perform labor at the site, or SPECIFICA'T'IONS shall be immediotoly reported to the ENGINEER, in writing, who shall promptly correct 1.25 WORK—All labor necessary to produce the con- such inconsistencies or ambiguities in writing. WORK struction required by the CON'T'RACT DOCUMENTS, done by the CONTRACTOR after his discovery of such and all materials and equipment incorporated or to lie discrepancies, inconsistencies or ambiguities shall be incorporated in the PROJECT. done at the CON'T'RAC'TOR'S risk. 1.26 WRI'T'TEN NOTICE—Any notice to any party of the Agreement relative to any part of this Agreement 5, SHOP DRAWINGS in writing and considered delivered and the service thereof completed, when posted by certified or regis- 5.1 The CONTRACTOR shall provide SHOP DRAW- tered mail to the said party at his last given address, INGS as may be necessary for the prosecution of the or delivered in person to said party or his authorized WORK as required by the CONTRACT DOCUMENTS. representative on the WORK. The ENGINEER shall promptly review all SHOP DRAWINGS. The ENGINEER'S approval of any SHOP 2, ADDITIONAL INSTRUCTIONS AND DETAIL DRAWING shall not release the CONTRACTOR from DRAWINGS responsibility for deviations from the CONTRACT DOCUMENTS. The approval of any SHOP DRAWING 2,1 The CONTRACTOR may he furnished addit°.onal which substantially deviates from the requirement of instructions and detail drawings, by the ENGINEER, the CONTRACT DOCUMENTS shall be evidenced by a as necessary to carry out the WORK required by the CHANGE ORDER. CONTRACT DOCUMENTS. 5.2 When submitted for the ENGINEER'S review, 2.2 The additional drawings and instruction thus SHOP DRAWINGS shall bear the CONTRACTOR'S supplied will become a part of the CONTRACT DOCU- certification that he has reviewed, checked and MENTS. The CONTRACTOR shall carry out the WORK approved the SHOP DRAWINGS and that they are in in accordance with the additional detail drawings and conformance with the requirements of the CONTRACT instructions. DOCUMENTS. 3. SCHEDULES, REPORTS AND RECORDS 5.3 Portions of the WORK requiring a SHOP DRAW- ING or sample submission shall not begin until the 3.1 The CONTRACTOR shall submit to the OWNER SHOP DRAWING or submission has been approved by such schedule of quantities and costs, progress sched• the ENGINEER. A copy of each approved SHOP ules, payrolls, reports, estimates, records and other DRAWING and each approved sample shall be kept in data where applicable as are required by the CON- good order by the CONTRACTOR at the site and shall TRACT DOCUMENTS for the WORK to be performed. be available to the ENGINEER. 3.2 Prior to the first partial payment estimate the CONTRACTOR shall submit construction progress 6. MATERIALS, SERVICES AND FACILITIES schedules showing the order in which he proposes to carry on the WORK, including dates at which lie will 6,1 It is understood that, except as otherwise specifi- start the various parts of the WORK, estimated date of cally stated in the CONTRACT DOCUMENTS, the completion of each part and, as applicable: CONTRACTOR shall provide and pay for all materials, 3.2.1. The dates at which special detail drawings labor, tools, equipment, water, light, power, transpor- tation, supervision, temporary construction of any will be required; and E P 5' nature, and all other services and facilities of any 3.2,2 Respective dates for submission of SHOP nature whatsoever necessary to execute, complete, and DRAWINGS, the beginning of manufacture, the testing deliver the WORK within the specified time. and the installation of materials, supplies and equip- ment. 2 Materials and equipment shall be so stored as to meat, insure the preservation of their quality and fitness for , 3.3 The CONTRACTOR shall also submit a schedule the WORK. Stored materials and equipment to be in- of payments that he anticipates he will earn during the corporated in the WORK shall he located so as to facili- course of the WORK, tate prompt inspection, 4. DRAWINGS AND SPECIFICATIONS 6.3 Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, 4.1 The intent of the DRAWINGS and SPECIFICA- cleaned and conditioned as directed by the manufac- TIONS is that the CONTRACTOR shall furnish all turer, ' labor, materials, tools, equipment, and transportation 6.4 Materials, supplies and equipment shall be in necessary for the proper execution of the WORT; in accordance with the CONTRACT DOCUMENTS and all accordance with samples submitted by the CONTRAC- incidenlal work necessary to complete the PROJECT TOR and approved by the ENGINEER, , in an acceptable manner, ready for use, occupancy or 6.5 Materials, supplies or equipment to he incorpor- operation by the OWNER, ated into the WORK shall nut be purchased by the Document No. 11 ' General Conditions:Pape 2 of 9 CONTRACTOR or the SUBCONT'RACT'OR subject to if meal is identified on the DRAWINGS or SPhC1FICA- chattel mortgage or under a conditional sale contract or 'PIONS by reference to brand name or ralalogue.num- other agreement by which an interest is retained by the her, it shall he understood that This is referenced for seller. the purpose of defining the performance or other a sali- 7. W5PECTIUNAND 'fES'fL1VC eni requirements nd that other products of equal capacities, quality and function shall be considered. 7.1 All materials and equipment used in the construr._ The CONTRACTOR may recommend [he substitution lion of the PROJECT shall be subject to adequate in- of a material, article, or piece of equipment of equal spertion and testing in accordance with generally ac- substance and function for those: referred to in the cepted standards, as required and defined in the CON- CON'T'RACT DOCUMENTS by reference to brand TRACT DOCUMENTS. name or catalogue number, and if, in the opinion of the 7.2 The OWNER shall provide all inspection and lest- ENGINEER, such material, article. or piece of equip- ment is of equal substance and function to that speci- ing services not required by the CONTRACT DOCU- fied, the ENGINEER may approve its substitution and MENTS, use by the CONTRACTOR. Any cost differential shall 7.3 The CONTRACTOR shall provide at his expense be deductible from the CONTRACT PRICE and the the testing and inspection services required by the CONTRACT DOCUMENTS shall he appropriately CONTRACT DOCUMENTS. modified by CHANGE ORDER, The CONTRACTOR warrants that if substitutes are approved, no major 7.9 If the CONTRACT DOCUMENTS, laws, ordi- changes in the function or general design of the PROJ- nances, rules, regulations or orders of any public ECT will result. Incidental changes or extra component authority having jurisdiction require any WORK to parts required to accommodate the substitute will be specifically 11e inspected, tested, or approved by some- made by the CONTRACTOR without a change in the one other than the CONTRACTOR, the CONTRACTOR CONTRACT PRICE or CONTRACT TIME. will give the ENGINEER timely notice of readiness. The CONTRACTOR will then furnish the ENGINEER 9, PATENTS the required certificates of inspection, testing or ap- proval. 9.1 The CONTRACTOR shall. pay all applicable royalties and license fees. He shall defend all suits or 7.5 Inspections, tests or approvals by the engineer claims for infringement of any patent rights and save or others shall not relieve the CONTRACTOR from the OWNER harmless from loss on account thereof, his obligations to perform the WORK in accordance except that the OWNER shall be responsible for any with the requirements of the CONTRACT DOCU such loss when a particular process, design, or the qW MENTS. product of a particular manufacturer or manufacturers 7.6 The ENGINEER and his representatives will at is specified, however if the CONTRAC'T'OR has reason all times have access to the WORK. In addition, to believe that the design, process or product specified authorized representatives and agents of any partici- is an infringement of a patent, he shall be responsible pating Federal or state agency shall be permitted to for such loss unless he promptly gives such informa- inspect all work, materials, payrolls, records of per- lion to the ENGINEER. sonnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide proper 10. SURVEYS, PERMITS, REGULATIONS facilities for such access and observation of the WORK 10.1 The OWNER shall furnish all boundary surveys and also for any inspection, or testing thereof. and establish all base lines for locating the principal 7.7 If any WORK is covered contrary to the written component parts of the WORK together with a suitable instructions of the ENGINEER it must, if requested by number of bench marks adjacent to the WORK as the ENGINEER, be uncovered for his observation and shown in the CONTRACT DOCUMENTS. From the in- replaced at the CONTRACTOR'S expense. formation provided by the OWNER, unless otherwise specified in the CONTRACT DOCUMENTS, the CON- 7.8 If the ENGINEER considers it necessary or ad- TRACTOR shall develop and make all detail surveys visable that covered WORK be inspected or tested by needed for construction such as slope stakes, batter others,the CONTRACTOR,at the ENGINEER'S request, boards, stakes for pile locations and other working will uncover, expose or otherwise make available for points, lines, elevations and cut sheets. observation, inspection or testing as the ENGINEER may require, [hat portion of the WORK in question, 10.2 The CONTRAC'T'OR shall carefully preserve furnishing all necessary labor, materials, tools, and bench marks, reference points and stakes and, in case equipment. If it is found that such WORK is defective, of willful or careless destruction, he shall be charged the CONTRAC'T'OR will bear all the expenses of such with the resulting expense and shall be responsible for uncovering, exposure, observation, inspection and any mistakes that may be caused by their unnecessary testing and of satisfactory reconstruction. If, however, loss or disturbance. ' such WORK is not found to be defective, the CON- 10.3 Hermits and licenses of a temporary nature TRACTOR will be allowed an increase in the CON- necessary for the prosecution of the WORK shall be TRACT PRICE or an extension of the CONTRACT secured and paid for by the CONTRACTOR unless TIME, or both, directly attributable to such uncovering, otherwise stated in the SUPPLEMEN'T'AL GENERAL exposure, observation, inspection, testing and recon- CONDITIONS. Permits, licenses and easements for struction and an appropriate CHANGE ORDER shall permanent structures or permanent changes in existing be issued. facilities shall be secured and paid for by the OWNER, unless otherwise specified. The CONTRACTOR shall ' 8, SUBSTITUTIONS give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the 8,1 Whenever a material, article or piece of equip- WORK as drawn and specified. If the CONTRACTOR Document No. 11 General Conditions: Pape 3 of 9 observes that Ihe CONTRACT DOCUMENT'S are at order changes within Ilia scope of the WORK without variance tharewith, lie shall promptly notify Ilia ENGI- invalidating the Agreement. If such changes increase or NEER In writing, and any necessary changes shall be decrease the amount due under Iho CONTRACT adjusted as provided in Section 13, CHANGES IN THE DOCUMENTS, or in Iho Iime required for performance WORK. of the WORK, an equitable adjustment shall be aulhor- ized by CI IANGE ORDER. 11. PROTECTION OF WORK, PROPER'L'Y AND 13,2 The ENGINEER, also, may at any Iime, by issuing PERSONS it FIE C FIELD ORDER, make changes in the details of the 11,1 The CONTRACTOR will he responsible for WORK, The ONTRACTOR shall proceed with the initiating, maintaining and supervising all safely pre- performance of any changes in Ihe WORK so ordered cautions and programs Tn connection with Ilia WORK. by the ENGINEER unless Ihe. CONTRACTOR believes He will take all necessary precautions for the safety that such FIELD ORDER entitles him to it change in of, and will provide the necessary protection to prevent CONTRACT PRICE or 'TIME, or both, in which event damage, injury or loss to all employees on the WORK he shall give the ENGINEER WRITTEN NOTICE there- and other persons who may be affected thereby, all the of within seven (7) days after (lie receipt of the ordered WORK and all materials or equipment to be incorpor- change. 'Thereafter the CONTRACTOR shall document aced therein, whether in storage on or off the site, and the basis for the change in CONT'RAC'T PRICE or other properly at the site or adjacent thereto, includ- TIME within thirty (30) clays. The CONT'RAC'TOR shall Ing trees, shrubs, lawns, walks, pavements, roadways, not execute such changes pending the receipt of an structures and utilities not designated for removal, relo- executed CHANGE ORDER or further instruction from cation or replacement in the course of construction. the OWNER. 11.2 The CONTRACTOR will comply with all appli- 14, CHANGES IN CON'T'RACT PRICE cable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He will erect and 14.1 The CONTRACT PRICE may be changed only by maintain, as required by the conditions and progress of it CHANGE ORDER. The value of any WORK covered the WORK, all necessary safeguards for safety and by it CHANGE ORDER or of any claim for increase or protection. He will notify owners of adjacent utilities decrease in [he CONTRACT PRICE shall he determined when prosecution of the WORK may, affect them. The by one or more of the following methods in the order CONTRACTOR will remedy all damage, injury or loss of precedence listed below: to any property caused, directly or indirectly, in (a) Unit prices previously approved. whole or in part, by the CONTRACTOR, any SUBCON- (b) An agreed lump sum. TRAC'T'OR or anyone: directly or indirectly employed (c) The actual cost for labor, direct overhead, ma- by any of them or anyone for whose acts any of them terials, supplies, equipment, and other services neces- be liable, except damage or loss attributable to the sary to complete [lie work. In addition there shall be fault of the CONTRACT DOCUMENTS or to the act, added an amount to be agreed upon bill not to exceed or omissions of the OWNER or the ENGINEER or fifteen (15) percent of the actual cost of the WORK to anyone employed by either of Ihem or anyone for cover the cost of general overhead and profit. whose acts either of them may be liable, and not attributable, directly or indirer,Ily, in whole or in 15. TIME FOR COMPLETION AND LIQUIDATED part, to the fault or negligence;of the CONTRACTOR. DAMAGES 11.3 In emergencies affecting the safety of persons or 15.1 The date of beginning and the time for comple- the WORK or properly at the site or adjacent thereto, tion of the WORK are essential conditions of the CON- the CONTRACTOR, without special instruction or TRACT DOCUMENT'S and the WORK embraced shall authorization from the ENGINEER or OWNER, shall be commenced on a (late specified in the NOTICE TO act to prevent threatened damage, injury or loss. He PROCEED. will give the ENGINEER prompt WRITTEN NOTICE of 15.2 The CONTRACTOR will proceed with the WORK any significant changes in the WORK or deviations at such rate of progress to insure full completion with- from the CONTRACT DOCUMENT'S caused thereby, in the CONTRACT TIME. It is expressly understood and a CHANGE ORDER shall thereupon be issued cov- and agreed, by and between the CONTRACTOR and ering the changes and deviations involved. the OWNER, that the CON'T'RACT TIME for the com- ' 12. SUPERVISION BY CONTRACTOR pletion of the WORK described herein is it reasonable time, taking into consideration the average climatic 12,1 The CONTRACTOR will supervise and direct Ilia and economic: conditions and other factors prevail:It(,ng WORK. lie will he solely responsible for the means, in Ilia locality of the WORK. , methods, techniques, sequences and procedures of • construction, The CON'T'RACTOR will employ and 15.3 If the CONTRACTOR shall fail to complete maintain on Ihe: WORK it qualified supervisor or super- WORK within the CONT'RAC'T 'TIME, or extension of intendant who shall have been designated in writing by time granted by the OWNER, Ilion the CONTRAC'T'OR the CONTRACTOR as ilia CONT'RAC'T'OR'S represen_ will pay to the OWNER the amount for liquidated clam- tative al the site.The supervisor shall have full authori_ ages as specified in the 131D for each calendar clay that ty to act on behalf of the CONTRACTOR and all cum- the CONTRACTOR shall be in default' after the time munications given to Ihe supervisor shall be as binding stipulated in the CONT'RACI' I)OCUMENI'S. , as if given to the CONTRACTOR. The supervisor shall 15.4 1'ho CONTRACTOR shall not he charged with be present on the site al all times as reclutired to per- liquidated damages or any excess cost when the delay form adequate supervision and coordination of the in completion of the WORK is due to Ihe: following, WORK. and Iho CONTRACTOR has promptly given WRI'TT'EN 13. CHANGES IN THE WORK NO'T'ICE of such dolay to Iho OWNER or ENGINEER. 13,1 The OWNER may ill ally lime, as Ihe lifted arises, 15.4,1 To any preference, priority or allocation Document No. I I ' General Conditions: Page 4 of 9 order duly issued by the OWNER, will resume: that WORK on the date so fixed. The 15.4,2 To unforeseeable causes beyond the con- CONTRAC.rOR will he allowed an increase in the trol and without the fault or negligence of the CON- CONTRACT PRICE or an extension of the CUNT'RACT TRAC'T'OR, including but not restricted lo, acts of God, TIME, or both, directly attributable to any suspension. or of the public enemy, acts of the OWNER, acts of 18,2 if the CONTRAC'T'OR is adjudged it bankrupt another CONTRACTOR in the performance of it con- or insolvent, or if he makes it general assignment for tract with the OWNER, fires, floods, epidemics, quar- the benefit of his creditors, or if it trustee or receiver is antine restrictions, strikes, freight embargoes, and appointed for the CONTRACTOR or for any of his abnormal and unforeseeable weather; and property, or if he files it petition to take advantage of 15.4.3 To any delays of SUBCONTRACTORS any debtor's act, or to reorganize under the bankruptcy occasioned by any of the causes specified in para- or applicable laws, or if he repeatedly fails to supply graphs 15,4.1 and 15.4,2 of this article, sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt 16, CORRECTION OF WORK payments to SUBCONTRACTORS or for labor, materi- 16.1 The CONTRACTOR shall promptly remove from ells or equipment or if he disregards laws, ordinances, ENGINEER for rules, regulations or orders of any public body having the premises all WORK rejected by the ENGINEER failure to comply with the CONTRACT DOCUMENTS, jurisdiction the WORK o if disregards the author- whether incorporated in the construction or not, and ity of the ENGINEER, or f if he a otherwise violates any the CONTRACTOR shall promptly replace and re- provision of the CONTRACT DOCUMENTS, then the OWNER may, without prejudice any other right or execute the WORK in accordance with the CONTRACT remedy and after giving the CONTRACTOR and his DOCUMENTS and without expense to the OWNER s and shall bear the expense of making good all WORK surety a minimum of ten (10) days from delivery of a of other CONTRACTORS destroyed or damaged by WRITTEN NOTICE, terminate the services of the CON- such removal or replacement. TRACTOR and take possession of the PROJECT and of all materials, equipment, tools, construction equip- 16,2 All removal and replacement WORK shall be ment and machinery thereon owned by the CONTRAC- done at the CONTRACTOR'S expense. If the CON- TOR, and finish the WORK by whatever method he TRACTOR does not take action to remove such re- may deem expedient. In such case the CONTRACTOR jected WORK within ten (10) days after receipt of shall not be entitled to receive any further payment WRITTEN NOTICE, the OWNER may remove such until the WORK is finished. If the unpaid balance of WORK and store the materials at the expense of the the CONTRACT PRICE exceeds the direct and indirect CONTRACTOR. costs of completing the PROJECT, including compensa- tion for additional professional services, such excess 17. SUBSURFACE CONDITIONS SHALL BE PAID TO THE CONTRACTOR. If such costs 17.1 The CONTRACTOR shall promptly, and before exceed such unpaid balance, the CONTRACTOR will such conditions are disturbed, except in the event of pay the difference to the OWNER. Such costs incurred an emergency, notify the OWNER by WRITTEN by the OWNER will be determined by the ENGINEER NOTICE of: and incorporated in a CHANGE ORDER. 17.1.1 Subsurface or latent physical conditions at 18.3 Where the CONTRAC'TOR'S services have been the site differing materially from those indicated in the so terminated by the OWNER, said termination shall CONTRACT DOCUMENTS; or not affect any right of the OWNER against the CON- TRACTOR then existing or which may thereafter ac- 17.1.2 Unknown physical conditions at the site, crue. Any retention or payment of monies by the of an unusual nature, differing materially from those OWNER due the CONTRACTOR will not release the ordinarily encountered and generally recognized as CONTRACTOR from compliance with the CONTRACT inherent in WORK of the character provided for in the DOCUMENTS. CONTRACT DOCUMENTS. 17.2 The OWNER shall promptly investigate the con- 18.4 After ten (10) days from delivery of a WRITTEN ditions, and if he finds that such conditions do so NOTICE to the CON'T'RACTOR and the ENGINEER, materially differ and cause an increase or decrease in the OWNER may, without cause and without prejudice the cost of, or in the lime required for, performance to any other right or remedy, elect to abandon the of the WORK, an,equitable adjustment shall be made PROJECT and terminate the Contract. In such case, and the CON'T'RACT DOCUMENTS shall be modified the CONTRACTOR shall be paid for all WORK exe- by a CHANGE ORDER. Any claim of the CONTRAC- cuted and any expense sustained plus reasonable TOR for adjustment hereunder shall not be allowed profit. unless he has given the required WRITTEN NOTICE; provided that the OWNER may, if he determines the 18.5 If, through no act or fault of the CONTRACTOR,a justify, consider and adjust any such claims the WORK is suspended for a period of more than asserted before the date of final payment. ninety (90) days by the OWNER or under an order of court or other public authority, or the ENGINEER 18. SUSPENSION OF WORK, TERMINATION AND fails to act on any request for payment within thirty DELAY (30) days after it is submitted, or the OWNER fails to ' pay the CONTRACTOR substantially the sum approved 18.1 The OWNER may suspend the WORK or any by the ENGINEER or awarded by arbitrators within portion thereof for a period of not more than ninety thirty (301 days of its approval and presentation, days or such further time as agreed upon by the CON- then the CONTRACTOR may, after ten (10) clays from TRACTOR, by WRIT'T'EN NOTICE: to the CONTRACT- delivery of it WRITTEN NO'T'ICE to the OWNER and OR and the ENGINEER which notice shall fix the date the ENGINEER, terminate the CONTRACT and re- on which WORK shall be resumed. 