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SPECIFICATIONS FOR '-'01-1' IODORE BARRY BRIDGE RECREATION APFA PHASES I & 11 GV 182.3 .S64 ~0 SPECIFICATIONS for COMMODORE BAR~4qkY BRIDGE RECREATION AREA PHASES I and for I/ DEPARTMENT OF PARKS, PUBLIC PROPERTY AND RECREATION in THE CITY OF CHESTER Delaware County, Pennsylvania JOSEPH F. BATTLE Mayor, City of Chester MICHAEL D. MAC N~qEILLY Director, Department of Parks and Public Property LEEDOM B. ~0qxo~0qnis6N Director of City Planning 0 ~qr~q4~00qw~4qe~qr PENNSYLVANIA FISH COMKISSION Division of Engineering CARL H. N~44qORD~6qS~0qL~40qO~40qM ENGINEER ~qm~qa~q.~6q"9~q0~0q4 ~q-~2q7 TABLE OF CONTENTS PART A - INSTRUCTIONS AND FORMS PAGE NUMBER Invitation for Bids IV-1 - IV-2* Instructions to Bidders IB-1 - IB-6* Form of Bid - General Construction FBGC-l - FBGC-3* Form of Noncollusion Affidavit of Prime Bidder NC-l* Form of Bid Bond BB-1 - BB-3* Form of Statement of Bidder's Qualifications BQ-1 - BQ-2* Form of Agreement A-1 - A-4* Form of Performance and Payment Bonds PB-l - PB-4* Contractor's and Subcontractor's Public Liability and Property Damage Insurance INS-l* Certificate of Owner's Attorney CA-l* Bidder's E.E.O. Certification CD-l* Subcontractor's E.E.O. Certification CDS-l* PART B - GENERAL SPECIFICATIONS General Conditions - Part I GCI-1 GCI-22* General Conditions - Part II GCII-l GCII-9* General Conditions - Part II Attachment GCIIA-l - GCIIA-5* Non-Discrimination and Equal Opportunity Requirements ND-1 - ND-3* Federal Contract Compliance Regulations FR-1 Special Conditions SC-1 - SC-10* Schedule of Drawings SD-l* PART C - TECHNICAL SPECIFICATIONS PARAGRAPH NO. PAGE NUMBER DIVISION 1 - GENERAL Section 1A - Erosion and Sedimentation Control Plan IA-1 - 1A-3 1A-1 - 1A-2* DIVISION 2 - SITE WORK Section 2A - Site Preparation and Demolition 2A-1 - 2A-4 2A-1 - 2A-2* Section 2B - Earthwork, Crushed Aggregate and Stone 2B-1 - 2B-22 2B-1 - 2B-9* Section 2C - Finish Grading and Landscaping 2C-l - 2C-6 2C-l - 2C-2* Section 2D - Bituminous Paving 2D-1 - 2D-4 2D-1 - 2D-4* Section 2E - Floating Docks and Ramps 2E-1 - 2E-3 2E-1 - 2E-2* Section 2F - Wooden Guard Posts 2F-1 - 2F-2 2F-l* Section 2G - Chain Link Fence 2G-1 - 2G-2 2G-1 - 2G-3* DIVISION 3 - CONCRETE Section 3A - Cast in Place Concrete 3A-1 - 3A-3 3A-l* Section 3B - Concrete Reinforcement 3B-1 3B-l* Section 3C - Prec ast Concrete Plank 3C-1 3C-l* 16 TABLE OF CONTENTS (Continued) PARAGRAPH NO. PAGE NUMBER DIVISION 4 - MISCELLANEOUS ITEMS Section 4A - Painting and Welding 4A-1 4A-1* Section 4B - Dock Stiff Arms 411-1 4B-1* Section 4C - Chain 4C-1 4C-1* DIVISION 5 - MOISTURE PROOFING Section SA - Joints and Sealant SA-1 - SA-3 SA-r DIVISION 6 - MECHANICAL Section 6A - Storm Water Drains 6A-1 - 6A-9 6A-1 - 6A-3@ Section 6B - Inlet Grates and Frames 6B-1 6B-r DIVISION 7 - METAL WORK Section 7A - Steel Sheet Piling 7A-1 - 7A-3 7A-1 - 7A-2* DIVISION 8 - ELECTRICAL SERVICE Section 8A - Site Lighting 8A-1 - 8A-12 8A-1 - 8A-3* WAGE RATES *Denotes last page of Section INVITATION FOR BIDS City of Chester, Pennsylvania The undersigned Council of the City of Chester, Delaware County, will receive sealed Bids at the Office of the City Clerk, Municipal Buildin5 Annex, Fifth and Welsh Streets, Chester, Pennsylvania 19013, until 9:30 A.M. Local Time on for furnishing all labor, materials, tools, and equipment required for the construction of Commodore Barry Bridge Recrea- tion Area, Phase I - General Construction. Bids will be publicly opened in the presence of City Council at 10:00 A.M. in the Municipal Building, Fifth and Welsh Streets, Chester, Pennsylvania 19013, on the above date, and read aloud. Contract Documents, including Drawings, Specifications and Bid Documents, may be obtained at the Department of Accounts and Finance Purchasing, Muni- cipal Building Annex, Fifth and Welsh Streets, Chester, Pennsylvania 19013, between the hours of 9:00 A.M. and 4:30 P.M. by depositing Twenty-Five Dollars ($25.00) with above Department for each set of documents so obtained. Each such deposit will be refunded if the Contract Documents, including Drawings and Specifications, are returned in good condition within ten (10) days after bid opening. Each Bid must be accompanied by a certified check or bank draft payable to the City of Chester, negotiable U.S. Government Bonds (at par value), or a satisfactory Bid Bond executed by the Bidder and an acceptable Surety, in an amount of not less than ten percent (10%) of the total Bid, and be enclosed in a sealed envelope plainly endorsed on the outside, "BID FOR CONSTRUCTION OF COMMODORE BARRY BRIDGE RECREATION AREA, PHASE I - GENERAL CONSTRUCTION", addressed to the Office of the City Clerk, Municipal Building Annex, Fifth and Welsh Streets, Chester, Pennsylvania 19013. The successful Bidder will be required to furnish and pay for satisfac- tory performance and payment bonds. Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project and that the Contractor must ensure that employees and applicants for employ- ment are not discriminated against because of their race, color, religion, sex, or national origin. IV-1 I The Bidder's attention is called to the following provisions which are set forth in detail in the Contract Documents and which are required for this project: 1. Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). 2. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246). Council reserves the right to accept or reject any or all bids or parts thereof and to waive any informalities in the Bidding and to consider the competency, qualifications and responsibility of the Bidder to base the award of the Contract as it deems to the best interest of the City of Chester, Pennsylvania. Bids may be held by the City of Chester for a period not to exceed thirty (30) days from the date of the opening of the Bids for the purpose of reviewing the Bids and investigating the qualifications of the Bidders, prior to awarding the Contract. No Bidder may withdraw his Bid within this time period. JOSEPH F. BATTLE to MICHAEL D. MACNEILLY JAMES L. SHARP MICHAEL J. KOTERBA CLINTON L. JOHNSON COUNCIL OF THE CITY OF CHESTER IV-2* INSTRUCTIONS TO BIDDERS 1. USE OF SEPARATE BID FORMS These Contract Documents include a complete set of bidding and Contract forms which are for the convenience of bidders and are not to be detached from the Contract Document, filled out, or executed. Separate'CopieS of*Bid Forms are furnished for that purpose. 2. INTERPRETATIONS OR ADDENDA No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Every request for such an interpre- tation shall be made in writing to the Department of Parks and Public Property. Any inquiry received seven or more days prior to the date fixed for opening of Bids will be given consideration. Every interpretation made to a Bidder will be on file in the office of the Department of Parks and Public Property at least five days before Bids are opened. In addition, all Addenda will be mailed to each person holding Contract Documents, but it shall be the Bidder's responsi- bility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract and all Bidders shall be bound by such Addenda, whether or not received by the Bidders. 3. INSPECTION OF SITE Each Bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor, and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Speci- fications, and all other Contract Documents. The Contractor by the execution of the Contract shall in no ways be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument or to visit.the site and acquaint himself with the conditions there existing and the Department of Parks and Public Property will be justified in rejecting any claim based on facts regarding which he should have been on notice as a result thereof. 4. ALTERNATIVE BIDS No alternative bids will be considered unless alternative bids are specifi- cally requested by the technical specifications. IB-1 5. BIDS a. All Bids must be submitted on forms supplied by the Dept. of Parks and Public Property and shall be subject to all requirements of the Contract Documents, including the Drawings, and these INSTRUCTIONS TO BIDDERS. All Bids must be regular in every respect and no interlineations, excisions or special conditions shall be made or included in the Bid Form by the Bidder. b. Bid documents including the Bid, the Bid Guaranty, the Non-Collusion Affidavit, the Certification of Bidder Regarding Equal Employment Opportunity and the Statement of Bidder's Qualifications (if requested) shall be enclosed in envelopes (outer and inner), both of.which shall be sealed and clearly labeled as indicated in the INVITATION FOR BIDS. c. The Dept. of Parks and Public Property may consider as irregular any Bid on which there is an alteration of or departure from the Bid Form hereto attached and at its option may reject the same. d. If the Contract is awarded, it will be awarded by the Dept. of Parks and Public Property to a responsible Bidder on the basis of the lowest Bid most favorable to the Dept. of Parks and Public Property. The Contract will require the completion of the work according to the Contract Documents. e. Each Bidder shall include in his Bid the following information: Principals Names Social Security Numbers Home addresses, including City, State an d Zip Code Firm Name Treasury Number Address City, State, and Zip Code 6. BID GUARANTY a. The Bid must be accompanied by a Bid guaranty which shall not be less than ten (10%) percent of the amount of the Bid. At the option of the Bidder, the guaranty may be a certified check, bank draft, negotiable U.S. Govt. Bonds (at par value) or a IB-2 bid bond in the form attached. The Bid bond shall be secured by a guaranty or a surety company listed in the latest issue of U. S. Treasury Circular 570. The amount of such Bid bond shall be within the maximum amount specified for such Company in said Circular 570. No Bid will be considered unless it is accompanied by the required guaranty. Certified check or bank draft must be made payable to the order of the City of Chester. Cash deposits will not be accepted. The Bid guaranty shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents. b. Revised Bids submitted before the opening of Bids, whether forwarded by mail or telegram, if representing an increase in excess of two percent (2%) of the original Bid, must have the Bid guaranty adjusted accordingly; otherwise the Bid will not be considered. C. Certified checks or bank drafts, or the amount thereof, Bid bonds, and negotiable U. S. Government bonds of unsuccessful Bidders will be returned as soon as practical after the opening of the Bids. 7. COLLUSIVE AGREEMENTS a. Each Bidder submitting a Bid to the Dept. of Parks and Public Property for any portion of the work contemplated by the documents on which bidding is based shall execute and attach thereto, an affidavit substantially in the form herein provided, to the effect that he has not entered into a collusive agreement with any other person, fim, or corporation in regard to any Bid submitted. b. Before executing any subcontract the successful Bidder shall submit the name of any proposed subcontractor for prior approval and an affidavit sub- stantially in the form provided in Section 103 hereof. 8. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall upon the request of the Dept. of Parks and Public Property submit on the form furnished for that purpose (a copy of which is included in the Contract Documents), a statement of the Bidder's qualifications, his exper- ience record in constructing the type of improvements embraced in the Contract Documents, his organization and equipment available for the work contemplated, and when specifically requested by the Dept. of Parks and Public Property, a detailed financial statement. The Dept. of Parks and Public Property shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the Contract and the Bidder shall furnish the Dept..of Parks and Public Property all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence*or information does not satisfy the Dept. of Parks and Public Property that the Bidder is qualified to carry out properly the terms of the Contract. 1B-3 9. SUBCONTRACTORS a. Each bidder shall upon the reques 't of the Department of Parks and Public Property submit the name of his proposed subcontractors and a statement of the proposed subcontractor's qualifications. This statement shall be in substantially the same form as the "Statement of Bidder's Qualifications" included in these Contract Documents and shall include the proposed subcontractor's experience record in constructing similar work, his organization and equipment available for the work contemplated and, if requested, a detailed financial statement. 10. CORRECTIONS Erasures or other changes in the Bids must be explained or noted over the signature of the Bidder. 11. TIME FOR RECEIVING BIDS a. Bids receivedpriorto the advertisdd hour of opening will be securely kept sealed. The officer whose duty it is to receive them will decide when the stipulated time has arrived, and no Bid received thereafter will be considered; except that. when a Bid arrives by mail after the time fixed for receipt, but before the reading of all other Bids is completed, and it is shown to the satis- faction of the Council of the City of Chester that the nonarrival on time was due solely to delay in the mails for which the Bidder was not responsible, such Bid will be received and considered. b. Bidders are cautioned that, while telegraphic modifications of Bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the Bidsomodified or amended, subject to rejection. 12. OPENING OF BIDS At the time and place fixed for the opening of Bids, the Council of the City of Chester will cause to be opened and publicly read aloud every Bid received within the time set for receiving Bids, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person or by representative. IB.-4 I,* 1111111AWAI 11 BIDS Bids may be withdrawn on written or telegraphic request dispatched by the Bidder in time for delivery in the normal course of business to the time fixed for opening; provided that written confirmation of any telegraphic withdrawal over the signature of the Bidder is placed in the mail and postmarked prior to the time set for Bid opening. The Bid guaranty of any Bidder withdrawing his Bid in accordance with the foregoing conditions will be returned promptly. 14. AWARD OF CONTRACT: REJECTION OF BIDS a. The Contract will be awarded to the responsible Bidder submitting the lowest bid complying with the conditions of the Invitation for Bids, provided such Bid is reasonable and it is to the interest of the Department of Parks and Public Property to accept it. The Bidder to whom the award is made will be notified at the earliest possible date. The Department of Parks and Public.Property, however, reserves the right to reject any and all Bids and to waive any informality in Bids received whenever such rejection or waiver is in its interest. b. The Department of Parks and Public Property reserves the right to consider as unqualified to do work of general construction any Bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this Contract. 15. EXECUTION OF AGREEMENT: PERFORMANCE AND PAYMENT BOND a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the Department of Parks and Public Property an Agreement in the form included in the Contract Documents in such number of copies as the Department of Parks and Public Property requires. b. Having satisfied all conditions of award as set forth elsewhere in those documents, the successful Bidder shall, within the period specified in paragraph "a" above, furnish surety bonds, each1n a penal sum not less than 100% of the amount of the Contract as awarded, as security for the faithful performance of the Contract, and for the payment of all persons, firms, or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work. Such bonds shall be in the same form as those included in the Contract Documents and shall bear the same date as, or a date subsequent to, that of the Agreement. The current power of attorney for the person who signs for any surety company shall be attached to such bonds. These bonds shall be signed by a guaranty or surety company listed in the latest issue of the U.S. Treasury Circular 570 and the penal sum shall be within the maximum specified for such company in said Circular 570. IB-5 c. The failure of the successful Bidder to execute such Agreement and to supply the required bonds within ten (10) days after the-prescribed forms are presented for stgnature, or within such extended period as the Dept. of Parks and Public Property may grant, based upon reasons determined suffi- cient by the Dept. of Parks and Public Property shall constitute a default, and the Dept. of Parks and Public Property may either award the Contract to the next lowest responsible Bidder or readvertise for Bids, and may charge against the Bidder the difference between the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the Bid bond. If a more favorable Bid is received by readvertising the defaulting Bidder shall have no claim against the Dept. of Parks and Public Property for a refund. 16. WAGES AND SALARIES a. Attention of Bidders is particularly called to the requirements con- cerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certa-in categories and classifications of employees. See GENERAL CONDITIONS, PART II. b. The rates of pay set forth under GENERAL CONDITIONS, PART II, are the minimums to be paid during the life of the Contract. It is therefore the re- sponsibility of Bidders to inform themselves as to local labor conditions, such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates. 17. EQUAL EMPLOYMENT OPPORTUNITY Attention of Bidders is particularly called to the requirement for ensur- ing that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin. 1B-6 FORM OF BID FOR COMMODORE BARRY BRIDGE RECREATION AREA, PHASE I - GENERAL CONSTRUCTION To the Department of Parks and Public Property, Municipal BuildinT, Fifth and Welsh Streets, Chester, Pennsylvania 19013 Gentlemen: -1.. The undersigned, having familiarized (himself)(themselves)(itself) with the existing conditions on the Project Area affecting the cost of the work, and with the Contract Documents (which includes Invitation for Bids, Instructions to Bidders, the Form of Bid, the Form of Bid Bond, Form of Contract (or Agreement), Form of Noncollusion Affidavit, Addenda (if any), General Conditions, Parts I, II and IIA, Special Conditions, Technical Speci- fications, Drawings (as listed in the Schedule of Drawings), and Form of Surety or Bonds; as prepared by and on file in the office of the Department of Parks and Public Property, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services, required to construct and complete Commodore Barry Bridge Recreation Area, Phase I - General Construction, all in accordance with above listed documents for work in place for the following Bid Amount (IN WORDS AND FIGURES): TOTAL BID AMOUNT $ 2. In submitting this bid, the Bidder understands that the right is reserved by the Department of Parks and Public Property to reject any and all Bids. If written notice of the acceptance of this Bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this Bid is withdrawn, the under- signed agrees to execute and deliver an agreement in the prescribed form and furnish the required bond within ten (10) days after Agreement is presented to him for signature. 3. Security in the sum of DOLLARS ($ ) in the f rm of is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. FBGC-l 4. Attached hereto is an affidavit in proof that the undersigned has not entered into a collusive agreement with any person in respect to this Bid or any other Bid or the submitting of Bids for the Contract for which this Bid is submitted. 5. The Bidder further proposes that the work required under this Contract shall be commenced at the time stipulated by the Local Public Agency in the Notice to Proceed to the Contractor and shall be fully completed on or before , or to pay the Department of Parks and Public Property liquidated damages of Fifty Dollars ($50.00) per day for each calendar day of delay as fixed by paragraph 402, Special Conditions of these Contract Documents. 6. The Bidder is prepared to submit a financial and experience state- ment upon request. FBGC-2 CERTIFICATION OF NONSEGREGATED FACILITIES The Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or.national origin, because of habit, local custom, or otherwise. The bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed sub-contractors prior to the award of subcontracts exceeding $10,000.00 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. Note: The penalty for making.false statements in offers is prescribed in 18 U.S.C. - 1001. DATE 19 (Name of Bidder) Official Address (including ZIP code): By (Title) FBGC-3* NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of County of ss. being first duly sworn, deposes and says that (1) He is of (owner, partner, officer, representative, or agent) I the Bidder that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, repre- sentatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Department of Parks and Public Pr opeirty-'of :the '*City, of:Ch-ester or any peTson interested in' the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) T i -tI e Subscribed and sworn to before me this. day of 19 Title NC - I My commission expires BID BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, (Na;e of Principal) as PRI NCI PAL, and (Name of Surety) as SURETY are held and firmly bound unto The Department of Parks and Public Property of The City of Chester, hereinafter called the "Local Public Agency", in the penal sum of Dollars, ($ ) lawful money of the United St;-tesfor the payment-of which sum well and trufy to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that Whereas the Principal has submitted theAccompanying Bid, dated 19 for NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the some, or, if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten ( 10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Local Public Agency in accordance With the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be.required, for the faithful performance and proper fulfillment of such Contract; or in the event of the with- drawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Local Public Agency the d'ifference between the amount specified in said Bid and the amount for which the Local Public Agency may procure the required work or supplies or both'. if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this day of 19 the name and corporate seal of each corporate party being hereto affiTe_dr_a_n_J these presents signed by its undersigned representative, pursuant to authority of its governing body. BB - I IN PRESENCE OF: (SEAL) (GividuaT PrincipaIT- (Business address including ZIP code) -(SEAL) Partnership) (Business address including ZIP code) Attest By: (Corporate Principal (Business address including ZIP code) Affix By: Corporate Seal Attest: (Corporate Surety) Affix BY: Corporate Seal Countersigned by: *Attorney- in- Fact, State of Power-W--ottorney for person signing for surety company must be attached to bond. BB - 2 CERTIFICATE AS TO CORPORATE PRINCIPAL I certify that I am the Secretary of the Corporation named as Principal in the within bond; that who signed the said bond on behalf of the Principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, scaled, and attested to for and in behalf of said corporation by authority of this governing body. (Corporate) (Seal Title BB - 3* STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon the specific request of the Department of Parks and Public Property. All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name ? 6. Contracts on hand : (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you ? If so, where and why ? 9. Have you ever defaulted on a contract ? If so, where and why ? 10. List the more; important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. I'l. List your major equipment available for this contract. 12. Experience in construction work similar in importance to this project. 13. Background and experience of the principal members of your organization, in- cluding the officers. 14. Credit available $ BO - I 15. Give Bank reference 16. Will you, upon request, fill out a detail ed financial statement and furnish any other information that may be required by the Department of Parks and Public Property? 17. The undersigned hereby authorizes and requests any person, firm 'or corporation to furnish any information requested by the Department of Parks and Public'Property in verification of the recitals comprising this Statement of Bidder's Qualifications. (Name R Mder) By Title State of ss. 061'Inty of being duly sworn deposes and -says that he is of ___7Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of 19- (Notary Public) My commission expires 19 BQ - 2 AGREEMENT FOR COMMODORE BARRY BRIDGE RECREATION AREA THIS AGREEMENT made this day of 19- by and between (a corporation organized and existing under-the laws of the state of) (a partnership consisting of (an individual trading as )*l hereinafter called the "Contractor", and the Department of Parks and Public Property of the City of Chester hereinafter called the "Local Public Agency", WITNESSETH, that the Contractor and the Local Public Agency for the considerations stated herein mutually agree as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all super- vision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services, and perform and complete all work required for the construction of the Improvements embraced in the Contract Documents; namely, and required supplemental work for the Commodore Barry Bridge Recreation Area, Phase 1, all in strict accordance with the Contract Documents, including all Addenda thereto, numbered , dated and dated all as prepared by acting fn behalf of the Department of Parks and Public Property and in these Contract Documents referred to as the "Landscape Architect", "Architect" or "Engineer". 7Stri7ke out the two terms not applicable. A-1 In the event that the Contractor does not perform the work according to the Contract Documents, and even though such failure of performance cannot be ascertained until some period of time in the future, the Local Public Agency shall have the right to call upon the Contractor to make good the work that was improperly performed, by written notice, informing him of the defective work; and upon the neglect or refusal of the Contractor to comply with such requests, this shall constitute a breach of the condition of this contract and in such event, any attorney of any court of record of Pennsylvania or elswhere is hereby authorized and empowered by the Contractor to appear for and enter judgment against the said Contractor for whatever sum of money is necessary to be spent in order to correct the deficient work of the Contractor; and the Contractor further agrees that such judgment may be entered against him, without defalcation, with costs of suit, release of errors and without stay of execution, together with five per cent added for collection fees, and the Contractor further waives the right of inquisition upon any real estate that may be levied upon to collect the amount due hereunder and does hereby voluntarily condemn the same and authorizex the Prothonotary to issue a Writ of Execution; and further agrees that any real or personal property may be sold upon a Writ of Execution and does hereby waive and release any and all appraisement, stay or exemption laws of any state, now in fbrce, or hereafter to be passed. ARTICLE 2. The Contract Price. The Local Public Agency shall pay the Contractor for the performance of the Contract, in current funds, subject to additions and deductions as provided in Section 109 hereof, the sum of Dollar s $ tr A-2 ARTICLE 3. Contract. The executed Contract Documents shall consist of the following: a. This Agreement f. General Conditions b. Addenda g. Special Conditions C. Invitation for Bids h. Technical Specifications d. Instructions to Bidders i. Drawings (as listed in the e. Signed copy of Bid Schedule of Drawings) This Agreement, together with other documents enumerated in this ARTICLE 3, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provision in any component part of this Con- tract conflicts with any provision of any other component part, the provision of the component part first enumerated in this ARTICLE 3 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in six (6) original copies on the day and year first above written. (Contractor) ATTEST: By *2 Title Business Address, including ZIP code: (Local Public Agency) By Title (Print or type the names underneath all signatures) *2 Supply description of Contractor: Owner, Partnership or Corporation. A-3 CERTIFICATIONS certify that I am the of the corporation named as Contractor herein; that who signed this Agreement on behalf of the Contractor, was then of said corporation; that said Agreement was du ly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate SEAL A 4* PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) hereinafter called "Principal" and (3) . of State of hereinafter called the "Surety", are held and firmly bound unto The Department of Parks and Public Property, of Chester, Pennsylvania, hereinafter called ' Owner", in the penal sum of Dollars ('$- ) in lawful*money of the United States, for the payment of whf-chsum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of a copy of which is hereto attached and made a part hereof, for the construF'tion of Commodore Barry Bridge Recreation Area, Phase I, according to plans and specifications prepared by NOW, THEREFORE, If the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract7 and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipu- lates and agrees that no.change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise effect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PB-l IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this day of ATTEST: (Principal) (Principal Secretary) By (SEAL) (address) (Witness as to Principal) (Address) (Surety) ATTEST: By (Attorney-if -fact) (Surety Secretary) (Address) (SEAL) (Witness as to Surety) (Address) NOTE: Date of Bond must not be prior to date of Contract. (1) Correst name of Contractor. (2) A Corporation, A Partnership or an Individual, as case may be. (3) Correct name of Surety. (4) If Contractor is Partnership, all partners should execute bond. PB-Z 16 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) hereinafter called "Principal" and (3) of , State of hereinafter called the "Surety", are held and firmly bound unto The Department of Parks and Public Property, of Chester, Pennsylvania, hereinafter called "Owner", in the penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum wel-I and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of , a copy of which is hereto attached an ade a part hereof, for the constru ion of Commodore Barry Bridge Recreation Area, Phase I, according to plans and specifications prepared by NOW, THEREFORE, If the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof including all amounts due for materials, lubricants, oil, consumed or used in connection with the construction of such work, and for all labor performed in such work whether by subconstractor or otherwise, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipu- lates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise effect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or,addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PB-3 IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of (Principal) (Surety) ATTEST: By (Surety Secretary) (Attorney -in -Fact) (SEAL) (Address) (Witness as to Surety) (Address) NOTE: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor. (2) A Corporation, a Partnership, or an Individual, as case may be. (3) Correct name of Surety. (4) Insert correct form of signature for a corporation, a partnership, or a sole trader, as appropriate. If Contractor is Partnership, all partners should execute Bond. PB 16 CONTRACTOR'S AND SUBCONTRACTOR'S COMPREHENSIVE GENERAL LIABILITY AND PROPERTY'DAMAGE INSURANCE As required under the General Conditions, the Comprehensive General Liability Policy shall be in an amount not less than $500,000.00 for injuries, including accidental death, or for care and loss of services because of bodily injury sustained by one or more persons as a result of any one occurrence, and the Contractor's Property Damage Insurance shall be in an amount not less than $100,000.00 with an aggregate limit of $300,000.00. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's General Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceeding paragraph, or (2) insure the activities of his subcontractors in his own policy. CONTRACTOR'S BUILDERS RISK INSURANCE The Contractor shall carry, during the life of the Contract, Builders Risk InsurU--nCe in an amount equal' to the value of his Contract. INS-l* CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, the duly authorized and acting lega 1 representative of the Department of Parks and Public Property of the City of Chester, Pennsylvania, do hereby certify as follows: I have examined the foregoing contract and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; hat said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Dated: CA-l'- Form Approved Budget Bureau No. 63R 1137 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated. in any previous contract or sub- contract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports*due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: Address and Zip Code: I *Bidder has participated in a previous contract or subcontract subject to he Equal Opportunity Clause. Yes No 0 (If answer is yes, identify the most recent contract.) 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes No 0 (If answer is yes, identify the most recent contract.) 3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. Yes 0 No 0 None Required C] 4. If answer to item 3 is "No," please explain in detail on reverse side of this cert ification. Certif ication - The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer IPlease Type) Signature Date HUD-4238-CD-1 (3-70) Previous Edition is Obsolete CD_1* GPO 892-820 FORM APPROVED BUDGET BUREAU NO. 63.R1138 HUD-4236-CO-2 (2-67) U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY NAME OF PRIME CONTRACTOR PROJECT NO. INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rule s and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or sub- contract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due-uhdar applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under applicable in- structions, such subcontractor shall be required to submit a compliance report before the owner approves the sub- contract or permits work to begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION Subcontractor's Name: Address: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes F-1 No M 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes M No M 3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. Yes CD No (7 None Required F-1 4. If answer to item 3 is "No," please explain in detail on reverse side of this certification. Certification The information above is true and complete to the best of my knowledge and belief. 14AME AND TITLE OF SIGNER tPlease Type) SIGNATURE DATE GP 0 9 25-8 12 CDS-I* 16 GENERAL SPECIFICATIONS GENERAL CONDITIONS - PART I 101. DEFINITIONS Whenever used in any of the Contract Documents, the following meanings shall be given to the terms herein defined: a. The term "Contract" means the Contract executed by the Local Public Agency and the Contractor, of which these GENERAL CONDITIONS, PARTS I, II and II Attachment form a part. b. The term "Local Public Agency" means the Department of Parks and Public Property of the City of Chester which is authorized to undertake this Contract. C. The term "Contractor" means the person, firm, or corporation ?ntering into the Contract with the Local Public Agency to construct and install the Improvements embraced in this Contract. d. The term "Project Area" means the site of the Project within which-are the specified Contract limits of the Improvements contemplated to be constructed in whole or in part under this Contract. e. The terms "Engineer", "Architect", and "Landscape Architect" means The Delta Group or their authorized representative, serving the Local Public Agency with architectural or engineering services, their successor, or any other person or persons employed by said Local Public Agency for the purpose of directing or having in charge the work embraced in this Contract, the said Engineer acting directly or indirectly through any assistant having general charge of the work or through any assistant having immediate charge of a portion thereof limited by the particular duties in- trusted to him. f. The term "Local.Government" means the City of Chester, Pennsylvania, within which the Project Area is situated. g. The term "Contract Documents" means and shall include the following: Executed Agreement, Addenda (if any), Invitations for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Parts I, II, and II Attach- ment, Special Conditions, Technical Specifications, and Drawings. GCI-l h. The term "Drawings" means the drawings listed in the Schedule of Drawings. i. The term "Technical Specifications" means that part of the Contract Documents which describes, outlines and stipulates: the quality of the materials to be furnished; the quality of workmanship required; and the methods to be used in carrying out the construction work to be performed under this Contract. j. The term "Addendum" or "Addenda" means any changes, revisions or clarifications of the Contract Documents which have been duly issued by the Department of Parks and Public Property to prospective Bidders prior to the time of receiving Bids. AUTHORITY OF THE ENGINEER All work under this Contract shall be done to the satisfaction of the Engineer, who shall in all cases determine the amount, quality, acceptability and fitness of the materials and workmanship which are paid for hereunder, and shall decide all questions which may arise as to the fulfillment of this Contract on the part of the Contractors. 