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Home My WebLink About55-76 RESOLUTIONRESOLUTION NO. ST -7(p A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH BRAUN EXCAVATING COMPANY FOR CONSTRUCTION OF THE TWENTY-SECOND STREET AND HIGHWAY 71 SEWER PROJECT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a contract with Braun Excavating Company for the construction of the Twenty-second Street and Highway 71 Sewer Project. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. PASSED AND APPROVED THIS Al/DAY OF eattalca, 1976. ATTEST: APPROVED: 27224-4,0;71.., MAYO(12-t. R jattatia)SLk CITY CLERK • 1 1 • • 55-7; • • SPECIFICATIONS FOR 22ND STREET SEWER HIGHWAY 71 SOUTH SEWER WORK ORDER #1435 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS • • D HUD PROJECT NUMBER 502-29 APRIL 11976 • CITY ENGINEER'S OFFICE • • Skla0f11.9, otkart . IZELL • • • • • 1 • TABLE OF CONTENTS PAGE ADVERTISEMENT FOR BIDS 1 BID BOND B.B.-1 PROPOSAL FOR SCHEDULE I 2 PROPOSAL FOR SCHEDULE II 5 PERFORMANCE AND LABOR AND MATERIAL PAYMENT BOND 1-S CONTRACT AGREEMENT 8 INFORMATION FOR BIDDERS I.T.B.-1 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS C.C.-1 CERTIFICATE OF OWNER'S ATTORNEY C.0,-1 GENERAL CONDITIONS OF THE SPECIFICATIONS 4-s SUPPLEMENTAL GENERAL CONDITIONS 27-S ANTI -KICKBACK ACT A.K.A.-1 DETAILED SPECIFICATIONS - PART I - CONTRACT STIPULATIONS 10 DETAILED SPECIFICATIONS - PART II - CONTRACT SPECIFICATIONS 12 DETAILED SPECIFICATIONS - PART III - MATERIAL SPECIFICATIONS 25 CURRENT WAGE RATES 1 1 1 1 1 1 1 1 1 1 1 1 '& • U.S. DEPARTMENT OF Ford:turn AND URBAN DEVELOPMENT ADVERTISEMENT FOR BIDS Project No. (Owner) HUD -4238-A (5-66) Separate sealed bids for for will be received by at the office of until o'clock (A.M. — P.M.. S.T . S , 19 , and then at said office publicly opened and read aloud. The information for Bidders. Form of Rid, Form of Contract, Plans, Specifications, and Forms of Bid Bond, Performance and Payment Bond, and other contract documents may be examined at the following: Copies may be obtained at the office of located at open payment of $ for each set. Any unsuccessful bidder, upon returning such set promptly and in good condition, will be refunded his payment, and any non -bidder upon so returning such a set will be refunded $ 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 in the requirements as to conditions of employment to be observed and minimum wage rates to he paid under the contract. No bidder may withdraw his bid within 30 days after the actual date of the opening thereof. • (Dote) GPO 169.156 WATER -SEWER SYSTEMS • TREATMENT FACILITIES PUMPING STATIONS BRAUN EXCAVATING CO. Route 4 • Phone: (417) 738-2751 Seymour, Mo. 65746 DeceMber 30, 1976 Darlene Westbrook, City Clerk City of Fayetteville, Arkansas P.O. Drawer F Fayetteville, Arkansas 72701 Re: 22nd Street and Hwy. 71 South Sewer Lines Dear Ms. Westbrook: CONTRACTORS • MUNICIPAL COMMERCIAL Enclosed please find six (6) copies of Certificate of Insurance for period from 1/1/77 to 1/1/78. As indicated in our letter of 12/8/76, we anticipated the work would be completed prior to the end of 1976, but our "Notice to Proceed," authorizes a starting date of 1/3/77, so the new evidences of coverage