Project report of the Pearl Beach Avenue Fishing Pier renovations

[From the U.S. Government Printing Office, www.gpo.gov]

MICHIGAN
CrZM GRANT #NA-80-AA-ri-CZ157
SUBTASK

VALENTINE THOMAS &

CONSULTING ENGINEERS AND LAND SURVEYORS

PROJECT REPORT

OF THE
EPEARL BEACH AVENUE

FISHING PIER RENOVATIONS

FOR

CLAY TOWNSHIP

ST. CLAIR COUNTY, MICHIGAN

06- FINANCIAL ASSISTANCE

(*x
COASTAL ZONE MANAGEMENT ACT

ADMINISTERED BY

OFFICE OF COASTAL ZONE MANAGEMENT,

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

31 WITH ACKNOWLEDGEMENT TO

MICHIGAN COASTAL MANAGEMENT PROGRAM

ADMINISTERED BY

DEPARTMENT OF NATURAL RESOURCES,

DIVISION OF LAND RESOURCE PROGRAMS

P76
VT
A

3847 PINE GROVE ROAD, PORT HURON, MICHIGAN 48060 (313) 982-2700

TABLE OF CONTENTS

Introduction . . . . . . . . . . . . . . . . . . . . I

Brief project discussion . . . . . . . . . . . . . . . II

Contract documents and specifications . . . . . . . III

Project plans . . . . . . . . . . . . . . . . . . . IV

Project photographs . . . . . . . . . . . . . . . . . V

US Department of ComMM0
NOAA Coastal Services Center LibrM7
2234 South Hobson Avenue
L Charlestono SC 29405-2413

Lloyd H. Thomas
James W. Shink
VALENTINE - THOMAS & ASSOCIATES, INC. Richard E. Phillips
Stephen G. Bruen
Michael J. Rossow
CONSULTING ENGINEERS AND LAND SURVEYORS David C. Lewandowski

August 21, 1981

Michigan Department of Natural Resources
Great Lakes Shorelands Section
Land Resource Programs Division
Stevens T. Mason Building
P.O. Box 30028
Lansing, MI 48926

Attention: Mr. Chris A. Shafer, Acting Section Chief

Re: Clay Township Fishing Access Restoration, St. Clair County,
Michigan

Dear Mr. Shafer:

In accordance with the "Scope of Work" we are providing a
final project report which contains a brief discussion of what
was done, photographs of the pier before, during and after
construction, several 15 mm slides of the pier, contract documents,
and construction plans.

We feel that a project such as this, that provides improved
shore access to the water is very worthwhile and we are thankful
for the opportunity to provide our services on this project.

Sincerely,

VTA ASSOCIATES, INC.

James W. Shink, P.E.

JWS:cit

Enclosure
VT
A

3847 PINE GROVE ROAD, PORT HURON, MICHIGAN 48060 (313) 982-2700

CLAY TOWNSHIP
PEARL BEACH
FISHING PIER RENOVATIONS

PROJECT DISCUSSION

The purpose of this project was to restore and enhance the Pearl
Beach Fishing Pier, the only Township owned public access site to
the St. Clair River.

The project is located within the Pearl Beach Avenue right-of-way on the north
channel of the St. Clair River, in Clay Township which is at the south
end of St. Clair County, Michigan. In 1964 a steel sheet bulkhead
was installed around the originial wooden pier and over a period of
years earth fill has been placed within the steel bulkhead to form
the pier that presently extends 300 feet from the shore out into the
river. Prior to the restoration project the earth fill was unevenly
graded and there was considerable vegetation growing along its length.

Construction plans-and specifications were developed, the project
was advertisied for bids, bids were received by the Township and the
contractor that submitted the lowest bid was selected to do the
work.

Construction began by grading the earth within the bulkhead and removing
vegatation growing along its length. Next polyethelene sheeting was
placed to help eliminate unwanted vegatation from growing on the pier.
To protect the polyethelene sheeting and hold it in place a 2" deep
layer of limestone was spread over the sheeting. Then wood nailers
were bolted to the steel angles that formed the bulkhead cap. The
elevation of the top of the bulkhead varied somewhat and in order
to correct that condition the nailer was notched at the joists to
provide an even deck surface. After the 3" x 10" x 15 foot long joists
were toe nailed in place, the decking which consists of random length
2" x 6" boards was nailed to the joists using a minimum of 2 nails
at each joist crossing. The railing was then set in place. An
alternate railing system was used. This system known as Kee Klamps
utilize strong galvinized malleable iron slip-on pipe fittings with
from one to five case hardened set screws to each fitting. They are
used with standard galvinized iron pipe and form a relatively strong
and rigid system. To install the ten wooden benches the contractor
had to temporarly remove two deck boards at each bench location.
This was done to provide access below deck for bolting the benches to
the pier.

The four safety ladderscalled for on the plans were attached to the
pier after the railing was installed. This proceedure was followed
to insure that the ladders were located correctly at each of the
four 2 feet wide openings provided in the railing.

Clay Township Fishing Pier Renovations
Page 2

The last item to be installed was the nine wood guard posts. They
were placed 10 feet back from the shoreside end of the pier and across
the entire 50 feet wide road right-of-way. This should prevent cars
from driving into the water or out on the pier.

Final inspection was attended by two Clay Township Officials, the
contractor Commercial Carpentry, Inc. and the Engineer. The items
on the check list included approximately ten deck boards that had
split and needed replacing and two welds on the safety ladders that
needed some paint touch up. The contractor agreed to the check list
and all items were satisfactorly taken care of.

Throughout the project there was a good communication between the
Land Resource Programs Division, Clay Township, Commercial Carpentry
and the Engineer. We feel that this helped the project to proceed
with relative smoothness.

VALENTINE THOMAS & ASSOCIATES, INC.

CONSULTING ENGINEERS AND LAND SURVEYORS

CONTRACT DOCUMENTS

AND

SPECIFICATIONS

FOR

PEARL BEACH AVENUE

FISHING PIER RENOVATIONS

FOR

CLAY TOWNSHIP

ST. CLAIR COUNTY, MICHIGAN

COASTAL MANAGEMENT PROGRAM
VT
A

3847 PINE GROVE ROAD, PORT HURON, MICHIGAN 48060 (313) 982-2700

C 0 M M E R C I A L C A R P E N T R Y I N C 0 R P 0 R A T E D

22830 Glenwood Road
Mt. Clemens, MT 48043
(313) 792-0142

,hine 25, 1981

To Whom It May Concern:

Reference: Clay Township Fishing Pier Rehabilitation Project

I. Christopher R. Sieradzki, owner of the firm, certify that

I will abide by the requirements for non-segregated facilities as

required by the May 9th, 1_967 order (32 F.R. 7439).

Also, I certify to abide by the Clean Air Act as amended, 42

USC 1857 Et. Seq., the Federal Water Pollution Control- Act, as amended,

33 USC 1251 Et. Seq. and respect thereto, at 40 CFR Part 15, as amended;
and any other Federal- regulations as assigned to this contract.

Respectfully,

COP*ERCIAL CARPENTRY, INC.

ChristopAer R. Sieradzki
Owner

CRS/nla

F X

Contract Documents and Soecifications

.,or

Pearl Beach Avenue Fishing Pier Renovations

Clay Township

Addendums . . . . . . . . . . . . . . . . . . . . . . . .

Advertisement . . . . . . . . . . . . . . . . . . . . . . ADV-1

Instructions to Bidders . . . . . . . . . . . . . . . . . 2-IB-1. to 2-IB-2

Bid for Unit Price Contract . . . . . . . . . . . . . . . 3-FP-1- to 3-FP-3

Non-Collusion Affidavit . . . . . . . . . . . . . . . . . NCA-1

Contract . . .. . . . . . . . . . . . . . . . . . . . . . CON-1 to CON-5

BondS7 Performance, Labor and Material . . . . . . . . . 4-B-1 to 4-B-Z,

SPecial Project Conditions . . . . . . . . . . . . . . . PROJ-1 to PROJ-5

Coasta@ Hanage.r.i(,nt Program Construction
Contract Conditions . . . . . . . . . . . . . . . . . . . CC-1 to CC-10

Construction Contractors Affirmative Action
ReQuirements . . . . . . . . . . . . . . . . . . . . . . AA-1 ro AA-15

V7aqe Determination . . . . . . . . . . . . . . . . . . .

General Conditions . . . . . . . . . . . . . . . . . . . 5-GS-1 to 5-GS-12

Detailed Specifications:

Fishing Pier . . . . . . . . . . . . . . . . . . . . FP-1 to FP-2

INVITATION TO BID

TOWNSHIP OF CLAY

PEARI, BEACH AVENUE FISHING PIER RENOVATIONS

DEPARTMENT OF NATURAL RESOURCES

COASTAL MANAGEMENT PROGRAM

Sealed bids will be received by the Township of Clay at the Township Offices,
4710 Pte. Tremble Road, Algonac, Michigan, 48001, on Thurs., June 4, 1981 at
10 a.m., E.D.S.T. and will be publically opened and read aloud immediately there-
after.
Bids are invited for the construction of the items and quantities of work as
listed in the Form of Proposal. The major items and approximate quantities
include the following:

Treated Wood Decking 4650 S.F.
Wood Benches 10 Ea.
Metal Railing 215 L.F.
Crushed Limestone (2 in. deep) 473 S.Y.
Guard Posts 14 Ea.

The work further includes wood framing, polyethelene sheeting, swim ladder,
and minor earth grading. Copies of the contract documents may be obtained
at the office of the Engineer, Valentine-Thomas & Associates Inc. , 3847
Pine Grove Road, Port Huron, Michigan, 48060.

A deposit of $15.00 for each set of documents is required. Each deposit
will he refunded if the drawings and contract documents are returned in
good condition within ten (10) days after bid opening.

Each proposal must be accompanied by a certified check, Cashiers check or
Bid Bond, Payable to the Township of Clay, for the sum of 5% of the accompanying
bid, to secure the Township of Clay, by reason of the withdrawal of the bid
or the failure of the bidder to enter into a contract, if the bid is accept-
able to the Township.

The Township of Clay reserves the right to accept or reject any or all bids
or to waive any informalities in the bidding when such action will serve the
best interest of the Township of Clay.

No bidder may withdraw their bid within forty five (45) days after the
actual opening thereof.

The work covered by this Proposal is being assisted by the United States of
America and the Michigan Department of Natural Resources under the Coastal
Management Program. Bidders will be required to comply with all Federal and
State provisions applicable to such assistance. These requirements are
explained in the Contract Documents.

TOWNSHIP OF CLAY
BARBARA A. LOUPES

TOWNSHIP CLERK

IN@3TRUCTTON@ TO BIDDI@RS

The TDublished advertisement for the Dronosed work contains information
necessary to bidders. A copy o@@ the advertisement is attached hereto
and is to be considered a part of the instruction@, to bidders as fully
as if repeated herein.

DRAWINGS:

The drawings accompanying these specifications are identified as follows:

Pearl Beacn Avenue
Fishing Pier Renovations
Sheets No. 1 & 2

ENGINEER:

Any reference 1, ',einaftcrto the Engineer shall be understood to mean
Valentine-Thomas & Associates, Inc., Port Huron, 1-lichigan.

ADDENDA DURING BIDDING:

Bidders may, during the bidding period, be advised by Addenda of additions,
omissions or alterations in th( specifications and drawings. All such
changes shall be in the work covered by the Proposal and shall become a
Part of the specifications.

No oral, telegraT.Phic, telephone i*)roposals, modifications or interpretations
will be considered or given, unless confirmed in writing before time set
for termination of bidding.

Should any bidder*find discrepancies in or omissions from these drawings
or specifications, or should he be in doubt as to their meaning, he should
notify the Engineer, who will send written instruction (Addenda) to all
concerned.

EXAMINATION OF THE PREMISES:

Each Contractor will be held to have examined the premises and satisfied
himself as to existing conditions under which lie will be obligated to
operate or that will in any manner affect the wort. under this contract.
No allowance shall be made in this connection in behalf of the Contractor
for any errors or negligence.

PROPOSALS:

ProDosals shall be made out in accordance witb the blank form included
herewith, with all items correctly filled in and enclosed in a. sealed,
00 opaque envelo.pe marked with the rame of the bidder. All proposals shall
be delivered on or before the date set for the termination of the biddinu.

2-IB-1

All Prices quoted in the proposals shat ' include the providing of all materials,
labor, tools, equiT 'Dment, sales and use taxes and utility and transportation
services and all other things necessary to oer@oi@m and complete all of the
work required under the contract includincT al] miscellaneous work, whether
specifically i.ncluded in the contract do(@umcnts or not. It is the intention
of the specifications to Provide finished work. Any item omitted therefrom
which are clearly necessary for comPletion of the work or its appurtenances,
shall be considered a portion of the work through riot directly specified.

PROPOSAL GUARANTEE:

All bids must be accompanied by a certified check, bank draft, or bid bond
by a recognized surety company, similar to U.S. Government Standard Bid Bond,
in the amount of at least five Dcrcent (5%) of the amount of the bid submitted
made payable to the Township of Clay (hereinafter referred to as Owner). -The
certified check, bank draft, or bid bond is guarantee the bidder will, in
case his bid is accepted, enter into contract within ten (10) days with the
Owner, to construct the work Proposed and to give satisfactory bonds in full
amount of the contract and as'soecified. The c`ieck, bank draft or bid bond of
the successful bidder will be forfeited to the owner upon failure to enter
into such contract and to give such bond. The check, bank draft or bid bond of
the successful bidder will be returned as soon as the contract is signed.