102. SUPERINTENDENCE BY CONTRACTOR a. Except where the Contractor is an individual and gives his personal superintendence to the work, the Contractor shall provide a competent superin- tendent, satisfactory to the Department of Parks and Public Property and the Engineer, on the work at all times during working hours with full authority to act for him. The Contractor shall also provide an adequatestaff for the proper coordination and expediting of his work. b. The Contractor shall retain an experienced engineer who shall establish bench marks on the site, lines, elevations and stakes necessary for laying out the entire work. He shall verify and adjust these as necessary before proceeding with and during progress of the work and shall be held responsible for any error resulting from his failure to do so. The Contractor shall be responsible for all work executed by him under the Contract. 103. SUBCONTRACTS a. The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this Contract until he has submitted a non-collusion affidavit from the subcontractor in substantially the form shown below and has received written approval of such subcontractor from the Local Public Agency. GC1-2 16 NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of County of being first duly sworn, deposes and says that (1) He is of hereinafter referred to as the "Subcontractor"; (2) He is fully informed respecting the preparation and contents of the subcontractor's Proposal submitted by the subcontractor to the Contractor, for certain work in connection with the Contract pertaining to the Project in (City or County and State); (3) Such subcontractor's Proposal is genuine and is not a collusive or sham proposal: %4) Neither the subcontractor nor any of its officers, partners, owners, agents, re- presentatives, employees or parties in interest, including this affiant, has in any way col- luo'ed, conspired, connived, cr agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Proposal in connection with such Contract or to re- frain from submitting a Proposal in connection with such Contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Bidder, firm or person to fix the price or prices in said subcontractor's Proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and GCI 3 (5) The price or prices quoted in the subcontractor's Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, represent atives, owners, employees, or parties in interest, including this offiant. (Signed) Title Subscribed and sworn to before me th is day of 19 Title My commission expires 19 b. No proposed subcontractor shall be disapproved by the Local Public Agency ex- cept for cause. c. The Contractor shall be as fully responsible to the Local Public Agency for the acts and omissions of his subcontractors, and of persons either directly or indirectly em- played by them, as he is for. the acts and omissions of persons directly employed by him. . d. The Contractor shall cause appropriate provision to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable pro- visions of the Contract for the Improvements embraced in the Contract Documents. e. Nothing contained in the Contract shall create any contractual relation between any subcontractor and the Local Public Agency. GO - 4 104. OTHER CONTRACTS 16 The Department of Parks and Public Property may awards or may have awarded other contracts for additional work, and the Contractor shall cooperate fully with such other Contractors, by scheduling his own work with that to be performed under other Contracts a *s may be directed by the Department of Parks and Public Property. T4e Contractor shall,not,commit or permit any 7..aciwhich will interfere with the performance of work by any other Contractor as scheduled, 105. FITTING AND COORDINATION OF THE WORK The Contractor shal I be responsible for the proper fitting of of I work and for the co- ordination of the operations of of I trades, subcontractors, or material men engaged upon this Contract. He shall be prepared to guarantee to each of his subcontractors the loca- tions and measurements which they may require for the fitting of their work to all surround- ing work. 106. MUTUAL RESPONSIBILITY OF CONTRACTORS If, through acts or neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the. Contractor shall settle with such other Contractor or subcontractor by agreement or arbitration, if such o.ther Contractor of subcontractor will so settle. If such other Contractor or subcontractor shall assert any claim against the Department of Parks and Public Property on account of any damage alleged to have been so sustained, the Department of Parks and Public Property will notify this Contractor, who shall defend at his own expense any suit based upon such claim, and if any judgment ---or. claims against the Department of Parks and Public Property shall be allowed, the Contractor shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith. 107. PROGRESS SCHEDULE AND COST BREAKDO14N a* The Contractor shall submit for approval immediately after execution of the Agreement, a carefully prepared Progresi Schedule, showing the proposed dates of starting and completing each of the various sections of the work, the anticipated monthly payments to become due the Contractor, and the accumulated percent oF progress each month. b. The Contractor shall submit to the Local Public Agency a breakdown of his estimated cost of all work, so arranged and itemized as to meet the approval of the Local Public Agency. This breakdown shall be submitted promptly after execution of the agreement and before any payment is made to the Contractor for the work performed under the Contract. After approval by the Local Public Agency the unit prices established in the breakdown shall be used in estimating the amount of partial payments to be made to the Contractor. GCI - 5 108. PAYMENTS TO CONTRACTOR 1 Partial Payments a. The Contractor shall prepare his requisition for partial payment as of the last day of the month and submit it, with the required number of copies, to the Engineer for his approval.. The amount of the payment due the Contractor shall be determined by adding to the' total value of*work completed to date, the value of materials properly stored on the site and deducting (1) ten (10%) percent of the total amount, to be retained until final payment and (2) the amount of all previous payments. The total value of work completed to date shall be based upon the estimated quantities of work completed to date on each item and the unit prices established in the COST BREAKDOWN and adjusted in accordance with the value of work completed to date on approved change orders. b. Monthly or partial payments made by the Local Public Agency to the Coniraia6r are moneys advanced for the purpose of assisting the Contractor to expedite the work of construction. The Contractor shall be responsible for the care and protection of off mote- rials, and work upon which payments have been made until final acceptance of such work and materials by the Local Public Agency. Such payments shall not constitute a waiver of the right of the Local Public Agency to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the Local Public Agency in all details. 2. Final Payment a. After final inspection and acceptance by the Local Public Agency of all work under the Contract, the Contractor shall prepare his requisition for final payment. The total amount of the final payment due the Contractor under this Contract shall be the Jump-sum shown in the Agreement, plus or minus any change orders approved by the Local Public Agency, less all previous payments. Final payment to the Contractor shall be made subject to his furnishing the Local Public Agency with a release in satisfactory form-of all claims against the Local Public Agency arising under and by virtue of his contract, other than such 'claims, if any, as may be specifically excepted by the Contractor from the operation of the release as provided under Section 114 hereof. b. The Local Public Agency, before. paying the final estimate, may require the , Con- tractor to furnish releases or receipts from al I subcontractors having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the Contractor, if the Local Public Agency deems the some necessary in order to protect its interest. The Local Public Agency, however, may if it deems such action advisable, make payment in part or in ful I to the Contractor without requiring the furnishing of such releases or receipts and any payments so made shall in nowise impair the obligations of any surety or sureties furnished under this Contract.' GCI - 6 c. Withholding of any amount due the Local Public Agency under Section402 en- titled "Liquidated Damages", under SPECIAL CONDITIONS, shall be deducted from the final payment due the Contractor. 3. Withholding Payments The Local Public Agency may withhold from any payment otherwise due the Contractor so much as may be necessary to protect the Local Public Agency and if it so elects may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be con- strued solely for the benefit of the Local Public Agency and will not require the Local Public Agency to determine or adjust any claims or disputes between the Contractor and his subcontractors or material dealers, or to withhold any moneys for their protection un- less the Local Public Agency elects to do so. The failure or refusal of the Local Public Agency to withhold any moneys from the Contractor shall in nowise impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract. 4. Payments Subject to Submission of Certificates Each payment to the Contractor by the Local Public Agency shall be made subject to submission by the Contractor of all written certifications required of him and his sub- contractors by the Federal Labor Standards Provisions bound herein. 109. CHANGES IN THE WORK a Tl . he Local Public agency may make changes in the scope of the work required to be performed by the Contractor under the Contract or making additions thereto, or by omitting work therefrom, without invalidating the Contract, and without relieving or releasing the Contractor from any of his obligations under the Contract or any'guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is ex- pressly provided otherwise. b. Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the Improvements or supply additional labor,. services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Local Public Agency author- izing the Contractor to proceed with the change. No claim for an adjustment of the Con- tract Price, will be valid unless so ordered. GCI - 7 c. If applicable unit prices are contained in the Agreement (established as a result of either c unit price bid or a Supplemental Schedule of Unit Prices) the Local Public Agency may order the Contractor to proceed with desired changes in the work, the value of such changes to be determined by the measured quantities involved and the applicable unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase or decrease the original total amount shown in the Agreement by more than twenty-five (25%) percent in accordance with the Section entitled Unit Prices, under INSTRUCTIONS TO BIDDERS. d. If applicable unit prices are not contained in the Agreement or if the total net change increases or decreases the total Contract Price more than twenty-five (25%) per- cent, the Local Public Agency shall, before ordering the Contractor to proceed with desired changes, request an itemized proposal from him covering the work involved in the change after which the procedure shall be as follows : I )If the proposal is acceptable the Local Public Agency will prepare the change order i n* accordance therewith for acceptance by the Contractor and (2) If the proposal is not acceptable and prompt agreement between the two parties cannot be reached, the Local Public Agency may order the Contractor to pro- ceed with the work on a cost-plus- I imi ted basis. A cost-plus-limited basis is dpfined as the net cost of the Contractor's labor, materials, and insurance plus fifteen ( 15%) percent of said net cost to cover overhead and profit, thetotal cost not to exceed a specified limit. e. Each change order shall include in its final form (1) A detailed description of the change in the work. (2) The Contractor's proposal (if any) or a conformed coo thereof. y (3) A definite statement as to the resulting change in the contract price and/or time. (4) The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order. 110. PREROGATIVE OF LPA It may- be the intent of the Local Public Agency to expend a certain fixed sum, within close limits, on any contract. The right is reserved therefore, to increase the extent of the work, if bid5 be lower than anticipated, or to decrease the extent of work if bids be high. Any increase of work, under this clause, will be o'f the same nature as that bid on. The increase or diminution mentioned in Paragraph 109 above., is at the option of A GCI - 8 the Local Public Agency, and is to be made for the best interest of the Local Public Agency; the increase or diminution mentioned just above in this Paragraph, on account of low or high bids, may be made in addition to the other, and independent of it. If the Local Public Agency shall decicte to exercise the rights reserved in this Paragraph No. 110, it must so notify the Contractor, within five (5) consecutive calendar days after the date of the signing of the Contract and must, at the same time, inform him as to the amount of the certain fixed sum which the Local Public Agency intends to expend on this Contract. I 11. CLAIMS FOR EXTRA COST a. If the Contractor claims that any instructions by Drawings or otherwise involve extra cost or extension of time, he shall, within ten ( 10) days after the receipt of such instructions', and in any event before proceeding to execute the work, submit his protest thereto in writing to the Local Public Agency, stating clearly and in detail the basis of his objections. No such claim wil I be considered unless so made. b. Claims for additional compensation for extra work, due to -alleged errors in ground elevations, contour lines., or bench marks, wil I not be recognized unless accom- panied by certified survey data, made prior to the time the original ground was-disturbed, clearly showing that errors exist which resulted, or would result, in handling more mate- riol, or performing more work, than would be reasonably estimated from the Drawings and maps issued. c. Any discrepancies which may be discovered between actual conditions and those represented by the Drawings and maps shall at o 'nce be reported to the Local Riblic Agency and work shall not proceed except at the Contrc--tor's risk., until written instructions have been received by him from the Local Public Agency. d. If, on the basis of the available evidence, the Local Public Agency determines that an adjustment of the Contract Price and/or Time is justifiable, the procedure shall be as provided in Section 109 thereof. 112. TERMINATION: DELAYS AND LIQUIDATED DAMAGES a. Termination of Contract. If the Contractor refuses or fails to prosecute the work with such diligence as will insure its completion within the time specified in these Contract Documents, or as modified as provided in these Cortract Documents, the Local Public Agency, by written notice ko the Contractor, may terminate the Contractor's right to pro- ceed with the work. Upon such termination, the Local Public Agency may take over the GCI - 9 work and prosecute the same to completion, by contract or otherwise, and the Contractor and his sureties shall be I iable to the Local Public Agency for any additional cost incurred by the Local Public Agency in its completion of the work and they shall also be liable to the Local Public Agency for liquidated damages for any delay in the completion of the work as provided below. If the Contractor's right to proceed is so terminated, the Local Public Agency may take possession of and utilize in completing the work such materials, tools, equipment, and plant as may be on the.site of the work and necessary therefor. b. Liquidated Damages for Delays. If the work be not completed within the time stipulateJ in Section 401 hereof, including any extensions of time for excusable delays as herein provided, the Contractor shall pay to the Local Public Agency as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) for each calendar day of delay, until the work is completed, the amount as set forth in Section 402 hereof and the Contractor and his sureties shal I be liable to the Local Public Agency for the amount thereof. c. Excusable Delays. The right of the Contractor to proceed shall not -be terminated nor shall the Contractor be-charged with liquidated damages for any delays in the com- pletion of the work due To any acts of the Government, including controls or restrictions upon or re- quisitioning of materials, equipment, tools, or labor by reason of war, National Defense, or any other national emergency; (2) To any acts of the Local Public Agency;. (3) To causes not reasonably forseeable by the parties to this Contract at the time of the execution of the Contract which are beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other contract with the Local Public Agency, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes., cyclones and other extreme weather conditions; and (4) To any delay of any subcontractor occasioned by any of the causes specified in 5ubparographs (I ), (2), and (3) of this Paragraph 11c". Provided, however, that the Contractor promptly notify the Local Public Agency within ten ( 10) days in writing of the cause of the delay. Upon receipt of such notification the Local Public Agency shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this Contract, the delay is properly excusable, the Local Public Agency shall extend the time for completing the work for a period of time commensurate with the period of excusable delay. GO - 10 113. ASSIGNMENT OR NOVATION The Contractor shall not assign or transfer, whether by an assignment or novation any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Can- tract without the written consent of the Local Public Agency; provided that assignments to banks, trust companies, or other financial institutions may be made without the consent of the Local Public Agency. No assignment or novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of 'the Contractor's rights or benefits under the Contract is subject to a prior lien for lcb6r per- formed, services rendered, and materials, tools, and equipment supplied for the perfor- mance of the work under this Contract in favor of all persons, firms, or corporations rendering such labor or services or supplying such materials, tools, or equipment. 114. DISPUTES a. All disputes arising under this Contract or its interpretation except those disputes covered by FEDERAL LABOR-STANDARDS PROVISIONS under GENERAL CONDITIONS, PART 11, whether involving low or fact or both, or extra work, and all claims for alleged breach of Contract shall within ten ( 10) days of commencement of the dispute be pre- sented by the Contractor to the Local Public Agency for decision. All papets pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime the Contractor shol I pro- ceed with the work as directed. Any claim not presented' within the time limit specified this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten ( 10) days of its commencement, the claim will be considered only for a period commencing ten ( 10) days prior to the receipt by the Cocal Public Agency of notice thereof. b. The Contractor shall submit in detail his claim and his proof thereof. Each de- cision by the governing body of the Local Public Agency will be in writing and will be mailed to the Contractor by registered or certified mail, return receipt requested, directed to his lost known address. co If the Contractor does not agree with any decision of the Local Public Agency, he shall in no case allow the dispute to delay the work but shall notify the Local Public Agency promptly that he is proceeding with 'the work under protest and he may then ex- cept the matter in question from the final release. GCI I I 115. TECHNICAL SPECIFICATIONS AND DRAWINGS Anything mentioned in the Technical Specifications and not shown on the Drawings or shown on the Drawings and not mentioned in the Technical Specifications, shall be of like effect as if shown on or mentioned in both. In case of difference between Drawings and Technical Specifications, the Technical Specifications shall govern. In case of an'y discrepancy in Drawings or Technical Specifications, the matter shall be immediately - - submitted to the Local Public Agency, without whose decision, said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. 116. REQUESTS FOR SUPPLEMENTARY INFORMATION It shall be the responsibility of the Contractor to make timely requests of the Lo cal Public Agency for any additional information not already in his possession which:shoUld be furnished by the Local Pu@lic Agency under the terms of this Contract, and which he," will require in the planning and execution of the work. Such requests may be submitte4., from time to time as the need is approached, but each shall be filed in ample time t6 permit appropriate action to be taken by al I parties involved so as to avoid delay. Each request shall be in writing, and list the various items and the latest date by which each will be required by the Contractor. The first list shall be submitted within two (2) weeks after Contract award and shall be as complete as possible at that time. The Contractor shall, if requested, furnish promptly any assistance and information the Engineer may re- quire in responding to these requests of the Contractor. The Contractor shall be fully responsible for any delay in his wo'-rk or to others arising from his failure to comply fully - with the provisions of this Section. 117. MATERIALS AND WORKMANSHIP a. Unless otherwise specifically provided for in the Technical Specifications, all workmanship, equipment, materials and articles incorporated in the work shall be new and the best grade of the respective kinds for the purpose. Where equipment, materials, articles or workmanship are referred to in the Technical Specifications as "equal to" any particular standard, the Engineer shall decide the question of equality. b. The Contractor shall furnish to the Local Public Agency for approval the manu- facturer's detailed specifications for all machinery, mechanical and other special equip- ment, which he contemplates installing together with full information as to type, per- formance characteristics, and all other pertinent information as required, and shall like-, wise submit for approval as required full information concerning all other materials or articles which he. proposes to incorporate in the work. (See Section 118 hereof.) GCI - 12 c. Machinery, mechanical and other equipment, materials or articles installed or used without such prior approval shall be at the risk of subsequent rejection. d. Materials specified by reference to the number or symbol of a specific standard such as an A.S.T.M. Standard, a Federal Specification or other similar standard, shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Invitation for Bids, except as limited to type, class. or grade, or modified in such reference. The standards referred to, except as modified in the Technical Specifications shall have full force and effect as though printed therein. e. The Local Public Agency may require the Contractor to dismiss from the work such employee or employees as the Local Public Agency or the Engineer may deem in- competent, or careless, or insubordinate. 118. SAMPLES,, CERTIFICATES AND TESTS a. The Contractor shall submit all material or equipment samples, certificates, affidavits, etc., as called for in the Contract Documents or required by the Engineer promptly after award of the Contract and acceptance of the Contractor's bond. No such material or equipment shall be manufactured or delivered to the site, except at the-', Contractor's own risk, until the -required samples or certificates have been approved in writing by the Engineer. Any delay in the work caused by late or improper submission of samples or certificates for approval shall not be considered just cause for an extbrision of the Contract Time. Each sample submitted by the Contractor shall carry a label giving the name of, the Contractor, the project for which it is intended, and the name of the producer. 'The accompanying certificate or letter from the Contractor shall state that the sample com- plies with Contract requirements, shall give the name and brand of the product, its place of origin, the name and address of the producer and all specifications or other detailed information which will assist the Engineer' in passing upon the acceptability of the sample promptly. It shall also include the statement that all materials or equipment., furnished for use in the project will comply with the samples and/or certified statements. b. Approval of any materials shall be general only and shall not constitute a waiver of the Local Public Agency's right to demand full compliance with Contract requirements. After actual deliveries, the Engineer will have such check tests made as he deems neces-* sary in each instance and inay reject materials and equipment ond accessories for cause, even though such materials and articles have been given general approval. If materials, equipment or accessories which fail to meet check tests have been incorporated in the work, the &Engineer will have the right to cause their removal and replacement by proper I materials or to demand and secure such reparation by the Contractor as is equitable. GCI 13 c. Except as otherwise specifically stated in the Contract, the cost of sampling and testing wil I be divided as follows: 0 ) The Contractor shal I furnish without extra cost., including packing and delivery charges, all samples required for testing purposes, except those samples taken on the project by the Engineer; (2) The Contractor shall assume all costs.of re-testing materials which fail to meet Contract requirements; (3) The Contractor shall assume all costs of testing materials offered in substitution for those found deficient; and (4) The Local Public Agency will pay all other expenses. 119. PERMITS AND CODES a. The Contractor shall give all notices required by and comply with all applicable laws, ordinances, and codes of the Local Government. All construction work and/or utility installations shall comply with all applicable ordinances, and c6des including all written waivers. Before installing any work, the Contractor shall examine the Drawings and Technical Specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the Local Public Agency. Where the requirements of the Drawings and Technical Specifications fail to comply with such applicable ordi- nances or codes, the Local Public Agency wil I adjust the Contract by Change Order to conform to such ordinances or codes (unless waivers in writing covering the difference have been granted by the governing body or department) and make appropriate adjust- ment in the Contract Price or stipulated unit prices. Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility at variance with applicable ordinance or code, including any written waivers (notwithstanding the fact that such installation is in com- pliance with the Drawings and Technical Spec i T'i cations.), the Contractor shall remove such work without cost to the Local Public Agency, but a Chcnge Order will be issued to cover only the excess cost the Contractor would have been entitled to receive if the change had been mode before the Contractor commenced work on the items involved. b. The Contractor shall at his own expense, secure and pay to the appropriate department of the Local Government the fees or charges for all permits for street pave- ment, sidewalks, sheds, removal of abandoned water tops, sedling of house connection drains, pavements cuts, buildings, electrical, plumbing., water, gas and sewer permits required by the local regulatory body or any of its agencies. GCI - 14 c. The Contractor shall comply with applicable local laws and ordinances governing the disposal of surplus excavation, materials, debris and rubbish on or off the Project Area and commit no trespass on any public or private property in any operation due to or col)- nected with the Improvements embraced in this Contract. 120. CARE OF WORK a. The Contractor shall be responsible for all damages to person or property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall be responsible for the proper core and protection of all materials delivered and work performed until completion and final acceptance, whether or not the some has been covered in whole or in part by payments mode by the Local Public Agency. bi The Contractor shall provide sufficient competent watchmen, both day and night, including Saturdays, Sundays, and holidays, from the time the work is commenced until final completion and acceptance. c. In an emergency affecting the safety of life, limb or property, including adjoining property, the Contractor, without special instructions or authorization from the Local Public Agency, is authorized to act at his discretion to prevent such threatened loss or in- jury, and he shall so act. He shall likewise act if instructed to do so by the Local Public Agency. Any compensation claimed by the Contractor on account of such emergency work will be determined by the Local Public Agency cis provided in Section 109 hereof. d. The Contractor shall avoid damage as a result of his operations to.existing side- walks, streets, curbs, pavements, utilities (except those which are to be replaced or re- moved), adjoining property, etc. and he shall at his own expense completely repair any damage' thereto caused by his operations. e. The Contractor shall shore up, brace, underpin, secure, and protect ais may be necessary, all utilities, and all foundations and other parts of existing structures; adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations or other operations connected with the construction of the Improvements embraced in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or-adjacent property owner or other party before the commencement of any work. The Contractor shall indemnify and save harmless the Local Public Agency from any damages on account of settlements or the loss of lateral support of adjoining property or utilities and from all loss or expense and all damages for which the Local Public Agency may become liable in consequence of such injury or damage to adjoining and adjacent structures or utilities and their premises. 16 GCI - 15 121. 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 or, or off the site, which occur as a result of his prosecution of the work. The safety provisions 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 Local Public Agency may determine to be reasonably necessary. Machi- nery, equipment and all hazards shall be 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 can- flict with applicable local laws. b. The Contractor shall maintain an accur ate record of all cases of death, Occu- pational disease, or injury requiring medical attention or causing loss of time from workir arising out of and in the course of employment on work under this Contract. The Con- tractor shall promptly furnish the Local Public Agency with reports concerning these matters. c. The Contractor shall indemnify and save harmless the Local Public Agency from any claims for damages resulting from property damage, personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this Contract. 122. SANITARY FACILITIES The Contractor shall furnish, install, and maintain ample sanitary lacilities for the workmen. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently piaced as required by the sanitary codes of the State and Local Govern- ment. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services sha!i be furnished in strict accordance with existing and governing health regulations. 123. USE OF PREMISES a. The Contractor shall confine his equipment, storage of materials, and construc- tion operations to the Contract Limits as shown on the Drawings and as prescribed by ordinances or permits, or as may be desired by the Local Public Agency, and shall not unreasonably encumber the site or public rights of way with his materials and construction equipment. GCI 16 b. The Contractor shall comply with all reasonable instructions of the Local Public Agency and the ordinances and codes of the Local Government, regarding signs, adver- tising, traffic, fires, explosives, danger signals, and barricades. 124. REMOVAL OF DEBRIS, CLEANING, ETC. The Contractor shall, periodically or as directed during the progress of the work, re- move and legally dispose of all surplus excavated material and debris, and keep the Pro- iect Area and public rights of way reasonably clear. Upon completion of the work, he shall remove all temporary construction facilities, debris and unused materials provided for the work, and put the whole site of the work and public rights of way in a neat and clean condition. Trash burning on the site of the work wil I be subject to prior approval of the Local Public Agency and existing State and local regulations. 125. INSPECTION a. Al I materials and workmanship shall be subject to inspection, examination, or test by the Local Public Agency and the Engineer at any and all times during manufacture or construction and at any and all places where such manufacture or construction is carried on. The Local Public Agency shall have the right to reject defective material and work- manship or require its correction. Unacceptable workmanship shall be satisfactorily cor- rected. Rejected materials shall be promptly segregated and removed from the Project Area and *eeplaced with materials of specified quality without charge therefor. If the Contractor fails to proceed at once with the correction of rejected workmanship or de- fective material, the Local Public Agency may by contract or otherwise have the defects remedied or rejected materials removed from the Project Area and charge the cost of the some against any moneys which may be due the Contractor, without prejudice to any other rights or remedies of the Local Public Agency. b. The Contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. (See Section 118 hereof.) All tests by the Local Public Agency will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. c. The Contractor shall notify the Local Public Agency sufficiently in advance of backfilling or concealing any facilities to permit proper inspection. If any facilities ore concealed without approval or consent of the Local Public Agency, the Contractor shall uncover for inspection and recover such facilities all at his own expense, when so re- quested by the Local Public Agency. GCI - 17 Should it be considered necessary or advisable by the Local Public Agency at any time before final acceptance of the entire work to make an examination of work already completed by uncovering the some, the Contractor shall on request promptly furnish all necessar/ facilities, labor, and material. If such work is found to be defective in any important or essential respect, due to fault of the Contractor or his subcontractor, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruc- tion. If, however, such work is found'to meet',the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, plus fifteen ( 15%) percent of such costs to cover superintendence, general expenses and profit, shall be allowed the Contractor and he shall, in addition, if completion of the work of the entire Contract has been delayed thereby, be granted a suitable extension of time on account of the additional work involved. d. Inspection of materials and appurtenances to be incorporated in the Improvements embraced in this Contract may be at the place of production, manufacture or shipment, - whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (I ) latent de- fects, (2 ) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the require- ments contained in the preceeding sentence, the inspection of materials as a whole or in part will be made at the Project Site. e. Neither inspection, testing, approval nor acceptance of the work in whole or in part, by the Local Public Agency or its agents shall relieve the Contractor or his sureties of full responsibility for Materials furnished or work performed not in strict accordance with the Contract. 