LIST OF INSTRUCTIONS FOR EXECUTION OF CONTRACT Your special attention is called to Paragraph 5 of the General Provisions, Standard Form 23A, covering damages for delays, etc., particularly that portion which requires that the Contracting Officer be notified in writing within 10 days from the beginning of any delay. Your attention is also called to Section ↳ of the specifications concerning submission of shop drawings, list of equipment, samples, cortificates and photographs to this office for approval. Please furnish a breakdown of the main branches of work, totaling the amount of the contract. If partial payments are desired, submit an estimate each month of work completed in the various branches with labor mports to cover the estimated amount. In accordance with the provisions of the specifications and conditions, you are required to cxccuto the enclosed forms of contract, performance bond and payment bond within fifteen (15) calendar days after receipt thur:of. Four copies of the contract documents are enclosed. You may retain the one marked "Copy for Contractor". The three romaining copies are to be completely executed and returned here. Also enclosed aro posters concerning Wage Rate Information and Equal Economic Opportunity which you are requested to display in a conspicuous place at the job sito. It is necessary that weekly labor reports be signed by the contractor or his authorized representative. Please submit the names of employees authorized by you to sign those documents. Your subcontractors must also furnish namos of employees authorized to sign labor reports. Payrolls and affidavits submitted under an unauthorized signature will not be accepted. Enclosures 6 Exhibit 16--Letter from Earl H. Lund, Regional Director, Public Buildings Reference is made to following contract now in force in the building under your custody: We are enclosing a contract folder containing a set of specifications, etc. which are to be retained in said folder and not removed from the building. You are requested to place this letter and all subsequent correspondence, including approved shop drawings, in this folder with all matters pertaining to the contract. Your assistance in supervising the work will be appreciated. You are the Government Representative, as defined in Paragraph 1-3(a) of the General Conditions, except when an engineer from this office is present at the site. We request that you check the work included in the contract to the best of your ability, but we will not hold you responsible for errors in Judgment. In order to properly supervise the work, we believe it is essential that you carefully read the specifications. The provisions of the contract must be followed by the contractor in the performance of the work. Two important items are called to your attention in connection with this con--tract the date work is started and the date it is completed. We request that you be sure to notify this office of each date. R6-157-1 Rev. 2-1959 In case the specifications require painting work end plaster patchin ̧, we invite your attention to the following significent provisions hich require special supervision: (1) Paint materials furnished by the contractor should be (2) The washing of plaster walls is usually required and (3) lood surfaces to be painted or varnished require special (4) Plester repairs should be made in a workmanlike manner. (5) A careful check should be made of the number of coats of Regulations governing contracts with the Government over $2,000.00 in amount require affidavits and payrolls to be submitted to the Regional Office each week covering all labor performed at the site during that period. Contracts under $2000.00 in amount require weekly affidavits only. Payments will not be made until these labor reports are received for work included. Your reminding the contractor and all sub-contractors of this requirement ill facilitate processing of payment vouchers. When possible we will assign an engineer from this office to make inspections during progress of the work or after completion. Due to limited funds, we are not able to furnish this service on the smaller contructs. In any case, we will appreciate your opinion of the contractor's performance when advising this Regional Office of completion of the work. Please accept our thanks for your valuable assistance and cooperation in securing the desired results by your supervision of this contract. Should the specifications, dra:rings, or any part of the work not be clear to you and additional information or interpretation be required, kindly write to this office, attention Chief, Construction Branch, 2306 East Bannister Road, Kansas City 10, Missouri or telephone Herson 1-0860, Extension 242 243, or 244. Sincerely yours Earl H. Land Regional Director, PES R6-157-2 Exhibit 17--Specifications and invitation to bid on new movable partitions SEALID BIDS in Quadruplicate covering work described in specifications, schedules, drawings and conditions ontitled and dated as follows: New Movable Partitions will be received at the Did Receiving Office until and then publicly opened. December 8, 1959 2:00 P.M. C.S.T December 29, 1959 Sealed envelopes containing bids shall be addressed to the Bid Receiving Office and shall be marked to show: PB-30 60071 Time and Date of Opening; 2:00 P.M. C.S.T. Dec. 29, 1959 Tho undersigned agrees, if tas vol is setupte 1 within 30 Candır daya aller ditu wa joning, to congdow will tru specified in strict accordance with the above-identified documents and the General Provisions on the reverso horef, within 45 calendar days after receipt of notice to proceed, for tho feilowing amount 1. That he is, is act, a small business concern. For this purpose, a small business concern is cao that (a) is independently-owned and operated, (b) is not dominant in its field of operation, and (c) with affiliates, bad average annual receipts for the preceding three years of $5,000,000.00 or less. (Sec Code of Federal Regulations, Title 18, Part 103, as amended, for additional information.) 2. That ho operates as an □ individual, portnership, corporation, incorporated in State of The undersigned further agrees, if this bid exceeds $ 2,000 to CCMPLY with the Labor Standards Provisions Applicable to Contracts in Excess of $2,000 (Standard Form 19A in lieu of those in Provision 10 hereof; TO PAY not less than the minimum hourly irates of wages set forth in the specifications; and TO FURNISH a performance bond in an amount equal to 100% and a payment bond in an amount to 50% of the contract price with surety or sureties acceptable to the Government. Bids over $2,000 in amount must be accompanied by bid guarantee of 2% of amount of bid but not less than $ 200. See Paragraph 4, Standard Form 22. Acknowledge all addenda in this space: You are directed to proceed with the work upon receipt of this Award. Notice to proceed will be issued upon receipt of acceptable payment and performance bonds. GENERAL PROVISIONS 1. CHANGES AND CHANGED Conditions. - (4) The Contracting Officer may, in writing, order changes in the drawings and specifications within the general scope of the contract. (b) The Contractor shall, before proceeding further, notify the Contracting Officer in writing of subsurface or latent conditions differing materially from those indicated in this contract or unknown unusual physical conditions at the site. (c) If changes under (a) or conditions under (b) increase or decrease the cost of, or time required for, performing the work, upon assertion of a claim by the Contractor before final settlement of the contract, a written equitable adjustment shall be made; except that no adjustment under (h) shall be made unless the notice required therein was given or unless the Contracting Officer determines the facts justify its waiver. If the adjustment cannot be agreed upon, the dispute shall be decided pursuant to Clause 3. 