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Maxdon Construction, Inc. ./' CONTRACT DOCUMENTS ~~D SPECIFICATIONS "j . '-. FOR .,. TENNIS COURT COMPLEX NCRTHSDCE PARK H.U.C. PRO.JECT NO. CALIF. CSC 475 CITY OF GILROY, CALIFORNIA ROYSTON, HANAMOTO, BECK & ABEY Landscape Archit~cts SO Green Street San Francisco, California 94111 (415) 397-0594 I June 27, 1973 ~, Copy No.4 CITY OF GILROY, GILROY, CALIFORNIA CONTRACT DOCUMENTS AND SPECIFICATIONS For NORTHS IDE PARK SITE DEVELOPMENT H.U.D. Project No. Calif. OSD 475 City Project N~. NORMAN B. GOODRICH Mayor GEORGE T. DUFFIN Vice Mayor ****************************************************~****************** COUNCILMEN '- DENNIS DeBELL JOHN E. PATE ..JOHN HUGHAN DAVID V. STOUT ANTONY SILVA .~************************************************************************* FRED O. WOOD, Ci ty Manager William E. Ayer i , , Director of Parks and Recrea~ion Bruce M. Jacobs City. Attorney William K. Henry Director of Public Works , Suzana Stienmetz Ci ty' Clerk *********************************************~**************************** .' SPECIFICA TIONS TABLE OF CONTENTS Table of Contents Project Description Advertisement for Bids Information for Bidders Certifications of Bidder Regarding Equal Employment Opportunity and Instructions Bid Form for Bid Item Contract Bid Bond Contract Performance Bond Payment Bond Project Signs General Conditions Supplemental General Conditions Basic Wage Rates (HUD) Special Conditions and General Requirements TECHNICAL SPECIFICATIONS DIVISION 1 DIVISION 2 DIVISION 3 DIVISION 4 DIVISION 5 DIVISION 6 DIVISION 7 DIVISION 8 SITE GRADING AID EXCA VA TING SUBGRADE PREPARATION AND BASE MATERIAL ASPHALT CONCRETE PAVING CONCRETE METALS CHAIN LINK FENCE TENNIS COURTS ELECTRICAL PROJECT DESCRIPTION The project consists of the construction of three complete tennis courts, two handball courts with adjacent tennis practice courts, and the installa- tion of asphalt w:,;Jk from the parking to the above facilities. These facilities are located on the lower northwest corner of the 22 -acre Northside Park in the City of Gilroy. Surrounding streets are Church Street to the east, Ramond Street to the north (presently under construction), Hanna Street to the southwest and WeIand Street to the southeast. This park is currently under construction, under our supervision, and is 60% complete. . U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HU D-4238.A (5-66) ADVERTISEMENT FOR BIDS Project No. Calif. OSD 475 City of Gilroy, California (Owner) Separate sealed bids for Northside Park Tennis Court Complex the City of Gilroy for will be received by the City Clerk the City Clerk - 7390 Rosanna Street, Gilroy, California at the office of until~ o'cIock(~, _S.T._~} .July 12, office publicly opened and read aloud. , 191.3., and then at said The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of Bid Bond, . Performance and Payment Bond, and other contract documents may be examined at the following: Department of Parks and Recreation, City of Gilroy, California City Hall, 7390 Rosanna Street Gilroy, California P. O. Box 66 Copies may be obtained at the office of Parks and Recreation located at City Hall, Gilroy ~~ upOn payment of $ 5. 00 for each set. Xoc~~~~ ~KNN~ NON -REFUNDABLE. The owner reserves the right to waive any informalities or to reject any or all bids. - Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Information for Bidders. Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract. No bidder may withdraw his bid within 30 days after the actual date of the opening thereof. (Date) SUZANA STIENMET Z City Cler~ City of Gilroy GPO 869- 156 ( , c' l.;' G I . , . '. HUD-I.238-A (par,e 2) # f.DVERTlSEH~:NT FOR BIns ~ , . . Pursuant to Executive Order 11246, as amended, on Equal Employment Opportunity, a prime contractor and sub-contractor who signs a contract on a Federally assisted construction project are required to take affirmative action toward equal e~ployment opportunity and are required under certain conditions to preserit writte~ Affirmative Action Programs. At pre-construction conferences, the successful bidder and his known principal sub-contractors shall be required to present and discuss the approach to be taken by the successful bidder and sub-contractors to implement the requirements of affirma- tive action for equal employment and training in accordance with Executive Order 11246. as amended. .' ,f' U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT INFORMATION FOR BIDDERS .HUD-~238-B (2-66 ) 1. Receipt and Opening of Bids Th e City of Gilroy (herein called the "Owner"), invi tes bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at the office of The City Clerk until 3:00 P. M. 0' clock ~., _ST/mIX .July 12, , 19 ~, and then at said office publicly opened and read aloud. The envelopes containing the bids must be seal ed, addressed to the City Clerk at City Hall, 7390 Rosanna Street and designated as Bid for Northside Park Tennis Court Complex The Owner may consider informal any bid not prepared and submitted in accord- ance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 30 days after the actual date of the opening thereof. Preparation of Bid Each bid must be submitted on the prescribed form and accompanied by Certifica- tion by Bidder Regarding Equal Employment Opportunity, Form HUD-4238-CD-l. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and the foregoing Certification must be fully completed and executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder. his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. Subcontracts The bidder is specifically advised that any person, firm. or other party to whom it 1s proposed to award a subcontract under this contract-- a. Must be acceptable to the Owner and the Department of Housing and Urban Development, and. b. Must submit Form HUD-4238-CD-2. Cert ification by Proposed Su'bcon tractor Re- garding Equal Employment Opportunity. Approval of the proposed subcontract award cannot be given by the Owner unless and until the proposed subcon- tractor has submitted the Certification and/or other evidence showing that it has fully complied with any reporting requirements to which it is or was SUbject. . (preVious Editions Obsolete J - 2 - Although the bidder is not required to. attach such Certifications by proposed subcontractors to his bid, the bidder is here advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards. 4. Telegraphic Modification Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic commu- nication is received by the Owner prior to the closing time, and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification. 5. Method of Bidding The Owner invi tes the following bide s): (All Lump Sum Amounts) A. Base Bid - For all work as shown and specified, exclude the Additive Alternates. B. Additive Alternate Bids 1, 2 and 3 - Lump Sum for each alternate. A qualified bid must include all information requested in the Bid Pro- posal, including the Base Bid, Alternate Bids and List of Proposed Subcontractors. Qllal,i,fic:a;tions ,of ,Bidde.r'.,. . j...", v'" 6. .".' J:... I. .., ..~" . .~':'....... '.' ,.- The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Con- ditional bids will not be accepted. 7. Bid Security Each bid must be accompanied by cash, certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all ex- cept the three lowest bidders within three days after the opening of bids, and the remaining cash, checks, or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within 30 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. 8. Liquidated Damages for Failure to Enter into Contract The successful bidder, upon his failure or refusal to execute and deliver the con- tract and bonds required within 10 days after he has received notice of the accept- ance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the securi ty deposi ted wi th his bid. - 3 - 9. Time of Completion and Liquidated Va.ages Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project wi thin 90 consecutive calendar days therSllft"eJ. Bidder must agree also to pay as liquidated damages, the sum of $ U. UU for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 10. Conditions of Work Each bidder must inform himself fully of the conditions relating to the con- struction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 11. Addenda and Interpretations No interpretation of the meaning of the plans, specifications or other pre~bid documents will be made to any bidder orally. E-.ve:tj' rE!qu~s't~.:ror sueh ',it\tfer)ireta:'tl-on s-b:Ourd::he~ hPw}ftlfng'. addres:s~'d to ~~J ,- ":~"'-:l~ ,....~ 1t~~, Royston, Hanamoto, Beck & Abey at 50- Green Street, S. F. C::llif 94111 and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the speci- fications which, if issued, will be mailed by certified mail with return re- ceipt requested to all prospective bidders (at the respective addresses fur- nished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. 12. Security for Faithful Performance Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized ~urety company satisfactory to the Owner. 13. Power of Attorney Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. - 4 - 14. Notice of Special Conditions Attention is particularly called to those parts of the contract documents and specifications which deal with the following: (a) Inspection and testing of materials. (b) Insurance requirements. (c) Wage rates. (d) Stated allowances. 15. Laws and Regulations The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having J 1 ;, , ,..,' :\0, .. ~.... ."; ~ __. _ _ .. jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the cbntract the same as though herein written out in full. ~16. Method of Award - Lowest Qualified Bidder The Owner reserves the right to reject any or all bids. The Owner reserves the right to award the Contract on the lowest base bid or on the lowest com- bined bids (includes the base bid and anyone or more of the additive alternate) which would be in the best interest of the Owner. 17. Obligation of Bidder At the time of the opening of bids each bidder will be presumed to have in- spected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any Obligation in respect of his bid. u.s. GOVERNMENT PRINTING OffiCE; 19t70-272.-540 . ~" HUD-4238-n (Page 5) ~ -5- ( .' 18. , Preconstruct Ion nference RelDtin JAual f:mplovr.~.~nt O~ortllnitv: ffir~ative Action or . Executive Order 11246, as amended, (Equal Ecp10yment Opportunity) requires that a prime contrDctor or subcontractor who aiGOs a contract on a Fed~r- ally assisted construction project aSBumes the obligation to take whntever affirmative actions are neccgsary to assure an equal emplo~~nt opportun- ity in all aspects of employment, irrespective of race, color. religion, .ex or national origin. All construction contractors and subcontractors covered by the Executive Order 11246, as amended, are required to take affirmative action toward e~ployment opportunity. ,.... . All construct ion contractors and subcontractors covered by the Executive Order 11246, as amended. are required to take affirmative action toward employment opportunity. (, Within ten (10) days after notification of contract award, th~ cucceasful bidder together with his known principal subcontractors, will be required to attend a Preconstruction Conference at a time and place designated by the Owner. SubcontrActors shall include, but not be limited to, major ltems of work uuch gS heating, electrical, plumbing and so forth. The pur- pose of the preconstruction Conference is to discuss, among other concicl~ra- t1ons, the responsibilities of the successful bidder !!nd his Dubcontr~ctOrB under EAecutive Order 11246, and the requirement for a written Affirmative Action Program, if required, from the successful bidder ~md oubcontractor. . .. Each successful bidder is hereby advised that a prepared Affir~~tive Action ". Program, in vritin~, will be required within 15 days after the preconstruc- .tion Conference under the following conditions: (e) where the prime contracts are of $100,000 or more on projects coatin& $1 million or more; (b) where the subcontracts are of $100,000 or more on projects costing $1 million or more, where such subcontractors: (1) will employ the higher paid trades (such as plumbers, electriciann, or iron-workers), and (2) the higher paid trades locally have little or no minority group representation; ~ (c) where contracts or subcontracts which are not covered by (e) or (b) above. but which, because of location or other special factors are specifically identified. u 19. Affirmative action plans must contain the following infor~~tion: (a> An analysis of all major job clas.ifications at the facility,'. with explanations as to why minorities may concurrently be under- utilized in anyone or ClOre job clas.ea. "Under-utilization" is ~efiDed aa having fewer minoritiea in a particular job class , . \ .. c o '. HUD-4238-B (Page 6) ..6- ~han "their ~v811nbillty' In th3 community; (b) Goals and targets and affirmntive 4ction co~it~nt8 designed to relieve any deficiencies identified by the company. Such goals and targets should be in ter~s of specific numbers, by Jobs or job classes having similar content, w3ge rates and oppor- tunities, with specific tiroet~bles for nchievernent. In eatab- li8~~ents with over 1,000 employees, goalG and targets may be presented by department; (c) Support d~ta for above analysis and program. Such data should include progression line charts, seniority rooters, applicnnt flow data, and applicant rejection ratios, indicating minority .status. 20. Instructions for Contracts Regarding Affirmative Action Under Executive "Order 11246. (See AttackDent "A" - HUD-907) _ . _ _ . '. 1::" .0, _ ~ ." . .4' . ... ':.~ '\ .. . .. -... ... : . ,,' 'Of':' .... :' -.~:.. -:,. ~.. ... .. ..... ~ . ." -. t. . .. ~.: ,; :.~ ;'. . ~ : .: c-.: . . ;'~;-; .'.;' . ,..... < &I ~- : ... - ': ~ ,.. ~ :. '; ~ '1 i.. . ~.. ~ : '; ~~ t~ ~: , 1-. .; ~ ;_...:.~ t!. . .. ~ . . :. ". ~ .!.. ~... ... ... ~'J ..'~'" ~ .. '. .~ .:. -:-.. . ... -. :: P;"."1 :~ ... .~.. , . ':. ~ ~ . ,. ~. . ...,..-.. .. . - ... ".... . . to . ~. . .' ." ,~-. 1 ..:;. , . , . " .~ ~ ... .' .. ~r " . , -- ~ . - ~:-; ,," " .. .. : ,_. .. , ' j ~ ~ '.' . . " : ~~ .. , : ~~. .. ) .: ~ y~, .' ., -. "' :~. '. :. . ~@~RW~1ID FES 7 1972 U.S. DEPARTMENT OF LABOR OrYleR OP THB SECkBTAltY' ~ ASHINGTON JAIl 2 7 19TZ U. S. DEPARTMENT OF LABOR Office of Federal Contract Compliance' SAN FRANCISCO. CAUF. . ORDER ~ // /' FROM: .. . ',.;" I I r/ . . HEADSOFALLAG~ENCIES ffi /.."7-".~JI , ;J.(J ,_, ~.., ~~ ~/)~ James D. Hodgson A!.3- - - /- . . ' . ~retary of Labor ~~4--U ,,-rd-A ~t1f~vd ?:-unewald Ass~stant Secretary for Employment Standa TO: John L. Wilks Director, Offic Contra ompliance SUBJECT: Bid Conditions Setting Forth Affirmative Action Requirements for All Non-Exempt Federal and Federally-As s isted Construction Contracts to be Awarded in Santa Clara County, California Effective immediately, the attached Bid Conditions setting forth affirmative action and equal employment opportunity requirements arE?to be included in all bid documents for use in connection with non-exempt Federal and Federally-as s isted construction contracts in Santa Clara County, California. Full com,pliance with these Bid Conditions will satisfy the requirements of Executive Order 11246. All bidders must comply with the provisions of the Santa Clara Plan incorporated in Part I of the Bid Conditions or the affirmative action program set forth in Part II of the Bid Conditions, to be considered respons ive bidders and hence eligible for the award of non-exempt Federal and Federally-assisted construction contracts in Santa Cl3:ra County, California covered by the attached Bid Conditions. This latter affirmative action program specifies and requires, among other things, that 'bidders adopt and submit as their own, specific goals of minority manpower utilization for . ... -2- .. ~ . employment and training which fall at least within the ranges set forth in the Bid Conditions for the applicable calendar year. Those ranges specified in Part II have been developed upon the findings made and the negotiated goa.ls established by the parties to the Santa Clara Plan. i Inquiries concerning the operation and effect of the attached Bid Conditions should be transmitted to Mr. John L. Wilks, Director, Office of Federal Contract Compliance. This Order is issued pursuant to Executive Order 11246, 3 C. F. R. 402 and 41 C. F. R. 60. Attachment ~, ~ ~ .. . . BID CONDITIONS AFFIRMATIVE ACTION R!QUlREMENTS . / EQUAL EMPLOYMENT OPPORTUNITY For all non-exempt Federal and Federally-Assisted Construction Contracts to be Awarded in Santa Clara County, California Part I: The provisions of thie Part I apply to bidders, contractors and subcontractors with respect to those construction trades for which they are parties to collective bargaining agreements with a labor organi- zation or organizations and who together with such labor organizations have agreed to the Santa Clara Affirmative Action Plan, for equal employment opportunity (but only as to those trades as to which ", there are commitments by labor organizations to specific goals of minority manpower utilization) together with all implementing . agreements that have been or may hereafter be developed pursuant thereto, all of which documents are incorporated herein by reference and are hereinafter cumulatively referred to as the Santa Clara Plan. -2- .. ~ . Any bidder, contractor or subcontractor using one or more tra<;les of constr\Jction employees must comply with either Part I I or Part II of these Bid Conditions as to each such trade. Thus, a bidder, contractor or subcontractor may be in compliance with these conditions by its inclusion, with its union, in the Santa Clara Plan as to trade "A", provided there is set forth in the Santa Clara Plan a specific commitment by that union to a goal of minority manpower utilization for such trade "A", thereby meeting the provis ions of this Part I, and by its commitment to Part II in regard to trade "B" in the instance in which it is not included in the Santa Clara' Plan and, therefore, cannot meet the provisions of this Part 1. . To be eligible for award of a contract under Part I of this Invitation~,for Bids, a bidder must execute and submit as part of its bid the following certification, which will be deemed a part of the resulting contract: /AI' ~ tYur--/7 - ,1 Ilje ~ "I (J /Ax'.Qr;7V G. /fiLlCJ/tJ.~ certifies that: (Name of Bidder) (a) it intends to us e the following listed construction trades in th'e work under the contract, either itself or through subcontractors at any tier .. - . . -3- " (b) the labor organizations with whom it has collective bargaining agreements who are signatories to the Santa Clara Plan and as to ,'which trades there are set forth in the Santa Clara Plan, spe~ific co;nmitments to goals of minority manpower utilization are as follows: U'~&2 e::lj _ . (p 3 --& ft~rt'- h:.<1 ~ C"VJ/I'lL'/",//t';(j U /fJt[F;t{ ~ 2-7tJ (c) the labor organizations with whom it has collective bargaining agreements who are not signatories to the Santa Clara Plan or who are signatories thereto but with respect to trades for which no specific- commitments to goals of minority manpower utilization are set forth in the Santa Clara Plan are as follows: ; (d) the following is a full list of all present constr'uction work or contracts (both Federal and non- Federal) to which it is a party in any capacity in Santa Clara County, California: em154rz,.U OPI?O tIlIIrt7tZ-tflr"-C7/'tJlJJ nt..o .Jc.