WITHDRAWAL _OF BIDS-:

No bidder may witadraw his bid within forty-five (45) days.

REJECTION OF BIDS:

The Owner does not obligate itself to acce -pt the lowest or any other bid,
nor to award the work within any definite time. The Owner further reserves
the right to waive any informaliti.es in bids.

RETURN OF DRAWINGS AND SPECIFICATIONS:

The drawings and specifications are the property of the Engineer and must
be returned in good order to the Engineer on the day of delivery of the
proposal.

These drawings and specifications will be secured together, marked with the
bidder's name and kept intact in the Enqineer's office until the contract
has been awarded. The successful bidder will then receive the drawings and
specifications from which he estimated if he so desires.

BONDS:

Prior to the signing of the contract of which these instructions shall be
part, the Contractor shall furnish performance bonds, and lal,,jr and material
PaymenL bonCls in amounts at least equal to one hundred percent (100%) of
the Contract Price, in such form as to the Owner may require, securing the
faithful 'performance of such contracts and payments of all obligations arising
thereunder. Such bonds must be with a recognized corporated security company.
The cost of such bonds shall be included in the Contractor's proposal.

2
I-IB-2

BID FOR UNIT PRICE CONTRACTS

Place: Clay Township Offices

4710 Ptc. Tremble Road

Date:
Project No: 80-194

Proposal of (hereinafter called

"Bidder"), organized and existing under the laws of the State of

,doing business as

To the Township of Clay (hereinafter called "Owne")

Gentlemen:

The Bidder, in compliance with your invitation for bids for the
construction of Pearl Beach Avenue Fishing Pier Renovations having
examined the plans and specifications with related documents and the site
of the proposed work, and being familiar with all of the conditions
surrounding the construction of the proposed project including the
availability of materials and labor, hereby proposes to furnish all labor,

materials, and supplies, and to construct the project in accordance with
the contract documents, within the time set forth therein, and at the
prices stated below. These prices are to cover al1 expenses incurred in
performing the work required under the contract documents, of which this
proposal is a part.

Bidder hereby agrees to commence work under this contract on or before
a date to be specified in written "Notice to Proceed" of the Owner and to
fully complete the project within 60 consecutive calendar days there-
after as stipulated in the specifications. Bidder further agrees to pay as
liquidated damages, the sum of $50.00 for each consecutive calendar day
thereafter as hereinafter provided in the second papargraph of the contract.

Bidder acknowledges receiPt of the following addendum:

*Insert "a corporation", "a partnership", or "an individual" as applicable.

3-FP-1

Quality Unit
Item Description & Unit Price Total

1. Fishing Pier "Docking" including
deck, joist, railers, crushed
limestone bed, polyethylene
sheeting & minor carthwork
required to install the polyeth- LEW
ylene sheeting 1 Ea. Sun1 $15,600

2. Pier Railing 415 L.P. $ 14.58 6,050

3. Wood Benches 10 Ea. 118.80 1,188

4. Safety Ladder 2 Ea. 201.50 403

5. Wood Guard Posts 9 Ea. 43.78 394

Total Bid: $23,635

DEDUCTIVE ALTERNATES:

If at the time the contract is to be awarded, the lowest base proposal sum
submitted by a responsiblebidder does not exceed the amount then estimated
by this date to finance the Contract, the Contract will be awarded on the
base proposal sum only. If the bids exceed such amount, the Owner may
reject all bids or may award the contract on the base proposal sum combined
with these deductive alternates applied in numerical order that will produce
a net amount within available funds. It is possible that determination of
a low bidder other than the bidder who was low on the base proposal might
result from exercise of the deductive alternate or alternates necessary to
arrive at a score of work within the available funds.

THE DEDUCTIVE ALTERNATES LISTED BELOW ARE TO BE APPLIED IN THE ORDER LISTED:

FROM ABOVE
DEDUCTIVE ALTERNATE NO.1 TOTAL DEDUCT

Delete 100 L.F. of Pier Railing $1,250

DEDUCTIVE ALTERNATE NO. 2

Delete four (4) wood benches 303

DEDUCTIVE ALTERNATE NO. 3

Delete 100 L.F. Pier Railing 1,250

3-FP-2

Bidder understands that the owner reserves the right to accept or
reject any or all bids.

The Bidder agrees that this shall be good and may not be withdrawn
for a period of 45 calendar days after the scheduled closing time for
receiving bids.

Upon receipt of written notice of the acceptance of this bid, bidder
will execute the formal contract attached within 10 days and deliver a
Surety road or bonds as required in the instructions to Bidders. The
bid accurity attached in the sum of Twelve Hundred and ----------------
---------------- 00/100 dollars (1,200.00----) is to become the
property of the owner in the event the contract and bond are not executed
within the time above set forth, as liquidated damages for the delay and
additional expense to the Owner caused thereafter.

Respectfully submitted:

Name of Firm: Commercial Carpentry Inc.

By: Christopher R. Sieradzki

Title: President

Official Address: 22830 Glenwood, Mt. Clemens, MI 48043

Telephone Number: (313) 792-0142

(Sea! if bid is by a Corroration)

3-FP-3

NEW-COLLUSION AFFIDAVIT

STATE OF MICHIGAN )
) ss.
COUNTY Of ST. CLAIR)

Commercial Carpentry Inc.

being duly sworn, and savs: that he is Christopher Sieradzki
(state official

President
capacity in firm)

the partv making the foregoing proposal or bid, that such bid is genuine
and not collusion or sham: that said bider has not colluded, conspired,
connived, or agreed directly or indirectly with any bidder or person, to
put in a sham bid or to refrain from bidding, and has not in any manner,
directly or indirectly, sought by agreement or collusion, or communication
or conference, with any person, to fix the bid price or affiant of any
other bidder, or to fix any overhead, profit, or cost element of said bid
price or that of any other bidder, or to secure any advantage against the
Owner, or any person interested in the proposed contract; and that all
statements contained in said proposal or bid are ture.

(signature of person submitting bid)

Subscribed and to before me this day of

19 a Notary Public in and for said County.

My Commission expries:

(Notary Public)

NCA-1

CONTRACT

This Contract and Agreement made and entered into this 26th day
o f June - jP A.D., 19 81 .9 by and between The
Township of Clay, St. Clair County, Michigan
party of the first part and Owner and Commercial Carpentry, Inc;

, party of the second
part, hereafter syled Contractor, WITNESSETH:

WHEREAS, The first party has awarded to the said second part_ the
Contract for Pearl Beach Fishing Pier Renovations

in the Township of Clay as per drawings, plans and
specifications for such work, which is hereby declared to be part of this
Contract, and a copy of which Contractor acknowledges he has received.

NOW), THEREFORE, in consi(eration of the payments hereinafter mentioned
to be made by the said party of the first part, the said parties mutually
agree between themselves as follows:

FIRST. The said Contractor hereby covenants and agrees to furnish all
the materialP labor and equipment required for the performance of the above-
mentioned work and in full conformity to the drawings, plans and specifica-
tions therefor.

SECOND. The Contractor shall complete said work within sixty (60)
calendar days after date of notice to proceed with the work, and upon
failure to do so shall pay the Owner as liquidated damages, and not as
penalty, the sum of fifty dollars ($50-OO)per day for each and every day
tnat shall elapse after such date, until the work is actually completed.
If, however, the work is delayed by the Owner or by causes beyond the
reasonable control of the Contractor, the time of de!ay shall be added to
the time for completion, It is understood between the parties hereto that
the time specified for completion of said work is an essential condition
to the fulfillment of this contract.

THIRD. The Contractor has examined the premises and site and compared
the same with the drawings and specifications so as to satisfy himself as
to the condition of the premises. Th,e plans., specifications and drawings
are intended to describe and provide for a finished piece of work and to be
cooperative, and what is called for by either shall be as binding as if
called for by all.
700

CON-1

FOURTH. Should the Contractor become insolvent or at any time refuse
or neglect to supply a sufficiency of properly si-,illed workmen, or of materials
of the proper quality or fail in any respect to prosecute the work with
promptness and diligence, or fall in the performance of any of the agreements
herein contained, said first party shall be at liberty after forty-eight hours
written notice to the second party, to take charge of said work, and terminate
the employment of the second party for such work under the Contract and to enter
upon the premises and take possession of all materials, tools, and appliances
thereon and to complete said work by contract or otherwise, and to provide the
materials therefor and in case of such discontinuance of the employment of the
contract, such Contractor shall not be entitled to receive any further monies
owing to such Contractor under this contract until such work shall be wholly
finished, at which time if the amount owing to the Contractor, under this
contract, shall exceed the expenditures incurred by the first party in finishing
the workY such excess shall be paid by first party to the Contractor; but if
such expenditures shall exceed such unpaid balance, the Contractor agrees to pay
the difference to the first party.

FIFTH. Any careless or incompetent workman must be removed forthwith by
the Contractor when notified so to do by the party of the first part.

SIXTH.. The Contractor will be held responsible for, and must make good,
any defects arising or discovered in the work within one year after the com-
pletion and acceptance of the same by the first party.

SEVENTH. The ContrEctor shall clear away from time to time, the dirt
and rubbish resulting from his operations and as hereinafter provided, and
shall cover and protect the work and materials from all damages by the elements
or any other cause, during the progress of the work and deliver the whole site
clean and in perfect condition.

EIGHTH. The Contractor shall not asE!Ign or sublet the whole or any part
of the work without the written consent of the first party.

NINTH. All materials necessary to the construction of the work, delivered
upon the premises, shall be held to the property of the first party, and no such
materials shall be removed from the premises without the written consent of the
first party.

TENTH. The first party and the Contractor shall each protect their own
interest against loss by fire, windstorm, theft or other causes. The Contractor's
interest shall consist of all labor and materials which the Contractor has
put into the work covered by this contract and for which the Contractor has not
been paid, and the first party's interest shall consist of all labor and materials
i.n the work for which it shall have paid, and to this extent only.

CON-2

ELEVENTH. The Contractor shall protect his workmen, subcontractors,
and the public generally or any member thereof, efiectually from and against
any and all claims, loss, damage, injury and liability however caused
resulting from, arising out of, or in any way connected with the work to
be performed under this contract at any time during performance of the work
to be done under this contract, or thereafter, and shall be responsible for
and shall save harmless the Owner as to any and all claims, loss, liability
however caused, injury, costs, expenses, and damages, that the Owner may have
to pay in consequence of negligence of alleged negligence on the part of the
Contractor as well as his agents, workmen, and/or subcontractors and shall
also be responsible for and shall save the Owner harmless as to all damages,
costs and expenses said Owner may have to pay to any person, firm, or corpor-
ation in consequence of any acts or doings or neglect of said Contractor or
any of his agents, workmen and/or subcontractors.

TWELFTH. No claim for extra labor or materials furnished by the second
party will be allowed unless ordered in writing from the first party and al.1
claims for damages, for any cause whatsoever, must be presented to the first
party at the end of , the same month, by the Contractor; otherwise, t1le first
party will riot be bound to pay any such claims. If, for any cause, the first
party finds it necessary or desirable to suspend operations for any considerable
length of time, it is to be done by the Contractor on due notification; and the
Contractor will not be entitled to any damages of any kind or nature whatsoever
because of such suspension. He will, however, be allowed further time in the
completion of his contract, equal to the delay caused by the suspension of the
work.

THIRTEENTH, First party shall have the right to require alterations in
the work shown or described in the said drawings or specifications and the
second party shall proceed to make such changes without causing delay. In
every such case the price agreed to be paid for the work under the contract
shall be increased or decreased, as the case may require, according to a fair
and reasonable valuation of the work added or omitted, and the value of such
work shall be fixed by fair admeasurement and valuation. Such alterations or
variations shall in no way render void the contract, and no claim for variations
or alterations, or the increased or decreased price thereof, shall be valid,
unless done in pursuance of a written order from the first party and notice of
said claim made to first party in writing before the commencement of such work.
Bills for extra or additional work must be submitted to first pcrty in writing,
before final certificate for payment on account of the Contractor will be given,
and unless otherwise agreed, no payment will be made on such bills until the
final settlement.

FOURTEENTH. The Contractor shall provide all materials, labor, scaffolding
and appliances necessary for the proper execution of the various portions of the
work. The material shall be new, unless otherwise specifically agreed upon, and
together with workmanship shall be the best of their respective kinds for the
uses intended, and shall at all times be subject to the inspection of the first
party for approval or rejections.

CON-3

FIFTEENTH. Should any dispute arise as to the quality or fitness of
the materials or workmanship, the decision shall be based upon the require-
ment that all work done or materials furnished shall be first class in
every respect and in accordance with accepted standards and practices for
the type of work being performed.

SIXTEENTH. All materials or workmanship of unsound or unfit character
or work or materials which may become damaged after they are put in place
in the work, shall be immediately removed, reconstructed or refinished by
the Contractor. The expense of doing so, or cost of delays and of making
good other work affected by the changes, shall be borne by the Contractor
in fault, and no extension of time will be allowed for correcting faulty
.work.

SEVENTEENTH, No deviations from the drawings and specifications shall
be made in the execution of the work without the written approval of the
first party.