are required for contract compliance. WTT:rj Enclosures Very truly yours, BRAUN EXCAVATING CO. W. T. T. Tucker • SET TAB STOPS AT ARROWS • • Certificate of Insurance • THIS CERTIFICATE IS ISSUED AS A' MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS 4/P0t1 THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY Barker -Phillips, Inc. 1500 E. Sunshine Springfield, Missouri NAME AND F•PL'IFFSS CFF IN•ILLRI Braun Excavating Company Route 4 Seymour, Missouri 1Hs lc tc certify !Lot :etre le- • v • AICANy • HFIER A A A A EF1 3 GENERAL LIABILITY • it,APH ,1 • PREM., -F ••A/Ap, kJWWI 14G -F PW 3UC''F.F• •IFF, r'LL AUTOMGBILL LrARil CXCES-S-LIABILITY Fl!• WEAL° ILA I L.••" • F•AN JMi'FE, • 1:411: 1A5RKENS' COMPEN f ION a ad EMPLOYERS : - OTHER cL1 .ctei !F • N. ICC 991556 COMPANIES AFFORDING COVERAGES F P "YFFANY A B Y. C D E_ U.S.F. & G. • tc. inn yrcd n.trred aL, d.yr e - ' • I LowIts cif ' 1. h III), in 1 haNSAI•Ils ION 'No y i t I r„ „' , •,' • . H RI N 1 ---- i B00% - 500 11 500 1-1-78 1 1 i p9,1,, $250 1 250 •''DI" Pr 1 t1250 ICC 991556 1-1-78500 CEP 72987 1363900_117782 „ r _ —. • , crairiv. . .• ENt, a-.4-inrualwre.- • RIFFTION • IL •"-.71rP'A ' •I1' Li :3 Sewer & Water Line Contractor Missouri, Arkansas, Kansas & Oklahoma All Automobiles operated hy the Insured Cancellaticn- 1"{-1 • • 250 •,. • t • %. 14.04.t„ 1,000 ;11,000 ? UV?. %nu:. art --e cl.3 e descr Led e • r i eller; before t'te xpP. mail JD_ days 1.“ -it' n 1 °lice trt the behow n3r eer errilii • -"al! •mpose ru cbl gat•rn lt„i!Ly ht Thr kind upon the c City of Fayetteville Fayetteville, Arkansas DAFT IF:Skill, December 29, 1976 7 76 • cCOrd • SET TAB STOPS AT ARROWS •7 • • Certificate of Insurance • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFOCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS Of AGEN"v Barker -Phillips, Inc. 1500 E. Sunshine Springfield, Missouri NAME AND AI/DRIBS OF INSIIHI • Braun Excavating Company Route 4 Seymour, Missouri This is tO certify th p c,es or insuran: e listed beiow havc uoer• LETTER A GENERAL LIABILITY 511 .11NA PRCHE NS [VI_ F313131 1-1 PREMISES t IRE PAT RUN' [ LAPr 0.10N irAnt • u. I A" HAZAPI: UNDERGROUN t • Ali.P IjJ OPER1H1M3HAJW) PROD13, B/CrAMIA I f ' LCAVPAC 1141 •re•ort2 . DUCA; ukAr F I Ur 11311/ 'IAMArrl 1 lArbEFFNL•V INIPA rl esc)Nj, pr ur AUTOMOB I IA.541. El 'I A ft] A A RMF33 IN EXCESS IKDILITY •A A WORKERSC 2.MrsENSII and EMPLOYERS' LIP: it I.. OTHER - Y. \ Irr NUMB' 1CC 991556 1CC 991556 CEP 72987 COMPANIES AFFORDING COVERAGES COMPAN'e A ,• IILR U.S.F. & G. PPA -'ANY D • Mr AN‘ E Ly-rp 1 • losured name° -orc.: ire 2 311 23: tip r 1-1-78 Limila of l EaLiNty in Inn isa J(�i ., ' •3131ENr _t PC NJ 500 ppc,;:$ rIA• $ 250 3P r A tr./ I" AN] 'kuP1' ' • irAMARE 212134 N‘ 1-1-78 1363900 317782 1-1778 _ :('• • Pnt lur npie•Pa 250 500 z250 • .3 'ti. GAli I 500 • $ s250 $ 1.000 .$ 1,000 • RDMIMIMiLlifik - •beciirrir-tra:.\.•8111..4%. r ;Si V Warne jar -II S-3121.1:LIA:-.C...th . nat-/-41111: ,CRIPTION OF OPEIR4TIONS3 I r‘110•11 .3." Sewer &Mater Line Contractor Missouri, Arkansas, Kansas & Oklahoma _ ____AII_Autosielles_operated_by the Insured_ Cancellation: Shoo d on? • ,P1r2 prove :Jeci err, : ceLe ht.oro -1e ex • Pat ,•. par ,.. irr. • 1 r d -:::^r .0 rn,i _.10 notic.