126. REVIEW BY LOCAL PUBLIC AGENCY The Local Public Agency, its authorized representatives and agents and the Represen- tative for the Secretary (as defined under GENERAL CONDITIONS, PART 11) shall, at all times have access to and be permitted to observe and review all work, materials.. equipment, payrolls, personnel records, employment conditions, materials invoices, and other relevant data and records pertaining to this Contract, provided, however, that alla instructions and approval with respect to the work will be given to the Contractor only by the Local Public Agency through its authorized representatives or agents. 127. PRE-FINAL AND FINAL INSPECTIONS a. When the improvements embraced in this Contract are substantially completed, the Contractor shall notify the Engineer in writing, that the work will be ready for Pre-Final Inspection on a definite date whic-h shall be stated in such notice. Such notice shall be given at least ten (10) days prior to the date stated for Pre-Final Inspection. If the Engineer determines that the Status of the Improvenents is as represented, he will 16 make the arrangements necessary to have the Pre-Final Inspection commenced on the date stated in such notice, or as soon thereafter as is practicable. GCl - 18 Upon making the Pre-Final Inspection the Engineer will prepare a written 'Punch List" or list of items requiring attention or work for presentation to the Contractor. Upon receiving such written list, the Contractor shall take immediate action to correct the deficiencies, if any, and complete such work within fifteen (15) working days from receipt of such written list. b. When all of the deficiencies from the Pre-Final Ins2ection have been corrected, the Contractor shall advise the Engineer in writing, that the work has been completed and requesting a Final Inspection on a definite date which shall be stated in such notice. The notice shall be given at least five (5) working days prior to the date stated for Final Inspection. The Engineer shall make arrangements to have the Final Inspection made on the date stated in the notice, or as soon thereafter as is practicable. 128. DEDUCTION FOR UNCORRECTED WORK If the Local Public Agency deems it not expedient to require the Contractor to correct work not done in accordance with the Contract Documents, an equitable deduction from the Contract Price will be made by agreement between the Contractor and the Local Public Agency and subject to settlement, in case of dispute, as herein provided. 129. INSURANCE a. The Contractor shall carry or require that there be carried Workmen's Compensation Insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State or Territorial Workmen's Compensation Laws. b. The Contractor shall carry or require that there be carried a Comprehensive General Liability Policy with a limit of $500,000.00 for all damages, including damages for care and loss of services, becasue of bodily injury sustained by one or more persons as a result of any one occurrence; such insurance shall cover the use of all equipment, including but not limited to excavating machinery, trenching machines, cranes, hoists, rollers, concrete mixers, and motor vehicles, in the construction of the Improvements embraced in this Contract. c. The Contractor shall carry, during the life of the Contract, Property Damage Insurance with a limit of $100,000.00 for all damages because of all property damage sustained by one or more persons or organizations as the result of any one occurrence and, subject to the foregoing limit, an aggregate limit of $300,000.00 for all damages which might arise from operations under the Contract. d. The Contractor shall carry, during the life of the Contract, Builders Risk Insurance in an amount equal to the value of his Contract. e. Before commencing work, the Contractor shall submit evidence of the coverage required above to the Local Public Agency for review and approval. The policies shall be scheduled on approved forms to be supplied by the Local Public Agency. The Local Public Agency will, in writing, identify the policies and indicate its approval. or disapproval. New Policies from other companies shall be provided in place of those disapproved. Such insurance shall be carried with financially responsible insurance companies, licensed in the State and approved by the Local Public Agency, and shall be kept in force until the Contractor's work is accepted by the Local GC1-19 Public Agency. Contracts of insurance (covering all operations under this Contract) which expire before the Contractor's work is accepted by the Local Public Agency shall be renewed and evidence of such renewal shall be submitted to the Local Public Agency for its approval. 130. PATENTS The Contractor shol I hold and save the Local Public Agency, its officers, and em- ployees, harmless from liability of any nature or kind.. including costs and expensest for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Contract, including its u3e by the Local Public Agency, unless otherwise specifically stipulated in the Technical Specifications. 131. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease- purchase or other agreement by which an interest therein or in any part thereof is re- tained by the seller or supplier. The Contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of off work, shall deliver the some together with all improvements and appurtenances constructed or placed thereon by him to the Local Public Agency free from any claims, liens, or charges. Neither the Contractor nor .. any person, firm or corporation furnishing any material or labor for any work covered'by this Contract shol I have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this Paragraph, how- ever, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the Contractor for their protection or any rights under any low permitting such persons to look to funds due the Contractor in the hands of the Local Public Agency. The provisions of this Paragraph shall be inserted in all subcontracts and materials contracts and notice of its provision shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. 132. GENERAL GUARANTY Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the Improvements embraced in tHs Contract by the Local Public Agency or the public shall constitute an acceptance of work not done in accordance with the Con- tract or relieve the Contractor of liability in respect to any express warranties or responsi- bility for faulty materials or workmanship. The Contractor shall promptly remedy any de- fects in the work and pay for any damage to other work resulting therefrom which shal I appear within a period of 12 months from the date of final acceptance of the work. The Local Public Agency will give notice of defective materials and work with reasonable promptness. GCI - 20 133. RISK OF LOSS 16 The Local Public Agency assumes no responsibility for the condition of property on the Project Area nor for the continuance in the condition existing at the time of issuance of the Invitation for Bids or thereafter. No adjustment of Contract Price or allowance for anychange in conditions which may occur after the Invitation for Bids has been issued, will be made. 134. LIVE UTILITIES AND OTHER PROPERTY a.. The Contractor shall assume all responsibility for damage attributable to him to any property upon, or passing through, the Project Area but excluded from the work or not owned by the Local Public Agency, such as utility lines, surface improvements, or like items. b. If disconnections of underground utility services are required to be..,made in public thoroughfares, the Contractor shall comply with all local requirements and regulations respecting the barricading of streets, the removal and restora- tioh of pavement, and other pertinent matters. 135. SHOP DRAWINGS a. All required shop drawings, machinery details, layout drawings, etc. shall be submitted to the Engineer in five (5) copies for approval sufficiently 'in advance of requirements to afford ample time for checking, including time for correcting, resubmitting and rechecking if necessary. The Contractor may proceed, only at his own risk, with manufacture or installation of any equipment or work covered by said shop drawings, etc. until they are approved and no claim, by the Contractor, for extension of the contract time will be granted by reason of his failure in this respect. b. Any drawings submitted without the Contractor's stamp of approval will not be considered and will be returned to him for proper resubmission. If any drawings show variations from the requirements of the Contract because of standard shop practice or other reason, the Contractor shall make specific mention of such variation in his letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment of contract price andlor time otherwise the Contractor will not be reli eved of the responsibility for executing the work in accordance with the Contract even though the drawings have been approved. GC1-21 c. If a shop drawing is in accord with the contract or involves only a minor adjustment in the interest of the Local Public Agency not involving a change in contract price or time, the Engineer may approve the drawing. The approval shall be general, shall not relieve the Contractor, from his responsibility for adherence to the contract'or for any error in the drawing and shall contain in substance the following: IlThe modification shown on the attached drawing is approved in the interest of the Local Public Agency to effect an improvement for the Project and is ordered with the understanding that it does not involve any change in the Contract Price or time; that it is subject generally to all Contract stipulation and covenants; and that it is without prejudice to any and all rights of the Local Public Agency under the Contract and surety bond or bonds. d. The Engineer's approval of shop drawings is for design only and is not a complete check on the method of assembly, erection or construction. Approval shall in no way be construed as (1) permitting any departure whatsoever from the Contract Documents, except where the Contractor, in accordance with the provisions of paragraph b. of this Section, has previously notified the Engineer of such departure; (2) relieving the Contractor of full responsibility for any error in quality of materials, details, dimensions, omissions or other- wise that may exist; (3) relieving the Contractor of full responsibility for adequate field connections, erection techniques, bracing or i deficiencies in strength; (4) relieving the Contractor of full responsibility for satisfactory performance of all work and. coordination with the work of all subcontractors and other contractors; or (5) permitting departure from additional details or instructions previously furnished by the Engineer. GCl -2Z' '. FEDERAL LABOR STANDARDS PROVISIONS GENERAL C011DITIONS - PART II 1. APPLICABILITY The Project or program to which the wofk covered by this Contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are ihcluded in this Contract pursuant to the provisi@)ns applicable, to such Federal assist- ance. 2. MINIKUM WAGE RATES FOR LABORERS AND MECHa-ICS All laborers and mechanics employed upon the work covered by this contract shall be paid unconditiona:11y and not less often than ance each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regula- tions issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti-Kickback Act helreinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached and herein incorporated by reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or a-qy subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by -ehe Local Public Agency or Public Body for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1 (b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contribu- tions made or costs incurred for more than a.weekly period under plans, funds, or programs, but covering the partic-ala-r weekly period, are deemed to be constructively made or incurred.during such weekly period. 3. UNDERPAYMMITS OF WAGES OR SALARIES In case of underpayment of wages by th-_ Contractor or by any subcontractor to laborers or mechanics e=loyed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body in addition to such other rights as may be afford- ed it under this Contract shall withhold fr--:a the Contractor, out of any payments due the Contractor, so much thereof as the Local public GCII-1 Agency or Public Body may consider* necessary to pay such laborers or mechanics the full amount of wages required by this-Contract. The amount so withheld may be disbursed by the Local Public Agency Or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on 'heir behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. 4. A1TTICIPATED COSTS OF IRTITGE BMEFITS If the Contractor does not make payments to a trustee or other third persont he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract: Provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a sepaxate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency or Public Body with the first payroll filed by the Contractor subsequent to receipt of the findings. 5. OVEMIME COMPEMSATION REQUIRED BY CONTRACT WORK HOURS LIM SAMY STANDJUMS ACT (76 Stat- 357-360: Title 4-0 U.S.C., Sections 327- 332) (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed'on such work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such work week, as the case may be. (b) Violation: liability for unpaid wages liquidated damages. In the event of any violation of the clause set forth in paxagraph (a), the Contractor and any subcontractor responsible therefor s1hall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated da-m-ages shall be co=puted with resDect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of $10 for each calendar day on which such employee was required or permitted", to work GCII-2 in excess of 8 hours or in excess of the standaxd workweek of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (a). (c) Withholding for liquidated deE,2E-es. The Local Public Agency or Public Body shall withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessaxy to satisfy any liabilities of such Contractor or subcontractor for liqui- dated.damages as provided in the clause set forth in paragraph (b). (d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 6. 'EMPLOMUNT OF APPRMITICES/TRA-UMS a. ADprentices will be permitted to work at less than the prede- termined rate for the work they performed when they axe em- ployed and individually registered in a bona fide apprentice- ship program registered with the U. S. Department of Labor, 11"lanpower Administration, Bureau of Apprenticeship and Training,, or with a State Apprenticeship Agency recognized by the Bureau, 4S or if a person is employed in M first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationazy employ-ment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classi- fication shall not be greater than the ratio permitted to the contractor as to his entire work force under the re,3istered program. Any employee listed on a payroll at aii ap rentice wage rate, who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or cther..:ise employed as stated above, shall be paid the wage rate dete=ined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to GCII-3 furnish to the contracting officef or a representative of the Wage-Hour Division of the U. S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination.- b. Trainees. Except as provided in 29 CFR 5-15 trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U. S. Department of Labor, Manpower Administration, Bureau of Appren- tice and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved pro- gram for his level of progress. Any-employee listed on the payroll at a trainee rate who is not regist-e-red and partici- pating in a training plan approved by the Bureau of Apprentice- ship and Training shall be paid not less than the wage rate determined by the Secretaxy of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish the contracting officer or a repre- sentative of the Wage-Hour Division of the U. S. Department of Labor written evidence of the 6ertificaition of his program*, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a train- ing program, the contractor will no longer be permitted to utilize trainees at less than the applicable -predetermined- rate for the work performed until an a6ceptable program is approved. c. Eaual EmDloyment OpDortu]nity. The utilizat-ion of apprentices, trainees and journeymen under this paxt shall be in conformity with the equal employment opportunity reTuflrements of Executive Order 11246, as amended, and 29 CFR Part '10. GCII-4 7. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 8. REGULATIONS PURSUANT TO SO-CALLED "ANTI-KICKBACK ACT" The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called 'Anti-Kickback Act" of June 13, 1934 (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874: and Title 40 U.S.C., Section 276c), and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors thereunder, except as'said Secretary of Labor may speci- fically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof. 9. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classi- fied or reclassified conformably to the wage determination by the Local Public Agency or Public Body, and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of the United States Department of Commerce, to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recom- mendation of the Local Public Agency or Public Body shall be referred, through the Secretary of the United States Department of Commerce, to the Secretary of Labor, for final determination. 10, F11INGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The Local Public Agency or Public Body shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of the United States Department of Commerce, to the Secretary of T"abor for determination. GCII-5 11. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in classifications, shall be posted at appropriate conspicuous points at the site of the work. 12, COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary, or other labor stan- dards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 13. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body for referral by the latter through the Secretary of the United States Department of Commerce, to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 14. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the appli- cation or interpretation of (a) the aforesaid Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provision of any other pertinent Federal statute, shall be referred, through the Local Public Agency or Public Body and the Secretary of the United States Department of Commerce, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract, 15. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be GCii-6 furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Public Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcontractors, it being under- stood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Con- tractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of 3 years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, his correct classification, rate of pay (including rates of con- tributions or costs anticipated of the types described in Section l(b)(2) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regula- tions,) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis-Bacon Act, the Contractor or subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anti- cipated or the actual cost incurred in providing such benefits. The Con- tractor and each subcontractor shall make his employment records with respect to persons employed by him upon the work covered by this Contract available to for inspection by authorized representatives of the Secretary of the United States Department of Commerce, the Local Public Agency or Public Body, and the United States Department of Labor. Such representatives shall be per- mitted to interview employees of the Contractor or of any subcontractor during working hours on the job. 16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. 17. INELIGIBLE SUBCONTRACTORS The Contractor shall not subcontract any part of the work covered by this contract or permit subcontracted work to be further subcontracted GCII-7 without the Local Public Agency's or Public Body's prior written approval of the subcontractor, The Local Public Agency or Public Body will not approve any subcontractor for work covered by this Contract who is at the time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor, or the Secretary of the United States Department of Commerce, to receive an award of such subcontract. 18. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are con- sistent with these Federal Labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring such insertion in any further subcontracts that may in turn be made. 19. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions, A breach of these Federal Labor Standards Provisions may also begrounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. GCii_8 I 16 MINIMUM'WAGE RATES FOR I LABORERS AND MECHANICS I See attached Notices for Wage Rates (bound at end of specifications). I I I I 1 16 I I I I I I I P GCII-9* 4 ~0 GENERAL CONDITIONS PART II ATTACHMENT ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED "ANTI-KICKBACK A~0qC~qT~" AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR TITLE 18. U.S.C., section 874 (Replaces section I of the Act of June 13. 1934 (48 St~at. 948, 40 U.S.C.~. sec. 276b) pursuant to the Act of June 25~, 194~q8, 62 S~tat. 862) KICKBACKS FROM PUBLIC-WORKS EMPLOYEES ~W ~h~u~rver~, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner wh~at~b~o- ever induces any person employed in the construction, prosecution. completion or repair of any public building, public work. or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the com- pensation to which he is entitled under ~his contract of employment, shall be fined not more than S5~,000 or imprisoned not more than rive years, or both. SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Slat. 948.62 Slat. ~862~, 63 Slat. 10~q8. 72 Slat. 967. 40 U~.S.C., sec. 276c) T~he Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction. prosecution, completion or repair of public buildings, public works or buildings or works financed in wh~b~le or in part by loans or grants from the ~qV~nit~ed Stairs, including a provision t~hat each contractor and subcontractor shall furnish we~ekly~.a statement with re~sp~t~ct t~(~, t~h~e wages paid each employee during the preceding week. Section 100~1 of Title 18 (United States Code) shall apply t~suc~l~i~st~a~tem~ent~s~, I --- ~x~x~x ... Pursuant to the aforesaid Anti-~Nic~k-~ba~ck Act, the ~S~e~cretary~o~f Labor. United St~at~esD~ep~artm~e~nt of Labor, ~has promul- gated t~he re~qp~la~ti~on.~, h~er~ein~a~ft~er~s~et forth, which regulations are found in Title 2~q@~, Subtitle A, Code of Federal ~R~r~gt~il~ati~ons. Part 3. ~T~he term "this part," as used i~n the regulations hereinafter ~s~et ~fo~. th~, refers t~o part ~q3 last above mentioned. Said reg~. u~la~ti~on~s ar~e a~s follows; TITLE 29 -LABOR Subtitle A - Office of the Secretary of Labor PART 3~-CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN %'HOLE OR IN PART BY LOANS OR GRANTS FROM T~l~iE UNITED STATES Section 3.1 Purpose and scope. Thi~,~4 Part prescribes "~a~n~ti-~kickb~ack~" regulations under s~e~cti~n~n 2 of the Act of June 13,1~9~3~4, ~a~@ ~a~inen~A~ed ~q(~U~) U.S.C. 276c~q)~, popularly known as lite Copeland Act. T~h~is part applies t~o~any contract which is ~t~iu~bj~ect to Frd~er~al ~wa~i~g~e standards a~n~d which is f~o~r the construction, prosecution, completion, c~i~v~@ repair of public buildings. public works or ~b~i~ti~ldin~g~% or work. financed in whole or in part by loans or "ants from t~he United States. The part i~s intended to ~ai~d in the ~enf~orc~em~t~-nt of the minimum wage provisions of lite ~P~a~v~i~.~@~R~acc~in Act and t~he various ~st~atu~v~i dealing with ~F~rd~e~ra~l~l~v~-~a~@~4i,~t~ed construction that contain similar minimum wage provisions, including those ~qp~qro~q%i~qsi~qon~qi which are not subject to Reorganization Plan No. 14 GCIIA-1 ~0 (e.g., the College ~I~lou~sin~g Act of 1950, the Federal Water Pollution Control Act, and the Housing Act ~o~f 1959), and in tile ~t~n~t~o~ic~e~ment of the over time provisions of the Contract Work ~l~lou~rsStan~(~l~ar~q6 Act whenever they area pp~lic~ab~le ~t~o~co~ns~tructi~on ~%o~tk. The pan details the obligation of contractors and subcontractors relative to the weekly s~u~bm~i~s~ei~c~in of statements regard- in~g the wages paid on work covered thereby; sets forth the circumstances and procedures ~r v~ern~in~g the making of payroll d~e- ~g~o ~du~ct~ions from the wages of those employed on such work, and d~-~elin~eat~e~s the methods of payment permissible on such work. Section 3.2 Definitions. As used in the regulations in this part: (a) The terms "building" or "work" generally include construction 2Cti~V~i~t~V a.~5 distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings. structures, and improvements of all types, such a~s bridges, dams, plants, highways, parkways. streets, subways, tunnels, sewer.% mains, power. lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways. lighthouses, buoys. jetties, breakwaters, levees, and canals~. dredging~. shoring~, scaffolding. drilling, blasting, excavating, clearing, ~a~nd landscaping. Un~l~e~w conducted in connection with a~nd at the rite of such a ~qbuildin- or work a~j is described in the fo~r~e~qpi~ng sentence, the Manufacture or furnish. i~n~, of materials, articles, supplies. or equipment (whether or not a Federal or ~qS~ut~e agency acquires title to such materials, articles, supplies, or equipment during the course of the m~anuf~ac~t~are or furnishing, or owns the materials from which they are ma~nufact~or~ed or furnished) i~s not a "building" or "work" within the meaning of the regulations in this part. ~V (b) The terms "construction," "prosecution," "completion," or "repair- mean all types of work done on a particular building or work at the site thereof. including. without limitation, a~lter~in ~g~, r~ern ode ling, p~a~int~i~r~ig and decorating, the transport. ~0 in~g of materials and ~3uppli~,~:s to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials. articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor, (c) The terms "public building" or "public work" include building or work ~'~qr whose construction, prosecution, com- ~p~l~p~tion, or repair, as defined above, a Federal agency is a contracting party, r~e~ga~r~d~I~c~s~s of whether title thereof is in a Federal ~a~g~e~o~c~y. (~d) ~The term "~buil~c~lin~g or work fi~n~ance~ql in whole or i~n pail by lo~a~v~a o. ~r~ants from the U~t~t~it~ed States- includes build- in- or work for whose construction, prosecution. completion, or repair. as defined above. payment or part pay~m~,~!nt is made di~qr~qe~@ct~l~y or indirectly fr~o~in funds provided f~ly loans or grants by a Federal ~q~e~n~cy. Tile term does not include building or work fur which Federal assistance i~% limited solely t~o loan guarantees or in~s~w~inc~e~. (~e~q) Every person paid by a contractor or subcontractor in any m~a~t~in~tr for ~M~3 labor in tile construction, prosecution. completion, or repair of a public building or public work or ~buildin~'g or work financed in whole or in part by loans or grants from t~he United States i~q "employed" and receiving "wages," reg~a~rd~le~s~i of any contractual relationship alleged to ~cXi~SL between him a~i~ld the real employer. (f) The term "any affiliated per-on" includes a spouse, child, parent, ~c~,~. other close relative of tile contractor ~or sub- contractor; a partner or officer of tile contractor or subcontractor. a cor~por~a~6on closely connected with the contractor or subcontractor as parent, subsidiary or otherwise~. a~nd an officer or agent of such corporation. (~g) Th~e term "Federal agency" me~a~n~s~th~e United States, the District of Columbia, and all e~x~c~cu~t~i~ve departments, in- dependent establishments, ad~i~nin~k~trative agencies, and in~s~qt~rum~entaliti~e~.~,~o~qfth~@ I nit~ed ~qS~tat~e~-~san~rl of the District ofC~o~lum~bi~a, including corporation-~., all or substantially all of the stock of which is b~rn~e~fir~;~2~1~!~V owned by the United States, by the District of Columbia, or any of tile foregoing departments, establishments, agencies. and instrumentalities. Section 3.3 Weekly statement with respect to payment of wages. (a) As ~o~s~ed i~n ~t~N~% section, the term "employee" shall not apply to ~f~i~@~r~q%~n~s in c~l~a~s~sifica ~t~ions higher than that of laborer or mechanic will those who are Ole immediate supervisors (if such employees. GCIIA~q-2 ~0 ~V (~b) ~qK~i~r~l~i c~u~i~ttr~a~c~tor or subcontractor ~c~o~g~a~g~c~4l i~n I I it! construct ion. pr~o~@~e~c~l It ~i~o~n~, completion~. or repair of arty ~I~'~l~l I -I ~i~c b~oi~ldi~o~g ~o~r ~p~u~ldi~c work. ~or ~buildi~t~m or ~%~,~or~k financed i~n whole or i~t~% I-art I.% ~l~u~a~i~i~i or ~g~i~nt~.~; f~r~o~i~n ~i~l~l~(~- ~I~'~l~li~t~e~d States~, ~A~l~a~ll f~o~r~ni~A~l C~aC~I~I ~%ce~l~, 2 ~AJ~I~V~I~T~I~CH~t ~%~i~t~I~qv~r~V~,~J~)~c~c~l to tile ~w~a~C~,~4 paid c~a~c~h of it., ~v~l~i~s~p~l~u~%~r~c~s ~t~::~i~,~-~;~i~g~cd ~o~i~l ~u~or~L ~e~u~v~c~r~c~d~'~l~.~% ~2~'~) ~C~I~A~Z Parts 3 ~a~nd ~5 d~i~s~r~i~t~i~g the pr~er~edi~n~g w~c~ek~l~y ~l~v~a~@ roll period. Thi.-~; ~st~a~t~u~n~w~i~t~t hall ~l~i~e ~c~%~,~-~c~nt~,~-d h~y tire contractor ~c~q;r ~-~t~i~br~o~n~. tractor or by an ~a~n~a~iu~ri~z~e~a officer or ~c~o~i~l~i~l~o~y~c~e of live r~u~ntr~actor air ~@ul~r~v~o~t~i~tr~j~t~:~t~or who ~r~i~l~ip~erv~i,c~.~4 lite pa~@ ~rw~-~nt ~o~r ~u~a~,~7~e.~4, avid 6l~i~all l~i~r on f~ur~n~i W~i~l 3 ~M. "~St~a~t~e~n~o~rnt of C~o~n~s~p~li~a~nc~c~", or o~i~l jet ~i~t~ic~t~i~li~c~a~l ~1~,~,rn~i ~c~an tire hick of ~U'll 3 17. ~'~T~a~% roll ~q(~I~:~t~,r ~(~*~o~i~l~. tractors ~qOp~t~qio~i~t~a~l ~qV~s~e)~'~* or oi~l a~ny form ~will~i identical wording. Simple c~o~l~-~i~c~s of W~i~l 347 ~an~qd Wit 3 111 ~in~a~y ~b~e ~o~b~t~a~i~n~.~-~d front tire Go~qwr~i~o~nc~i~t~t contracting or ~s~l~io~n~so~r~i~n~g a~g~en~r~y. a~nd colpi~c~s of ~l~i~l~e~e ~q[~(~arm: relay lie pur~cha~b~c~d at ~qd~ic Gu%crn~z~8qa~nt ~P~ri~t~it~i~r~g Office. (c) ~qT~h~e requirements (if this section ~Fl~i~all taut ~a~p~p~l~v to any contract of ~qS2~.~000 or ~l~e~v~i~s. (d) Upon a written finding t~ry Lite head of a ~I~ed~er~al agency, tire ~S~ecrct~ary of Labor may ~1~.ro~v~id~e. r~ei~i-~o~r~ta~b~i~r limitations~, variations~, ~l~o~l~er~a~t~ic~r~s~, ~a~nd ~e~xr~u~ipti~ons from ~t~h~e r~e~(~I~nir~e~n~icn~i~k~e of ~ll~ei~@ ~s~ect~i~c~a~j~o ~su~l~ij~e~ct to ~s~o~ch conditi~o~w~; a., ~t~qhe ~Sc~cr~,~-tary of Labor ~m~ay ~spccif~y. 129 F.R. 9~5. Jan. ~4. 1964. a. ~ar~v~i~c~t~i~d~ed at 33 F.~R. 101116, July 1~7, 196~1~1~q1 Section 3.4 Submission of weekly statements and t~he preservation a~nd inspection ~qor weekly payroll records. (a) ~qFac~l~s w~e~r~k~ly ~@ta~l~c~i~n~cnt required un~qdcr � 3.3 ~bl~a~ill ~l~i~e. ~d~c~li~%~rrcd ~1~)~% tire contractor or ~su~bc~o~i~ar~a~c~tor, wi~t~l~ii~n~!~@~c~vrn days after ~t~h~e ~r~r~g~a~l~ar p~i~y~n~irnt date of t~h~e pa~@ roll ~l~a~cr~it~id~, to a r~el~vr~c~@~r~n~l~a~t~i~v~c ~of a Federal ~or State ~a~g~en~c~.~% in charge at Olt. site of live: ~b~oild~i~m~, or work. or. if ~t~1~s~cre is no ~r~e~l~a~"~C~i~i~i~a~liv~e of a F~u~d~-~-r~s~t~l or State ~a~g~r~o~cy at lite zit~e of tire Imi~ldi~n~g ~or ~%~v~ork~. t~h~e ~s~l~at~en~t~en~t shall ~l~i~e ~i~t~t~a~il~ed by tire contractor or s~ol~ic~o~nt~r~oc~t~or, ~ui~d~ti~n ~s~m It ~O~n~ir, to ~a~'~qV~ed~er~il or Slate ~qq~u~C~t~i~c~y ~c~u~ntr~a~l-~l~i~n~g for or ~fi~n~a~s~i~t~-ir~,~; ~i~l~l~(~- ~h~a~tildi~n~g ~or work. After such examination ~a~nd c~h~e~rk ~x~@ may ~I~,c made, ~s~u~r~b ~sta~t~i~-~m~ent~, ~c~ar a c~.~,p~@ ~t~h~rr~,~,n~a~f, shall l~i~e kept or hall lie ~tr~an~s~i~ni~ft~e~d ~l~o~g~r~e~l~l~i~cr with a r~el~port ~o~fa~ny ~vi~t~i~l~i~ti~o~n, i~n accordance ~wi~l~l~i ~a~l~op~li~va~q[~v~i~c pru~c~ed~or~c~i~i pr~e~icri~b~cd by tire ~U~ni~tcd States D~ep~art~in~c~ot ~o~qf Labor. (~b) Each contractor or subcontractor shall pr~e~wr~t~-~e l~ais weekly p~a~@ roll rec~nr~d.~4 f~i~s~, a ~l~i~erio~d of t~hr~#:~,~@ ~%~T~a~.~, f~r~i~an~s ~4~4~.~j~f~r of ~C~o~l~i~l~l~-~b~-~L~i~o~l~q:~of (fit contract. The payroll record., shall ~s~ct out ~ac~c~o~r~.~q"~t~e~l~y ~a~i~l~d ~C~o~l~o~r~i~l~.~4~0~%~. tire ~n~a~i~n~e and ~addr~.-.~4 ~o~f~c~ac~h ~h~b~orrr and mechanic, ~hi~@ ~c~or~m~c~t r~qla~@~.~Aif~i~cati~or~v~, rate ~of pay, daily a~nd ~u~c~r~k~l~% m~im~l~-~cr of hours ~%~%~urkrd~, d~ed~u~cti~m~i~'~@ n~i~ad~e~, ;trial ~act~o~al wages paid. ~qS~ocl~s payroll records ~4~t~a~ll ~b~e~n~i~z~id~qi ~a~%~J~i~13~I~1~I~V ~at all ti~n~i~c~s for i~n~4~l~. ~'c~l~i~o~n by thc contracting officer ~or ~I~i~i~i ~a~o~tl~iori~z~e~d ~r~el~-r~rs~en~t~ativ~e, a~n~qd ~l~ay ~i~lith~oriz~rd ~r~epr~e~.~%~c~ota~ti~qw~, ~of ~d~ic Department of Labor. Section IS Payroll deductions permissible without application to or approval of th~e Secretary of Labor. D~ed~t~icti~o~ns made tender tire circumstances or i~n ~t~h~e situations d~e~s~cri~bcd in t~he paragraphs of ~Ih~i~s ~s~ectio~l~l may l~i~e ~I~n~a~t~l~e without a~l~ip~l~ic~a~t~i~u~l~l to and approval of tile S~e~er~r~ia~r~y of Labor: (a) Arty deduction made i~n compliance with tire r~e-q~uir~c~inc~t~it~s of ~qS~t~a~tc~. or local law, ~st~i~ch as ~F~ed~cr~al or State ~wi~l~l~i~l~i~o~lding income t~a\~e~s a~n~d l~7cd~er~al social ~sccurit~y taxes. ~q(~b~q) A~i~ly deduction of ~6~1~1~1~1~1~i p~r~c~i~i~i~u~qw~l~y paid to tire ~cn~ip~lo~y~e~v as a ~I~s~u~i~ta fide p~r~q~l~a~@ ~o~i~rn~t of w~a~g~e~@ ~w~l~:~r~t~t ~su~c~l~i ~pr~c~p~a~@ ~i~t~i~c~t~i~t is ~o~wd~e wi~l~l~i~n~t~i~l ~(~q6~c~o~u~nt ~a~ir i~ntrr~e~s~t. A "~h~ona fid~t~- ~i~sr~up~ay~in~e~nt of ~%~$~-~A~g~p~s" ~I~- ~r~o~l~t~@~id~r~r~c~i~l to ~I~l~i~k~e ~l~i~c~e~l~l n~i~a~l~l~e ~c~a~u~l~% ~u~I~l~e~n ~(~a~A~l air it., ~C~(~l~o~i~t~-~a~l~u~n~t ~ha~@ been ~ad~'~a~l~l~f~-~ed to lite ~I~'~c~r~-~o~n ~e~mp~l~oy~r~i~l in ski, I~t ~mam~irr a; to ~pi~%~c ~l~e~i~in c~u~in~l~i~lctc frccdom of of ~ll~i~t~. advanced f~u~t~i~d~i. (~r) At%% dt~-~du~r~ti~u~i~, ~of ~amou~i~a, by ~r~o~urt process to ~l~i~e I~-~Ad I ~, another~. ~t~I~t~c~0~cd~u~L~l~i~u~t~i i~@ i~i~i ~f~a~@~or of lite contractor, ~s~t~i~l~w~u~j~itr~a~t tire ~c~ar ~o~i~l~% affili~at~i~-~d p~er~.~;m~i, ~or %hen c~c~.~A~lu~zio~n or ~I o~li~a~b~o~rat~io~i~t ~v:~\~k~l~s. -ION ~4~1 GCIIA-3 ~0 (d~q) Any deduction constituting a contribution on behalf of the person employed to funds ~est~sbli~s~h~ed by the employer or representatives of employees. or both. for tile pr~o pose of providing either f~om principal or income. or both, medical or hospital care, pensions or annuities on retirement, death benefits~, compensation for injuries, illness, Accidents, sickness, or di~-~-~ability~, or for i~m~iura~nc~e to provide Any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for t~h~e benefit of employees. their families and dependents: Provided, however, That the following standards ore met: ( 1) The. d~ed~t~icti~on is not ~ot~qherwi~ge prohi~bi~v~i~l by law; (2) it is either: (i) Voluntarily consented to by the employee in writing a~nd in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or ~q(ii~q) provided for in a bons ride collective bargaining agreement be- tween the contractor or subcontractor and representatives of it~s employees; ~q(3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or otherwise, a~nd ~q(4~q) the deductions shall serve the convenience and interest of the employee. (~e) A~ny deduction contributing toward the p~nrcha~4e of United States Defense Stamps ~And Bonds when voluntarily authorized by the employee. (f) Any deduction requested by th~e ~emp~l~o~*e~r to enable him to repay loans to or to purchase shares in credit unions ~org~g ~aniz~ed and operated in accordance with Federal and State credit union statutes. (a) Any deduction voluntarily authorized by the employee for tile making of contributions to governmental or quasi- governmental agencies, such as th~e American Red Cross. (h~q) Any deduction voluntarily 211~1th~o~rized by the ~r~inp ~lo~)ee for the making of contributions to Community Chests, United Giv~r~r~, Funds, a~nd si~ntiliar charitable organizations. (i) A~ny ~qd~rd~n~cti~on~s to pay regular union initiation fees and ~inemb~er~ship dues, not including fines or special Assessments: Provided~, h~o~u~-~c~r~er, That a collective bargaining agreement between ~th~e contractor or subcontractor and representatives of its ~c~i~np~l~o~v~er~s provides f~or~s~o~ch d~ed~i~i~etion~s a~n~d tile deduction.