EIGHTEENTH. Should the Contractor be delayed in the prosecution or
completion of the work by the act, neglect or default of the first party,
or of any other Contractor employed by the first party upon the work, or
by any damage caused by fire, lightning, earthquake, cyclone, or other
casualty for which the Contractor is not responsible, or by strikes or
lockouts caused by acts of employees, then the time herein fixed for the
completion of the work shall be extended for a period equivalent to the
time lost by reason of any or all the causes aforesaid; but no such allow-
ance shall be made unless a ciaim therefore is presented in writing to the
first party within forty-eight hours of the occurence of such delay.

NINETEENTH. Where notice is required to first party herein it must be
in writing by filing the same with the -Clay Township_Clerk,
Clay Township offices, 4710 Pte. Tremble Road, Algonac, Michigan,

48001

TWENTIETH. It is not incumbent upon the first pFrty to notify the
Contractor to begin, to cease, or to resume work, nor to give early notice
-)f the rejection of faulty work, not in any way to superintend so as to
relieve the Contractor of responsibility, or of any consequer.ces of neglect
or carelessness by him or his subordinates.

-PNENTY-F(PST. The Contractor claiming damages for any cause shall give
notice of claim for same in writing at the time damage is incurred, and at
once deliver such written claim to the first party. Failure to act as above
will render such claims null and void.

TWENTY-SECOND. All bonds required, as stated in the specifications
governing this contract work are attached to this contract and made a part
thereof.

CON-4

TWENTY-THIRD. In consideration of the completion by the Contractor
of all the work embraced in this contract in conformity with the speci-
fications, plans, and stipulations herein contained, and upon his complying
with all the conditions, stipulations and agreements of this contract,
first party agrees to pay Contractor the amounts provided in the attached
proposal, being a product of the Unit Prices therein set forth, multiplied
by the number Of units actually constructed.

Payments for the work shall be made upon the certification by the Engineer
of the contractor's "Application for Payment".

A percentage of the amount due will be retained until the work is completed
as a guarantee against poor workmanship and materials.

IN WITNESS WHEREOF, we hereunto set our hands and seals the day and
year first above written.

Township of Clay

APPROVED

ATTEST

WITNESS:

CONTRACTOR

WITNESS BY:

CON-5

Bond #3043073
PERFOMANCE BOND

KNOW ALL MEN BY THESE PRESENTS. That we, the undersigned
Commercial Carpentry, Inc.

as Principl.
and American Fidelity Fire Insurance Company

of Woodbury New York
as Senaties.

are her by held and firmly bound unto the

Township of Clay, Michigan

in the hall and justum of Twenty Three Thousand Six Hundred Thirty Five

and no/100

23,635.00 )for the payment of which well and truly to be
accessors and assigns.

Signed and sealed this 25th day of June 1981.

The conditioned the above obligation is such that it said
Commercial Carpentry, Inc.

Twp. of Clay, MI

commercial carpentry, inc.

seal

principal

American Fidelity Fire Ins. Co.

HALLMARK UNDERWRITERS, INC. Attorney-in-Fact
755 w Big Beaver Rd.
Suite 1125 362-1912
Troy, Mich. 48084

Signed, Sealed and Delivered
In the Presence of

4-B-2

Bond #3043073 LABOR AND MATERIAL BOND

KNOW ALL MEN BY THESE PRESENTS, That we

Commercial Carpentry, Inc.

of Mt. Clemens, Michigan hereinafter called the principal,

and American Fidelity Fire 1nsurance Company

Hereinafter called the surety, are held and firmly bound unto the People of the State of
Michigan, in the sum of Twenty Three Thousand Six Hundred Thirty Five
and no/100

dollars ($23,635.00)

to the payment whereof, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 25th day of

June, A.D., 1981

WHEREAS. The above named principal has entered into a contract with the
Twp. of Clay, MI

AND WHEREAS. This bond is given in compliance with and subject to the provisions

of Act No. 213 of the Public Acts of Michigan, for the yea 1963, and as may be amended

4-B-3

NOW, THEREFORE.The condition of this obligation is such that if payment shall be

made by the Principal to any Subcontractor or by him or any subcontractor as the same
may become due and payable of all indebtedness which may arise from him to a
Subcontractor or party performing labor or furnishing materials or supplies or any
Subcontractor to any person. firm or corporation on account of any labor performed or
materials or supplies furnished in the performance of said contract, then this obligation shall
be void; otherwise,the same shall be in full force and effect.

AND PROVIDED. That any alterations which may be made in the terms of said
contract, or in the word: to be done under it, or the giving by the party of the first part to
said contract. of any extension of time for the performance of said contract, or any other
forbearance on the part of either party to the other, shall not in any way release the
Principal and the surety, or either of them, their heirs, executors, administrators, successors
or assigns from any liability hereunder, notice to the surety of any such alteration,
extension. or forbearance being hereby Waived.

Commercial Carpentry, Inc.

principal

American Fidelity Fire Insurance Company

hallmark.underwriters, inc.
755 w big brarer rd
Suite 1125 362-1912 Attorney-in-Fact
troy, mich. 48086

signed, sealed and delivered
in the presence of:

4-B-4

AMERICAN FIDELITY FiRE INSURANCE COMPANY
WOODBURY, NEW YORK

POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS: That American Fidelity FIre insurance Company, a Corporation in tHe State of
New York, having its principal office in Woodbury, State of New York. pursuant to the following resolution. adopted by the
Board of Directors of the said Company on the 18th day of February, 1969, to wit:
"The President, or any Vice-President, or other officer designated by the Board Executive Committee shall have authority,
severally, to make execute and deliver a power of attorney constituting as Attorney-in-Fact such persons, firms or corporations
as such officers may select from time to time," does hereby make, constitute and appoint:
SANFORD L. WOLOK and/or JOSEPH SPRYS and/or MICHAEL E. SOLBERG of TROY, MICHIGAN
its true and lawful attorney (s)-in-fact, with full power and authority hereby conferred in its name, place and stead, tosign,
execute, acknowledge and deliver in its behalf, and as its act and deed, as follows:

Specifically and only on bonds executed having Guarantee indemnification of the SMALL BUSINESS ADMINISTRATION
in an amount not exceeding $250,000.00 as to any one project, for or on behalf (of this Company, in its business and in accor
dance with its charter, and to bind AMERICAN FIDELITY FIRE INSURANCE COMPANY thereby, and all of the acts of said
Attorney -in- Fact, pursuant to these presents, are hereby ratified and confirmed.

IN WITNESS WHEREOF, American Fidelity Fire Insurance Company has caused these presents to be signed by its President
and/or Vice-President, and its Corporate Seal to be affixed.

AMERICAN FIDELITY FIRE INSURANCE COMPANY

Luther H. Williams, President

State of New York
County of Nassau ss.

On this 18th day of April, 1980, before the subscriber. a Notary Public of the Stale of New York in and for the County
of Nassau duly comissioned and qualified, came Luther H. Williams of the American Fidelity Fire Insurance Company. to me
personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowl-
edged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of,said company aforesaid,
ad that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the corporate seal and
signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corp-
oration, and that the resolution of said Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Woodbury new York the day
an year above written.

Notary Public
ELLEN K, DONOHUE
NOTARY PUBLIC, State of New York
MI3943SLW/JS/MES250 (4/80)
No. 30-6070410
Qualified in Nassau County

Commission Expires March 30, 1982
State of New York ss.
County of Nassau CERTIFICATE

1,the undersigned, Assistant seretary of american fidelity fire insurance company, a stock corporation of
the State of New York, DO hereby certify thta the foregoing and attached power of attorney and certificate of authority
remains in full force and has not been revoked; and furthermore, that theresolution of the board of directors, as set forth in
the Certificate of Authority, are now in force.
Signed and Sealed at the said Company, at Woodbury, New York, dated this 25th dav of June 1981

Assistant Secretary

SPECIAL PR(D,_j1,:,_ , CONDITIONS

ART. 1 - GENEIR.PJ,

The Special Conditions modify the General Conditions of the Contract and
shall form a part of the contract and all subcontracts.

ART. 2 - SCOPE OF @%'-.ORK

The work to be done under this contract consists of furnishing a-11'pTaht,
labor, materials, supplies and equipment and performing all operations in
connection with the fishing pier renovation and the performance of all other
operations necessary and appurtenant thereto in strict accordance with the
Contract Documents.

ART. 3 - GRADES, LINES, LEVEE,S AND SURVEYS

A. All grades, lines, levels and bench marks necessary for the performance
of the work shall be established and maintained by the Contractor who shall
be responsible for same. The Contractor shall ve rify all grades, lines,
levels and dimensions as shown on the drawings and he shall report any errors
or inconsistencie s in the above to the Engineer before commencing work.

B. The Contractor@must exercise proper precaution to verify ail such
dimensions, lines and levels before laying out his work and no extra com-
pensation will be allowed for any error resulting from his failure to exercise
such precautions.

ART. 4 - STORAGE OF' NIATERIALS

The Contractor shall be responsible for the oropoer storage and installation
of all equipment and materials stored at the site and shall, at all times, be
so disposed as not to interFere with the nearby residents or property owners.

ART. 5 - TAXES

The Contractor shall include and be deemed to have included in his bid
and contract price all Michigan Sales and Use Taxes currently imposed by
Legislative enactment and as administered by the Michigan Dep:irtment of
Treasury, Revenue Division, on the bid date.

ART. 6 - TEMPORARY HEAT

The Contractor shall provide at his own expense, ail temporary heat necessary
to protect all work and materials against injury from dampness and cold. Fuel,
equipment and the method of heating shall be satisfactory to the Engineer.

ART. 7 - TEMPORARY UTILITIES

The Contractor shall make arrangements for arid furnish at his own expense,
all water, electricity, lightinq and other utilities necessary for construction
of the work.
PROJ-1

ART. 8 - SANITARY FACILITTES

The Contractor shall secure or provide bnd maintain temporary sanitary
facilities as necessary for use by all workmen.

ART. 9 DISORDERLY EMPLOYEES

Disorderly, intemperate or incomT-)etent persons must not be employed, retained
or allowed u 'pon the work. Any foreman or workman who refuses or neglects to
complv with the directions of the Engineer in the manner of personal conduct
shall., at the request of the Engineer, be promptly discharged and shall not
thereafter be re-emploved without the consent of the Engineer.

ART. 10 - WOP-YJ,1ANSHIP

A. All workmanship, equipment, and materials incorporated in the work shall
be new and of the best grade and shall be in accordance with the best practices
of the trade.

B. Factory assemblies shall conform to the highest standards of the trade.

C. Defective materials built into the work shall be removed at the Contractor's

expense.

ART. 11 - COOPERATION

The Contractor and all subcontractors shall coordinate their work with adjacent
work and cooperate with all other trades so as to facilitate general progress
of the work. Each trade shall afford other trades every reasonable opportunity
for installation of their work and for storage of their materials.

ART. 12 - LABOR LAWS AND ORDINANCES
41
The Contractor shall obey and abide by all the laws of the State of Michigan
relating to the employment of labor and public works and all the law@; and
requirements of the Owner regulating or applying to public improvements.

ART. 13-- CONSTRUCTION COSTS &P,ROGRESS-SCHEDULES

A. Immediately after signing of contract and b(-@Fore the first partial- payment
is made, this Contractor shall furnish the Engineer a schedule of quantities,
prices and th(- amount included in the estimate for each general item of work
in place, including with the cost of each item its due Proportion of expense
.W and orofit, the total e(Tualing the contract price. This schedule must be made
up in form auproved by the Engineer. The distribut-ion of the amounts must be
such as the Enqineer shall consider reasonable and he subject to his approval
and when satisfactory, shall become the basis for all payments on account
during the progress of the work and for fixing the valuation of extras and
credits involved in modifications.

PROJ-2

ART. 13 - CONSTRUCTion COSTS & pRogreSS SChedules (continued)

B. Immediately after execution and delivery of the contractand before the
first partial payment is made, the Contractor shall deliver to the Owner an
estimated construction progress schedule in form satisfactory to the Owner,
showing the proposed dates of commencement and completion of each of the
various subdivisions of work required under the Contract Documents.

ART. 14 - GENERAL GUARANTY

Neither the final certificate of payment nor any provision in the Contract
Documents nor partial or entire occupancy of the promises by the Owner shall
constitute an acceptance of work not done in accordance with the Contract
Documents or relieve the Contractor liability in respect to any express
warranties or responsibility for faulty materials or workmanship. The
Contractor shall remedy any defects in the work and pay for any damage to
other work resulting therefrom, which shall apppear within a period of one
year from the date of final acceptance of the work unless a longer period is
specified. the Owner will give notice of observed defects with reasonable
promptness.

ART. 15 - TESTING AND SAMPLING

Where called for in the specifications, samples of material in the quantity
named shall be submitted to the Engineer for approval. When tests are
required, they shall be made at the expense of the Contractor.

ART. 16 - VEHICULAR TRAFFIC AND COMMERCIAL, OPERATIONS

The Contractor shall be required at all times to so conduct his operations,
and use his equipment in such a manner as to cause a minimum of interference
with local traffic and commercial operations. The Contractor shall furnish,
use and maintain suitable traffic control and safety devices in sufFicient
numbers for the safe and proper maintenance of traffic and protection of the
work while the contract is in force.

ART. 17 - ABBReVIaTIONs

Reference to technical society, organization or material is made in these
specifications and the corresponding drawings in accordance with the following
abbreviations.