-3 1,, 1I-& oeirw ; n-.1 -.den r impo.)c 0 cIa rr..4-. nor .at i'y •v kird uoor the cor NAM: 14NC, vbSS I 11, • City of Fayetteville Fayetteville, Arkansas DATE ISSUED' U.. • rig kW I 1.)UA A 11•23ue In December 291976 _ Barker -P • efier _ ‘/RIZEIcalIBESI 311 Val ""••• 7 76 • SET TAB STOPS AT ARROWS • Certificate of Insurance • • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY Barker -Phillips, Inc. 1500 E. Sunshine Springfield, Missouri NAME AND ADDRESS OF .NSUHI Braun Excavating Canny Route 4 Seymour, Missouri Th.s is to certify that policies of la u once listed be r w havi keen COMPANY ti IV Lp A A ' IN; -,RANt GENERAL LIABILITY COMM IIENSIVE FOHM 11] PRI MISES -OPE RA' roNt, E111E WEI; '.ION AND col HA/ A At a] LADE R6POLIN ) etrir.ir PR7PI 7TC- • WP; Fl I Cil71 Pr:1111 tjAP" CON'P • Al INS.'• ' RFC'; FORM F R, • r DAMAO! ,NDEPINr)f T CO3/41 PFPS(lNA L•:• A A AUTOMOR,I F 1'ABILITY [jV u Lit re ; N N ()VN) EXCESS L IABUTY Rig UMPIRFL A Ic)RM CIHFP rORM FCLICY NUMR 1CC 991556 1CC 991556 WORKERSCOMPENSATION and EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERA' IONSII fl b pONS. • El -PCI ES CEP 72987 1363900317782 COMPANIES AFFORDING COVERAGES OMPANY A U.S.F. & G. I HEI 'Mc %NY D :11LR OMPANY E I I 1711• V surd lc IL: insured nomett ,Thoye and are in face Ji OIL. time. CI ICY :XP.FAT ON DATf 1-1-78 1-1-78 1-1-78 Limits ol Liability in Thousands (000) I ACH AGGPEGATE I OCCURRENLL prop F R: v r AV V $ 500 $ 500 s250 80Dii • IN PROF- MACI VP %ED J • F ( • -el•d ()DC jird I 250 SOO rloOt--i -717 .L0,1 T$ 250 _ "Ann IN; r HC I Y iNJUTt 'NO I CIM•c.'., (1 S AT Ip flN $ 250 1$ 1,000 1-1-78 $ 100 Sauer & Mater Line Contractor Missouri, Arkansas, Kansas & Oklahoma All Automobile OPerated by the Insured_ A Nitip • $1.000 Cancellation: Should any 24 the above described pericies t -re carcelied before the expiration date thereof. the ISSU:7T Lom- pony endeavcr td mail days written rotice to the helow named certificate ho.dcr, hjt 4311 re to mad SJC7 OCVICe shall impose no obligation or liability of any kind upon the comparly NAMI AND ACDPI CER1 r APE HOL DER City of Fayetteville Fayetteville, Arkansas DAI L ISSJED December 29, 1976 Cr 'NI, 7-76 QCOrd SET TAB STOPS AT ARROWS Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY lartor-Phillips, Inc. IMO E. Saddam Springfield, Missouri NAME AND ADDRESS OF INSURED Breen Excavating Coupon Route 4 Seymour, Missouri COMPANIES AFFORDING COVERAGES COMPANY A f R & G. Lomr„,„ B LETTER COMPANv C e0MPANY D i.1,,s, COMPANY E .-TTE This is to certify that policies of i surance listed neicw have been iss,1' 7 the insured narnei :hove and are in lor e at this here COMPANY L ETTER A TYPE O INSURAN( GENERAL LIABILITY • COMPREHENSIVE FORM LJPREMISES -OPERA I iL • EXPLOSION AND ( A")S HAZARD 1111 UNDERGROUND HA/ARL It PRODUCTS/COMP ET! D OPERATFONS HAIARL: 111cONTRALTDA, gi BROAD GPM pRepr pr y DAMAGE 0 iNDEPE NI/ENT :PVT HAL E PERSONA. N.IVr) A A A AUTOMOBILE LIABILITY t COMPRI liEN'3IY' IC OWNED C HIRE ) CNON OWN( p EXCESS LIABILIrd • UNIRRE LA FOPM O OTH-P 1HAN UMBQF L A FORM WORKERS' COMPENSATInrsj and EMPLOYERS' LIABILITY d OTHER NUMBER ICC 991556 —r POLICY :-•P4RAT ION DA1L 1-1-78 ICC 991556 14-78 CEP 72987 DESCRIPTION OF OPERATIoNS/LocAnoNSIn HILL f 1363900317782 Sewer & Veber Line Costractor Missouri, Arkansas, Camas I Oklahoma All Arstenshiles operated by the loured -1-- 1-1-78 Limits of Liabilly in Thousan • s ( AND PreCJPEP' • r)/ MAGE , • 1.0 pINED ACM 00- UPHENCE AGGREGATE $ 500 s 500 $ 250 $ 250 1 sArleS I 'Pel' 1 COMPleled Opere, -szard BLit ) )'• e‘E Li. I 14 '?".