'rhe CON'T'RACTOR cover from the OWNI.R payment for all WORK exe- Document No. 11 General Conditions: Page 5 of 9 cuted and all expenses sustained. In addition and in equipment which are suitably stored either at or near lieu of terminating the CON'T'RACT, if the ENGINEER the site. has failed to act on a request for payment or if the OWNER has failed to make any payment its aforesaid, 19.3 Prior to SUBS'T'ANTIAL COMPLETION, the the CONTRACTOR may upon ten (10) days written OWNER, with the approval of the ENGINEER and with notice to the OWNER and the ENGINEER stop the WORK until he has been paid all amounts then due, in the concurrence of the CON'T'RAC'T'UR, may use any which event and upon resumption of the WORK, completed or substantially completed portions of the CHANGE ORDERS shall be issued for adjusting the WORK. Such use shall not constitute an acceptance of CONTRACT PRICE or extending the CONTRACT such portions of the WORK. TIME or both to compensate for the costs and delays attributable to the stoppage of the WORK, 19.4 The OWNER shall have the right to enter the 18.0 If the performance of all or any portion of the premises for the purpose of doing work not covered by WORK is suspended, delayed, or interrupted as a re- the CONTRACT DOCUMENTS. This provision shall sult of a failure of the OWNER or ENGINEER to act not be construed as relieving the CON'T'RACTOR of the within the time specified in the CONTRACT DOCU- sole responsibility for the care and protection of the MENTS, or if no time is specified, within a reasonable WORK, or the restoration of any damaged WORK ex- time, an adjustment in the CONTRACT PRICE or an cept such as may be caused by agents or employees of extension of the CONTRACT TIME, or both, shall be the OWNER. made by CHANGE ORDER to compensate the CON- TRACTOR for the costs and delays necessarily caused 19.5 Upon completion and acceptance of the WORK, by the failure of the OWNER or ENGINEER. the ENGINEER shall issue a certificate attached to the .19. PAYMENTS TO CONTRACTOR final payment request that the WORK has been ac- 19.1 At least ten (10) days before each progress pay- cepted by him under the conditions of the CONTRACT ment falls due (but not more often than once a month), DOCUMENTS. The entire balance found to be due the the CONTRACTOR will submit to the ENGINEER apar- CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by tial payment estimate filled out and signed by the CON- the within OWNER, shall be paid to the CONTRACTOR within TRACTOR covering the WORK performed during the thirty (30) days of completion and acceptance of the period covered by the partial payment estimate and WORK. supported by such data as the ENGINEER may reason- ably require. If payment is requested on the basis of materials and equipment not incorporated in the 19.6 The CONTRACTOR will indemnify and save the WORK but delivered and suitably stored at or near the OWNER or the OWNER'S agents harmless from all site, the partial payment estimate shall also be accom- claims growing out of the lawful demands of SUB- panied by such supporting data, satisfactory to the CONTRACTORS, laborers, workmen, mechanics, ma- OWNER, as will establish the OWNER's title to the ma- teriaimen, and furnishers of machinery and parts terial and equipment and protect his interest therein, thereof, equipment, tools, and all supplies, incurred in including applicable insurance. The ENGINEER will, the furtherance of the performance of the WORK. The within ten (10) days after receipt of each partial pay- CONTRACTOR shall, at the OWNER'S request, furnish ment estimate, either indicate in writing his approval of satisfactory evidence that all obligations of the nature payment and present the partial payment estimate to designated above have been paid, discharged, or the OWNER, or return the partial payment estimate to waived. If the CONTRACTOR fails to do so the OWN- the CONTRACTOR indicating in writing his reasons for ER may, after having notified the CONTRACTOR, refusing to approve payment. In the latter case, the either pay unpaid bills or withhold from the CON- CONTRACTOR may make the necessary corrections TRACTOR'S unpaid compensation a sum of money and resubmit the partial payment estimate. The OWN- deemed reasonably sufficient to pay any and all such ER will, within ten (10) days of presentation to him of lawful claims until satisfactory evidence is furnished an approved partial payment estimate, pay the CON- that all liabilities have been fully discharged where- TRACTOR a progress payment on the basis of the ap- upon payment to the CONTRACTOR shall be resumed, proved partial payment estimate, The OWNER shall re- in accordance with the terms of the CONTRACT ' tain ten (10) percent of the amount of each payment un- DOCUMENTS, but in no event shall the provisions of til final completion and acceptance of all work covered this sentence be construed to impose any obligations by the CONTRACT DOCUMENTS. The OWNER at any upon the OWNER to either the CON'T'RACTOR, his time, however, after fifty (50) percent of the WORK Surety, or any third party. In paying any unpaid ' has been completed, if he finds that satisfactory prog- bills of the CON'T'RACTOR, any payment so made by • ress is being made, shall reduce retainage to five (51/,) the OWNER shall be considered as a payment made percent on the current and remaining estimates. When under the CONTRACT DOCUMENTS by the OWNER the WORK is substantially complete (operational or to the CONTRAC'T'OR and the OWNER shall not he ' beneficial occupancy), the retained amount may be liable to the CONTRAC'T'OR for any such payments further reduced below five (5) percent to only that made in good faith, amount necessary to assure completion. On completion and acceptance of a part of the WORK on which the 19.7 If the OWNER fails to make payment thirty (30) price is stated separately in the CONTRACT DOCU- days after approval by the ENGINEER, in addition to MENTS, payment may be made in full, including re- other remedies available to the CONTRACTOR, there tained percentages, less authorized deductions. shall be added to each such payment interest at the maximum legal rate commencing on the first day after , 19.2 The request for payment may also include an said payment is due and continuing until the payment allowance for the cost of such major materials and is received by the CONTRACTOR. Document No. i t , General Conditions:Pape 6 of 9 20. ACCEPTANCE OF FINAL PAYMENT AS operations under the CONTRACT DOCUMENTS, RELEASE whether such operations bo by himself or by any SUBCONT'RAC'TOR under him, or anyone directly or 20.1 The acceptance by the CON'T'RACTOR of final indirectly employ(.(] by the CONTRACTOR or by a payment shall he and shall operate as a release to the SUBCONTRAC'T'OR under him. Insurance shall be OWNER of all claims and all liability to the CONTRAC- written with it limit of liability of not less than $500,000 TOR other than claims in staled amounts its may he for all damages arising out of bodily injury, including specifically excepted by the CONTRACTOR for all death, al any time resulting therefrom, sustained by things done or furnished in connection with this WORK any one person in any one accident; and a limit of and for every act and neglect of the OWNER and others liability of not less than $500,000 aggregate for any relating to or arising out of this WORK. Any payment, such damages sustained by two or more persons in any however, final or otherwise, shall not release the one accident. Insurance shall be written with a limit CONTRACTOR or his sureties from any obligations of liability of not less than $200,000 for all property under the CONTRACT DOCUMEN'T'S or the Perform- damage sustained by any one person in any one acci- ance BOND and Payment BONDS. dent; and it limit of liability of not less than $200,000 aggregate for any such damage sustained by two or more persons in any one accident. 21. INSURANCE 21,3.2 The CON'T'RACTOR shall acquire and 21.1 The CONTRACTOR shall purchase and maintain maintain, if applicable, fire and Extended Coverage such insurance as will protect him frorn claims set forth insurance upon the PROJECT to the full insurable below which may arise out of or result from the CON- value thereof for the benefit of the OWNER, the CON- TRACTOR'S execution of the WORK, whether such ex- TRACTOR, and SUBCONTRACTORS as their interest ecution be by himself or by any SUBCONTRACTOR may appear. This provision shall in no way release the or by anyone directly or indirectly employed by any CONTRACTOR or CONTRAC'TOR'S surety from obli- of them, or by anyone for whose acts any of them may gations under the CONTRACT DOCUMENTS to fully be liable: complete; the PROJECT. 21,1.1 Claims under workmen's compensation, 21.4 The CONTRACTOR shall procure and maintain, disability benefit and other similar employee benefit at his own expense, during the CON'T'RACT TIME, in acts: accordance with the provisions of the laws of the state in which the work is performed, Workmen's 21.1.2 Claims for damages because of bodily Compensation Insurance, including occupational injury, occupational sickness or disease, or death of disease provisions, for all of his employees at the site his employees; of the PROJECT and in case any work is sublet, the CONTRACTOR shall require such SUBCONTRACTOR 21,1.3 Claims for damages because of bodily in- similarly to provide Workmen's Compensation Insur- jury, sickness or disease, or death of any person other ante, including occupational disease provisions for all than his employees; of the latter's employees unless such employees are covered by the protection afforded by the CONTRAC- 21.1.4 Claims for damages insured by usual per- TOR. In case any class of employees engaged in haz- sonal injury liability coverage which are sustained (1) ardous work under this contract at the site of the by any person as a result of an offense directly or in- PROJECT' is not protected under Workmen's Compen- olrecliy relates! to the employment of such person by sation statute, the CONTRAC'T'OR shall provide, and the CONTRACTOR, or (2) by any other person: and shall cause each SUBCONTRACTOR to provide, ade- quate and suitable insurance for the protection of his t' employees not otherwise protected. :.'1.1.5 Claims for damages because of injury to or destruction of tangible property, Including loss of use 21.5 The CONTRACTOR shall secure, if applicable, resulting therefrom. "All Risk" type Builder's Risk Insurance for WORK to ' be performed. Unless specifically authorized by the 21.2 Certificates of Insurance acceptable to the OWN- OWNER, the amount of such insurance shall not be ER shall be filed with the OWNER prior to commence- less than the CONTRACT PRICE totaled in the BID. ment of the WORK. These Certificates shall contain it The policy shall cover not less (ban the losses due to provision that coverages afforded under the policies fire, explosion, hail, lightning, vandalism, malicious will not be cancelled unless at least fifteen (15) days mischief, wind, collapse, riot, aircraft, and smoke dur- prior WRI"T"TEN NOTICE has been given to the OWN- ing the CONTRACT 'TIME, and until the WORK is I:R. accepted by the OWNER. The policy shall name as the insured the CON'T'RAC'T'OR, the ENGINEER, and the 21.3 The CONTRACTOR shall procure and maintain, OWNER. at his own expense, during the CONTRACT 'TIME, li- ability insurance as hereinafter specified: ,;), CONTRACT SECURITY 21.3.1 CONT'RACTOR'S General Public liability and Property Damage: Insurance including vehicle 123 The C'ONT'RAC'T'OR shall within ten (10) clays coverage issued to the CONTRACTOR and protecting after the receipt of the NOTICE OF AWARD furnish him from all claims for personal injury, including the OWNER with it Performance Bond and it Payment death, and all claims for destruction of or damage to Bond in penal sums equal to the amount of the CON- pruperty, arising out of or in connection with any TRACT PRICE, conditioned upon the performance by Document No. 11 General Conditions:Pape 7 of 9 the CON'T'RACTOR of all undertakings, covenants, Iracts in connection wish this PROJECT. The CON- terms, conditions and agreements of the CONT'RAC'T TRACTOR shall afford other CONTRACTORS reason- DOCUMEN'T'S, and upon the prompt payment by the able opportunity for the introduction and storage of CONTRACTOR to all persons supplying labor and (heir materials +aid the execution of their WORK. and materials in the prosecution of the WORK provided by shall properly connect and coordinate his WORK with the CONTRACT DOCUMENTS. Such BONDS shall be theirs. If the proper execution or results of any part of executed by the CONTRACTOR and a corporate bond- the CON'T'RACT'OR'S WORK depends upon the WORK ing company licensed to transact such business in of any other CONTRACTOR, the CONTRACTOR shall the state in which the WORK is to be performed and inspect and promptly report to the ENGINEER any named on the current list of "Surely Companies Ac- defects in such WORK that render it unsuitable for ceptable on Federal Bonds" as published in the Treas- such proper execution and results. ury Department Circular Number 570, The expense of '15.2 The OWNER inav perform additional WORK re- these BONDS shall be borne by the CONT'RACT'OR. laled to the PROJECT by himself, or he may let other If at any time a surety on any such BOND is declared contracts containing provisions similar to these. The a bankrupt or loses its right to do business in the state CON'T'RAC'T'OR will afford the other CONTRACTORS in which the WORK is to be performed or is removed who are parties to such Contracts (or the OWNER, if from the list of Surety Companies accepted on Federal he is performing the additional WORK himself), rea- BONDS, CONTRACTOR shall within ten (10) days sonable opportunity for the introduction and storage after notice from the OWNER to do so, substitute an of materials and equipment and the execution of acceptable BOND (or BONDS) in such form and sum WORK, and shall properly connect and coordinate his and signed by such other surety or sureties as may be WORK with theirs. satisfactory to the OWNER. The premiums on such BOND shall be paid by the CONTRACTOR. No further 25.3 If the performance of additional WORK by other payments shall be deemed due nor shall be made until CONTRACTORS or the OWNER is not noted in the the new surety or sureties shall have furnished an CONTRACT DOCUMENTS prior to the execution of acceptable BOND to the OWNER. the CONTRACT, written notice thereof shall be given 23. ASSIGNMENTS to the CONTRACTOR prior to starting any such addi- tional WORK. If the CONTRACTOR believes that the 23.1 Neither the CONTRACTOR nor the OWNER performance of such additional WORK by the OWNER shall sell, transfer, assign or otherwise dispose of the or others involves him in additional expense or entities Contract or any portion thereof, or of his right, title or him to an extension of the CONTRACT TIME, he may interest therein, or his obligations thereunder, without make a claim therefor as provided in Sections 14 and written consent of the other party. 15. 24. INDEMNIFICATION 26. SUBCONTRACTING 24.1 The CONTRACTOR will indemnify and hold 26.1 The CONTRACTOR may utilize the services of harmless the OWNER. and the ENGINEER and their specialty SUBCONTRACTORS on those parts of the agents and employees from and against all claims, WORK which, under normal contracting practices, are damages, losses and expenses including attorney's performed by specialty SUBCONTRACTORS. fees arising out of or resulting from the performance of the WORK, provided that any such claims, damage, 26.2 The CONTRACTOR shall not award WORK to loss or expense is attributable to bodily injury, sick- SUBCONTRAcTOR(s), in excess of fifty (50'/,) percent ness, disease or death, or to injury to or destruction of of the CONTRACT PRICE, without prior written ap- tangible property including the loss of use resulting proval of the OWNER. therefrom; and is caused in whole or in part by any 26.3 The CONTRACTOR shall be fully responsible to negligent or willful act or omission of the CONTRAC- the OWNER for the acts and omissions of his SUB- TOR, and SUBCONTRACTOR, anyone directly or in- CONTRACTORS, and of persons either directly or in- directly employed by any of them or anyone for whose directly emploved by them, as he is for the acts and acts any of them may be liable. omissions of persons directly employed by him. 24.2 In any and all claims against the OWNER or the 26.4 The CONTRACTOR shall cause appropriate pro- ENGINEER, or any of their agents or employees, by visions to be inserted in all subcontracts relative to the any employee of the CONTRACTOR, any SUBCON- WORK to bind SUBCONTRACTORS to the CONTRAC- TRACTOR, anyone directly or indirectly employed TOR by the terms of the CONTRACT DOCUMENTS by any of them, or anyone for whose acts any of them insofar as applicable to the WORK of SUBCONTRAC- may be liable, the indemnification obligation shall not TORS and to give the CONTRACTOR the same power ' be limited in any way by any limitation on the amount as regards terminating any subcontract that the OWN- or type of damages, compensation or benefits payable ER may exercise over the CONTRACTOR under any by or for the CONTRACTOR or any SUBCONTRAC- provision of the CON'T'RACT DOCUMENTS. TOR under workmen's compensation acts, disability ' benefit acts or other employee benefits acts, 26.5 Nothing contained in this CONTRACT shall cre- ate any contractual relation between any SUBCON- 24.3 The obligation of the CONTRACTOR under this TRACTOR and the OWNER. paragraph shall not extend to the liability of the ENGINEER, his agents or employees arising out of the 27. ENGINEER'S AUTHORITY preparation or approval of maps, DRAWINGS, opini- ons, reports, surveys, CHANGE ORDERS, designs or 27.1 The ENGINEER shall act as the OWNER'S repre- SPECIFICATIONS. sentalive during the construction period. He shall de- cide questions which may arise as to quality and ac- 25. SEPARATE CONTRACTS ceptability of materials furnished and WORK per- formed. I Ie shall interpret the intent of the CONTRACT 25.1 The OWNER reserves the right to let other con- DOCUMENTS in it fair and unbiased manner. The Document No. 11 1 General conditions:Page a of 9 ENGINEER will make visits it) the site and determine if necessary by reason of such defects Including the re- the WORK is proceeding in accordance with the CON- pairs of any damage to other parts of the system re- TRACT DOCUMEN'T'S. stilling from such defects. The OWNER will give notice 27.2 The CONTRACTOR will be held strictly to the In- of observed defects with reasonable promptness. In the tent of the CONTRACT DOCUMENTS in regard to the event that the CONTRACTOR should fail to make such quality of materials, workmanship and execution of the repairs, adjustments, or other WORK that may be made WORK. Inspections may be made at the factory or fah- necessary by such defects, the OWNER may do so and f rication plant of the source of material supply. charge the CONTRACTOR the cost thereby incurred. The Performance BOND shall remain in full force and 27.3 The ENGINEER will not be responsible for the effect through the guarantee period. construction means, controls, techniques, sequences, procedures, or construction safety. 30. ARBITRATION 27.4 The ENGINEER shall promptly make decisions 30.1 All claims, disputes and other matters in question relative to interpretation of the CONTRACT DOCU- arising out of, or relating to, the CONTRACT DOCU- MENTS. MENTS or the breach thereof, except for claims which have been waives) by the making and acceptance of 28. LAND AND RIGHTS-OF-WAY final payment as provided by Section 20, shall be de- 28.1 Prior to issuance of NOTICE TO PROCEED, the sided by arbitration in accordance with the Construc- OWNER shall obtain all land and rights-of-way noces- lion Industry Arbitration Rules of the American Arbi- sary for carrying out and for the completion of the tration Association. This agreement to arbitrate shall be WORK to be performed pursuant to the CONTRACT specifically enforceable under the prevailing arbitra- DOCUMENTS, unless otherwise mutually agreed. lion law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any 28.2 The OWNER shall provide to the CONTRACTOR court having jurisdiction thereof. information which delineates and describes the lands owned and rights-of-way acquired. 30.2 Notice of the demand for arbitration shall be filed in writing with the other party to the CONTRACT 28.3 The CONTRACTOR shall provide at his own ex- DOCUMENTS and with the American Arbitration Asso- pense and without liability to the OWNER any addi- ciation, and a copy shall be filed with the ENGINEER. tional land and access thereto that the CONTRACTOR Demand for arbitration shall in no event be made on may desire for temporary construction facilities, or for any claim, dispute or other matter in question which Ask storage of materials. would he barred by the applicable statute of limita- 29. GUARANTY tions. 30.3 The CONTRACTOR will carry on the WORK and 29.1 The CONTRACTOR shall guarantee all materials maintain the progress schedule during any arbitration and equipment furnished and WORK performed for a proceedings, unless otherwise mutually agreed in period of one (1) year from the date of SUBSTANTIAL writing. COMPLETION. The CONTRACTOR warrants and guar- antees for a period of one (1) year from the (late of 31. TAXES SUBSTANTIAL. COMPLETION of the system that the completed system is free from all defects due to 31.1 The CONTRACTOR will pay all sales, consumer, faulty materials or workmanship and the CONTRAC- use and other similar taxes required by the law of the TOR shall promptly make such corrections as may be place where: the WORK is performed. Document No. i l General Condition: Pape 9 of 9 APPENDIX C-2 REQUIRED PROVISIONS CONSTRUCTION CONTRACTS SUPPLEMENTAL GENERAL CONDITIONS . 1. General 2. Audit; Access to Records 3. Price Reduction for Defective Cost or Pricing Data 4. Labor Standards 5. Utilization of Small or Minority Business 6. Covenant Against Contingent Fees 7. Gratuities 8. Patents 9. Copyrights ' 10. Prohibition Against Listed Violating Facilities I DRAFT FFR - 6 1976 1. GENERAL oil (a) The Owner and the Contractor agree that the following supplemental general .provisions shall apply to the work to be performed under this contract and that such provisions shall supersede and govern any conflicting provisions of this ■ contract. (b) This contract is funded in part by a grant from the U. S. Environmental Protection Agency. Neither the United States nor the U. S. Environmental Protection Agency is a party. to this contract. This contract is subject to regulations contained in 40 CFR 35. 936, 35.938, and 35.939. 2. AUDIT; ACCESS TO RECORDS (a) The Contractor shall maintain books, records, documents and other evidence directly pertinent to performance on EPA grant work under this agreement- in accordance with accepted business practice, appropriate accounting procedures and practices, and 40 CFR 30. 605, 30.805, and 35. 935-7. The contractor shall also maintain the financial information and data used by the Contractor in the preparation or support of the cost submission required pursuant to 40 CFR 35.'938-5 for any negotiated contract or change order and a copy of the cost summary submitted to the Owner. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, Owner, and (the State water pollution control agency] or any of their duly authorized representatives shall have access to such. .. books, records, documents and other evidence for the purpose of inspection, audit and copying. The Contractor will provide proper facilities. for such access and inspection. (b) If this contract is a formally advertised, competitively awarded, fixed price contract, the contractor -agrees to make paragraphs (a) through (f) of this clause applicable to all negotiated change orders and contract ' amendments in excess of $10,000 affecting the contract price, In the case of all other prime contracts, the Contractor agrees. to include paragraphs (a) through (f) of this clause in all his contracts and all tier subcontracts or change orders thereto directly related to project performance which are in excess of $10,000. (c) Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or audit agency (ies) . . 