~- are not otherwise prohibited by law. ~q0) Any d~educ~ti~c~m ~not more than for ~t~he ~"~I'~qM~-~O~n~a~i~l~l~e ~C~Obt~"~of board, lo~d~;in~g. or other facilities in~e~ctin~r t~he require. ~ n~ent, of ~r~c~t~i~o~n 3~q(m~q) of tile Fair Labor Standard~, Act ~6f 1~93~8~, a~s ~j~o~i~c~n~i~l~ed, and Part 531 of this title. When such a deduction ~44;52qa~d~r tile additional records r~e~-~s~l~i~4r~ed under � ~5 16.27 (a) or t~bi~s title. %hall be k~t.~-p~t. Section ~4q16 Payroll deduction, permissible with Ile approval o~qf the ~qle"~Tet~ary (If Labor* A~ny ~con~tra~c~t~.~o~r or subcontractor ~ma~y apply to the ~S~ecr~r~iary or Labor f~t~ir permission to make any deduction not per- mit~i~rd ~i~i~nd~er � 3.5. ~'~f~i~t~(~. Secretary ~i~nay ~ir~a~nt p~rrmi~@~s~i~o~n whenever Ile fin&- that: (a) T~h~e contractor. subcontractor. or a~l~l~%~. affiliated person d~o~s ~not m~a~k~, a profit or benefit directly or indirectly from tile drduct~K~'~)~n either in t~he f~or~n~o of a ~c~o~mmi~c~tion~, dividend, or otherwise. (h) Tile deduction is not otherwise prohibited bv law; (~c) T~h~e d~ed~t~i~c~ti~o~n i~5 either (~1) v~o~lu~nt~aril~% consented to by t~he employ" i~n ~ur~itin~, and in advance of t~he period in which tile ~%,~ork is ~i~t~) be ~(~]~o~n~e and such consent is not a condition either for tile ~obt~ai~i~-in~g of ~emp~l~o~y~in~e~nt or it~s ~contin~nan~c~e, or (2) provided for i~n ~a Ilona ride c~t~ill~ec~tiv~e bargaining agreement between the ~c~o~t~itr~a-~tor or subcontractor and representatives ofi~L~t ~c ~i~np~lo~) ~r~e~s; and (d) Thc d~t~-d~u~ctio~n ~-~er~v~e~s tile c~o~qm~rni~en~ce a~n~d i~nt~rre~s~t of t~he ~em~p~l~o~) ~r~e. ~'~0~0~"~, GC I IA~q-4 ~0 Section 3.7 Applications for (lie approval of (lie Sccrct~i~ry ~ot ~qL~-~i~bor. Ally 2~P~I~)~IiC~i~l~t~;~O~l~l for th~e making of payroll ~d~o~l~t~ic~li~o~ns tinder ~q� 3.6~d~.~-~-~1~1 comply with file r~v~qt~j~r~t~-~n~1c~1~s~t~@ ~prt~:~@~c~f~i~l~t~s~-d i's [it, following paragraphs of ~thi~t section: (a) The application shall he in ~wri~t~i~og ~a~i.~d shall ~b~e addressed to the ~F~i-~c~re~t~ary of Labor. (~h) T~h~c~applic~a~lion -hall ~i~d~e~otif~y t~h~e contract ~o~r c~o~n~trac~t~i~; ~t~o~ul~er ~%~.~h~;r~l~, lite work- i~t~s question is to l~ir performed~. Per- mission will be ~4~rive~n for d~edu~ction~s~o~nly on specific, id~er~itifi~ed contract.,, ~e~N~c~ept upon a ~sh~owi~t~i~g of ~e~xc~ep~ti~o~n~i~l c~ir~c~u~m~s~t~a~o~c~u~s~. ~C (c) T~h~e application shall state affirmatively that there is co~mp~li~a~n~c~r ~u i~th ~t~i~tc~l~it~a~i~t~t~l~ar~t~f~s ~-~;~e~qf ~[o~tth i~n t~h~e pro~vi~s~i~o~n~.~4 of � 3.6. The affirmation shall b~e accompanied by a full statement of lite ~qf~a~ets i~r,~dic~a~t~i~n~g such ~com~p~li~in~c~e~. (d) The application shall include a d~es~criptio~i~s of lite prop~o~@~ed d~v~il~l~i~t Li~O~l~l, lite purp~o.~,~c to ~I~sr~s~er~v~ed thereby~. ~s~u~ld the classes of ~l~qZor~er~s or ~tu~rc~ha~nics from whose wa~gc~s ~t~h~e proposed deduction -~.~suld be made. . (~e) The application -hall ~m~atc ~t~h~e ~i~i~am~e and of any third p~er.~@~c~s~o to whom any ft~u~id~s obtained front lite pro. posed d~eductic~t~os~ar~e to he transmitted a~nd ~t~qh~e aff~ali~ati~o~i~i ~o~(~su~r~l~s ~p~er~s~c~or~s, if -~i~ty, with lite applicant. Section 3.8 Action by t~qhe Secretary of Labor upon ~app~qlic~i~ti~u~n~s. The Secretary of Labor !hall decide whether or ~not t~h~e requested d~t~-d t~ic~tion i~s permissible ~n~n~qdcr pro~%i~i~u~l~%~4 of ~q� 3.6; and shall notify the a~,~,p~lic~ant i~s~, writing of hi~l dc~i~sion. Section 3.9 Prohibited payroll deductions. ~qDc~duc~t~io~os not ~c~l~s~ew~l~icr~e provided for by t~his l~o~art a~nd which art: ~m~i~t ~f~e~m~o~d to be p~cn~oi-i~bl~e under � 3.6 arc pro~hi~bi~t.-~J. Section 3. 10 Methods of payment of wages. The p~a~) ~m~ent of w~j~g~@~.s ~sl~i~al~l be ~by~'~c~a~sh, ~n~e~got~ta~qbl~e instruments ~p~a~@ ~a~b!~@ on demand, or lite additional fu~n~w~4 of ~c~u~i~o~l~o~c~n.~-~a~- tion for which deductions arc p~ermi~s~b~i~bl~e ~t~i~od~er ~t~h~is Isar[. No ot~b~er ~i~j~o~-~t~h~u~,~!~a of ~1~-~.~ty~i~n~e~r~t~t shall be recognized kill work ~s~o~bj~ec~t to lite ~Co~l~s~e~la~nd Act. Section 3.11 Regulations part of contract. All co~ntr~a~rts made with respect to t~he c~o~o~5truction, ~pr~o~s~e~v~oti~on~, or repair of ~2~oy public ~b~i~ji~ld~i~o~g or p~u~l~di~c work or building or work financed i~t~s % hole or i~t~s part by lo~a~o~, or ~gra~ot~s from ~d~i~v United ~S~t~a~l~t~-~r covered ~b~) ~O~w r~qqu~L~itio~tt~s ~i~t~s this part sisal[ c~x~l~jr~c~s~q~l~) bi~od ~t~he contractor or ~s~ub~co~i~dr~art~or to comply ~wi~d~; ~@ud~i of lite rc~g~u~l~otio~n~s i~t~i this p~e~x~t as may ~b~r a~l~l- plic~a~bl~e. In this regard, se~e 5.5 (a) of ~t~his subtitle. GCIIA~q-5* NON-DISCRIMINATION & EQUAL OPPORTUNITY REQUIREMENTS A. Commonwealth of Pennsylvania Requi.rements 1. Contractor shall not discriminate against. any employee, applicant for employment, independent contractor or any other person because of race, color, religious creed, ancestry, national origin, age or sex. Contractor shall take affirmative action to ensure that applicants are employed, and that employees or agents are treated during employ- ment, without regard to their race, color, religious creed, ancestry, national origin, age or sex. Such affirmative action shall include, but is not limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or ter- mination; rates of pay or other forms of compensation; and selction for training. Conti-actor shall post in conspicuous places, available to employees, agents, applicants for employment and other persons, a notice to be provided by the contracting agency setting forth the provisions of this non-discrimination clause. 2. Contractor shall in advertisements or requests for employment placed by it or on its bohalf state all qualified applicants will receive consideration for employinent without regard to race, color, religious creed, ancestry, national origin, age or sex. 3. Contractor shall send each labor union or workers' representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' repre- sentative of its commitment to this non-discrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by Contractor. 4. It shall be no defense to a finding of noncompliance wifh the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission or this non-discrimination clause that Contractor had delegated some of its employment practices to any union, training program or other source of recruitment which prevents it from meeting its obligations. However, if the evidence indicates that the Contractor was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions. 5. Where the practices of a union or of any training program or other source of reEruitment will result in the exclusion of minority group persons, so that Contractor will be unable to meet its obligation 's under the Contract Compliance Regulations issued by the Pennsylvania Human Relations.Commission, or this non-discrimination clause, Contractor shall then employ and fill vacancies through other non- discriminatory employment procedures. ND-l 6. Contractor*shall comply with the Contract Compliance Regulations of the Pennsylvania Human Relations Commission, 16 Pa. Code Chapter 49 and with all law's prohibiting discrimination in hiring or employment opportunities. In the event of Contractor's noncompliance with the- non-discrimination clause of this contract or with any such laws, this contract may, after hearing and adjudication, be terminated or suspended, in whole or in part, and Contractor may be declared temporarily ineligible for furthe 'r Commonwealth contracts, and such other sanctions may be imposed and remedies invoked as provided by the Contract Compliance Regulations. 7. Contractor shall furnish all necessary employment documen ts and records to, and permit access to its books, records and a6counts by the @ontracting agency and the Human Relations Commission, for purposes of investigation to ascertain compliance with the provisions of the Contract Compliance Regulations, pursuant to � 49.35 of these Reg- ulations. If Contractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the contracting agency or the Commission. 8. Contractor shall actively recruit minority subcontractors or sub- contractors with substantial minority representation among their employees. 9. Contractor shall include the provisions of this non-discrimination clause in every subcontract, so that such provisions will be Dinding upon each subcontractor. 10. The ternis used in this non-discrimination clause shall have the same meaning as in the Contract Compliance Regulations issued by the Pennsylvania Human Relations Commission, 16 Pa. Code Chapter 49. 11. Contractor obligations under this clause are liminted to the Contrac- tor's facilities within Pennsylvania, or, where the contract is for purchase of goods manufactured outside of Pennsylvania, the facilities at which such goods are actually produced. B. Federal Government Requirements During the perforinance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, up- grading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. ND-2 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of the Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice. in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevent orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of inves tigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the Contractor's noncompliance with the non-discrimina- tion clauses of this con-tract or with any of SLIch rules, regulations, or orders, this contract may be cancelled, or terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of the Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any sub- contractor or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompli- ance: Provided, however, that in the event the Contractor becomes involved in,-or is' threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to-protect the interests of the United States. ND-3* FEDERAL CONTRACT COMPLIANCE REGULATIONS Equal Employment Opportunity NOTE: For this section of the Contract, obtain current Federal Labor Standards Provisions and Federal Contract Compliance Regulations from the appropriate State Liason Office for the Federal grantor. Further infor- mation on contract compliance requirements for this contract can be obtained from Mr. Harold Nelson, Director, Contract Compliance Division, Pennsylvania Human Relations Commission, 100 North Cameron Street, 2nd Floor, Harrisburg, PA 17101. The PHRC will be the cognizant agency for administering the CCP provisions of this contract. FR-1 ~0 ATTACHMENTS TO GENERAL TERMS AND CONDITIONS STANDARD FEDERAL EQUAL it has employees in the covered area. The Contractor a. Develop on-the-job training opportunities EMPLOYMENT OPPORT~UN~I~'1~7Y i~s exp~e~-~-ted to make substantially uniform progress ~a~nd~for participate in training programs for the area CONSTRUCTION CONTRACT toward its goals in e~sch craft during the period which expressly include minorities and "man. SPECIFICATIONS (EXECUTIVE ORDER specified. including upgrading programs and apprenticeship 1124~6~) ~5. Neither the previsions of any collective and trainee programs relevant to the C~on~tr~act~o~e~m 1. As used in these specifications. bargaining agreement, nor the failure by a union employment needs, espec~i~allyth~o~s~e pro~gr~am~s~f~u~nd~ed a. "Covered area" means the geographical area with whom the Co~r~tractor hail a collective or approved by the Department of Labor. T~h~o bargaining agreement. to refer either minorities or Contractor shall provide notice ~4~S theme program to described in the solicitation from which thi~sc~o~ntract the sources compiled under 7~b above. resulted. women shall excuse the Contr~actoe~s obligations f. Disseminate the Contractor's EEO policy by ~b~. "Di~r~e~.~.~-to~r~* means Director of Federal Contract under these specification& E~xecu~tiv~e~O~rder 11246, or providing not ice of the policy to unions and tr~aini~n~i~? Compliance Programs. United States Department of the re~ir~il~a~ti~on~3 promu~l~g~ate~i~qi~! pursuant thereto. programs and requesting their cooperation i~r Labor. or any person to whom th~e Director delegates 6. In order for the nonworking training hours Of assisting the Contractor in meeting i~t~s EEO ~60q' ~Lh~ority; apprentices ~and t~r~a inee~3 to be counted in meeting the obligations; by including in it any policy manual arid c. ~"Emp~i~oyer identification number" means th~e goals. such apprentices and trainees must be collective bargaining ~a~g~r~e~ement;by publicizing it in ~;60q'~ued~er~al Social Security number used on the employed by the Contractor during the training the company newspaper, annual report. etc.. by Employer's Quarterly Federal Tax Return. U.S. period. and the Contractor Must have made a specific review of :he policy with All Ma~nLg~em~en~t Treasury Department Form 941. commitment to employ the apprentices a~nd trainees personnel and with all minority and female d~. "Minority" includes: at the completion of their training, subject to the employees at least once a year; and by posting the ~4i~) Bl~ecl, (all persons having origins ~i~n any ofth~e ~avai~ta~l-ility or employment opportunities. Trainees company EEO policy onbu~qlleti~n boards accessible ~t~a~ Black African racial groups not of Hispanic ~O~,~i~gi~n~)~; must be trained pursuant to training programs all employees at each location where construction ~6~0 Hispanic tall persons of M~exic~on, Puerto ~approv~a~d by the U.S. ~Depa~qd~m~en~t of Labor. work is performed. Rican, Cuban. Central or South American ~qw other 7. The Contractor shall bike specific Affirmative g. Review. at least anu~ally. the company's EEG Spanish Culture or origin. regardless of race); actions t~o ensure equ~e~.1 employment opportunity, policy and affirmative action obligations under these, ~Gii~) Asian ~and Pacific 1~91 ~ander (all persons *.Inv in~g The evaluation of the Contr~a~ctoe~s compliance with specifications with all employees having any origins in any of the original peoples of the ~F~ar East. these specifications shall be based upon its e~l~T~art to responsibility for hiring. assignment. layoff. Southeast Asia, the Indian Subcontinent. or the achieve maximum results from its actions. The termination or other employment decisions, Pacific ~I~sla~nds~t~. and Contractor shall docu~l~nent these efforts fully. and including specific review of then items with ~o~n~s~i~t~e ~4~iv~) American Indian or Alaskan Native (all shall Implement affirmative action steps at least as supervisory personnel such ~03 Superintendents. persons having origins in any ofthe original peoples extensive as the following: General Foremen. etc.. prior to the initiation of' ~ofNorth America and maintaining identifiable tribal a. Ensure and maintain a working environment construction work at any job site. A written record affiliations through m~emb~e~r~ship~and participation or free of~l~iara~s~sment. intimidation. and coercion at all shall be made and maintained identifying the time community identification). sites, and in all facilities at which the Contractor's and place of these meetings. persons attending. 2. Whenever the Contractor, or any Subcontractor employees are assigned to work. The Contractor, subject matter discussed. and disposition of the at a~ny tier, subcontracts a portion of the work where Possible~, will assign two or more women to subject matter. involving any construction trade. it shall physically each construction project. The Contractor ~sh~ull h. Disseminate the Contractor's EEO policy include in each subcontract in excess of ~$~30~.~000 the specifically ensure that all foremen, externally by including it in any advertising in the provisions or these specifications and the Notice superintendents. and other on-site supervisory news media, specifically including minority and which contains ~th~e applicable goals for minority and personnel are~aw~are orand carryou~t th~eContrac~t~or~'~s remote news media. and providing written female participation and which is s~e~t forth in the obligation to maintain such a working environment, notification to and discussing the Contr~acto~e~s EEO solicitations from which this contract resulted. with specific attention to minority or female policy with other Contractors and Subcontractors 3. If the Contractor is participating (pursuant to individuals working at such ~site~s~ur in such f~acil iti~es. with whom t~he Contractor does or anticipates doing 41 CF~R 60~-4.51 in a Hometown Plan approved by t~he b. Establish ~a~nd maintain a current list or business. U.S. Department of Labor in the covered area all tier minority and female recruitment sources, provide ~I. Direct its recruitment efforts, both oral and individually or through an association. its written notification to minority and female written, to minority. female and community ~off~ir~mativ~e action obligations on all work in the Plan recruitment sources and to community organizations organizations, to schools with minority and female area (including goals and timetable~s~t shall be in when ~t~he Contractor or its unions have employment students and t~o m~mori~t~y and female recruitment and accordance with that Plan for those trades which opportunities available and maintain a record ofthe training ~ar~g~ani~z~a:~t~o~ns serving the C~ontracto~e~s have unions participating in the Plan Contractors organizations' responses. recruitment area and employment needs. Not later must be able t~u d~e~n~ionstr~ate their participation in ~c. Maintain a current file of the names, addresses than one month pri~ar to the date for the acceptance of and compliance with the provisions Of ~any such and telephone numbers ofe~ach min~ority~and female applications for apprenticeship or other training by Hometown Plan. Each Contractor or Subcontractor off-~the-~street applicant and minority or fernale any recruitment source. the Contractor shall send participating in an approved Plan is individually r~ererr~al from a union. a recruitment source or written notification to organizations such or. the required ~w comply with its obligations under the community organization and of what action was above. describing the openings, screening EE~O~c~l~au~s~e.~and to make a good faith eff~ortto achieve taken with respect to each such individual. If such procedures. and testa to be used in the selection each goal under the Plan in each trade which it has individual was sent Eli th~e union hiring hall for Process. employees. The overall good faith performance by referral and wa~s not ~r~e~f~'~-:rr~ed back to t~he Con~tr~a~ct~i~,r j~. Encourage present minority and female other Contractors or Subcontractors toward a goal in by the union .r~, if referred. not employed by t~he employee., to recruit other minority persons ~and an ~uppr~o~v~ed Plan does not excuse any covered Cun~tr~a~ct~or~. this shall be documented in the file with women unit, where reasonable, provide after ~scho~-~J~. Contr~acu~ir~*s or Subcontractor's failure to Lake grind the rea~b~on therefor. ~s~lo~n~g with whatever additional sunin~ier and ~v~a~cat~;~on employment to minority and faith ~qe~qf~qfor~qL~qs to ~qa~qchie~qvethe Plan ~qg~qo~qa~ql~qsa~qn~qd timetables. Actions the Contractor may h~qi~qs~q%e taken. female youth both on the site and in other areas o~qfa ~q4 T~qhe Contractor shall implement the ~qr~q-pecif~qic ~qi~qt. Pr~q-~qi~qv~qide ~qim~qi~qn~qe~qdiat~qe written notification to Elie Contractor~q's workforce. ~qaff~qi~q.~qr~qm~qat~qi~qv~qeu~qct~qion standards provided in paragraphs Director when the un~qi~qo~q-~qi or unions with which the k. Validate all tests and other selection 7~qa through p of these ~qspec~qificati~qan~qs. ~qT~qhe goals ~qset Contractor has it collective bargaining agreement requ~qirem~qen~qi~qt~qt~qi where there is an obligation to do so forth in the solicitation frorn which this c~qant~qi~qact hub ~qnot referred to ~qth~qe~qC~qo~qin~qtr~qa~qc~qL~qor a minority ~ql~qi~qers~qon under 41 C~qF~ql~qt Part ~q60~q-3. ~q@ re~qs~qi~qd ~qle~qd are expressed as percentages or t~qhe total ~qor woman sent by t~qhe Contractor. or when the 1. Conduct at least annually. an inventory and hours of employment and training ~qm~qi~qt~qi~qor~qity and Contractor ~qhas other mform~qati~qan that the union evaluation at least of all minority and female female utilization file Contractor Should r~qea~qsor d~qil~qy referral process has im~q;~qwde~qd ~qth~qr Co~8qmr~qact~qar~q*s eff~qu~8qm~qs p~qr~qi-~qs~qonn~qel for promotional opportunities and be able to achieve in each construction trade in w~ql ~qch to n~ql~qe~qet its obligations. ~qe~qi~qt~qc~qour~qd~qge, these employees t~qo seek or to prepare for. ~0 t It r~o~u~g ~1. as ~1~. ~1~.~1~1~, ~1~, ~r I ~i~t ~i~s~! ~t ~r a I is a ~n ~g. etc.. ~bu~c~i~l ~f~m~k~l~s tit call ~l~y out such sanctions Haiti ~I~l~l~e~f~l~a~i~t~l~e~s shall ~C~.0~"~@~T~i~qW~.~-~I~'~S ~su~i~L~i~E~c~T TO ~LX~FC~L~IT~I~VE c~app~ort~o~lu~t-~. twin v~t~i~jl~i~itt~i~@n~t~pft~l~i~c.,e~i~l~bec~i~t~'~i~c~at ions and ~Ex~ec~t~i~t-~V ORDER 112~-~1~6. AS AMENDED ~tC~O~qW~r~HAC~'~qf~qt an ~Fr~i~-~or~e that ~s~e~i~s~i~or~ity practices. job Order 112~-~1~6. as amended~ O~V~E It $~10~,~0~0~0~1 c~l~us ~s~if~ic~a (ions, work ~a~s~s~a~l~i~gnm~en~i~s and other ~1~3 The Contractor, in fulfilling its obligations personnel practices~, do sent have a discriminatory under t~h~ese specifications, shall implement specific Non-Discrimination Cla~qu effect ~1Y ~co ...... u~a~l~ly ~m~or~ot~a~ir~in~g ~.~1~1 ~g~ersor~me~l steel ~aff~i~rr~a~w~live~. ~s~cti.n~.~,~rp~@~.~at le~n~s~ta~sex~t~e~n~s~iv~ea~st~l~ao~se en~ipl~oyn~t~ent related activities t~o ensure that the standards prescribed in paragraph 7 of these EEO ~l~u~i~l~l~ey and t~he Contractor's obligations under 3pecif~iati~on~s, so ~l~i~s ~t~o~) achieve ~maxin~ium re~su~f~t~s During the performance of this contract, th~e these ~spec.~l~ic~at~i~ons are being carried out. from its efforts to ensure equal employment r~e. Ensure that all facilities and company opportunity. If the Contractor Falls to c~on~op~ly with Contractor agrees as follows: activities ~A~r~e nor~e~s~e~gr~a~lt~ed except h~a~l ~a~rp~eate ~or h. requirements ~.~1 h~ ~F~i~lecu~lve ~0 rder~. he A The Contractor will not discriminate ~again~s ~s~ingle~-u~s~er toilet and necessary changing facilities implementing regulation.-, or these ~spec~i~l-~acat~io~n~s. ~"~n~y~i~. Ill oy~ee or ~a~ppl~ ~icant for employment because ~0 shall be Fro~v~id~ed to assure privacy between the ~th~e~- Director shall proceed in accordance with 41 CFR race. color, religion. sex or national origin T~h~e sexes. &)..I ~i~t ~Co~ntr~ac~t~orw~ill Lake affirmative action in ensure this ~a. Document and maintain a record of all 1~.~1 The Contractor shall designate a responsible applicants are employed. and that employees tire ~s~u~lw~a~m~u~c~a~n~so~l'o~f~f~ers ~I~t,~, ~a~su~l~i~sc~untra~r~l~s from minority official t~o ~mor~ut~ur ~8~1~1 employment related activity ~t~o ~t~r~i~e~st~ed during employment. without regard to ~t~h~e~i~i a~nd fem~o~h~: construction contractors and suppliers. ensure that the company EEO policy is being carried race. color, religion, ~s~ex or national origin. Su~c~l including circulation of ~s~o~l ~icit~a~t~ion~s to ~o~vin~arity and east. ~to submit reports relating to the provisions action shall include. but not be limited to. th~e female cortr~act~o~or associations and other business hereof as maybe required by the Government and to ~f~"~l~lu~iv~ing: Employment, upgrading. demotion, o~! a~s~s~o~c~i~at~ic~e~r~s keep records. Records &hall at least include for each transfer. recruitment " recruitment advertising p. Conduct a review, at least annually. of all employee-. the name. ~ed~dres~9~6 teleph~on ~'~a numbers. layoff or termination; rates of pay or other forms ~a supervi~sor~Y adherence to and performance under the construction trade. union ~affil~latio~n ~i~f~any~. employee compensation; and selection or training. i~nclud~in~j Contractor~'s EEO policies and affirmative action identification number when assigned, social ~m~cur~ity al~iprentice~s~)up. The Contractor agrees to post ~ir obligations. number, race. sex, states ~Ae.~g., mechanic. apprentice. conspicuous places. available to employees ~on~c ~8. C~on~t~i~act~or~s ar~e encouraged to participate in trainee. helper. or l~a~t~io~r~er~), date& of changes in applicants for employment. notices ~W be provided b~) voluntary ~a~s~s~qmiut~ion~s w~Nch assist in fulfilling one status, hours worked ~p~er week in the indicated trade. the contracting officer setting forth the pr~o~vi~s~i~o~i~nsc~e~i or more of their affirmative action obligations (7a .rate of pay. and lo~c~at-~on~s at which the work was this nondiscrimination clause. through p The efforts of a contractor as~so~xiat~ion. ~F~i~erf~orm~od~. Warlords shall he maintained in an easily ~1~, ~R~. 'rise ~C~o~qmr~ac~t~or will. in all solicitations or joint ~cu~nt~-~a~ct~a~er-uni~o~n~, cont~ra~ct~or~-c~o~mm~on~ity~, or understandable and retrievable form; however. to ~adv~ert~i~b~e~ir~i~ent~s for employees pineal by or on behalf other ~s~i~m~-l~Ar group of which t~he contractor is a th~e~- degree that existing records ~s~a~t~i~ory this r the contractor. ~a~st~ate that all qualified applicants member and participant, may be asserted as requirement. contractors shall not be required t~o w~e 11 r~t~-~ce~r~v~e consideration ~for employment without f~u~tf~i~l~li~n~g any one or more of ~itsc~abl~i~g~at~s~o~-n~a~t under 7a maintain separate records. regard to) race, color, religion. sex, or national origin through p of these Specifications provided that t~he 15. Nothing herein ~pr~o~v~ided~ehal~lbec~on~strued a% C The Contractor will send to each labor union car contractor actively participate in the group. makes a limitations upon Lite ~up~p~l~i~c~i~atic~er~a~nf~u~ther laws which ~qmpre~be~nt~i~a~ti~ve ~a! workers with which h~e has a every effort to assure that the group has a positive establish d~i~l~t~eren~t. standards of compliance or upon collective bargaining or other contract or impact o~n t~he employment of minorities a~nd women the application ofrequ~ir~e~m~en~t~i~ef~or th~e~l~u~r~i~n~g orl~oc~al understanding. is notice to be provided ~t~o~y the in the industry, ensures that the concrete benefits elf or other area residents ~(e g., theme under the Puh~l x~: Contract Compliance Officer advising the ~saiJ labor the ~pr~o~gr~om are ref~i~rcted in Lite Contractor~'s Works Employment Act of 1977 and t~he Community union or work~er~i~e'r~epre~vent~ative~s~o~qf theContrac~tor~'~s minority tend female workforce part i~ci~p~at~i~o~n. makes Development Block Grant Program~). commitment under this section and shall post copies a good forth Wort to meet its individual goals and Equal Employment Opportunity Of ~t~he notice in conspicuous places available to timetables. said can provide access t~i~e documentation employees and applicants for employment. (1~) If the contract amount is $10,000 or less. t~he ~l~a The Corsi rac~t~ur will comply with all provisions which d~em~o~r~istrat~e~s the effectiveness of actions following conditions ~al-all apply: taken on ~1~w~hu~l~f of ~t~h~e Contractor T~he obl i~g~a~l lots to - Dur~-ng Lite performance of this Contract. t~he ~af~t~:x~L~cut~ive Order 112~-16 ofSel~itemb~er24,19~65, and ~o~f the ~r~i~s~l~e~s. regulations and relevant orders of ~t~he comply. however. ~i~s the C~u~l~ar~a~c~tor~'~s ~a~nd failure of C~on~tr~ect~i~or ~a~gr~e~c~e; us Follows~. Secretary of Labor. such a group to fulfill an obligation shall ~n~ot lie a a. The Contractor will nut discriminate a~g~a~i~r~t~st ~k.. The C~ontr~a~c~:~nr will furnish oil information and defense for t~he Contractor's noncompliance. any employee or split ~ic~ant fair employment because of reports required by Executive Order 11246 (if 9. A single goal ~f~ar minorities and a ~qw~i~l~ar~a~tt~e race. color. religion. ~,~e~x or national origin. T~he single ~gou! f~o~r women leave been established. The Contractor will take all ~irm~at~ive action ~U~s e~n~surt~, that September 24, 1965. and by the rules. r~egu~l~a~t~io~n~a. Contractor, however. is required to provide equal applicants are employed, and that em~p~l~oyee~l~l ~ar ~- still orders of the Secretary of ~L~a~l~ao~r~. or pur~su~ar~i~l employment opportunity and to take ~affirm~atiVe treated during employment, without regard to the~i ~a th~eret~t~e, and will permit access to his books, records. r andac~c~ount~sbyt.~he Department and the.~3ecretary~of action f~or~all ~-~n~inor~i~ty groups. both male land ~G~qm~i~al~e. race. color. religion. sex or national origin. Such Labor for purposes of investigation to ascertain and all women, both minority ~and n~on~,minc~or~ity, action.~, hall include, ~b~e~,~, n~o~t b~e limited t~1D~. the compl~u~enc~ew~ith such rules. ~re~gul~at~i~ons~,and orders Consequently, the Contractor may he in violation of following: Employment, upgrading. demotion, or F. In the event ~-r ~LheContr~act~oe~3 noncompliance the Ext~-cut.v~e Order if~s particular group is ~t~r~oploy~ed transfer~; recruitment or recruitment ~edv~er~tis~ing; with the n~andL~%crimin~t~itionclausedc~(~U~t~i~s~con~tr~it~ctor in a sub~bt~ai~s~h~ally disparate manner ~if~or example, lay~of~l~'~.~)r termination. rates of pay or other forms of w~e ~th tiny of such rules, regulations. or orders. this even though Lite Contractor ~has achieved ~it~s~go~a~l~s~i I-or c~omp~t~ensution; and ~s~elt~ct~i~on for training ~.. including ~c~o~u~tr~ac~t, ~may be cancelled, ~term~ina~l~ed or suspended women ~ger ~cra~l~ly~, h~e Co~n~lr~,~.ctr,~n~,~,y been ~v~w~latio~n ~upprer~uc~e~ship~, Th~e~, ~I~l~an~l~ruct~or agreed to post in ~an whole or in part and the Contractor may be of the E ~a~tec~ut~ive Order if~a~s~pec~if~ic m~i~n~t~eri~ty~gru~t~il~i~c~ef consp~i~cu~ou~b places. available to employees and declared ineligible for further Government contracts women is underut~il~ized~l applicants for ~o~np~l~oy~i~n~e~n~t~, notices t~o~bepro~v~id~ed by or federally assisted construction contract 10. T~h~e Contractor ~bh~ull ~n~ot use t~h~e goals and ~the ~l~A~t~c~a~l Public Agency setting forth the provisions t~im~etab~l~e~i or affirmative action standards to procedures ~s~uth~or~iz~e~d in Executive Order 1124~6 of of this ~no~nd~i~scr~i~m~i~n.,t~Ory clause~ September 2~.1. 1965, or by rule.,. regulation. or order discriminate against tiny ~I~mrs~on because of race. b r~he Contractor wall, in ~a~ll sol~ic~a~at~i~on~s ~or of the Secretary orl.~a~bor, or ~a~s otherwise pr~ov~id~e~tl by color, religion, sex. or national origin. ~adver~v~oe~tr~a~cr~a~L~b for ~e~n~i~ploy~e~es placed ~k~ey or ~o~i~l behalf I ii. The Contractor shall ~n~ot enter into a~ny of Lite ~Co~n~tr~u~c~k~ar~. state that tell ~k~lu~a~l~lfi~t~a~l ~l~op~t~al ocelot~. Subcontract with any ~F~wr~4~o~r~i or f~ir~i~n d~i~-~h~arr~i~i~-~d from will receive c~ons~id~er~at.on for employment ~w~it~l~i~a~l~l~it. G. 'rite Contractor will include the partisan of ~t~he ~G~overnme~r~st ~c~on~tr~act~.~4 pursuant to Executive Order regard t~i~t rave, c~o~i~l~i~ar. r~e~l~s, ~i~i~i~i~i~.~se~l~l ~o~r national origin. ~5~..~'~at~en~c~e ~u~nn~ied~i~a~tely preceding paragraph A ~an~d 112~-~16 ~c. The C~n~u~t~r~a~ct~-~.r will cause the foregoing the pr~o~v~v~i~i~on~% of paragraphs A t~h~qm~a~i~gh G in every 12 ~qne~C~o~n~tr~act~or~shall carry o~ut such ~s~u~inc~t~i~ons provisions to ~I~-~e ~o~s~q-r~l~-~-~d ~t~i~e all ~e~a~t~c~ontr~e~c~t~s for an su~f~a~c~i~n~itract or purchase order unless exempted ~8q4 ~2q:~qnd penalties fair violation ~qJ~q,ft~qhe~qse ~qv~qp~qe~qc~qi~ql~ql~qc~qi~qat~qi~ql~qi~ql~ql~qs it led w~q-~qirk covered by ~qt~ql~qi~qt~qs~q,~q.~q-~qo~ql~qt r~qac~qt~q.~q%~qo ~qt~qh.~qit~qs~qi~qa~qc~qh ~ql~q1r~qo~qv~qi~qs~qtm~qe~qy rules~q. ~qrt~q-~qgu~l~qi~qot~qs~qon~qN or ord~qer~qs~qo~fthe Secretary o~fL~qi~bor ~qf ~qt~qh~qe Equal Opportunity C~ql~qw~q'~qz~qw, ~qe~qu~qr~ql~qu~qti~q-~ql~qi~qg will ~qh~q4~q- heading ~qu~qp~qo~ql~qt~qo -~qs~q-h ~qs~q-~qi~ql~q@~qontr~qa~qc~qt~qt~qsr. p~qe~qo~qv~qi~qd~qt~q-~qd -~qo~qk, i p~qur~qm~qi~qant to section 201 or ~qF~qi~qle~qcu~qt~qi~qv~qe Order ~qsu~qs~ql~qie~qu~qs~qi~qo~qpf~qi. ~qWr~qin least stilt and cancellation of existing that the for~qt~q-~qg~qo~qi~qn~qg pr~qi~q,~q%~qi~qs~qi~qon~qs shall tart apply ~qi~qt 112 it; tit ~qS~qep~qt~qa~q@~qi~qn~qbe~qi 2~q.1, 1965. ~qs~qo that ~qbuc~qt~qiprov~qe~qs~qi~qons subcontracts us r~qi~qtay he tr~qo~qpo~q*d ~qor ordered pur~qs~qi~qv~qo~qit ~qr~qo~qntr~qnc~qt~qo; or ~qa~qsu~ql~qw~qont~qr~qa~q-~q-t.~q4 for standard ~q-:~qnn~qim~qer~qe~qc~qi~qa~0q; will be hand ~qin~qg upon each ~qsub~qc~qa~qntr~qic~qt~qor or vendor~q. to Fxe~qL~qt~qit~qe~q%~qt~q- Order ~q11~q'~q246. as ~qav-~qi~qt~qi~ql~qed~q. ~qa~qr~qed ~qot,~q@ ~q;~qa~qi~ql~qp~qi~qt~qh~qe~q4 ~qc~qar raw ~qin~q-~qi~qt~q. r~qi~q"~qI~qs Tier ~qCo~qr~qstra~qc~qu~qir will sake such action with r~qe~qsp~qe~qr~qt to Implementing regulations. by the ~qO~ql~qf~qic~qe, ~qof Federal ~qi~q?~qi If ~qt~qh~qe contract a almost ~qex~qc~qr~qed~qi ~q$~q1~q0~q,~qO~qU~qO. the ally subcontract or ~qpurch~qa~qse~qar~qder a~qsthe Department Con~qtr~qt~qtc~qi~qC~qo~qc~qi~qi~ql~q,~qli~qa~qn~qc~qL~q-Pr~qc~qigra~qi~qi~qi~q-~q.~q# AnvCo~qnt~qr~qac~qtur. l~qi~qn ~ql~qo~ql~ql~qow~qi~qn~qg conditions %?,.ill ~qo~ql~ql~q.p~qly. m~qe~qt~q) direct as it means or enforcing such provisions~q. ~0 ~in~c~l~u~l~l~o~l~o~d ~!~i~o~i~-~S~c~cr~et~i~orv c~of~f,~t~o~i~tt~ir ~p~ur~s~u~all, to ~r~,~-~-~1-ri~i~ig ~#~f-t I he ~c~;~ont ~i actor will take such act~i~or~t ~s~c ~h~l~o~w~c~%~e~l ~1~1~-~-~i ~M ~l~e ~-~t~i~t to ~-o~Mr~-~,~,~b~,r ~l~o~u~-~c~i~-~m~e~,~4 Part ~f~l~,~.S~u~bp~ar~l I I of ~O~i~r ~F~l~i~e~c~ut~s~i~o to order ~I~na~d~d~i~tio~r~v~. ~I~'~l~l~- G~w~er~s~ir~n~o~ont may direct its it ~t~n~e~i~ans~c~ifen~f~orc~m~V ~in~vo~l~%~4~-d ~t~i~t. ~i~s 1- ~1~1 -~I~t~- ~1~1~1~%~1 w~il~h, ~l~a~i~g~i~o~t~i~o~s~t with a the applicant agrees that if it fails or refu~t~i~e~s to ~w~iv~?~. ~l~ir~m ;~.s~i~o~n ~s~u~t~w~or~i~l~l~"~c~l~o~l ~"~, ~o~.~. ~.~, ~r~o-~'~r~o~"~I~t ~&~of ~m~ich ~d~ir~e~ct~iun comply with t~l~i~vs~f~- ~w~id~e~r~t~nk~ing~s~. ~t~he Department In n~o~, r~%~e~t~t~t ~s~h~ai~l tiny ~a~in~a~t~int of the ~as~s~i~s~t~&~i~nc~t~. by the ~D~ep~o~o ~t~o~T~t~r~w~, 0w . j~it~o ~..~*~t~o~r costly request tile ~m~ay take any or all of tile following actions: r~a~nce~l~. provided under fill!. ~q( * ~q) ~f~u~n~.~1~1~n~.~! ~h~, ~W~i~l~co-~1 ~o~o~o~a~i~t ~Urut~o~e~,~l ~S~t~o~w~t~o t~i~t tooter 1~.14~- ~W~8~. It l~it~i~g~4~s~t~i~on to protect terminate. or suspend ~on whole or in part this grant r~u~b~s~e~ct to ~i~t facility which ~h~i~t, ~g~i~%~r~t~t ~t~o~%~* tr~i ~6 the interest ~s~i~t tile ~1~1~t~a~t~ed -;faces (contract, loan. insurance, guarantee). refrain from conviction tinder ';action I 1~3~1c~o~il ~I ~of the Clean A%,, extending any further assistance to the applicant Actor Sect ion 3~09~tc ~I of the Federal Water Pol lu~t~t~ior. und~e~t the program w~a~l~, re~%p~ec~t to which the failure Control Act or r~c~l~u~s~al occurred ~t~-~.~nt~il ~b~at~i~s~t~ac~t~ory assurance of ~F~E~'D~E~ItA~l. LABOR STANDARDS future. c~o~mp~l~u~in~c~e hit~. ~twen cec~ei~ved from such ~1~1~H~O~V~I~S~IO~N~S ~s~l~op~i~.cunt. acid refer the Case to the Department of Except with respect to t~he reh~ab~ilif3t~M~o~t If Justice ~f~or ~a~ppropr~i~a~l~e legal proceedings. residential property designed for residential ~U~e for ~qCO~M ~I~'L~I~ANC~E WITH AIR AND WATER ACTS less than eight families. the Contractor. ~ir the T~H~% Agreement Is ~N~i~s~bj~e~ct to the requirements of ~r~i~mtr~act ~i~s in excess or ~qS2~.0~0~0 for the construction, tile C~le~nn Air Act. as amended, 42 II~SC 1~65~7 et s~eq~.. ~)~I~T~0~6~e~c~"~"u~". cu~l~l"~P~I~R~L~'~O~n Of l~e~l~l~i~t~i~f Of ~a~n~y building ~.~1~1 the ~F~@d~erul Water Pollution Control Act. as work. ~Any of film ~Au~b~c~ontr~act~ors. shall comply with ~arnt~r~-ded. ~1:1~1~1~'~4~' 1251 ~or~t sect and the r~e~g~ualt~i~on~s~or tile ~q( *)requir~e~cr~ient~s pert~a~t~in~in~g to such contracts Tile ~a~lp~l~i~c~i~t~t~a further ~n~gr~e-~- ~1~1~.~4~1 it ~,~I~f be ~b~n~und ~t~he ~U~n~v~ir~on~in~e~nt~il Protection Agency with respect and the split ~icabl~er~e~q~u~i~rem~ent~s of the regulations of by the ~0~-~c~ove ~r~(~l~u At no t ~v ~c~[~o~u~p~. -~i~1~f~or~t~-~s~p~t~i~c~t~i~o thereto. at 40 CYR Part 1~5, us amended from time to t~l~@e th~-p~artment ofl~.