•011/4 BOOR N. IN, u f; r EAC .A L>uu1.11RI NC E ) PROPER -I Y bAMAI4 BOD'L INJIP( AND PROPT.47.' DAV' if COMINED POD Y INJDFW ANT PROPERTY ;.ey A GI p ' $ 250 s5�0 • IPEP5ONA. NOLL') 1-1-78 $ 100 _ _ • Cancellation: ShouIC any cf the above descipeo oci cpes be cancelled beton-, the expiration dale hoi eof the cm cany ende wor tc mail days written notice to the be ow owned ce-1' cate .ler hut ilure to mail such notice shall impose no Dbligatior Gr liabi ty of any kind upon the iTompany. NAME AND ADDRFUS OF CERTIFICATE HOE PER rty of FrovIlle December 29, 1976 DATt ISSUED 7,76 • SET TAB STOPS AT ARROWS • Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE WES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW 7. 0 dJI SS C" Patti :1 Barker -Phillips, Inc. 1500 E. Sunshine Springfield, Missouri _ NAME AN" AL' t Braun Excavating Company Route 4 Seymour, Missouri This is to ceit OCMPANN LLT .EIE A A A EL "I NS. • GENERAL LIAHILITY • I )IHIA IR 1-%••• 4.. I)41h RQ" PR s ";Th N N: illx 4- ! - A UTONIOBI. E L lArah 1---EXCFSS ilArtil v I Em _ worhk ER • n d r s A EVP OYER'S'. 1/811 ,T F r H R DLJGRILI ION OF t'PLF-1 ' ICC 991556 COMPANIES AFFORDING ER4GES IN' Pt U.S.F. &G. 1-1-78 • :tit% 1.•••r•••lity .rimt. ar.ds--(Utt.:; -1 A —1 - • 500 •500 • 250 • 250 tp 250 ICC 991556 1-1-78 500 1 CEP 72987 1 1-1-78 1363900 317782 _kle_•713 Po n 250 r•. • 1,000 '.1,000 100_ etiaraINIIIPSISeWMESCSIIIIIIff witir:4•41111SIUMIDIEM Sewer & Water Line Contractor Missouri, Arkansas, Kansas & Oklahoma __ All Automobiles_operated by the Insured Canctilation Pt'e elLc jE I 4 I r 1 4% it. h rhr em ) OL City of Fayetteville Fayetteville, Arkansas t. betnt "Lie rvr t the -low -acne ert-i ti pun the Lump -1y -1 • December 29. 1976 Bark • °cord SET TAB STOPS AT ARROWS • • • • • Certificate of Insurance • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW NAME AND ADDPESS Or VAN! 1 Barker -Phillips, Inc. 1500 E. Sunshine Springfield, Missouri NMF ANC P DORF SS OF NSURE Braun Excavating Company Route 4 Seymour, Missouri -ENO Is TO: recItty tfji — I /WARY LITTER A A GENERAL LIA EIL L_ ODE"• •• 7 XP, V YC !itpkor„ , OPE 74 k ' A ItEIP• • • 1 • • -1" _J NOEF AUTOMOBILE " PV I -I- EXCESS LIAM . A r& 'IMPP: • ' A - WORKER.; COW ViATIn-i and EMPLOYERS' IL". BB r• 011-1Fr- DESCRIPTION OF OR. HA 7I(.ry7 J r,CP I.sted De :x hac ICC 991556 ICOMPANMS AFFORDING COVERAGES krrTlA U.S.F. & R. , ,oMP•ri r a .1 -. in !erne at 1h.s t;rra. 1. onts oTtidbiIiIyinTb�uaanthTOO) r — - icy F .21 UPPE Nit ALiG" OAT F POLI r.4.1 P 500 Is 500 • 1-1-78 sZ5Q It 250 ` 250 1CC 991556 1-1-78 500 c, CEP 72987 1363900 317782 +IHIN Sewer & Water Line Contractor Missouri, Arkansas, Kansas & Oklahoma ATh Automobtlei_operatast_hythelnsurmdc__ $ 1.000 $ 1.000 Cancellation -f u y ^7 the dAPP "0011 -)01 ;TIPP LP -MCP. 1[Cd t e exc.r.