2 t�vs.•i.i,,;y;J ® (d) The Contractor agrees to the disclosure of all 1 information and reports resulting from access to records pursuant to paragraphs(a) and (b) above, to any of the agencies referred to in paragraph (a) , above. Where the audit concerns the Contractor, the auditing agency will afford the Contractor an opportunity for an audit exit conference, and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report will include the pertinent written comments, it any, of the audited parties. (e) Records under paragraphs (a) and (b) above, shall be maintained and made available during performance on EPA grant work under this- agreement and until three years from the date of final EPA grant payment for the project. In addition, those .records which relate to any "Dispute" appeal under an EPA grant agreement, or litigation, or the settlement of claims arising out of such. performance, or costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. (f) The right of access conferred by this clause will ® generally be exercised (with respect to financial records) under (1) negotiated prime contracts, (2) negotiated change orders or contract amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price contract, and (3) subcontracts or purchase orders under any contract other than a formally advertised, competitively awarded, fixed price contract. However, this right of access will generally not be exercised with respect to a prime contract, subcontract, or purchase order awarded after effective Frice competition. In any event, such right of access may be exercised under any type of contract or subcontract (1 ) with respect to records pertaining directly to contract performance, excluding any financial records of the contractor, and (2) if there is any indication that fraud, gross abuse, or corrupt practices may be involved. 3. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA This clause is required by EPA and is applicable only to j11 any negotiated grime contract in excess of $100,000; negotiated contract amendments or change orders in excess of $100,000 affecting the price of a formally advertised, competitively awarded, fixed price contract; or ,3) any subcontract or purchase order in excess of 1100,000 under a rime contract other than a formally advertised, competitively awarded, fixed price contract. However, this clause is not aplicable for contracts or subcontracts to the extent that 3 ,they are awarded on the basis of effective price competition. The Owner My elect not to utilize this clause where any such negotiated contract or subcontract is $100,000 or less, (a) If the EPA Project officer determines that any price (including profit) negotiated in connection with this contract, or any cost reimbursable under this contract, was increased by any significant sums because the Contractor, or any subcontractor furnished incomplete or inaccurate cost or pricing data or data not current as certified in his certification of current cost or pricing data (EPA Form 5700- 41) , then such price or cost or profit shall be reduced accordingly and the contract shall be modified in writing to reflect such reduction. (b) . Failure to agree on a reduction shall be subject to Article 30 (Arbitration) of the General Conditions of this contract. JNOTE - Since the contract is subject to reduction under this clause by reason of defective cost or pricing data. . . submitted in connection with certain subcontracts, the Contractor may wish to include a clause in each such subcontract requiring the subcontractor to appropriately indemnify the Contractor. It is also expected that any subcontractor subject to such indemnification will generally require substantially similar indemnification for defective cost or pricinn data required to be submitted by. his lower tier subcontractors.) 4. LABOR STANDARDS The contractor agrees that "construction" work ,(as defined by the Secretary of Labor) shall .be be subject to the following . labor standards provisions, to the extent applicable: (a) Davis-Bacon Act (40 U.S.C. 276a-276a-7) ; (b) Contract Work Hours and Safety Standards Act (40 U.S.C. 327-33) ; (c) Copeland Anti-Kickback Act (18 U.S.C. 874) ; and (d) Executive Order 11246 (Equal Employment opportunity) and implementing rules, regulations, and relevant orders of the ' Secretary of Labor or EPA; and the Engineer further agrees that this contract shall include and be subject to the "Labor standards Provisions for Federally Assisted Construction ' 4 Contracts" (EPA Form 5720-4 in effect at the time of execution of t.his agreement. 5. UTILIZATION OF SMALL AND MINORITY BUSINESS In accordance with EPA policy as Expressed in 40 CFR ,'35. 936-7, the Contractor agrees that small business and minority business enterprises shall have the maximum practicable opportunity to participate in the performance of EPA grant-assisted contracts and subcontracts. 6. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees or bonafide established commercial or selling agencies maintained by the contractor for the purpose of securing business. For breach or violation of this warranty the Owner shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7. GRATUITIES (a) The Owner may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it -is found, after notice and hearing, by the Owner that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent or representative of the Contractor, to any official or employee of the Owner or of EPA with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of this contract: Provided, That the existence of the facts upon which the Owner makes such findings shall be in issue and may, be reviewed in proceedings pursuant to Article 30 (Arbitration) of the General Conditions of this contract. (b) In the event this contract is terminated as provided in -paragraph (a) hereof, the Owner shall be entitled (1) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor, and (2) as a penalty in addition to any other damages •to which it may be entitled by law, to exemplary damages in an amount (as determined by the Owner) which shall ' 5 by not less than three nor more than ton t imes the .co:itll i nc:ur.red by the contractor in providinct any t►ur.h grit uit icy.-► h) any :mch cat t icvr. or employee. (c) The rights and remedies of the owner provided in this clause shall not be exclusive and are in addition to any rights and remedies provided by law or under this contract. 8. PATENTS If this contract involves research, . deve.lopmental, experimental, or demonstration work, and any discovery or invention arises or is developed in the course of or under this contract, such invention or discovery shall be subject to the reporting and rights provisions of Subpart D of 40 CFR Part 30 and Appendix B to 40 CFR Part 30. In such case, the Contractor shall report the discovery or invention to EPA directly or through the Owner, and shall otherwise comply with the Owneres responsibilities in accordance with Subpart D of 40 CFR Part 30. The Contractor hereby agrees that the disposition of AIM rights to inventions made under this contract shall be in accordance with the terms and conditions of the aforementioned Appendix B. The Contractor shall include provisions appropriate to effectuate the purposes of this condition in all subcontracts involving research, developmental, experimental, or demonstration work. 9. -COPYRIGHTS AND RIGHTS IN DATA The Contractor agrees that any plans, drawings, specifications, computer programs, technical reports, operating manuals, or other "Subject Data" (as defined in Appendix C to 40 CFR Part 30) are subject to the rights of the United States, as set forth in Subpart D of 40 CFR Part 30 and in Appendix C to 40 CFR Part 30, including the right to use, duplicate and disclose such manuals, etc. , in whole or in part, in any manner for any purpose whatsoever, and have others do so. For purposes of this article, "grantee" as used in Appendix C shall refer to the Contractor. If the material is copyrightable, the Contractor may copyright such as permitted by Appendix C, and subject .to the rights in the Government as set forth in Appendix C, but the owner and the Federal Government reserve a royalty-free, nonexclusive; and irreversible license to reproduce, publish and use such materials, in whole or in part, ' and to authorize others to do so. The Contractor shall include provisions appropriate to effectuate the purposes of this condition in all subcontracts expected to produce copyrightable "Subject Data. 6 e 10. PROHIBITION AGAINST LISTED VIOLATING FACILITIES 14pplicable only to a contract in excess of $1001OOQ ancj whF-ti otherwise jpLdicable pursuant to 40 Cl it Pairt : 15. ) (a) �Tho Contractor agreem as;+follow:i:; - ( 1) To comply with all thc? requirements ut f ect ion , 114 cat tho Clean Air Act, as amended (42 U.S. C. 1857, et -0;(x , as amended by Public Law 92-604) and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251', as amended by Public Law 92-500) , respectively relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract. (2) That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency list of violating facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing. ( 3) To use his best efforts to comply with clean air and clean water standards at the facilities in which the contract is being performed. (4) To insert the substance of the provisions of this clause, including this subparagraph (4) , in any nonexempt subcontract. (b) The terms used in this clause have the following meanings: - (1) The term "Air Act" means the Clean Air Act, 'as amended (42 U. S.C. 1857 et se . as amended by Public Law 92- 604) . (2) The term "Water Act" means Federal- Water Pollution Control Act, as amended (33 U.S.C. '1251 et seg. , as. amended by Public Law 92-500) . (3) The term "Clean Air Standards" means any enforceable rules, regulations, guidelines, 'standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in Section 110 (d) of the Clean Air Act (42 U.S.C. 1857c-5 (d) ) , an approved implementation procedure or plan under Section 111 (c) or Section111 (d) ) , or an approved implementation procedure under Section .112 (d) of the Air Act (42 U.S.C. 1857c-7 (d) ) . +� (4) The term "Clean Wager Standards" means any f-nforc:e-abl c- limitation, control, condition, prohibition, :tt .arn(La rd, or other rFryuirement which is promulgated pursuant to t hf- Water Art or c:ontainod in d I;ermit issued to a dischar(ler by the H'rivironmental Protection Agency or by a stdtp under do approved program, as authorized by .Section 402 of the Water Act (33 U.S.C. 1342) , or by a local government to ensure compliance witkr pretreatment regulations as required by Section 307 of the Water Act (33 U.S.C. 1317) . (5) The term "Compliance" means compliance. with Clean Air or Water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of . competent jurisdiction, the Environmental Protection Agency or an Air or Water Pollution• Control Agency in accordance wiith the requirement of the Air Act or Water Act and regulations issued pursuant thereto. (6) The term "Facility" means any building, plant, .installation, .structure, mine, vessel, or other floating craft, location, or site of operations, owned, leased, or supervised hy. a contractor or subcontractor, to be utilized in the 1)(! -orrrtarnce of a contract or subcontract. Where a location or of opi-rations contains or includes more than one building, plant, installation, or structure, the entire location or .site shall be deemed to be •a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, .'determines that independent facilities are located in one geographical area. 8 , U.S. ENVIRONMENTAL PROTECTION AGENCY LABOR STANDARDS PROVISIONS FOR FEDERALLY ASSISTED CONSTRUCTION CONTRACTS DAVIS-BACON ACT(40 U.S.C.276a-276a-7) (a) All mechanics and laborers. including apprentices and tion of a particular class of laborers or mechanics to be used,the trainees,employed or working directly upon the site of the work Contracting Officer shall submit the question, together with his shall be paid unconditionally and not less often than once a recommendation, to the Secretary of Labor for final determina- week, and without subsequent deduction or rebate tin any tae- tion. Apprentices and trainees may be added under this clause count (except such payroll deductions as are permitted by the only where they are employed pursuant to an apprenticeship or Copeland Regulations(29 CFR Part 3)), the full amounts due at trainee program meeting the requirements of the Apprentices time of payment computed at wage rates not less than the agrre- and Trainees clause below. gate of the basic hourly rates and the rates of payments. contri- (c) In the event it is found by the Contracting Officer that any butions. or costs for any fringe benefits contained in the wage laborer or mechanic, including apprentices and trainees, em- determination decision of the Secretary of Labor which is at- ployed by the Contractor or any subcontractor directly on the tached hereto and made a part hereof,regardless of any contrac- site of the work covered by this contract has been or is being tual relationship which may be alleged to exist between the Con- paid at a rate of wages less than the rate of wages required by tractor or subcontractor and such laborers and mechanics. A paragraph (a) of this clause. the Contracting Officer may (1) by copy of such wage determination decision shall be kept posted written notice to the Prime Contractor terminate his right to pro- by the Contractor at the site of the work in a prominent place ceed with the work, or such part of the work as to which there where it can be easily seen by the workers. has been a failure to pay said required wages, and(2) prosecute (b) The Contractor may discharge his obligation under this the work to completion by contract or otherwise, whereupon clause to workers in any classification for which the wage deter- wch Contractor and his sureties shall be liable to the Govern- mination decision contains: ment for any excess costs occasioned the Government thereby. (1) Only a basic hourly rate of pay, by making payment at (f) Paragraphs(a) through(e)of the clause shall apply to this not less than such basic hourly rate,except as otherwise provid- contract to the extent that it is(1)a prime contract subject to the ed in the Copeland Regulations(29 CFR Part 3):or Davis-Bacon Act.or(2)a subcontract also subjer_t to the Davis- (2) Both a basic hourly rate of pay and fringe benefits pay- Bacon Act under such prime contract. ments,by making payment'in cash,by irrevocably making con- tributions pursuant to a fund, plan, or program for, and/or by CONTRACT WORK HOURS AND SAFETY STANDARDS assuming an enforceable commitment to bear the cost of, bona ACT—OVERTIME COMPENSATION(40 U.S.C.327-333) fide fringe benefits contemplated by the Davis-Bacon Act,or by any combination thereof.Contributions made,or costs assumed. (a) The Contractor shall not require or permit any laborer or on other than a weekly basis shall be considered as having been mechanic, including apprentices. trainees, watchmen, and constructively made or assumed during a weekly period to the guards,in any workweek in which he is employed on any work extent that they apply to such period. Where a fringe benefit is under this contract to work in excess of 8 hours in any calendar expressed in a wage determination in any manner other than as day or in excess of 40 hours in such workweek or work subject to an hourly rate and the Contractor pays a cash equivalent or pro- the provisions of the Contract Work Hours and Saliety Standards vides an alternative fringe benefit, he shall furnish information Act unless such laborer or mechanic, including apprentices, with his payrolls showing how he determined that the cost in- trainees,watchmen,and guards,receives compensation at a rate curred to make the cash payment or to provide the alternative not less than one and one-half times his basic rate of pay for all fringe benefit is equal to the cost of the wage determination such hours worked in excess of 8 hours in any calendar day or in fringe benefit. In any case where the Contractor provides a excess of 40 hours in such workweek, whichever is the greater fringe benefit different from any contained in the wage determi- number of overtime hours. The "basic rate of pay." as used in nation,he shall similarly show how he arrived at the hourly rate this clause,shall be the amount paid per hour, exclusive of the shown therefor. In the event of disagreement between or among Contractor's contribution or cost for fringe benefits, and any the interested parties as to an equivalent of any fringe benefit, cash payment made in lieu of providing fringe benefits, or the the Contracting Officer shall submit the question,together with basic hourly rate contained in the wage determination,whichev- ' his recommendation.to the Secretary of Labor for final determi- er is greater. nation. (b) In the event of any violation of the provisions of paragraph (c) The assumption of an enforceable commitment to bear the (a), the Contractor shall he liable to any affected employee for cost of fringe benefits,or the provision of any fringe benefits not any amounts due, and to the United States for liquidated dam- , expressly listed in section I (b)(2)of the Davis-Bacon Act or in ages.Such liquidated damages shall be computed with respect to ® the wage determination decision forming a part of the contract, each individual laborer or mechanic, including an apprentice, may be considered as payment of wages only with the approval trainee,watchman,or guard,employed in violation of the provi- of the Secretary of Labor pursuant to a written request by the sions of paragraph(a)in the sum of$10 for each calendar day on Contractor.The Secretary of Labor may require the Contractor which such employee was required or permitted to be employed to set aside assets,in a separate account,to meet his obligations on such work in excess of 8 hours or in excess of the standard under any unfunded plan or program, workweek of 40 hours without payment of the overtime wages (d) The Contracting Officer shall require that any class of la- required by paragraph(a). borers or mechanics, including apprentices and trainees, which APPRENTICES AND TRAINEES is not listed in the wage determination decision and which is to be employed under the contract shall be classified or reclassified (a) Apprentices shall be permitted to work as such only when conformably to the wage determination decision, and shall re- they are registered, individually, under a bona fide apprentice- , port the action taken to the Secretary of Labor, If the interested ship program registered with to State apprenticeship agency parties cannot agree on the proper classification or reclassifica- which is recognized by the Bureau of Apprenticeship and Train- EPA Form 5720.-4 (5-73) PAGE 1 OR 4 PAGES 1 ing,U.S. Department of Labor;or if no such recognized agency formance of the contract and after completion of contract per- exists in a State,under a program registered with the aforesaid formance a statement describing steps taken toward making a Bureau of Apprenticeship and Training. The allowable ratio of diligent effort and containing a breakdown by craft, of hours apprentices to journeymen in any craft classification shall not be worked and wages paid for first year apprentices and trainees, greater than the ratio permitted to the Contractor as to his entire other apprentices and trainees,and journeymen.One copy of the work force under the registered program. Any employee listed statement will be sent to the Contracting Officer and one copy to on a payroll at an apprentice wage rate who is not a trainee as the Secretary of Labor. defined in paragraph(b)of this clause,and who is not registered (6) The Contractor will be deemed to have made a"diligent as above, shall be paid the wage rate determined by the Secre- etfort" as required by paragraph (c)(1) if during the per- tary of Labor for the classification of work he actually per- formance of this contract, he accomplishes at least one of the formed. The Contractor shall furnish to the Contracting Officer following three objectives:(i)The Contractor employs under this written evidence of the registration of his program and appren- contract a number of apprentices and trainees by craft,at least tices, as well as of the appropriate ratios allowed and the wage equal to the ratios established in accordance with paragraph(d) rates required to be paid thereunder for the area of construction, of this clause,or(ii)the Contractor employs,on all his construc- prior to using any apprentices in the contract work. The term tion work, both public and private, in the same labor market "apprentice"means(1)a person employed and individually reg- area,an average number of apprentices and trainees by craft at istered in a bona fide apprenticeship program registered with the least equal to the ratios established in accordance with paragraph U.S,Department of Labor,Bureau of Apprenticeship and Train- (d) of this clause, or (iii) the Contractor (A) if covered by a ing, or with a State apprenticeship agency recognized by the collective bargaining agreement, before commencement of any Bureau or(2) a person in his first 90 days of probationary em- work on the project,has given written notice to all joint appren- ployment as an apprentice in such an apprenticeship program, ticeship committees,the local U.S.Employment Security Office, who is not individually registered in the program, but who has local chapter of the Urban League,Workers Defense League,or been certified by the Bureau of Apprenticeship and Training,or a other local organizations concerned with minority employment, State Apprenticeship Council(where appropriate) to be eligible and the Bureau of Apprenticeship and Training Representative, for probationary employment as an apprentice. U.S.Department of Labor,for the locality of the work;(B)if not (b) Trainees shall be permitted to work as such when they are covered by a collective bargaining agreement,has given written bona fide trainees employed pursuant to a program approved by notice to all of the groups stated above,except joint apprentice- the U.S. Department of Labor, Manpower Administration, Bu- ship committees,and will in addition notify all non-joint appren- reau of Apprenticeship and Training.The term"trainee"means ticeship sponsors in the labor market area;(C)has employed all a person receiving on-the-job training in a construction occupa- qualified applicants referred to him through normal channels tion under a program which is approved (but not necessarily (such as the Employment Service, the Joint Apprenticeship sponsored) by the U.S. Department of Labor, Manpower Ad- Committees, and where applicable, minority organizations and ministration,Bureau of Apprenticeship and Training,and which apprentice outreach programs who have been delegated this is reviewed from time to time by the Manpower Administration function)at least up to the number of such apprentices and train- to insure that the training meets adequate standards. ees required by paragraph (d) of this clause; (D) notice, as re- (c) In connection with contracts in excess of$l0,000.the Con- ferred to herein,will include at least the Contractor's name and tractor agrees as follows: address. the agency designation, the contract number, job site (1) The Contractor shall make a diligent effort to hire for address,value of the contract,expected starting and completion performance of work under this contract a number of