ASTM American Society for Testinq and Materials
BM Bench Mark
DNR Dpartment of natural Resources
GI Galvanized iron
iGLD International Great Lakes Datum
LWD Low Water Datum
MDSHT michigan Department of State HighwaYs and
Transportation
NiC Not in Contract
NTS Not to Scale
PP Power Pole
SSp Steel Sheet Piling
TYP Typical
USLS United States Lake Survey PROJ-3

ART. 18 - CONTRACT DRAWI@@GS

The work shall conform to the following Contract drawings, all- of which
form a part of these srecifications.

Pearl Beach Avenue
Fishing Pier Renovations

Sheets No. 1 & 2

ART. 19 - INSURANCE

Refer to Article 11-9 P. CC-9 of the "Construction Contract Conditions
The limits of property damage insurance shall be not le-,s than $100,000 for
each accident and an aggregate amount of $300,000.

The limits of public liability insurance shall be at least $100,000 for injury
to any person a ncl at least $300,000 for injuries to more than one person in
any one accident or occurrence.

ART. 20 - SAFETY

The "Safety and Health Regulations for Construction" and subsequent amendments,
promulgated by the Department of Labor, must be followed on all construction
grant projects. These safety regulations are identified as Cha -T-Dter SVII of
Title 29, Code of Federal Regulations (CFR), Part 1926 (formerly Chapter XIII
of Title 29, CFR, Part 1518).

All work on this project shall be performeci in accordance with the State of
Michigan General Safety Rules and Regulations for the Construction Industry.

ART. 21 - ACCESS TO PROJECT AND RECORDS

Representatives of the S@ate will- have access to the work whenever it is in
preparation or progress and the Contractor shall provide proper facilities
for such access and ins -nection. The Contractor shall also provide the
Grants Officer or any authorized re -presentative access to anv books, documents,
papers, and records of the Contractor which are pertinent to the uroject for
the iDurpose of making audit, examination, excerpts and transcriptions thereof,
if requ ired.

ART. 22 - WORK WITHIN PUBLIC STREETS OR EASEMENTS

Where the centerline of the carrier pipe is within the public or private
street or easement, the Contractor shall confine his operations to within
the public nr private street or casement. It shall be the Contractor's
responsibility to use such methods and/or materials, includinq sheeting, so
as to Qrevent the bank toiD of the excavation from encroaching on private
property. This shall no,'- preclude the Contractor from obtaining the right
to encroach on private land in accord with the article "Workina Space",
Page 6-SG-1.

PROJ-4

ART. 2-3 - TRAFFIC CONTROL

The Contractor shall provide adequate measures to control dust caused by
his operation. The methods em',.)loycd, and frequency of application shall
be as approved by the Engineer.

ART. 24 - INC0NVENTFN1C'1`S

The Contractor shall at all times he aware of inconveniences caused to the
abutting property owners and general public. Where undue inconveniences are
not remedied by the Contract, the Municipality, upon four hours notice,
reserves the right to perform the necessary work and to have the "Owner"
deduct the cost thereof from the motiey due the Contractor.

ART. 25 - 22A ROAD GRAVEL

Contractor shall furnish and use 22-A gravel per M.D.S.H. Standard Specifications
for Coarse Aggregates wherever gravel surfaces have been disturbed arid must be
restored. Existing gravel surfaces shall be restored to a minimum of eight (8)
inches thick.

ART. 26 - DRIVEWAY CULVERTS

where existing driveway culverts are removed during construction, the Con-
tractor shall furnish and install new corrugated metal pipe culverts of length
and diameter equal or larger tian that removed. Materials and installation
shall conform to Sanilac County Road Commission standards. Grade and alignment
shall be established by the Engineer. Culvert restoration shall be incidental
to the work.

ART. 27 - SURVEY MONUMENTS

Monuments or other recognized property boundary markers at street inter-
sections, section corners acreage or lot corners and right-of-way lines
shall be oreserved and @)rotected. Where such monuments or markers must be
removed during construction, the Engineer shall be notified and the Con-
tractor shall make all necessary arrangements, at his own expense, with a
Land Surveyor registered in the S1--ate of Michiqan to have these monuments
or markers properly witnessed prior to disturbance or removal-and later
reset by the Registered Land Surveyor.

ART. 28 - FINAL CLEANUP, RESTOW@TION AND GRADING - S1,.;EDING, MULCHING,
SODDING, AND LANDSCAPIN@@

Refer to restoration requirements on pages 6-SG-2 and 6-SG-7. Restoration
to the same condition as existed before his operations were started" on
Page G-SG-7 shall include restoration of surface vegotation by seeding and
mulching or sodding of all unsurfaced areas disturbed by construction
ooerations. Seeding, mulching and sodding shall be oerformed in accordance
with the requirements of the current edition of Michigan Department of State
Highways Standard Specifications where required under the contract. All
seeded areas shall be mulched.

PROJ-5

EXHIBIT C

COASTAL MANAGEMENT PROGRAM CO;1ISTRUCTION CONTRACT CONDITIONS

CONTENTS

Part I. Special Conditions F through H as Specified in Federal Grant

F. Bonding and Insurance
G. Signs (see also Item 11-8)
Hl. Copeland Anti-Kickback Act
H2. Nondiscrimination (see also Item 11-1)
H3. Flood Disaster Protection Act
H4. Architectural Barriers Act
H5. Rehabilitation Act
H6. Uniform Relocation Assistance Act
H7. National Environmental Policy Act;
National Historic Preservation Act;
Executive Order No. 11593
H8. Equal Employment Opportunity
H9. Certification of Nonsegregated Facilities
HlO.Clean Air Act and Federal Water Pollution Control Act
Hll.Powe.r..Plant and Industrial Fuel Use Act

Part I Addendum Construction Contractors' Affirmative Action
Requirments (for contracts over $10,000)

Part II. Further Conditions of this Agreement, Including State-Level
Adaptations of other Federal Requirements

II-1. Nondiscrimination (see also Item I-H2)
11-2. Taxes
11-3. Prevailing k1age and Fringe Benefit Rates
11-4. Contract Work Hours and Safety Standards
11-5. Bonds
11-6. Guarantee
11-7. Inspection
11-8. Signs (see also Item I-G)
11-9. Insurance
II-10. Operation and Maintenance
II-11. Construction Contract Award Procedures (for contracts
over $10,000)

12/80

CC-1

NOTES CONCERNING LX@JJIT'J*
0

1. Unlike word usage in Exhibit B, the term "contractor" in Exhibit C
normally refers to a commercial firm engaged in actual construction,
sometimes with the help of subcontractors. The terms "subgrantee"
and "recipient" are used interchangeably here to mean the public
agency or local governmental unit which receives and administers a
pass-through coastal management subgrant from the state.

2. The Construction Contractors' Affirmative Action Requirements (Part I
Addendum) pertaining to construction contracts over $10,000, apply
nationwide with respect to females. For minority groups, they apply
in Wayne, Oakland and Macomb counties.

PART I: SPECIAL CONDITIONS F THROUGH H AS SPECIFIED IN FEDERAL GRANT

F. Bonding and Insurance

1. State@or local units of government shall follow their own normal
requirements relatinq to bid guarantees, performance bonds, and
payment bonds except for contracts exceeding $100,000; for con-
tracts exceeding $100,000 the minimum requirements shall be as
follows: A bid guarantee from each bidder equivalent to five
percent of the bid,orice; a performance bond on the part of the
contractor for 100 'percent of the contract price; and a payment
bond on the part of the contractor for 100 percent of the con-
tract price.

2. The recipient covenants that each of its officials or employees
having custody of the project funds during acquisition., con-
struction, development and operation shall be bonded at all times
in such amount as normally required by the state.

3. The recipient shall carry insurance, and require each contractor
and subcontractor to carry insurance, of such types and in such
amounts as normally required by the state.

G. Signs at Project Site

The recipient shall cause to be erected at the site of the project,
and maintained during construction, signs satisfactory to NOAA
identifying the project and indicating the fact that NOAA is parti-
cipating in the development of the project.

H. Statutory Requirements for Construction Contracts and Subcontracts

The recipient shall comply, and require each contractor or subcon-
tractor to comply, with the following federal laws and all applicable
standards, orders or regulations issued pursuant thereto:

CC-2

1 TheCopeland "Anti-Kickback" Act, as amended (13 usc 374) as sup-
plemented in Department of Labor regulations (41 Cfr Chapter 60).
2. Nondiscrimination, Title VI of the Civil Rights Act of 1964
(p.l. 88-352),amended,(42 USC 2000d)and the requirements
imposed by the regulations of the Department oF Commerce (15 CFR
Part 8) Issued pursuant to that title. In accordance therewith
no person in the United States shall, on the ground of race,
color, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subJected to DiscRi-
mination Under any program or activity for which the recipient
receives federal financial assistance and will imMediately take
any measures necessary to effectuate this agreement.

3. The Flood Disaster Protection Act of 1973 (P.L. 93-234), as
amended. The recipient will fulfill any Flood insurance require-
ments under this act and any regulations issued thereunder bY
the U.S. Department of Housing and Urban Development or which
may be,issued y NOAA.

4. Architectural Barriers Act (P.L. 90-480),42 USC 4151, as amended,
and the regulations issued or to be issued thereunder, prescribing
standards for the design and construction of any building or
facility intended to he accessible to the public or which may
result in the employment of handicapped persons therein.

5. Rehabilitation Act of 1973, 29 USC 794, Executive Order 11914.
no otherwise qualifed handicapped individual shall, solely by
reason of his/her handicap, be denied the benefits of, be ex-
cluded from participation in, or be subjected to discrimination
under any program or activity receiving federal financial assistance.

6. The Uniform Relocation Assistance and Real Property Acquistion
Policies Act of 1970 (P.L. 91-46, as amended), 15 CRF Part 916.

7. The National Environmental Policy Act of 1979 (P.L.90-190); the
National Historic Preservation Act of 1966 (80Stat 915, 16 USC
470) and Executive Order No. 11593 of May 31, 1971.

8. Equal Employment Opportunity, Executive Order 1124 , as amended
by Executive order 11375, and as supplemented in Department of
Labor regulations (41 CFR Chapter 60). The recipient shall cause
or require to be inserted in full in any construction contract
or subcontract for more than $10,000, or modification thereof,
as defined in the rules and regulations of the Secretary of Labor
at 41 CFR Chapter 60, which is paid for in whole or in part with
assistance provided under this agreement, the attached "Affir-
atiVe Action Requirements".

9. Certification of Nonsegregated Facilities as Required by the
May 9, 1967, Order (32 F.R. 7439, May 19,1967) on Elimination
of Segregated Facilities, by the Secretary of Labor. Prior to
the award of any construction contract or subcontract exceeding

CC-3

$10,000, the recipient shall require the prospective prime con-
tractor and each prime contractor shall require each subcontractor
to submit the following certification: By submission of this
bid, the bidder, offeror, applicant or subcontractor certifies
that he/she does not maintain or provide for his/her employees
any segregated facilities at any of his/her establishments, and
that he/she does not permit his/her employees to perform their
services at any location, under his/her control where segregated
facilities are maintained. He/she certifies further that he/she
0 will not maintain or provide for his/her employees any segre-
gated facilities at any of his/her establishments, and that he/
she will not permit his/her employees to perform their services
at any location, under his/her control, where segregated facili-
ties are maintained. The bidder, offeror', applicant, or subcon-
tractor agrees that a breach of this certification is a violation
0 of the equal opportunity clause in this contract. As used in
this certification, the terms "segregated facilities" means any
waiting rooms, work areas, rest rooms and wash rooms, restaurants
and other eating areas, time clocks, locker rooms and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
0 facilil,ties provided for employees which are segregated by ex-
plicit'directive or are in fact segregated on the basis of race,
creed, color or natural origin, because of habitat, local custom,
or otherwise. He/she further agrees that (except where he/she
has obtained identi'cal certifications from proposed subcontractors
for specific time periods) he/she will obtain identical certifi-
0 cations from proposed subcontractors prior to the award of sub-
contracts exceeding $10,000 which are not exempt from the pro-
visi,ons of the equal opportunity clause; that he/she will retain
such certifications in his/her files; and that he/she will for-
ward the following noti-ce to such proposed contractors (except
where the proposed subcontractors have submitted identical certi-
10 fications -for specific time periods):

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT
FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES

A Certification of Nonsegregated Facilities, as required by the
May 9, 1967, order (32 F.R. 7439, May 19, 1967) on,Elimination
of Segregated Facilities, by the Secretary of Labor, must be sub-
mitted prior to the award of a subcontract exceeding $10,000
which is not exempt from the provisions of the equal opportunity
clause. The certification may be submitted either for each sub-
contract or for all subcontracts during a period (i.e., quarterly,
semiannually, or annually).

NOTE

The penalty for making false statements in offers is prescribed
in 18 U.S.C. 1001

CC-4

The Clean Air Act, a,, a 1@57 lie e er 11
ii@ojjded, 12 USC 1, t_ s e t F d
SU 2 5 1 -e-C -
Water Pollution Control Act, (is a n d
the regulations of Protection Agency wi th
respect thereto, at 40 CFR Part 15, as amended from time to time.