~ PC>- '" (e) it will comply, and require its subcontractors to comply. with all of the terms of the Santa Clara Plan ", on all Santa Clara County work in any trade for which it or its subcontractors are committed to the Santa Clara Plan and will be bound by the provis ions of Part II of thes e Bid Conditions on all Santa Clara work for all other trades; and (f) in the event the bidder is no longer participating in an affirmative action plan acceptable to the Director of the Office of Federal Contract Compliance, including the Santa Clara Plan, ~he bidder will comply with Part II of these Bid ditions. .4- - . The bidder shall cause the following certification to be included in any bid in~itations to prospective subcontractors, regardless of whether they are signatories to the Santa Clara Plan and regardless of tier; and shall cause the following certification, as executed, to be made a part of all subcontracts, regardles s of tier; 'II certifies that ~, (Name of Subcontractor) it understands the. equal employment opportunity requirements of the Santa Clara Plan regarding equal employment opportunity in the Santa Clara County, California area construction industry; that it either individually or through an asso- ciation and the labor organizations with whom it has collective bargaining agreements are signatories and agree to comply with the Santa Clara Plan or that it agrees to comply with the requirements of Part II of the Bid Conditions of the project; that in the event the subcontractor is no longer partici- pating in an affirmative action plan acceptable to the Director of the Office of Federal Contract Compliance, including the Santa Clara Plan, the subcontractor will comply with Part II of the Bid Conditions; that it shall require the execution of this certification by any of its subcontractors, regardless of tier; and that this certification shall be a part of any subcontract. (~ignature of authorized representative of subcontractor. )" In order to ensure that the said subcontractor certification becomes a part of all subcontracts under the p~ime contract of a prime contractor with respect to whom tHis Part I is applicable, no :.., -5- · subcontract shall be executed until an authorized representative of the (agency) has .determined, in writing, I that the said certification has been incorporated in such subcontract, regardless of tier. Any subcontract executed without such written approval shall be void. Part II: A. Coverage. The provision of this Part II shall be applicable to thos e bidder s, contractors and subcontractor s, who, in regard to those construction trades: 1. Are not or hereafter cease to be signatories to the Santa Clara Plan referred to in Part I hereof; 2. Are signatories to the Santa Clara Plan but are not parties ~o collective bargaining agreements; ", 3. Are signatories to the Santa Clara Plan but are parties to collective bargaining agreements with labor organizations who are not or hereafter cease to be signatories to the Santa Clara Plan; 4. Are s.ignatories to the Santa Clara Plan but as to which no specific cOI'!lmitment to goals of minority manpower utilization by la.bor organization have been executed pursuant to the Santa Clara Plan; or . -6-, .. . 5. Are no longer participating in an affirmative action plan acceptable to the Director. OFCC, including the Santa Clara Plan. I B. Requirement -- An Affirmative Action Plan. The bidders, contractors, and subcontractors described in paragraphs 1 through 5 above will not be eligible for award of a contract under this Invitation for Bids, unles s such bidder has submitted as part of its bid, and has had approved by the (agency) a written affirmative actio'Ii plan, embodying both (I) goals and timetables of . 't t'l' t" I I mmon y manpower u 1 lza lon, - and (2) specific affirmative action steps directed at increas ing minority manpower utilization by means of al?plying good faith efforts to carrying out such ~teps or is deemed "" to have submitted such a program pursuant to Section 3 of this Part II. Both the goals and timetables. and the affirmative action steps must meet the requirements of this Part II as set forth below for all trades which are to be utilized on the project, whether subcontracted or not. ~I "Minority~' is defined as including Negroes, Spanish Surnamed Alnericans, Orientals and American Indians. r -7- . 1. GoC).ls and Timetables. This plan must set forth goals / of minority manpower utilization for the bidder and all contractors and subcontractors for those trades not otherwise bound by the provisions of Part I he~eof in terms of manhours. within at least the following ranges. for the following time periods, for each trade which will be used on the project upon which the bidder is bidding, within Santa Clara County. The ranges for all trades to be utilized on the project shall be as follows:. U nt il 10/31/7 1 6.3% 9.9% From 10/31/71 until 10/31/72 9.9% 12.6% From 11/1/72 until 10/31/73 12.6% 15.3% From 11/1/73 until 10/31/74 15.3% 18.0% From 11/1/74 until 10/31/75 18. 0% 21.7% "In the event that under a contract which is subject to thes e Bid Conditions any work is performed in a year later than the latest year for which acceptable ranges of minority manpower utilization have been determined herein, the ranges for 1975 shall be applicable to such work. . . - 8- .. .. . The percentages of minority manpower utilization above are expressed in-terms of manhours of training and employment as a proportion of the total manhours to be worked by the bidder's, " contractor's and subcontractor 1 s -entire work force in that trade on all projects (both Federal and non- Federal) in Santa Clara County, California, during the performance of its contract or subcontract. The manhours for minority work and training must be substantially uniform throughout the length of the contract on all projects and for each of the trades. Further, the transfer of minority employees or trainees from employer-to-employer or from project-to-project for the sole purpos e of meeting the contractor's or subcontractor I s goal shall be a violation of thes e conditipns. In reaching the goals of minority manpower utilization required of bidders, contractors and subcontractors pursuant to this Part II, every effort shall be made to find and employ qualified journeymen. However, where minority journeymen are not available, minority trainees in pre-apprenticeship, apprenticeship, journeyman training or other training programs may be used. - 9- .. . In order that the nonworking training hours of trainees may be ~ counted in meeting the goal, such trainees must be employed by the ; contractor during the training period. the contractor must have made a commitment to employ the trainees at the completion of their training and the trainees must be trained pursuant to established training programs which must be the equivalent of the Training Programs provided for in Article V of the Santa Clara Plan with respect to the nature, extent and duration of training offered. A contractor or subcontractor shall be deemed to be in compliance with the terms of requirements of this Part II by the employment and training of minorities in the appropriate percentage of his aggregate work force in Santa Clara County, .., California, for each trade for which it is committed to a goal .under this Part II. However, no contractor or subcontractor shall be found to be in noncompliance solely on account of its failure to meet its goals \\'ithin its timetables, but such contractor shall be given the opportunity to demonstrate that it has instituted all of the. specific affirmative action steps specified in this Part II and has made ever.y .. -10- ~ . good faith effort to make these steps work toward the attainment . of its goal within its timetables, all to the purpose of expanding minority manpower utilization on all its. projects in Santa Clara i County, California. In all cas es. the compliance of a bidder, contractor or subcontractor will be determined in accordance with its respective obligations under the terms of these Bid Conditions. Therefore. contractors or subcontractors who are governed by the provisions of this Part II shall be subject to the requirements of that part regardless of the obligations of its prime contractor or lower tier subcontractors. All bidders and all contractors and subcontractors performing or to perform work on projects subject to these Bid Conditions hereby agree to inform their subcontractors of their respective obligations under the terms and requirements of these Bid Conditions, including the provis ions re lating to goals of minority employment and training. Z. Specific Affirmative Action Steps. The plans for the bidders, contractors and subcontractors must set forth specific affirmative action steps directed at increasing minority manpower .. . -H~ '.ltilizatir.-T1. wh'ich steps must be at least as extensive and as specific as the following: a. The contraCtor shall notify community organizations that the contractor has employment opportunities available and shall maintain records of the 'organizations I response. b. The contractor shall' maintain a file of the names and addresses of each minority wOl:ker referred to him and what action was taken with respect to each such referred worker, and if the worker was not employed, the reasons therefor. If such worker was not sent to the union hiring hall for referral or if such worker was not employed by the contractor, the contractor I s file should document this and the"reasons therefor. c. The contractor shall promptly notify the (agency) when the union or unions with whom tpe contractor has a collective bargaining agreement has not referred to the contractor a minority worker sent by the contractor or the contractor has other information that the union referral process has impeded him in his efforts to meet his goal. i . . -ll- - . d. The contractor shall participate in training Frograms in the area, especially those funded by the Department of Labor. e. The contractor shall disseminate his EEO policy within / his own organization by including it in any policy manual; by publicizing it in company newspapers, annual report. etc.; by conducting staff, employee and union representatives I meetings La explain and discuss the policy; by posting of the policy; ar..d by specific review of the policy with minority employees. f. The contractor shall disseminate his EEO policy externally by informing and dis cus sing it with all recruitnlent sources; by advertising in news media, specifically including minority news media; and by notifyin~ and discussing it with all subcontractors and suppliers. #, . g. The contractor shall make specific and constant personal (both written and oral) recruitment efforts directed at c all minority organizations, schools with minority students, minority recruitment organizations and minority training organizations I within the contractor I s recruitment area. ,. '. . -13- .' , h. The contractor shall make specific eHorts to encourage present minority employees to recruit their friends and relatives. i. The contractor shall validate all man specifications, i seleclion requirements. tests. etc. j. The cO:1tractor ~l1:lli make every effort to provide after scheul sun1rner and ",aeat lOll ernployment to rninority youths. k. The contractor shall develop on-the- job training opportunities and participate and assist in any association or employer- group training programs relevant to the contractor I s employee needs consistent with its obligations under this Part II. 1. The contractor shall continually inventory and evaluate all minority personnel for p!.'omotion opportunities and encourage minority employees to seek such opportunities. .., m. The contractor shall make sure that seniority practices. job classifications, etc., do not have a discriminatory effect. n. The contractor shall make certain that all facilities and cornpany activities arc non-segregated, o. The contractor shall continually monitor all personnel activities to ensure that his EEO policy is being carried out. . -14- .. . p. The contractor sheill solicit bids for subcontracts from available minority subcontr&ctors engaged in t~e trade:; covered by these Bid Cohdition.;, induding circ\.1l~tion of minnrity cor:tractor associations. .. 3. Contractors and Subcor.~ractors Dcelned to be ~o\.lnd by Part II. In the event a contractor or subcontra ctor, who is at the time of bidding eligible under Part I of these Bid Conditions, is no longer participating in an affirmative action plan acceptable to the Director of the Office of. Federal Contract Compliance,. including the Santa Clara Plan, he shall bedeelned to be committed to Part II of these Bid Conditions. Further, whenever a contractor or subcontractor, who at the time of bidding is eligible under Part 11 of thes e Bid Conditions, uses t:rades not contemplated at the time he submits his bid, he shall be committed to Part II for thos e trades. \Vnenever a contractor or subcontractor is seemed to be committed to Part II of these Bid Conditions I he shall be cons idcred to be committed to a manpower utilization goal ot the minimum percentage range for that trade for the appropriate year.- 4. Subs equent Signatory to the Santa CIa ra Plan. Any contractor or subcontractor subject to the requirements of this Part II for any trade at the time of the submission of its bid who together with the I -15- ., . labor organization with \vhorn it has a collective bargaining agreement subsequently becomes a signatory to the Santa Clara Plan either individual.1y or through an association, may meet its requirements / under these Bid Conditions ibr such trade, if such contractor or subcontractor executes and submits the appropriate certification required by Part I of these Bid Conditions. No contractor or sub- contractor shall be deemed to be subject to the requirements of Part I until such certification is executed and submitted. 5. Non-discrimination. In no event may a contractor or sub- contractor utilize the goals, tiInetables or affirmative action steps required by this Part II in such a manner as to cause or result in discrimination against any person on account of race, color. religion, sex or national origin. 6. -.., Contractors and Subcontractors Bound. The affirmative action plan required by Part II shall be deemed a part of the resulting contract . specifications. A successful bidder as to whom Part II is applicable shall cause the affirmative action plan, as established and approved, to be a part of all subcontracts. where neces sary, regardles 5 of tier. under his contract. No subcontract shall be executed until an authorized . -16- .. . representative of the (agency) has determined, in writing, that such subcontractor has executed the certification required by Part I he.reof, or that the affirmative action plan required by Part II, as applicable, has been incorporated into such subcontract, regardless of tier. Any subcontract executed without such written approval shall be void. Part III: Materiality and Responsiveness. Any equal employment opportunity submission required to be made by the prospective . . contractor pursuant either to Part I or Part II of these Bid Conditions which is material and which will govern the contractor 1 5 performance on the project shall be made a part of his bid. Failure to submit a Part I certification or a Part II affirmative action plan, as applicable, will render the bid nonresponsive. ", Part IV: Compliance and Enforcement. Contractors and subcontractors I are responsible for informing their subcontractor s (regardless of tier) as to their respective obligations under these Bid Conditions (as applicable). Bidders, contractors and subcontractors hereby agree to refrain from entering into any contract or contract modification subject to Executive Order 11246 of Septe~ber 24, 1965, with a contractor debarred from, or who is determined not to be a.I'responsible" bidder for, . . -17- .' . Government" contracts and fed~rally-assisted construction contract.s purs uant to the Executive Order. The bidder, contractor or sub- .contractor sh'all carry out such sanctions and penalties for violation of the equal, opportunity clause including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered by the administering agency, the contracting agency or the Office of Federal Contract Compliance pursuant to the Executive Order. Any bidder, contractor or subcontractor who shall fail to carry out such sanctions and penalties shall be deemed to be in noncompliance with these Bid Conditions and Executive Order 11246. Nothing herein is intended to relieve any contractor or subcontractor during the term of its contract on this project from compliance with Executive Order 1 i246 and the Equal Employment OpporWnity CB.use of its contract, with respect to matters not covered in the Santa Clara Plan or in Part II of these Bid Conditions. Violation of any substantial requirement in the Santa Clara Plan'bya contractor or subcontractor covered by Part I of these Bid Conditions~ including the failure of such contractor or subcontractor to make a good faith effort to meet its fair share of the trade goals of minority manpower utilization, or of the terms of the Affirmative . Action Plan by a contractor or subcontractor who is covered by i . -18- ~ . Part II hereof shall be deemed to be in noncompliance by such contractor or subcontractor with the Equal Opportunity Clause of the contra'ct, and shall be grounds for imposition of the sanctions i . and penalties provided at Section 209 (a) of Executive Order 11246. Each agency shall review its contractors I and subcontractors I employment practices during the performance of the contract. If the agency determines that the Santa Clara Plan no longer represents " effective affirmative action, it shall notify the Office of Federal Contract Compliance which sh'al! be solely responsible for any final determination of that question and the cons equences thereof. Inregardlo Part II of these conditions if the contractor or subcontractor meets its goals or if the contractor or subcontractor can demonstrate that it has made every good faith effort to meet J, . those goals, the contractor shall be pres umed to be in compliance with Executive Order 11246, the iMplementing regulations and its obligations under these Bid Conditions and no formal sanctions or proceedings leading toward sanctions shall be instituted unless the agency otherwise determines that the contractor or subcontractor is not providing equal employment opportunities. In judg ing whether a contractor or subcontractor has met its goals, the agency will consider each contractor's. or subcontractor's minority manpower .. -19- .. . utilizat ion and will not take into cons ideration the minority manpower utilization of it 5 subcontractor s. Where the agency finds that the contractor' or subcontractor has failed. to comply with the requirements i of Executive Order 11246, the implementing regulations and its obli~at ions under these Bid Conditions, the agency shall take such action and impose such sanctions as may be appropriate under the Exeeut ive Order and the rcgul..l.tions. When the agency proceeds with such fornlal action it has the burden of proving that the contractor has not met the requirements of these Bid Conditions, but the contractor's fallure to meet his goals shall shift to him the requirement to COlne for\vard with evidence to show that he has met the "good faith" requirements of these Bid Conditions by instituting at least the Specific Affirmative Action Steps listed above and by making every ~, good faith effort to make those steps work toward the attainment of its goals within its timetables. Suth noncompliance by the contractor or subcontra.:lor shall be taken into cons ideration by federal agencies in detern1ining whether such contractor or subcontractor can comply with the requirements of Executive Order 11246 and is, therefore, a "responsible prospective contractor" within the meaning of the Federal Procurement Regulations. -20- ." . It shall be no excuse that the unioI1 with which the contractor has a collective ba rgainill6 .. g reement pro '.'lding for exc Ius ive referral failed to refer minority empl,oyees. The procedures set forth in these .conditions shall not apply to any contract when the head of the contracting or administering agency determines that such contract is essential to the national security and that its award wi.thout following such procedures is necessary to the national security. Upon making such a determination, the agency head will notify, in writing, the Director of the Office of Federal Contract Compliance within thirty days. Requests for exemptions from these Bid Conditions must be made in writing, with justification,' to the Director, Office of Federal Contr.act Compliance, U. S. Department of Labor, Washington, D. C. . 