appren- dates,the estimated average number of employees in each occu- tices or trainees,or both,in each occupation,which bears to the pation to be employed over the duration of the contract work, average number of the journeymen in that occupation to be em- and a statement of his willingness to employ a number of appren- ployed in the performance of the contract the applicable ratio as tices and trainees at least equal to the ratios established in ac- set forth in paragraph(d)of this clause. cordance with paragraph(d)of this clause. (2) The Contractor shall insure that 25 percent of such ap- (d) The Secretary of Labor has determined that the applicable prentices or trainees in each occupation are in their first year of ratios of apprentices and trainees to journeymen in any occupa- training, where feasible. Feasibility here involves a considera- tion for the purpose of this clause shall be as follows:(1)In any Lion of(i)the availability of training opportunities for first year occupation the applicable ratio of apprentices and trainees to apprentices,60 the hazardous nature of the work for beginning journeymen shall be equal to the predominant ratio for the occu- workers, and (iii, excessive unemployment of apprentices in pation in the area, where the construction is being undertaken, their second and subsequent years of training. set forth in collective bargaining agreements, or other employ- (3) The Contractor shall, during the performance of the ment agreements, and available through the Bureau of Appren- contract,to the greatest extent possible, employ the number of ticeship and Training Representative, U.S. Department of La- apprentices or trainees necessary to meet currently the require- bor.for the applicable area;(2)for any occupation for which no ments of paragraphs(c)(1)and(c)(2)of this clause. ratio is found, the ratio of apprentices and trainees to journey- (4) The Contractor shall maintain records of employment then shall be determined by the Contractor in accordance with on this contract by trade of the number of apprentices and train- the recommendations set forth in the Standards of the National , ees,apprentices and trainees in first year of training,and of jour- Joint Apprentice Committee for the occupation,which are on file neymen,and the wages paid and hours of work of such appren- at offices of the U.S. Department of Labor's Bureau of Appren- tices,trainees,and journeymen.In addition,the Contractor who ticeship and Training;and (3) for any occupation for which no claims compliance based on the criterion set forth in paragraph such recommendations are found, the ratio of apprentices and (c)(6)(ii)of this clause shall maintain such records of employ. trainees to journeymen shall be at least one apprentice or trainee merit on all his construction work in the same labor market area, for every five journeymen. both public and private,during the performance of this contract. In each of the above cases the Contractor shall make such ' records available for inspection upon request pf the Department PAYROLLS AND BASIC RECORDS of Labor or the Contracting Officer. (5) The Contractor shall supply one copy of each of the (a) The Contractor shall maintain payrolls and basic records written notices required in accordance with paragraph(c)(6)(iii) relating thereto during the course of the work and shall preserve , of this clause at the request of the Contracting Officer.The Cqn- them for a period of 3 years thereafter for all laborers and me. tractor also agrees to suoply at 3-month intervals during the per. chanics,including apprentices,trainees,watchmen,and guards, EPA Form 5720..4 (5-73) PAGE 2 OR 4 PAGE$ working at the site of the work. Such records shall contain the CONTRACT TERMINATION—DEBARMENT name and address of each such employee, his correct classifica- tion, rate of pay (including rates of contributions for, or costs A breach of the clauses hereof entitled "Davis-Bacon Act," assumed to provide,fringe benefits).daily and weekly number of "Contract Work Hours and Safety Standards Act—Overtime hours worked,deductions made and actual wages paid. Whenev- Compensation,— "Apprentices and Trainees," "Payrolls and er the Contractor has obtained approval from the Secretary of Basic Records." "Compliance with the Copeland Regulations," Labor as provided in paragraph tc)of the clause entitled"Davis- 'Withholding of Funds," and "Subcontracts" may be grounds Bacon Act,"he shall maintain records which show the commit- for termination of the contract,and for debarment as provided in ment. its approval, written communication of the plan or pro- 29 CFR 5.6. gram to the laborers or mechanics affected,and the costs antici- pated or incurred under the plan or program. NONDISCRIMINATION PROVISIONS (b) The Contractor shall submit weekly a copy of all payrolls to the Contracting Officer.The Prime Contractor shall be respon- During the performance of this contract.the contractor agrees Bible for the submission of copies of payrolls of all subcontrac- as follows: tars. The copy shall be accompanied by a statement signed by (1) The contractor will not discriminate against any employ- the Contractor indicating that the payrolls are correct and com- ee or applicant for employment because of race,color, religion. plete. that the wage rates :•mtained therein are not less than sex,or national origin.The contractor will take affirmative action those determined by the Secretary of Labor,and that the classi- to ensure that applicants are employed, and that employees are fications set forth for each laborer or mechanic, including ap- treated during employment without regard to their race, color. prentices and trainees, conform with the work he performed. religion, sex. or national origin. Such action shall include, but Submission of the"Weekly Statement of Compliance" required not be limited to the following: Employment, upgrading, demo- under this contract and the Copeland Regulations of the Secre- tion,or transfer. recruitment or recruitment advertising: layoff tary of Labor(29 CFR Part 3)'shall satisfy the requirement for or termination:rates of pay or other forms of compensation:and submission of the above statement.The Contractor shall submit selection for training, including apprenticeship. The contractor also a copy of any approval by the Secretary of Labor with re- agrees to post in conspicuous places,available to employees and spect to fringe benefits which is required by paragraph(c)of the applicants for employment. notices to be provided setting forth clause entitled"Davis-Bacon Act." the provisions of this nondiscrimination clause. (c) The Contractor shall make the records required under this (2) The contractor will, in all solications or advertisements clause available for inspection by authorized representatives of for employees placed by or on behalf of the contractor,state that the Contracting Officer and the Department of Labor. and shall all qualified applicants will receive consideration for employ- permit such representatives to interview employees during work- ment without regard to race.color,religion,sex.or national ori- ing hours on the job. gin. (3) The contractor will send to each labor union or repre- COMPLIANCE WITH COPELAND REGULATIONS sentative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be The Contractor shall comply with the Copeland Regulations of provided advising the said labor union or workers' representa- the Secretary of Labor(29 CFR Part 3) which are incorporated tives of the contractor's commitments under this section, and herein by reference. shall post copies of the notice in conspicuous places available to employees and applicants for employment. WITHOLDING OF FUNDS (4) The contractor will comply with all provisions of Execu- tive Order 11246 of September 24, 1965,and of the rules,regula- (a) The Contracting Officer may withhold or cause to be with- tions.and relevant orders of the Secretary of Labor. held from the Prime Contractor so much of the accrued pay- (5) The contractor will furnish all information and reports ments or advances as may be considered necessary (I) to pay required by Executive Order 11246 of September 24, 1965, and laborers and mechanics, including apprentices. trainees, watch- by rules, regulations. and orders of the Secretary of Labor, or an men, and guards, employed by the Contractor or any subcon- pursuant thereto, and will permit access to his books, records, tractor on the work the fu!l amount of wages required by the con- and accounts by the administering agency and the Secretary of tract,and (2)to satisfy any liability of any Contractor for liqui- labor for purposes of investigation to ascertain compliance with dated damages under paragraph(b)of the clause entitled "Con- such rules,regulations,and orders. tract Work Hours and Safety Standards Act—Overtime Com- (6) In the event of the contractor's noncompliance with the pensation." nondiscrimination clauses of this contract or with any of the said (b) If any Contractor fails to pay any laborer. mechanic. ap- rules. regulations,or orders,this contract may be canceled,ter- prentice,trainees,watchman,or guard,employed or working on urinated.or suspended in whole or in part and the contractor may the site of the work,all or part of the wages required by the con- he declared ineligible for further Government contracts or feder- tract, the Contracting Officer may, after written notice to the ally assisted construction contracts in accordance with proce- Prime Contractor,take such action as may be necessary to cause dures authorized in Executive Order 11246 of September 24. suspension of any further payments or advances until such viola- 1965, and such other sanctions may be imposed and remedies tions have ceased. invoked as provided in Executive Order 11246 of September 24, 1965,or by rule, regulation, or order of the Secretary of Labor. SUBCONTRACTS or as otherwise provided by law. (7) The contractor will include the portion of the sentence The Contractor agrees to insert the clauses hereof entitled immediately preceding paragraph(1)and the provisions of para- "Davis-Bacon Act." "Contract Work Hours and Safety Stand- graphs (1) through (7) in every subcontract or purchase order urds Act—Overtime Compensation." "Apprentices and Train- unless exempted by rules,regulations,or orders of the Secretary ees," "Payrolls and Basic Records," "Compliance with Cope• of Labor issued pursuant to section 204 of Executive Order land Regulations," "Withholding of Funds," "Subcontracts," 11246 of September 24, 1%5, so that such provisions will be ' and "Contract Termination—Debarment" in all subcontracts. binding upon each subcontractor or vendor. The contractor will The term "Contractor" its used in such clauses in any subcon- take such action with respect to any subcontract or purchase tract shall he deemed to refer to the subcontractor except in the order as the administering agency may direct as a means of en- phrase"Prime Contractor." forcing such provisions,including sanctions for noncompliance EPA Form 5720_4(5-73) PAGE 3 OF 4 PAGES Provided,however,That in the event a contractor becomes In- roundings or under working conditions which are unsanitary. volved In,or Is threatened with,litigation with a subcontractor or hazardous,or dangerous to his health or safety, as determined vendor as a result of such direction by the administering agency, under construction safety and health standards promulgated by the contractor may request the United States to enter into such regulations of the Secretary of Labor. litigation to protect the interests of the United States. (b) The contractor shall comply with the Department of Labor CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Safety and Health Regulations for Construction promulgated —SAFETY AND HEALTH(40 U.S.C.327-333) under section 107 of the Contract Work Hours and Safety Stand- (a) The contractor shall not require any laborer or mechanic ards Act(40 U.S.C.327 et seq.). employed in the performance of the contract to work in sur• 1 EPA Form 5720-4(5-73) PAGE 4 OF 4 PAG[f U.a.GOVERNMENT PRINTING OFFICE; 1973-727-677/736 3.1 , :i�t+01 RULES AND REGULATIONS ceduros do not conflict with minimum § 35.930-8 1'ri%it? (if rownirt. roil::rc:nt•uls ;,et 101,01 lm this subci)ap- Neither the Environmental Protection ter.(b) 8wute Pr kcal Iaws, ordinances, A,,enev nor t1w United State., shall be a rc!"4:ations or procedures which are de- cont.' to t+n) subai,recntent tier to any c•0ntr.:cts or st:bc(�:itr.�ctti), nor io any signed to or operate to give local or in- solicitation or rcgweat for proposals State bidders or proposers preference therefor. (Sre §, 35.937-9(a), 35.933-4 over other bidders or proposers shall not (c)(5) and Appendixes C-I and C-3 to be employed in evaluatlnd bi('s or pro- this subpart for tine required solicitation posals for subagreements under a grant• statement and contrr.ct)provisions.) c - § 35.936-3 Competition. § 35.930-9 Dispute.-t.. .•0.936 Procurement. It is the policy of the Environmental �. (a) Sections 35.936 through 35.939 set Protection Agency to encourage free and Only e . PA grantee may initiate ato fora: s and minimum standards open competition appropriate to the type prosecute an app. .1 to the Administrator pPl.cie, 1 under the dl:laacs provision of a grant for procurement of architectural or en- of project work to be perfonned. with respect to its subagreements there glnioering Ler)•ices as defined in §35.937 arc: c:-nstruction contracts as described § 33'930-1 Profits. under for Part name and benefit (see Subpart J of Pf Part 30 of this subchapter). In s 55.930 by grantees under all steps Only fair and reasonable profit, may NIeither a contractor nor a subcontractor of �,ranzs for construction 0f treatment be earned by contractors in subigree- of a gr3n'ee inay prosecute an appeal crcr`e. Acquisition of real property shall ments under FPA grants. See § 35.937-7 older the disputes provisions of a giant to c•o.ducted in accordance with Part 4, (Profit) for discussion of profits under in its own name or interest. S::lzpart F of this chapter. Other pro- negotiated subagreements for architec- c.ren,ents of goods and services shall be tural or engineering services, and §35.93(x-10 Federal procurement regu c:n'ucted in accordance with the Prot!- f 35.935-5(f) for discussion of profits un- l:itions. -:or o` Part 33 of this subchapter, der negotiated charge orders to con- Regttlutions applicable to direct Fed- _s This subpart does not apply to struction contracts. Profit included in a eral procurement shall not be applicable v c-: beyond the scope of the project for formaily advertised, competitively bid, to subagreements under grants except as r.Iach grant assistance is awarded Me,, fixed price construction contract stated in this subchapter, ineligible work). awarded pursuant to §35.938 is pre- sumed to be reasonable. §3$.9 iii igr Ccncr:tl requirements for a 55.93(r-I Definitions. suLugreeutents. responsibility.tee res 5 G 936- ran p y. As used in§E 35.936 through 35.939,the § 35. Sttb.^.creements must: 'o ing words and terms shall have the (a) The grantee is responsible for the (a) Be necessary for and directly ring set forth below. All terms not administration and successful accom- related to the accomplishment of the .ned herein shall have the meaning plishnment of the project for which EPA project work; F;t•e„ to them in § 30.135 of this sub- grant assistance is awarded.The grantee (b) Be in the forin of a bilaterally chapter. and in §35.905. is responsible for the settlement and executed c.ritten agreement (except.for t31 Grant agreement. The written satisfaction of all contractual and ail- small purchases of $10.000 ar Ies,); agreement and amendments thereto be- ministrative issues arising out of s,.b- (ci Be for monetary. or in-kin an d con- tween EPA and a grantee in which the agreements entered into under the grant sideration; and terns and conditions governing the (except as provided in §35.936-6 (EPA .(d) Not be in the nature of a grant :ant are stated and agreed to by both responsibility) below) in accordance or gift. parties pursuant to 130.345 (Award of with sound business judgment and good l.ra,tj of this subchapter. administrative practice. This includes a 35.936-12 D,,cumentation. (bi Subagreenient. A written agree- (but is not limited to) issuance of in- (a) Procurement records and files for rent between au EPA grantee and an- rit3tions for bids or request,, for pro- p...chases in excess of $10,000 shall in- mher party (other than another public posals, selection of contractors, award elude the following: Agency) and any tier of agreement of contracts, protests of award, claims, (1) Basis for contractor selection; V-ere•,:rder for the furnishing of services, disputes• and other related procurement (3) Justification for lack of competi- s� or equipment necessary to com- matters. tion if competition appropriate to the p:Fte -.',"e project for which a grant was (b) With the prior written approval of type of project wort: to be performed Is 27•ar_4ed, including contracts and sub- the Regional Administrator, there func- required but not obt.+ined; and co.^.;:•acts for personal -nd professional Lions may be performed for the grantee (Si Basis for a.vard cost or price. sent:,-es end purchase orders. (See by an Individual or firm retained for the (b) Procurement documentation, re- _ 35.9'7-1; and 35.938-9 regarding sub- purpose.Such an agent acts fur the gran- quiz ed by §30.£05 (Records) of this sub- ' cc.m.,.-acts of any tier under prime con- tee and is subject to the provisions of ehaptcr and by this subpart, including tra; s for architectural or engineering this subpart applicable to the grantee. a copy of each st:bagreement, must be se vices or construction awarded by the § 35.936-6 EPA responsibility. ret:dneri b;; the grantee or contractors t'-antee—generally applicable or.1y to Generally, EPA is responsible only for of the grantee for the period of time subcontracts in excess of $10,000.) specir:ed III § 30.805 (Records) of this ' reviewing grantee compliance with Fed- subchapter and is subject to all the re- (c) Contractor. The darty to whom a eral requirements applica'.:le to a Cran- c,uirc)nents of § 30."oc'j5 of this subchapter. ofbrGrante is awarded. tee's precurem ent. However, whcre spc- A copy of each suba^ree:cent must be Grantee. Any municipality which cifically provided in this chapter, EPA is furnished to time Project Officer upon t.een awarded a grant for construe- responsible for making the determina- a • on of a treatment .vorhs pursuant to request. tion concerning conm,�lir.nce with Federal this s::bp3rt. In addition, where appro- requirements. § 35.936.-13 Spec-Meations. p.:a'a in !135.936 through 35.939, the (::) Nonrestrictive specifications. (1) des4pr.F.t:on grantee may aLao refer to an § 33.936 Small and minority Lusinca;. No specification for bids or statement of a_P'! a 1,.t.for such a grant. Positive eTo:•ts shall be made by gran- ••vurk in connection with such works shall §33.93161-2 Grantee proctiretnent (.ys- tees to utilize•small business and minor- b.? written in such a manner as to con- tcnu:State or local law. ity-mined btisines sources of supplies tain proprietary, exclusionary, or dis- (ai Granteer map use their own pro- and services. Such efforts should allow criminatory requirements other than ct.(a' G1, ,)stems and procedures which these sources the maximum fea=lbie op- those based upon performance, unless meet applicable requirements of State, portunity to compete for subagreements such requirements are necessary to test territorial or local laws and ordinances and contracts to be performed utilizing or demonstrate a specific thing or to pro- to the extent that such systems and pro- Federal grant funds. vide for necessary interchangeability of FEDERAL REGISTER, VOL. 40, NO. 243--WEDNESDAY, DECEMBER 17, 1975 ,\ 58605 RULES AND REGULATIONS Parts and equipment, or at least two pollution requirements of the Clean Air tion pursuant to paragraph (b) of this brand ramcs or trade names of compara- Act and the Federal Water Pollution section is necessary to accomplish sound ble gtt••tilty or utility are listed anti are Cnntrq,I Act, its set forth in ¢30.420-3 procurement. foltvt+ed by t11e words "or equal." The (Prohibition against violating facilities) (b) All negotiated procurement shall single base bid method of solicitation for of this subchapter and Part 15 of this be conducted in a manner to provide ec.-umm. ent and parts for determination chapter (Administration of the Clean tine maximum practicable extent o of a lax responsive bidder may not be Air Act and the Federal Water Pollution and free competition appropriate to t utillted. W:t1t regard to materials, if a Control Act With Respect to Federal type of project work to, be performed. sir1 ie material is specified, the grantee Contracts,Grants or Loans); or Negotiation of subagreements by the mast be prewar d to substantlate the (c) To any person or organization grantee is authorized in accordance with bats:, for the selection of the material. which is ineligible pursuant to the con- the applicable procedures of this sub- project specifications shall, to the Met of interest requirements of 4 30.420-4 chapter if any of the following conditions estcrt practicable,provide for mr.xinium (Co:iP,iet of interest) of this subchapter. are applicable: use of structure�, maclimes, products, § 35.(,'6.