In compliance with said regulations, the recipient shall cause or
require to be inserted in full in all contracts, subcontracts,
and subgrants in excess of $10,000 funded with assistance pro-
vided under this agreement, the following requiret,,ients:

(a) A stipulation by the contractor or- subcontractors that any
facility to be utilized in the performance of any contract
or, subcontract is not listed on the List of Violating
Facilities issued by the Environmental Protection Agency
(EPA) pursuant to 40 CFR 15.20.

(b) Agreeiiient by the contractor to comply with all the require-
ments of,Section 114 of the Clean Air Act, as amended (42
USC 1857 et seq.) Section 308 of -the Federal Water Pollution
Control Act, as amended, (33 USC 1318) relating to inspection,
monitoring, entry reports, and information, as well as all
other requiremients specified in said Section 114 and Section
08, and all regulations and guidelines issued thereunder.

(c) A stipulation that as a condition for the award of the con-
tract prompt cotice will be given of any notification
received from'the Director, Office of Federal Activities EPA,
i@ndicating that a facility utilized or to be utilized for
the contract is under consideration to be listed on the EPA
List of Violating Facilities.

(d) Agreement by the contractor that he/she will include or Cause
to be included the criteria and requirements in paragraph (a)
through (d) of this section in every nonexempt subcontract
and requiring that the contractor will take such action as
the government may direct as a means of enforcing such pro-
visions.

In no event shall any amount of the assistance provided under
to a ..7
this agreement be utilized with respect ,acility which
has given rise to a conviction under Section 113(c)(1) of
the Clean Air Act or Section 309(c) of the Federal Water
Pollution Control Act.

11. The Power Plant and Industrial Fuel Use Act of 1978 (92 Stat.
relating to the convervation of petroleum
and natural gas. The recipient shall comply with the require-
ments of the American Society of Heating, Refrigerating, and
Air Conditioning Engineers Standard 90-75, "Energy Conservation
in New Building Design."

CC-5

PART II: FURTHER CONDITIONS OF THIS AGRreemenT, INCLUDING STATE-LEVEL
ADAPTATIONS OF OTHER FEDERAL REQUIREMENTS

Supplementary General Conditions (refer to following page for text)

Like the other provisions herein, the following conditions apply to
subgrantees' contracts/subcontracts, as well as to state contracts:

II-1. Nondiscrimination
II-2. Taxes
II-3. Prevailing Wage and Fringe benefit Rate

CC-6

SUPPLEMENTARY GENERAL COMLITIONS

1. N0NDISCRIMINATION:

(a) For all state contracts for goods or services,in amount of $5,000 or more, or for contracts entered into with parties
employing three or more employes: In connection with the performance of work under this contract, the contractor agrees as
follows:

(1) The Contractor will not discriminate against any employee or applicant for employment because of race. color, religion,
national origin, age, sex, height, weight or marital status. The Contractor will take affirmative action to insure that applicants
are employed and that employees are treated during employment, without regard to their race, color, religion, national orgin.
age, sex, height, weight or marital status. Such action shall include, bUt not be limited to, the following: employment
upgrading, demotion or transfer: recruitment advertising layoff or termination, rates of pay or other forms of compensation;
and selection for training, including apprenticehip.

(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 conisideration or employment without regard to race, color, religion, national origin, age,
sex, height, weight or marital StatuS.

(3) The contractor or his collective bargining representative will send to each labor union or represenative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor unIon of
workers' representative of the contractor's commitments under this secition.

(4) The contractor will comply with all published rules, regulatons, directives, and orders of the Michigan Civil Rights
Commission relevant to Section 6, 1976 PA 453 as amended, which may be in effect prior to the taking of bids for any
individual state project.

(5) The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
Civil Rights Commission; said forms may also licit information as to the practices, policies, program, and employment
statistics of each subcontractor as well as the contractor himself and said contractor will permit access to his books, records
and accounts by the Michigan Civil Rights Commission, and/or its agent, for purposes of investigation to ascertain compliance
with this contract and with rules, regulations, and orders of the Michigan Civil Rights Commission relevant to Section 6, 197
PA 453.

(6) In the event trial the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not
complied with the contractual obligations under this aqgreerment, the Civil Rights Commission may, as part of its order based
upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative Board may
order the cancellation of the contract found to have been violated, and/or declared, the contractor ineligible for future contracts
with the state and its political and civil subdivisions departments, and officers, and including the governing boards of
institutions of higher education, until the contractor complies with said order of the Civil Rights Commission. Notice of said
declaration of future ineligibility may be given to any or all of the persons with whom the contractor Is declared ineligible to
contract as a contracting party in future contracts. In any case before the Civil Rights Commission in which cancellation of an
existing contract is a possibility, the contracting agency shall be notified of such possible remedy and shall be given te option
by the Civil Rights Commission to participate in such proceeds.

(7) The contractor will include, or incc;porate by reference, the provisions of the foregoing paragraphs (1) through (6) in every

subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights Commission,
and will provide in every subcontract or, purchase order trial said provisions will be binding upon each subcontractor or seller.
2. TAXES:

The Contractor shall include and be deemed to have included in his bid and contract price all Michigan Sales and Use Taxes
currently imposed by Legislative enactment and as administered by tqhe Michigan Department of Treasury,evenue Division,
on the bid date.

If the Contractor is not required to pay or bear the, burden, or obtains a refund or drawbacK in whole or in part of any Michigan
Sales or Use Tax, interest or penalty thereon, which was required to be and was deemed to have been included in the bid and
contract price, the contract price shall be reduced by the amount thereof and the amount of such reduction, whether as a
refund or otherwise, shall enure solely to the benefit of the State of Michigan.

CC- 7

3. PREVAILING WAGE AND FRINGE SEENE-FIT RATES:

The rates of wages and fringe benefits to be paid to each class of mechanics by the bidder and all of his subcontractors shall
be not less than the. wage and fringo benefit rates prevailing in the locality in which the work is to be performed, in accordance
with Act No. 166, Public Acts of 1965.

Every contractor and subcontractor shall keep posted on the construction site, in a conspicuous place. a copy of all pre@alkrq
wage and fringe benefit rates pre3cribed in the contract and shall keep an accurate record showing the name and occupation
of and the actual wages and benelits paid to each construction mechanic employed by him in connection with said contract.
This record shall be available for reasonable inspection by the Bureau of Facilities, Department of Management and Budget, or
the Department of Labor.

The state, by written notice to the contractor and the sureties of the contractor known to the state, may terminate the
contractor's right to proceed with that part of the contract for which less than the prevailing rates of wages and fringe benefits
have been or will be paid, and may proceed to complete the contract by separate agreement with another contractor or
otherwise, and the original contractor and his sureties shall be liable to the state for any excess costs occasioned thereby. Any
person, firm or corporation or combination thereof, including the officers of any contracting agent, violating the provisions of
the act is guilty of a misdemeanor.

In case there is an ornission of any trade frorn the list of wage rates and !ringe benefits to be paid to each class of mechanics
by the contractor, it shall be understood that the trades omitted shall also be paid not less than the wage and fringe ben,:-Jit
rates prevailing in the locality in which the work is to be performed.

11-4. Contract Work,Hours and Safety Standards

Where applicable, all c .ontracts awarded by grantees and SUbgrantees in excess of $2,000
for construction contracts and in excess of $2,500 for other contracts which involve
the employmen f mechanics or laborers shall include a provision for compliance with
sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-
330) as supplemented by Department of Labor regulations (29 CFR, Part 5). Under section
103 of the act, each contractor shall be required to compute the wages of every mechanic
and laborer on the basis of a standard work day of 8 hours and a standard work week of
40 hours. Work in excess of the standard workday or workweek is permissible provided
that the worker is compensated at a rate of not less than ll@ times the basic rate of
pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the
work week. Section 107 of the act is applicable to construction work and ,Drovildes
that no laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to his health and safety, as
determined by the Secretary of Labor. These requirements do not apply to the purchases
of supplies or materials or articles ordinarily available on the open market, or con-
tracts for transportation or transmission of intelligence.

CC-8

0 the r --Con di tions

11-5. Bonds. Contractor/subcontractors performing construction work,
co@tin-g__@7,600 (one thousand dollars) or more shall furnish, in accep-
table form, surety bonds in the amount of 100 percent of their respective
contract sums under this aqreement. These bonds will be security for
faithful performaiice of this contract or subcontracts thereunder, and
for payment of all persons performing labor and furnishing materials in
connection with this contract Or Subcontracts thereunder. The agency
receiving a subgrant under this agreement will secure evidence (e.g.,
a letter of certification from a reputable bonding company) that its
construction contractors/subcontractors have obtained such bonds which
will remain in effect for the duration of the project, or will otherwise
arrange for an equally effective performance bond. The state will not
pay any charge for such bonds additional to the face value of this
contract/ subgra nt agreement.

11-6. Guarantee . The public/nonprofit agency responsible for this pro-
ject shall require each construction contractor/subcontractor to furnish
a written guarantee to remedy any defects due to faulty materials or
workmanship which appear in the work within one year from the date of
final acceptince by the public/nonprofit agency responsible. Construction
contractors and subcontractors shall provide such guarantees.

11-7. Inspection. Construction contractors and subcontractors shall at
all times permit and facilitate inspection of the work by appropriate
representatives of the public/nonprofit agency responsible for the pro-
ject and of the state Department of Natural Resources and, where appro-
priate, the Department of Management and Budget. Agencies responsible
for projects shall include this requirement in all construction contracts
and subcontracts.

II-U0. Siqns. The signs required in federal condition ','G (Part I),
acknowledging support of the National Oceanic and Atmospheric
Administration, Office of Coastal Zone Management, shall also acknow-
ledge the support and assistance of the Michigan Coastal Management
Program, Department of Natural Resources, Division of Land Resource
Programs.

11-9. insurance. Prior to the start of any construction work under
V
this contract, the public/nonprofit aqen,:y responsible for the project
will require that the contractor/subcontractor submit evidence that (a)
all workmen are adequately insured to protect him from claims for
damages for personal injury or death which may arise from operations
under this contract, and (b) lie is covered by liability insurance at
least to the extent of either (a) bodily injury coverage of $100,000
each occurrence and $300,000 aggregate, and $50,000 property damage
for all occurrences; or (b) combined single-limit coverage of $300,000.
(Higher limits are recommended if project involves construction at
heights or below the surface (underground utilities, etc.). The
subgrantee will assure that the construction contractor/subcontractor
shall maintain all of the above insurance during the life of this con-
tract. Whatever other insurance is appropriate, coverage must include

CC-9

Worker's Compensation and no-fault aA-omobile insurance as required by
Michigan law. Partial paym@ents shall not relieve the construction con-
tractor/subcontractor from full responsibility for any damage which may
result from any cause, including fire or other casualty, until comple-
tion of the contract and certification from the responsible public/
nonprofit agency that final 'Dayment has been approved. Any casualties
shall not relieve the construction contractor/subcontractor from per-
forming the contract/subcontract; nor shall compliance with the provi-
sions of this agreement exempt subgrantees and contractors from any
obligations otherwise applicable to them.

CC-10

CONSTRUCTION CONTRACTORS AFFIRMATIVE ACTION REQUIPEMENTS

The following notice sha11 be included in, and shall be a part of, all

solicitations for offers and bids on all federal and federally-assisted

construction contracts or subcontracts in excess of $10,000 to be performed

in WAYNE, OAKLAND and MACOMS COUNTIES:

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY (EXECUTIVE ORDER 11246)

1. The Offeror's or Bidder's attention is called to the "Equal Opportunity

Clause" and the "Standard Federal Equal Employment Opportunity Construction

Contract Specifications" set forth herein.

2. The goals and timetables for minority and female participation, expressed

in percentage terms for the Contractor's aggregate workforce in each trade

on all construction work in the covered area, are as follows:

FEMALE PARTICIPATION:

Trade Timetable Goals (percent)

All From April 1, 1978 until March 31, 1979 3.1

All From April 1, 1979 until March 31, 1980 5.0

All From April 1, 1980 until March 31, 1981 6.9

MINORITY PARTICIPATION

Trade Timetable Goals (Percent)

All Until further notice 18.5 or above

AA-1

These Goals are applicable to all the Contractor's construction work (whether

or not it is, federal or federally assisted) performed in the covered area.

The Contractor's compliance with the Executive Order and the regulations in

41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity

Clause (page 4), specific affirmative action obligations required by the

specifications set forth on pages 7 to 15 , and its efforts to meet the

goals established for the geographical area where the contract resulting from

this solicitation is to be performed. The hours of minority and female

employment and training must be substantially uniform throughout the length

of the contract, and in each trade, and the contractor shall make a good

faith effort to employ minorities and women evenly on each of its projects.

The transfer of minority or female employees or trainees from Contractor

to Contractor or from project to project for the sole purpose of meeting
the Contractor's goals shall be a violation of the contract, the Executive

Order and the regulations in 41 CFR Part 60-4. Compliance with the goals

will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of

the Office of Federal Contract Compliance Programs within 10 working days

of award of any construction subcontract in excess of $10,000 at any tier

for construction work under the contract resulting from this solicitation.

The notification shall list the name, address and telephone number of the
subcontractor; employer identification number; estimated dollar amount of

the subcontract; estimated starting and completion dates of the subcontract;

and the geographical area in which the contract is to be performed.

AA-2

4. As used in this Notice , and in the contract resulting from this

solicitation, the "covered area" is nationwide for female
participation and Wayne, Oakland and Macomb counties for minorities.