~ab~or under 29CF~R ~P~a~rt~s3~, 5 slid ~it~s own e~n~ip~l~o~ym~e~n~t practices when it I-art ~oc~ip~ate~s in t~un~t~- 5a~. governing the payment of wages and the ratio of feder~all~) ~a~s~i~o~u~tted c~o~r~i~st~i~t~ic~t~i~on w~i~srk Provided, Th~o Contractor and any Of ~It~s subcontractors for apprentices and trainees to journeymen: ~1~1mv~i~e~l~td. That if the applicant ~s~i~t ~;~o~ar~t~i~v~i~l~u~kt~in~g ~:~s a State or this Project, ~ag~r~e~p to the following requirements~. that if wage rates higher than those required tinder local government~. the ~ab-~c rollout ~i~-p~l~A~wtun~i~ty A A ~i~t~t~ipu~l~at~io~n by ~ih~o~o c~n~t~itr~actor or such regulations ~are imposed by state or local law, clause or ~n~o~t ~app~l~i~t~ob~l~e ~lo any agency. ~qm~s~trum~o~c~n~a~l~e~iy ~O~r ~i~c~u~br~l~w~n~u~c~o~n or such ~g~o,~o~e~rn~men~t ~s~ubc~,~-n~tr~a~cu~i~r~s that any f~ac~i~l~it~o to toe ut~il~u~ed ~t~i~t the ~n)filing hereunder ~1~3 intended lot relieve lite p~erf~or~ona~uce of tiny not, t~o~l~o~o-~ir~i~p~t co~utr~act or Contractor or its ~c~ohl~ig~a~t~i~o~n. if any. to re~cu~t~ir~e which d~ce~s ~n~ot participate ~i~ts work on tic under the ~5~1~1~6~7~-~in~tr~ac~t 1~4 ~)~l~o~t ~l~e~,~l~ed ~i~o~n lite List ~(~i~t v~l~o~l~at~i~o~g ~l~u~syrn~o~-r~it of ~t~L~e higher rates. contract facilities ~i~s~q~u~i~-d toy lite ~F~i~t~,~tr~i~,~n~me~o~l~.~tl ~l~o~rotect~io~n The ~Co~n~tr~i~e~c~l~or stipulates that he ~i~s at the time of The ~t~o~,pl~-~,~a~ot agrees ~t~t~;~n~t it will assist and A~g~e~rr~y (~F~TA~I pur~a~t~i~ont t~o, ~-~I~l~l ~4~7~YR this ~ag~o~e~e~n~i~e~n~t, not eligible under the prov~i~sion~o~t of cooperate actively with the Department~. and the ~H Ag~ee~e~n~;e~t~x~thyt~t~,~c~(~*~4~j~i~,~tru~,t~,~,~rtu~con~%~@.~i~y~w~t~t~t~%~tL~[t ant, ~-~-~w~-~l~i~ca~b~l~e regulations of the Department of Secretary ~of Labor ~,~, o1~h~u~nr~u~n~g ~1~h~e c~om~I~l~l~i~t~i~nc~e Of Ill ~i~dth~eC~l~e~a~u A~wA~rt. Labor t~o~o receive ~an award or ~s~uc~t~, contract. ~contr~a~c~t~5r~a, and ~s~a~l~p~r~ontr~artor~b will, the ~c~t~lual as ~t~o~m~e~nded~. 142 ~V~S~! ~I~N~5~7c ~m~, and ~S~t~e~ct ~,~,~n3~(~M of tile ~R~E~(~;~I~;~I~-~ATION~S PUR~S~UANTTO ~SO~-CAL~LE~D opportunity clause a~nd ~t~h~o rules. ~an~d Federici Water ~l~l~i~)~l~l~o~o~i~m~i ~C~-~tr~itr~ol Art. ~a~t~o ~a~n~i~v~i~id~t~A~, "ANTI-KICKBACK Acr~, relevant ~n~rd~er~n of the ~S~qf~qtr~etary of~f~.ab~o~r~. that It will 1:~1.1 U~.~S~r 1.~31~8, relating to ~on~sp~oc~t~i~on~. n~i~,~oni~t~or~ing~, Tile Contractor shall comply will, tile applicable furr~u~s~h the Department and ~i he ~S~tc~r~ot~ary ~o~f Labor entry. report.-% anti ~s~c~i~f~-~or~n~i~at~i~t~on~, as well n~s all other t~v~g~k~i~l~t~I~L~S~O~qM bet forth at 2 ) ~C~F~I~t Part ~' of the ~q:~u~ch information ~*~-~a they may require for the r~e~c~lu~,rement~s ~a~lk~l~oc~if.~v~ol ~t~i~t said ~Secti~t~on 114 a~nd tit Section 30~9. anti all regulations an~d guidelines ~L~a~b~or.r~u~adepur~sua~s~it to the so~-called An~ti-K~ick~b~a~c~k upe~r~%~s~t~uon of such compliance. a~nd that It will ~c~r~c~t~ary of ~L~i~c~h~ar. United States Department ~o~f c~i~therv~i~t~s~" ~a~s~s~o~m the Department in ~the~i~l~t~sch~ar~g~e of ~i~s~su~c~.~1 thereunder. Act ~n~t June 13. 1934 ~i~lb USC ~8~14~t and any its primary responsibility for securing compliance. ~C As~t~i~l~i~t~i~l~i~st~i~o~n~th~;~ita~i~ia.ont~i~t~t~i~t~i~slort~i~te~aw~i~i~r~d ~a~in~v~i~s~d~ir~cen~t~s or modification,.% thereof. The The applicant further ~a~g~r~o~o~p~s that it will refrain ~of ~th~n contract prompt notice will be given or ~any Contractor chat[ cause appropriate provisions to ~I~t~.~-~- from entering into any contract or contract notification received ~l~rm th~p D~ir~er~t~.~a~. nn~I~qM ~0~I ~I~n~S~W~rt~e~d - ~su~b~c~o~n~t~T~a~c~t~s t~o Insure compliance ~mod~if~i~c~i~c~t~ion subject t~o) ~F~o~u~tcu~t~i~v~e ~Ord~vr 112~-1~6 of ~F~ed~c~a~l Activities. ~qUA. Indicating ~1~1~!~a~t ~i~t facility ~th~er~ew~i I h by ~n~il subcontractors subject thereto. and S~t~eptem~b~o~,~tr 2~.~1. 1965. with ~a~c~o~ntr~ac~turd~e~b~arr~ed ~f~r~o~rn~, ~l~i~t~il~w~ed or ti- ~be u~ld~u~ed f~of the ~o~-~i~tt~i~a~,~:~i ~o~b u~n~.~t~e~r the. Contractor shall b~e responsible for ~t~he or who has not demonstrated ~el~i~g~i~l~ti~l~ity for, e ~I~t~i~t.~r~a~t~i~o~n to lie listed ~i~on tile EPA Lost Of ~w~i~t~i~n~i~l~s~,~o~l~on of affidavits required o~l'Subc~o~nt~r~ac~t~(~or~s G~ov~e~i~t~o~men~t contracts anti federally ~a~u~s~t~s~t~ud ~v ~V ~j~v,~%~t~l~l~l~1~-~s ~L~h~er~ru~t~u~ler, except as said Secretary of Labor may construction ~c~o~ntract~m pursuant top th~e ~F~x~ec~ut~t~%~e 1) Agreement ~t~oy ~t~he Contractor ~i~l~.i~6~i he will specifically provide for reasonable limitations~. order and will carry out such ~sw~urt~i~on~s an~d penalties ~i~nc~l~ude~or c~au~s~t~: to lie ~u~sclud~ed the criteria and ~ut~h~e~r ~v~o~it~l~a~t~i~nn~s. ~t~o~l~erunce~s and exemptions from the for violation of the equal oppor~-~1p~p~p~p~c~I~dU~s~e ~1~1~.~% ~I~I~W~I~Y requirements in p~ar~.~4~gr~a~l~ph A through ~1) ~t~i~t ~i~t~"s r~e~lu~tre~n~s~en~t~s thereof A copy of these regulations ~is be ~impos~od upon contractors a~nd ~subc~ontr~act~or~b by section in every r~o~-~ine~x~amp~t subcontract and include%] us a part of this contract. ~0 ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO~-C~4qA.L~8qLED "ANTI-KICKBACK ACT" AND REGULA~, ~qI~s~qI~8qONS PROMULGATED PURSUANT THERETO BY T~2qHE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR TITLE 18, U.S.C., section 874 (Replaces section .1 of the Act of June 13, 1934 (48 Stat~. 948, 40 ~2qU.~qS.~6qC.~, sec. 276b~q) pursuant to the Act of June 25, 1948. 62 Stat. 862~q) KICKBACKS FROM PUBLIC WORKS submission of ~s~ta~t~tm~ents regarding the wages paid spouse~. child, parent, or other close rel~ativ~o~, ~or ~t EMPLOYEES on work covered thereby; sets forth tire contractor or su~l~ic~antr~actor~. a p~ort~ner~ar~ofr~oc~e~r~o~if Whoever, by fares, intimidation, or threat of circumstances and procedures governing the m~aki ~9 contractor or subcontractor. a corporation cl~o~s. procuring dismissal from employment, or by any of payroll deductions train the wages of th~o~r~6qt connected with the contractor or ~aub~l~e~an~t~r~act~a~i~r ~th~er manner whatsoever induces any person employed on such work; and delineates the methods parent, subsidiary or otherwise. and an ~*~0qW~w~qf~qt ~q:mploy~s~ed in the construction, pro~pe of payment permi~ss~ubl~e on such work. agent of such corporation. c~ut~ion. (~g~) The term "federal ~agenc~4qe means the Uni~i completion or repair of ~any~.public building. public Section 3.2 Definitions. States. the District of Columbia. and all ~ex~ec~u~L~t~i work. or building or work financed in whol~eor~in part A~l~i used in the regulations in this part: departments, independent ~e~a~tablis~hmer~s by loans or grants from the United States, to give up ~fa~l The terms "building" or "work" generally administrative agencies. and instrumentalities any part of the compensation to which he i3 entitled include construction activity its distinguished from the United ~Sta~L~e~s and of the D~i~s~i~tric~e~ of Co~lu~mb under ~his contract ~of~emp~loym~en~t~. shall be fined not manufacturing. furnishing ofm~aterial~s. or servicing including corporations~. oil or substantially all of t more than ~$~5~.000 or imprisoned not more than rive and maintenance work. The terms include. without ~st~ock.of which is beneficially owned by else Unit years, or both. ~qh~in~k~st~ion~. buildings structures. and impro~vern~s~int~s States by the District of Colum~@~)~i~s. or any of ~t SECTION 2 OFT~qHE ACT OFJUNE 13.19~34, A~S. Ofall types, such as bridges, d~am~a~. plants. highways. foregoing depa~ct~m~e~n~t~s~, establishments. ~ag~e~nc~i~i AMENDED parkways, streets, subways, tunnels. sewers, mains, and instrume~a~t~u~l~iti~e~s. ~44~8 St~r~t~. 94~8~. 62 St~a~t. 862~,63 St~a~t~. 108, 72 S~ta~t. pow~erlines, pumping stations. railways~, airports. Section 3.3 Weekly statement with re~ppect ~t~o 967. 40 U.S.C.. ~qw.276~c~) ter~t~r~in~als, docks. piers, wharves, ways. lighthouses. ~l~i~t~to~ys. jetties. breakwaters, levees. a~nd canals~; payment of wages. The Secretary of Labor shall make reasonable dredging, aho~ring~. ~sc~af~t~r~i~h~i~t~s~i~g. drilling. blasting. (at As used in this section. the term "employe regulations for contractors and subcontractors ~esc~avating, clearing, ~i~t~r~id landscaping. Unless :shall not apply to persons in cl~a~ss~if~i~c~at~i~o~n~a high engaged in tile con~t~i~truc~t~i~on, prosecution, completion conducted ~i~n connection with and at the site ~of~such a titan that of laborer or mechanic ~a~nd ~th~a~qm w~h~o a or repair or public buildings, public works or building or work as is described in tile foregoing tile ~imm~ed ~ia~w supervisors of such employees. buildin~V3 or works financed in whole or in part by sentence, the manufacture or furnishing of (b~i Each contractor or subcontractor engaged loans or grants from th~e United States, including a materials, articles, supplies~. ~or equipment ~(whether the construction, prosecution, completion. or repo provision that each contractor and subcontractor or not a Federal or St~-~i~te agency acquire& title to such or any public b~u ~ilding of pub! i~c work, or build~i~a g shall furnish weekly a statement with respect to ~t~i~t~(~- ~mut~eri~al~s~, articles. ~s~upp~i ~ie~s, or~equ~ipment during the work financed in whole or in part by loans or ~gr~an wages paid each employee during the preceding course of the manufacture or furnishing. or owns from the United States. shall furnish each W~04~~ik week. Section 1001 ~o~fTitle 1~8 (United States Code) materials from which they are manufactured or statement with respect, to the wages paid each of i shall ~sp~l~il~y to such statements. furnished) ~i~s not a "building" or 'work" within the employees engaged an work covered by 29 CF~R Par ~_~_~qX~X~X~q_ meanings of the regulations in this part. 3 and 5 during the preceding weekly payroll p~e~6o Pursuant to the aforesaid Anti-Kickback Act, the .. This statement shall ~be~e~xecu~t~ed by theco~ntr~actor~4 Secretary of Labor, United States Department of ~(b~i The terms -construe t ~r~a~n,~" "prosecution," ~subc~on~trac~t~oror by an authorized orricero~r~i~empl~oy~, Labor, has promulgated the regulations hereinafter completion," or "repo ~ir~" mean all types o~twork done of the contractor or subcontractor who ~aup~e~rvi~s~e~a ~0 set forth. which regulations are found in Title 29~, Subtitle A, Code of Federal Regulations, Part 3. The on a particular building or work at the so ~t~e thereof, payment of wages, and shall be on form Wit :~14 term "this part," as used in the regulations including, without limitation, altering. remodeling. "Statement of Compliance", or on an identical ~f~a~r hereinafter set forth, refers to Part 3 last above painting and decorating. the transporting of on the back of WH 347. "Payroll (For C~ontr~act~i~s: mentioned. Said regulations are as follows: materials and supplies to or from the building or Optional Use)" or an any form with ident~ic~i work by the employees of die construction contractor wording. S~ampl~a copies ~o~fWH 347 and W~i~t 348 ~m~e TITLE 2P - LABOR or construction subcontractor. and tile be obtained from t~he Government ~'~ontr~act~i~n~g ~( Subtitle A - Office of the Secretary or Labor manufacturing or furnishing of materials. articles, sponsoring agency. and copies of these forms ~m~a~y ~t PART 3 - CONTRACTORS AND ~sup~p~i ie~s, or equipment on the ~si ~Le of the building or purchased at the Government Printing Office, SUBCONTRACTORS ON PUBLIC BUILDING work. by persons employed at the site by the (c) The requirements of this section shall r~i~c OR PUBLIC WORK FINANCED IN WHOLE OR contractor or subcontractor. comply to any contract of $2~.0~00 or leas, IN PART BY LOANS OR GRANTS FROM T~HE ~f~e~! T~he terms "public ~bu~i~ld~ir~ig~" or "public work' (d~i Upon a written finding by the head of t~h UN~qM~.~D STATES ~i~nc~h~ide building or work for whose construction, Federal agency. the Secretary of Labor may provid Section 3.1 Purpose and Scope. pr~o~s~3~cut~ion. completion. or repair. as defined above. reasonable limitations. variations. tolerances. ~an This part prescribes ~"~anti-k~ickb~ack~" regulations a Fe~ieral agency ~isa contracting party, regardlessof ~e~i~tempt~ion~s from the requirements of this ~qwtio under section 2 of the Act of June 13. 1931, as whe-~'her title thereof is in a Federal agency. subject to such conditions " th~e Secretary of ~L~ab~I~c amended ~440 U.S.C~.. 276~0, popularly known as the may specify. Copeland Act. This part applies to any contract which ~(d~) The term "bu~ildu~ig or work financed in whole (29 F~.~R~@ 93~, Jan, 4~. 1964. a& amended at ~3~3 F~J is subject to Federal wage standards and which is for or in part by loans or grants from the United States" 101~86, July 17. 1968) the construction. prosecution, completion. or repair includes, building or work for whose construction. prosecution. completion, or repair. as defined above. Section 3.4 Submission ~ofweekly statements and t~h of public buildings. public works or buildings or preservation and inspection of weekly p~ayro works financed ~I~n whole or in part by loans or grants payment or part p~3yn~ien~t is made directly or records, from the United States. The par~L~i~s intended to aid ~I~n indirectly from funds prov~id~e~m~i~lby ~lo~ansor gr~ent~sby~a (a) Each weekly statement required u~nd~er~.~S~ec. 3. the enforcement of the minimum w~e Federal agency. The t~er~i~n does not include building ~ge provisions of or work for which Federal ~qa~qb~qs~qist~qance is I ~qLm~qi~tedso~l~qely ~f~i~l~iu~l~l be delivered by the c~ontr~ac~toror ~subco~n~trac~to~! the D~qav~qi~qs-B~qacon Act and thevari~qou~qs statutes de~qal~qs~q"~qI~qf ~qw i~qthin se~qt en days after ~qthe regular payment date ~qc with Federally assisted construction that cont~qa ~qIn~q$ to loan ~qir~qt~qi~qara~qi~qt~qte~qe~qs or Insurance. the payroll period, ~qt~qo a representative of& Federal ~qr similar minimum wage provisions. Including those ~qte~qi Every person paid by a contractor or State agency in charge ~qat the site or the building ~qo provisions which are not ~qsut~qij~qb~qct to ~qI~qt~qeorg~quni~qz~qat loss ~qs~qu~qb~q(~qontruc~qtor in ~qa~ql~ql~q) manner for hi~qs labor In tile ~q@~qork. or. if there ~qi~qs no representative of& Federal ~qo Plan No 14 (e.g., the College Housing Act of 1950. construction. p~qros~qecut~q.~qc~qo~qn. cutr~qip~ql~qet~qion. or repair of a ~q:~q5~qu~qs~qst~qe a~qg~qe~qi~qicy at die site of~qth~qe building or work. ~qth the Fed~qpra~ql Water Pollution Control Act, and the public building or public work or building or work statement shall be mailed by the contractor ~qo Housing Act of 1959~q). and in the enfo~qrcem n~qt ~qofthe financed in whole or in part by loans or grants from subcontractor, within such ti~qme~q.to a Federal ~qo~qcSt~qat overtime prov~qi~qs~qsion~qs of the Contract Writ flours the United starts is "employed" and r~qec~qe~qi~qi,~qing agency contracting for or financing the building c~qi Standards Act whenever they are app~ql~q; ~qdh~qle to "wages.' regardle~qb~qs of arty contractual r~qe~qldt~qio~qn~qsh~qip work After such examination and check as may b construction work The part details ~qt~qhe obligation of alleged to exist between him and t~qhe rt~qal employer. made. such ~qs~qi~qtaternent. or a~qc~qupy thereof, ~qi~qsh~qal~qlbek~qep contractors ~qand subcon~qtr~qdctor~qs relative tit the weekly ~2qM The term "any affiliated person" includes ~q0 available. or ~qel~qi~qall be transmitted together with ~qi ~0 ~ir~q"r~t ~o~f~-~r~u~ay % ~to~l~at~i~on~. in accordance with applicable Community Chests. ~Cr~uted ~C~j~%er~s Funds, and ~:1.~6 tire pr~o~~i~tt~i~l~te~ procedures ~l~or~escr~i~bed by the United States similar charitable org~a~m~i~rat~iun~s ~S~c~o~. Lion 3. I~o Methods ~nr payment or wages. Department of Labor ~i~t~) Any deductions to) pay regular union initiation The payment ~ofw~a~g~e~ssh~all he by cash. n~o~g~ot~m~b~l~e ~(b~i Each contractor or subcontractor ~i~shall fees and ~r~u~r~mb~er~b~l~up dues. not including fines or ~i~n~.~,tr~umen~t~s payable on demand. or the additional preserve his weekly payroll records for a period or special ~us~bess~n~ient~s ~Pr~ar~id~ed~, however. That a forms of compensation ~for which d~eductt~s~i~o~n~s are hr~ee year, ~Ir~or~o date or ~c~t~smp~le~l~,ur~s ~o~f the contract ~lo~l~le~vti~ve ~l~u~,~g~amm~g agreement ~1~,~1wen t~he ~p~ern~u~ss~,~h~le under h~i~m par,. N~. other ~n~ie~l~l ~" of The p~s~yr~-4~1 records ~b~l~i~all ~i~et out a~cc~u~r~attly and contractor or sub~c~o~u~tr~ac ~tor and rep re~3~en~t~a~t~iv~e~s of its payment shall be recognized on work subject ~t~o~c~t the c~ompl~et~z~i~) t~he n~an~te and address ofe~ach laborer and employees provides for such deductions and the Copeland Act. n~i~ach~an~ic. ~l~u~scor~r~e~ctcl~as~u~af~t~ca~t~i~on. r~ateofpay~,da~i~lY deductions are not otherwise prohibited by law. Section 3 11 Regulations part of contract. and ~w~e~ek~:y number of hours w~o~orked~, deductions (j~) Any deduction not more than ror ~t~he All contracts made with respect to the ~Ma~d~i~t~- ~and actual wages p~a~!d Such payroll records ~"rea~s~s~unab~il ~i~rc~os~t" or board. l~ud~g~ing, orother facilities construction. prosecution. completion. or repair of shall be made available at all times ~for inspection by meeting the requirement of section 3~1m~i of the Fair any public building or public work or building or the cunt-acting officer or his authorized Labor St~and~t~a~r~d~s Act of 1938, as amended. and Part work financed in whole or in part by l~oan~s~or grant& repre~v~en~t~at~iv~e. and by authorized representatives of 531 of this title. When such a deduction is made the from the United States covered by th~e~ir~e~qp~l~a~t~i~on~e in the Department of Labor additional records required under See. 516.27 t~o~o of this part shall expressly bind the contractor or Section 3~,~5 Payroll deductions per ... sib~le without this ~1,~1~1~, shall be kept ~bu~bcontruc~t~or to comply with such of the regulations appll ~ic~at~!~o~n t~o or approval ~ofthe Secretary o~f~'~Lab~or. Section 3.6 Payroll ded~-~Ac~tions permissible with the in this part a~m may be applicable. In this regard. site Deductions madeunde~r th~eci~rcum~sta~nce~s or in the approval of the Secretary of Labor. ~Se~c 5.5~92~1 of this subtitle. situations described in the paragraphs of this section Any contractor or ~mub~c~o~ntractor ma~y ~11~1~1~q0Y ~t~o~o tile F~E~D~F~RA~I. MINIMUM WAGE RATES FOR ~m~ay be made without ~appI ~kca~t~i~on to and approval of Secretary of Labor for permission to make any LABORERS AND MECHANICS floor Secretary o~r Labor deduction not permitted under Sec. 3.5~. The All laborers and ~mech~aruc~i~i~i employed upon t~be ~ta~) Any d~e~s~tuc~t~ion made in compliance w~it~i~s the Secretary may grant permission whenever he finds work covered by this contract shall he paid requirements of Federal. State, or local law, -such as that: unconditionally and not less often than ~e~t~we each Federal or State withholding income taxes and to) The contractor. SL~b~contr~act~o~r, or any affiliated week, ~i~s~s~i~sd w~ithout~sub~s~equ~o~int deduction or reb~b~teo~n Federal social security taxes. person does not make ~;~: profit or benefit directly or any account (except such payroll deductions at. are ~(b~i Any deduction of ~sum~i previously paid ~to the indirectly from tile d~e~d~-~ict~i~on either in the form or~a made mandatory by law and such other payroll mpl~ay~er as a b~o~i~n~a fide prepayment of wages when commission, dividend. nr otherwise. deductions as are permitted by Lite applicable such prepayment to mail#- without discount or ~(Its The deduction is n~u~t otherwise p~r~o~lub~it~e~d by regulations issued by ~theSe~cr~e~t~a~ry or~Labc~or~, United interest. A -bone fide prepayment of' wages" ~i~s ~l~aw State, Department or Labor. pursuant to the considered ~t~o~p have been m~ide only when cash or Its ~(~c~l Tile d~eductinn is either Ili ~v~olunt~ar ll~y A~n~t~i~-~K~ick~b~ack Act hereinafter ~identif~l~e~d~t~. the full equivalent loss been ~a~d~%~anced to the person c~o~n,~;~e~nted to ~by t~he employee in writing and in ~- mount du~e at time of payment computed at wage employed in such manner as to give ~lum complete advance of t~he period in Which tile work is to b ~.~e done arates nut ~I~t~-~s~a titan those contained in the wage ~f~r~e~e~cl~un~i ~n~f disposition of the advanced funds. and such consent is not a condition either for tile d~e~t~ern~i ~an~a~t~ion decision of said Secretary of Labor I a ice Any deduction or amounts required by court obtaining of ~e~n~ip~f~f~iym~e~t~i~t or i~ts continuance, or ~(21 copy of which is attached ~and herein incorporated ~b~y process ~i~n be paid t~o another, unless the deduction ~i~s provided ~f~ar ~I~l~i u Now~, fide collective bargaining re~f~er~enc~e~i. reg~ard~le~s~s~or~any~contr~ac~tu~M relationship in favor of the contractor. ~su~b~c~o~nt~eac~t~ur or any agreement between tilt. Contractor or s~u~l~)co~r~s~Erac~t~or which ~m~ay be alleged t~oe~xis~tb~etween ~th~eContract~or affiliated person. or when c~0lu~s~io~n or collaboration and representative. ~o~f Its employees; and or any subcontractor and such laborers and ~e~x~i~s~t~~11~1. ~(d~p T~he deduction serves the convenience and ~m~echanic~b~ All laborers and mechanics employed ~qW~o Any d~e~t~l~act~ion constituting a contribution on interest of ~t~he employee upon such work shall be paid in cash. except that behalf of Lite persons ~c~o~np~l~oy~ed to funds established Sect ~i~o~n 3.7 Ap~l~i~l ~wa~ti~on for the approval of the payment ~may be by check ~ifth~e employer provides or by the employer or representatives of employees. or Secretary of Labor secures satisfactory facilities approved by th~e~Ow~n~e~r both, for ~t~he purpose of providing either front Any application f~t~.~r the making of payroll for ~the cd~sh~i ng of the some w~ithou~t~e~as~t or expense to principal or ~i~t ~ic~o~u~te. or butts. :tied scat or hu~sp~it~^1 care, deductions t~-nd~er Sec 36 shall comply with t~he the emp~l~uyee~. For the purpose of this clause. ~p~:n~si~on~sor~a~nnu~it~i~e~son r~e~nrem~en~t~. death benefits. requirements prescribed in t~he following paragraphs contributions made or costs reasonably anticipated compensation for injuries, illness, accidents. of this section: under Section ~I~(~b~)~(2~i of the Davis-Bacon Act on sickness. or disability, or ~f~-~.r insurance to prov~-de any in) The ~app~i ~ica~L~io~n s~l.a~l~l~be in writing arid shall be behalf or ~l~ahorer~s or mechanics ~a~re considered wages ~t~he foregoing. or unemployment benefits. vacation addressed to the ~S~ecret~z~,ry of Labor. paid t~o~, such laborers or mechanics. subject to the pay. savings accounts. or similar payments for tile ~(Its The application ~t~n~all identify the contract ~c~or provisions ~o~fSect~i~-~)n~S.~S~ta~)~i~l~i~iiv~)ofTi~t~le29~. Co~d~eo~f benefit of employees, their f~umil~ies and dependents; contracts under which ~i~h~e work in question is to lie ~F~o~c~-~f~er~a~l ~R~egu~l~atio~qs~t~s Also for the purpose or this ~r~u~r~id~e~c~l~. however, That the following standards are per~f~arm~ed. Permission ill be given for deductions CI~ZIU~.~q@. regular contributions made or c~ust~s incurred met: (I The deduction is nut otherwise prohibited by o~u~ly o~n specific. ~ident~a~l-~d contracts. upon a for rn~ore than a weekly period under plans, funds, oi- La.; ~1~2~, ~it ~I~,~, ~,~,h~er: us ~Vo~l~o~.~-n~1ar~i~ly consented to by showing of exceptional circumstances programs~, b~uLcoveri~n~g the particular weekly period. tn~e employee in writing and in ad% ~ance of the period ~l~e~t The ap~l~i~l~w~A~t~i~on s~la~l~l state affirmatively that are deemed to be c~an~struc~t~iv~ely, made or incurred in which t~he work ~is ~t~o be d~a~ne and such consent is there is compliance with tile standards set forth in during such weekly period. not a condition either fur the obtaining of or for the the provisions of Sec. ~3 ~6 The affirmation shall be ~UN~DE~R~I~DAY~I~N~IE~S~-1~7S OF WAGES OR continuation ~of~empl~n~yment~. or ~Ii~i~i, provided ~h~ir in a accompanied by a full statement of ~tne facts SALARIES bona fide ~c~,~,~I~lt~ct~,~,e b~arg~.~,n~a~ig agreement b~,~-~-~Lw~-~-~- indicating such comp~i~n nc~e lit came of underpayment of wages by the the contractor or su~bcon~tr~act~ar and representatives ~Id~i The application ~, ~w~i~l include a description or Contractor or by any subcontractor to laborer~. or of its ~tr~np~!~s~syee~s. ~13~1 no p~r~i~f~a or (other benefit is the pr~a~l~in.~%ed dt.~,duct~i~u~r~. t~he ~l~o~s~s-~p~o~se t~a, be served mechanics emp~!~oyed by the Contractor or otherwise ohtu~in~ed~. directly or ~ind~s~i~ectly~, by ~t~he ~c~O~n~tr~actur or u~l~lc~e~s~a~itr~ac~wr ~.-~)r any affiliated person thereby, and the cl~a~s~.~@~@ of laborers ~t~ir mechanics ~su~l~t~c~un~tr~ac~t~ar upon the work covered by this .~1 fruits whose wages the ~pr~op~w~i~ed d~t~4tuc~t~i~on would be Contract. the Owner in addition to such other rights n the form ~f~i~t c~omm~i~s~s~inn. dividend, or otherwise. made a, may be afforded it under this Contract shall and ~t4~i t~h~t~. deductions shall ~e~r~%~e t~he convenience ~le~t ~Th~e~-~a~pp~l~i~c~at~k~on ~@ha~ll state t~he name and ~w~l~thh~u~ld fru~rn t~he C~ontrac~t~A~ir~, out or any payments anot interest of the em~p~In~v~e~e. b~i~as~in~e.~.~, of sissy ~t~h.r~.~1 -r~,~m~, ~t., whom a~ny funds due tile Contractor, so much thereof a~m the Owner i~t~s Any deduction ~c~ontributi~t~i~g toward tile obtained front the ~I~-r~,~,~;-~@~e~d d~e~dUL~L~iun~, are to he ~ay c~on~s~id~o,r n~ec~e~b~-~sary to pay such laborers or purch~a~seo~f United States D~e~f~en~s~e~Stan~ip~sa~ud Bonds transmitted and t~he ion of such p~rr~.~-,~u~s~i~, if any. ~i~n when voluntarily authorized by tl~qit employee with the ~u~p~p~l~i~c~a~l~'~t mechanics tile full amount. orw~age~s r~equi~r~edby this ~ir~, Any deduction r~e~(~i~t~i~e~s~t~e~d by ~t~he employee to C~u~i~ara~ct The ~n~i~t~i~o~unt ~b~o withheld maybe disbursed enable him ~qi~qt~q) repay loans ~qw or t~qo~q) purchase shire.- in ~S~qe~qc~qt~qwn ~:~18 A~qct~qi~qm~q, by ~qi~t.~q,- ~S,~qcr,~qt~qary of I~qmb~qur u~qp~qin by the O~qw~qn~qe.. for arid on account or the Contractor or credit unions orgar~qu~qmd and operated in accordance ~qa~qp~qi~qd ~qo~qr~qa~qt~qi~qs~qi~qn~qs ~qt~qh~qe ~q*u~ql~q-~qc~qi~qmtr~qact~qi~qrr ~q(~qo~qs~q@ may he appropriate). to the with Federal and St~qd~qt~qe credit union statutes. T~qh~qt Secretary ~quf ~qI~q.~qA-~q! ~qI~q.~qA~ql d~qe~qc.~qd~qo: h~qet~ql~q,er ~qor ~qt~qm~qt r~qe.~ql~qwct~qi~q-e l~qa~qh~qarer~qt~q,r mechanics to whom the~qx~qa~qm~qe is ~qi~qg~q, A~qny deduction ~qv~qi~qt~qlun~qt~qir~qtly authorized by the t~qhe requested d~qed~qt~qi~q@~qt-~qs~q, is ~q:~q"~q-r~q1~qT~q1~qo-~qo~qbI~qv u~qud~q.~q-r due~qor~qr~qu~qt ~qt~qh~qe~qir~qb~qe~ql~qi~qa~ql~q; t~qo~q) plans, ~qf~qund~qs.~qorp~qr~q.~q,~qgr~qa~qm~q4 for employee ~qf~qur the making of contr~qi~ql~qi~qt~qs~2qw~qi~qn~qs to provisions of~qS~qe~qc ~q:~q1 ~qn. ~qbl~qi~qa~ql~ql n~q,~q.t~qi~qjy th~q,~q.~q- applicant any type uf~qf~qr~qin~qg~qe ben efit prescribed in the applicable governmental or ~qt~qi~qt~qia~qs~qi gin ~qernm~qent~qd~qi agencies. ~qs~qt~qich in writing of Isis d~qm~q,~qs-~qr~q! wage determination~. as t~qhe A~qm~qvr~qi~qc~q.~qon Red Cm~qs~qs ~qS~qect~qw~qi~qt 3 9 Prohibited ~qp~qa~qy~qn~q-~q1~q1 d~qo~q-d~qi~qk~qct~qi~qn~qu~q, ANTIC~qI~qI~qIA rED COSTS OF FRINGE ~qth~qo Any d~qo~qdu~qct~qim~qi ~q%~qo~qlunt~q-~qtrily ~qa~qt~qi~qt~qhori~qz~qed Is tile D~qed~qt~qa~qct~qim~qi~qs not ~qr~q6~qc~q%~ql~qi~qer~qe ~qpr~qa% tiled ~qf~qur 1~q-~qy th~qi~qb ~q1~qk~qirt BENEFITS employee ~q1~q,~q,r the making of contributions to and which tire not ~qh~qou~qi~qi~q,~q! I~q,~q, he p~qern~qa~qi~qs~qs~qi~qbl~qe under ~qS~qc~qv~q. If ~qt~qhe Contractor d~qces not make payments to a ~0 third ~p~a~,~,~i~an~, ~l~ie ~m~ay c~on~a~ide~r ~t~o~l~, part h~e~afth ~and ~s~"~', y. ~i~ts d~,~-~i~t~-r~i~n~i~v~a~r~d ~und~erco~n~s~tr~uct~i~o~n. ~EM P~L~OYM ~FN~T OF CERTAIN PERSONS of~th~e w~ig~t~@~* orally ~l~a~t~a~irer~i~b~ir ~in~t~-~ch~mn~ic ~t~he *amount or S~af~t~-L~) a~nd health standards promulgated by ~i~t~.~,~- ~I~'~l~l.~0~1~11~1~1~S~ITED any costs ~t~e~a~s~ur~t~a~bly ~a~nt~sc~i~l~;ut~ed in providing fringe Secretary (if Labor. These re~qu~ir~ement~Sdo not ~o~p~p~ly ~N~a~l ~p~rr~s~i~m under ~t~h~e ag~e ~o~l~'~s~i~xt~e~en years and r~a~t~t~ ~b~en~t~-f~i~t~s u~t~id~er a plan or program of a type expressly to the l~i~tt~a-ch~a~s~e~s of ~su~p~p~l ~ie~s or materials or articles ~F~*r~s~on w~h~o.at ~t~h~e~l~i~me~. ~i~4~ser~i~t~ing sentence its a penal listed ~t~i~t tile wage determination decision of t~h~e ordinarily available on Lite open ~m~a~irke~t. or ~o~-r~i~e~c~t~i~o~n~al institution ~bl~i~all be ~er~uploy~cd ~ar~t the, Secretary of Labor which i~s ~a part of this C~o~n~truc~t: work covered by this Contract. ~I~lr~o~vid~ed, however. the Secretary or Labor has found. E~b~IPL~OYM~ENT OF EMPLOYMENT OF LABORERS OR upon th~e written request of tile Contractor, that die A~P~P~RENTICE~S~tr~ItA~INE~E~S MECHANICS NOT LISTED IN AFORESAID applicable standards of tile ~D~b~v~is~-B~acc~an Ac~t have A. Apprentices WAGE DETERMINATION DECISION been m~et~. The Secretary of Labor ~may require the Apprentices will be p~trn~i~at~ed ~t~o work at ~1~._~@~b titan A~ny class of laborers or mechanics which ~i~s not Contractor to sail aside in a ~sepr~at~. account assets the predetermined rate for the ~%~u~t k they ~1~wrl~br~in~ed ~Ir~mt~-d in the wage determination and which i~s to be for the meeting of obligations under the plan or when they ire emp~l~o~y~e~d~'~dr~ad ~in~d~i~i, ~idu~ally registered ~tn~i~p~l~i~t~yed under the Contract will he classified or program. A copy of any findings made by the in a b~una fide apprenticeship program registered reclassified conformably to t~he wage determination Secretary ~of~f.~abor in respect to fringe b~enefit~sbeing with t~he U.S. Department o~l' Labor, Manpower ~t~oy the Owner. and u report of tile action taken shall prov tied by the Contractor must be submitted to the Administration, Bureau o~f Appr~ent~ice~t~a~l~t~sp and ~l~ie submitted by the Owner Owner with the first p~syr~ol I filed by the Contractor Tr~ain~;ng. or with a S~L~at~e Apprenticeship Agency to ~d~ie Secretary of subsequent t~o receipt of the find ~ing~s~. recognized by the Bureau. or ~i~r~e person is employed Labor~. United States Department of Labor. In the CONTRACT WORK ~I~I~O~UR~S AND SAFETY in ~his first 90 days of probationary employment total an event the interested parties cannot agree an the ~s~T~AN~UA~RD~S ACT PROVISIONS apprentice i~n such ~on a~ppr~e~i~n~ic~esh~ip program, wh~o is proper classification or reclassification of a not ~on~-~i~iv~idu~a~l~ly registered ~i~n tile ~f~l~a~n~i~gr~am~, bill w~ilu ~1~,~,~irt~ic~t.la~rc~l~a~:~is~u~f~lab~o~te~r~sa~t~id me~a~c~h~a~t~i~v~a~rst~a~b~ous~e~d. The Co~s~itract~or, if tile cuntr~act is in excess of has b~a-en certified by the Bureau o~l~'Appr~ent~ice~sh~ip tile question accompanied by the recommendation of $2~.~00~0. and tiny of his subcontractors, shall comply and Training or a ~S~@~at~o~e Apprenticeship Agency t~1w Owner shall be referred with ~S~t~ct~:on~s 103 and 10~7~, of the Contract Work (wher~.~- ~appr~opri~at~e~i to be eligible ~for probationary to the Secretary of flours and Safety Standards Act 140 U~S~C327-332~i~ns employment ~a~san app~a~-~un~t~ice.~,r~h~e allowable ratio ~a~l~l~* ~i.~ah.~.r for final determination. su~ppleme~qm~ed by Department of Labor Regulations a~p~p~r~e~nt~i~ct~st~oj~i~t~aurn~ey~e~ner~t in a~ny cr~u~ftcl~a~ssif~ic~atiun contained in 29 CF~R Part 5. shall ~l~ot be greater than tile ratio permitted to the FRINGE I~I~ENEF~IT~S NOT EXPRESSED AS A. Overtime. Requirements c~hr~a~tr~oct~D~a~r ~as to his entire work force under ~L~h~e HOURLY WAGE RATES N~o~Co~i~ttr~ict~i~)rorst~ib~c~(~,ntr~i~%~A~:~u~@r~contr~i~ictis~ig f~or~any regi~st~t~-r~ed prn~gr~a~i~n. A~v~'y ~V~in~p~l~"~y~e~e ~h~a~t~t~edun ~a payrull ~7~1~w ~Ow~n~r~i -;hall require. w~he~w-v~er tile ~i~nin~imun~t part of till- contract work which ~m~ay require ~a~ir at ~s~i~t apprentice wage r~m~c. wh~a is not ~i~t trainee ~i~t~- ~v~d~g~e r~.~,~W prescribed in till.- Cun~tr~ac~t fair d ~c~l~a~o~s~s of involve the employment of ~l~a~b~o~ir~er~s air mechanics, defined in ~su~b~div~o~4~s~t~in It ~i~f tills ~s~i~lb~i~b~i~t~ara~gr~a~p~l~o or is ~I~,~b~or~,-r~sur rn~ech~un~t~c~!~i ~i~nclude~s~a ~fr~ing~e~l~l~e~n~el~i~e which including watchmen and guards, s~l~i~oll r~aquire or not registered ~orc~atherv~i~b~e employed ~a~s~m~a~t~ed abo~%~e~, 1~6 f~i~.~a. ~e~xpr~q"~r~wd ~a~b an hourly wage rule and the p~er~in~it ~any laborer or mechanic in any work week in shall be p~a~t~il t~he wage note determined by tile C~o~nt r~a~ct~i~tr is Uhl ~l~l~:~at~ed ~t~o pay Cash equal a~le~nt ~of'~suc~h which ~l~ie ~is ~e~n~a~ployed on such work top work ~t~i~t excess Secretary of ~L~abur ~1~1~ir the ~c~h~u~s~il~i~c~a~t~i~on ~d work ~I~t~,~- ~i~t fringe b~e~n~t~-f~it, ~o~i~l h~-urly cast- equivalent thereof to o~f`~8 hours in any calendar day or in except,; o~f4~0 flours actually performed. T~I~.~e c~o~n~t~r~a~rt~ur or ~su~b~c~on~trac~tA~ir ~I~-~e ~e~st~a~i~ll~i~shed. In tile event the interested parties in such work week, unless such laborer or mechanic will be required t~o furnish t~o, t~he contracting officer cu~tm~ot agree upon ~i~t cash equivalent o~f~th~e fringe receives c~omp~t~en.~4~ation at a rate ~not ~l~m~i~t~t~h~o~n one and or a r~epr~e~l~i~en~t~a~t~iv~o~c ~o~f the Wage I lour ~D~i~v~j~b~i~,~?~n ~or~ow ~b~e~n~v~f~u~. the question. accompanied ~f~ly the one-half tunes his basic rate of pay for all hours US. Department of ~L~a~l-r written ~e%~id~en~ce of t~i~t~%~: ~ar~e~c~o~n~t~i~n~end~a~t~i~o~n of the Owner. ~ah~all be referred worked inexcp~s~so~(~d hours in any calendar d~ay or in regi~btr~at~ion of his pr~o~qgr~a~in ~or~u~l apprentices a. well ~a~s excess o~f4~0 hours in such workweek, as the case may the appropriate ra~t~i~ns and wage rates ~l~expr~ev~s~ed in to the Secretary of Labor for be. percentages ~a~i~r the journeyman hourly rates', for tile d~vt~er~sn~an~a~t~iun~. B. Violation: Liability For Unpaid area ~o~'c~o~n~s~tructi~on prior to ~u~s~tr~a~g~any apprentices ~on ~I~*O~s~T~IN~G WAGF DETERMINATION W~a~g~r~a~t Liquidated Damages the contract ~l~o~t~-~rk. T~h~e wage rate paid ~al~o~pr~ent~i~ce~s DECISIONS AND AUTHORIZED WAGE In the event ~or ~a~ny violation of tile ci~nu~a,~,~c~i~et ~r~a~t~i~-t~i~, shall toe not less than t~h~p ~ap~p~i u~l~or~i~a~t~e ~l~w~or~r~e~ut~t~ag~e of DEDUCTIONS Lite j~o~-~ir~ney~n~i~an~'~s late contained in the applicable The ~i~p~p~l~ic~a~b~le wage p~a~t-~ler of the ~1~4~t~cre~l~ar~y of ~q1~qb in paragraph A. the Contractor and tiny ~g~e ~d~r~i~erm~inat~iun. ~bubcontrac~t~t~,r responsible therefor shall be ~J~!ub~le to wa Labor. United Stairs Department of Labor. and the any ~off~e~c~t~o~ed employee for his unpaid wages In ~H~ Trainees ~al~-p~l~i~vab~le wage determination decisions or said addition, such Contr~uc~i~nr and ~s~u~b~L~o~ntract~or ~o~b~all be Except as provided ~i~t~) 29 CFR 5.15. tr~a~t~io~c~e~.~N wail Secretary of' Lu~bor with respect to the various liable to tile United States for liquidated damages. not be permitted t~o work ~at less t~h~a~s~, t~t~i~t~. c~'~i~t~s~s~i~f~i~c~at~i~on~s of laborers land mechanics employed Such l~iqu~i~cla~wd d~arr~ia~ge~s shall b~e computed with predetermined rate fair the work performed unless w~id to be employed upon t~he work covered by this respect to ~e~3~ch individual l~at~iorer or mechanic they are employed p~ur~,t,~an~t to and individually Contract. and a~s~t~a~t~r~u~i~en~t ~s~h~ow~ing~a~l~l d-~d~u~rt~ion~s~. if employed in violations of the c~i~at~i~se s~et firth in re~g~i~s~t~ered in a program which ~l~i~a~s received ~pr~a~t~or ~a~l~i~j. ~t~i~t acc~,~ard~an~c~e will, air ~v~r~s~.~% ~i~s~ion~s ~or this paragraph A. in tile S~a~In~t 0~1~'~$~10 ~f~or Coach calendar day approval. ~c~% ide~nced ~t~oy ~l~o~w~i~t~i~a~l ~i ~.~-~a ~i ~ifi~v~at~u~on~, by Lite Contract, ~t~o be ~l~u~a~de from wages actually earned by on which such employee was required ~or ~1wr~in~i~t~t~ed to ~U ~@~s Department of ~I..~a-r~, Manpower persons tit, employed or (A~t b~i~t ~O~r~npl~o~)~ed in such work ~t~i~t excess ~o~f~m hours or in excess of tile ~btu~i~u~lard Administration. Bureau of Apprenticeship anti ~C~;~a~i~a~o~if~tc~ot tons, Lit-all be posted at appropriate work week of 40 hours with~ot~at payment of the Training. Tile ratio of trainees to journeymen shall c~-~)~t~t~i~p~tcu~ous ~1,~0~1r~at~i~a at the ~f~lte of the work. overtime wages required by the clause set forth i~n rant be greater than ~p~ern~s~itted tinder t~he titan COMPLAINTS. ~1~1~1~to~C~EED~ING~S~. OR paragraph A a~ppr~u~vt~-d by Lite Bureau ~a~l~l Apprenticeship anti TESTIMONY BY EMPLOYEES C. Withholding For Liquidated Damages Training. Every trainer. ~i~n~u~s~t he paid at nut le~s~s~t~li~an No laborer or m~e~c~h~a~n~oc ~i~t~, whor~n the wage. ~s~al~t~u~ry~, the rate specified in t~h~L ~app~r~o~%~ed program f~r~ar h~i~s or other ~l~ah~nr standards p~r~o~,~.~s~ion~s of this Contract The Owner shall wi~t~l~ah~n~ld~,~,r cause tat be w~i~!hhe~ld~, level ~c~l~'pr~o~gre~s~s. Any ~en~i~p~l~i~oye~e listed on the payroll are applicable shall be discharged or in any other from any moneys payable ~in account ~o~' work at a trainee r~at~i~e who ~i~s not registered ~a~nd Planner discriminated ~a~g~a~an~.~,t by the Contractor or performed by the Contractor ~(~or s~t~a~b~L~o~i~t~tr~act~ar~s, such p~nr~t~ic~spa~t~ing in a trainee plan approved by the uny subcontractor because such employee ~has filed sums as ~m~ay administratively he determined to be ~Bur~e~a~j ol'Appre~ntice~s~h~ip and ~I~'~V~i~l~l-~1~9 shall be Paid ~a~t~a~v complaint or ~int~itu~t~e~d ~n~orc~au~s~ed t~o~i~bein~s~t~i~luted necessary t~o~w~i~ti~b~l~qy any ~It~a~bi~l~i~tie~%o~l'~suc~l~iCu~ntr~act~or not less than the wage r~at~i- determined by the ~a~l~l'~Y ~pr~,~@-~-~d~in~g ~or~h~a~st~e~.