-t on • t • e tt. ;du). era( tc a; —10. c TO 17P hplow nArth :•1 CO' ' op.. I ••• Li:JO r 01, • h31: rITOOSt . obligat nab.lity ta driV Kind upon thecompany. City of Fayetteville Fayetteville, Arkansas rArc SSUE0 1Mcamber 29,_197.6 76 • r 4. t A STOCK COMPANY- • Fid_eh OOHED 1890 ilyeadDeposl Comp i \ t HOME OFFICE OF MARYLAND BALTIMORE A I I BID BOND KNOW ALL MEN BY THESE PRESENTS: 1 That we, BRAUN EXCAVATING CO, 1 , as Principal, (hereinafter called the "Principal"), and 1 the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Fayetteville, Arkansas 1 as Obligee, (hereina(ter called the "Obligee"), in the sum of Five Per Cent (5%) of Amount Bid Dollars ($ ), 1 for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, , our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. a 3 WHEREAS, the Principal has submitted a bid for 22nd Street Sewer and Highway 71 „I Di i South.Sewer I 1 11 4 I NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be I specified in the bidding or contract documents with good and sufficient surety for the faithful performance of > such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal A shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. il Signed and sealed this 7th day of October A.D. 197.6.-... I 1 BRAUN EXCAVATING CO (sem) t,3• Principal_ ....._ . Witness aaL by: • /1 . .. T 1 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety : , . (SEAL) Y i i Witness ' 'rney- - . - Title M25.1 -100M,845198717 Approved by 14 Mmmato losUWW of Architects. NIA. Document No A4I0 February IWO FolitWu. — n ... . .... .... . .... er • .... n . , -- •. • • • • Fidelity and Deposil Compamr i .....n.c. GI Z 0 A la 0 ;11 0.L 0 M Ya WI 0: 30 .3.1V H39 NO -et Lei g ci] i IC 4! 1 1:14 0 yy • • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD, KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com- pany, which reads as follows: The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu- ments which the business of the Company may require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Paul 0. Barker, Milton S. Phillips, Larry W. Giboney and Linda K. Johnston, all of Springfield, Missouri, EACH.... .. aw u agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Paul 0. Barker, etal, dated March 20, 1975. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3r3. day of BlipteMbAr , A.D. 19_76.... FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: 0 By Assistant Secretary Vice -President STATE OF MARYLAND } CITY OF BALTIMORE SS: On this 3rd. day of September , A.D. 19 76 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice -President and Assistant Secretary of the FIDELITY A/ID DEPOSIT COMPANY OF MARYLAND, to me personallyknown to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the executioa of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN Tizsrusotrt WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Baltimore, the day and year first above written. ...."1" $01 ‘ 71 le;.‘ TiiiiittiAa .