AA-3

EQUAL 0P1PORTU1.N1T'-,' CLAUSE

During the perforaiance oll" this contract, th..e contractor agrees as follows:

(a) The contractor will not discriminate against any employee
or applicant for employment because of race, color, religion,
sex, or national origin. The contractor wil I take af-firmative
action to ensure that applicants are employed, and that
employees are treated during e.,nployaient, without regard to
their race, color, religion, sex, or national origin. Such
action shall include, but not be limited to, the follo,aing:
Employment, upgrading,*demotion, or transfer, recruitment
or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training,
including.apprent.iceship. The contractor agrees to post in
conspicuous places, available to CMD10,'fees and applica7nts for,
employment, notices to be provided by the contracting o-fficer
setting forth the provisions of this nondiscrimination clause.

.(b) The contractor will, in all solicitations or advertisements
for employees placed by or on behalf of the contractor, state
p I
that all, qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or
national origin.

(c) The contractor will-send to each labor union or representative
of workers with @,,,hich he has a collective bargaining agreement
or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of
the contractor's commitment under this section and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.

(d) The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor.

(e) The contractor will furnish all information and,reports required
by Executive Order 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant
thpreto, and will permit access to'his/her books, records, and
arcounts by NOAA and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations,
and orders.

(f) In the event of the contractor's noncompliance with the non-
discrimination clauses of this contract or with any of such
rules, regulations, or orders, this contract- may be cancelled,
terminated or suspended in whole or in part and the contractor
0 may be declared ineligible for further Government contracts or
Federally assisted construction contract procedures authorized
in Executive Order 11246 of September 24, 1965,*or by rule,
i. -wise
regulation, or order of the 5ecretary of Labor, or as other
.provided by law.
AA-4

(g) The contractor will include the portion of the sentence
immediately preceding paragraph (a) and the provisions
of paragraphs (a) through (g) in every subcontract or
purchase order unless exempt by rules, regulations,
or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of Srptember 24,
1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such
action with respect to any subcontract or purchase order
as NOAA may direct as a means of enforcing such provisions
including sanctions for noncompliance: Provided, however,
that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor
as a result of such direction by NOAA, the contractor may
request the United States to enter into such litigation
to protect the interest of the United States.

The grantee further agrees that is will be bound by the
above equal opportunity clause with respect to its own
employment practices when it participates in federally-
assisted construction work: Provided, that if the grantee
so participating is a state or local government, the above
equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which
does not participate in work or under the contract.
The grantee agrees that it will assist and cooperate
actively with NOAA and the Secretary of Labor in obtaining
the compliance of contractors and subcontractors with
the equal opportunity clause and the rules, regulations,
and relevant orders of the Secretary of Labor; that it
will furnish NOAA and the Secretary of Labor such informa-
tion as they may require for the supervision of such
compliance; and that it will otherwise assist NOAA in
the discharge of its primary responsibility for securing
compliance.

The grantee further agrees that it will refrain from entering
into any contract or contract modification subject to Execu-
tive Order 11246 of September 24, 1965 , with a contractor
debarred from, or who has not demonstrated eligibility for,
Government contracts and Federally assisted construction
contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and
subcontractors by NOAA or the Secretary of Labor pursuant to
Part II, Subpart D of theExecutive Order. In addition, the
grantee agrees that if it fails or refuses to comply with
these undertakings, NOAA may take any or all of the following
actions: Cancel, terminate, or suspend the grant in whole

AA-5

or in part; refrain from extending any further asststance to
the grantee under the program with respect to which the
failure or refusal occurred until satisfactory assurance
of future compliance has been received from such grantee;
and refer the case to the Department Of Justice for
appropriate legal proceedings.

AA-6

STANDARD FEDERAL EQUAL EMPLOYMENT 0PPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS (EXECIUTIVE ORDER 11246)

1. As used in these specifications:

a. "Covered area" means the geographical area described in the solicitation

from which this contract resulted;

b. "Director" means Director, Office of Federal Contract Compliance Programs,

United States Department of Labor, or any person to whom the Director delegates

authority;

C. "Employer identification number" means the Federal Social Security number

used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department

Form 94T.

d. "Minority" includes:

(i) Black (all persons having origins in any of the Black African racial
groups not of Hispanic origin);

(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South

American or other Spanish Culture or origin, regardless of race):
(iii) Asian and Pacific Islander (all persons having origins in any of the

original peoples of the Far East, Southeast Asia, the Indian Subcontinent,

or the Pacific Island); and

(iv) American Indian or Alaska Native (all persons having origins in any

of the original peoples of North America and maintaining identifiable

tribal affiliations through membership and participation or community

identification).

2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts

a portion of the work involving any construction trade, it shall physically
include in each subcontract in excess of $10,000 the provisions of these

specifications and the Notice which contains the applicable goals for

AA-7

minority and female participation and which is set forth in the solicitations

from which this-contract resulted.

3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Home-

town Plan approved by the U.S. Department of Labor in the covered area either

individually or through an association, its affirmative action obligations on

all work in the Plan area (including goals and timetables) shall be in

accordance with that Plan for those trades which have unions participating

in the Plan. Contractors must be able to demonstrate their participation,

in arid compliance with the provisions of any such Hometown Plan. Each

Contractor or Subcontractor participating in an approved Plan is individually

required to comply with its obligations under the EEO clause, and to make

a good faith effort to achieve each goal under the Plan in each trade in

which it has employees. The overall good faith performance by other

Contractors or Subcontractors toward a goal in an approved Plan does not

excuse any covered Contractor's or Subcontractor's failure to take good

faith efforts to achieve the Plan goals and timetables.

4. The Contractor shall implement the specific affirmative action

standards provided in paragraphs 7a through p of these specifications.

The goals set forth in the solicitation from which this contract resulted

are expressed as percentages of the total hours of employment and training

of minority and female utilization the Contractor should reasonably be

able to achieve in each construction trade in which it has employees in

the covered area. The Contractor is expected to make substantially uniform,

progress toward its goals in each craft during the period specified.

AA- 8

Neither the provisions of an collective bargaining areement, nor the

failure by a union with whom the Contractor has a collective bargaining

agreement, to refer either minorities or women shall excuse the Contractors

obligations under these specifications, Executive Order 11246, or the

regulations promulgated pursuant thereto.

6. In order for the nonworking training hours of apprentices and trainees

to be counted in meeting the goals, such apprentices and trainees must be

employed by the Contractor during the training period, and the Contractor

must have made a commitment to employ the apprentices and trainees at the

completion of their training, subject to the availability of employment

opportunities. Trainees must be trained pursuant to training programs

approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal

employment opportunity. The evaluation of the Contractor's compliance

with these specifications shall be based upon its effort to achieve maximum,

results from its actions. The Contractor shall document these efforts fully,

and shall implement affirmative action steps at least as extensive as the

following:

a. Ensure and maintain a working environment free of harassment, intimidation,

and coercion at all sites, and in all facilities at which the Contractor's

employees are assigned to work. The Contractor, where possible, will assign

two or more women to each construction project. The Contractor shall

specifically ensure that all foremen, superintendents, and other on-site

supervisory personnel are aware of and carry out the Contractor's obligation

to maintain such a working environment, with specific attention to minority

or female individuals working at such sites or in such facilities.

AA-9

b.Establish and maintain a current list of minority and female recruitment

sources, provide written notification to minority and female recruitment

sources and to community organizations when the Contractor or its. unions

have employment opporunities available, and maintain a record of the

organizations' responses.

c. Maintain a current file of the names, addresses and telephone numbers

of each minority and female off-the-street applicant and minority or

female referral from a union, a recruitment Source or community organization

and of what action was taken with respect to each such individual. If

such individual was sent to the union hiring hall for referral and was

not referred back to the Contractor by the union or, if referred, not

employed by the Contractor, this shall be documented in the file with

the reason therefore, along with whatever additional actions the Contractor

may have taken.

d. Provide immediate written notification to the Director when the Union

or unions with which the Contractor has a collective bargaining agreement

has not referred to the Contractor a minority person or woman sent by the

Contractor, or when the Contractor has other information that the union

referral process has impeded the Contractors efforts to meet its obligations.

e. Develop on-the-job training opportunities and/or participate in training

programs for the area which expressly include minorities and women, including

upgrading programs and apprenticeship and trainee programs relevant to the

Contractor's employment needs, especially those programs funded or approved by

the Department of Labor. The Contractor shall provde notice of these programs

to the sources compiled under 7b above.

AA-10

f. Disseminate the Contractor's EEO policy by providing notice of the policy

to unions and training programs and requesting their cooperation in assisting

the Contractor in meeting its EEO obligations; by including it in any policy

manual and collective bargaining agreement; by publicizing it in the company

newspaper, annual report, etc.; by specific review of the policy with all

management personnel and with all minority and female employees at least

once a year; and by posting the company EEO policy on bulletin boards

accessible to all employees at each location where construction work is

Performed.

g. Review, at least annually, the company's EEO policy and affirmiative

action obligations, under these, specifications with all employees having

any responsiilty for hiring, assignment, layoff, termination or other

employment decisions including, specific review of these items with onsite

supervisory personnel such as Superintendents, General Foremen, etc.,

prior to the initiation of construction work at any job site. A written

record shall be made and maintained identifying the time and place of these

meetings, persons attending, subject matter discussed, and disposition of the

subject matter.

h. Disseminate the Contractor's EEO policy externally by including it in

any advertising in the news media, specifically including minority and female

news media, and providing written notification to and discussing the Contractor's

EEO policy with other Contractors and Subcontractors with whom the Contractor

does or anticipates doing business.

i. Direct its recruitment efforts, both oral and written, to minority, female

and community organizations, to schools with minority and female students and

AA-11

to minority and female recruitment and training organizations serving the

Contractors recruitment area and employment needs. Not later than one month

prior to the date for the acceptance of applications for apprenticeship or other

training by any recruitment source, the Contractor shall send written notifica-

tion to organizations such as the above, describing the openings, screening

procedures, and tests to be used in the selection process.

j. Encourage present minority and female employees to recruit other minority

persons and women and, where reasonable, provide after school, summer and

vacation employment to minority and female youth both on the site and in

other areas of a Contractor's work-force.

k. Validate all tests and other selection requirements where there is an

obligation to do so under 41 OFR Part 60-3.

1. Conduct, at least annually, an inventory and evaluation at least of all

minority and female personnel for promotional opportunities and encourage

these employees to seek or to prepare for, through appropriate training, etc.,

such opportunities.

m. Ensure that seniority practices, job classifications, work assignments

and other personnel practices, do not have a discriminatory effect by

continually monitoring all personnel and employment related activities to

ensure that the EEO policy and the Contractor's obligations under these

specifications are being carried out.

n. Ensure that all facilities and company activities are nonsegregated

except that separate or single-user toilet and necessary changing facilities

shall be provided to assure privacy between the sexes.

AA-12

o.Document and maintain a record of all solictions of offers for sub-

contracts from minority and female construction contractors and suppliers,

including circulations of sollicitations to minority and female contractor

associations and other business associations.

p. Conduct a review, at least annually, of all supervisors' adherence to and

performance under the Contractor's EEO policies and affirmative action obliga-

tions.

8. Contractors are encouraged to participate in voluntary associations which

assist in fulfilling one or more of their affirmative action obligations (7a

thrpugh.p). The efforts of a contractor association, joint contractor-union,

contractor-community, or other similar group of which the contractor is a

member and participant, may be asserted as fulfilling any one or more of its

obligations under.7a through p of these Specifications provided that the

contractor actively participates in the group, makes every effort to assure

that the group has a positive impact on the employment of minorities and women

in the industry, ensures that the concrete benefits of the program are

reflected in the Contractor's minority and female workforce participation,

makes a good faith effort to meet its individual goals and timetables, and

can provide access to documentation which demonstrates the, effectiveness of

actions taken on behalf of the Contractor. The obligation to comply, however,

is the Contractor's and failure of such a group to fulfill an obligation

shall not be a defense for the Contractor's noncompliance.

9. A single goal for minorities and a separate single goal for women have

been established. The Contractor, however, is required to provide equal

employment opportunity and to take affirmative action for all minority

groups, both male and female, and all women, both minority and non-minority.

AA-13

Consequently, the Contractor may be in violation of the Executive Order if a

particular group is employed in a substantially disparate manner (for example,

even thouth the Contractor may be in violation of the Executive Order if a
specific minority group of women is underutilized).

10. The Contractor shall not use the goals and timetables or affirmative

action standards to discriminate against any person because of race, color,

religion, sex, or national origin.

11. The Contractor shall not enter into any Subcontract with any person or

firm debarred from Government contracts pursuant to Executive Order 11246.

12. The Contractor shall carry out such sanctions and penalties for violation

of these specifications and of the Equal Opportunity Clause, including suspension,

termination and cancellation,of existing subcontracts as may be imposed or

ordered pursuant to Executive Order 11246, as amended, and its implementing

regulations, by the Office of Federal Contract Compliance Programs. Any

Contractor who fails to carry out such sanctiona and penalties shall be in

violation of these specifications and Executive Order 11246, as amended.

13. The Contractor, in fulfilling its obligations under these specifications,

shall implement specific affirmative action steps, at least as extensive as

those standards prescribed in paragraph 7 of these specifications, so as to

achieve maximum results from its efforts to ensure equal employment opportunity.

If the Contractor fails to comply with the requirements of the Executive Order,

the implementing regulations, or these specifications, the Director shall

proceed in accordance 41 CFR 60-4.8.