~,~t~i~f~i~e~clor is about~t~i~n t~oe~st~i~fy~i~n or 3ubc~ontr~act~ir for liquidated ~d~i~m~a~g~e~s as provided Secretary of Labor fur the c~l~.~s~i~mt~icat~inn of wurk tic ~on~y ~j~or~o~c~et~-~d~i~t~i~g tinder or relating t~i~t tile labor in the clause ~b~o~et forth in paragraph If actually ~p~erf~o~w~i~n~ed ~'I'~l~i~v cu~n~tr~a~o.~i~i~-~c ~or ~s~t~i~b~c~@~pr~itr~a~ctt~l~r ~b~%~t~i~t~-~l~-~i~n~k ~j~i~l~ip~lw~a~ble under this Contract ~9~0 his D Su~b~ar~t ... ~Ir~ac~l~s will be ~r~c~quir~c~al ~i~n f~ur~n~a~bh (lie c~o~intra~c~t~i~n~g ~of~f~i~c~erc~ar~a ~e ~n~p~!~,~@~t~o~e~f ~r ~S ~E %ING ~- Th Contractor shall insert ~t~i~t any ~u~l~w~ontra~ct tile r~e~pr~e~,~v~i~tt~at~,v~e ~t~i~t till: WOW~- ~I~f~- D~1~% ~'~A~f~f~-~I~l~o~t the ~t~' ~6 ( LA~IM~S AND D~I~S~I~'~t~" E~. 1~1 ~ItTAI 1~7~0 cl~qau~qs~qts ~qa~qc~qt forth in p~qar~qagr~qi~qo~qp~qh~qs A. It ~q.~q-~q,~qa~ql~ql ~qC of this D~qep~qa~qi t~qi~qn~qcr~qat ~qof La~ql~qs~qi~q-r ~q% ~qa ~qa ~qa ~qi~qt ~qv~q% ~qid~qi-~qt~qic~qe of t~qh~qo~q. ~q%~q%~q*A~q(~q;~qE RATES Section and also a clause requiring t~qh~qe certification ~qof~qf~qo~qis ~qp~qi~q.~q,~qg~qi~qa~qm~q, t~qi~qt.~q- r~qc~qg~qi~q.~q,~qtr~qdt~qi~qon ~qt~qi~qt ~qti~qt,~q- ~4q0.~qom, land d~qi~qs~qp~qt~qit~qe~qs ~4qWrta~qin~qing towage rates or to ~qSu~ql~qa~qc~qt~qo~qltr~qact~qi~qo~qm t~qi~qt include t~qi~qt~4q" c~qla~qu~qs~qez in any lower tra~qi~qn~qe~q!~qs. ~qa~qnd the r~qat~qi-~qa~qnd wag.: ra~qt- pr-~qcr~qi~qb~qed tit of ~ql~qa~qb~qa~qrer~q, and mechanics ~qe~qmp~qh~qa~qyed tier ~qsu~qbc~qo~qnt~qi ~qa~qct~qs~qi~qo~ql~qt~quch they ~qm~qay enter into,, ~qt~qo~qng~qet~qh~qe~qr that ~qor~qogr~qam In tile ~qt~q:~q%er~qi~qt r~qh~qr Bureau of u~qp~qi~q-~qi~qi ~qt~qi~q-~qe work ~qc~qm~qer-~qo ~qh~qv ~qt~qh~qu~q, ~qC~qontr~quct. shall be ith a ~qcl~qa~qo~qi~qe requiring this insertion in any ~qtur~qt~ql~qb~qt~q.~q-~qr Appr~qe ~qit~qi~qc~qe~q,~q,h~qip ~q-~q.~qan~qd Train~qi~qs~qi~qg w~qi~ql~ql~qi~qt~qh~qaw.~q, ~qt~qo~qp~ql~qi~6qm~q, ai of ~qp~qn~qo~q-~qn~qi~qa~qtly r~qep~qt~q)r~qt~qA ~qb~q) ~qt~qh~qe~qC~qo~qn~qt~qra~qc~qt~qior ~qinwr~qat~qin~qgt~qo~qth~qe subcontracts that ~qmay ~qt~qi~qt turn be made a training ~ql~qir~qt~qagram. t~ql~qi~qt: c~qo~qn~qtr~qac~qw~qt- will ~qt~qi~qt; ~qi~qt~qi~qn~qg~qer ~qt~qit: ~qO~q@n~qvr for referral by the la~qt~qi~qrr ~qE. N~qo laborer or mechanic shall ~ql~qie r~qe~qq~quir~qt~. I it) permitted ~qi~qn totalize trainee~q, ~qat less t~ql~q.~qan 'he ~qt~q,~q)~q?~qI~ql~qe work ~qti~qt ~qa~qt~qirr~qu~qt~qind~qi~qn~qg~qs or un~qt~ql~qer walking ~qc~qi~qi~qn~qd~qi~qt ~ql~qi~qs applicable pr~qed~qt~q:~qt~qt~q-rm~qm~qvd rate I or the ~q%~q%~qt~qi~qik ~qS~qvc~qn~q-~qt~q.~qory of L~qa~ql~qi~qt~qor~q, ~qt~q'r~qu~qird S~qt~qi~qt~qt~qe~qs Department of which are ~qu~qn~qn~qan~qitary~q, hazardous or d~qa~qng~qe~qt~qt~qiu~qs to tits ~qt~qw~qi-f~qorr~qa~qt~qed until an acceptable ~qp~qr~q"~qg~ql~q.~q'~qm I., ~qa~qp~q'~q.~qr~qo~qa~qv~q.~q-~qd Labor. ~q@~qh~qo~qs~qc d~qu~qc~qi~qm~qon shall be final with r~qe~qs~qI~qv~qi~qct ~0 Ih~r~r~t-~1. the~Contract~or or by any ~w~i~b~ir~ontract~o~r~. ~sh~al I, for the ~- managerial ~ar usher such services. other than actual ~4~q1~1J~E~S~T~I~ON~S C~ONC~FH~NING cE~i~t~-rA~IN pur~l~i~t~m~es ~of t~h~i~z~i Contract~. and wi~t~b~a~"~t limiting the solicitation. are ~n~ot hereby prohibited ~ifo~therw~i~s~e FEDERAL ~S~qMA~qn~qa~qv~; AND REGULATIONS generality of the foregoing provisions of this eligible as program c~o~"s. All q~w~-~st~ion~s arising tinder this Contract w~l~uch C~ant~ac~t~, be deemed ti- be work ~to which these Standard Federal Equal Employment relate to t~he application ~a~t~* interpretation of ~(a~t t~h~e Federal Labor Standards Provisions are applicable. Opportunity Construction Contract aforesaid Anti-Kickback Act, ~4b~) the Contract Musk INELIGIBLE ~su~Bco~N~qn~tACTO~R~S Specifications ~(Executive Order 11248~) flours ~and Safety Standard. Act, ~(c~) the aforesaid The Contractor shell not subcontract any part of In addition to the clause described above. all Dav~is-~B~acon Act. ~(d~) the regulations issued by the the work covered by this Contract or permit Federal co~nt~n~i~cLi~n~g Officers. all applicants and all Secretary of Labor. United States Department of subcontracted work to be further subcontracted ~r~i~onC~on~btructi~on contractors. as applicable, shall Labor, pursuant to said Acts. or ~(e~) the labor without the Owner's prior written approval of the include the ~bpec~i~f~icat~ions set forth in this section. as ~192q: ~tandard~s provisions of any other pertinent Federal subcontractor The Owner will not approve any Attachment to the General Terms and Conditions, in ~;64qa~tu~c~e~. shall be referred, subcontractor for work covered by this Contract who all Federal and federally assisted construction to the ~i~s at the time ineligible under the provisions of any contracts in excess of ~1~1~1~0~.~0~D~O to be performed in Secretary of Labor. United States Department of applicable regulations issued by the Secretary of geographical areas designated by the Director Labor. for said Secretary's appropriate ruling or Labor, U~s~si~t~i~al States Department of Labor or pursuant to 60~-4.6 of the Affirmative Action interpretation which shall be authoritative and ~may to Requ ~treme~nt~s - Construction Contractors - and in be relied upon for the purposes of this Contract. receive a~r~t award of such subcontract. construction subcontracts in excess of $10.000 PAYROLLSAND BASIC PAYROLLREC~O~R~DS ~qP~R~OV~IS~I~ONST~O ~HE INCLUDED IN C~E~f~r~rA~IN necessary in whole or in part to ~t~he performance of OF CONTRACTOR AND SUBCONTRACTS n~oncon~struct~ion Federal c~on~tr~act~a and subcontracts SUBCONTRACTORS The Contractor shall include or cause to be covered under t~he Executive Order. The Contractor and each subcontractor shall included in each subcontract covering tiny of the Notice of Requirement for Affir~qma~Li~v~t Action to prepare ~l~as payrolls an forma satisfactory to and in work covered by this Contract, prov ~isio~ns which are Ensure Equal Employment Opportunities accordance with instructions to be furnished by the consistent with these Federal Labor Standards The notice contained in ~th~e advertisement for bid. Owner. The Contractor shall submit weekly to ~the Provisions and also is clause requiring the ~-~i nd as c~i~n~i~t~ained herein ~a~s attachment to the General Owner two certified copies of all payrolls of the subcontractors to include such provisions in any Terms and Conditions, sets forth goals and C~o~ntracu~ir a~nd of the subcontractors. it being lower tier subcontracts which they may enter into, ~nm~ctab~l~t~, for minority and female participation, as understood that the Contractor shall be responsible together with a clause requiring such insertion in well a~s~c~an~tr~actor~and su~b~contr~act~orr~i~t~spo~nsibili~tie~s. for the ~ou~bm~iss~ion of' copies of payrolls of all any further subcontracts t~hat may in turn be ~i~n~dd~e~. PENNSYLVANIA STEEL PRODUCTS subcontractors Each such payroll shall contain the BREACH OF FOREGOING FEDERAL LABOR PROCUREMENT ACT (No. 1~97~&3~1 "Weekly S~tutem~ent of Compliance" se~t forth in STANDARDS PH~OV~I~S~I~ONS It any steel products are to be used or supplied in Section 3 3 ~of Title 29. Code ~or Federal Regulations. In addition to the c~i~tu~s~e~s for termination of t~b~i~s the ~f~e~r~f~or~m~ance or the contract. only steel products The payrolls and basic payroll records of the Cont~,~ac~t as herein or ~e~6ew~h~er~e set ~r~urt~h~. t lie Owner ~pruduc~ed in the United S~t~ate~a shall be used or Con~tr~a~qm~i~r and each ~st~s~hc~nntr~actor covering "I reserves the right to terminate this Contract if the supplied in the performance of the contract or any laborers and mechanics employed upon the work Contractor ~er any ~s~u~b~c~m~i~tract~or whuse s~i~A~b~con~tr~act ~s~t~ibc~ontr~i~ct~s thereunder. This provision shall not covered by this Contract shall he maintained during covers any of the work c~o% ~er~ed by thi~sC~on~tr~act ~shd~Il apply in any cus~e where the head of tile public the cuur~v~t ot~'~the work and preserved for a period on breach any of these Feder~ul ~Lahor Standards agency. in writing. determines that t~h~e type of steel years thereafter. Such payrolls and basic payroll Provisions. A breach of these Federal Labor products necessary to the performance of ~th~econtr~act records shall contain the name and address ofe~ach Standards Provisions ~n~t~ay also be grounds for are no( produced in the United States in sufficient such employee. his correct c~i~d~s~!~-~if~icat~ion~, rate Of P~ay debarment as provided by t~he applicable re~g~id~a~t~i~un~s quantities to meet the requirements of the contract. ~linc~ludin~t~; at~e~4~o~l~e~s~in~1r~,b~u~,~,on, ~Or costs anticipated issued by the Secretary or Lobar, United States ARCHITECTURAL BARRIERS ACT OF 196~8 of the types described in Section ~l~l~b~qQ~) of the Department of Labor. The Contractor is hereby made aware that any D~a~@ ~i~,~-~B~ac~o~n Act. daily and weekly number of hours LEAD-BASED PAINT HAZARD building or facility ~lo~ther than a privately Owned worked, ~c~ieduc~tion~a made, and actual wages paid In addition, whenever the~Sec~retary of Labor ~h~as f~a~t~ind The Contractor is ~h~er~e~b~v ~s~r~wci~l't~cally made a-are residential ~btr~u~c~tur~e, designed. constructed. or under Section 5.5~(~a~i~(~I~i(iv~i of T~at~le29~, Code of Federal or the ~le~ad-bas~ed paint regulations. 24 CFR. altered with f~u~n~4~s n~iad~e available under this part. Regulations. that the wages of any laborer or ~f~l~art.~35. which are applicable to the construction or shall comply with the requirements or the "American mechanic include the ~a~mom~it ~of~any costs reasonably reha~b~il~i~tat~i~on~o~f resident ~ia~l structures. To the extent St~in~d~ar~d Specifications for Make Buildings end anticipated in providing benefit.,; tinder a plan or that the subject matter of this contr3ct invokes ~F~ac~l~i~tt~l~e~.~, Accessible to. and U~su~ab~l~e by the program described in Section I ~lb~,~(2~0~1~0 of the r~e~.~,~id~cntia~l structure.-. t~l~i~@ Contractor will comply Physically I land ~xappe~d~.~" Number A-1 17.1 -R 197~). D~avis~-B~a~-~c~o~n Act, the Contractor or subcontractor ~w~, th the lead-bas~ed paint regulations. subject to the exceptions contained in 41 CF~R shall maintain records which show that the INT~F~REST OF ~qMEM HERS, OF~F~IC ~9~1~1~S~. OR Subpart 101~-19~~60~1 issued pursuant to the Commitment to provide such benefits is enforceable, EMPLOYEES OF PUBLIC BODY, ~A~qMM~I~)~F~U Architectural barriers Act of 1968.42 U.S.C. 4151. that the plan or progress& is financially responsible. OF LOCAL GOVERN ~fN~.G BODY OR OTHER NATIONAL FLOOD INSURANCE PROGRAM a~nd thatthe plan or program has been comm~an~ic~at~ed PUBLIC OFFICIALS The contractor is hereby made aware that projects in writing to the laborers or mechanics affected, and N~O member, officer, or employee or the Public assisted through the records which show the c~o~st~4 anticipated or t~he Body. or its de~s~ignee~t or agents. no member of the Grant Program shall comply with the Federal act ~A~s~s~il co~it ~inc ~urr~ed in providing such benefits. The governing body of the locality in which the program D~i~s~t~i~ster Protect~.~un Act of 19~73. Under that Act. no C~onL~ra~ct~er ~a~nd each su~b~c~on~tract~ur shall make his is situated, and no other public official o~f such Federal Agency ~or office shall approve any financial employment records with respect to persons locality or luc~al~iti~e~s who exercises any functions or ~a~s~s~i~st~w~i~c~e for acquisition or construction purposes as employed by ~h~a~n upon the work covered by the responsibilities with respect to the program during d~er~in~ed under section 3~ta~) of ~Lhe~s~iud act, ~on and after Contract available fur ~i~r~s~t~iec~t~in~n bv authorized his tenure or for one year thereafter, shall have any July 1, 1975~, ~t~or oneye~ar after& community ha~sbeen representatives of ~*nter~e~st~, direct or indirect, in any contract or formally ~n.t~i~f~t~ed of its identification ~s~u~s~* community the ~O.~n~er~. and the Un~it~t~-~1~1 ~su~b~c~,~a~itr~i~ict~, or the proceeds thereof. for work- to be contained ~i~n an area of special flood hazard. ~St~at~*~.~- Department of Labor Such ~r~epr~e~se~t~itat~i~%~u~s pe~r~f~i~,~rm~e~d in connection ~w~i~!~h the pr~ogr~un assisted whichever is later) for ~v~%e in any ~s-~A~s that has been shall he permitted to ~i~s~ite~ev3~ew employees ~or ~O~t~e un~@~er the A~gr~e~v~n~ie~nt id~e~nt~i~f~i~qM ~qb~l, Contractor or ~A~Af any subcontractor during working P~1~1~0~1~1~1~1~1~1T~I~ON ACA~INST PAYMENTS OF As ~tn area having special flood hazards *hours on the job. RON LIS OR C~qO~qN~qI~4qM~qSS~qI~qON un~qi~qr~qs the ~qcu~qr~qn~qr~qit~qin~qi~qty in which such an area ~q13 SPECIFIC COVERAGE OF CERTAIN TYPES ~q'r~qi~q,~qc assistance p~qr~qo~q@~qid-~qf under this Agreement ~q. ~q'~q;~q't~ql~q@a~qt~qe~qd ~qo then ~qpurt~qic~qi~qp~qa~qt~qin~qg in ~qthe National Flood OF WORK BY EMPLOYEES shall ~qi~qiut be used in the payment ~qI~q'~qf any b~qon~qt~qi~qf or ~qIn~qs~qi~q-r~qu~qt~qw~qo Program. The tr~qan~qs~qi~qt~qi~q-r~qt~qing of materials a~qnd supplies to ~qor commission for t~ql~q@~qe ~qpurp~qu~qse of u~qbt~q,~qi~qin~qi~qn~qg ~qRET~qF~qI~qNTION OF RECORDS front Lite site of the Project or Program ~qi~qn which this ~q@l~qi~qi~qa~qnc~qj~qjl records. supporting documents. Contract p~qe~qrt~qa ins by the employees or ~qt~ql~q,e Contractor other approval or concurrence of r~qe~q.~qlu~qir~qe~qd. ~qs~qt~q.~qa~qi~qs~q:~qich~qf rt~qv~qur~qd~qz. the environmental review records or of tiny ~qb~qa~qb~qc~q,~qa~qi~qtr~qact~qor, and the m~qanuf~qacturi~qt g or under this Agreement~q. r~qvq~qu:~q@~q,~qA by 2~q4 CYR 5~q8~11. and all other records furn~qi~q.~q%h~qin~qg of materials. articles. supplie~q,~q. or -rt~q!~qn~qe~qnt ~qG~q, ~qi~qt ~qe grant program shall be retained by equipment ~qc~qn the site of ~qt~qhe ~qP~qr~qn~8qj~qKt or I~qtr~qogr~qa. ~q, to Pru~qv~qa~ql~qrd. ~qh~qw~qo~qt~qr-~qr. the r~qo~qc p~qt~qen~qt ~q1~q@~q-r ~qa~ql~qt~qer~qi~qo~qdo~4qM~6qmey~qe~qu~qrs front t~qh~qed~qi~qs~qte which I h is Cunt rac~qt ~qpert~qa An ~q% by persons e~qi~qn~qt~q)~ql ~qoy~qe~qd by that ~qr~qe~qa~qs~qi~qon~qa~qbl~qe f~qr~qe~qsor~qb~qin~qa fide ~qt~qec~qhn~qic~qM ~qcon.~q,u~qlt~qan~qt ~qt~qi~qf~qd~q:~qe ~q@~qat~qn~qt~qi~qt~q@~q:~qi~qi~qo~qs~q% of the annual performance report. 1 16 GENERAL SPECIFICATIONS SPECIAL CONDITIONS 401. TIME FOR COMPLETION The work which the Contractor is required to perform under this Contract shall be commenced at the time stipulated by the local Public Agency in the Notice to Proceed to the Contractor and shall be fully completed on or before 402. LIQUIDATED DAtIAGES As actual damages for any delay in completion of the work which the Con- tractor is required to perform under this Contract are impossible of deter- mination, the Contractor and his Sureties shall be liable for and shall pay to the Local Public Agency the sum of Fifty Dollars ($50.00 ') as fixed, agreed and liquidated damages for each calendar day of delay from fhe above stipulated for completion, or as notified in accordance with Section 109 hereof, until such work is satisfactorily completed and accepted. 403. RESPONSIBILITIES OF CONTRACTOR Except as otherwise specifically stated in the Contract Documents and Technical Specifications, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, heat, power, transporta- tion, superintendence, temporary construction of every nature, charges, levies, fees, or other expenses and all other services and facilities of every nature whatsoever necessary for the performance of the Contract and to deliver all Improvements embraced in this Contract complete in every respect within the specified time. 404. COMMUNICATIONS a. All notices, demands, requests, instructions, approvals, proposals, and claims must be in writing. b. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the office of the Contractor stated on the Signature page of the Agreement (or at such other office as the Contractor may from time to time designate in writing to the Local Public Agency), or if deposited in the United States mail in a sealed, postage-prepaid envelope, or delivered with charges prepaid to any telegraph company for transmission, in each case addressed to such office. SC-1 c . All papers required to be del ivered to the Local Publ ic Agency shal I unless otherwise specified in writing to the Contractor, be delivered to the Department of Parks and Public Property, Municipal Building, Fifth and Welsh Streets, Chester, Pa. 19013, and any notice to or demand upon the Local Public Agency shall be sufficiently given if so delivered, or if deposited in the United States mail in a sealed, postage-prepaid envelope, or delivered with charges prepaid to any telegraph company for transmission to said Local Public Agency at such address, or to such other address as the Local Public Agency may subsequently specify in writing to the Contractor for such purpose. d. Any such notice shall be deemed to have been given as of the time of actual delivery or, in the case of mailing when the same should have been received in due course of post, or in the case of telegrams, at the time of actual receipt, as the case may be. 405. JOB OFFICES a. The Contractors and their subcontractors shall maintain such office and storage facilities on the Site as are necessary for the proper conduct of the work. The Contractors shall mutually agree on the location of such office and storage facilities, which shall be within the property lines and which may not be within the branch spread of any existing tree to remain. The General Construction Contractor shall provide a telephone at the job office. b. All parking of equipment and storage of materials shall occur within the property lines. C. Upon completion of the Improvements, or as directed by the Local Public Agency, the Contractor shall remove all such temporary structures and facilities from the Site, same to become his property, and leave the Site of the work in the con- dition required by the Contract or the condition existing prior to commencing work. 406. PARTIAL USE OF SITE IMPROVEMENTS The Local Public Agency, at its election, may give notice to the Contractor and place in use those sections of the Improvements vihich have been completed, inspected, and can be accepted as complying with the Technical Specifications and if in its opinion, each such section is reasonably safe, fit and convenient, for the use and accomodation for which it was intended, provided; a. The use of such sections of the Improvements shall in no way impede the completion of the remainder of the work by the Contractor. b. The Contractor shall not be responsible for any damage.or maintenance costs due directly to the use of such sections. c. The use of such sections shall in no -way relieve the Contractor of his liability due to having used defective materials or to poor workmanship. SC-2 411, CONTRACT D111MITI AND DRAWINGS The Local Public Agency will furnish the Contractor without charge, eight (8) copies of the Contract Documents, including Technical Specifications and Drawings. Additional copies requested by the Contractor will be furnished at cost. 408. REFERENCES a. Where the term "Owner" or "Agency" appears, it refers to the Department of Parks and Public Property, of The City of Chester, Pennsylvania. b. Where the term "Landscape Architect", "Architect" or "Engineer" appears, it refers to 409. SPECIFICATIONS EXPLANATION a. Every effort has been exerted to make the specifications as clear and concise as possible. Omission of words or phrases such as, "The'Contractor shall", "furnish and install complete in every respect", "in conformity there- with", "shall be", "as noted on the drawings", "according to the plans", liall 10 "an", "the", and "all", is intentional. Omitted words or phrases shall be supplied by inference in,the same manner as they are when a "note" occurs on the drawings. b. The Contractor shall provide all items, articles, products, materials, operations, or methods listed, mentioned or scheduled on the drawings, or speci- fied herein, or both, including all labor, materials, equipment, and incidentals necessary and required for their completion. C. The specifying of a basic material, part or piece of equipment shall include all parts, accessories, devices, etc., necessary for proper and complete installation and operation, and as its manufacturer may recommend or specify for such items and their installation whether or not specifically mentioned. The specifying of an item as a singular number shall apply to as many items as required to complete the work. System components shall be compatible. d. Wherever the words, "approved", "satisfactory", "directed", "submitted", inspected", or similar words or phrases are used, it shall be assumed that the phrase, "the Landscape Architect or his representative", follows the verb as the object of the clause, such as, "approved by the Landscape Architect or his repre- sentative". e. All references to standard specifications or manufacturer's installa- tion directions shall mean the latest edition thereof. 410. DRAWINGS In general, the drawings are made at small scale and are diagrammatic, and do not necessarily show all devices, bends, rises, drops, offsets, boxes, fittings, specialties, attachments, supports, and other required appurtenances; the Con- tractor shall provide all such items necessary for completion of the work. Drawings shall not be scaled for locations, but each item shall be located in proper relationship of adjacent work, and as directed by the Landscape Architect. SC-3 411. STANDARD OF QUALITY a. Where a particular product is specified by name or names, without the phrase "or approved equal" or phrase of similar meaning, the naming of such product shall be interpreted as establishing the standard of quality and character of design and shall not be construed as limiting competition. b. Such product or products so specified denote the standard of quality, performance, capacity, and physical dimensions and other characteristics required. After award of Contract, the Contractor may make written request to the Landscape Architect for use of products which are fully equal to those so specified. When required by the Landscape Architect, the Contractor shall submit satisfactory proof that the substitute product offered is fully equal to that so specified, in all respects. Landscape Architect's decision concerning equality shall be final. 412. SHOP DRA14INGS Shop drawings shall be submitted for items as required in the Technical Specifications. Five copies are required for each submission, three of which will be returned to the Contractor for each approved submission. 413. SAMPLES Submit samples as specified or required. Execute work in accordance with approved samples. 414. PROJECT FILE Each Contractor shall keep on the work, one copy of all drawings, specifica- tions, shop drawings, all addenda, approved change orders, all correspondence relating to the conduct of the work, and all codes and regulations governing his work. 415. MATERIALS AND EMPLOYEES a. All materials and equipment incorporated in this wort, shall be new, first grade, and the best of their respective kinds, unless otherwise specified. b. In all respects, workmanship shall be first-class and of the very highest quality. This applies to both shop and field workmanship. Only skilled mechanics in the respective trades shall be employed; those considered incompetent by the Landscape Architect or the Contractor shall be immediately replaced. Mechanics shall perform only that portion of the work in which they are skilled, and all work shall be executed harmoniously. Rejected work shall be immediately replaced, At completion of project, all work shall be in first-class condition. SC-4 416. SURVEYS, PERMITS AND REGULATIONS a. Verify grades, lines, levels, locations, dimensions. as i,ndicated. Report any errors or inconsistencies before commencing work. b. If the Contractor observes that drawings and specifications are at variance with any laws or ordinances, rules, or regulations, he shall promptly notify the Landscape Architect in writing. If the Contractor performs any work knowing it to be contrary to such notice to the Landscape Architect, he shall bear all costs arising therefrom. c. The Contractor shall obtain all permits required and is responsible for per- forming, or having performed, all layout work. 417. EXISTING CONDITIONS a. Each bidder and contractor shall obtain full knowledge, by personal and careful examination, of all existing structures and conditions at the site, of all requirements of the specifications and drawings, of all the work of other contractors that may affect his work. Each contractor hereby accepts all such conditions and requirements and hereby assumes all responsibilities and costs resulting from hit failure to obtain full knowledge of any of them. b. Each bidder and contractor shall accept the premises and structures as he finds them, and shall assume all responsibilities and costs ensuinq from all conditions existing at the time of advertising for bids and for all those existing thereafter. c. Information regarding existing conditions at the site indicated on drawings or given in specifications is given only fo,.- the convenience of bidders and contractors, and they shall assume all responsibilities and costs due to any variances between the information given and the actual existing conditions. 418. CLEANING UP a. Each Contractor shall at all times keep the premises free from accumulations of waste material or rubbish caused by his employees or work, and at the completion of the work, he shall remove all his rubbish from and about the site and all his tools, scaffolding and surplus materials and shall leave his work "broom clean". b. Mud, dust or debris resulting from the work of this Contract sha-11 not be allowed to accumulate on adjacent streets and sidewalks. 419. BURNING No burning will be permitted on the site. 420. DAMAGE TO WORK BY FIRE AND THEFT If any work or material is damaged by fire or vandalism or any installed alaterials are lost through theft prior to acceptance of the work by the Agency, Contractor whose work or materials were so damaged or lost shall replace and make good any such damage or loss entirely at his own expense. SC-5 421. CUTTING AND PATCHING a. Cutting and patching shall be done only by skilled mechanics of the respective trade or trades whose materials are involved in the cutting and patching. All such work is subject to the Landscape Architect's approval. b. Where openings are cut into existing work, or existing work is extended or disburbed in any way, patch as required with materials, finishes, color, texture, etc., to exactly match existing adjacent work, and in such a manner as to make patching indistinguishable from existing work. Where in first-class condition, as determined by the Landscape Architect, existing materials indicated to be removed may be used to patch existing like work, unless otherwise indicated. 422. REFERENCED SPECIFICATIONS a. Where the term "referenced specifications" is used in this speci- fication it shall mean Commonwealth of Pennsylvania, Department of Trans- portation Specifications, Form 408, latest edition with all supplements. 423. LOCATION OF PROJECT a. The work will be constructed in the Commodore Barry Bridge Recrea- tion Area in the City of Chester, Pennsylvania, in a location as indicated on the drawings. 424. STIPULATION All requirements of Part A (Instructions and Forms) and Part B (General @pecifications) are hereby made a part of each Contract and all work included in Part C (Technical Specifications) and all work indicated on the Drawings. 425. PROTECTION OF EXISTING PLANT MATERIAL a. The Contractor shall replace, in like, size and quality, or, at the option of the Local Public Agency, make restitution to the Local Public Agency for any existing plant material to remain which is damaged or destroyed by any act due to or incidental to the work of this Contract. Restitution shall be in accordance with the following schedule: 1) Shrubs or trees under 2" caliper $ 50 each 2) Trees 2" to 4" caliper $ 300 each 3) Trees 4" to 8" caliper $ 800 each 4) Trees 8" to 12" caliper $1,200 each 5) Trees over 12" caliper $2,500 each Measurements shall be as specified by "American Standard for Nursery Stock", American Association of Nurserymen. SC-6 b. The above schedule shall apply to any existing plant material to remain which is destroyed or damaged, whether or not it is noted to be protected, unless removal of material is approved in writing by Landscape Architect. Any damage to 'any tree or shrub is to be considered a total loss and full restitution or replacement shall be made. C. The Contractor shall not store or locate equipment, trailers or supplies beneath the branch spread of trees to remain. No fence, sign, guy wire or service line shall be attached to any tree to remain. 426. EARTHWORK a. The Contractor shall be solely responsible for determining the amount of earth required to complete the work to the finished grades shown and shall include in his bid price the cost of providing off site borrow as may be necessary to supplement the amount of earth available from cut as shown by the project grading. 427. TOPSOIL a. The Contractor shall be solely responsible for determining the amount of topsoil required to complete the work to the finished grades shown and shall include in his bid price the cost of providing offsite topsoil as may be necessary. 428. NOTICE TO AUTHORITIES a, As part of the work of this Contract will require closing or partial CIO sing of certain streets, the Contractor shall be responsible for giving sufficient notice to pertinent City of Chester authorities prior to beginning such work. The Contractor shall also adhere to all requirements of such authorities regarding closing or partial closing of streets at no additional cost to the Local Public Agency. 429. O.S.H.A. REQUIREMENTS a. The Contractor shall contact the Occupational Safety and Health Administrational Regional Office in Philadelphia and obtain the booklet entitled,"Record-keeping Requirements Under the Williams-Steiger Occupational Safety and Health Act of 1970". The Contractor shall be required to adhere to all provisions contained therein. The regional office address is: Penn Square Building, Room 410 Juniper and Filbert Streets Philadelphia, PA 19107 Telephone: 215-597-4102 430. EROSION AND SEDIMENTATION CONTROL a. The Contractor shall be responsible for coordination with the Delaware County Conservation District to ensure that his operations comply SC-7 with all Commonwealth of Pennsylvania and Local regulations regarding erosion 16 and sedimentation control. The Contractor shall modify his operations and/or take whatever steps are necessary, at no additional cost to the Local Public Agency, to ensure such compliance. 431. NOTIFICATIONS AND PRECAUTIONS a. The Contractor shall comply fully with Section 5 of the General Assembly Act No. 287 of the Commonwealth of Pennsylvania. Impartial com- pliance thereof, he shall notify, not less than three (3) working days prior to commencing excavation, the Chester Water Authority, Fifth and Welsh Streets, Chester, Pennsylvania (Phone TR 6-8181) and the Philadelphia Gas and Electric Company, Customer Service Dept., 18 East 5th Street, Chester, Pennsylvania (Phone 494-1200) to arrange cooperative steps to be taken to avoid possible damage to underground utilities. b. The Contractor shall use every precaution to prevent damage to streets, curbs, walks, utilities, poles, fences, above or below-ground struc- tures, and plantings that are adjacent to or included in the areas under contract, and shall repair or replace at his own expense any work to remain which is damaged or destroyed by his forces. 432. PROJECT SIGNS a. Permanent Sign. The General Contractor shall erect at location shown on Drawings a 4'xg' sign as detailed on Drawing No. __T_ . Lettering and wording as determined by the City of Chester. Sign shal be constructed of nominal 2" thick planks of southern yellow pine, Grade #2 or better, pressure treated with pentachloraphenol at 10.5 lbs. per cubic foot, minimum. b. Temporary Sign. The General Contractor, at his own cost and expense, shall erect at a prominent location as selected, a 6'x8' sign, well braced and supported by 4"x4" post, identifying the project under construction. Sign board may be constructed from weatherproof plywood, hardboard or other smooth face material that will weather and remain intact throughout the job. A 3" wood border shall frame the sign. The sign shall be erected with the 8' dimension horizontal. The base color of the sign shall be white and weather- proof flat paint with red border.- Lettering shall be in fast blue block letters and shall conform to the following: CITY OF CHESTER (4" letters min.) DEPARTMENT OF PARKS AND PUBLIC PROPERTY (4" letters min.) JOSEPH F. BATTLE MAYOR (3" letters min.) MICHAEL D. MACNEILLY DIRECTOR (3" letters min.) COMMODORE BARRY BRIDGE RECREATION AREA PHASES I & 11 (4" letters min.) SC-8* GENERAL SPECIFICATIONS SCHEDULE OF DRAWINGS All drawings in the following schedule form a part of the Contract. DRAWING NO. TITLE 1 Site Plan 2 Erosion and Sedimentation Control Plan 3 Layout and Construction Control Plan 4 Grade Plan 5 Delaware Avenue Sections and Details 6 Cross Sections 7 Cross Sections 8 Cross Sections 9 Electrical Plan and Details 10 Ramp and Pier Plan and Sections 11 Sections and Details 12 Sections and Details 13 Sections and Details 14 Sections and Details SD-l* DIVISION 1 - GENERAL Section 1A - Erosion and Sedimentation Control Plan 1A-1 PROTECTION OF THE ENVIRONMENT 1.1 The Contractor shall provide for the prevention, control and abatement of land, water and air pollution during construction in accordance with P.L. No. 247, Act. No. 247, dated October 26, 1972, which shall include but is not limited to: (a) Remove all refuse from site of work for disposal in accordance with rules and regulations of the authority having jurisdiction over the disposal area. (b) Provide for filtration of all contaminated water discharging directly into a stream. 1A-2 TEMPORARY CONTROL MEASURES 2.1 No water which transports sediment resulting from earth moving, demolition or other construction activities shall be permitted to discharge into the waters of the Commonwealth or beyond the contract limits of the project. 2.2 Natural surface water shall be diverted away from the work area. Diversion terraces and channels shall be constructed up-grade of work as required to convey tribu- tary runoff around and,beyond the outer limits of the area subject to earth moving, , demolition, or other construction activities. Interception channels shall be constructed within the project area as required to control the discharge of sediment due to construc- tion activities, 2.3 All surface runoff from a project area and all discharge resulting from the dewatering of excavations shall be collected and diverted to facilities for removal of sediment. Water collected by interceptor channels shall be conveyed to sedimentation basins or to vegetated areas but not directly to streams or storm drains. 2.4 Earthmoving activities shall be planned to minimize the areal extent and the duration of exposure of disturbed land. 2.S Surfaces of cut and embankment slopes, ditches, swales, earth stockpiles, and areas denuded of topsoil shall be stabilized to minimize surface erosion as soon as possible after exposure. Whether temporary or permanent, such surfaces shall not be left unstabilized for more than twenty (20) days after exposure. 2.6 Stabilization shall generally be accomplished by vegetative measures, seeding with rapidly growing plants, such as annual rye grass, small grain, sudan grass, or field bromegrass. This planting should be supplemented by mulches and protective netting as required or directed. 1A-1 2.7 Erosion control facilities shall be maintained for the duration of con- struction and shall be removed only after the permanent drainage and erosion control features of the project have been completed and established in operation. 1A-3 PERMANENT CONTROL MEASURES 3.1 The permanent control measures and facilities consist of seeded drainage ditches, mulching and seeding, restoring permanent cover to disturbed areas and a storm system. 