-16 Code or atnndart14 of con• (l) Public exigency will not permit the matcru,k, construction methods, and duet. delay Incident to formally advertised pro- Tr which are readily available curement (e.g., an emergency procure- thmu.:h competitive procurement, or (a) The[grantee must maintain a code mend. through standard or proven production or standards of conduct which shall gov- (2) The aggregate amount involved teclullques, methods, and processes, ex- ern the performance of its officers, em- does not exceed $10,000 (see 3 35.936-19 eept to the extent that advanced tech- Plo"*ees,or al"ents in the conduct of prof- for small purchases). noiai;y may be utilized pursuant to ect work,including procurement and the (3) The material or service to be pro- f 35.St18. expending of project fonds,The grantee's cured is available from only one personor ,bl Sore source restrit•tion. A specifl- officers,employees or a"rits shall neither entity.If the procurement is expected to cation shall not require the use of struc- solicit nor accept gratuities, favors or aggregate more than$30,000,the grantee times, materials, equipment, or processes anything of monetary value from con- must document its file with a justLSca- which are known to be available only tractors or potential contractors. The Lion of the need for noncompetitive pro- from a sole source, unless such use has grantee must avoid personal or oraani- curement, and provide such documenta- been adequately justified in writing by zational conflicts of interest or noncom- tion to the Project Officer on request, the grantee's engineer as meeting the petitive procurement practices which re- . (4) The procurement is for personal or minimum needs of the particular project. strict•or eliminate competition or other- professional services (including archi- rc) F•rpericnce clause restriction. The '•Oise restrain trade. tectural or engineering services) or for general use of experience clauses re- (b) To the extent permissible by State any seit•ice to be rendered by a university quiring equipment manufacturers to or local lair or formal institutional re- or other educational institution. have a record of satisfactory operation quirenients and procedures, such stand- (5) No responsive, responsible bids at for a specified period of time or of bonds aids shall provide for penalties, Banc- acceptable price levels have been receive or deposits to guarantee replacement in tions. or other adequate disciplinary ac- after formal advertising, and, with the event or failure is restricted to special tions to be Instituted for project-related spect to procurement under i 35.93 cases where the grantee's engineer ade- violations of law or of such code or stand- (Formal advertising , prior written ap- r;uately justifies tiny SUch requirement ards of conduct by either the grantee proval of the Regional Administrator in writing. Where such justification has of iceis, employeps, or agents, or by con- has been obtained. been made, submission of a bond or de- tractors or their agents. (6) The procurement is for materials r c) floe gran tee must inform the Proj- or services where the prices are estab- posit shall be permitted h, lieu of a ect O^leer in writing of each serious lished by law. specified experience period, and the �111coation of a project-related violation (7) The procurement is for technical period of time for which such bond or or kno'sva or proven project-related vio- items or equipment requiring standard- deposit Is required should not exceed the lation of Iaw or code or standards of ivation and interchangeability of parts experience period specified. condnec, by its officers, employees, con- with existling equipment. §35.936-14 Forec areount Mork. tractors• or by their agents, and of the (8) The procurement is for experi- (a) A grantee must secure prior writ- prosecutive or disciplinary action taken mental, developmental or research serv- ten approval of the Project Officer for by the grantee with respect to such in- ices. Fed- utilization of the force account method fractions, End must cooperate with Fed- § 33.936-19 Small purcha=es. in lieu of subagreement for any step 1 coal of;icials with respect to any Feder::) any or step 2 work in excess of $1C,000 or prosecutive or disciplinary actions insti- (a) A small purchase Is the procure- tuted with respect to such infractions, ment of materials, supplies, and services ttep 3 work in excess of $25,000 unless pursuant to ; 30. 45 (Fraud and other when the aggregate amount involved LZ the force account method is stipulated unlawful or corrupt practices) of this any one transaction does not exceed ill the grant agreement. subchapter, the Project Officer must $10,000.The small purchase limitation of tb) The Projec�Officer's appruv::l shall notify the Director, EPA Security and $10,000 applies to the aggregate total of be based on the grantee's certification Inspection Division, of all such notifica- an order, including all estimated han- ' that he possesses the necessary cornpe- tions from the I.-antee. dung and freight charges,overhead,and tepee required to accomplish such Rork (d) EPA shall cooperate with the profit to be paid under the order. In ar- r,nd (1) the work can be accomplished grantee with respect to its disciplinary riving at the af;6:egate amount involved more economically by tine u8e of the force or prosecuLive actions taken with respect in any one tranSact:on,there must be in- account method, or , emergency cir- to any apparent project-related viola- eluded all items which should properly be ms ' cutances so dictate. tions of lacy or of the grantee's code or grouped together. Reasonable compet t 35.936-15 Limitations on suliagrre- standards of conduct. tion shall be obtained. went„hard. r (b) Subagreements for small p 35Jr Corrupt Fraud and other unl:,..f"i chases need not be in the form of a NO subagreenienl shall be awarded: or curn,pt practices' bilaterally executed written sgreen:ent. (a) To any person or organisation All Procure:nents under grants are 'Where appropriate, unilateral purchase Mulch dries not meet the responsibility covered by the provisions of t 30.245 of orders, sales slips, memoranda of oral `tiuldards set forth in 3 30.346-2ia) this subchapter relating to fraud and pi-ice quotations, and the like may be th"Ough (d) and 1g) iStanda-ds) of this other unlawful or corrupt practices, utilized in the interest of minimizing "ubchapter: c, 43(,.- paperwork. Retention In the purchase (b) If any portion of the contract.work �' 1f1 lcgotiutimi of auhag,cc- files of these doctunents and of n•ritten trot exempted by _ punnet '�bc. 1 , 30.4.,0 3rb) of Uils (a) Formal ad�•ertisinr, with adequate quotations received,or references to cat- 4 will be performed at a facility purchase description, scaled bills and aloos or Printed),flee lists u.qed,w!]I auf- i:`k,d by the 1`11rrctor,EPA Office of Fed- public openings :hall be the required flee as the record supporting the price ' coal Activities, in violation of the anti- method of procurenicnt unless negotia- paid. FEDERAL REGISTER, VOL. 40, NO, 213—WEDNESDAY, DECEMBER 17, 1975 ' 5(,-GOG RULES AND REGULATIONS 9.15.930.-20 Allo%nblc eooA. • (a) Inc;n ring costs Under subma•ec- m.: a• ,s iti.-h are not nwamed or actmlu- =.:�Cd in cou:piiaixe frith this part or Part 33 of this subchapter, as uppropt•1- ^•I. shall be cause for disallowance of ;hose costs und_yr the grant. o) Approl,riate co:+t principles applf- cable to subarreements under EPA grants are ideritiied in r 30.710 (F(:deral cost p:incfpies) of thi, subchapter. Pursuant to tia:t section. the cont.ractor's actual cost;,direct and indirect,eL'gible for Fcd- eral participation in a cost refmbur:e- ment contract sl:all be those ri:lon•able the applicable provisions of 41 CFR 1-15.3 )Principles and Procedures for Use in Co:t-Reimbursement Type Supply and Resenrch Contracts With Commercial Organizations) and 1-15.4 (Construction and Architect-Engineer Contracts). (c) Reasonable costs of compliance with the prccurement requirements of these regulations are allowable costs of administration under the grant. Costs of announcement and selection of a con- sulting engineer are allowable,even when the announcement is conducted prior to award of the grant. §35.930-21 Delegation to State agen- tics; certification of procurement Systems. (a) In accordance with F 35.912 Mole- gat:on to State agencies). EPA may in- clude in a written agreement with a State agency certification of the technical and adlninistratn-a adequacy of procurement docutmentat:on required to be submitted to EPA pursuant to these sections. (b) In those cases where a State agency believes that State laws which govern municipal procurement include L*re same requirements or operate to pro- ' vide the same protections as do 11 35.936, 35.23", and 35.936,the State may request the Administrator to approve the State systern as used by municipalities in lieu of the procedures of these sections. EPA shall revie:: the State system to deter- mine Its adequacy. (c) In those cases where a State agency determines that an applicant's procurement ordinances or applicable statutes include. the same requirements or op-,rate to provide the same protec- tions as do E;35.936. 35.937 and 35.938, the State may certify (accompanied by appropriate documentation) the ade- quacy of the municipality's ordinances and statutes and request the Admin- Ltrator to approve the municipality's system in lieu of the procedures of these sections. EPA shall conduct or may re- quest the State to conduct a review of the municipality's system to determine its adequacy. t FEDERAL REGISTER, VOL. 40, NO. 243--WEDNESDAY, DECEMBER 17, 197! RULES AND REGULATIONS G8G0(J be published in trade journals of Nation- grantee in accordance with the methods aide distribution:The grantee should,in and criteria set forth in the bidding doc- addition, solicit bids directly from bid- umer)ts. ders if It maintains a bidders list. (2) The grantee may reserve the right (b) Adequate time /or preparing bids. to reject all bids. Unless all bids are re- Ali' Adequate time• generally not less than jected, award shall be made to the low, 30 days• must be allowed between the responsive, responsible bidder. date when public notice pursuant to par- (3) If award is Intended to be made to agraph (a) of this section is first pub- a firm which did riot submit the lowest lished and the date by which bids must bid, n written statement shat: be pie- be submitted. Bidding documents (in- pared prior to any award and retained chiding specifications and drawings) by the grantee explaining why each lo.^.•- shall be available to prospective bidders er bidder was deemed nonresponsible or from the date when such notice is first not responsive. published. (4) State or local lags. ordinances, (c) Adequate bidding documents. A regulations or procedures which are de- reasonable number of bidding documents signed or which operate to give local or (invitations for hid) shall be prepated by in-State bidders preference over other the grantee and sh.tll be furnished upon bidders shall not be eln;)loyed in evaluat- renttest on a first-come. first-served Ing bids. basis. A complete set of bidding docu- §35.9.",8-3 Ne_oti�:tion of contract ments shall be maintained by the gran- :tnnendntenis (change orders). tee and shall be available for inspection and copying by any party. Stich bidding (a) Grantee responsibility. Grantees documents shall include: are responsible for ne•gotintion of con- (1) A complete statement of the work struction contract chaa;,e orders. TI:Ls to be performed, Including necessary function may be performed by the drawings and specifications, and the re- grantee directly or, if authorized, by his quired completion schedule. (Drawings engineer. During negotiations with the and specifications may be made avail- contractor the grantee shall: able for inspection and purchase instead (1) Make certain that the contractor of being furnished.); has a clear understanding of the scope (2) The terms and conditions of the and extent of Rork and other essential ® contract to be awarded; requirements; ® (3) A clear explanation of the method (2) Assure that the contractor demon- of bidding and the method of evahiation strates that he will make avalable or §35.938 Cowtirtic0on contracts (mil). of bid prices, and the basis and mclhod will obtain the necessary personnel. agreements) of grantee,, for award. of the contract: equipment and materials to accomplish (4) ilesponsibility requirements or the wort, within the required time; and §35.938-1 Applicability. criteria which will be employed in evalu (3) Assure a fair and reasonable price This section, applies to construction atinz bidders: for the required work. contracts (subsgreements) in excess of (5) T?iefollowinastatetnent: (b) Changes in contract price or tirne. $10,000 awarded by grantees for any Any contract or cnntracts awarded under The contract price or tlrre n:ay be Step 3 project. this Invitation for Bids are expected to be changed only by a change order. When § 35.938•-2 Performance by contract. funded in part by a grnnt from tho United Iiegotist!ons are required. they shall be States Environmental Protection Agency. conducted !r1 accordance with paragraph The project Rork shall be performed velthFr the United State; nor any of it, de- (c) or (d) of this section.as appropriate. under one or more contracts awarded by payments, a_e.,cte., or employees is or will The value of any work covered by a the grantee to private firms, except for be a.p%-ty to this Invitati,.a for Bids or any charge order or of any claim for!.*:crease force account work authorized by g 35.- rebusct, t contract. 1Zs procurement will P. or deerea=e in the contract price shall 936--14. 35.936, to 38, and 35.pcontatned In d0 CFY be determined by the method set forth 35.93G. 31::938, and 3b..3J., in Daraor iplis (b)(1) through (b)t 3) § 35.938-3 Type of contract. and of this section which is most advanta- Each contract shall be a fixed price (6) A cop;: of ?§ 35.936, 35.938 and geous to the grantee. (lamp suin or unit price or a combina- 35,939. (1) Unit prices. (i) Original bid items. tion of the two) contract•unless tile Re- (d) Stalpd bids.The grantee shall pro- Unit prices previously.: n.-)proved are ac- gional Administrator gites advance vide`or b.'Ming Ly scaled bid slid for the ceptable for pricing c)::tnges of original written approval for the grantee to use safeguarding of bids received until pub- bid itLins. However, wi)en char-es in some other acceptable type of contract. lie opening. gttnntities exceed 15 par,:c t of tide oil=- The cost-plus-percentage-of-cost type of (e) Addenda to bidding documents. If heal bid quantity and the total do!l.r contract shall not be used in any event. a grantee cic:ires to amend any part of ?t cltan;c of that bid em is si;ni..cant. the the Llr,ding do.0:::(nts (inclLC:i:)e drat:- unit price shall be reviewed by the §35.93II-1 Formal advcrti..ina, il:^_s and specifications) during the pe- determine grantee to c ete.mire ii a net:• unit price Each contract shall be awarded after riod when bldi are being pre,Bred, the should be negotiated. formal advertising, unless negotiatioil is addenda sh::i? he coninnuticatcd in writ- III) New items. Unit p:fces of new perinitted in tccu:dance with 135.936- in, to all liras ::•hick have obtained iten.c sh(:]1 be re6otiatcc:. 18. Formal advertising :hall be in ac- bic:dlnl, docun soda:. in time to be consid- (2) A ILntp slim to be negoil;tted. cordance with the fo?lov:itt : creel prior to tide bid opening time. (3) Cost rPltt:bur entenl_t'he a^t:ml (a) Adequate public nc'ice. The gran- (f) Bid modifications. A firm which cost fo°labor.disect overhead.Lnate:i:;:. tee will cause adequate notice to be given has submitted u bid shall be allowed to sag:p?:c;, equit. :n:! o:i ,er,i.es of the solicitation by pub?iaition in ne:+:s- mcdify or withdraw i•s bid prior to the nece=?a:y to comple:c the nor` lulus an papers or journals of general circulation time of bid openin amount to bo a-treed 11;.011 to cover t;.e beyond the grantee's locality )Statewide, (i;) ri:blie open:::g o/bicfs.'I1)e grantee co,t of elteral o^erite:,d and pro::t to be generally), inviting bids on the project shall provide for a pt.Wic optimir;of bids negotiate~. Rork• and stating the method by which at t!te puce.(:.tie and time announced in , bidding d-sung,.cnt=way t•e o`)taLne,i anti' the h1:7:i :^ L:oct:•r.ntt-i. +e) For each charge c:c.er ::�t i e - or examined. Where the e,tirnafed cost tit) Awcrd to the lout, responsive, re- ce,.; of .$101,003 the co:.trac%,r Of Step 3 construction is ten million dol- sponsible bidder. (1) After bids are submit. sus ic!e:a cost and p:x:::; d_-1 lars or more,such notice nnust generally "opened, they shall be evaluated by the to the grantee to enable t:e ,rant..-o to FEDERAL REGISTER, VOL. 40, NO. 243—WEDNESDAY, DECEMBER 17, 1975 nt.:. 5$610 RULES AND REGULATIONS determine the necemity and reasonable- data shall be subject to downward re- (b) Conditions of progress paytnenis. ness of costs and amounts proposed,and negotiation or recoupment of funds For purposes of this xection, progress the allowability and eligibility of costs where subsequent audit substantiates payments are defined as follows: proposed. that such certification was not based on t I) Payments for work in place. id) For each change order in excess complete, current and accurate cost and (21 Payments for materials or equip- of $100,000, the contractor shall submit pricing data pnd on costs allowable under merit which have been delivered to the to the grantee for review sufficient cost the appropriate FPR cost principles (41 constnictlan site,or which are stockpiled and pricing data as described in para- CFR 1-15.2 and 1-15.4) at the time of In the vicinity of the construction site,in graphs (d)(1) through (d)(6) of this change order execution, accordance with the terms of the con- section to enable the grantee to ascertain (e) EPA recielr. In addition to the re- tract, when conditional or final accept- the necessity and reasonableness of costs quirements of f§35.935-10 Copies of once is made by or for the grantee, It is and amounts proposed, and the allow- contract documents) and 33.935-11 the grantee's responsibility to assure that ability and eligibility of costs proposed. (Project changes),the grantee shall sub- Items for which progress payments have (1) As a minimum, proposed change mit,prior to the execution of any change been made are adequately insured and order costs shall be presented in stun- order in excess of $100,000, to the EPA are protected through appropriate secu- mary format prescribed by the Admin- Project Officer for review: rity measures. Costs of such insurance istrator and shall be supported by a certi- (1) The cost and pricing data sub- and security are allowable costs in ac- flcation executed by the contractor milted by the contractor, cordance with S 35.940. that proposed costs reflect complete, (2) A certification of review and ac- (3) Payments, for undelivered specifi- current and accurate cost and pricing ceptance of the contractor's cost or price, cally manufactured items or equipment data applicable to the date of the change and (excluding off-the-shelf or catalog order. (3) A copy of the proposed change Items),as work thereon progresses,Such (2) In addition to the specific ele- order, payments must be :Wade it provisions ments of cost, the estimated amount of (f) Profit. The objective of negotia. therefor are included In the bid and con- profit shall be set forth separately in tions shall be the exercise of sound busi- tract documents.Such provisions may be the cost summary for fixed price change ness judgment and good administrative Included at the option of the grantee only orders and a specific total dollar amount practice including the determination of When all of the following conditions of profit will be set forth separately in a fair and reasonable profit based on the exist: the cost summary for cost reimburse- contractor's assumption of risk and in- (i) The equipment is so designated in ment change orders. put to total performance and not merely the project specifications; (3) more detailed cost data than that the application of a predetermined per- (it) The equipment to be specifically required by the summary format may centage factor. For the purpose of ne- manufactured for the project could not be required by the grantee to substanti- gotiated change orders to construction be readily utilized on nor diverted to an- ate the reasonableness of proposed contracts under EPA grants,profit is de- other job; and change order costs: Such detailed docu- fined as the net proceeds obtained by till) A fabrication period of more mentation is normally required by EPA deducting all allowable costs (direct and than six months is anticipated. only when the contractor is unable to indirect) from the price.The estimate of (c) Protection of progress payments certify that proposed change order costs profit should be reviewed by the grantee made for specifically manufactured are complete,current and accurate.EPA, as are all other elements of price. equipment. The grantee will assure pro- may, on a selected basis, perform a de- (g) Related work. Related work shall tection of the Federal interest in progress tailed cost analysis on any change order, not be split into two amendments or payments made for items or equipment Normally, a provlslonal overhead rate change orders merely to keep it under referred to in paragraph (h)(3) of this will be agreed upon. - ' $100,000 and thereby avoid the require- section. This protection must be in 8 (4) Appropriate consideration should ments of paragraph (d) of this section. manner or form acceptable to the be given to 130.710 of this subchapter For change orders which include both grantee and must take the form of (1) which contains general cost principles additive and deductive items: recordation under the Uniform Com- which must be used for the determina- (1) If any single item (additive or mercial Code adequate to protect the in- tion and allowability of costs under deductive) exceeds 8100,000, the require- terest of the grantee and the govern- - grants.The contractor's actual costs, di- ments of paragraph (d) of this section ment, or (2) securities negotiable with- rect and indirect, allowable for Federal shall be applicable. out recourse, condition or restrictions, a participation shall be determined in ac- (2) If no single additive or deductive progress payment bond or an irrevocable cordance with the terms and conditions item has a value of $100,000, but the letter of credit provided to the grantee of the contract,this subpart and the cost total price of the change order Is over through the prime contractor by the sub- principles included in 41 CFR 1-15.2 and contractor or supplier. x300,000, the requirements a paragraph (d) Limitations on progress payments 1-15.4. Examples of costs which are not ld> of this section shall be applicable. for speci/tcaily manufactured equip- , allowable under those cost principles in- (3) If. the total of additive items of elude, but are not limited to, entertainn- cork in the change order exceeds $I00,- mcut. (1) Progress payments made for ment. interest on borrowed capital and 000, or the total of deductive items of specifically manufactured equipment or bad debts. items shall be limited to the following: work In the change order exceeds $100,- (1) A first payment upon submission (5) For costs under cost reimburse- 000, and the net price of the change by the prime contractor of shop drawings ment change orders,the contractor shall order is less than $100,000, the require- for the equipment or items in an amount have an accounting system which ac- ments of paragraph (d) of this section not exceeding fifteen percent of the con- counts for such costs in accordance with shall apply, tract or item price plus appropriate and generally accepted accounting principles. 