14. The Contractor shall designate a responsible official to monitor all

employment related activity to ensure that the company EEO policy is being

AA-14

carried out, to submit reports relating to the provisions hereof as may be

required by the Government and to keep records. Records shall at least

include for each employee the name, address, telephone numbers, construction

trade, union affiliation if any, employee identification number when assigned,

social security number, race, sex, status (e.g., mechanic, apprentice, trainee,

helper, or laborer), dates of changes in status, hours worked per week in the

indicated trade, rate of pay, and locations at which the work was performed.

Records shall be maintained in an easily understandable and retrievable form;

however, to the degree that existing records satisfy this requirement, con-

tractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the

application of other laws which establish different standards of compliance

or upon the application of requirements for the hiring of local or other

area residents (e.g., those under the Public Works Employment Act of 1977

and the Community Development Block Grant Program).

AA-15

GENERAL CONDITIONS

GENERAL CONDITIONS:

General Conditions of the Contract, Standard General Conditions of the
Construction Contract National Society of Professional Engineers 1910-8,
and Instructions to Bidders shall become a part of the contract and shall
apply to all contractors and subcontractors.

DEFINITIONS:

"Owner," as used herein, shall be the person, organization, firm, or
municipality as specified in the contract.

Engineer," as used herein, refers to Valentine-Thomas & Associates, Inc.,
3847 Pine Grove Road, Port Huron, Michigan.

"Contractor," as used herein, refers to the principal contractor or sub-
contractor engaged in the branch of work referred to and their superintendents,
foremen, agents and employees.

Principal Contractor," or "General Contractor," as used herein refers to any
contractor having direct contract with the Owner, to do work in accordance
with these specifications and drawings.

"Subcontractor," as used herein, refers to those having direct contract with
a principal contractor to do work in accordance with these specifications and
drawings.

"Specifications," as used herein, refers to all contract documents, whether
bound in this volume or not, including these specifications, advertisement
for bid, any addenda which may be issued, the construction agreement, and
descriptive data that may be incorporated in change orders.

"Drawings," as used herein, shall mean all of the working drawings on which
the contract is based, all approved shop drawings, and all supplementary
details which may be issued by the Engineer as the work progresses or as
may be incorporated in the approved change orders.

QUALITY OF WORKMANSHIP:

Each contractor is to perform all work under his contract in a careful,
substantial, craftsmanlike manner, resulting in a construction equal to the
best modern practice, assuming full responsibility for proper workmanship as
herein specified, regardless of the interference of work by other contractors.

5-GS-1
Revised 3/6/81

All methods, materials and workmanship are subject to the
approval of the Engineer and should he judge any of these
methods, materials or workmanship as unacceptable, the
contractor shall replace them with those acceptable, assuming
all expense.

The Engineer shall exercise diligence and care to guard the
Owner against improper workmanship by the contractors, but
the Engineer is not responsible in any way for the execution
of the contract.

All contractors shall guarantee all workmanship and material
for a period of at least one (1) year from the date of
acceptance of the premises by the Owner and shall do all
necessary repairs and replacements of faulty parts appearing
during that period without cost to the Owner.

WORK EMBRACED:

The Contractor shall do all the work and furnish all the
materials, tools, equipment, and machinery, except as herein
otherwise mentioned, necessary or proper for the performance
and completion of the work herein specified; but in no case
will any work in excess of such requirements be paid for
unless ordered in writing by the Engineer.

INTERPRETATION:

Should any question arise as to the intent or meaning of any
parts of the plans and specifications, the interpretation of
the Engineer shall be final.

LIABILITY OF CONTRACTOR:

The Contractor shall take all responsibility for the work,
and shall provide barricades, watchmen and lights, and take
all precautions for preventing injuries to persons and
property on or about the work; shall bear all losses resulting
to him on account of the amount or character of the work or
because the nature of the ground in which the work is done
is different from what was estimated or expected, or on
account of the weather, floods, elements, or other cause;
and he shall assume the defense of, and indemnify and save
harmless the party of the first part and its individual
officers and agents, from all claims relating to labor,
equipment, and materials furnished for the work, inventions,
patents and patent rights used in doing the work, also to
injuries to any person or property received or sustained by
or from the Contractor, his agents or employees.

The mention of any specific duty or liability of the Con-
tractor in any part of the specifications shall not be
construed as a limitation or restriction upon any general
liability or duty imposed upon the Contractor by the specifications.

5-GS-2

LAWS AND REGULATIONS:

The Contractor shall keep himself fully informed of all
lows and municipal ordinances and regulations in any
manner affecting those engaged or employed in the work,
or the equipment and materials used in the work, and all
orders and decrees of bodies or tribunals having any
jurisdiction or authority over the same. He shall at all
times observe and comply with all such existing and future
laws, ordinances, regulations, orders and decrees; and shall
protect and indemnify the party of the first part and its
officers and agents against any claim or liability arising
from or based on the violation of any such law, ordinance,
regulation, order or decree, whether by himself or his
employees.

ASSIGNMENT OF CONTRACT:

The Contractor shall not sublet, assign or transfer this
contract or any portion thereof or any payments due him
thereunder, without the written consent of the party of the
first part.

Assignment or subletting the whole or any portion of this
contract shall not operate to release the Contractor or his
bondsmen hereunder from any of the contract obligations.

ESTIMATED.QUANTITIES:

The quantities of the various classes of work to be done and
materials to be furnished under this contract, which have
been estimated as stated elsewhere herein, are approximate
and only for the purpose of comparing, on a uniform basis,
and bids offered for the work under.this contract; and
neither the party of the first part nor its agents is to be
held responsible should any of said estimated quantities
be found incorrect during the construction of the work; and
the Contractor shall make no claim for anticipated profit,
not for loss of profit, because of a difference between the
(quantities of the various classes of work actually done or
materials actually delivered, and the estimated quantities
as herein stated.

All permits and licenses necessary for the prosecution of the
work shall be secured and paid for by the Contractor.

ALTERATIONS:

No extra charge shall be made for adjustments or alterations
usually occurring in construction, and failure to understand
the true intent of specifications and plans in any particular
for any cause whatever, including possible errors or omissions,
will not relieve the Contractor from obligation to perform a
complete and perfect piece of work.

5-GS-3

To facilitate his work, the Contractor will be permitted, at his own expense,
to make such additions or alterations as the Eng'neer may approve in writing.

EXTRA WORK:

Should the Engineer deem additional work or material changes in design or
construction necessary for the good of the work, he shall order the same in
,,writing, and the difference in cost shall be added to or deducted from the
contract price upon the basis of the unit prices bid or stipulated for such
work; or in case no sum has been stipulated, by estimate and acceptance of
a iump sum or upon the basis of fair allowance for the cost of Jabor and
material at market prices plus the fee for additional work thereof for
supervision, profits, and all other overhead costs, the rates of labor and
the value of materials being agreed upon in advance, but no allowance shall
be made or money paid for the use of the Contractor's tools and plant including
machinery, equipment or trucks.

On or before the 10th of each monthY the Contractor shall submit to the Engineer
all bills or claims for extra work done during the prec.eding month,,failing in
which it is mutually understood and agreed that the Contractor shall waive and
forfeit all rights and claims to extra., whether he shall have received written
order for the same or not; failing which notification, he shall waive and forfeit
all rights and claims to extra compensation.for same.

AGENTS:

The work shall be carried on,under the personal supervision of the Contractor or
his properly authorized representative, who shall be on the ground at all times
during the construction and who shall have full and responsible charge of work
with power to receive orders and carry out instructions.

ENGINEER'S STATUS:

The Engineer shall have authority to stop the work whenever such stoppage moy.
be necessary to insure the proper execution of the Contract. He shall also have
authority to reject all work and m-:terials which do not conform to the Contract.

5-GS-4

AUTHORITY:

No agent of the party of the first part shall have power to
revoke, alter, enlarge, or relax the stipulations or require-
ments of these specifications, except insofar as such
authority may be specifically conferred by the specifica-
tions themselves, without the formal authorization to do so,
conferred by the Contract of which the specifications are a
part, or by ordinance, resolution, or other usual official
action by the party of the first part.

LABQR:

The Contractor shall employ only skilled workmen experienced
in the kind of work to be done, and in sufficient numbers to
complete all parts of the work in a substantial, neat, and
workmanlike manner within the time specified.

If any person employed by the Contractor shall refuse or
neglect to obey the directions of the Engineer in anything
relating to the work or shall appear to the Engineer to be
incompetent, disorderly, or unfaithful, he shall, upon order
of the Engineer, be at once discharged and shall not be
reemployed on the work; and such discharge shall not be
used as the basis of any claim for damages against the party
of the first part.

SOCIAL SECURITY PAYMENTS:

The contractor shall pay the contributions measured by wages
of his employees and the mployees of his subcontractors
required by the Social Security Act and/or the public laws of
Michigan and shall accept exclusive liability for said con-
tributions. The contractor further shall indemnify and hold
harmless the Owner on account of any contributions measured
by the aforesaid of employees of the contractor and the
subcontractors assessed against the Owner under authority
of said Act, and public laws of said state.

CONTRACTOR'S LIABILITY INSURANCE:

Unless otherwise provided in the contract documents, the
contractor shall provide insurance as follows:

Compensation Insurance:

The Contractor shall take out and maintain during the life
of the contract, Workmen's Compensation Insurance .as required
by the State of Michigan, for all of his employees employed
at the site of the project, and in case any work is sublet,
the contractor shall require the subcontractors similarly
to provide Workman's Compensation Insurance for all the
latter's employees unless such employees are covered by the

5-GS-5

Contractor's insurance. Ir case any class of employees engaged
in hazardous work under'the -@-ontract at the site of the project
is not protected under the .1orkman's Compensation Statute,
the Contractor shall provide or shall cause the subcontractor
to provide adequate insurance cover2_qe for the protection of
his employees not otherwise protected.

Public Liability and Property Dama2e Insurance:

The contractor is to carry the types of insurance that will
hold the owner harmless from any actions that may arise from
the contractor's performance of this contract. The contractor
shall take out and maintain during the life of the contract
such Public Liability and Property Damage Insurance as shall
protect him and any subcontractor performing work covered by
the contract, from claims and damages for personal injury,
including accidental death, as well as from claims fo 'r property
damages, which may arise from operations under the contract,
whether such operations be by himself or by any subcontractor
or by anyone directly or indirectly employeed by either of them.
The amounts of such insurance shall be as follows:
Bodily Injury - One Person $100@000
- Each Accident $400,000
Property Damage - Each Accident $100,000
- Aggregate $200,000

All insurance shall be carried with insurance companies
authorized to do business in the State of Michigan and the
contractor shall furnish the Owner with satisfactory proof
of insurance coverage prior to the signing of the contract.

OWNER'S LIABILITY INSURANCE:

The Owner shall be responsible for and shall maintain such
insurance at his option as will protect him from his liability
to third parties for damage because of bodily injury, including
death and damage to property of others which may arise from
work under this contract, and any other liability for damages
which the contractor is required to insure under any provision
of this contract.

OBSTRUCTION TO TRAFFIC:

During the progress of the work, the Contractor shall accommodate
both vehicular and foot traffic and shall provide free access
to fire hydrants, water and gas valves. Gutters or waterways
must be kept open or other provisions made for removal of storm
water except as otherwise specified herein, or as noted on the
drawings. Except as otherwise specified herein, or as noted
on the drawings, street intersections may be blocked but one-
half at a time, and the Contractor shall lay and maintain

5-GS-6

temporary driveways, bridges and crossings, such as in the
opinion of the Engineer ar@_- necessary to reasonably accommodate
the public.

In the event of the Contractor's failure to comply with these
provisions, the Engineer may with or without notice, cause the
same to be done, and will deduct the cost of such work from
any money due or to become due the Contractor under this
contract, but the performance of such work by the party of
the first part, or at its instance, shall serve in no way
to release the Contractor from his general or particular
liability for the safety of the public or the work.

SANITARY REGULATIONS:

Necessary sanitary conveniences for the use of laborers on
0 the work, properly secluded from public observation, shall
be constructed and maintained in sanitary condition by the
Contractor, and their use shall be strictly enforced.

SUNDAY AND NIGHT WORK:

0 The Contractor is required to prosecute work done under this
contract during the hours of daylight and no work will be
permitted at night or on Sundays, except to save property
or life or as specifically authorized or directed by the Engineer.

LOCATION WORK:

Principal reference lines or points and bench marks shall be
given by the Engineer at such time as he may deem necessary;
or if the Contractor shall be in need of such reference lines
or bench marks, he shall notify the Engineer twenty-four
(24) hours in advance.

The Contractor shall locate all work accurately in reference
to the above principal reference lines or points or bench
marks, and shall furnish all the necessary instrument men,
labor, instruments, and material for so doing.

INSPECTION AND REJECTION OF WORK:

The material used and the work done shall at all times and
all stages be subject to the inspection by the Engineer as
the work progresses; but such inspection shall not relieve
the Contractor from any obligation to furnish materials and
perform the work strictly in accordance with these specifica-
tions. Work not so constructed shall be removed and replaced
by the Contractor at his own expense. .

The Engineer shall have access to the work at all times, and the
Contractor shall cooperate with him and furnish such assistance
4W as may be required in order to facilitate and for the purpose
of laying out principal reference lines or points.