20210. and shall be forwarded through and with the endorsement of the agency head. " Contractors an Ibcontractors must keep such records and file such reports relating to the provis ions of these conditions as shall be required by the contracting or administering agency or the Office of Federal Contract Compliance. For information of bidders, a copy of the Santa Clara Plan may be obtaine? from the contrac~ing officer. U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUo-ll238-C (8-66) BID FOR LUMP SUM CONTRACTS cS4 A/Tv!' . Place t:: '- 4./2,,4 ...' · Date 7-./2 -7.3 Proposal of~L1~L)tfAl C4~/r. Proj ect No. Calif. OSD 475 L:4.Jjf/l ~ ~-'t1;./. luC-, -tJ /. / t:/ A J (hereinafter call ed "Bidder") (a (Stah) corporation/ 8. llaTtnt:Tl'5hil',' aR iudT. idt:l.a! (STRIKE OUT INAPPLICABLE TERMS) dei R g B1:1b~ue~., i:n5"" . ) To th e City of Gilrov. California (hereinafter called "Owner") Gentlemen: The Bidder, in compliance with your invitation for bids for the construction Northside Park Tennis Court Complex of (. baving examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding tbe construction of the proposed project including the availability of ~aterials 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 all expenses incurred in performing the work reqUired under the Contract Documents, of which this proposal is a part. Bidder hereby agrees to commence. work under this contract on or before a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within 90 consecutive calendar days thereafter as stipu- lated in the specifications. Bidder further agrees to pay as liquidated damages. the sum of $ 50.00 for each consecutive calendar day thereafter as herein~ kfter provided in Paragraph 19 of the General Conditions. Bidder acknowledges receipt of the following addendum: ----__..L-..__~..:. BID PROPOSA L Bidder agTees to perform all of the \\0 rk described in the Specifications and shown on the plans for the following amounts: BASE BID For the complete installation, in place, of the Tennis Court Complex, asphalt walk and electrical conduits under the paving for future lighting. 7;:;/1'7 rf /VJeJ ) /d{Jr./f"P N.fl~o-(, ':'-!/!..J ($ 3~ ClIO.. D1J) Additive Alternate 1 For the complete installation, in place, of the handball courts which in- cludes the concretp. and A. C. paving. h 0 ("l Tf;.~'/J 7NeJ05~ .00 TJJIlFG /JcJA/LJI1.EO ($/~. 3tJt.1~ (;H). ) ~ c7~ L. t!-1..( .- Additive Alternate 2 For the complete installation, in place, of the Tennis Practice Court paving and stripping. /))1'.66 T)ioo/A/lJO Additive Alternate 3 p; () (? JJlJM().>7 rrO Oa-!J G(J~ ($ 3-. 'I;) {), u-P) .I For the complete installation, in place, of the entire electrical work for the Tennis CoUrt lighting. Does not include the conduit wrk included in the Base Bid. c~cJE4.J -,;d 0 OJ A.vO GI t~Nfl. jj;/OJ,/)'7 (70 dGU1.i$/ ~ Ii 0 o..(JlJ) A qualified bid must include all information requested in the Bid Pro- posal, including Base Bid, Alternate Bids, and List of Proposed Subcon- tractors. Bidder understand that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Owner reserves the right to award the Contract on the lowest base bid or on the lowest combined bids (includes the base bid and anyone or more of the Additive Alternates) which would be in the best interest of the Owner to ac c ept. BID PROPOSA~ (Continued) The Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, Bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by Paragraph 29 of the General Conditions. The Bid Security attached in the sum of / 0 ~b CJ j::',(j'r7J !./t,J./J! . ~/ t:/ ' ($ ) 0 ~a ) 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 damage~ for the delay and additional expense to the Owner caused thereby. ReSp~ully Submitted: By /J~>>?j~ (Seal - if bid is by a Corporation) ~ E (' '" /l7./lX 01/# tbv f 1(1 J &TJIJIJ ) ilL ~ is/f;" tU~GJ)J .JcJt7. J.a jvJ.J C~ 1./2..A J ~~{,'-F 7 c/"oJ"O ~ .">. ._; -~ ". , I i" ."'\ "-' . ~ " LIST OF PROPOSED SUI3CO~TRACTORS I?u I' sua n t to See t ion s 4 1 0 0 to 4 1 08. in cl us i \" e . 0 f the Go v ern 111 e n t Cod e , State of California, listcd arc various portions of work and the namcs and busincss locations of subcontractors proposcd to perfonn thc work or render service in or about. thc work in excess of one~half of one pcr<;:ent of the bid. Work for which a subcontractor is not listed is prcsuJued to be performed by tl}c Bidder. There shall be no substitution of subcontractors nor shall the Bidder assign sublet or transfer any subcontract work without cons ent of the Owner. Portion of Work NaJne of Subcontractor \ \ Address of Subcontractor ;::;;'/I/{; I J'/t- ' Jv/tP.4(~JIJt:- ' r:L I O/~' !it- et;r(2) t ~ L _ Fii J...)( tF ..4 L v/ fe, .~ ~ U) .f-o cr;A) J Of1S - /Y}1J1.- C-P ) ~ 4/'W.f"p A.)- 6aO))tJ r . 1.), ti" ~ .~~JO &~t.dO.A.J '-}-- t7W Jj b Cc-z;7l7 /C~ c:M--u . Jc0 J tJJt;: - ~l; C>- '. .. , U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUl>-," 238- E (2-r,6 ) (Formerly CfA-2:3&-E) BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, t--\ A ~ D o~ c...:a 1..'1 t' , ~ "" ION. \ \oJ e- JHE AETNA CASUALTY AND SURETY CmjPAHY as Principal, and as Surety, are hereby held and firmly bound unto C\T't' O~ G\~..o-{ as owner in the penal sum of 1=,'u... P"VI. c:."i"t ~ ( '$ "'I. \ 4" .. "" 0 \,J ..." . CSIO for the payment of which, well and truly to be made, we hereby jointly and sever- ally bind ourselves, our heirs, executors, administrators, successors and assigns. ,./\ \1. - day 0 f J u\.<( , 19~1J. Signed, this The condition of the above obligation is such that whereas the Principal has submitted to C. ,,."C' 0-= Gr;\.AO~ a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writi~g. '" Ow\." M I ~O'" "V""..c. T~....... j <:.0 ~ Co 1 (0""""". " for the NOW, THEREFOR, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the PrincipII shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful per- formance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same ~all remain in force and ef- fect: it being expressly understood and agreed that the liability of the Surety for any and all claims herennder shall, in no event, exceed the penal amount of this ob- ligation as herein stated. " .... ,., The Surety, for value received, herebY stipulates and agrees that the obligations ~f said ~uretyand its bond shall be in no way impaired or affected by any extension vf the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF. the Principal and the Surety have hereunto set ~heir hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. ...A ^.."" d \ \V\ ...~Oo~ ........ ../1'....-a4"".. _ .. c '\3~ ~ (L.S.) .1 ::> Ute &p.l r-AoJ , ruE AHNA CASIlAlTY Mm ~lmm r.m~PH)Y S.,.eC1 SEAL By: Attorney- in - Fz:t .. C" <<-. GP 0 927-882 . .: \ l STATE OF CALIFORNIA CITY AN'D County of SAN' FRf:U.~CISCO :e~, """~ _~<"?:?2'22'~~ v ,.<-~.-;;~~, ~:_>, CFFiCjf\L SEf-'\L , """., ......,' '.. ',." '("O"~I ~l~:~;::;(':':'; NOT;,)."" :,',(';:1\', I;"RNIA ~~t~~f 'j ~:i~ i ~!,~ ~u-' u '~j:;_ ;~~IE ulN ~~ S/\:'j F;..;\;~ld':":;J CuUNTv My Commission E'.p;rc:s I\pr:! 30. 1977 ~~' --".;:>--:-- -, (S-1292-D) 5-71 }" ~~\.'" S~ lot,.,,,, . .,"'''''.. "\'" "!! On this. day of one thousand nine hundred and in the year before me, JUNE L. ':" ".'O~;J , a Notary Public in and for the County of ~ A N 'H'R ^ I\T('TC::f'() , State of Ca I iforn ia, residing therein. duly commissioned and sworn, personally appeared a r= r..:.f'o;":':~~n'10N known to me to be the AUurnc;j,in1'uct of THE IETNA CASUALTY AND SURETY COMPANY, the corporation that executed the within instrument, and also known tometo be the person_who executed it on behalf of said corporation therein named, and_he_acknowledgedtome that such corporation ex- ecuted the same. IN WITNESS WHEREOF. I have office in the CI the day and year in this cer j my Notary Publ ic in and f r tl)e' County of State of Cal ifornia. c.-// PRINTED IN U.S.A. - THE A:TNA CASUALTY AND SURETY COMPANY Hartford. Connecticut 06115 LIFE & CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS. THAT THE IETNA CASUALTY AND SURETY COMPANY. a corporation duly organized under the laws of the State of Connecticut. and having its principal office in the City of Hartford. County of Hartford, State of Connecticut. hath made. constituted and appointed. and does by these presents make, constitute and appoint Joseph A. Wynne, R. E. Gregorson or Donna Ellis - - of San Francisco, California , its true and lawful Attorneys-In-Fact, with full power and authority hereby confened to sign, execute and acknowledge. at any place within the United States, or, if the following line be filled in, within the area there deSignated , the following instrument(s): by hiS sole signature and act, any and all bonds, recognizances. contracts of indemnity. and other writings obligatory In the nature c' a bond, recognl zance, or conditIOnal undertaking, and any and all consents incident thereto and to bind THE IETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of THE IETNA CASUALTY AND SURETY COMPANY, and all the acts of said Attorneys-in-Fact, pursuant to the authority herein given. are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED: That each of the following officers: Chairman, President, Any Executive Vice President. Any Senior Vice President, Any Vice PreSident, Any Assi stant Vi ce PreSident, Any Secretary. may from time to time appoint Resident Vi ce Presidents, Resident Assl stant Secretaries, Attorneys- in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authOrity may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory In the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority gi ven him. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional under- taking shall be valid and binding upon the Company when (a) signed by the Chairman. the President or a Vice President or by a ReSident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assi stant Secretary or by a Resident Assi stant Secretary, pursuant to the power prescrl bed in the certl fl cate of authority of such Resident Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact pursuant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing ReSJlutlon voted by the Board of Directors of THE IETNA CASUALTY AND SURETY COMPANY which Resolution IS now in full force and effect: VOTED: That the signature of each of the following officers: Chairman, President. Any Executive Vice President, Any Senior Vice PreSident. Any Vice President, Any Assistant Vice President, Any Secretary, and the seal of the CoIllJany may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident ASSistant Secretaries or Attorneys-in-Fact for purposes only of executi ng and attesting bonds and undertak ings and other wri ti ngs obi I gatory in the nature thereof, and any such power of attorney or cer- ti ficate bearing such facsimi Ie signature or facsimi I e seal shall be val id and binding upon the Company and any such power so executed and cer- tified by such facsimi Ie signature and facsimile seal shall be val id and binding upon the Company in the future with respect to any bond or undertaking to which it IS attached. IN WITNESS WHEREOF. THE IETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Vice President ' and its corporate seal to be hereto affixed thiS 9th day of June Assistant , 19 72 AND SURETY COMPANY - State of Connecticut ~ County of H artford ~ ss. Hartford On this 9th day of June ,19 72, before me personally came D. N. GAGE to me known, who, being by me duly sworn, did depose and say: that he is Assistant Vice President of THE IETNA CASUALTY AND SURETY COMPANY, the corporation described in ann which executed the above Instrument; that he knows the seal of said corporation; that the seal affixed to the sain instrument is such corporate seal; and that he executed the said instrument on behalf of the corporation by authority of hiS office under the Standing Resolutions thereof. ..............~ l'$:>}....~!.~~\~ ..,,/ .OT"Rj-\oi .j +*+ !~j <,"~1J8L.\C/.j ~ J>............:.~ "/ I )::'2Hi;;~ Notary Publ, c CERTIFICATE I.the undersigned. Secretary of THE IETNA CASUALTY AND SURETY COMPANY, a stock corporation of the State of Connecticut. DO HEREBY CERTIFY that the foregOing and attached Power of Attorney and Certificate of Authority remallls in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors. as set forth In the Certificate of AuthOrity, are now in force. Signed and Sealed at the Home Office of the Company. In the City of Hartford, State of Connecticut. Dated this J(.)\.~ .19'~' '1 ,,_u day of By U.S.A IS,1922,Ci 1M} 6.71 HUD-4238-F (6.66) CONTRACT THIS AGREEl\JENT, made this day of ,19-,byand between , herein callcd "Owner," acting (Corporate Name of Owner) herein through its , and (Title of Authorized Official) STRIKE OUT INAPPLICABLE TERMS (a corporation) (a partnership) (an individual doing business as ) of , County of , and State of hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and a"o-rcements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: hereinaftcr called the project, for the sum of Dollars (8 ) and all extra work in connection therewith, under the terms as stated in the General and Special Con- ditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials. supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to com- plete the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, Sup- plemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, bluc prints, and othcr drawings and printed or written explanatory matter thereof, the specifications and contract documents therefor as prepared by , herein entitled the Architect/Engineer, and as enulTlerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and col- lectively evidence and constitute the contract. The Contractor hereby agrees to commcnce work under this contract on or before a date to be specificd in a written "Notice to Proceed" of the Owner and to fully complete the project within _ consecutive calendar days thereafter. The Contractor further agrecs to pay, as liquidated damages, the sum of $ for each consecu- tive, calcndar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. The OWNER agrees to pay thc CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Conditions of thc Contract, and to make payments on account thereof as pro\ided in Paragraph 25, "Payments to Contractor," of the General Conditions. . '" . , IN WITNESS WHEREOF, the partil's to these presents have executed this contract ill six (6) counterparts, each of which shall he deemed an oribrillal, ill the year and day first aLove mentioned. (Seal) ATTEST: (Owner) By (Secretary) (Witness) (Title) (Seal) (Contractor) By (Secretary) (Witness) (lYtle) (Address and Zip Code) NOTE: Secretary of thOe Owner should attest. If Contractor is a corporation, Secretary should attest. HUD-4238-f (6-66) GP 0 869.380 .: C' · \ PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (Name of Contractor) a (Corporation. Parterahip, or Individual) hereinafter called II Principa I" and (Surd,) of , State of hereinafter . ~. '.' ~ : ;. caUed the "Surety", are held and firmly bound into. (Owner) of , hereinafter (City and StlOte) Ir_i-'.6 called "Owner", in the penal sum of .. \ "0'" : ,~. ~.,. ~ Dollars ($' to be made, we firmly by these ) in lawful money of the United states, for the payment of which sum well and truly bind ourselves, our heirs, execu tors, administrators andsllccessors, jointiy and severally, presents. ' '. ....... . - ~ >:-;' ;..'; : THE CONDITION OF THIS OBLIGATION is such t hat Whereas, the Principal entered into a certain contract with the Owner, dated the day of . 19_, a copy of which is hereto attached and made a part hereof for the construction of: .~. . ".' -.. - -... ;-.: :"~.' ". ~ .~ ..- ., ..... ':. ~ ...:: II': _ ,", ij: :.. ..~; . :.:i: ..... -: NOW, THEREFORE, if the Principal shall well, truly and faithfullJ perform its duties, all the under- takings, covenants, terms, conditions, and agreements of said contract du:ring the originat: term. thereof, and any extensions thereof which may be granted by the Owner, with or withoot notice to the Surety, and if he shall satisfy all claims and demands incurred under such' contract, and silall fully indemnify and save harm- less the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall re- imburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and eHect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the cont~ct or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. '., i~HUD.4238.H (11-67) Previous editions are obsolete " "'l; ...... .. ) '~ ~ ... , . PROVIDED, F'URTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficia'ry hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of . 19_., ATTEST: Principal (Principal) Secretary ( SEAL) By (8) (Addre.....Zip Code) Witn.... as to Prine/pal (Addres..-Zip Code) Surety ATTEST: By A ttorney-in-F .ct (Surely) Secrelary (SEAL) lI'itn.... a. to Surety (Addre.....Zip Code) (Addre...-Zip Code) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond "po 135-534 HUD-4238-H (ll-.m L t<l , PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (Name of Contractor) a (Corporation, Partnership, or Individual) hereinafter called "Principal" and (Surety) of , State of hereinafter called the "Surety", are held and firmly bound unto (Owner) of (Ci ty and State) hereinafter called "Owner", in the penal sum of Dollars ($ payment of which sum well executors, administrators presents. ) in lawful money of the United States, for the and truly to be made, we bind oursel ves, our heirs, and successors, jointly and severally, firmly by these THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal en- tered into a certain contract with the Owner, dated the day of 19____, ,a copy of which is hereto attached and made a part hereof for the con- struction of: NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any au- thorized extension or modification thereof, including all amounts due for ma- terials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equip- ment and tools, consumed or used in connection with the construction of such wotk, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. C" PROVIDED, FURTHER, that the said surety, for value received hereby stip- ulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the speci- fications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. . HUD.4238.1 (11,67) Previous Editions are Obsolete \ PROVIDED, FURTHER, that no final settlement between the Owner and the Con- tractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of 19_. ATTEST: Principal (Principal) Secretary B~ (S) (SEAL) . (Addresa-Zip Code) ritne.' as to Principal (Address-Zip Code) Surflty ATTEST: (Surflty) (SEAL) Secre tary- By Attornfl)'-in-Fact Witne.s ~s to S~rety (Address-Zip Code) (Addess-Zip Code) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership. all partners should execute bond HUD-4238-1 (11-67) u. S. _ElINIoIENT PRINTING OFFICE: 1868 0 . 328.490 " PROJECT SIGN The Contract~r shall fabricate and erect a project sign substantially in accordance with the drawing below. The sign shall be made from 3/4 inch plywood, placed in a prominent location with the approval of the City and landscape Architect, and ~laintained in good condition until completion of the project. CITY OF GILROY CALIFORNIA NORTHSIDE PARK TENNIS COURT COMPLEX AIDFD BY $46,000 FEDERAL GRANT OPEN SPACE LAND PROGRAM PROJECT NO. CALIF. OSD 475 6'-0" u.