3.2 The design considerations and calculations are based on the overall design of the project and take into account suggestions and criteria given in the Soil Erosion and Sedimentation Control Manual. END OF SECTION 1A-2 DIVISION 2 - SITE WORK Section ZA - Site Preparation and Demolition IA-1 WORK INCLUDED 1.1 The work covered by this section consists of furnishing all labor, equip- ment, supervision and appurtenances necessary to complete all site preparation and demo- lition required for the project in strict accordance with this section of the specifica- tions and the drawings, including but not limited to: (a) Necessary protection for trees that are to remain (b) Clearing and grubbing (c) Diversion and control of surface and ground water (d) Demolition of existing construction in way of new work (e) Removal of old foundations, debris and old dump areas throughout the site 2A-2 RELATED SECTIONS 2.1 Other divisions and sections of these specifications which are related to this section are: (a) General Conditions, DGS Dated 197S (b) Division 1 - General (c) Section 2B - Earthwork 2A-3 PRECAUTIONS 3.1 Work shall be performed in a manner to prevent damage or injury to property or the public. The Contractor shall provide barriers, warning lights and other protection as required and protect as necessary any existing monuments, bench marks or utilities that are to remain in service and restore any damage to original conditions or repair as directed, at no additional cost. 3.2 Before starting work, the Contractor shall protect any trees or shrubs shown or designated to be saved by boxing or wire fencing staked securely in place or other approved means, maintained until completion of work, or until removal of protection may be directed by the Engineer/Inspector. 3.3 The Erosion and Sediment Control Plan and drawing is a requirement of the Department of Environmental Resources and must be adhered to. 2A-1 2A-4 DEMOLITION OF EXISTING STRUCTURES 4.1 Existing structures indicated on the plans or directed by the Engineer/ Inspector shall be removed or demolished in a neat and orderly manner. Concrete walls and slabs shall be broken up and removed at least 1-1/2 feet below construction or finish grade, whichever may govern. Slabs encountered at any elevations shall be broken up to allow drainage. Sound concrete and masonry rubble may be utilized as fill in approved areas. Other materials., rubbish and debris resulting from demolition shall be removed from Commission lands as work progresses and dumped in a D.E.R. approved area chosen by the Contractor. A disposal area will not be available on Commission lands. END OF SECTION 2A-2 Section 2B - Earthwork, Crushed Aggregate and Stone 2B-1 WORK INCLUDED 1.1 The work covered by this section consists of all earthwork, including topsoil stripping, excavation, backfill, rough grading, embankment, and related and incidental operations required to complete the project as indicated on the plans and specified herein, including all excavations for roadways, parking areas, boat ramps, and wharfs. 2B-2 UNCLASSIFIED EXCAVATION 2.1 E rzavation under this contract is unclassified and includes (without limi- tation thereto) the excavation and removal of all soil, shale, rock, existing foundations, fill., and every kind of subsurface condition encountered in the contract area. No extra or additional compensation for excavation will be paid under this contract except in such case where the excavation is below the grades indicated on the drawings. Before starting excavation, Contractor shall remove topsoil to a 6 inch depth and stockpile at suitable locations as approved by the Engineer/Inspector. Topsoil shall be stored to use in topsoiling and finish grading. 2B-1 CLEARING AND GRUBBING 3.1 Contractor shall clear the site of all obstructions to the work, break up and remove existing paving where required, -remove trees and shrubs not designated to be saved and stumps and roots to a depth of at least one foot below grade and other vegeta- tion to a depth of at least 6 inches and clear off all stones, debris and rubbish. Grubbing shall consist of the below ground removal and disposal of all natural growth, logs, timber and other objects deemed detrimental in the foundation of embankment fills or structures. Roots having a diameter of 1-1/2 inches or more shall be removed to a depth of 3 feet below original ground elevation under the area of any structures. All material so removed shall be burned or otherwise disposed of in compliance with statutes, rules and regulations of Federal, State and local governments. 3.2 Contractor shall leave site properly cleared and clean, ready for start of earthwork. 2B-4 BLASTING 4.1 No blasting may be done without prior approval of the Bureau. If explo- sives are permitted, all requirements of local, State or other laws and regulations relating to this type of work must be fully complied with and all permits required must be obtained and paid for by the Contractor prior to the commencement of any blasting. All blasting shall be performed by qualified powder men. 2B-S DISPOSITION OF UTILITIES S.1 The Contractor shall check the location of existing utilities required to remain in place, either overhead or underground, and take all necessary precautions to prevent injury or damage during the performance of the contract and shall be responsible for any and all damages.thereto. 2B-1 5.2 Where significant earth is removed or fill placed around a living tree, a stone wall shall be placed around the tree at least 30" from the trunk or a distance which will prevent damaging exposure to roots or suffocation of bark in accordance with the drawings or as directed by the Engineer/Inspector. Construction equipment shall not be operated over tree roots except where necessary. 2B-6 DISPOSAL OF MATERIALS 6.1 All spoils become the property of the Contractor and shall be disposed of to the satisfaction of the Engineer/Inspector and in compliance with all current, local*or state ordinances and regulations relating to disposal of material. Spoil area is available on the site. 2B-7 GROUND WATER 7.1 Certain sections of the construction site may contain excessive ground water and it shall be the responsibility of the Contractor to provide the necessary equipment, materials and labor to eliminate any detrimental effects or hindrances to the construction and/or the construction operations resulting from ground water at no addi- tional cost to the Bureau. The Contractor shall be prepared to encounter ground water at any location within the site. Materials containing excess water will not be considered unsuitable on that basis alone and all dewatering shall be the responsibility of the Contractor and shall be done whenever and wherever necessary at his sole cost and expense. 2B-8 EXCAVATING 8.1 The Contractor shall perform all excavation to the dimensions and eleva- tions indicated on the drawings for structures and for all work incidental thereto. Excavation shall extend a minimum from the lines of structures to the face or bank of shoring, to allow working space for masons, for forms, or for installation of services and for inspections, except where concrete is authorized to be deposited directly against excavated surfaces. All loose material shall be removed from excavations and bottoms carefully leveled to grade. For other work, the Contractor shall determine the widths to be excavated in accordance with the drawings and cross-sections furnished by the Bureau. Excess excavation beyond the established cut lines shall be the responsibility of the Contractor and no compensation will be allowed, unless otherwise authorized in writing by the Bureau. 8.2 Excavated material to be reused for backfill or other purposes shall be piled away from the edge of the excavated area, a sufficient distance to prevent over- loading the bank and graded in such a way as to prevent surface water from entering the excavated area. Excess material from excavation not suitable nor required for backfill or other purposes shall be hauled from the area as excavated, as directed by the Engineer/ Inspector. 8.3 Contractor shall not excavate to full depth when rain or freezing conditions are imminent. Completed foundation soil surfaces shall be protected from frost. Where foundation soil surfaces are damaged by water, mud or otherwise disturbed, all loose mud or other materials shall be removed and the surface regraded. 2B-2 8.4 Where the concrete foundation excavation has been carried below plan grade due to errors in excavation, or to freezing, or to the removal of mud or other loose materials, or a rock surface has been overshot or pitted, the foundation soil shall be restored to plan grade with the same concrete as that specified for the footing above it at no additional cost to the Bureau. 8.5 Contractor shall furnish adequate advance notification to the Engineer/ Inspector of the times when footing excavations are to be completed so that the bearing quality of bottoms may be inspected and/or tested before forms are constructed or con- crete poured. 8.6 Should the bearing at the levels indicated be found by the Engineer/ Inspector to be inadequate, he may order the excavation carried down to sound bearing. Should suitable bearing be found at a lesser depth than indicated, the Engineer/Inspector may order the reduction of excavation specified or shown on the drawings. 8.7 Where soil conditions will permit, footing trenches may be excavated to the exact dimensions of the concrete and side forms omitted. Concrete shall be placed upon undisturbed and firm bottoms and under any excess cut of concrete footings and foundations. Excess cut under slabs shall be filled with gravel and be thoroughly compacted. 8.8 Where concrete footings or walls rest on rock, the rock shall be leveled off to a clean, even, hard surface. Sloping rock shall be leveled off in steps. 2B-9 SHORING AND PROTECTION 9.1 Contractor shall provide and maintain sheathing, shoring and bracing as necessary to prevent cave-ins.in all types of excavations. 9.2 Contractor shall erect and maintain guard rails, fences, warning lights, and other protection required for safety of all persons at excavations. 9.3 Contractor shall remove temporary sheathing, shoring, bracing, and pro- tection when no longer required by adjacent conditions and when foundation construction is complete. 2B-10 EMBANK14ENT 10.1 All embankment material shall, unless otherwise directed by the Engineer/ Inspector, be placedin uniform horizontal layers of not more than a loose 8-inch depth for the full width of the cross section. The final grade shall be within plus or minus 0.2 of a foot of the lines and grades shown on the drawings or otherwise established by the Engineer/Inspector. Material for the earthen coffer dam placed in wet areas which cannot be pumped dry may be end-dumped in water or to the elevation necessary to estab- lish a satisfactory working platform. 10.2 Each layer for its full width shall be compacted to not less than 97 per- cent of the determined dry weight density, except that the material in the top 3 feet of all embankments shall be compacted to not less than 100 percent of the determined dry weight density. 2B-3 10.3 Material for embankment construction shall consist of all excavated material on the project except such material as may be determined to be unsuitable by the Engineer/ Inspector or approved borrow material and shall conform to the following requirements. (a) Soil shall include all earth materials having a maximum size that caii@e readily placed and compacted in loose 8 inch layers and of which more than 35 percent shall pass the No. 200 sieve. Soil shall have a minimum dry weight density of 95 pounds per cubic foot as determined in accordance with PTM No. 106, Method B and a maximum liquid limit of 65 as determined in accordance with ASSHTO Designa- tion T 89. The plasticity index, as determined by ASSHTO Designation T 90 for soils having liquid limits of 41 to 65 inclusive, shall be not less than that determined by the formula--Liquid Limit minus 30. (b) Granular material shall include all natural or synthetic mineral aggregates having a maximum size that can be readily placed and compacted in loose 8 inch layers of which 35 percent or less shall pass the No. 200 sieve. (c) Shale shall include all rock-like materials formed by the natural consolidation of mud, clay, silt, and fine sand, and usually thinly laminated, comparatively soft and easily split, having a maximum size that can be readily placed and compacted in loose 8 inch layers. (d) Rock shall include all igneous, metamorphic and sedimentary rock w ich cannot be excavated without blasting or the use of rippers and all boulders and detached stones having a maximum size that cannot be readily placed and compacted in loose 8 inch layers and which gen- eTally have insufficient fines to normally fill all voids in each 2B-11 BACKFILLING layer. 11.1 No backfilling shall be done around any parts of the structures until such parts have been inspected and the backfilling authorized by the Engineer/Inspector. No backfilling inside the building or backfilling against foundation walls, or area ways shall be done until concrete forms have been removed and pointing and dampproofing of concrete and masonry work has been completed and the concrete is thoroughly cured. Filling and backfilling inside of the building and to a minimum point 5 feet outside of exterior building lines (depending on elevation of subgrade to footing level) or within a dimension encompassed by a 45 degree line drawn from footing level to working surface, shall be installed in 8 inch layers, dampened, and compacted to optimum moisture content to a dry density of not less than 95 percent of the maximum dry density as determined by ASTM D1557, Method C. Fill more than 5 feet outside of the building lines shall be installed in 12 inch layers uniformly spread, tamped and rolled, and then leveled or slopedas required. All backfill shall be clean earth. No puddling will be allowed. 11.2 Fill and backfill material shall be clean earth containing no vegetable matter, rubbish or debris, but may contain sound rocks, pieces of concrete and masonry material not over 6 inches in'size, if well distributed in earth, but not in the top 12 inches or against foundations,, walls, grade beams, or similar construction. 2B-4 11.3 Clean excavations and areas to be filled of all topsoil, vegetable matter, refuse and debris before placing any fill or backfill. Do not backfill excavations against walls to be waterproofed until waterproofing is completed, protected and approved. 11.4 Perform filling and backfilling carefully so as not to damage other or affect the stability of any construction. Do backfilling only when the structure is fully capable of withstanding the resulting pressure. 11.5 Do not fill or backfill over frozen subgrade nor use any frozen material in fill or backfill. 11.6 Rough grade the lawn areas around all of the building to the limits of contract indicated on the drawings to a level below the finished grades as shown on the drawings. In the rough grading, bases for all terraces, banks, lawns, and paved areas shall be formed and compacted as specified or as noted on drawings. 11.7 Areas to be paved shall be graded to the depth required for the placing of paving material. Subgrade for drives, parking areas and service areas shall be compacted with a three wheel power rollerof weight as specified in section on "Bituminous Paving" and in accordance with the requirements of Paragraph 210.3 of the current Form 408, Specifications of the Commonwealth of Pennsylvania, Department of Transportation. 11.8 Subgrade for walks shall be compacted with a two wheel roller of weight as specified in section on "Bituminous Paving" and in accordance with Paragraph 210.3 of Pennsylvania Form 408, subject to limiting conditions of Paragraph 11.1 above in regard to dimension from building wall. 11.9 Subgrade for lawns shall be compacted with a two wheel rolle r weighing not less than three tons subject to limitations of Paragraph 11.1 above. 11.10 Where wood sheet piling, form work, bracing or shoring is used, it shall be removed as the work progresses and the voids left shall be backfilled with 2,500 lb. concrete below the top of adjacent footings and foundations. Above the level, the backfill shall be as described above. 11.11 Where additional soil is deposited upon the site to reach required subgrade beneath terrace-entrance platforms or paving and where trenches are overfilled under other contracts, these areas shall be compacted and rolled with power roller or pneumatic tamper as specified above. Upon completion of work under this specification, rough grading as required by specification for subgrade for bituminous paving shall be com- pleted. Hauling or moving of equipment shall not be allowed over the finished subgrade. 2B-12 BORROW EXCAVATION 12.1 It is intended that all excavated material be used for backfill, provided the material is suitable and has the approval of the Engineer/Inspector. 12.2 Topsoil under any structure shall be removed in its entirety and stock- piled for use in topsoiling and finish grading. 2B-5 2B-13 ROUGH GRADING 13.1 Rough grading of all areas within the project, including excavated and filled sections and adjacent transition areas, shall be reasonably smooth, compacted and free from irregular surface changes. The degree of finish shall be that ordinarily ob- tainable from either blade-grader or scraper operations, except as otherwise specified. The rough graded surface shall be not more than 0.5 feet above or below the established grade of approved cross-section, with due allowance for topsoil or sod. All ditches, swales and gutters shall be finished to drain readily, but not to exceed 3 percent grade. Unless otherwise indicated on the drawings, the rough grade shall be evenly sloped to provide drainage away from building walls in all directions at a grade not less than 1/4 inch per foot. Rough grading shall also include roundings at top and bottom of banks and at other breaks in grade. In the rough grading, bases for all paved areas shall be formed and compacted as hereinafter specified, or as noted on the drawings. 2B-14 SLOPES 14.1 Slopes shall be trimmed neatly to the lines and rate of slope indicated on the drawings or as directed by the Engineer/Inspector, and the work left in a neat and acceptable condition. 2B-15 SUBGRADE 15.1 Areas to be paved shall be graded to the depth required for the placing of crushed stone aggregate. The finished subgrade surface shall be not more than 0.1 feet above or below the established grade shown on the drawings with due allowance for pave- ment depths. Subgrades for all paved areas shall be compacted to not less than 100 percent of the determined dry weight density. 1S.2 The moisture content of subgrade material at the time of compaction shall be not more than 2 percentage points above the optimum moisture content, except that any subgrade which displays pronounced elasticity or deformation under construction equipment shall not have a moisture content greater than the optimum at the time of compaction or at the time of placing the overlaying construction. When the specified stability cannot be obtained, the material in the area shall be excavated to a depth that when replaced and recompacted at a moisture content not exceeding optimun, the subgrade will have the required stability. Unsatisfactory material so removed from excavated areas will be classified as unclassified excavation. In embankment areas, the material shall be removed at no expense to the Bureau. 15.3 Contractor shall provide crushed stone, gravel or slag bedding course under concrete slabs on earth as indicated on the drawings. The material to be used shall meet the applicable requirements of Section 703.3 PennDOT Form 408, for Type C or better coarse aggregate Size 2A. 15.4 Contractor shall provide crushed stone or gravel base course 6 inches in compacted thickness for all roadways. The aggregate shall be stone, gravel or slag meeting the requirements of Section 703.3 for Type C, or better, No. 2A material. The size and gradation of the material shall be determined in accordance with PTM No. 619. Approved granulated blast furnace slag will be acceptable. Approved granulated blast 2B-6 furnace slag is the granular material formed when molten slag from iron making is rapidly quenched by immersion in water. Further, it shall not weigh more than 90 pounds per cubic foot (dry rodded unit weight, PIM No. 609). The material shall be reasonably uniform and free from harmful amounts of clay, silt, vegetation or other substances determined to be deleterious. It shall have a maximum size of 2 inches and not more than 20 percent passing the No. 100 sieve. (a) The crushed aggregate shall be spread uniformly on the subgrade to the full width of the base. The loose aggregate shall be spread to obtain a layer of the required depth after compaction. All segre- gated aggregate shall be removed and replaced with well graded aggregate. The crushed aggregate shall not be spread for a distance of more than an average day's work ahead of compacting. After each layer of aggregate has been spread, it shall be checked and all irregularities shall be satisfactorily corrected prior to rolling. (b) The crushed aggregate shall be rolled and thoroughly compacted with an approved roller as per Form 408, 108.05(c)3. Compaction shall progress gradually from the sides to the center with each succeeding pass uniformly overlapping the previous pass, and shall continue until the entire area is satisfactorily shaped and compacted to the required lines and grades. After the base course has been completed as specified, the surface smoothness shall be checked and any surface irregularities that exceed 1/2 inch in a given 10 foot length shall beremedied to the satisfaction of the Engineer/Inspector by loosening the surface and removing or adding material and rerolling the area. b 2B-16 CLEANUP 16.1 Any paved area (either new or existing) or improved roadway over which equipment is moved or hauling operations are conducted, shall be kept clean and any soil or other material which may be brought upon the paved surfaces shall be removed promptly by the Contractor. Upon completion of rough grading, the Contractor shall clear away all debris and remove it from the site. All such cleanup work shall be done with no addi- tional cost to the Commission. 2B-11 REPAIR 17.1 The Contractor shall patch, repair and/or replace all bituminous and con- crete paving, curbs and walkways and all stone surfaced driveways as affected by the installation and construction of all work within the contract limits and any adjacent existing paving, curbs or inlets damaged by these operations. 2B-18 ROADWAY AND PARKING AREA SHOULDERS 18.1 This work shall consist of constructing 2A stone shoulders on both sides of the roadway and parking areas in accordance with these specifications and to the lines, grades and width shown on the drawings or established by the Engineer/Inspector. 2B-7 2B-19 RIPRAP MATERIAL 19.1 The work covered by this item consists of furnishing all labor, equipment and materials, and performing all operations in connection with the construction of riprap slope protection as shown on the drawings or as directed by the Engineer in accordance with these specifications and applicable drawings. 19.2 Riprap shall consist of sound durable rock, insoluble in water and of such quality as, in the opinion of the Engineer/Inspector, is sufficient to insure long time durability. Friable, stratified rocks such as shales and rocks liable to decompose in water such as claystones shall not be approved. Sources of riprap shall be subject to approval by the Engineer/Inspector but approval of any source of riprap shall not be construed as approval of all the material from this source. The right is reserved to reject localized areas, strata, or channels within an approved area or zone when, in the opinion of the Engineer/In@pector, the material has disintegrated, weathered badly, or is otherwise unsatisfactory for the intended use. 19.3 The material shall be free of objectionable amounts of earth, quarry dust or other foreign material; however, washing will not be required. Slabs and slivers will not be acceptable. Slabs and slivers shall be defined as pieces for which the smallest dimension is less than one-third (1/3) of the largest dimension of the piece. The mass shall be reasonably well graded and the weight of individual stones shall vary between 50 and 750 pounds. Seventy-five percent (75%) of the mass shall be of stones weighing 250 pounds or more. Unless otherwise specified, the determination of weights will be madeby visual inspection. Sampling and testing will not be required, but the material used shall be acceptable to the Engineer/Inspector. 2B-20 FOUNDATION PREPARATION 20.1 Areas on which riprap is to be placed shall b e trimmed and dressed to conform to cross-sections shown on the plans. 2B-21 PLACING RIPRAP 21.1 Stone for riprap shall be placed and spread on a 611 gravel filter blanket in such a manner as to produce a reasonably well-graded mass of rock with the minimum practicable percentage of voids and shall be constructed to the lines and grades shown on the plans directed by the Engineer/Inspector. 21.2 Fines shall be well distributed in order to chink the voids between large pieces insofar as practicable. The exposed surface shall have a preponderance of the smaller stone placed so that the surface conforms closely to required line and grade. 21.3 Riprap shall be placed to its full course thickness at one operation and in such a manner as to avoid displacing the underlying material. Placing riprap in layers will not be permitted. The larger stones shall be well distributed and the entire mass of stones shall be roughly graded to conform to the approximate gradation specified in Paragraph 2B-19.3. The finished riprap shall be free from objectionable pockets of small stones and clusters of larger stones. Hand placing to a limited extent may be required, but only to the extent necessary to secure the results specified above. The use of a tractor equipped with a bulldozer blade, stone rake or any similar equipment 2B-8 will not be acceptable for placement of riprap. The riprap shall be placed to the depth shown on the plans and the finished surface of the riprap slope protection shall be in accordance with the lines and grades shown on the plans. 2B-22 MORTARED RUBBLE GUITER 22.1 This work shall consist of constructing mortared rubble gutter in accor- dance with Section 642 of Form 408, 1976 and shall be constructed with reasonably close conformity to the lines and grades shown on the drawings or established by the Engineer. END OF SECTION 2B-9 Section 2C - Finish Grading and Landscaping 2C-1 WORK INCLUDED 1.1 The work in this section includes all labor., supervision, equipment, tools, materials, transportation, and all means of construction necessary to perform the fin- ishing grading, topsoiling, seeding, soil supplements and mulching to the limits shown on the drawings, described in this specification and as is necessary to repair areas di8- turbed by construction. 1.2 In general, all disturbed areas shall be topsoiled and seeded unless another form of surface treatment is indicated. 2C-2 RELATED SECTIONS 2.1 Other divisions and sections of these specifications which are related to this section are: (a) General Conditions, DGS Dated 1975 (b) Division 1 - General (c) Section 1A - Erosion and Sedimentation Control Plan (d) Section 2B - Earthwork 2C-3 FINISHING GRADING 3.1 The Contractor shall use the topsoil removed from the site as hereinbefore specified to complete the finish grading. The finish grading work shall not be completed until the installation of all underground utilities, pipelines and structures have been completed. 2C-4 TOPSOIL 4.1 Areas indicated on the drawings as requiring seeding and all disturbed areas. shall be finished with a minimum layer of 4 inches of topsoil and seeded as specified herein. 2C-5 SEEDING AND SOIL SUPPLEMENTS 5.1 This work shall consist of furnishing and placing seed and soil supplements within reasonably close conformity to the lines, grades and locations as designated on the plans or in accordance with the specifications. Permanent seeding shall be performed within the specified seeding dates as soon as possible following the completion of finished grading. 5.2 This work will adhere to PennDOT Form 408, 1976, Section 804. 2C-l 5.3 Formula "B" will be used on areas flatter than 3 to 1 slopes and Formula 16 ,Cfl will be used on areas steeper than 3 to 1. 2C-6 MULCHING 6.1 This work shall consist of furnishing, placing, anchoring, and maintaining an approved mulch within reasonably close conformity to the lines, grade and locations as shown on the plans or as directed by the Engineer. 6.2 This work will adhere to PennDOT Form 408, 1976, Section 805. END OF SECTION - 2C-2 Section 2D - Bituminous Paving 2D-1 WORK INCLUDED 1.1 This work shall consist of constructing a binder course 1-1/2 inches in compacted thickness and a wearing course 1 inch in compacted thickness of hot-mixed, hot- laid asphalt concrete ID-2A, in accordance with Section 420 and 421 of PennDOT Form 408, 1976, on a prepared base course within plus or minus 0.01 of a foot of the lines, grades and width shown on the drawings and as specified for access roads, parking areas and walks. 2D-2 RELATED SECTIONS 2.1 Other divisions and sections of these specifications which are related to this section are: (a) General Conditions, DGS Dated 1975 (b) Division 1 - General (c) Section 2B - Earthwork 2D-3 CONSTRUCTION REQUIREMENTS J* 3.1 Weather Limitations. The placing of bituminous concrete shall terminate between October 15 and October 31 and shall not be resumed prior to April 1 to April 15 unless otherwise approved in writing by the Engineer/Inspector. (a) - When the air temperature falls below 50 degrees F., extra precautions shall be taken in drying the aggregate, controlling the temperature of the delivered material and compacting the mixture. Bituminous concrete shall not be placed on wet surfaces, nor when the air temperature is 40 degrees F., or lower, nor when the temperature of the pavement, base or binder on which it is to be placed is 40 degrees F. or lower. 3.2 Spreading and Finishing. The temperature of the binder or wearing course mixture when laid shall not vary more than 15 degrees F. from the mixed temperature. (a) The mixture shall be spread or struck off by mechanical spreading and finishing equipment for the entire width or for such partial-width lanes as may be practical. The screed assembly shall be adjustable to give the cross section required and shall be designed and operated to provide a binder course or wearing course of the required depth. (b) On areas where irregularities or unavoidable obstacles make the use of mechanical spreading and finishing equipment impracticable, the mixture shall be placed and screeded by hand to give the required compacted depth. ZD-1 (c) Adjacent to flush curbs, gutters, liners and structures, the surface mixture shall be placed uniformly high so that, when compacted, it will be slightly above the edge of the abutting structure. (d) When the wearing course is placed adjacent to curbs and ramps to form a bituminous gutter and before the surface has cooled, it shall be sealed with hot bituminous material of the class and type designated for the surface course for a distance of 12 inches from the curb. The sealing material shall be evenly applied to the surface by means of squee-gees immediately after final rolling and sealed with hot irons to completely fill the surface voids and provide a watertight joint along the curb and ramps. Excess bituminous material shall be removed from the wearing course. 3.3 Compaction. Immediately after the bituminous mixture has been spread, struck off and surface irregularities adjusted, it shall be thoroughly and uniformly com- pacted by rolling. (a) The surface shall be rolled when the mixture is in the proper con- dition and when the rolling does not cause undue displacement, cracking or shoving. (b) The number, weight and type of rollers furnished shall be sufficient to obtain the required compaction while the mixture is in a workable condition. The sequence of rolling operations and the selection of roller types shall provide the specified pavement density. (c) Rolling shall progress continuously until the specified density, 95 percent of the corresponding daily plant Marshall density, has been attained. Finish rolling shall continue until all roller marks are eliminated. (d) The motion of the rollers shall be slow enough at all times to avoid displacement of the hot mixture and any displacement resulting from reversing the direction of the rollers, or from any other cause, shall be satisfactorily corrected. (e) The wheels of steel-wheel rollers shall be kept moist and clean to prevent adhesion of the fresh material, but an excess of water will not be permitted. Pneumatic-tired roller wheels shall be kept clean by an approved method to prevent adhesion of the fresh material. (f) When either the binder or wearing course fails to comply with the density requirements herein specified, additional compaction may be applied, when permitted and as directed., to attain the required density. If satisfactory density cannot be attained, the contractor shall be required to remove and replace any affected area. (g) All irregularities in the binder course shall be remedied before the wearing course is placed. All binder becoming coated with any 2D-2 foreign material shall be satisfactorily cleaned and treated. If the 16 binder course cannot be satisfactorily cleaned, it shall be removed and replaced. (h) For a distance of 8 inches around all structures, adjacent to urbing, gutters, railway tracks and all other locations inaccessible to rollers, the compaction shall be effected with hot iron tampers weighing not less than 25 pounds and having a bearing area not exceeding 48 square inches, or with mechanical vibrating hand tampers, when approved. (i) Any mixture that becomes loose and broken, mixed with dirt, or in any way defective shall be removed and replaced with fresh hot mixture, which shall be compacted to conform with the surrounding area. Any area showing an excess or deficiency of bituminous material shall be removed or replaced. 3.4 The longitudinal joint in one layer shall offset that in the layer immediately below by approximately 6 inches. Where the abutting lane is not placed the same day or when the abutting lane has cooled to less than 150 degrees F., or where the abutting joint is distorted, the edge of the lane shall be carefully trimmed to line as required and painted with a very thin coating of bituminous material of the class and type desig- nated for the surface course. 3.5 Transverse joints in both binder and wearing courses shall be carefully constructed. Sawing of joints or use of a bulkhead is permitted if the bituminous material is thoroughly compacted to provide a smooth riding surface. Joints shall be straight-edged to assure smoothness. In either case, the joint face shall be painted with a very thin coating of bituminous material of the class and type designated for the surface course before the fresh material is placed against it. To obtain thorough compaction of these joints, cross rolling may be required. 3.6 Unless otherwise directed, density samples, each approximating a 12-inch by 12-inch slab, shall be cut from the completed binder course and wearing course by drilling to obtain cores of a minimum diameter of 4 inches. (a) All the holes resulting from sampling shall be backfilled with acceptable material and satisfactorily compacted. (b) Cores and tests shall be made as directed by the Engineer. (c) Care shall be taken that the samples are not compressed, bent or distorted in any way during cutting, handling, transporting or storage. The samples shall be accurately identified and delivered for testing to the plant laboratory by the contractor. The samples, immediately after delivery, shall be tested for density at the approved laboratory. Each test shall consist of the average of the results obtained on at least 2 specimens of the required size taken from each slab sample. The density shall be reported as field density, computed and reported as percent of Marshall plant density, based on the average of the Marshall plant densities obtained during the corresponding day's production. 2D-3 (d) When unsatisfactory compaction is indicated by tests, check samples shall be taken to provide samples of either the binder or wearing course which are suitable for testing. Check samples of wearing course shall be removed by core drilling through both the wearing and binder courses and preparing the samples for testing by sawing off the underlying binder course. 3.7 For the purpose of determining the surface tolerance, the finished surface shall be tested with a 10-foot straight edge. Any irregularities which vary from the testing edge of the straightedge between any two contacts with the surface by more than 3/16 inch shall be satisfactorily corrected. Irregularities which may develop before the completion of rolling shall be remedied by loosening the surface mixture and removing or adding material as required. Should any irregularities or defects remain after the final compaction, the surface course shall be promptly removed and sufficient new material laid to form a true and even surface or otherwise satisfactorily corrected. All minor surface projections, joints and minor honeycombed surfaces shall be ironed smoothly to grade as may be directed. 