5-GS-7

The Engineer has the righ t to have removed by the Contractor
such portion of work as he -,nay deem necessary for the
discovery of improper work or material, and the Contractor
rhust restore such work at his own expense if improperly
done and at the expense of the party of the first part if
found to be in proper condition. Any work which during its
progress and before its final acceptance may become damaged
from any cause, shall be removed and replaced by good,
satisfactory work at the Contractor's expense.

CLEANING UP:

On or before the completion of the work, the Contractor shall
without charge therefor, tear down and remove all buildings
and other structures built by him, and shall remove all
rubbish of all kinds from any grounds which he has occupied,
and shall leave the line of work in a clean and neat condition.
Furthermore, all structures and appurtenances included in
this contract shall be cleared of all. scaffolding, centering,
rubbish or dirt.

STARTING WORK:

Material shall be ordered and work shall begin on the ground
within thirty (30) days after the contract is signed, unless
otherwise stated.

PROGRESS OF WORK:

The work shall be prosecuted regularly and uninterruptedly,
unless the Engineer shall otherwise specifically direct,
with such force and at such points as to insure its full
completion within the time herein stated.

if, in the opinion of the Engineer, it is necer-sary or
advisable that certain portions of the work be done immediately,
the Contractor, upon written order, shall proceed with such
work without delay. Should he fail to so proceed, the Engineer
may do or cause to be done, such work, and the cost of the
same will be deducted from any money due or to become due the
contractor under this contract.

TIME OF COMPLETION:
The time allowed for completion of the work contemplated in
this contract shall be as stated in the proposal or specifications.

EXTENSION OF TIME:

All days in which work is suspended by order of the Engineer,
or in accordance with these specifications, shall automatically
extend the time for completion an equal number of days.

5-GS-8

TIME IS ESSENCE OF CONTRACT:

It is distinctly understood and agreed to by the
hereto that the time specified for the completion of
work is the essence of this contract, and the Contractor
shall not be entitled to claim performance of this
unless the work is satisfactorily completed, in every
within the time herein specified.

I N JUNC T I ON S:

Should the party of the first part be prohibited or enjoined
from proceeding with the work, or from authorizing its
prosecution, either before or after its commencement, by
reason of any litigation or otherwise, the said Contractor
shall not be entitled to any damages by reason of the delays
thereby caused except for the actual cost of protecting such
work as he may have underway, or for the cost of removal
and replacement of such tools, plant, and materials as he may
have delivered upon such work, such cost to be determined
by the Engineer. Nor shall said party be entitled to withdraw
from this agreement until such delays, as aforesaid, aggregate
one (1) year; but the time of completion shall be extended for
such times, as in the judgement of the Engineer, shall be equal
to the aggregate delay.

FORFEITURE OF CONTRACT:

If the work to be done under this contract shall be abandoned
by the Contractor, or if at any time in the judgement of the
party of the first part of the Contractor shall fail to
prosecute the work at a reasonable rate of progress, or to
comply with all or any of the terms and requirements herein
set forth, then the party of the first part shall have the
right to take possession of the work, including Contractor's
plant, supplies and materials at any time after having
notified the Contractor in writing to discontinue the work
under this contract for said cause or Causes, and such action
shall not affect the right of the party of the first part
to recover damages resulting from such failure. Upon
receiving such notice, the Contractor shall and will, upon
demand, immediately give the party of the first part safe
and peaceable possession of the work, including the plant,
and shall then cease to have control over any portion thereof
or the men employed thereon.

The party of the first part may then proceed to complete the
work herein specified, by contract or otherwise; and the
entire cost of the same shall be charged to the Contractor
and deducted from any sum or sums due or to become due under
the contract, the excess cost, if any, to be paid by the
Contractor or his sureties, to said party of the first part.

5-GS-9

NO WAIVER OF CONTRACT:

Neither the acceptance of the whole or any part of the work by the party of
the first part or his Engineer, or any of its agents, nor any other measure-
ments., or certificate by the Engineer, nor any order by the party of the first
part for the payment of money, nor any payment for the whole or any part of the
work by the party of the first part, nor any extension of time, nor any
possession taken by the party of the first part or its agents, shall operate
as a waiver for any portion of the contract or any power therein reserved to
the party of the first part or any right to damages therein provided; nor shall
any waiver of any breach of the contract be held to be a waiver of any other
or subsequent breach.

PAYMENTS AND ESTIMATES:

At least ten (10) days before each progress payment falls due (but not more
often than once a month),, the Contractor will submit to the Engineer for review
an Application for Payment and Certificate of the Contractor filled out and
signed by the Contractor covering the work performed as of the date of the
Application and supported by any such data as the Engineer may reasonably
require.

Except where greater retention is necessary pursuant to definite circumstances
specifically provided for in the construction contract, the following schedule
of retained amounts from progress payments shall be followed:

a. Retention of up to 10% of payments claimed until construction
is 100% complete.

b. When the project is substantially complete (operational or
beneficial occupancy), the retained amount may be further
reduced below 10% to only that amount necessary to assure
completion of the contract work, if recommended by the
Engineer and approved the Owner.

The Contractor warrants and guarantees that title to all work, materials and
equipment covered by an application for payment, will have passed to the owner
prior to the making of the application for payment, free and clear of all
liensY claims, security interests and encumbrances and that no workY materials
or equipment covered by an application for payment will have been acquired by
the Contractor or by any other person performing the work at the site or
furnishing materials and equipment for the project, subject to an agreement
under which an interest therein or encumbrance thereon is retained by the
seller or otherwise imposed by the contractor or such other person.

5-GS-10

PAYMENTS AND ESTIMATES: (CONTINUED)

The Engineer's approval of any payment requested in an Application for Payment
shall constitute a representation by him to the Owner, based on the Engineer's
on-site observations of the Work in progres@_@ as an experienced and qualified
design professional and on his review of the Application for Payment and the
supporting data, that the work has progressed to the point indicated; that, to
the best of his knowledge, information and belief P the quality of the work is
in accordance with the Contract Documents (subject to an evaluation of the
work as a functioning project upon substantial completion, to the results of
any subsequent tests called for in the Contract Documents and any qualifications
stated in his approval); and that the Contractor is entitled to payment of the
amount approved. However, by approving any such payment the Engineer shall not
thereby be deemed to have represented that he made exhaustive or continuous
40 on-site inspections to check the quality or the quantity of the work, or that
he has reviewed the means.. methods, techniques, sequences, and procedures of
construction or that he has made any examination to ascertain how or for what
purpose the Contractor has used the monies paid or to be paid to him on
account of the Contract Price.

The Engineer's approval of final payment shall constitute an additional
representation by him to the Owner that the conditions precedent to the
Contractor's being entitled to final payment have been fulfilled.

The Engineer will, within ten (10) days after receipt of each application for
payment, either indicate in writing his approval of payment and present the
application to the owner, or return the application to the Contractor indicating
in writing his reasons for refusing to approve payment. in the latter case,
the contractor may make the necessary corrections and resubmit the application.
The owner will, within ten (10) days of presentation to him of an approved
application for payment, pay the contractor the amount approved by the Engineer.

The Engineer may refuse to approve the whole or any part of any payment if, in
his opinion, he is unable to make such representations to the Owner. He may
also refuse to approve any such payment, or, because of subsequently discovered
evidence or the results of subsequent inspections or tests, nullify any such
payment previously approved, to such extent as may be necessary in his opinion
to protect the Owner from loss because:

1. The work is defective.
2. Claims have been filed or there is reasonable evidence indicating
the probable filing thereof.
3. The Contract Price has been reduced because of Modifications.
4. The Owner has been required to correct defective work or complete
the work.
5. Unsatisfactory prosecution of the work, including failure to clean up.

5-GS-11

The acceptance by the Contractor of the 4 Inal payment aforesaid shall operate
as.. and shall be, a release to the party of the first part and its agents,
from all claim and liability to the Contractor for anything done or furnished
for, relating to the work, or for any act or neglect of the party of the first
.part or of any person relating to or affecting the work.

PAYtAENT NOT TO BE STOPPED:

The party of the first part shall not, nor shall any officer thereof, be
precluded or stopped by any return or certificate made or given by the Engineer,
or other officer, agent or appointee, under the provisions of this agreement, at
any time (either before or after the final completion and acceptance of the work
and payment made therefor pursuant to any such return or certificate, showing
the true and correct amount of money due therefor, not withstanding any such
return or certificate or any payment made in accordance therewith) from .
demanding and receivinog from the Contractor or his sureties, separately or
collectively, such sums as may have been improperly paid said Contractor by
reason of any such return or certificate which has been untruly or incorrectly
compiled.

COMPLETION GURANTEE:

In addition to the specific guarantee required by the specification for the work
to be performed under this contract, the contractor shall guarantee all the work
to be performed under this contract against defects in materials or workmanship
for a period of one (1) year from the date of final acceptance of the completed
work by the Owner.

Contractor shall), within a reasonable time after receipt of written notice,
thereof, make good any defects in materials and workmanship which develop during
the said M one year period., any damage to other work caused by such defects
or the repairing of same, at his own expense and without cost to the Owner.

CONFLICTING CONTRACT DOCUMENTS:
Whenever a conflict occurs between any of the Contract Documents, the
controlling document shall be the lowest number document in the following
schedule:

1. Bulletins.
2. Addendums. cations.
3. Special Project Conditions and Specifi
4. Special Conditions.
5. Detailed Specifications.
6. General Specifications.
7. General Conditions.
8. Instructions to Bidders.
9. Detailed Plans of Job.
10. General Detail Drawings.

5-GS-12

DETAILED SERCIFICATIONS
FISHES PIER

GENERAL DESCRIPTI0NS

SCOPE

This item includes the furnishing of all plant, labor, equipment, supplies
and materials and performing all operations in connection with installinq work
complete in place. The work shall include all connections to steel bulk-
head, wood deck, steel railing, wood benches, swim ladder, and all other
necessary equipment and materials to furnish the work shown on the drawings
and specified herein.

STRUCTURAL AND MISCELLANEOUS STEEL

MATERIALS

Bolts, nuts and washers shall conform to of ASTM A325. Bolt
dimensions shall conform to the current requirements for regular semi-finished
ASA designation: B18.2. All fasteners shall have a corrosion
resistant zinc or cadmium plating. The swim ladder shall be shop Painted
with one coat of a high zinc content primer such as Rust-oleum zinc-sele.
Finish painting shall consist of two coats of a two-component epoxy coating
such as Rust-oleum 9300 system epoxy with each coat having a minimum dry film
thickness of 2 mils. The preceding paint manufacturer is offered as an example
for quality and performance. Other paint manufacturers, such as Durako or
Glidden may be used with the Engineer's approval. Paint application shall be
according to manufacturers instructions.

INSTALLATION

Omission of details from the plans and specifications shall not be the basis
for exemption for the requirements for first class work. Holes in steel for
bolts shall be provided by drilling or burning a small hole at the proper
location and then reaming it to the required size. The diameter of the holes
shall be 1/16" larger than the diameter of the bolts. Projection material
and burrs which would prevent firm bearing of the various members on each other
shall be removed by the Contractor.

One-half inch diameter drainage holes shall be made in amy member which the
Engineer feels will collect water.

All bolting shall be done in a workmanlike manner satisfactory to the Engineer.
All bolts and washers shall be set square with Connecting structural members
and nuts drawn up tight. Until final acceptance of completed work, the Con-
tractor will be required to check, straighten and tighten bolts in any part
of the work as directed by the Engineer.

FP-1

SHOP DRAWINGS

For all work requiring fabrication, the Contractor shall prepare and submit
to the Engineer for approval, complete shop drawings in triplicate before
work is fabricated.

CARPENTARY AND MILLWORK
MATERIALS

Lumber- All lumber shall be either Construction Grade Douglas Fir or No. 1
Southern Pine or better and shall conform to the rules of the West Coast
Lumber Inspection Bureau or the Southern Pine Inspection Bureau as applicable.
It shall be dried to the moisture content as per Association rules. Timber
shall be pressure treated in accordance with AWTB Standard LP-22. Timber cut
or drilled after treatment shall receive two heavy coats of the preservative
on the exposed surfaces.

WOOD FLOOR DECK

Wood Floor Deck shall consist of 2" x 6" (nominal size) planks minimum 8 ft.
in length. Decking shall be nailed at each joist.

BENCHES

Wood benches shall be cosntructed as whoen in the detail on Sheet No. 2 and installed on the pier in the
installed on the pier in the locations as shown on Sheet No. 1. After the benches have been assembled they shall be
lightly sanded and all exposed corners or edges shall be lightly rounded. Lumber that is cracked or splintered
will not be allowed.

RAILING

Railing shall be installed in the location as shown on the plans. It shall
be top mounted using bolts of the diameter and strength recommended by the
manufacturer. All railing and insta11ation shall surpass OSHA requirements
for the intended use. Railing shall be HSI, Handrailings Systems, Inc,
P.O. Box 262, Howell, Michigan, (517)546-3050, Finish shall be hot dipped
galvanised as furnished by the manufacturer. Railing equal to that mentioned
above may be used only if approved by the Engineer.

METHOD OF MEASUREMENT AND PAYMENT:

All items discussed under this (Fishing Pier) section shall be paid for complete, in place, on a basis as indicated
in the Proposal. FP-2

THE
KEE
KLAMP
SYSTEM
OF
PIPE
CONSTRUCTION

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41,

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