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ROYSTON, HAN~~TO, BECK & ABEY Landscape Architects SO Green Street San Francisco NAME OF CONTRACTOR Address Robert C. Stern- Electrical Engineer 8'-0" U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WATER AND SEWER FACILITIES GRANT PROGRAM GENERAL CONDITIONS 1. Contract and Contract Documents The project to be constructed pursuant to this contract will be financed with assistance from the Department of Housing and Urban Development and is subject to all applicable Federal laws and regulations. The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said documents are ~olely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. Contents* 1. Contract and Contract Documents 2. Definitions 3. Additional Instructions and Detail Dra\vings 4. Shop o,r Setting Drawings 5. Materials, Services, and Facilities 6. Contractor's Title to Materials 7. Inspection and Testing of Materials 8. "Or Equal" Clause 9. Patents 10. Surveys, Permits and Regulations 11. Contractor's Obligations 12. Weather Conditions 13. Protection of Work and Property-- Emergency 14. Inspection 15. Reports, Records and Data 16. Superintendence by Contractor 17. Changes in Work 18. Extras 19. Time for Completion and Liquidated Damages 20. Correction of Work 21. Subsurface Conditions Found Different 22. Claims for Extra Cost 23. Right of Owner to Terminate Contract 24. Construction Schedule and Periodic Estimates 25. Payments to Contractor 26. Acceptance of Final pay-:nent as Release 27. Payments by Contractor 28. Insurance .See alphabetical subject Index at end. HUD-4238S (9-70) P'...iou. edition Is ob.olete 29. Contract Security 30. Additional or Substitute Bond 31. Assignments 32. Mutual Responsibility of Contractors 33. Separate Contracts 34. Subcontracting 35. Architect/Engineer's Authority 36. Stated Allowances 37. Use of Premises and Removal of Debris 38. Quantities of Estimate 39. Lands and Rights-of- Way 40. General Guaranty 41, Conflicting Conditions 42. Notice and Service Thereof 43. Required Provisions Deemed Inserted 44. Protection of Lives and Health 45. Subcontracts 46. Equal Employment Opportunity 47. Interest of Member of Congress 48. Other Prohibited Interests 49, . Use Prior to Owner's Acceptance 50. Photographs 51. Suspensicn of Work 52. Minimum Wages 53. Withholdbg Payments 54. Payrolls and Payroll Records 55. Apprentices 56. Complial11:e with Copeland Anti-Kick- back Ad 57. Overtime' 58. Signs 59. Employment Practices 60. Contract Termination; Debarment , .1 I 2. Definitions The following terms as used in this contract are respectively defined as follows: (a) "Contracto1;": A person, firm or corporation with whom the contract is made by the Owner. (b) "Subcontractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate contract or agreement with, the Contractor. (c) "Work on (at) the project": Work to be performed at the location of the project, includ- ing the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. 3. Additional Instructions and Detail Drawings The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the work included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. The Contractor and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, test- ing and installation of materials, supplies and equipment, and the completion of the various parts of the wo'rk; each such schedule to be subject to change from time to time in accord- ance with the progress of the work. 4. Shop or Settjng Drawings The Contractor shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/ Engineer the Contractor must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the Contractor will never- theless be responsible for the accuracy of such drawin~s and for their conformity to the Plans and Specifications, unles s he notifies the Architect! Engineer in writing of any devia- tions at the time he furnishes such drawings. 5. Materials, Services, and Facilities (a) It is understood that except as otherwise specifically staled in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute, complete, and deliver the work within the specified time. (b) Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the Owner. 6. Contractor's Title to Materials No materials or supplies for the work shall be purchased by the Contractor or by any Sub- contractor subject to any chattel mortgage Or under a conrlitional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title. to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 2 HUD-~238S (9-70) I . 7. Inspection.and Testing of :Materials (a) All materials and equipment used in the construction of tJ:,e project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory .01' inspection agency shall be selected by the Owner. The Owner will pay for alllabo- ratory inspection service direct, and not as a part of the contract. (b) Material!'; of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish con- formance with specifications and suitability for uses intended. 8. "Or Equal" Clause Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Architect/Engineer's written approval. . 9. Patents (a) The Contractor shall hold and save the Owner and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the contract, including its use by the Owner, unless otherwise specifically stipulated in the Contract Documents. , (b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the Owner of the project must be reason"ble, and paid to the holder of the patent, or his authorized licensee, direct by the Owner and not by or through the Contractor. (c) If the Contractor uses any design, device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design, device or material. It is mutually agreed and under- stood, that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this contract, and shall indemnify the Owner for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 10. Surveys, Permits, and Regulations Unless otherwise expressly provided for in the Specifications. the Owner will furnish to the Contractor all surveys necessary for the execution of the work. The Contractor shall procure and pay all permits" licenses and approvals necessary for the execution of his contract. The Contractor shall comply with all laws, ordinances, rules, orders, and regulations re- lating to performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities. 11. Contractor's Obligations' L The Contractor shall and will, in good workmanlike manner. do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as :1 :1 3 . ; I I HUD-4238S (9-70) .. herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract, within the time herein specified, in accordance with the provisions of this contract and said specifications and in accordance with the plans and drawings covered by this contract any and all supplemental plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain, and remove such construction plant and such temporary works as may be required. The Contractor shall observe, comply with, andbe subject to all terms, conditions, require- ments, and limitations of the contract and specifications, and shall do, carryon, and com- plete the entire work to the satisfaction of the Architect/Engineer and the Owner. 12. Weather Conditions In the event of temporary suspensionofwork, or during inclement weather, or whenever the Architect/Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Atchitect/Engineer, any work or materials shall have been danlaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the Contractor. 13. Protection of Work and Property--Emergency The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace or make good any such damage, loss or injury unless such be caused directly-by errors contained in the .con- tract or by the Owner, or his duly authorized representatives. In case of an emergency v:hich threatens loss or injury of property, and/or safety of life, the' Contractor will be allowed to act, without previous instructions from the Architect/ Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately there- after. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the Contractor has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 17 of the General Condi- tions. 14. Inspection The authorized representatives and agents oUhe Department of Housing and Urban Develop- ment shall be permitted to inspect all work, materials.. payrolls, records of personnel, invoices of materials, and other relevant data and records. 15. Reports, Records, and Data The Contractor shall submit to the Owner such schedule t){ quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning work performed or to be performed under this contract. 16. Superintendence by ~ontr~ctor At the site of the work the Contractor shall employ a construction superintendent or fore- man who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in that capacity for the particular job invoh>ed unless he ceases to be on the Contractor 's payrol1~ . 4 HUO-4238S (9-70) \ 17 Chcmges in Work I . . No changes in the work covered by the ?pproved Contract Documents shall be made with- out having prior written approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination of the fol- lowing methods; (a) Unit bid prices previously approved. (b) An agreed lump sum. (c) The actual cost of: 1. Labor, including foremen; 2. Materials entering permanently into the work; 3. The ownership or rental cost of construction plant and equipment during the time of use on the extra work; 4. Power and consumable supplies for the operation of power equipment; 5. Insurance; 6. Social Security and old age and unemployment contributions. To the cost under (c) there ~hall be added a fixed fee to be agreed upon but not to exceed 'fifteen percent (150/0) of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 18. Extras Without invalidating the contract, the Owner may order extra work or make changes by altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is- ordered in writing by the Owner or its Architect/Engineer, acting officially for the Owner, and the price is stated in such order. 19. Time for Completion and Liquidated Damages I- It is hereby understood and mutually agreed, byand between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed." The Contractor agrees that said work shall be prosecuted regularly, diligently, and un- interruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by tbe Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this contract, to pay to the Owner the amount specified in the contract, not as a penalty out as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixirg and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this contract and of the specific.ations wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the c.ontract an additional time is 5 HUD-4238S (9-70) .. allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the t~l'ne extension are acceptable to the Owner; Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: (a) To any preference, priority or allocation order duly issued by the Government; (b) To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or of the public enelny, acts of the Owner, acts of another Contractor in the pe:dormance of a contract with the OWner, fires, floods, epidemics, quarantine restricticns, strikes, freight embargoes, and severe weather; and (c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article: Provided, further, that the Contractor shall, within tell, (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, in writing~ of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reason- able time of its decision in the matter. 20. Correction of Work All work, all materials, whether incorporated in the work or not, all processes of manu- facture, and all methods of construction shall be at all times and places 'subject to the inspection of the Architect/Engineer who shall be the fiLal judge of the quality and suit- ability of the work, n1aterials, processes of manufactxz-e, and methods of construction for the purposes for which they are used. Should they fcUI to meet his approval they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the Contractor at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/Engin-eer, it is undesirable to replace any defective or damaged materials or to reconstruct 01" correct any portion of the :"vork injured or not performed in accordance with the ContradDocuments, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Architect/Engineer shall be equitable. 21. Subsurface Conditions Found Different Should the Cor.tractor encounter sub-surface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall imme- diately give notice to the Architect/Engineer of such cono:tions before they are disturbed. The Architect/Engineer will thereupon promptly investig;;.te the conditions, and if he finds that they materially differ from those shownonthe Plans for indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find nec- essary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 17 of the General Conditions. 22. Claims for Extra Cost No claim for extra work or cost shall be allowed unless the same was done in pursuance of a" written order of the Architect/Engineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the charged or extra work is done. When work is performed under the terms of subparagraph 17{c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner, give the Owner access to accounts relating thereto. 23. Right of the Owner to Terminate Contract In the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the contract, such !lotices to contain the reasons for 6 HUD-4238S (9-70) such intention to terminate the contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination. the Owner shall imn'le- diately serve notice thereof upon the Surety and the Contractor and the Surety shall have the. right to take over and perform the contract: Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor and the Contractor and his Surety shall be liable to the O'Nner for any ex- cess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work. such materials, appliances. and plant as may be on the site of the work and necessary therefor. 24. Construction Schedule and Periodic Estimates Immediately after execution and delivery of the contract, and before the first partial pay- ment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule inform. satisfactory to the Owner. showing the proposed dates of commencelnent and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of the contract price ans! (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price. t \ 25. Payments to Contractor (a) Not later than the 15th day of each calendar month the Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this contract, but to insure the proper performance of this contract, the Owner shall retain ten percent (10%) of the amount of each estimate until final completion and acceptance of all work covered by this contract: Provided, that the Contractor shall submit his estimate not later than the first day of the month; Provided, further, that the Owner at any time after fifty percent (50%) of the work has been completed, if it finds that satisfactory progress is being made, may make any of the remaining progress payments in full; Provided, further, that on completion and acceptance of each separate building, public work, or other division of the contract, on which the price is stated separately in the contract, payment may be made in full, including retained percentages thereon, less authori zed deductions. (b) In preparing estimates the material delivered on the site and preparatory work done may be taken into consideration. (c) All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor fr.om the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the contract. (dt Owner's Right to Withhold Certain Amounts and Make Application Thereof: The Con- tractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen. mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, dis- charged, or waived. If the Contractor fails so to do, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written notice, direct, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged where- upon payment to the Contractor shall be resumed, in accordance with the terms of this c 7 HUD--4238S (9-70) . ,.. contract, but in no event shall the provisions of this sentence be constl"ued to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for allY such payments made in good faith. 26. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of final payment s,hall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this contract or the Performance and Payment Bond. 27. Payments by Contractor The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month following that in which services are rendered, (b) for all materials, tools, and other expendable equipment to the extent of ninety percent (90%) of the cost thereof, not later than the 20th day of the calendar month following that in whi.ch such materials, tools, and equipment are delivered at the site of the project, and the balance of the cost thereof, not later than the 30th day .following the completion of that part of the work in or on which such materials, tools, and equipment are incorporated or used, and (c) to each of his subcontractors, not later than the 5th day following each payment to the Contractor, the respective amounts allowed the Contractor on account of the work per- formed by his subcontractors to the extent of each subcontractor's interest therein. 28. Insurance The ,Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his sub- contract until the insurance requi red of the subcontractor has been so obtained and approved. (a) Compensation Insurance: The Contractor shall procure and shall maintain during the life of this contract Workmen's Compensation Insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the pro- ject under this contract and, in case of any such work sublet, the Contractor shall re- quire the subcontractor similarly to provide Viorkmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insur- ance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shz.ll procure 2nd shall maintain during the life of this con- tractContractor1s Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Supplemental General Conditions. (c) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall either (1) require each of his subcontractors to pro- cure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified.in the Supplemental General Conditions specified in subparagrap~ (b) hereof or, (2) insure the activities of his policy, specified in subparagraph (b) hereof. (d) Scope of Insurance and Special Ha7.ards: The insurance required under subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his subcon- tractors, respectively, against damage claims which may arise from operations under 8 HUD-4238S (9-70) .. this contr3ct, whether such ope r;ctions be by the insured or by anyone directly or in- directly elnployed by him ,en::, also og:1inst any of the special hazards which may be encountered in the perfonnance of this contract as enumerated in the Supplemental General Condi tions. ' . (e) Builder's RL~~1~\l.Iil_T-I~c:~JKi~e_al1cLJ:JCte~~ed Cov~~~J: Until the project is completed and accepted by the Owner, the Owner, or Contractor (at the Owner's option as indicated in the Supplemental General Conditions, Form HUD-4238-N) is required to maintain Builder's Ris'k Insurance (fire and extended coverage) ona 100 percent completed value basis on the insurable portionofthe project for the benefit of the Owner, the Contractor, subcontractors as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during con- struction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his obligation to complete, according to plans and specifications, the project covered by the contract, and the Contractor and his Surety shall be obligated to full performance of the Contractor's undertaking. (f) Proof of Carriage of b1surance: The Contractor shall furnish the Owner with certificates showing the type-;-amour~t':' class of operations covered, effective dates and date of ex- piration of policies. Such certificates shall also containsubstantialiy the following state- ment: "The insurance covered by this certificate \vill not be cancelled or materially altered, except after ten (10) days written notice has been received by the Owner." 29. Contract Security The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (1000/0) of the contract prices as security for the faithful performance of this con- tract and also a payment bond in an amount not less than one hundred percent (1000/0) of the contract price or in a penal sum not less than that prescribed by State, territorial or local law, as security for the payrrtent of all persons perforn1ing labor on the project under this contract and furnishing materials in connection with this contract. The perforITIance bond and the payment bond maybe in one or in separate instruments in accordance with local law. 30. Additional or Substitute Bond If at any time the Owner for justifiable cause shall be or become dissatisfied with any surety or sureties, then upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the Owner so to do, substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished such an acceptable bond to the Owner. 