35.938-G Pn► resa payments to cost. allowable higher-tier costs: , This system shall provide for the i anion K p (it) And, - flcation, accumulation and segregation tractors. subsequent to the grantee's of allowable and unallowable change or- (a) Policy. It is EPA policy that, ex- release or approval for manufacture,ad- ders. Allowable change order costs shall cept as may be otherwise provided by ditional payments not more frequently be determined in accordance with para- State law, prompt progress payments than monthly thereafter up to seventy- ' graph (d)(4) of this section. The con- should be made by grantees to prime con- five percent of the contract or item price tractor must propose and account for tractors and by prime contractors to sub- plus appropriate and allowable higher. such costs in a manner consistent with contractors and suppliers for eligible .tier costs: Provided, That payment may his normal accounting procedures. construction, material, and equipment also be made in accordance with the con- (6) Change orders awarded on the costs, including those of undelivered Fact and grant terms and conditions for basis of review of a cost element arm- specifically manufactured equipment,in- ancillary on-site work prior to delivery mary snd a certification of complete, curred under a contract sunder an EPA of the specifically manufactured equip- current and accurate cost and pricing construction grant. mentor items. , FEDERAL REGISTER, voL: 40, NO, 243—WEDNESDAY, MEMtER 17, 1975 RULES AND REGULATIONS 68611 (2) In no case may progress payments (4) The grantee may reinstate up to (2) Section 35.936-7,Small or minority for undelivered equipment or items pur- 10 percent withholding if the grantee business; suant to paragraph (d)(1)(1) or (ii) of determines, at its discretion, that the (3) Section 35.936-15(b), (prohibition this section be made in an amount contractor is not making satisfactory against listed violating facilities), and greater than seventy-five percent of the progress of there is other specific cause (4) Section 35.936-17, Fraud and cumulative incurred costs allocable to for such withholding. other unlawful or corrupt practices. contract performance with respect to the (5) The grantee may accept securities (c) The award of subcontracts under equipment or items. Submission of a re- negotiable without recourse,condition or construction contracts not described quest for any ouch progress payments restrictions, a release of retainage bond, above In paragraph (b) of this section Must be accompanied by a certification or an irrevocable letter of credit provided and the procurement and negotiation furnished by the fabricator of the equip- by the contractor in lieu of all or part procedures of prime contractors on con- ment or Item that the amount of progress of the cash retainage. tracts not meeting that description must payment claimed constitutes not more (b) The foregoing retention policy comply with paragraphs (b)(1) through than seventy-five percent of cumulative shall be implemented with respect to (b)(4) of this section as well as the ptin- incurred costs allocable to contract per- all Step 3 projects for which plans and ciples of §35.938-5. formatnce,and in addition, in the case of specifications are approved after March § 35,939 Protests. the first progress payment request,a cer- 1, 1976. Appropriate provision to assure tification that the amount claimed does compliance with this policy must be in- (a) General. A protest based upon an not exee°d 15 percent of the contract or eluded in the bid documents for such alleged violation of the procurement re- item price quoted by the fabricator. projects initially or by addendum prior quirements of §§ 35.936 through 35.938- (3) As used in this section, the term to the bid submission date,and as a spe- 9 may be filed against a grantee's pro- "costs allocable to contract performance" cial condition in the grant agreement or curement action by a party with an ad- with respect to undelivered equipment or in a grant amendment. For all previous versely affected direct financial inter- itents includes all expenses of contract active project:;, the foregoing policy may est. Any such protest must be received performance which are reasonable, al- be implemented by the grantee through by the grantee within the time period set losable to the contract, consistent with contract amendment upon written re- forth in paragraph (b)(1) of this sec- sound and generally accepted account- quest to the grantee by the contractor tion. The grantee is responsible for res- ing principles and practices consistently upon consideration which the grantee olution of the protest prior to the taking applied, and which are not excluded by deems adequate. of the protested action, in accordance the contract. (c) Pursuant to §30.620-3 (Interest with paragraph (d) of this section, ex- (e) Enforcement. A subcontractor or earned on grant funds) of this subchap- cept as otherwise provided by Para- supplier which is detennined by the Re- ter, a grantee who delays disbursement graphs (j) and (k) of this section. The gional Administrator to have frustrated of grant funds will be required to credit Regional Administrator will review the intent of the provisions regarding to the United States all interest earned grantee protest determinations in ac- progress payments for major equipment on those funds. cordance with paragraph (e) of this sec- or specifically manufactured equipment §3;.9313-g Re q uired construction con- tion, if a timely request for such review through intentional forfeiture of its bond is filed pursuant to paragraph (b)(2) of tract prop i�ions. this section.In the case of protests which be failure to deliver the equipment may (a) Each construction contract must he determines are frivolous or without be determined nonresponsible and in- include the "General Conditions" of the nnerit, the Regional Administrator may eligible for further work under EPA ..Contract Documents for Construction take such actions as arc described in grants. of Federally Assisted Water and Sewer (f) Contract provisions. Where alnpli_ paragraphs (i)(2) and (k) of this sec- cable, appropriate 'provisions regarding Projects,"as revised. tion. progress payments must be included in (b) 7n addition,each construction con- (b) Time limitations. (1) A protest each contract and subcontract. Grantees tract must include the "Supplemental pursuant to paragraph (d) of this sec- must use clauses acceptable to the EPA General Conditions" set forth in Appen- tion should be made as early as possible Regional Administrator. dix C-2 to this subpart. ' during the procurement process (for ex- (9) Implementation. The foregoing §35.9.38-9 Subcontracts under construe- ample, immediately after issuance of a progress payments policy should be inn- tion contracts. solicitation for bids) to avoid disruption plemented in invitations for bids under (a) The award or execution of subcon- of or unnecessary delay to the procure- _ payments is made subsequent nt to progress onttract tracts by a prime contractor under a prat taph td) ofpthisssectionomut be construction contract awarded to the award,it must be for consideration which received by the grantee within one week the grantee deems adequate. Prime conttactar by the grantee,and the after the basis for the protest Is known procurement and negotiation procedures or should have been known, whichever §35.938--7 Retention from pro.ess pay- used by prime contractors in awarding is earlier (generally, in the case of for= farms. or executing subcontracts are not re- mally advertised procurement, within (a) The grantee may retain a portion quired to comply with any of the Provi- one week after bid opening, if the basis of the amount otherwise due the contrac- sions, selection procedures, policies or for the protest is, or should have been, tor.Except as provided in paragraph (a) principles set forth in § 35.936 or §35.938 then known). (4) of this section, the amount retained except those specif,.cally stated in this (2) A protest appeal authorized by by the grantee shall be limited to the section. In addition, the bid protest pro-' receiv cedures of §35.939 are not available to receiv (e) of this section must be following: received by the Regional Administrator (1) Withholding of not more than 10 parties executing subcontracts with within one week after the complainant percent of the payment claimed until prince contractors except as specifically has received the grantee's determitna- work is 50 percent,complete, provided in that section. tion. (2) When work is 50 perrent complete, (b) The award or execution of sub- (3) If a protest is mailed, the com- reduction of the withholding to 5 percent contracts by a prime contractor under pl:+fining party bears the risk of non- of the dollar value of all work satisfac- a formally advertised, competitively bid, delivery within the required time period. torily completed to date: Prot•ided.That fixed price construction contract awarded It is su;gested that all documents trans- the contractor is making satisfactory to the prune contractor by the grantee, mitted pursuant to this section be ' progress and there is no specific cause for and the procurement and negotiation mailed by certified mail (return receipt greater withholding: procedures used by such.prime contrac- requested) or otherwise delivered in a (3) When the work is subs tantlally tars in awarding or executing such sub- manner which will objectively establish complete (operational or beneficial oc- contracts must comply with the follow- the date of receipt. Initiation of protest cupancy), the withheld amount shall be ins, actions pursuant to paragraphs (d) or further reduced below 5 percent to only (e) of this section may be made by brief that amount necessary to assure com.. (1) Section 35.936-2(b), (State and telegraphic notice accompanied by pletion, local law); simultaneous mailing or other delivery ' FEDERAL REGISTER, VOL. 40, NO. 243—WEDNESDAY, DECEMBER 17, 1975 581512 RULES AND REGULATIONS of a more detailed statement of the basis Administrator for his review of such de- ail) Published decisions of the Comp- for the protest. Telephonic protests will termination. Any such rrquest must be troller General of the United States or not be considered. In writing. must adequately state the of the Federal courts addressing Federal 1r) Other initial requirements. (1) bw0s for the protest Orchuiing refer- requirements comparable to procure- ,Me initial protest document must briefly ence to the ;pertile sections) of this ment requirements of this subpart. Aek elate the basis for the protest,and should subpart alleged to prohibit the procure- (3) The Regional Counsel may estab (1) refer to the specific sections) of this nrent actiop), and mmst be received by lish additional procedural requirements ,subpart which allegedly prohibit the pro- the Reiional Administrator within one or deadlines for the submission of ma- curement action, (ii) specifically request week after the complaining party has terinls by parties or for the accomplish- a determination pursuant to this sec- received the grantee's determination of ment of other procedures. Where time tion, (iii) identify the specific procure- the protest. A copy of the grantee's de- limitations are established by this section meat documentis) or portion(s) thereof termination and other documentation in or by the Regional Counsel, participants In issue,and (iv) include the name,tele- support of the request for review shall must seek W accomplish the required phone number, and address of the per- be transmitted with the request. action as promptly as possible in the J11- son representing the protesting party. (2) The Regional Counsel or his dele- terest of expediting the procurement (2) The party filing the protest must gee will afford both the Grantee and the action. concurrently transmit a copy of the ant- complaining party, as well as any other (4) A party who submits a document tial protest document and any attached party with a financial Intere-t which subsequent to initiation of a protest pro- documentation to all other parties pith may be ad%ers-Ay affected by eleterminn- ceeding pursuant to paragraph (d) or a direct financial interest which may be Lion of the protest, an opportunity to (e) of this section must simultaneously adversely affected by the determination present ar6n ments in support of their furnish each other party with a copy of the protest (generally, all bidders or vien•s In writing or at a conference at a of such document. proposers who appear to have a substan- time and place convenient to the parties (5) The procedures established by this tial and reasonable prospect of reccivin,; as dcterminc�d by the Regional Counsel section are not Mlended to preclude in- an award if the protest is denied or or his delegee, and he shall thereafter formal resolution or voluntary with- sustained) and to the appropriate EPA promptly submit in writing Iris report drawal of protests. A complainant may Regional Administrator. and recommendations concerning the withdraw its appeal at any time,and the (d) Grantee determination. (1) The protest to the Regional Administrator. protest proceeding shall thereupon be grantee is responsible for the initial reso- (3) Any such conference should be terminated; lution of protests based upon alleged held within not more than ten days after (g) The Regional Administrator may violations of the procurement require- receipt of the request for review and the utilize appropriate provisions of this sec- ments of this subpart. report should be transmitted to the Re- tion in the d1scharge of his responsibility (2) Upon receipt of a timely written gional Administrator within ten days _to review grantee procurement methods protest the grantee must: after the date set for receipt of the par- under§35.935-2(a). (1) Afford the complaining party and ticipants' written materials or for the (g) Burden of Proof. (1) In proceed Interested parties an opportunity to pre- conference. The Regional Administrator Ings pursuant to paragraphs (d) and(e) sent arguments in support of their views should transmit his determination of the of this section,if the grantee proposes to ih tinting or at a conference or other protest with an adequate explanation award a formally advertised, competi- suitable meeting (such as a city council thereof to the grantee and simultane•r tively bid,fixed price contract to a patty meeting): ously to each participating party within who has submitted the apparent lowest (11) Inform the complainant and one week after receipt of the report and price, the party initiating the protest other interested parties of the procedures reconLnrendstions. His determination will bear the burden of proof in the which the grantee will observe for reso. shall constitute final tigency action,from protest proceedings. which there shs.il be no further adman- p lution of the protest; (2) In the proceedings pursuant t0 (iii) Obtain an appropriate extension istrative appeal. The Regional Counsel paragraph (e) of this section, of the period for acceptance.of the bid may extend these time limitations,where ti) If the grantee proposes to award a and bond(s) of each interested party, appropriate. formally advertised, competitively bid, where applicable; failure to al;ree to a (f) Procedures. (1) SVhere resolution suitable extension of such bid and bid of an issue properly raised with respect fixed-price contract,to a bidder other bond(s) by -the party which initiated to a procurement requirement of this Ulan the bidder which submitted the the protest shall be cause for summary subpart requires prior or collateral reso- apparent lowest price, the grantee will dismissal of the protest by the grantee lution of a legal Issue arising under State bens the burden of proving that its deter- or the Regional Administrator; and or local law, and such law is not clearly mination concerning responsiveness Is in accordance with this s bclrapter:and (iv) Promptly deliver (preferably by established in published legal decisions of P _ the State or other relevant j(u•:sdiction, rfi) If the basis for the grantee's-de- certified :mail, return receipt requested, the grantee or Regional Administrator termination is a lindinq.of-nonresponst- or by personal delivery), its written de- may rely upon: bility, the grantee must establish and termination of the protest to the com- (1) An opinion of the grantee's legal substantiate the basis for its deterznina- plaining party and to each other par- counsel adequately addressing the Issue, tion and must adequately establish that ticipating party. (it) The established or consistent such determination has been made In (3) The grantee's determination must practice of the grantee, to the extent good falth. be accompanied by a legal opinion ad- appropriate,or (h) Deferral of procurement action. dressing Issues arising under state, ter- (fit) The law of other States or local Up,>n receipt of a protest pursuant to ritorial,or local law (if any),and where jurisdictions as established in published paragraph (d) of this section. the Step 3 construction is involved, by an legal decisions,or grantee must defer the protested pro- engineering report, if appropriate. (iv) If none of the foregoing ade- curement action (for example, defer the (4) The grantee should seek to resolve quately resolve the issue, published deci- contract award or issuance of .notice _ any such protest as promptly as possi- sions of the Comptroller General of the to proceed under a contract) until ble--generally within three weeks after United States (U.S. General Accounting ten days after delivery of its deter- ' receipt of a protest, unless extenuating Office) or of the Federal courts address- mination to the participating partie& circumstances require a longer period of ipg Federal requirements comparable to Where the Regional Adrnialstmtur has tL-ne for proper resolution of the protest. procurement requirements of this sub- received a written protest pUravant (e) Regional Administrator review.(1) part. to paragraph (e) of this eoction, he .A party with a direct financial Interest (2) For the determination of Federal must notify the grantee promptly to. adversely affected by a grantee determi- issues presented by the protest, the Re- defer its protested procurement action nation made pursuant to paragraph (d) gional Administrator may rely upon: until notified of the formal or informal of this section with respect to a procure- (1) Determinations of other protests resolution of the protest.If-adeterminw- ment requirement of this subpart may decided under this section, unless such Lion Is made by either the grantee or the submit a written request to the Regional protests have been reversed,and Regional Administrator which Is favor- . � rEDERAI REGISTER, VOL 40, WO. 243—WEDNESDAY, DECEM5Xfi 17, 1975 - RULES AND REGULATIONS 68G13 able to the complainant, the Crantee's' procurement actioti (for example, con-1 gM&ract award) must be taken in accord- rice with such determination. (i) Enforcement. (1) Noncompliance with the procurement provisions of this subchapter by the grantee shall be cause 7 for enforcement action In accordance with one or more of the provisions of 135.965. (2) If the Regional Administrator de-, termines that a protest prosecuted pur- suant to this section Is frivolous, he may determine the party v:hick pro;c ruted such protest to be nonresponsible and Ineligible for future contract award tsee also paragraph (k) of this section). (j) Lintitrlion. A protest may not be filed pursuant to this sectloa vrith res;)ect to the following: (1) Issues not arLsing under the pro- curement provisions of this subchapter; (2) Issues relating to the selection of A consulting engineer: Provided, That a protest may be filed only Frith respect to the mandatory procedural require- ' merits of $135,111 through 35,071-9: (3) Issues primarily determined by State or local law or ordinances; (4) Provisions of Federal regulations applicable to direct Federal contracts, unless such provisions o*e a,:plicitly re- ferred to or incorporated in this subpart: (5) Basic protect design determina- tions (for example, the selection of in- cineration versos other.methods of dis- posal of sludge);or (6) Award of subcontract;or issuance of purchase orders under a formally ad- vertised, competitively bid, lump-stem construction contract: Provided, That protest may be made with respect to alleged violation of the following, (i) Nonrestrictive specifications (see 135.93 6-13 W);or (ii) Provisions of this subpart applica- ble to the procurement procedures, ne- gotiation or award of subcontracts or Issuance of purchase orders pursuant to 135.937-12 (Subcontracts tinder sub- , agreements for architectual Qr engineer- ing services) or 1 35.938-9 (Subcontracts under construction contracts). (k) Summary disposition. The Re- gional Administrator may summarily dismiss a protest, without proceedings under paragraphs (t ) or (e) of this sec- tion, if he determines that the protest is frivolous or without merit—for example, that the protested action of the grantee ' primarily involves Issues of state or local law, Any such determination shall refer briefly to the facts substantiating the basis for the determination. 1 FEDERAL REGISTER, VOL. 40, NO, 247—WEDNESDAY, DECEMBER 17, 1975 SPECIAL CONDITIONS 1. SCHEDULE OF DRAWINGS: The drawings applicable to the work to be performed under this Con- tract and which are referred to in these documents as "Plans," consist of eleven (11) sheets entitled "City of Jefferson, Missouri, Sanitary Sewer Project," and are numbered and described as follows: Sheet No. Title 1 of 11 Main Branch Wears Creek Interceptors, Key Map 2 of 11 Main Branch Wears Creek Interceptor, Plan and Profile 3 of 11 Main Branch Wears Creek Interceptor, Plan and Profile 4 of 11 Main Branch Wears Creek Interceptor, Plan and Profile 5 of 11 Main Branch wears Creek Interceptor, Plan and Profile 6 of 11 Main Branch Wears Creek Interceptor, Plan and Profile 7 of 11 Main Branch Wears Creek Interceptor, Plan and Profile 8 of 11 Main Branch Wears Creek Interceptor A, Plan and Profile 9 of 11 Main Branch Wears Creek Interceptor A, Plan and Profile 10 of 11 Main Branch Wears Creek Interceptor B, Plan and Profile 11 of 11 Miscellaneous Details 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 County roads. 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 familiarize 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 e SC-1 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 ease- ments shall be restored to its original condition or to the elevations as shown on the Plans or as indicated by the Engineer. 3. BORINGS: Borings were taken along the alignment of the sewers. The elevation at which refusal was encountered is shown on the Plans for information only. Any interpretation of this data drawn by the Contractor shall be the Contractor'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 completion 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. 6. APPROVAL OF SHOP DRAWINGS: The Contractor shall submit to the Engineer, shop or setting drawings and schedules for every item of equipment or material to be incorporated in the work which is fabricated or manufactured off the site, including but not limited to, those pertaining to structural and reinforcing steel. Within sixty (60) days after the date of notice to proceed, the Con- tractor shall submit six (6) copies of all shop drawings to the Engineer for approval. The Contractor shall make any corrections in the drawings ' required by the City or the Engineer and resubmit same without delay, to= • gether with drawings first submitted within thirty (30) days after they are returned for correction by the Engineer. Six (6) final copies of all ' SC-2 corrected and approved shop or setting drawings shall be submitted to the Engineer, who after checking, will retain three (3) copies and return three (3) copies to the Contractor. The Engineer's approval of shop drawings of equipment and materials shall extend only to determining the conformity of such equipment and materials with the general features of the Plans and Specifications. It shall be the responsibility of the Contractor to determine the cor- rectness of all dimensions and minor details of such equipment and materials so that they will fit into the completed work, and so that when incorporated in the work correct operation will result. None of the equipment requiring approval shall be purchased, de- livered to the site or installed until such approval has been granted and work shall not commence on any phase requiring shop drawings until said shop drawings have been approved. 7. WAGE DETERMINATIONS: This Contract 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 be not less than the higher of the prevailing wage determinations. The determinations by the Department of Labor are incorporated in these Contract Documents. During the life of this Contract, the 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. Any such change shall not be the basis of any claim by the Contractor against the Owner nor will deductions be made by the Owner against sums due the Contractor by reason of any such change. 