2D-4 BITUMINOUS CONCRETE CURB 4.1 This work shall consist of constructing a hot-mixed, hot-laid bituminous concrete curb on a completed bituminous surface in accordance with these specifications and within reasonably close conformity to the lines and grades shown on the drawings or established by the Engineer. This curb shall conform to the details shown on the drawings. The materials and construction requirements for this curbing shall confom to Section 636 of PennDOT Form 408, 1976. 2D-5 PAINTING PARKING STALL LINES 5.1 This work shall consist of the application of parking stall lines with white paint on the parking lot at the locations indicated on the drawings. The materials and construction requirements shall conform to Section 962 of PennDOT Form 408, 1976. END OF SECTION 2D-4 Section 2E - Floating Docks and Ramps 2E-1 SCOPE OF WORK 1.1 The work to be accomplished under this section includes but is not neces- sarily limited to the following: (a) Floating docks (b) Ramps w/hand rails 2E-2 WORK INCLUDED 2.1 The Contractor shall furnish all labor, equipment and materials and per- form all operations in connection with the construction of floating docks as shown on the drawings or as directed by the A/E in accordance with these specifications and applicable drawings. 2E-3 GOVERNING SPECIFICATIONS 3.1 This work shall include but is not limited to furnishing floating docks, anchoring system, dock hardware, and all other items incidental to the proper installation of floating docks. 3.2 The dock units shall be heavy duty designed for the following loa ds and conditions: Vertical (a) Live load shall be not less than 15 psf (b) Combined dead load plus live load shall be not less than 50 psf. Dock units at dead loading in the water shall maintain a freeboard of approximately 24". At the combined loading of 50 psf, a free board of approximately 12" shall be maintained. Horizontal (a) Wind - Uniform load from any direction, 10 psf assuming 100% boat occupancy. Profile height of boats to be as recommended by Manual 50 11ASCE Journal of the Waterways and Harbors Division", Page 106, dated 1969. 3.3 All units must be joined in a manner so that the sections may be separated for winter storage on land. Attachments between units shall be capable of withstanding loads as specified in Paragraph 3.2 above. The means of attachment shall be suitably bolted, pinned or protected to prevent loosening or detachment due to vibration, wave action, wind, dead or live loads. Assembly and disassembly of attachments between units must be accomplished using standard hand tools and must be accessible from the dock's upper surface. Attachments sl-,all be protected from environmental corrosion so as to be functional at any time. 2E-1 3.4 Wood deck shall consist of 2"x4", 2"x6" and/or 2'1x811 planks of southern yellow pine, Grade No. 2 or better, pressure treated with pentachlorophenal at 0.5 lbs./cu. ft. minimum or with a recognized wood preservative, pressure applied according to directions of the preservative manufacturer. 3.5 Structural steel shall consist of Standard American Institute of Steel Construction (AISC) A-36 - Structural Shapes and ASTM A-526 - Carbon Steel Shapes. Light gauge members shall meet specifications of American Iron and Steel Institute. All structural shapes and light gauge members shall be hot-dipped galvanized in accor- dance with ASTM A-123. 3.6 Connections shall be a combination of bolts and welds. Bolted connections shall be in accordance with standard AISC Specifications. Welds shall be executed in accordance with the provisions of the American Welding Society Specifications. 3.7 The pontoons shall consist of galvanized steel, fiberglass or plastic shells which resist physical or chemical damage and completely enclose the flotation material. The shells shall be completely filled with foamed-in-place polystyrene in accordance with Class I of ASTM Designation D-2135-62-T. Pontoons to have Bitumastic (coal tar epoxy) coating, Kopper Spec. 300-M or equal. 3.8 Ramps shall be designed for dead load plus a minimum live load of 50 psf. Handrials shall be capable of withstanding a horizontal thrust of 50 lbs. per lineal foot applied at the top of the railing in accordance with Section 3.1.2 of the American Standard Building Code. 3.9 All docks and ramps shall be designed and fabricated with a minimum 2" diameter Schedule 40 pipe torsion bar joining substructure members and thereby pre- venting torsional displacement of the deck surface. Pipe shall be welded to members via 3/1611 minimum fillet weld. Welds shall be repaired with one coat of "rustoleum" and one coal of "galvalox" or equals. 3.10 Cleats shall be provided on the outerside of the units located three feet in from each end. Cleats shall be 1211 cast iron units as manufactured by Wilcox- Critterden or equal and shall be securely attached by through bolting or welding. Surfaces shall be smooth and rounded so as to prevent damage to mooring lines. 3.11 Rubrail shall be provided on all sides of units that are exposed to boat traffic and shall consist of 2"x6" wood planks conforming to Paragraph 3.4 above with polyvinyl chlorine plastic bumper strip as shown on drawings. Fastening devices shall be countersunk to prevent contact to adjacent boat hulls. - 3.12 The vendor shall guarantee all units against defects in materials and workmanship for a period of one year following installation. 3.13 All dock units and components to be as manufactured by United McGill Corporation or approved equal. END OF SECTION 2E-2 Section 2F - Wooden Guard Posts 2F-1 WORK INCLUDED 1.1 The work to be accomplished under this section includes but is not neces- sarily limited to the following: (a) Wooden guard posts 2F-2 WOODEN GUARD POSTS 2.1 The Contractor shall furnish all labor., equipment and materials, and perform all operations in connection with the construction of wooden guard posts as shown on the drawings or as directed by the Erigineer/Inspector in accordance with these specifications and applicable drawings. 2.2 This work shall include but is not limited to furnishing treated wooden posts, digging post holes, backfilling and tamping, cleanup, and all other items incidental to the proper installation of wooden guard posts. 2.3 Posts shall be cut as indicated on the drawings and shall have a minimum diameter of 7 inches and a maximum of 10 inches throughout and shall be at least 6 feet long. All posts shall have at least one side which shall be within 1 inch of being straight for the portion above the ground line. This side shall be turned toward the road surface. No side of a post above the ground line shall deviate more than 3 inches from a straight line. 2.4 Posts shall be manually set or mechanically driven with the butt end in the ground, plumb and firm, spaced and cut as indicated on the drawings, unless other- wise directed., and to the lines and grades indicated. Post shall be set according to size in order to eliminate a marked contract between adjacent posts. Post holes shall be backfilled to the ground line with approved material in thoroughly compacted 4 inch layers. END OF SECTION 2F-1 Section 2G - Chain Link Fence ZG-l WORK INCLUDED 1.1 The work to be accomplished under this section includes but is not neces- sarily limited to the following: (a) Chain link fence 2G-2 CHAIN LINK FENCE 2.1 The Contractor shall furnish and install where indicated on the drawings an 10 foot high chain link type fence. Fence installation shall include metal posts, metal braces and fittings, wire fabric, gates, top and bottom rail, and accessories as speci- fied under fencing materials. The chain link fence shall be the Cyclone Type II fence as manufactured by U. S. Steel, Pittsburgh, Pennsylvania, or approved equal. Any proposed alternatives shall meet all specifications of the Cyclone Type II fence. 2.2 Fence shall be erected to location as indicated on the drawings. The completed fence shall be plumb and taunt and shall conform to the best established practices of this work. Where rock is encountered, a hole shall be drilled a minimum of 12 inches into the rock. The diameter of the hole shall be 1/2 inch larger than the maximum dimensions of the post. The post shall be grouted in place using Class B con- crete. 2.3 Eiisting 61 high fence shall be removed and disposed of by Contractor in area designated on drawing. 2.4 Contractor must be experienced in installations of this type and must examine conditions under which fence and gates are.to be installed. Contractor shall not proceed until final grading is completed. 2.5 Contractor shall submit three samples approximately 61' long or 61' square of fabric material, post section and typical accessories. Contractor shall submit shop drawings, including details illustrating fence height, sizes of posts, rails, braces, gates, and footing and accessories. Fencing materials shall be delivered in manufacturer's original packaging with all tags and labels intact and legible. Material shall be handled and stored in such manner as to avoid damage. 2.6 ' The chain link fabric shall be one piece width of 8 feet. The fabric shall consist of No. 9 gauge wire woven in a 21' mesh. Top and bottom of fabric shall have twisted and barbed selvages. The finish for the fabric shall be heavy galvanized, 2.0 ounces zinc per square foot in accordance with ASTM Specification A.392, Class II. 2.7 All tubular members shall comply with provisions of ASTM-A120 for weight and coating. All structural and roll formed shapes shall conform to provisions of ASTM A123 for galvanized coating. 2.8 End, corner and pul 1 posts shall be a 3-1/2"x3-1/2" rolled, formed section weighing 5.14 pounds per lineal foot. The corner posts shall be placed at angle points 2G-1 in horizontal alignment and/or where directed by the Engineer/Inspector. Pull posts shall be provided at angle points in vertical alignment, at maximum 500 foot intervals between end or corner posts in level terrain, and/or where directed by the Engineer/ Inspector. 2.9 Line posts shall be an H section weighing 2.7 pounds per lineal foot evenly spaced 10 feet or less apart. 2.10 Gate posts shall be 4 inch O.D. pipe weighing 9.1 pounds per lineal foot. Bracing for gate posts shall meet the requirements specified for end or corner posts. 2.11 Top and bottom rail shall be 1.625"xl.25" roll formed sections weighing 1.35 pounds per lineal foot. Rails shall be furnished in manufacturer's standard lengths of approximately 21 feet with couplings approximately 6 feet long for each joint, one coupling in each five to have expansion spring. Provide means for attaching top rail securely to each gate, corner, pull, and end posts. Top rail shall form continuous brace from end to end of each run of fence. 2.12 The post bracing assembly shall match the top rail for a horizontal brace and have a 3/8 inch diameter rod with adjustable take-up for the diagonal truss. 2.13 All accessories except tie wires shall be galvanized to comply with ASTM- A153. 2.14 All post tops shall be pressed steel or malleable iron, designed as a weathertight closure cap (for tubular posts). Provide one cap for each post unless equal protection is afforded by combination post top cap. Where top rail is used, provide tops to permit passage of top rail. 2.15 Stretcher bars for tubular end, cornea, pull, or gate posts shall be one piece lengths equal to full height of fabric with a minimum cross-section of 3/1211x 3/411. Provide one stretcher bar for each gate and end post, and two for each corner and pull post. 2.16 Stretcher bar bands shall be heavy pressed steel, spaced not over 15" o.c. to secure stretcher bars to tubular end, comer pull and gate post. 2.17 Extension arms shall be hot-dip galvanized. All intermediate posts fitted with non-climable extension arms, made of pressed steel riveted to heavy malleable iron base. All end and comer posts are fitted with heavy malleable iron arms. These arms carry three barbed wires securely fastened. Topmost barbed wire 12 inches above the fabric. 2.18 Security wire shall be three strands special stainless steel ribbon wire. 2.19 Gate for fence shall be a double gate using two leaves of size indicated on the drawings. Directi -on of gate swing shall be as indicated on the drawings. Gate peri- meter frames shall be 1.90" o.d. tubular members. Additional horizontal and vertical members shall be provided to ensure proper gate operation and for attachment of fabric hardware and accessories. 2G-2 2.20 Gate frames shall be assembled by welding or fittings and rivets for rigid 16 connections. Use same fabric as for fence, unless otherwise indicated. Install fabric with stretcher bars at vertical edges and tie at top and bottom edges. Attach stretcher bars to gate frame at not more than 15" o.c. Attach hardware with rivets or by other means which will provide security against removal or breakage. 2.21 Diagonal cross-bracing shall be provided consisting of 3/8 inch diameter adjustable length truss rods on gates where necessary to provide frame rigidity without sag or twist. 2.22 Provide the following hardware and accessories for each gate: (a) Hinges shall be of pressed steel or malleable iron to suite gate size; non-lift off type; offset to permit 1800 gate opening. Provide one pair of hinges for each leaf. (b) Latch shall be forked type or plunger-bar type to permit operation from either side of gate. Provide padlock eye as integral part of latch. END OF SECTION 2G-3 DIVISION 3 - CONCRETE Section 3A - Cast in Place Concrete 3A-1 SCOPE OF WORK 1.1 The Contractor shall furnish all labor, materials, equipment and services required for the installation of all plain and reinforced concrete work indicated on the Contract drawings and/or described in these specifications. Included with the concrete work are the furnishing and installing of all appliances, scaffolding runways, forms, joints, and all steel reinforcement. 3A-2 WORK INCLUDED 2.1 The work in general includes, but is not necessarily limited to, construc- tion of the concrete wharfs, boat ramp, and culvert end walls. 3A-3 GOVERNING SPECIFICATIONS 3.1 The following Sections of PennDOT Form 408, dated 1976, shall govern the use of cast in place concrete for this project: (a) Section 700 - Material Details for Cement, Fine Aggregate and Coarse Aggregate (b) Section 704 - Cement Concrete and Ready-Mixed Cement Concrete (c) Section 1000 - Structures for Construction Methods Including Forms, Placement,, Finishing, Curing, etc. 3.2 The concrete for this project shall be Class "A!'-Air Entrained, 3300 p.s.i. 3.3 Four test cylinders will be made, as per above mentioned specifications, from each day's pour, as directed by the Engineer. Curing of these test cylinders shall be under the same conditions as the concrete structure. 3.4 The surface of the ramp shall be finished with a coarse bristle broom with score lines running across the ramp. This finish is required to improve the tire trac- tion when launching and retrieving boats, especially when*the ramp surface is wet. The Engineer/Inspector is to approve or modify the finish of the first concrete pour. Sub- sequent ramp pours to be finished the same. END OF SECTION 3A-1 I 16 Section 3B - Concrete Reinforcement 3B-1 DESCRIPTION 1.1 This work shall consist of furnishing and placing reinforcement bars for the various items of cement concrete construction in accordance with these specifications and within reasonably close conformity to the lines, dimensions and location shown on the drawings. 1.2 Section 1002 Reinforcement Bars of PennDOT Form 408, dated 1976, shall govern. END OF SECTION 3B-1 Section 3C - Precast Concrete Plank 3C-1 SCOPE AND REQUIRED WORK 1.1 The work covered by this section consists of furnishing all labor, equip- ment, supervision, and appurtenances necessary to complete and install all precast con- crete planks required for the project in strict accordance with this section of the specifications and the drawings. 1.2 The prefabricated plank shall be 10 feet long by 15 inches wide by 4 inches deep and reinforced with No. 4 deformed reinforcing bars with 3/8 inch by 1-1/2 inch by 1 foot 11 inches long steel strap welded to bars as shown on PFC Drawing No. FC-10OA-10C. 1.3 The finish on the surface of the plank shall be irregular. Use two stripes 3 inches wide, battered each side, by 1/2 inch deep and -run the full length of the plank. 1.4 Each plank shall be made of 0.15 cubic yards of PennDOT Class AA (3750 psi) concrete and cured for 28 days before moved or installed. END OF SECTION 3C-1 DIVISION 4 - MISCELLANEOUS ITEMS Section 4A - Painting and Welding 4A-1 SCOPE AND REQUIRED WORK 1.1 The work covered by this section consists of furnishing all labor, equip- ment, supervision and appurtenances necessary to complete all painting and welding required for the project in strict accordance with this section of the specifications and the drawings. 1.2 All metal work, except surfaces to be embedded in concrete, finished, gal- vanized or machined surfaces, shall be cleaned and painted in a thorough manner. 1.3 All scale, rust, dirt, oil or other foreign substances shall be removed from surfaces to be painted by means of wire brushes, scrapers, mineral spirits or some other effective means approved by the Engineer/Inspector. All surfaces of metal parts to be painted shall receive one shop prime coat of paint and two field coats as directed. 1.4 All ferrous metal shall be painted and shall receive one shop coat of metal primer applied by a brush in a thorough manner to prevent corrosion. All shop painted surfaces, inaccessible after fabrication, shall receive an additional shop coat of the same primer before assembling. 1.5 After delivery at the site, all shop painted metal work shall be kept clean and free from corrosion. The surfaces shall be repainted or retouched from time to time if necessary. After erection or installation of all metal work, all blisters shall be removed and scraped and bare spots shall be touched up with metal primer prior to the application of the final two field coats. Field coats shall be aluminum paint made of aluminum powder or aluminum paste with spar varnish vehicle or prepared aluminum paint produced by a reputable paint manufacturer. First coat shall be colored to distinguish it from the second coat; second coat shall be applied after first coat has thoroughly dried. 1.6 All welding shall be done in a thorough workmanlike manner in accordance with the Specifications of the American Welding Society. END OF SECTION 4A-1 16 Section 4B - Dock Stiff Arms 4B-1 DOCK STIFF AWS 1.1 Standard steel pipe (Schedule 40) shall be used to construct stiff ams. Pipe shall be galvanized and in the following sizes: I.D. O.D. Wt./L.F. 1-1/211 1.610 1.90 2.72 lbs. 311 3.068 3.50 7.58 lbs. END OF SECTION 4B-1 I @& Section 4C - Chain I 4C-1 CHAIN 1 1.1 Chain shall be 1/21, galvanized, proof coil chain. I - END OF SECTION - I I I I is I 1, I I I I 4C-1 I DIVISION 5 - MOISTURE PROOFING Section 5A - Joints and Sealant SA-1 JOINT FILLER 1.1 All expansion joints shall be filled with 1/211 preformed standard cork expansion joint filler as manufactured by Servicized Products Corporation, Chicago, Illinois, Code 4324, or an approved equal. Joint filler shall be installed before the concrete is poured and securely held in place in a plane perpendicular to the slab sur- face. It shall extend through the entire thickness of the slab and shall be 1/211 below the finished surface. SA-2 JOINT CAULKING 2.1 Eipansion joints shall be installed as indicated on the drawing and shall conform to the specifications of polyvinylchloride water stop, cork joint material, sealing compound, dowel bars and all other items to make the expansion joint complete. 2.2 All exposed joints shall be caulked or sealed with a two-part polysulfide cold-applied joint sealing compound gun grade, gray color. 5A-3 CONSTRUCTION JOINTS 3.1 Joints not shown on the drawings shall be so made and located as to least impair the strength of the structure, as directed by the Engineer/Inspector. In general, they shall be located near the middle of the span of the slabs or walls. All reinforcing steel and mesh shall be continued across construction joints not intended for expansion or contraction of the structure. Keys, additional reinforcing and inclined dowels shall be provided as directed-by the Engineer/Inspector. Longitudinal keys at least 1-1/2" deep shall be provided in all joints in walls. END OF SECTION 5A-1 DIVISION 6 - MECHANICAL Section 6A - Storm Water Drains 6A-1 WORK INCLUDED 1.1 The work covered by this section consists of furnishing all labor, equip- ment, supervision and appurtenances necessary to complete all site storm water drains required for the project in strict accordance with this section of the specifications and the drawings, including, but not limited to: (a) Storm water drain pipes (b) Concrete end walls 6A-2 RELATED SECTIONS 2.1 Other divisions and sections of these specifications which are related to this section are: (a) General Conditions, DGS dated 1975 (b) Division 1 - General (c) Section 2B - Earthwork (d) Section 3A - Concrete (e) Section 4A - Miscellaneous Items 6A-3 MATERIALS 3.1 Corrugated Metal Pipe (OV) and/or Reinforced Concrete Cement Pipe (RCCP): (a) Corrugated metal pipe shall conform to all the requirements of Class I, Section 707.2, PennDOT Form 408. The pipe gauges and types are to be as shown on the drawings. (b) Reinforced cement concrete pipe shall conform to the requirements of Section 706.1Y PennDOT Form 408. 6A-4 INSTALLATION 4.1 The banks of trenches shall be kept as nearly vertical as practicable and where required shall be properly sheeted and braced. In all cases, the contractor shall provide sheeting and bracing in all trenches 4 feet or more in depth in accordance with Department of Labor and Industry Regulations, CooWnwealth of Pennsylvania. Trenches shall be of sufficient width to provide a free working space on each side of the pipe of 12 inches between the pipe and the sides of the trench. Trenches shall be excavated to exact depth and equal grades as required for bedding pipes. 6A-1 4.2 When pipe or conduit is to be laid in fill, the embankment shall be brought to a height of at least two feet above the proposed top of the pipe before the trench is excavated. The embankment shall then be excavated to the proper form and graded, pipe placed and embankment carried to the height shown on the drawings, material being re- placed and tamped in layers as described herein these specifications. 6A-5 LAYING 5.1 Pipe laying shall proceed upgrade with pipe laid carefully, hubs upgrade, spigot ends fully entered into adjacent hubs and true to lines and grades given. Grade stakes, grade bars and grade lines shall be set and maintained by the contractor in the manner directed by the Engineer/Inspector to maintain a true pipeline and grade at all times. Every pipe shall be inspected before laying and any containing cracks or damage in any way shall not be used. 5.2 Each pipe shall be firmly held in position so that the invert forms a continuous grade with the invert of the pipe previously placed. The interior of all pipe and the inside of the bell and outside of the spigot shall be thoroughly cleaned of all foreign matter before being lowered into the trench and shall be kept clean during laying operations by means of plugs or other approved methods. Uhder no condition shall pipe be laid in water or on subgrade containing frost and no pipe shall be laid when trench con- ditions are unsuitable for such work. 6A-6 BEDDING 6.1 The pipe shall be bedded with care in soil foundation shaped to fit the pipe exterior to a minimum depth of 15 percent of the outside diameter. 6A-7- LENGTH OF OPEN TRENCH 7.1 The Engineer/Inspector has the right to limit the amount of trench opened in advance of pipe laying and the amount of pipe laid -i-n-aUvance of backfilling. 7.2 The Engineer/Inspector shall be empowered at any time to require the re- filling of open trenches over completed pipe lines, if in his judgment such action is necessary and the contractor shall thereby have no claims for extra compensation even though to accomplish said refilling he is compelled to temporarily stop excavation or other work at any place. 7.3 If work is stopped on any trench of excavation for any reason except by order of the Engineer/Inspector and the excavation is left open for an unreasonable length of time (in the opinion of the Engineer/Inspector) in advance of construction, the contractor shall, if so directed, refill such trench or excavation at his own expense and shall not again open said trench until he is ready to complete the structure or work therein. 6A-8 BACKFILL 8.1 All trenches shall be left open for inspection and approval by the Engineer/Inspector. Sufficient allowance shall be made after notice is given that 6A-2 the work is ready for inspection, for making all examinations and tests. Should the Con- tractor backfill any trench before all these operations have been completed, he will be required to reopen the trench at his own expense, if requested. Under no circumstances shall excavated material remain, even temporarily, where it will interfere with the project or other contractor's operations. 8.2 All backfill shall be subject to approval by the Engineer/Inspector and shall consist of earth, loam, sandy clay, sand and gravel, and soft shale, free of large clods of earth and stones, or other material if so directed by the Engineer/Inspector. 8.3 Backfill free of stonesP cinders and slag shall be deposited by hand shovels and compacted on each side of the pipe simultaneously for the full width of the trench in layers not exceeding four inches in loose thickness until an elevation of at least one foot above the pipe is reached. The remainder of the backfill in trenches more than four feet from the edge of pavements in areas not requiring pavement replace- ments and in areas other than driveways, roadways and cartways; may then be deposited and shall be compacted in layers not exceeding six inches in loose depth. In the pre- viously excluded areas, backfill shall be deposited-and compacted in four inch layers. All compaction shall be 95% of the determined dry weight density and performed with power driven hand operated tampers designed for the type of work required. Any excavations improperly backfilled or where settlement occurs shall be reopened to the depth required for proper compaction, then refilled and compacted with the surface restored to the required grade and compaction, mounded over and smoothed off. 6A-9 TESTING 9.1 Completed lines shall be tested by "lamping" and shall offer full moon visibility at any and all sections to insure proper aligrment and grade. END OF SECTION 6A-3 Section 6B - Inlet Grates and Frames 6B-1 INLET GRATES AND FRAMES 1.1 Contractor shall furnish and install cast iron grating and frame over catch basins as shown on the drawings. The grating and frame shall be of the dimensions as shown and shall be cast iron No. R3475-3, as manufactured by the Neenah Foundry Co. or approved equal. END OF SECTION 6B-1 DIVISION 7 - METAL WORK Section 7A - Steel Sheet Piling 7A-1 WORK INCLUDED 1.1 The work covered by this section shall consist of the furnishing, driving and coating of steel sheet piling and bracing as indicated on the drawings and/or as described in these specifications. 7A-2 MATERIALS 2.1 Ste6l sheet piling and appurtenant material shall conform to ASTM Desig- nation A328 Grade - latest revision. The sheet piling shall be of an interlocking type of the Bethlehem Steel Corporation, Section PMA-22 and CP-40, or an equivalent approved by the Engineer/Inspector. 2.2 Coating shall be two coat painted waterproofing and shall consist of a primer and two coats of hot bituminous material - Section 680.2, PennDOT Form 408. 2.3 Structural steel shall conform to ASTM A-36. 7A-3 CONSTRUCTION METHODS 3.1 All equipment for placing and driving sheet piling shall be of approved type and furnished by the Contractor. 3.2 Sheeting may be driven with drop, steam or air hammers. The hammers shall be of a capacity to drive the sheeting to the depths shown on the plans under the soil conditions encountered; and of a type to distribute the blow throughout the crosssection of the steel sheet. Hammers shall be operated at the pressure and speed recommended by the manufacturer and for the full stroke for which the hammer is designed. 3.3 Pile driver leads shall be constructed to allow free movement of the hammer and shall be held in true vertical or inclined positions, as required, by guys or stiff braces to insure support to the sheet during driving. Leads shall be of sufficient length so that a follower will not be necessary under normal conditions. 3.4 Steel sheeting shall be driven to reasonably.close conformity to the lines, grades and locations shown on the plans or as directed by the Engineer/Inspector. After the sheeting has been driven, it shall be checked, as required by the Engineer/ Inspector, to see that none has risen or become loosened. Sheeting that may have been disturbed by the driving shall be redriven to the satisfaction of the Engineer/Inspector. 3.5 Steel sheeting may be spliced during the driving operation, provided the details of splicing are approved by the Engineer/Inspector. 3.6 After all the sheeting in one line has been driven and accepted by the Engineer/Inspector, the sheets'shall be cut off perpendicular to their axis at the 7A- 1 elevations indicated on the plans or as directed by the Engineer/Inspector and the 16 pins to support the pipe railing shall be welded in place. 3.7 Coating of the sheeting shall be done after all driving, cutting off and welding is completed. The area to be coated shall be the exposed surface facing the channel and the pipe railing supporting pins. Prior to the application of the coating, all surfaces to be coated shall be free of rust, scale or other foreign material. 1 3.8 Bracing edges shall be straight and true, angles sharp, and surfaces smooth, Shearing and punching shall leave clean, true edges and surfaces. 3.9 All bracing work shall be neat and smooth and made strong, stiff and rigid. Joints shall be strong and secure. Exposed joints shall be accurate and close fitting. 3.10 Do all drilling, tapping, cutting, and fitting required for installation or attachment of engaging work and furnish bolts, screws, or other fastenings as necessary for attachment of other work to miscellaneous metal. END OF SECTION 7A-2 DIVISION 8 - ELECTRICAL SERVICE Section 8A - Site Lighting 8A-1 GENERAL 1.1 The Contractor shall contact the Department of Parks and Public Properties City of Chester, for specific instructions before beginning this phase of the project. 1.2 The Contractor shall arrange for electrical service to site, including hanging of transformer and electric meter, with Philadelphia Electric Co. 1.3 The service will be in the form of 240V, 60 Hz supply. 1.4 Utility poles shown on the drawings as being relocated will be arranged for and paid for by the City of Chester and shall not be included in the contract. 8A-2 EARTHWORK 2.1 Provide all material, equipment, supplies, and labor to complete all trenching, excavation, backfilling, and all other earthwork necessary to construct the required structures, underground conduits and appurtenances. Make due considerations for difficulties and contingencies to be encountered and include in the contract price all costs of earthwork. All excavation is unclassified. 2.2 If excavation is in a filled area or unsuitable for direct placement of duct runs or manholes, excavate further until firm soil is reached and backfill to the duct or manhole level. Where necessary to bridge an unsatisfactory bearing area, con- crete pedestals shall be installed and the duct or conduit suitably reinforced to bridge the pedestals. 2.3 Backfill all excavations to the existing earth grades. Use earth, loam, sandy material, soft shale, or other approved materials free from large stones and clods. Backfill in 811 layers suitably compacted. Any trenches improperly backfilled or where settlement occurs shall be reopened to the depth required for proper compaction then compacted and refilled. 2.4 After backfilling and construction, remove all trash and debris. Leave the area neat and clean. 8A-3 WARNING TAPE 3.1 Strips of polyethylene tape, 6" wide, bright yellow in color, with two rows of continuous printing repeating every 2411: CAUTION CAUTION BURIED ELECTRIC LINE BELOW Tape shall be Terra Tape, manufactured by Griffolyn Co.j Inc., or approved equal. 8A-1 8A-4 EXTERIOR UNDERGROUND CONDUIT 4.1 See drawings for size, number, type and special requirements. Install top of conduits at least 3011 below final grade. Grade the trenches so that the conduits will have a fall of at least 3" per 1001 toward an approved drain point. Where changes in direction are required to miss obstructions, make the changes gradual. These requirements also apply to conduits encased in concrete. 4.2 Conduits may be galvanized wrought iron without concrete casement. Un- less shown otherwise on the drawings, earth fill shall be free from cinders and slag. 4.3 If conduit other than galvanized wrought iron is used, it shall be poly- vinylchloride, per ASTM D-149 or D-150 and encased in concrete. 4.'4 Surround palstic conduits with at least 311 of concrete. Install approved spacers at intervals of not over 51 to insure a uniform spacing between conduits. Maje up joints with an approved waterproof-compound. 4.5 Unless the drawing details show continuous reinforcement, reinforce the concrete envelope at all points where conduits cross fill, loose soil, water, gas, steam., or sewage piping. Reinforcements to consist of one No. 6 reinforcing rod between each two conduits in the bottom layer and one rod laid in each of the four corners of the conduit envelope. Center the rods between the conduits and place half-way between the bottom of the conduits and the bottom fo the concrete envelope. Extend the rein- forcing 61 beyond each end of the fill or pipe crossover. 4.6 The routing of conduit as shown on the plans is general. Modifications to conduit runs shown on the drawings, as found necessary, shall be made without addi- tional cost to the Commission and shall be subject to the approval of the A/E. 8A-5 CABLE 5.1 The cable shall be copper, as manufactured by Manhattan Electric Cable Corp. or approved equal. They shall be #10, UF cable with two insulated conductors and one ground conductor. The cable shall be as manufactured by Manhattan Electric Cable Corp. or approved equal. 8A-6 WIRE INSTALLATION IN CONDUIT 6.1 Pull wire into conduit only after all work has been completed that can injure the wire. No wires shall be installed in conduit until concrete, plaster, etc. is dry and conduits are free from moisture. Use only U.L. approved wire pulling compound. 6.2 All wiring shall be continous with conduit runs. 8A-7 SPLICE BOXES 7.1 National Electric Code approved splice boxes shall be provided where shown on the drawings. 8A-8 SPLICES 8.1 Keep splices to a minimum, especially in pull boxes. 8A-2 8.2 In general, use solderless pressure connectors for taps and splices on all except branch circuit wire. 8.3 For branch circuit splices, use a floating spring sleeve type connector, Scotch-Lok, Buchanon "B" Caps, or approved equal. Choose the correct size and so install that the wires cannot loosen. 8A-9 GROUNDING 9.1 Ground all equipment and the neutral conductor of the service as required by the NEC. Connect the main service ground on the street side of all valves, meters and unions. Install ground wires in conduit. Securely bond the conduit to the ground wire at both ends of the conduit. 9.2 The resistance between the ground cable and absolute earth shall not exceed 25 ohms and.shall be measured in the presence of authoritative personnel before equipment is placed in operation. 8A-10 SITE LIGHTING 10.1 Site lighting shall be furnished and installed as shown on drawings and shall consist of 40 foot high Magnaform B square steel pole #SSP8-406-Cl with two magna- form mercury vapor luminaires #MFL-0400C-3G3-AlP by Hubbel or approved equal. Fixtures to be complete with photo control and all required hardware and installation items. Color to be dark bronze, lamps to be 240 volt, 400 watts mercury vapor (coated). 8A-11 KEYED SWITCHES 11.1 Keyed switches shall be #1181WP key switches mounted in cast aluminum, single device weatherproof box with #7794 FS weatherproof cover plate, by Arrow-Hart or approved equal. 8A-12 PROTECTION AND RESPONSIBILITY FOR DAMAGE 12.1 Effectually protect all electrical work, materials and equipment. All openings into any part of the conduit system, as well as all fixtures and equipment, both before and after being set in place, shall be securely covered or otherwise pro- tected to prevent obstruction of the conduit or injury due to carelessly or maliciously dropped tools or materials, dirt, or any foreign matter. Cover conduit ends with capped bushings during construction. The Contractor is responsible for all damage to his work until the electrical installation is fully and finally accepted. END OF SECTION 8A-3 P. 11110111MIN ,1, 3 6668 14101 1579