31. Assignments The Contractor shall not assign the whole or any part of this contract or any moneys due or to become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of any moneys due or to become due under this contract, the in- strument of assignment shall contain a clause substantially to the effect that it is agreed that ,the right of the as signee in and to any moneys due or to become due to the Contractor shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this contract. 32. Mutual Responsibility of Contractors If, through acts of neglect on the part of the Contractor, any other Contractor or any sub- contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or subcontractor by' agreement or arbitration if such other Con- tractor or subcontractors will so settle. If such other Contractor or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sus- tained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. 9 HUD-4238S (9-70) .'~"'-":-._'--. -. 33. Separate Contract The Contractor shall coordinate his operati.ons with those of other Contractors. Cooperation will be required in the arrangement for the storage of n.aterials and in the detailed execu- tion of the work. The Contractor, including his subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Architect/Engineer i'mmediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status ofthe work as being satisfactory for proper coordination with his own work. 34. Subcontracting (a) The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty sub- contractors. (b) The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits, to the Owner a written statement cO:lcerning the proposed award to the subco:ltractor, which statement shall contain such information as the Owner may require. (c) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him,. (d) The Contractor shall cause app~opriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the term,s of the General Conditions and other contract documents insofar as applicable to the work of subcon- tractors and to give the Contractor the same power as regards terminating any sub- contract that the Owner may exercise over the Contractor under any provision of the ,contract documents. (e) Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner. 35. ArchItect/Engineer's Authority The Architect/Engineer shall give all orders and directions contemplated under this con- tract and specifications, relative to the executionofthe work. The Architect/Engineer shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under this contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said con- tract or specifications, the determination or decision of the Architect/Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this contract affected in any manner or to any extent by such question. The Architect/Engineer shall decide the meaning and intent of any portion of the specifica- tions and of any plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts In regard to their work which may arise between the Contrac- tor under this contract and other Contractors performing work for the Owner shall be adjusted and determined by the Architect/Engineer. 36~ 'Stated Allowances c The Contractor shall include in his proposal the cash allowances stated in the Supplemental General Conditions. The Contractor shall purchase the "Allowed Materials" as directed by the Owner on the basis of the lowest and'bestbidofatleastthreecompetitivebids. If the actual price for purchasing the "Allowed Materials" is more or less than the "Cash Allow- ance," the contract price shall be adjusted accordingly. The ad'justment in contract price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental expenses. The cost of installation of the ".Allowed Materials" shall be included in the applicable sections of the Contract Specifications cover. ing this work. 10 HUD--4238S (9-70) ..d . ~ i J ) 37. Use of Premises and ReE10val of Dc:'oris The Contract expressly undertakes at his own expense: (a) to take every precaution again~;t injuries to persons or damage to property; (b) to store his apparatus, materials, supplief; and equipment in such orderly fashion at the site of the ,work as will not unduly interfere with the progress of his work or the work of any other contractors; (c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; (d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his' operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike oppearance; '(e) before final payment to remove all surplus material, false-work, temporary structures, including foundations thereof, plant of any description and debris of every nature re- sultine from his operations, and to put the site in a neat, orderly condition; (f) to effect all cutting, fitting or patching of his work required to make the same to con- form to the plans and specifications and, except with the consent of the Architect/ , Engineer, not to cut or otherwise alter the work of any other Contractor. 38. Quantities of Estimate Wherever the estimated quantities of work to be done and materials to be furnished under this contract are shown in any of the documents including the propos aI, they are given for use in comparing bids and the right is espeCially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this contract, and such increase or diminution shall in no way vitiate this contract, nor shall any such increase or diminution give cause for claims or liability for damages. 39. Lands and Rights-of-Way Prior to the start of construction, the Owner shall obtain all lands and rights-of-way necessary for the carrying out and com p 1 e t ion of work to be performed under this contract. 40. General Guaranty Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy ar,y defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will give notice of observed defects with r,easonable promptness. 41. Conflicting Conditions Any provisions in any of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency. 42. Notice and Service Thereof Any notice to any Contractor from the Own.er relative to any part of this contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the'said Contractor at his last given address, or delivered in person to the said Con t r act 0 r or his authorized r e pre s e n tat i v e on the work. 11 HUD-.&238S (9-701 "r-'. ._~. ~ 43. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this contract shall be deem,ed to be inserted herein and the contract shall be read a,nd enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. 44. Protection of Lives and Health In order to protect the lives and health of his employees under the contract, the ContraCtor shall comply with all pertinent provisions of the "Manual of Accident Prevention in Con- struction" issued by the Associated General Contractors of America, Inc., and shall maintain an accurate record of all cases of death, occupational disease, and injury requi ring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the contract. He alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods, and for any damage which may result from their failure or their improper construction, maintenance, or operation. 45. Subcontracts The Contractor will insert in any subcontracts the sections 52 through 56 contained herein and such other clq.uses as the Department of Housing and Urban Development may, by instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subconb'acts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 46. Equal Employment Opportunity (, During the performance of this contract the Contractor agrees as f(>llows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimi- nation claus e. (2) The Contractor will, in all solicitations or advertisemen.ts for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, c'olor, or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and appli- cants for employment. (4) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such l'ules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of' this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor D'lay be declared ineligible for further Government contracts or Federally-assisted construction 12 HUD-42385 (9-70) . ~' i I or i I I i I ! f ! I I i ! I ! contracts, in accordance o;'o'[th p:rc,ccchll'cS zmthoI'ized in Executive Order No. 11246 of Septeniber 24, 1965, and such other sanctioIis m.a)" be imposed and remedies invoked ~s provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the provisions of paragraphs (1) through (7) in every sub- contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sep- tember 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or pur- chase order. as the Department of Housing and Urban Development m.ay direct as a means of enforcing such provisions, including sanctions for noncompliance: Providf'q, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Departrnent of Housing and Urban Development, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 47. Interest of Member of or Delegate to Congress No member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of .this contract or to any benefit that may arise therefrom, but this provision shall not, be construed to extend to this contract if made with a corporation for its general benefit. 48. Other Prohibited Interests No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, or to. take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectlyinterestedpersonallyinthis contractor in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, super- visory or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract per- taining to the project. 49. Use and Occupancy Prior to Acceptance by Owner The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the Owner, provided the Owner: (a) Secures written consent of the Contractor except in the event, in the opinion of the Architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of punch list items or other contract requirements. (b) Secures endorsement from the insurance-carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construc- tion, or, (c) When the project consists of more than one building, and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit to com- plete construction. Consent of the surety must also be obtained. 50.' Photographs of the Project If required by the Owner, the Contractor shall furnish photographs of the project, in the quantities and as described in the Supplemental General Conditions. 51. Suspension of Work Should the Owner be prevented or enjoined from proceeding with work either before or after the start of construction by reason of any litigation or other reason beyond the control 13 HUD-4238S (9-70) l c . of the Owner, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the work will be extended to such reasonClble time as the Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing. 52. Minimum Wages (a) The Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined minimum wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and I"oechanics so engaged. (b) All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a wcek, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1 (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv). Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. (c) The Department of Housin[; and Urban Development shall require that any class of laborers or mechani.cs which is not listed in the wage determination and which is to be employed under the contract, shall be classifiedor reclassified conformably to the wage determination, and a report of the adion taken shall be sent by the Department of Housing and Urban Development to the Secretary of Labor. In the event the interested parties cannot agree on the prop~r classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recom- mendation of the Department of Housing and Urban Development shall be referred to the Secretary for final determination. (d) The Department of Housing and Urban Development shall require, whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is ol.:Jli- gated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Department of Housing and Urban Development, shall be referred to the Secretary of Labor for determination. (e) The Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or pro- gram described in section 1(b)(2)(B) of the Davis-Bacon Act, or any bona fide fringe benefits not expressly listed in Section 1(b)(2) of the Davis-Bacon Act or otherwise not listed in the wage determination decision of the Secretary of Labor which is included in this contract, only when tl;e Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. Whenever practicable, the Contractor should request the Secretary of Labor to make such findings before the making of the contract. In the case of unfunded plans and programs, the Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the pIau or program. (f) The specified wage rates are minimum rates only, and the owner will not consider any claims for additional compensation made by the Contractor because of payment by the Contractor of any wage rate in exees s of.the applicable rate contained in this contract. All disputes in regard to the payment of wages in excess of those specified in this contract shall be adjusted by the Contractor. (g) If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a planor program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: Provided however, the Secretary of Labor has found upon the written HUD-4238S (9-70) 14 I i I 1 ! request of the Contractor that the appJicccblc standCirds of the Davis-Bacon ,Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 53. Withholding of Payments r I I I I I I t i I j I I ! i The Department of Housing and Urban Development may withhold or cause to be withheld from the Contractor so much of the accrued payments or aovances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor on the work the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic employed or working on the site of the work, all or part of the wages required by the contract, the Department of Housing and Urban Development may, after written notice to the Contractor or Owner, take such action as may be necessary to cause the suspension of any further paynlent, advance, or guarantee of funds until such violations have ceased. 54. Payrolls and Basic Records (a) Payrolls and basic records re18ting thereto will be mainbined during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and address of each such employee, his correct classification, rates of pay (ir,eluding rates of contributions or costs anticipated of the types described in section 1{t\)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages p8.id. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain re cords which show that the commitment to provide such benefits is enforceable, that the plan or program is financially respon- sible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (b) The Contractor will submit weekly a copy of all payrolls to the Owner, for transmission to the Department of Housing and Urban Development. The copy shall be accompanied by a statement signed by the employer or his agent i:r.dicating that the payrolls are correct and complete, that the wage rates contained B.erein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the ....vork he performed. A submission of a "V/eekly Statement of Compliance" which is required under this contract and tlte Copeland regulations of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor under 29 CFR 5.5(a)( ] )(iv) shall satisfy this requirement. The Prime Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. The COll- tractor shall make the records required under the labor standards clauses of the con- tract available for inspection by authorized representatives cf the Department of Housing and Urban Development and the Department of Labor, and shall permit such representatives to interview employees during working oours on the job. 55. Apprentices Apprentices shall be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and 1'raining, United States Depart- ment of Labor; or, if nO such. recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship. and Trainir:g. United States Department of Labor. The allowabl~ ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at. an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the classificationofworkhe actually performed. The Contractor or subcontractor will be required to furnish to the Department of Housing and Urban Development written 1S HUD-"238S (9-70) ~ evidcnce of the registration of his progr<1m and apprcntices as well as of the appropriate ratios and wage rates, for the area of construction, prior to using any apprentices on the contract work. 56. Compliance With Copeland Anti-Kickback Act and Regulations The Contractor shall comply with the Copeland Anti-Kickback Act and Regulations of the Secretary of Labor (29 CFR, Part 3) which are herein incorporated by reference. 57. Overtime (a) No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in \vhich he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives com- pensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case luay be. (b) Violation; liability for ullpaid wages; liquidated damages. In the event of any viol.ation of the clause set forth in subparagraph (1), the Contractor and any subcontractor re- sponsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such COiltractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damagcs shall be computed with respect to each individual laborer or mechanic employed in violation of the clause setforthinsubparagraph(l),inthe sum of $10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of the standard worbveek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1). (c) Withholding .for unpaid wages and liquidated damages. The Department of Housing and Urban Development may withhold or cause to be withheld, fr:om any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may ad- ministratively be determined to be necessary to satisfr any liabilities of such Con- tractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2). (d) Subcontracts. The COlltrz.ctor shall insert in any subcontracts and clauses set forth in subparagraphs (a), (b), and (c) of this paragraph and also a clause requiring the sub- contractors to illclude these clauses in any lower ticr subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 58. Signs The General Contractor shall erect a sign at the project site identifying the project and indicating that the Government is participating in the development of the project. The project sign shall be substantially in accordancc with instructions provided by the Regional Office of the Department of Housing and Urban Development, made from 3/4 inch plywood, placed in a prominent location, and maintained in good condition until completion of the project. 59. Employment Practices The Contractor (1) shall, to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed, and (2) shall insert or cause to be inserted the same provision in each construction subcontract. 60. Contract Termination; Debarment ( A breach of Sections 45 and 52 through 56 may be grounds for termination of the contract, and for debarment as provided in 29 CFR 5.6. 16 HUD~238S (9-70) . " ~ Subject Index of General Conditions Subject Section Accid~nt Prevention............ ........ Additional Bond.......................... Additional Instructions ................ Al1o\\~ances.. I............ II.... II.... II... Anti-Kickback Act ...................... .Apprentices II. .... ....... ... ... ........... Architect's Authority.................. Assigl1ments ... .,.. II II ................... Bond, Security......... .................. Bond, Security, additional............ Changes in \Vork ........................ Claims for Extra Cost................. Con1pletion time......................... Computation of \Vages ................. Condition, Subsurface. ................. Conflicting Conditions ................. Construction Schedule .............,... Contract Documents.................... Contract Security..........:............ Contractor's Ins urance................ Contract Te rmination.................. Contractor's Mutual Responsibility Contractor IS Obligations .... .......... Contractor's Payrolls ................. Contractor's Title to Materials..... CopelandRe gulations .................. Correction of Vlork..................... Damages, Li quidated................... Data, Reports and Records........... Debarment. .... II.. ......... ... .... ... .... Debris Removal......................... Definiti ons ................... ............. Detail Dra\vings ......................... Different Subsurface ................... Dis crimination, em.ployment......... Drawings detail.......................... Emer gencies II 1,....1.............. ...... Employment Practices. . . . . . . . . . . Equal Employment Opportunity. .. . Estimated Quantities......... .......... Extras .... .... ..... II II II.. II ......... ,...... Final Payment ...... ,.... ................ Guaranty, general...... ... .............. Inspe.ctlon II... ...... .....................;. Inspection of Materials................ Insurance. ............ ....... ... ............ Lands and Rights-of-Way............. Legal Provisions, Implied............ Liquidated damages .................... Materi als ....... ... ........... ............. Member of Congress................... Minimum Wages......................... Non-discrimination in Employment c HUD-~238S (9-70) ., Section 44 30 3 36 56 55 35 31 29 30 17 22 19 57 21 41 24 1 29 28 60 32 11 54 6 56 20 19 15 59 37 2 3 21 46 3 13 59 46 38 18 26 40 14 7 28 39 43 19 5 47 52 46 Notice and Service ...................... 42 Obligations of Contractor ............. 11 "Or Equal" Clause ...................... 8 Overtime Requirements ............... 57 Owner's right to terminate ........... 23 Patent's.... ....... ........................... 9 Payment of Employees................. 52 Payments by Contractor............... 27 Payments to Contractor ............... 25 Payrolls of Contractors and subs... 54 Periodic Estimates ..................... 24 Permits, Surveys, Regulations ...... 10 Photographs............................... 50 Posting Minimum 'wage rates ........ 52 Prohibited Ir.terests .................... 48 Protection oi lives and health........ 44 Protection of work, property......... 13 Provisions :r~quired by la'w........... 43 Quantities of Estimate.................. 38 Regulations, Kickback .................. 56 Release of Contractor.................. 26 Removal of Debris ...................... 37 Reports, Records and Data ........... 15 Responsibility of contractor.......... 32 Right of Owner to terminate.......... 23 Rights -of- \\'.ay. ........................... 39 Schedule of Construction .............. 24 Security ........~........................... 29 Separate contracts ...................... 33 Services, materials, facilities....... 5 Shop Drawings............................ 4 Signs ........................................ 58 Stated Allowances ....................... 36 Subcontractutg....................... 34 and 45 Subcontractor's Insurance ............ 28 Subcontractor's Payrolls.............. 54 Substitute Bond........................... 30 Subsurface cQnditions .................. 21 SuperintendelOce by contractor....... 16 Surveys, permits ..:..................... 10 Suspension (!If work...................... 51 Termination of contract .......... 23 and 59 Testing of Materials.................... 7 Time for completion.................... 19 Title to materials ....................... 6 Use and Occupancy...................... 49 Use of Prem~ses......................... 37 Wage Adjustments....................... 53 Wages, Minimum ........................ 52 Wage Underpayments................... 53 Weather Conrlitions ..................... 12 Withholding of Payments ........~..... 53 GPO '\1.599 17 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-42;8-H (9-66) SUPPLEMENTAL GENERAL CONDITIONS 1. Enumeration of Plans, Specifications and Addenda 2. Stated Allowances 3. Special Hazards 4. Public Liability and Property Damage Insurance 5. Photographs of Project 6. Schedule of Minimum Hourly Wage Rates 7. Builder's Risk Insurance 1. ENUMERA TlON OF PLANS, SPECIFICA TlONS AND ADDENDA Following are the Plans, Specifications and Addenda which form a part of this contract, as set forth in Paragraph 1 of the General Conditions, "Contract and Contract Documents": A. Drawings: See Index in Special Conditions and General Requirements, Article 19. B. Specifications~ See Index of this Specification C~ Addenda: Each addendum shall be attached as they occur 3. SPECIAL HAZARDS The Contlactor's and his Subcontractor's Public Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: (None anticipated. during this project) 4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY, AND PROPERTY DAMAGE INSURANCE As required under paragrilph 28 of the General Conditions, the vmtractor's Public Liabili ty Insur- ance and Vehicle Liability Insurance shall be in an a'l1Ount not less than $ 100,000 for in- juries, including accidental death, to anyone person, and subject to the s?.me limit for each person, in an amount not less than S~OOO on account of one accident, and Contractor's Property D<illlage Insurance in an 3ffiount not less than $ 100,000 The Contractor shull eithqr (1) require each of his subcontractors to procure and to maintain during the life of his subcontwct, Subcontractor's Public Liability and Property Damage of the type and in the sam e amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontrc,ctors in h is own policy. ~. PHOTOGRAPHS OF PROJECT As provided in paragraph 50 of the' Gencl'al Condi tions, the Contractor will furnish photographs in the number, type, and stage as enumerated below: None required for this project. 6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY WAGE RATES AS RE- QUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS See following pages h BUILDER'S RISK INSURANCE As provided in the Gel~eral Conditions, paragraph 28(e), the Contractor Will/will not* maintain atl1der's Risk Insurance (fire and extended coverage) on a 100 percent completed v(l.lue basis on the insurable portions of the project for the benefit of the Owner, the Contractor, and all sub- contractors, as their interests may appear. c~ .Strlke out one. u. S. GOVERNMENT PRINTING on'ICE : llle7 0 - 27Z-878 . t' () ~ ("' ' (.1: <4. "'; ...; t,- :-'1 It. X C I, t- ll; r:~... l;.~ '.,.J ~:i - :r. ~ j-' 'r i-- U~ ~~ C: ~~ 1-''; U u.. i .. r'"' ~" L4. 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",-.,..:)..a \. . \<.." \":. t~ "'"... .... Co! _. -_, .....:.l ~ ~ ':,......:;~.:;;:j ~ '.'. c.... - :....:.:,... II . <..; ~ . "". "'" ~ ~ ~ . . ~. ."..J u ;.. ~.' ,) ,J I,' '" " :> ..: .: .' -; 1J "U )..0 t' ~ __..... ;....;...-~e.; I... :. ,.....: c..: "" .... u ..'J :; (.......... , t~ :i _: \<0";"; ~;...,.~.~ ,~ : .: -;:. _~ ~: i .~ ; ~: :'. ::. ~ ~~ ~ .~ t ~: ;. \,-, "... .. ~~. .. i: ..).: ,. : l~ :.i :; I.... t. ..... .; :--. ~. ~: .: )( 'j~~~,,;~~~ ~ c( o << " N " o :z: ..; M J o > ",' UJ .. VI l? .u oc -, 0( 0: . ". '0 u. ... I Page 1 of 6 SPECIAL CONDITIONS A~TJ) GENERAL HEQUIRElVIENTS 1. LIMITS OF WORK . Work limits are indicated on the drawings. Contractor may store materials or otherwise occupy areas of the site as designated by the Landscape Architect. 2. JOB OFFICE A. The Contractor shall furnish and maintain during construction of the improvements embraced in this Contract, adequate facilities . on the Project area or adjacent thereto. Locate as directed by the Owner for his use and the Landscape Architects. Facilities shall consist of: (1) Trailer or shed adequate sixe for office space. (2) Adequate sanitary facilities. Office shall be wind- and weatherproof, furnished with sufficient window lighting to permit the reading of blueprints, and have a table or bench not less than 42" x 72" in dimension. A complete set of full size plans and specifications shall be kept continuously in this office. The Engineer and Landscape Architect shall have free and unrestricted use of these facilities for all purposes con- nected with the work. B. Subcontractors may maintain such office and storage facilities on the site as are necessary for the proper conduct of the w:>rk. These ,shall be located so as to cause no interference to any work to be performed on the site. The Owner shall direct locations. C. Upon completion of the improvements, or as directed by the Land- scape Architect, the Contractor shall remove all such temporary structure and facilities form the site, same to become its property, and leave the site of the work in the condition required by the Con- tract. 3. PERMITS AND LICENSES Apply for and be issued all necessary permits licensed to perform work for this project. 4. COOPERATION WITH CITY FORCES . The Contractor shall cooperate with all City forces which may do work within the Construction Area. SPECIAL CONDITIONS AND GENERAL REQUIRE'MENTS Page 2 of 6 5. VANDALISM The Contractor shall be responsible for repairs or replacement of damaged work due to any vandalism prior to acceptance of work. 6. INTENT OF CONTRACT It is the intent of this Contract to obtain a finished, workmanlike job, complete and in place. 7. ADVERTISING AND TRADE NAMES A. No advertising signs of any kind shall be displayed on the building, premises, fences, offices or elsewhere on the job without permission or approval -of the City of Gilroy. B. No exposed permanent trade names, trademarks or grade ~tamps or materials or equipment shall appear in finished work, except as approved by the Landscape Architect. 8. INVESTIGA TION OF CONDITIONS A. The Contractor shall visit the site, examine all documents and make known to himself the nature and character of the project site and its general and particular location, the physical and con- tractural conditions and requirements, and the limitations and various other aspects relative to this project. . B. Owner or Architect will not consider any claims whatsoever on account of Contractor's failure to fully investigate or determine his requirements in advance of commencing the work. 9. UTILITIES A. The Contractor shall maintain flow in all existing utilities. B. The Contractor shall obtain utility improvement plans from the Landscape Architect or reference and exact locations, distances, levels, etc. Verify before work is initiated. The Contractcr shall protect all utilities and repair any damages which result, from his operation at his expense. c. Water and power during construction: (1) Contractor shall make arrangements and pay all costs for water required for construction purposes. Contractor shall . SPECIAL CONDITIONS AND GENERAL REQUIREMENTS Page 3 of 6 furnish and install piping or hose to carry water to every point where needed on the project. Cost of water shall be at the regular local rates. Contact the City of Gilroy. (2) The Contractor shall provide, at his expense, any temporary power required for this work and shall remove same upon completion of work. 10. CONSTRUCTION EQUIPMENT A. Contractor shall erect, equip, and maintain all construction equip- ment in strict accordance with all applicable statutes, laws, ordin- ances, rules and regulations of the City, or other authority having jurisdiction. Provide as required for the use of all trades. Hoists, shoring, scaffolding and all other construction equipment and facil- ities shall be installed and erected in accordance with the latest Construction Safety Orders issued by the Division of Industrial Safety, State of California, and the Associated General Contractors "Manual of Accident Prevention in Construction", latest edition. B. Shoring, staging, runways, and similar equipment required for construction of the work shall be provided and maintained by the Contractor. 11. FENCES AND BARRICADES A. Construct and maintain fences, planking, barricades, lights, shoring, and warning signs as required by local authorities and State Safety Ordinances and as required to protect the City's property from injury or loss, and as necessary for the protection of the public; provide walks around any obstruction made in a public place for carrying on the work covered in this Contract. Leave all pro- tection in place and maintain until removal is authorized. B. All trees and shrubbery within the Contract Limits, and all trees and shrubbery in areas adjacent to the Contract Limits, shall be protected from all injury. The Contractor shall take all necessary percautions tq preserve the trees and shrubbery. Any damaged trees and/or shrubbery shall be replaced with similar trees or shrubbery. No stockpiling, temporary buildings, or any other temporary obstructions shall be located within the drip line of any existing tree or any shrubbery. All protection shall remain in place until its removal is authorized by the Landscape Architect. SPECIAL CONDITIONS AND GENERAL REQUIREMENTS Page 4 of 6 12. REMOVAL AT COMPLETION Upon completion of the work, or prior thereto when directed by the Land- scape Architect, the Contractor shall remove all temporary facilities structures and installations from the Owner's property. Similarly, return all exterior areas utilized for temporary facilities to substantially their original natural state, or when called for on the drawings, complete areas as shown or noted. 13. DUST CONTROL The Contractor shall provide and apply dust control at all times including holidays and weekends, as required toabate dust nuisance on and about the site which is a,result of construction activities. Dust control shall be by means of sprinklered water or other approved means, except no chemicals. oil or similar palliative shall be used. Quantities and equip- ment for dust control shall be sufficient to effectively prevent dust nuisance on and about the site, and when weather conditions warrant, sprinkling equipment shall be on hand at all times for immediate availability. The ~andscape Architect shall have the authority to order dust control work whenever it is required in his opinion, and there shall be no additional cost to the Owner. 14. AS-BUILT DRAWINGS A. The General Contractor shall maintain as -built drawings of all work and subcontracts, continuously as the job progresses. A separate set of prints, for this purpose only, shall be kept at the job site at all times. It shall be required that these drawings be up-to-~te, and so certified by the Inspector at the time each pro- gress bill is submi~ted. B. Upon completion of the work these drawings will be turned over to the Landscape Architect for incorporation into the as -built tracings required by the City. c. The up-to-date status of the data and its transmission to the Land- scape Architect shall be conditions required for certification of pro- gress payments and last payment before retention. ' . SPECIAL CONDITIONS AND GENERAL REQUIREMENTS Page 5 of 6 15, STANDARD SPECIFICATIONS Whenever reference is made to State Specifications or Standard Specifica- tions, it shall be understood to refer to the publication "Standard Specifi- cations - State of California, Department of Public Works, Division of Highways, January 1971". Whenever reference is made to A. S. T. M. , it shall be understood to refer to the latest publication "A. S. T. M. Stan- dards" of the American Society of Testing Materials. In the event of a conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall rule. 16, CODES Materials and work under this Contract shall be in accordance wi th the following codes: Uniform Building Code Uniform Mechanical Code Uniform Plumbing Code National Electric Code - ' 1970 - 1970 - 1970 - 1971 For items not otherwise specifically covered by the above codes, use quality indicated by California Administrative Code, Title 24, Building Standards. 17. PROGRESS SCHEDULE Within ten (10) days after the effective date of Notice to Proceed, the Contractor shall furnish, for approval of the Landscape Architect, three (3) copies of a bar graph schedule covering phases, times and estimated completion date of the various phases and operations. The approved progress schedule shall be adhered to throughout the Con- tract period. 18. FINAL GUARANTEE The Contractor shall be held r~sponsible for and must make good any defects, through faulty, improper workmanship or materials arising or discovered in any parts of his work within one (1) year after the com- pletion and acceptance of the same. The Bond for Faithful Performance, furnished by the Contractor, shall cover such defects and protect the City against them. SPECIAL CONDITIONS AND GENERAL REQUIREMENTS Page 6 of 6 19. DRAWINGS Drawings furnished by Royston, Hanamoto, Beck & Abey, 50 Green Street, San Francisco, California. Drawings dated June 26, 1973 consist of Sheets 1 and 2. Sheet No. 1 TENNIS - HANDBALL COURT PLANS & DETAILS 2 ELECTRICAL PLAN AND DETAILS . Technical Specifications Division 1 SITE GRADING AND EXCAVATING Page 1 of 5 1. GENERAL The General Conditions, Supplemental General Conditions, Special Con- ditions, General Requirements shall apply to all work of this Division. 2. SCOPE OF WORK The work under this Division includes but is not limited to: A. Clearing, grubbing and preparation of site as indicated on the drawings. B. Excavating, filling and grading. C. Protection of existing trees, plant materials, utilities, etc. D. Engineered fill. E. Establishment of lines and levels. F. Finish grading, placing of topsoil and stockpiling topsoil. G. Disposal of excess materials. Include all labor, materials, equipment, tools, transportation, services and operations to furnish the work under this Division, and all major and accessory work and materials to achieve complete installation; all as indicated on the drawings. 3. CLEARING A. Remove all existing shrubs, grass, weeds and other vegetation, or obstructions that interfere with the construction of the installation of utilities, site grading, grading for paving, etc., as indicated on the drawings or required to complete the work. Do not work within the drip line of the existing Oak tree. B. Disposal of Materials: Remove all rubbish and other undesirable materials resulting from site clearing operations. Burning of materials shall not be permitted on the site. Upon completion of site clearing work, premises shall be neat, clean and in condition to receive subsequent work. Divis ion 1 SITE GRADING AND EXCAVATING Page 2 of 5 4. GRADES, LINES AND LEVELS A. Set bench mark at northwest cornerof the property line. B. Complete layout and establishment of the layout grid or base lines and grades stakes as indicated on the drawings shall be established by the Contractor. Contractor shall be responsible for the accuracy of all the above surveying. C. Existing and finished elevations for all work to be constructed under this Contract are indicated on the drawings, and unless any inconsistency therein is brought to the attention of the Landscape Architect in writing prior to commencement of construction, the Constractor shall be held responsible for the proper location and elevation of all work. D. All existing bench marks shall be protected and maintained during the entire course of the Contract. Monuments or stakes disturbed or destroyed by anyone during the course of the Contract shall be reestablished without additional cost to the Owner. E. Areas shown to be graded shall be graded to the new contours, cross sections, or grades shown. Where surface treatment is in- dicated, grading and excavating shall be to the required subgrades. Finished grades designated shall be to the surface of any topsoil called for to be left smooth and even, and shall be finished one (1) inch below surfaced areas, tops of curbs, sidewalks, etc., or as . indicated on the drawings. F. Drainage swales shall be constructed as indicated on too plans, or as required to provide adequate drainage from all areas to drainage facilities. G. The tops of all manholes, cleanouts, valve boxes and utility boxes in all areas to be site graded shall be adjusted, if necessary, to meet finished grades. H. For engineered excavating and backfilling, see Paragraph 9 below and Division 2 - Subgrade Preparation. 