8. PREVAILING HOURLY WAGE RATE - 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 work- man 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 Inddstria? Relations of Missouri for this Contract, SC-3 1 P ursuant to said statutory P rovisions, 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 showing the names and occupations of all workmen employed by him, together with the actual wages paid to each workman, which shall be open to inspection at all reasonable hours by the representatives of the Depart- ment 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 by the Contractor against the City nor will deduction of claim be made by the City against sums due the Contractor by reason of any such damage. 9. NONDISCRIMINATION IN EMPLOYMENT: In connection with the performance of work under this Contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, national origin, or sex. The aforesaid provisions shall include, but not be limited to, the follow- ing: Employment, upgrading, demotion, or transfer; recruitment or re- cruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, avail- able for employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Contractor further agrees to insert the .foregoing provision in all subcontracts for standard commercial supplies or raw materials. 10. ACCIDENT PREVENTION: a. The Contractor shall exercise proper precaution at all times ' for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which ' occur as a result of his prosecution of the work. The safety provisions of the Federal Occupational Safety and Health Act, May 29, 1971, and of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety ' and health measures as the City of Jefferson, Missouri, may determine to be reasonably necessary. Machinery, equipment and all hazards shall be SC-4 ' guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction," published by the Associated General Contractors of America, Inc. , to the extent that such provisions are not in conflict with applicable local laws. 1 b. The Contractor 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 1 employment on work under the Contract. The Contractor shall promptly furnish the City of Jefferson, Missouri, with reports concerning these matters. 11. CONSTRUCTION SAFETY AND HEALTH STANDARDS:. The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surround- ings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards promulgated by the United States Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act. (83 Stat. 96) 12. ACCESS TO WORK: Representatives of the Environmental Protection Agency and the Missouri Clean Water Commission shall have access to the work wherever it is in preparation or progress and the Contractor shall provide the proper facilities for such access and inspection. 13. SIGNS: The Contractor shall construct on the Project Area at a location to be designated by the City of Jefferson, Missouri, a 4-foot by 8-foot sign as shown on page SC-8. The second line shall read "Environmental Protection for Jefferson City, Missouri." The location of the sign should not be in conflict with billboard ' control legislation requirements. The sign should not be placed on highway right-of-way. 14. CERTIFICATE OF NONSEGREGATED FACILITIES: - The prime Contractor is required to sign a "Certificate of Nonseg- regated Facilities" prior to the award of the construction contract if it exceeds $10,000.00. If any subcontracts exceed $10,000.00, the prime contractor shall obtain a signed certificate from each subcontractor prior to the award of the subcontract. The certificate signed by the prime contractor is to be maintained on file with the City of Jefferson and certificates signed by the subcontractors are to be maintained on file with the prime contractor. SC-5 IS. EQUAL OPPORTUNITY CLAUSE FOR SUBCONTRACTORS: The Contractor is required to include paragraphs (1) through (7) of the Equal Opportunity Clause, Executive Order 11246, in all subcontracts exceeding $10,000.00. 16. DEPOSITS OF HISTORICAL AND ARCHEOLOGICAL. INTEREST: If during the course of construction, evidence of deposits of his- torical or archeological interest is found, the Contractor shall cease operations affecting the find and shall notify the owner who shall notify the Regional Office of EPA, and the Director, Missouri Department of Natural Resources, Post Office box 1368, Jefferson City, Missouri, 65101. No further disturbance of the deposits shall ensue until the Contractor has been notified by the Owner that he may proceed. The Owner will issue a notice to proceed only after the State official has surveyed the find and made a determination to EPA and the Owner. Compensation to the Contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the specifications. 17. FLOODING AND WEATHER: The Contractor is presumed to have taken all difficulties due to weather conditions and seasonal flooding into consideration in preparing his bid. He must be prepared and must take all precautions to protect all work from flooding, unfavorable weather, ,and extremes of temperature either hot or freezing. He shall provide approved facilities for pro- tecting the work finished or in process of construction or installation at all times, to the satisfaction of the Engineer. 18. AUDIT: The Regional Administrator, the Comptroller General of the United States, or any authorized representative shall have access to any books, documents, papers and records of the Contractor which are pertinent to the project for the purpose of making audit, examination, excerpts and transcriptions thereof. 19. INDEMNIFICATION AND INSURANCE: The Contractor egress 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 de- fending 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, servants and employees, and not caused by the sole fault or negligence of the Owner and/or Engineer, or their respective agents, servants or employees. ' SC-6 Without limiting its liability under this Contract, the Contractor shall procure and maintain at his expense during the life of this Con- tract, insurance of the types and in the minimum amounts stated as follows: a. Workmen's Compensation Insurance in full compliance with the Workmen's Compensation Act of the State of Missouri and Employer's Lia- bility 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. ' SC-7 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 mainte- nance 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. Any subcontractor of the Contractor shall be required to procure and maintain during the life of the subcontract the insurance required of Con- tractor hereunder and comply with the provisions of this Article. SC-8 EPA Order No. 1015.1B July 23, 1915 W_ U V J z m J V Z 'a" O 0 �g 0 Z 4 0 0. S Y o t.7 �� h cc I 3 e o i o cc °a O w I X �o 1°� w a a u i Cf. I G �N >zm i m z° I w z " _ _ ¢ > O I 3 3 Z p I M H _ s ar 0 o z �7 I V, L, 00 a U o u am rem' _ J I p P p O•p A af1J M I Z lY > cf I ¢ I V v ° �. •par I t7 W U V U Jul�+ mm' CL S W I `^ N �2 � 2� pi ? 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Y.n.w 0 JL,1 l:Yq q'f N 61--# IO 11 JNNU O VO 4 W <f.1 O UN O V 7 VrI ON' f O NU N>+t C • N 11 N O b•w •r< 4 1,'t q 4 N 1 N Y r u V N✓U fL U IL O I •1 u ,O, ✓r.N•1-1 C q U a A A O p (`1 •1N •1 .f yp Q ', p (y1 q Q rtl t)�� Vesc so ✓U0.gGgllYq wrl A`niV q,v]UL7U V•C•GA WK-0 US' OU W•J W C0.V�In 7:H`i71 C 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. Whenever in these Specifications reference is made to the require- ments 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 necessary 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 ap- proved 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 r Aggregates shall be stored and handled so as to ensure the preserva- tion 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 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. Aggregates 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. Coarse Aggregate. The material to be used as coarse aggregate in the concrete shall be gravel or crushed limestone. Gravel aggregates Amft 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 limestone aggregate shall consist of un- coated 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 aggregates shall conform to the require- ments of Specifications for Concrete Aggregates, ASTM Designation C33. The gravel or crushed limestone shall be graded to meet the follow- ing requirements using the U.S. Standard Sieve Series: Sieve Sizes Percentage Passing 1-1/2-Inch 100% by Weight 1-Inch 95-100% 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 Speci- fications, such variation will be sufficient grounds for rejection. I-2 z 3 To ensure the production of suitable aggregates, complying in all ® 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. The use of frozen aggregates will not be permitted. When the temperature of the air permits concreting to be carried on, the aggre- gates must be thawed out, thoroughly removing all frost before incorporating 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 follow- ing requirements: Sieve Sizes Percentage Passing 3/8-Inch 100% by Weight No. 4 95-100% by Weight No. 8 80-100% 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 controlled 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 other- wise 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. 1-3 3. GRANULAR MATERIAL FOR BACKFILL: Granular material utilized to replace unstable material or material otherwise unsuitable for supporting the pipe in the bottom of trenches, 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 3/4-inch minus crushed limestone and screenings. The material shall conform to the following: Sieve Sizes Percentage Passing 3/4-Inch 100% by Weight 1/2-Inch 35- 45% by Weight No. 100 5- 10% by Weight Granular material for street backfill shall be crushed limestone of the same gradation as prescribed for granular bedding. 4. PORTLAND CEMENT: The portland cement to be used in the concrete shall meet the re- quirements of Specifications for Portland Cement, ASTM Designation C150, 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 reporting thereof by the cement manufacturer in accordance with the re- quirements of Specifications for Portland Cement, ASTM Designation C150. The Contractor shall obtain from the manufacturer, a certificate of specification conformance 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 conform with the requirements of the Specifi- cations. 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 Con- tractor. 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, mill, or intermediate storage, to the hatching plant shall I-4 t be accomplished in weatherti 8 ht 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, weather- tight 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 inspection 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 ob- tained 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 ap- proved 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 through- out the concrete during the specified mixing period. The air-entraining admixture shall conform 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 speci- fication 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 con- form with the requirements of the Specification. No air-entraining admixture shall be used until a certificate of specification conformance 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-teat I-5 i by the Engineer at the expense of the Contractor proves the admixture to be satisfactory. 6. WATER: 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 rails. Bars rolled from billet steel shall conform to Specifica- tions 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 deforma- tion to comply wit?i Specifications for Minimum Requirements for the Defor- mations 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. PLASTIC MORTAR PIPE: The 18-inch and 21-inch sewer may be of reinforced plastic mortar pipe similar or equal to Flextran pipe, as manufactured by Johns-Manville, or Techtite, United Technology Center. It shall consist of a resin ' binder, an aggregate filler, and glass fiber reinforcement. The resin shall be a catalyzed isophalic polyester; the aggregate shall be a siliceous sand conforming to the requirements of ASTM C33, except that the requirements for gradation shall not apply; the glass fibers shall be borosilicate type continuous roving with a polyester compatible finish. All pipe shall meet the requirements of the Johns-Manville Material Speci- fication DS-935-68. The pipe shall have sufficient strength to exhibit a minimum stiff- ness factor of 1,950 in2-lb/in without structural damage or cracking of I-6 e i I the inner surface, and shall be capable of being further loaded to a de- flection of 15 per cent without evidence of structural damage. Structural damage is defined as any visible distress of the structural wall evi- denced by interlaminar separation, tensile failure of the glass fiber reinforcement or buckling. The Contractor will be' required to furnish the City with certificates from a reputable testing laboratory showing the results of tests made on the pipe delivered to the project in accordance with the specifications for the pipe to be furnished. Pipe and fittings shall be furnished with bell and spigot ends for joining with a solid uniform cross section gasket as the sealing element. The rubber gasket shall meet the requirements of ASTM D1869 entitled "Rubber Rings for Asbestos Cement Pipe." The gasket shall be contained within a groove in the spigot end of the pipe and the gasket shall not support the weight of the pipe when two sections are jointed. The standard laying length shall be 20 feet + 2 inches. At least 90 per cent of the total footage of pipe furnished shall be the standard length. 9. CONCRETE SEWER PIPE: The 18-inch and 21-inch sewer may be reinforced concrete pipe con- forming to and tested and inspected in accordance with ASTM Specification Designation C76, "Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe," Class III. ® All pipe shall be manufactured with ends which comply with the re- quirements of ASTM Specification Designation C443. The pipe shall be suitable for making a joint conforming to ASTM Specification Designation C443, utilizing the rubber gasket supplied under the following specification. The Contractor will be required to furnish the City with certifi-- cates from a reputable testing laboratory showing the results of tests made on concrete pipe delivered to the project in accordance with the ASTM Specifications for the pipe to be furnished. Rubber gaskets for use with concrete sewer pipe shall comply with all requirements of ASTM Specification Designation C443 and shall be similar or equal to "Tylox" Type CP, as manufactured by Hamilton Kent Company or the gasket manufactured by Pressed Seal Gasket Company. 10. VITRIFIED CLAY PIPE: Vitrified clay sewer pipe and fittings, for sewer sizes 8-inch through 15-inch, shall be new pipe of the best quality of hard-burned, I-7 1 vitrified clay or shale pipe, conforming in every respect to the require- ments 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. Vitrified clay pipe may 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, or plain end pipe meeting the same requirements, as manufactured by the Dickey Company. All vitrified clay pipe shall have preformed plastic joints conform- ing to the latest revision of ASTM Specification C425, Type I or Type III, with the specific limitation that Type I joints shall be made only of polyurethane plastic, or shall have joints consisting of a PVC coupling meeting requirements of ASTM Specification C594, Type B, latest revision. 11. TRUSS PIPE: As an alternate to vitrified clay pipe, 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 temper- ature (ASTM D648) 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/p Y - -lb/in 8 2,400 200 10 4,600 200 12 8,100 200 15 15,900 200 F/Q 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. I-8 r 12. 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 shall have bells for clay spigots (Type III). 13. MANHOLE BRICK: Common brick for construction of manholes shall be Grade SA conform- ing to ASTM STandard Specification Designation C32, size No. 1 (2-1/2- 1 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 requirements on samples of brick representative i of the shipments made to the project. Tests will conform to ASTM C32. .i 14. MATERIALS FOR MASONRY MORTAR: 1 Portland cement to be used in mortar for sewer and manhole construc- tion 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. 15. PRECAST CONCRETE MANHOLES: Precast concrete manholes shall be composed of sections manufactured in accordance with the latest revision of ASTM C478. The minimum com- pressive 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. 16. MANHOLE FRAMES AND COVERS: Manhole frames and covers shall be first quality gray iron castings. They shall be similar or equal to the frame and cover R-1415, type "C" cover, with Type F pickhole, Neenah Foundry Company or VM-9, Vulcan Foundry, with watertight pickhole. Covers shall be solid, with no open pickholes. Covers shall be a minimum of 23-5/8 inches in diameter. The clear opening in the frame shall be no less than 21-3/4 inches. Manhole frames shall be provided with anchor lugs or a mud ring. 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 I-9 l t shall be planed where necessary to secure perfectly flat and true surfaces. All castings shall be thoroughly cleaned and covered with two coatings of asphaltum paint before being used in the work. It shall be the Contractor's responsibility to furnish a frame which will fit the manhole opening, if precast manholes are used. 17. MANHOLE STEPS: Manhole steps shall be not less than 10 inches wide, and manufactured for use as manhole steps in accordance with OSHA Standards. 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-weigh no less than 12 pounds. The steel reinforcing rod in the plastic step shall be 3/8 i inch in diameter, encased with polypropylene plastic. ® TECHNICAL SPECIFICATIONS SECTION I1 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 j planned and executed that the various portions of the work will be carried on concurrently 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. 1 2. SHOP DRAWINGS: In accordance with paragrpah 6 of the Special Conditions, shop draw- ings 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 or material. 4. CONCRETE: The Contractor's attention is called to the fact that the Specifi- cations 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 for encasement of pipe. All other concrete used on this project shall be Class A concrete, unless otherwise specifically noted on the Plans. b. Class A Concrete. Class A concrete shall have a minimum com- pressive 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 limitations 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 com- pressive 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 mix- ture 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 rela- tive weights of fine and coarse aggregates as determined by the original ' mix design 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. , 1I-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 re- quired 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 con- crete 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 improve the workability of the concrete. No additional payment will be made for the use of an admixture approved by the Engineer at the Con- tractor'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 container 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 C173, or by the pressure method, Test for Air Content of Freshly Mixed Concrete by the Pressure Method, ASTM Designation 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 or 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 ewer ency. Such additional water shall be added only in small increments and hen only in the smallest amount necessary within the re- quired limits of consistency 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 portion 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 calibrated so 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 (C44). 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 segregation 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 of 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 II-4 give the finished work a satisfactory surface. They must be sufficiently tight so that mortar cannot escape from the concrete in appreciable quantity. Forms 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 Aaft 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 con- taminated by foreign material or that has been retempered. Placing of concrete shall be performed only in the presence of a duly authorized rep- resentative 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 surface, after which the new concrete shall be placed immediately. When concreting has once started, it shall be carried on as a con- tinuous 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 con- crete 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 honeycombing, segregation and other imperfections. II-5 Concrete shall be placed in horizontal layers of no greater depth than ld 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 Plane 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 in- tended 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 tempera- ture 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 not 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 excessive heat shall be per- mitted 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 artificial 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 supervision 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, ' 11-6 or 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 cover- ' ing 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 imme- diately 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 re- paired 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 patch- ing 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 imme- diately 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 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 �ihich 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. II-7 S. INTERFERENCE WITH TRAFFIC: It must be recognized that in some instances the work of this project involves the construction of severs along the public streets of the de- veloped municipality. Access to abutting property should be provided wherever it is possible without interference with the construction opera- tion. 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 back£ill made over the completed sewer, a temporary pavement is to be laid down and the street open to traffic in order to provide access to abutting property as soon as pos- sible. 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 sur- face 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 nec- essary, boxing shall be provided around trees, plants or shrubs. Upon completion of the work, such boxing shall be removed and the original condition restored. Payment for carrying out the necessary protection e 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 Con- tractor will replace the surface rock with Class C concrete at the direction of the Engineer. Such concrete will be measured and paid for II�8 at the price bid per cubic yard for "Class C Concrete," the volume to be calculated on the basis of the payline width of trench, as noted in Sec- tion II, paragraph 11, the length backfilled, and the depth of concrete fill required. 