2. TERMINATION FOR DEFAULT-DAMAGES FOR DELAY-TIME EXTENSIONS. (a) If the Contractor does not prosecute the work so as to insure completion, or fails to complete it, within the time specified, the Government may, by written notice to the Contractor, terminate his right to proceed. Thereafter, the Government may have the work completed and the Contractor shall be liable for any resulting excess cost to the Government. If the Government does not terminate the Contractor's right to proceed, he shall continue the work and shall be liable to the Government for any actual damages occasioned by such delay unless liquidated damages are stipulated. (b) The Contractor's right to proceed shall not be terminated nor the Contractor charged with actual or liquidated damages under (a) above because of any delays in comple tion of the work due to causes other than normal weather, beyond his control and without his fault or negligence, including but not restricted to, acts of God, acts of the public enemy, acts of the Government (in either its sovereign or contractual capacity), acts of another contractor in the performance of a contract with the Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, or delays of subcontractors or suppliers due to causes beyond their control and without their fault or negligence: Provided. That the Contractor shall within 10 days from the beginning of any such delay, unless the Contracting Officer shall grant a further period of time prior to the date of final settlement of the contract, notify the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time for completing the work when in his judgment the findings of fact justify such an extension, and his findings of fact shall be final and conclusive on the parties hereto, subject only to appeal as provided in Clause 3 hereof. 3. DISPUTES. — Any dispute concerning a question of fact arising under this contract, not disposed of by agreement, shall be decided by the Contracting Officer, who shall reduce his decision to writing and furnish a signed copy to the Contractor. Such decision shall be final and conclusive unless, within 30 days from the date of receipt thereof, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal, addressed to the head of the Federal agency. The Contractor shall be afforded an opportunity to be heard and to offer evidence. The decision of the head of the Federal agency or his authorized representative, shall be final and conclusive unless fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. Pending final deci sion of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. 4. RESPONSIBILITY OF CONTRACTOR. — At his own expense the Contractor shall: (a) obtain all required licenses and permits; (b) provide competent superintendence; (c) take precautions necessary to protect persons or property against injury or damage and be responsible for any such injury or damage that occurs as a result of his fauk or negligence; (d) perform the work without unneces sarily interfering with other contractors' work or Government activities; (e) be responsible for all damage to work performed and materials delivered (including Governm.... furnished items), until completion and final acceptance. 5. MATERIALS AND WORKMANSHIP. — The work shall be under the general direction and subject to the inspection of the Contracting Officer or his duly au thorized representative who may require the Contractor to correct defective workmanship and materials without cost to the Government. 6. PAYMENTS. Progress payments equal to 90 percent of the value of w performed may be made monthly on estimates approved by the Contracting Officer. Upon payment therefor, title to the property shall vest in the Government. The Contractor will notify the Government when all work is complete. Final payment will be made after final acceptance. 7. OFFICIALS NOT TO BENEFIT. No Member of or Delegate to Congress, or Resident Com missioner, shall be admitted to any share or part of th 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. 8. BUY AMERICAN ACT. The Contractor, subcontractors, material men, and suppliers must comply with the Buy American Act of March 3, 1933 (41 U.S.C. 10a-10d) and Executive Order 10582 of December 17, 1954 (19 Fed. Reg. 8723). (In substance the above require use of domestic materials except as otherwise authorized by the Act and Executive Order.) 9. NONDISCRIMINATION IN EMPLOYMENT. (a) In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: Employ. ment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of the nondiscrimination clause. (b) The Contractor further agrees to insert the foregoing provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials. 10. LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS NOT IN EXCESS OF $2,000. (a) Eight-Hour Laws-Overtime Compensation.-The Eight Hour Laws (40 U.S.C. 321-326) are applicable to this con. tract. (In substance they provide that laborers and mechanics employed by the Contractor or his subcontractors shall be paid not less than time and a half for work in ex cess of 8 hours a day. Violations are punishable as prescribed in 40 U.S.C. 322-324.) (b) Nonrebate of Wages.-The Regulations issued by the Secretary of Labor (29 CFR, Part 3) pursuant to the AntiKickback Act, as amended (40 U.S.C. 276 (c), 18 U.S.C. 874), are applicable to this contract. (In substance they provide that no deductions may be made from wages except those required by law or permitted by the Regulations, that contractors and subcontractors shall preserve for 3 years after completion of the work payrolls which contain for each employee, his name, address, correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid, and shall submit weekly a statement of compliance, the form of which is stated in the Regulations.) (c) Subcontractors-Termination.-The Contractor agrees to insert paragraphs (a) and (b) immediately above in all subcontracts. The term "Contractor" as used in such paragraphs in any subcontract shall be deemed to refer to the subcontractor. Breach of the requirements of this Clause 10 may be grounds for the termination of this contract. 11. CONVICT LABOR. In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing sentence of imprisonment at hard labor. January 1959. Reverse of Standard Form 19 US GOVERNMENT PRINTING OFFICE 1959 OF-495544 |