1. All excavations shall be of sufficient size to provide ample room and work space for. construction of forms, shoring and bulkheading as required. Division 1 SITE GRADING AND EXCA V A TING Page 3 of 5 5. MATERIALS A. On-site materials shall be used for fills. This material shall con- sist of clean earth containing no rocks larger than six (6) inches in the greatest dimensions, and no roots, vegetable matter or other . deleterious substances. B. Extra soil not required for fill shall be spread on site as directed by the Owner. 6. EXCA VA TION A. Finished grade elevations are indicated on the site drawings. Be- fore placing; spreading and compacting fill material, the existing grade shall be cut to depth not less than six (6) inches below the finished grade elevations shown or implied. For dep-per cut re- quirements, see Division 2 and drawings for detail information relating to tennis courts and walkways in this Contract. B. Subsequent to the excavation operations, the surface exposed shall , be plowed or scarified to a depth of at least six (6) inches, until it is uniform and free from large clods; brought to the proper moisture content by adding water or aerating, and compacted to the following densities (see Division 1 - 7E) 7. PLACING, SPREADING & COMPACTING FILL MATERIAL . A. The surfaces to receive fill shall be plowed or scarified to a depth of six (6) inches, and until the surface is free from ruts, hummocks or other uneven features which would tend to prevent uniform com- paction .by the equipment to be used. B. After the foundation for the fill has been plowed or scarified, it shall be disced or bladed until it is uniform and free from large clods; brought to the proper moisture content by adding water or by aerating, and compacted to the same relative density as the fill. C. If any localized soft spots are detected during the rolling operations, the soft soils shall be excavated and replaced with compacted fill materials in accordance with these Specifications. . D. The select fill materials shall be placed in layers which, when com- pacted, shall not exceed six (6) inches in thickness. Spread each layer evenly and thoroughly blade mix during spreading to insure uniformity of material in each layer. . Divis ion 1 SITE GRADING AND EXCAVATING Page 4 of 5 E. After each layer has been placed, mixed and spread evenly, it shall be thoroughly compacted to the following densities: (1) In areas of walkways, tennis court and handball courts, each layer of the fill material shall be compacted to 95 percent of the maximum dry density. (2) In planted areas where there is not future construction plan- ned, each layer of the fill material shall be compacted to 85 percent of the maximum dry density. (3) Fill,slopes shall be compacted by means of sheepsfoot rollers or other suitable equipment. Compacting operations shall be continued until the slopes are stable. While no appreciable amount of loose soil will be permitted on the slopes, com- paction shall not be so dense as to prohibit planting. F. The fill operations shall be continued in six (6) inch compacted layers, as specified, until the fill has been brought to the finished slopes and grades as indicated on the drawings. Refer also to Tennis Court Specifications. G. All earth moving and working operations shall be controlled to pre- vent water from running into excavated areas. All water shall be promptly removed and the site kept dry. H. Seasonal Limits: No fill material or topsoil shall be placed, spread or rolled during unfavroable weather conditions. When the . work is interrupted by heavy rains, fill operations shall not be resumed until approved by the Owner. 8. FINISHED GRADES The finished surface of the grading plane at any point shall not vary more than O. 10 foot above or below the grade indicated on the drawings. Sur- faces that do not conform to the above requirement shall be reshaped to conform to the specified tolernaces, all at the Contractor's expense. Soil adjacent to improvements shall be one (1) inch below top edge of pavements. Division 1 SITE GRADING AND EXCAVATING Page 5 of 5 9. CLEANUP Upon the completion of the site earthwork, the Contractor shall remove all surplus construction materials, earth and debris resulting from his work so that the entire job site is left in a neat and orderly condition. The Contractor shall make his own arrangements for disposing of debris and waste materials outside the project area and he shall pay all costs involved. Technical Specifications Division 2 SUBGRADE PREPARATIO~' AND BASE MATERIAL Page 1 of 3 1. GENERAL The General Conditions, Supplemental General Conditions, Special Con- ditions, General Requirements shall apply to all work of this Division. 2. SCOPE OF WORK A. Perform all work necessary to prepare finished subgrades under general tennis court areas, paved pathways, handball courts as detailed, including practice tennis court areas on either side of handball courts. B. Furnish material and construct aggregate base at locations listed above. Aggregate base for tennis courts to be furnished and installed as detailed on the drawings. 3. SUBGRADE PREPARATION A, Subgrade is that certain area on which pavement, surfacing, base, subbase, or a layer of any other material which may be specified is to be placed. ' B. All subgrade shall be plowed or scarified to a depth of at least six (6) inches below the final subgrade elevation; and by harrowing, dry rolling and breaking clods, the earth shall be brought to finely divided condition. All boulders, hardened material, or rock en- countered shall be removed and the earth shall be uniform for the full depth and width of the sub grade. C. The loose earth shall then be thoroughly watered, in a uniform manner and quanity, so that the penetration will be at least four (4) inches and as uniform as possible to obtain. D. The earth shall then be harrowed to mix the wet earth with the dry beneath, until the whole mass of loose material is at the proper state of moisture for compaction. E. The finished subgrade, immediately prior to placing subsequent material thereon, shall be in accordance with applicable parts of the Standard Specifications for Class 2 Aggregate Base. F. The finished surface of the subgrade at any point shall not vary more than O. 05 foot. above or below the elevation indicated on the drawings. Division 2 SUBGRADF PREPARATIO'~'T AND BASE MATERIAL Page 2 of 3 G. Subgrade that does not conform to the above requirements shall be reshaped and recompacted to conform, all at the Contractor's ex- pense. 4. AGGREGATE BASE - CLASS 2 A. Materials: Aggregate Base shall be Class 2 and free from vegetable matter, and other deleterious substances. The percentage com- position by weight of aggregate base shall conform to Section 26 of the Standard Specifications. B. Deliver to site as a uniform mixture and spread each layer in one operation without segregation. C. Spreading: Class 2 Aggregate Base shall be readily compacted and spread with equipment that will provide a uniform layer conforming to the planned section and as specified in Section 26 of the Standard Specifications. D. Under the tennis courts there shall be an eight (8) inch thickness . aggregate base. The base material shall be spread and compacted in two (2) layers of approximately equal thickness, and construction and material shall conform to Section 26 of the Standard Specifications. A sufficient number of grade stakes shall be set across the court to assure accuracy of slope. 5. CONDUITS, PIPING, ETC. A. All electrical conduits shall be laid, trenches backfilled and com- pacted prior to placing of aggregate base. All "stub ups" of this work shall be carefully protected from damage during placement of stabilized base., B. Compacting: Aggregate base material shall be watered in a uniform manner and quantity to provide the proper state of moisture for com- paction. C. The relaitve compaction of each layer of compacted base material shall not be less than 95 percent as determined by Test Method No. California 216. D. The surface of the finished aggregate base at any point shall not vary more than O. 05 inches. . Division 2 SUBGRADE PREPARATIOH AND BASE MATERIAL Page 3 of 3 6. CLEANUP Upon completion of the subgrade preparation and base, the Contractor shall remove all surplus construction materials, earth and debris re- sulting from his work so that the entire job site is left in a neat and orderly condition. Technical Specifications Division 3 ASPfLt\LT CONCRETE PAVING Page 1 of 2 1. GENERAL The General Conditions, Supplemental General Conditions, Special Con- ditions, General Requirements shall apply to ~.ll work of this Division. 2. SCOPE OF WORK Asphalt concrete paving, including practice tennis courts on either side of handball courts, and two (2) inch thick asphaltic concrete paving on eight (8) inch aggregate base at te!1nis court areas. 3. RELATED WORK IN OTHER DIVISIONS A. Subgrade preparation and base material, Division 2. 4. MA TERIA LS A. Prime Coat: Liquid asphalt (SC -70) in conformance with Section 93 . of the Standard Specifications. B. ,Tack Coat shall be diluted SS-l or SS-lH Emulsion, or an undiluted RS-1 Emulsion, and shall conform to Section 94 of the Standard Specifications. C. Fog Seal Coat: Diluted SS-l or SS-lH Emulsion, and conform to Section 94 of the Standard Specifications. D. Paving Asphalt shall be steam refined penetration Grade 85 -100 in conformance with Section 92 of the Standard Specifications. E. Aggregate: Coarse and fine aggregate, and shall be Type B. (1) Aggregates for asphalt concrete surfacing at tennis courts shall be 3/4 inch maximum medium grading. (2) Aggregates for asphalt concrete surfacing at walks and related surfaces shall be 3/8 inch maximum grading. 5. CONSTRUCTION A. C1.ass 2 Aggregate Base shall be spread, placed and compacted in conformance \vith Section 26 of the Standard Specifications, and Subgrade Preparation Division of the Specifications herein. Divis ion 3 ASPHALT CONCRETE PAVING Page 2 of 2 B~ Prime Coat: Before placing asphalt concrete on an untreated base, apply a liquid asphalt prime coat to the base course in accordance with provisions set forth in Section 39 of the Standard Specifications. Prime coat shall be applied at the rate of O. 25 gallons per square yar d. C. Tack Coat: Before placing asphalt concrete, an asphalt emulsion tack coat (paint binder) shall be applied to all vertical surfaces of existing pavement, construction joints, and headerboards; all in accordance with Section 39 -4 of the Standard Specifications. Apply at the rate of O. 10 gallons per square yard. D. Fog Seal: A fog seal coat shall be applied to all finished surfaces of asphalt concrete pavement in accordance with the provisions of Section 37 of the Standard Specifications. Fog seal coat shall be applied at the rate of from O. 05 to O. 10 gallons per square yard. E. Asphalt Concrete: Proportion, mix and place in conformance with the applicable provisions in Section 39 of the Standard Specifications. 6. TOLERANCE The finished asphalt pavement, where not controlled by adjacent structures or features, may vary not to exceed O. 10 foot above or below the planned grade, providing it is uniform and free from sharp breaks. The cross section of the finished pavement shall be free from ridges and valleys, and be within 0.05 foot above or below the theoretical section at any point . on the cross section. The thickness of the finished pavement shall be not less than 0.01 foot less than the planned thickness of any point. 7. CLEANUP Upon completion of the asphalt concrete paving, the Contractor shall re- move all surplus construction materials, earth and debris resulting from his \\0 rk so that the entire job site is left in a neat and orderly condition. Clean all splash off concrete, headerboards, equipment and all adjacent appurtenances. . Technical Specifications Divis ion 4 CONCRETE Page 1 of 9 1. GENERAL . The General Conditions, Supplemental General Conditions, Special Con- ditions, General Requirements shall apply to all work of this Division. 2. SCOPE OF WORK Includes all labor, material, power, tools, transportation, service and equipment necessary for and properly incidental to the furnishing, in- stallation and completion of all plane and reinforced concrete work in- dic~.ted on the drawings and specified herein. Includes but is not limited to: A. Foundations and footings. B. Mass concrete and concrete slabs. c. Formwork and shoring. D. Reinforcing steel. E. Installation in concrete of bolts, inserts, sleeves, water stops, metal joint strips and miscellaneous iron. Provide coordination to insure that all subcontractors furnish accessories punctually, and accurately inform the General Contractor of embedment loca- tions. F. Finishing and curing. G. . Concrete work connected with plumbing and electrical work. H. Tilt-up wall panels at Handball Courts. 3. SAMPLES Samples of all materials under this Division Ehall be supplied as required for testing, as specified hereinafter or as directed by the Landscape Architect. 4. GENERAL REQUIREMENTS - SPECIFICATIONS A. All material s shall conform to the applicable current editions of the Standard Specifications for concrete work and to these Specifica- tions. Division 4 CONCRETE Page 2 of 9 B. Workmanship shall be equal to the best practice in modern con- struction. All work shall be first class in all respects. Con- tractor shall exercise care to make a uniform dense concrete of required strength and mix, true to elevations and line indicated on the drawings. 5. MA TERIALS A. Cement: Type II and conform to Standard Specifications, Section 90, ASTM C -150. A single bra.nd of cement shall be used for all con- crete exposed to view. B. Aggregate shall conform to ASTM C -33. (1) Fine Aggregate shall consist of clean, natural washed sand, well shaped, hard, durable particles. Varying from fine to particles passing a 3/8 inch screen of which at least 12 per- cent shall pass a 50 mesh screen. (2) Coarse Aggregates shall be uniformly graded between the maximum size, 3/4 inch, and the minimum size No. 4 and shall consist of clean, hard, fine grained, sound, crushed rock or washed gravel. (3) Sand shall be a natural sand consisting of well shaped hard durable grains. It shall contain not more than 2 percent of silt and clay by weight and be free of detrimental amounts of alkali, mica, weak particles, injurious organic matter, or other deleterious matter. The specific gravity shall be not less than 2. 65. Sand shall be well graded within limits of ASTM C-144-66T. C. Water shall be free from acid, alkali, organic matter or other impurities detrimental to the concrete. D. Reinforcing Steel shall be deformed billet-steel bars conforming to ASTM A615 -68. E. Welded Wire Mesh shall conform to ASTM A-185 -68. F. Expansion Joint: Expansion joint filler conforming to ASTM D545 -67, 3/8 inch thick, the full depth of concrete section. Non-extruding. Division 4 CONCRETE Page 3 of 9 G. Aggregate Base: Class 2 Aggregate Base. (Refer to Division 2D, Subgrade Preparation and Base Material. ) H. Integral Color: Color and quantity schedule as indicated on the drawings. I. Admixtures: (1) Air -entraining Agent: Master Builders Biscol Resin, Sika AER, Sika Chemical Corporation, or approved equal. (2) Water -reducing Agent: Pozzolith 3L, Plastiment Admixture, Sika Chemical Corporation, or approved equal. J. Curing Compound shall be "Westcure" process, West Chemical Products, Inc., Berkeley. K. Forms for Concrete: (1) Plywood, steel, shiplap or paper lined sheathing. Plywood (waterproof) treated for preservation and ease of stripping, Burke Form Sealer or A. C. Horn Formfilm. (2) Lumber of grade and sufficient strength to provide forms which will produce straight and true concrete surfaces at locations where concrete will remain exposed. (3) Foundations may be poured neat in earth trenches provided earth is: (a) stable, solid and reasonably true to lines and grades shown on the drawings, and (b) footing width is in- creased by two (2) inches from dimension given. (4) Forms for pavement shall be 2x4 Douglas Fir. Curved shapes may be formed with sheet metal or plywood. 6. DEPTH OF FOOTINGS Bids shall be based upon depth of footings as shown or down to undisturbed soil as specified. No additional payment shall be allowed where deeper excavations are required because of over excavation. All footings shall bear on solid undisturbed earth, or on compacted subgrade. 7. PREPARATORY WORK Concrete construction to receive work of other trades, or for other materials or items, shall be performed hereunder. Proper provisions Division 4 CONCRETE Page 4 of 9 shall be made for all recesses, anchorages, blocking, inserts and like items. Notify other trades for their installations and preparatory work well in advance of placing concrete. 8. FORMWORK - CAST IN PLACE CONCRETE A. All forms shall conform strictly to shape, lines, dimensions and details of concrete work as detailed. B. Design and construct forms to prevent spreading, shifting, settling, or leaking when concrete is deposited. Forms shall resist deflections of more than 1/8 inch between supports after concrete is placed. C. All wood borad and strip forms shall be thoroughly water soaked 12 hours prior to concreting. D. Forms shall be chamfered only at locations indicated on the drawings and by means of mouldings placed in forms. E. Form coating shall be applied before placing reinforced steel. F. .Reuse of form material will be allowed after thorough cleaning. 9. PLACING OF REINFORCING STEEL A. Accurately locate reinforcing steel in the forms and firmly hold in place before and during the placing of concrete by means of wire supports to prevent displacement during the course of construction and to keep the steel at proper distance from the forms. Firmly and securely hold in position as specified in Section 52 - 1. 07 of the Standarq Specifications. B. Bar coverage shall be to outside face of bar. Steel shall be placed and lapped as per Section 52 of the Standard Specifications. c. Wire mesh shall be rolled flat before placing concrete and supported on chairs to height indicated on the drawings. D. All reinforcing steel shall be inspected by the Landscape' Architect prior to concreting. Reinforcing steel placed in walls shall be in- spected by the Landscape Architect prior to closing of outer forms. . Division 4 CONCRETE Page 5 of 9 10. HANDBALL COURTS A. Schedule floor slab construction to provide base for pouring tilt- up wall panels, and time for curing panels, to assure complete operation within the contract period. Contractor has option of pre- casting panels off-site and moving them in for installation. B. If court slab is used as base, a center strip of slab 16' _6" wide by full length of both courts may be poured, with tongue and groove construction joints formed on either edge parallel wi th wall lines. Reinforcement as detailed to continue uninterrupted for full width of courts. c. Procedure at B acceptable, provided final completed slab has no ridges at the ,construction joints and no cracks. See Surface Tol- erance below. D. Lifting rings shall be carefully located to avoid unsightly ultimate appearance, and shall be sacked and smoothed if in playing areas of panels. E. ,Interior face of panels (handball court side) shall be the under side of panels when poured. F. Extend reinforcing at edges of panels where they will join, for positive cast-in-place vertical connection between them and with cross wall. G. Careful placement of steel required where bottom edges of pre- cast panels join the footing and portions of slab of the final pours. H. Where walls are joined by formed cast-in-place connections, this concrete shall be carefully treated by sacking to provide a texture and finish matching the pre -cast work. . 11. CONCRETE WITH INTEGRAL COLOR A. Integral color as specified shall be added to concrete work in hand- ball court wall and slab at the rate of three (3) lbs. per sack of cement. ' B. Metallic oxide additive required only at locations to receive integral color as indicated on the drawings. . Division 4 CONCRETE Page 6 of 9 C. A single brand of cement and identical sand and aggregates shall be used. The exact quantities of water per batch shall be maintained on all colored concrete batches. 12. 