* , Ti<1:8% PuRBELG‘cl.:49 CERTIFICATE taryl, the undersigned. Assistair Secsadr! of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents spe- cially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the FIDELITY A14D DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directorrof the Flown AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RnsoLvati: That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether - made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by tbeSompany, fftall be _ valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said -Company, this 7th _day of October 19_ 7.6 Notary Public Commission Expiressbay L1419—CIL 201494 1 • 1. 1 • II U. S.IDEPARTmENT OF HOUSING AND uheaN DEVELOPMENT • BID BOND PUD -4238-E • • - • • • (2-66) (Formerly CFA -VD -E) KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto as owner in the penal sum of 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. Signed, this day of The condition of the above obligation is such that whereas the Principal has submitted to • a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, . for the MOW THEREFOR, II. . (a) If said Bid shall be rejected, or in the alternate. • • (b) If said Bid shall be accepted and the Principal shall execute and deliver I. 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 - romance of said contract, and for the payment of all persons performing II 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 shall remain in force and ef- 1 .1 feet; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this ob- ligation as herein stated. V. .• . • • • • • O.B.-1 • • • • • • • • • • The Surety, for vnluc received, hereby stipulates and agrees that the obligations • • of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive Thence of any such extension. • • • IN WITNESS WHEREOF, the Principal and the Surety' have hereunto set their 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. .1 • .(L SI) • • 1 • • .137: Pr sae ap•I Sate Sy • • • • • • • • • • • • • • • • • • 01 t 4:P•417 • ThISISMCDIM that policies in the name of NAMED INSURED and ADDRESS rtraun Excavating Company, A Missouri Corporation Route #4 Seymour, Missouri 65746 are in force at the date hereof, as follows: CERTIFICATE OF INSURANCE • GU 6115 (Ed. 2-68) FILED IN MY OFFIg THIS nra Ife: 2z% iatrinfic444-1 19t Cie ik THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN. KIND OF INSURANCE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY BODILY INJURY PROPERTY DAMAGE WORKMEN'S COMPENSATION WC 23-26-02 Eff. Exp. 1-1-76 1-1-77 Provided Compensation Missouri by Workmen's Law—State of NIL COMPREHENSIVE LIABILITY COMPLETED GENERAL INCLUDING OPERATIONS GLA 19-95-77 Eff. Exp. 1-1— 7 6 1-1-77 $ $1,000 $1,000 , 000 Each person , 000 Each occurrence , 000 Aggregate $ 1,000 .000 Each occurrence $ 1,000 , 000 Aggregate MANUFACTURERS' AND CONTRACTORS' LIABILITY Eff. Exp. $ , 000 Each person $ , 000 Each occurrence $ , 000 Each occurrence $ , 000 Aggregate OWNERS', LANDLORDS' AND TENANTS' LIABILITY Eff. Exp. $ , 000 Each person $ .000 Each occurrence $ , 000 Each occurrence $ ,000 Aggregate CONTRACTUAL LIABILITY Eff. Exp. $ ,000 Each person i .000 Each occurrence $ , 000 Each occurrence $ , 000 Aggregate AUTOMOBILE LIABILITY Owned Automobiles Hired Automobiles Non -Owned Automobiles Eff. Exp. $ , 000 Each person $ , 000 Each accident $ , 000 Each accident • • fl COMPREHENSIVE AUTO. MOBILE LIABILITY GIA 19-95-77 Eff. LW. 1-1-76 1-1-77 $ 1,000 ,000 Each person $ single .000 Each occurrence $ Limits , 000 