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 Contractor's operation shall be repaired to the satisfaction of the owner of said private property by the Contractor and the cost con- sidered 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 pro- posed 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 construction of the sewers and other im- provements 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 ex- pense. Any expense or inconvenience caused by their existence, and the necessary protection 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 a minimum thickness of 8 inches. The road surface shall be maintained for a period of 60 days after initial replacement to allow for settle- ment and consolidation of the backfill, after which it shall be bladed to a smooth and uniform surface. II-9 No a separate payment for the removal and restoration of secondary P PY n Y pavements shall be made Payment for such removal and replacement shall be considered as included in the price bid for "Class B Trench Excavation." 10. REMOVAL AND RESTORATION OF ASPHALTIC PAVEMENT: The asphaltic pavemecit 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 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, multi- plied 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 the subgrade, furnishing of plant, labor, mate- rials, 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 nec- essary 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 equip- ment which may be necessary to keep the trenches free from water so that the sewers and concrete may be 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 excavated material. A series of borings was taken along the entire length of the con- ' struction. The results of these borings are shown on the Plans for II-10 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. The bottom of the trench shall be over-excavated a minimum of 4 inches below the bottom of the pipe, or to a sufficient depth to pro- vide 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 in- clude ashes, cinders, refuse, vegetable or other organic materials considered unsuitable by the Engineer, the Contractor shall excavate and remove such unsuitable material to the depth required and backfill to the original subgrade 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 backf illed as described above but no payment shall be made for such over-excavation and back- filling. All excavation shall be dewatered before any construction is undertaken therein. Concrete shall be placed only upon dry firm founda- tion material and pipe shall be laid only in dry trenches. The responsibility of the Contractor with respect to the use of explosives in blasting includes compliance with all laws, rules and regulations of the State, the City and the insuror, govering the keep- ' ing, storage, use, manufacture, sale, handling, transportation or other distribution of explosives. 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 ZI-11 limits shall not relieve the Contractor from the necessity 8 for making such removal, and the Contractor shall not be entitled to compensation therefor. 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 direc- tion of the Engineer, the trench excavation shall be carried to a depth below the 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 compacted. 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 install.aLion and bedding of pipe, the trench widths for the sewer pipe sizes used shall be kept within the limits specified as follows: Size of Pipe Minimum Width Maximum Width 8" - 1.2" 21- 4" 2'-10" 1511 2r- 81' 31- 211 18" 2'-11" 31- 6" 21" 31- 3" 3'-10" 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 in- stallations 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 II-12 r be carried out with vertical sides for widths not exceeding the maximum widths 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 maximum width, addi- tional strengthening 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 of the intrados of the pipe from the outside of the pipe to the undisturbed sides of the trench. No payment shall be made for such 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 1 one foot of trench after the lower portion of the backfill has been completed. ® Where necessary to protect the labor, the work, or adjacent property 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 MFBM for "Lumber Ordered Left in Trench," which payment shall cover the whole cost of furnishing all material, labor, equipment, tools and all other incidentals 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 back- fill. 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 granular bedding, 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, labor, tools, materials and all other incidentals which may be necessary for compl.ating 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. II-13 Payment for Class A trench excavation shall be for the volume cal- culated on the basis of the payline width of the trench, as herein y� specified for the various sizes of pipe sewers, the actual depth of rock removed or the depth from the upper rock surface to an elevation 6 inches below the required bottom of the pipe, whichever is the lesser, and the actual length of rock removed, up to the distance between centers of manholes. Payment for Class A trench excavation shall be for the volume cal- culated on the basis of the payline width of the trench, as herein specified for the various sizes of pipe sewers, the actual depth of rock removed or the depth from the upper rock surface to an elevation 6 inches below the required bottom of the pipe, whichever is the lesser, 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 cut the necessary excavation, 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 topsoil where required, maintaining temporary macadam or gravel sur- face in satisfactory safe condition for use by traffic until the permanent pavement restoration is carried out, disposing of the surplus excavated materials, removing any existing sewers, and cleaning up of the site, in- cluding 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. Payment for Class B trench excavation shall be for the volume cal- culated on the basis 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. Payline widths for trench excavation for pipe which are to be used in calculating the volume of excavation performed under this Contract are ' as follows: Size of Sewer in Inches Payline Width.of Trench. . 8 - 12 2 feet - 4 inches 15 2 feet - 8 inches 18 2 feet - 11 inches 21 3 feet - 3 inches 11-14 ' 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 nearly as practicable to the bottom of the pipe with provision for pipe bells. 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 screenings shall be solidly packed around the pipe to the level of the top of the pipe. The remaining space above the top of the pipe shall be packed solidly with tamped earth free from debris, rocks, lumps or organic matter or, at the election of the Contractor, with tamped limestone screenings or compacted sand-cement mix. 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." 13. INSTALLATION OF SEWER PIPE: Each pipe shall be examined before laying and any pipe found to be 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 laying shall follow requirements of ASTM Designation C12. Pipe shall be laid with the bell or socket uphill to the required line and grade on a prepared subgrade excavated and shaped as herein- before described. The prepared subgrade shall be kept free from water during the 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. Except 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 preparation of the subgrade. II-15 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 atmos- pheric conditions in the pipe that could affect the acceptable standard of construction. The laser aligning method selected must be shown to have worked satisfactorily on at least three contracts, and must be operated by competent, trained men. The equipment used must be as manufactured by Laser Alignment, Inc., or approved equal. The Contractor shall set offset stakes at each manhole, plus one other center line and offset stake as a check point, Pipe shall be laid on granular bedding material (as specified in Section I, paragraph 3). 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 mate- rial. No walking over the completed pipe shall be allowed until the backfill has been completed to at least one foot above the top of the pipe. Backfilling of the completed pipe shall commence immediately upon t completion of pipe placement. In laying the pipe, the spigot end shall be centered on grade into the bell. end of the downstream pipe and shoved "home" by stabbing, bar and block, or, suitable puller. As the work progresses, the interior of the sewer shall be cleaned of all. dirt or debris of any description. Pipe shall be laid through line manholes, and the upper half re- moved after the invert is completed, unless half-pipe is used. This is not applicable for manholes at angle points. For reinforced concrete pipe and plastic mortar pipe, the gasket shall be a continuous rubber ring and shall be the sole element depended on to make the joint watertight. Gaskets shall be properly placed on the clean spigot end of the pipe with the proper adhesive. Before assembly or sending "home" the pipe in the trench, the exposed gasket surfaces shall be coated with lubricant. No petroleum product shall be used as a lubricant. Vitrified clay pipe shall be so handled and stored that the joint- ing material will not be deformed or damaged. The joints shall be II-16 connected by first brushing the proper lubricant sealer on the clean mating surfaces as recommended by the pipe manufacturer. The spigot and shall be centered on grade into the bell end of the downstream pipe and shoved "home." The pipes shall be jointed not later than five minutes after the application of the lubricant sealer. 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. 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. All sewer pipe shall be laid and handled so that the allowable leak- age 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. 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 sewer pipe of the various sizes shall include all material, labor and equipment necessary to install and test the pipe, complete in place, in accordance with the Plans and Specifications, in- cluding connections to existing pipe stubs. 14. 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 the cap is sealed but can be readily removed. The approximate locations of wye junctions are shown along the sewer alignment. The Engineer may change the locations of wyes or may order additional wyes installed if improvements along the line of work make such changes or additions necessary. 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 payment shall include all material, labor, and equipment necessary to install the wye including the stopper or cap. IT-17 r 15. 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 10. The concrete may be placed against the undisturbed earth sides and bottom of the trench. Side forms may be used if necessary and if approved by the Engineer. Horizontal joints will not be permitted in unreinforced encasement, Pipe shall be supported and held in place be- fore 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 which may be necessary for furnishing and placing the Class B concrete. The volume to be paid for encasement under this item shall be as follows: Nominal Size Cubic Yards of Class B Concrete of Sewer in Encasement per- Lineal Foot- of Sewer (inches) 8 0.10 10 0.11 12 0.12 15 0.14 18 0.16 21 0,17 16. MANHOLE CONSTRUCTION: Manholes shall be built of brick to the dimensions and at the loca- tions 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 adjoining 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 11-18 ' aggregate s P ecifications hereinbefore described. The sand and cement shall be .thoroughly mixed dry, and the necessary quantity of clean wafer shall be added so as to produce a stiff mortar of the proper consistency, which mix shall be thoroughly worked with proper tools. 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 man- hole, 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 manhole will be watertight so that no groundwater infiltra- tion through the 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 1 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 manholes, manholes built of cast-in-place Class A concrete, or a combination of precast shaft and cast-in-place Class A concrete base and invert, may be used. Joints of precast man- hole 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 concrete manholes must be approved by the Engineer. Forms may be of steel or clean lumber, assuring a smooth finished surface. The joint between precast shaft and cast-in-place base must be watertight. During the construction of each manhole, steps conforming to the ' specifications for 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 built 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 and closed with covers. IT-19 All manholes will be measured and paid for at the contract price for manholes of the appropriate depth. The depth of manholes shall be measured from the invert of the sewer at the center of manhole to the top of the cast-iron frame. Payment for all work included in this paragraph shall be included in the unit price for the various depth manholes and shall include all nec- essary 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, backfilling, diversion of sewage, if required, and all other work necessary to construct the manhole in place. 17. STUBS IN MANHOLES: There are shown on the Plans approximate locations of stubs at man- holes 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 14, "Installa- tion of Wye Junctions," so as to prevent ground-water 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, com- plete in place, the pipe stub and stopper where ordered. 18. TRENCH BACKFILL: The backfilling of the completed pipe sewers shall commence imme- diately upon the completion of the sewer, with care being taken that the operation of backfilling does not disturb the pipe joints. The initial backfill over and around pipe sewers to the undisturbed sides of the trench shall be placed in 6-inch layers which shall be thoroughly hand-tamped to an elevation not less than one foot above the extrados of the pipe. For truss pipe, the one foot of backfill above the pipe should not be compacted. The material used for this initial backfilling shall be the excavated natural soil free from all .other foreign sub- stances such as debris, rocks, cinders, ashes, lumps or organic matter. No walking over the completed pipe sewer will be allowed until the backfill has been carried to at least one foot above the top of the sewer. In lieu of tamping the backfill, the Contractor may, at his own option and at his expense, complete the backfill to one foot above the top of the sewer with crushed rock. When the Contractor excavates below the planned subgrade for pipe lines, the over-excavation shall be backfilled with granular material II-20 ' well compacted in 6-inch layers. Only g ranular 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." 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 backf ill shall be made through tillable areas with stockpiled topsoil, 1 as required in Section 11, "Trench Excavation." Backfill of the trenches crossing beneath concrete, asphaltic con- crete or bituminous 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 re- placed 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. 19. LEAKAGE TESTS FOR GRAVITY SEWERS: 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 200 gallons per inch- e . diameter per mile of sewer per 24 hours. The Contractor shall be respon- sible for the satisfactory watertightness of the entire section of sewer and shall satisfactorily repair all joints or other locations that are not sufficiently watertight. As required, suitable bulkheads shall be installed to permit the test of the sewer. II-21 Where the ground-water level is less than one foot above the top of A 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 pipe- lines 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. Leakage from the sewers under test shall not exceed the require- ments for leakage into sewers as hereinbefore specified. The Contractor shall construct such weirs or other means of measure- ments 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 Contractor shall do all work u£ 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. II-22 PROPOSAL Date The Honorable Mayor and City Council City of Jefferson City Hall Jefferson City, Missouri 65101 Gentlemen: In accordance with the advertisement inviting proposals for the construction of a Sanitary Trunk Sewer Project (Main Branch Wears Creek Interceptors) for the City of Jefferson, Missouri, subject to the con- ditions and requirements of the General Conditions of the Contract, the Special Conditions of the Contract, the Specifications, including Addenda Nos. , , , , and , hereto attached, and the Plans, which so far as they relate to the Proposal, are made a part of it, the undersigned herewith proposes to construct the specified work within two hundred seventy (270) calendar days after receipt of notice to proceed for the following unit; prices: Main Interceptor and Interceptors A and B (Funded in Part by Grant Funds) Item Estimated Unit Extended No. Pay Item Quantity Unit Price Bid Price 1. Trench Excavation, Class A 19425 cu.yd. $ $ 2. Trench Excavation, Class B 15,900 cu.yd. $ $ 3. In Place, 8-Inch Pipe 39335 lin.ft. $ $ 4. In Place, 10-Inch Pipe 2,910 lin.ft. $ $ 5. In Place, 12-Inch Pipe 1,895 lin.ft. $ $ 6. In Place, 15-Inch Pipe 6,010 lin.ft. $ $ 7. In Place, 18-Inch Pipe 3,190 lin.ft. $ $ 8. In Place, 21-Inch Pipe 2,590 lin.ft. $ $ 9. 6-Inch on 8-Inch Wye Junction 10 each $ $ �i4 P-1 Item Estimated Unit Extended ® No. Pay Item Quantity Unit Price Bid Price 10. 6-Inch on 10-Inch Wye Junction 7 each $ $ 11. 6-Inch on 12-Inch Wye Junction 4 each $ $ 12. 6-Inch on 15 Inch Wye Junction 15 each $ $ 13. 6-Inch on 18-Inch Wye Junction 8 each $ $ 14. 6-Inch on 21-Inch Wye Junction 6 each $ $ Manholes, Complete in Place, 15. Depth Less than 6 Feet 10 each $ $ 16. Depth Over 6 Feet to 8 Feet 18 each $ $ 17. Depth Over 8 Feet to 10 Feet 21 each $ $ 18. Depth Over 10 Feet to 12 Feet 13 each $ $ 19. Depth Over 12 Feet to 14 Feet 2 each $ $ 20. 6-Inch Pipe Stub in Manhole 1 each 21. 8-Inch Pipe Stub in Manhole 30 each $ $ 22. 10-Inch Pipe Stub in Manhole 2 each $ $ 23. 12-Inch Pipe Stub in Manhole 1 each $ $ 24. Crushed Rock for Subgrade Replacement 50 cu.yd. j $ 25. Granular Backfill 110 cu.yd. $ $ 26. Lumber Ordered Left in Trench 3 MFBM $ $ 27. Class "B" Concrete 85 cu.yd. $ $ 28. Class "C" Concrete 10 cu.yd. $ $ 29. Replacement of Asphaltic Concrete Pavement 50 sq.yd. $ $ eSubtotal $ (For Main Interceptor and Interceptors A and B) P-2 Interceptors C and D (Funded by City Only) Item Estimated Unit Extended No. Pay Item Quantity Unit Price Bid Price lc. Trench Excavation, Class A 10 cu.yd. $ $ 2c. Trench Excavation, Class B 520 cu.yd. $ $! 3c. In Place, 8-Inch Pipe 650 lin,ft. $ $ Manholes, Complete in Place 4c. Depth Over 6 Feet to 8 Feet 1 each $ $ 5c. Depth Over 10 Feet to 12 Feet 1 each $ $ 6c. Granular Backfill 35 cu.yd. $ $ 7c. Replacement of Asphaltic Concrete Pavement 20 sq.yd. $ $ (For Interceptors C and D) Subtotal Bid $ Total Bid $ SPECIAL PROPOSAL REQUIREMENTS Suitable bid security in the amount of Dollars ($ ) as called for in the Advertisement for Bids accompanies this Proposal. This sum is to be forfeited to the City of Jefferson if the party, or parties, making this Proposal fail to enter into contract with approved securities within ten (10) days after the award of the Contract has been made. The undersigned has examined the Plans and Specifications for, and the location of the project, and has satisfied himself as to the work to be done and the conditions under which it must be carried out. This Proposal shall be equally binding on heirs, adminis- trators, executors, successors, and assigns. Firm Name ' Address By (Signature) Telephone No. _ Title P-3 PROPOSAL Date The Honorable Mayor and City Council City of Jefferson City Hall Jefferson City, Missouri 65101 Gentlemen: In accordance with the advertisement inviting proposals for the construction of a Sanitary Trunk Sever Project (Main Branch Wears Creek Interceptors) for the City of Jefferson, Missouri, subject to the con- ' ditions and requirements of the General Conditions of the Contract, the Special Conditions of the Contract, the Specifications, including Addenda Nos. , , 31 , and , hereto attached, and the Plans, which so far as they relate to the Proposal, are made a part of it, the undersigned herewith proposes to construct the specified work within two hundred seventy (270) calendar days after receipt of notice to proceed for the following unit prices: Main Interceptor and Interceptors A and B (Funded in Part by Grant Funds) Item Estimated Unit Extended No. Pay Item Quantity Unit Price Bid Price 1. Trench Excavation, Class A 1,425 cu.yd. $ $ 2. Trench Excavation, Class B 15,900 cu.yd. $ $ 3. In Place, 8-Inch Pipe 3,335 lin.ft. $ $ 4. In Place, 10-Inch Pipe 2,910 lin.ft. $ $ 5. In Place, 12-Inch Pipe 1,895 lin.ft. $ $ 6. In Place, 15-Inch Pipe 6,010 lin.ft. $ $ 7. In Place, I8-Inch Pipe 3,190 lin.ft. $ $ 8. In Place, 21-Inch Pipe 2,590 lin.ft. $ $ 9. 6-Inch on 8-Inch Wye Junction 10 each $ $ P-1 Item Estimated Unit Extended No. Pay Item Quantity Unit Price Bid Price 10. 6-Inch on 10-Inch Wye Junction 7 each $ $ 11. 6-Inch on 12-Inch Wye Junction 4 each $ $ 12. 6-Inch on 15-Inch Wye Junction 15 each $ $ 13. 6-Inch on 18-Inch Wye Junction 8 each 14. 6-Inch on 21-Inch Wye Junction 6 each $ $ Manholes, Complete in Place, 15. Depth Less than 6 Feet 10 each $ $ 16. Depth Over 6 Feet to 8 Feet 18 each $ $ 17. Depth Over 8 Feet to 10 Feet 21 each $ $ 18. Depth Over 10 Feet to 12 Feet 13 each $ $ 19. Depth Over 12 Feet to 14 Feet 2 each $ $ 20. 6-Inch Pipe Stub in Manhole 1 each $ $ 21. 8-Inch Pipe Stub in Manhole 30 each $ $ 22. 10-Inch Pipe Stub in Manhole 2 each 23. 12-Inch Pipe Stub in Manhole 1 each $ $ 24. Crushed Rock for Subgrade Replacement 50 cu.yd. $ $ 25. Granular Backfill 110 cu.yd. $ $ 26. Lumber Ordered Left in Trench 3 MFBM $ $ • 27. Class "B" Concrete 85 cu.yd. $ $ 28. Class "C" Concrete 10 cu.yd. $ $ 29. Replacement of Asphaltic Concrete Pavement 50 sq.yd. $ $ n Subtotal $ (For Main Interceptor and Interceptors A and B) P-2 Interceptors C and D (Funded by City Only) Item Estimated Unit Extended No. Pay Item Quantity Unit Price Bid Price lc. Trench Excavation, Class A 10 cu.yd. $ $ 2c. Trench Excavation, Class B 520 cu.yd. $� $______�-, 3c. In Place, 8-Inch Pipe 650 lin.ft. $ $ Manholes, Complete in Place 4c. Depth Over 6 Feet to 8 Feet 1 each $ $ 5c. Depth Over 10 Feet to 12 Feet 1 each $ $ 6c. Granular Backfill 35 cu.yd. $ $ 7c. Replacement of Asphaltic Concrete Pavement 20 sq.yd. $ $ (For Interceptors C and D) Subtotal Bid $ Total Bid $ SPECIAL PROPOSAL REQUIREMENTS Suitable bid security in the amount of Dollars ($ �) as called for in the Advertisement for Bids accompanies this Proposal. This sum is to be forfeited to the City of Jefferson if the party, or parties, making this Proposal fail to enter into contract with approved securities within ten (10) days after the award of the Contract has been made. The undersigned has examined the Plans and Specifications for, and the location of the project, and has satisfied himself as to the work to be done and the conditions under which it must be carried out. This Proposal shall be equally binding on heirs, adminis- trators, executors, successors, and assigns. Firm Name Address By (Signature) Telephone No. Title P-3