'EXPANSION JOINTS A. Where shown expansion joints shall be installed as per manufacturer's directions where indicated on the drawings. Tool all corners of paving at joints. Expansion joint in walls shall be cut back 3/4 inch . from face of wall and edges tooled. Insert 3/8 inch asphalt impre- gnated fiberboard at joints. 13. SCORE JOINTS Score at least 1/5 the depth of slabs at interval indicated on the drawings. The width of control joints shall not exceed 1/8 inch and the edges of con- trol joints shall be finished with a "T" bar for a rounded edge. 14. DESIGN MIXES A. General Contractor, at his own expense, shall submit to the Land- scape Architect mix design, or mix designs, based on tests of the materials which will be used by the Contractor's supplier of transit- mix concrete for this project. These mixes shall be designed to meet the following strength, slump, and shrinkage limitations: (1) Handball Court slabs and footings: Ultimate strength at 28 days, not less than 2, 500 psi. (2) Slump: 3 inch maximum. Use of granite or limestone aggregate may be advisable. 15. TEST CYLINDERS A. Cylinders shall be standard 6x12 inches. Contractor shall provide standard empty can forms to person experienced in performing this particular work employed by City of Gilroy. B. Contractor shall request arrangement for three (3) cylinders to be cast for each day of pour for each different mix used that day. c. Contractor shall be responsible for ascertaining that all test cylinders are clearly dated, maked with location in the structure where con- crete was placed, and identified by number of mix design used. Division 4 CONCRETE Page 7 of 9 D. The test cylinders shall be carefully stored at the site under same curing conditions as the concrete poured. Contractor has option of using one of each three (3) cast for seven (7) day break test. E. If requested by either the City Engineer or the Landscape Architect, the Contractor shall, at Owner's expense, have a testing laboratory break one (1) cylinder from each of all of the 28 day samples to verify strength of the concrete at various locations. F. If after 28 days curing, should any clyinders test below the required strength, the Contractor, at his own expense, shall promptly change the mix as necessary, and take further test and proper action to correct the deficiency. G. If these test,. in the opinion of the Landscape Architect, indicate that the concrete is not satisfactory, the defective concrete shall be re- moved at the Contractor's expense. 16. PLACING CONCRETE A. Before depositing concrete, all equipment for mixing and trans- . porting the concrete shall be cleaned. Remove all wood chips, shavings and other debris from the interior of the forms, and thoroughly wet forms. Reinforcement shall be cleaned, if nec- cessary, prior to plaCing concrete. B. Reinfar cement and other work embedded in the concrete shall be securely in position before pouring. Remove free standing water and divert ground water from forms and exc,avations. C. Deposit concrete in continuous and complete pours between joints to the full height of forms. Excess material shall not be placed as a partial pour but s,hall be dumped on the site and later removed. NO leftover material is to return to batching plant in truck. D. Concrete shall be kept continuously wet for ten (10) days after placing and covered as required by the Specifications. E. Compaction: (1) Concrete shall be thoroughly compacted by puddling with suitable fools during placing and thoroughly worked around the reinforcements, around embedded fixtures and into the corners of the fonns. In addition to manual spading and tamping, all concrete shall be internally vibrated with high- . Division 4 CONCRETE Page 8 of 9 speed mechanical vibrators operated under experienced super- vision. A mechanical vibrator in good working order, but not in use, shall be kept on the job until all concrete is placed. (2) All mass concrete shall be adequately vibrated following place- ment of concrete in forms. Faces of forms shall be vibrated to reduce air pockets. At joints and edges of pathway pave- ment, supplement vibrators with forking and spading to insure dense edge. F.. All construction keyways and joints between adjacent pours shall be thoroughly wetted and slushed with a coat of neat cement paste be- fore proceeding with next pour. 17. FORM REMOVAL Upon removal of forms, all bolts, wires, ties, spreaders, etc., shall be removed, cut or broken back at least one (1) inch below the surface of the concrete and the resulting imprint chipped out as required and patched with mortar as specified. All projecting fins shall be removed and all other minor irregularities in exposed concrete surfaces shall be removed, or cut back and patched as directed by the Landscape Architect. All other work stained by leakage of concrete shall be cleaned and repaired. 18. FINISIITNG Workmanship shall be of the highest standards. During finishing, cement shall not be applied to dry the concrete surface. Surfaces shall be con- sistently finished throughout the job. Scored joints shall be straight and leveL Finish all concrete as indicated on the drawings. A. Tooling: Tool the edges of expansion joints and as indicated on the drawings. B. Tolerances: All concrete elements shall be constructed to the following tolerances: Linear dimension 1/8 inch; slab deviation from a true plane 1/8 inch in 10 feet. c. Fine Brush Finish: The freshly placed slab shall be compacted and screeded uniformly to grade. Push large aggregate below the surface with screen tamper, screed and bull float. As soon as the surface becomes workable, it shall be wood floated, then steel troweled to a uniform smooth, hard surface. Follow immediately by drawing.hair broom acroos surface at right angles to long direction of panel, or as indicated on the drawings. Division 4 CONCRETE Page 9 of 9 D. Coarse Broom Finish: Place as above, follow wood floating by drawing ~a stiff bristle broom in direction indicated on the drawings. E. Steel Trowel: Place as above, and steel trowel smooth to a hard, uniform surface. 19. DEFECTIVE CONCRETE If any concrete work is not formed as indicated, is understrength concrete, concrete out of line, level or plumb, or showing objectionable cracks, honeycomb, rock pockets, voids, spalling or exposed reinforcing, it shall be repaired or removed and replaced as directed by the Landscape Archit- ect. All cleaning, patching am repairs shall be subject of Landscape Architect's approval and acceptance. 20. CURING AND PROTECTION OF PAVEMENTS A. Cure pavements and slabs by tIE "Westcure" process (West Chemical Products, Inc., Berkeley). Two hours after completion of trowelling or exposing, apply a uniform spray coat of the curing compound as directed by manufacturer. B. Finished concrete shall be protected at all times from damage. After completion of curing period, pavements shall be protected from damage by equipment and other operations until final accept- ance. Protect nosing of steps with planking. 21. CLEANUP During construction, keep area clean and clear as possible. Clean up and remove from the site all spillage, overpour, discarded forming materials, rejected work or materials, and all refuse or debris resulting from this work. . Technical Specifications Division 5 METALS Page 1 of 2 1. GENERAL The Gmeral Conditions, Supplemental General Conditions, Special Con- ditions, General Rquirements shall apply to all work of this Division. 2. SCOPE OF WORK The work includes: A. Furnish and deliver, complete all manufactured and fabricated metal. B. Furnish shop drawings as required. c. Galvanizing. D, Shop priming. E. Fasteners and accessories. 3. MATERIALS A. Miscellaneous steel plates and structural steel shapes shall con- form to ASTM A -36 -69. B. Steel Pipe: (Structural pipe columns) - ASTM A-53 -69A, Grade B. c. Bolts: Structural grade steel, ASTM A307 -68, with suitable nuts and washers, all galvanized. D. Nails: Common wire, galvanized. E. Screws shall be galvanized, ainc electro -plated or brass. F. Paint: Red Lead Primer. 4. WELDING A. All welding shall be in accordance with the latest A WS Standard, and shall be done by certified welders, prequalified by tests as prescribed by 'tIE "Qualification Procedure" of the American Welding Society. Any welds found to be defective must be cut out and replaced. Any welder not doing satisfactory work may be re- moved by the Landscape Architect and be required to pass the Qualification T est again. Division 5 METALS Page 2 of 2 B. All welded connections must be electrically welded by welding machines of an approved direct current low-voltage type. C. All surfaces to be welded shall be free of loose scale, slag, grease, paint, or other foreign materials. D. All parts of members to be welded to each other shall be rigidly held together while welding. 5. GALVANIZING A. Galvanize fabricated items, after fabrication in accordance with ASTM A123-66. See drawings for items to be galvanized. B. Parts shall be made in suitable sections. First clean in a hot piCkling bath to remove all scale and then rinse clean with clear water. After pickling and wahsing, dip parts in liquid zinc tank sufficient length of time to heat parts to zinc temperature, then remove and allow to drip and cool; straighten as required. 6. WORKMANSHIP A. All work shall conform to the American Institute of Steel Construction Specifications for design, erection and fabrication and acceptable standards of good practice. B. Finished members shall be true to line and free from twists and bends. All weld in exposed work shall be ground or chipped smooth before painting. 7 . INSTALLATION Set all items straight and plumb, and as indicated on the drawings. 8. PAINTING Paint structural steel with one (1) shop coat of red lead or approved equal. Structural steel to be encased in concrete or field welded shall be un- painted. All foreign substances shall be removed from steel prior to encasement in concrete. After erection, all field bolts, field welds and all abrasions to shop coat shall be spot painted with the above material for shop coat. Fabricator shall submit steel details to the Landscape Architect for approval before commencing fabrication. . Technical Specifications Division 6 CHAIN LINK FENCING Page 1 of 3 1. GENERAL The General Conditions, Supplemental General Conditions, Special Con- ditions, General Requirements shall apply to all work of this Division. 2. SCOPE OF WORK Furnish all labor, materials, equipment necessary to install complete tIE fencing and gates indicated on the drawings and specified. 3. SUBMITTALS Submit for approval four (4) copies of descriptive literature covering posts, rails, fabric and hardware for fences and gates. 4. MATERIALS A. Posts: Standard seamless galvanized steel pipe, ASTM A120-68A. B. Horizontal Rails: (Top, center and bottom for all fences) Standard seamless galvanized steel pipe, ASTM A120-68A. C. Fabric: Open hearth steel woven mesh, hot dip galvanized after fabrication. Minimum 1. 2 ounces per square foot of wire surface, free of spurs and barbs of zinc on surface of wire; 11 gauge wire, 1-3/4 inch mesh. Knuckled top and bottom, single width fabric to full height of fence; all fencing in this Contract. D. Gate Frames: Standard galvanized steel pipe, 1-5/8 inch O. D. E. Truss Rods: 3/8 inch diameter, steel rod, galvanized with truss tightener am fittings. F. Ties: 11 gauge galvanized wire. G. Fitting and Hardware: Galvanized. H. Bars, Band, Clips, Bolts, Etc: Galvanized steel. I. Malleable tops.for all corner, gate and term inal posts. Galvanized. Division 6 CHAIN LINK FENCING Page 2 of 3 5. FENCE SCHEDULE (See drawings for locations) , Fence Diameter & Weight of Posts Horiz. Maximum Height End & Gate Line Rails Post Spac ing 12'-0" 3" o. d. 5.79# 2~" o. d. 3.65# 1-5/8" o. d. 10'-0" 6'-0" 2~" o. d. 3.65# 2~" o. d. 3.65# 1-5/8" o. d. 10' -0" 3' -0" 2" o. d. 2.72# 2" o. d. 2. 72# 1-5/8" o. d. 8'-0" 6. POST DEPTHS (Depths measured from plane of finished tennis court pavement. ) Fence Height Bottom of Posts Bottom of Concrete 12' _0" 6' -0" 3' -0" line posts 3' -0" gate posts 3'-8" 3'-0" 2'-0" 2'-6" 4' -0" 3'-4" 2'-4" 2'-10" 7. GATE ACCESSORIES AND HARDWARE A. Fabric: Match fence fabric. B. Malleable iron corner fittings. C. Cross truss bracing. D. Provide horizontal bar and transom panel over gates in high . fencing. E. Hinges of all gates shall off -set, as directed, to permit 180 degree swing if required by the Owner. Bottom of gate shall be socket type. After hinges are placed, final adjustements made, and bolts tightened, the hinge clamp and gate post at each location shall be mutually drilled and tapped and a 1/4 inch machine bolt set to lock hinge in pas ition. This applies to all hinges. F. Latches and Accessories: (1) All single gates shall have a sliding fork latch with int egral lock pin, and lockkeeper guide. Hinged fork latch is not acceptable. Division 6 CHAIN LINK FENCING Page 3 of 3 (2) Double gates shall have plunger bar locking device equipped with at least two latch forks, and capable of being padlocked. Furnish and install gate hold back for each gate, and plunger bar catch. Set hold backs and catch in concrete. 8. INSTALLATION A. Set posts evenly spaced, plumb and true to lines, with top line uniform. B. Bracing: At ends, corners. and at gates in fences, install diagonal truss rods, and midrail braces where standard good practice in- dicates, and as called for on the drawings. C. Fabric Attachment: Favric shall be attached to line posts with fabric bands or clips spaced approximately 14 inches apart, and to sop rails, mid rails, bottom rails and tension wires with wire ties spaced 24 inches apart. At all corners and vertical ends of fabric, install stretcher bars banded to posts and gate frames at 24 inches maximum. D. ,Rails: Splices in top rails shall be made with couplings at approxi- mately every 20 feet. Coupling shall be such as will produce a con- tinuous brace of railing from end to end of each stretch of fence. Every fifth coupling in a stretch shall be fitted with a heavy spring to allow for expansion and contraction of rail. Rails shall be rigidly clamped to end and corner post with appro- priate fittings. Mid and bottom rails shall be clamped at each post. E. Stretch all fabric tight, free from sags and bulges. 9. COOPERA TION Close cooperation is required between subcontractors involved in con- structing fences and tennis courts. The General Contractor is responsible for coordinating the work to achieve an unpatched finish court surfacing around fence posts, as shown on the drawings. Technical Specifications Division 7 TENNIS COURTS Page 1 of 3 1. GENERA L The General Conditions, Supplemental General Conditions, Special Con- ditions, General Requirements shall apply to all work of this Division. 2: SCOPE OF WORK Furnish all labor, materials, equipment, appliances, transportation for complete installation of net posts and sleeves, surface course, color seal surface treatment, and line stripping. 3. WEATHER LIMITATIONS No parts of the construction involving surface course materials or asphaltic base courses shall. be conducted rluring rainfall or \\h en rainfall is imminent, or unless the air temperature is at aleast 50 degrees F. and rising. 4. FENCING, BENCHES AND NET POSTS Fence posts, net posts, and tie down eye shall be set after the installation of surface courses, but prior to placing of finish course. Fence fabric shall be installed and approved prior to placing of finish course. 5. DELUXE NET POSTS WITH CENTER TIE -DOWN A. Net posts shall be fabricated from 4-1/2 inch diameter heavy-duty steel pipe. The reel shall be internal worm gear wind and shall be made of bronze or brass. B. The posts shall be set 30 inches deep and shall be embedded in con- crete 24 inches in diameter by 40 inches deep, and shall bear on a bolt through the post at the 18 inch depth. Posts shall be Jamison No. 351-404, Patterson-Williams No. A-39, or approved equal. C. Anchors for tennis net center strap tie -down shall be 1-5/8 inch pipe, 9 inches long with the bottom 2 inches flattened togethEr and a 1/4 inch pin centered in tre top. This anchor shall be set in con- crete six (6) inches by six (6) inches by 12 inches in depth. 6. COOPERA TION Close cooperation is required between subcontractors involved in con- structing fences and tennis courts. The General Contractor shall be responsible for coordinating the work to achieve an unpatched finish court surfacing around fence posts. . Divis ion 7 TENNIS COURTS Page 2 of 3 7. SURFACE COURSE: A final wearing surface course 3/4 inch in thickness of bituminous con- crete in accordance with appropriate State Specification for aggregate and asphalt content. Aggregate gradations shall not exceed 3/8 inch in maxi- mum size in any case. Application shall be made to attain final required slope, pitch and grade with no variations greater than 1/8 inch along a 10 inch straight edge in any direction. The surface shall be rolled free of any roller marks, ridges, and voids shall be repaired. The surface shall be checked by flooding and marked for depressions. The asphalt shall cure for seven days prior to applying the Plexipave Acrylic Color System. 8. FINISH COURSE (Plexipave Color System) A. Materials for this system shall consist of Plexipave Acrylic Filler Coat and Plexichrome Acrylic Color Finish as manufactured by California Products Corporation, Cambridge, Massachusetts. Materials for the Color System shall arrive at the site in sealed, properly label containers. B. Prior to applying this system, the net sleeves, benches and fencing shall be installed and approved by the Landscape Architect. C. The surface shall be brushed or blown free of all dirt and foreign matter. . D. Over the asphaltic surface course, apply two (2) coats of Plexipave .Acrylic Filler Coat in accordance with the manufacturer's directions at the rate of not less than O. 08 gallon per square yard total for the two (2) coats (64 gallons for 800 square yards). If the asphaltic surface course is not covered to a uniform, even texture free of all porosity, a third filler coat shall be applied to attain uniformity. The first coat shall be applied lengthwise of the court and the second coat crosswise the court. Dilution rate will not exceed one (1) part water; two (2) parts filler coat. E. Prior to applying the Filler Coat, a final, careful inspection of the entire surface shall be made to remove any ridges, loose or foreign particles. F. The final Finish Coat of Plexipave (Plexichrome) shall be applied as directed by manufacturer at a rate of not less than O. 04 gallon of material (32 gallons per 800 square feet). The application shall . Division 7 TENNIS COURTS Page 3 of 3 be made lenghtwise of the courts with a wide hair type push-broom and shall produce a uniform color throughout when viewed from a distance of 25 feet from any edge of the court at mid-day. Dilution rate will not exceed one (1) part water; one (1) part Finish Coat. G. Colors shall be "Dark Green" inside the field of the "doubles court" lines, and "Red" outside over the balance of the courts. Colors shall be: (1) Plexipave: C -34 Red C -32 Dark Green (2) Plexichrome: B-34 Red B -32 Dark Green 9. PLAYING LINES Forty-eight hours minimum after completion of surface construction, two (2) inch wide playing lines shall be accurately located, and applied by brush or spray free of any fogging or overspray. Line paint shall be White Plexicolor Line Paint as suitable to the color system used. Lines shall be standard double courts for tennis courts. 10. TRAFFIC The area shall be protected from traffic during all operations and shall not be opened for use for at least 24 hours after the finished surface has dried completely. Gates shall be secured at all times until acceptance by the City of Gilroy. 11. CLEANUP Upon completion, the Contractor shall remove all containers, surplus materials and debris, and leave the site in a clean and orderly con- dition acceptable to the City. All splatter shall be removed from fencing net posts, and benches before acceptance. 12. GUARANTEE This Contractor sh~ll guarnatee tennis courts surfacing against settle- ment, peeling of surface, and any other defects of materials or work- manship for a period of one (1) year from acceptance.