Each occurrence OTHER: Eff. Exp. In the event of any material change in, or cancellation of, said policies, the undersigned company will endeavor to give written notice to the party to whom this certificate is issued, but failure to give such notice shall impose no obligation nor liability upon the company. bpr 22, 1976 YYYTTIois Nationa12surance Company CERTIFICATE ISSUED TO: Rity of Fayetteville NAME and ADDRESS Fayetteville, Arkansas Dated: Name of Company: A AUTHORIZED REPRESENTATIVE oof 2.V..'f..ILZr 0.a 0 44° 4;7E7 ";:iso" • • ZIHT 321110 YM 40 YACI • 7.7 1‘ • 7—rirrelirm.7 771-1- -..Firlrg The Insurance (mord by this certifisate will not be cancelled or materially attend. except after ton (10) days writton notios has boon roosted by the owner • WATER -SEWER SYSTEMS • TREATMENT FACILITIES PUMPING STATIONS BRAUN EXCAVATING CO. Rout* 4 • Phone: (417) 738-2751 Seymour, Mo. 65746 December 8, 1976 Darlene Westbrook, City Clerk City of Fayetteville, Arkansas P.O. Drawer F Fayetteville, Arkansas 72701 Re: Contract of 11/19/76 22nd Street and Hwy. 71 South Sewer Lines Dear Ms. Westbrook: CONTRACTORS • MUNICIPAL COMMERCIAL f?eceiveo Enclosed please find five (5) copies of Certificate of Contractor's Insurance as requested, for referenced contract documents. Since we are nearing the expiration of our current policies, we will of course submit certificate of the renewal policies unless the project is completed prior to the end of this year. WTT:rj Enclosures Very truly yours, BRAUN EXCAVATING CO. W T Tucker Office Manager I 1 1 1 ■ .. PROPOSAL FOR SCHEDULE I (A UNIT PRICE CONTRACT) . Proposal of Place_ &%en 14ce art Date 7. oer j g?6 a corporation * organized and existing under the laws of the State of and qualified to do business in the State of Arkansas; a Partnership * consisting of an Individual * trading as TO THE CITY OF FAYETTEVILLE, ARKANSAS: The bidder in compliance with your invitation for bids for the construction of Schedule I - 22nd Street Sewer, having examined the Plans and Specifications with related documents and the site of the proposed work, and being familiar with all the conditions surround- ing the work, including the availability of materials and labor, hereby proposes to furnish all labor, material, and supplies required to be furnished, and to construct the project in accordance with the Contract Documents and at the unit 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 a date to be specified in a written "Work Order" of the Engineer, and to fully complete the project within twenty (20) consecutive calen- dar days. Bidder acknowledges receipt of the following addenda: ITEM ESTIMATED QUANTITY UNIT* NO. AND DESCRIPTION PRICE TOTAL 1 429 Linear Feet 5'n c rr C�.Ts Do lars 6" VCP Complete in place @ 0 to 6t Depth ($ , ¢s ) $2 747 os *1111 out applicable blank I . • 1 .- - . - . ITEM ESTIMATED QUANTITY UNIT.` H. NO. AND DESCRIPTION PRICE TOTAL 2 300 Linear Feet • r<u F we �t^,fs Dos uars' 6" VCP Complete in place @ ' 6 to 8' Depth ($ ,11 ) . 3 260 Linear Feet I A)IIJt Dollars 6" VCP Complete in place @ 8 to 10' Depth ($_9.°-° ) $2340."! -T- 4 44 Vertical feet of S/tr F;✓'C manhole •. Dol ars Complete in place •($ ,°° ) ' 5 4 square yards �K+Q Do a rs po ' Asphalt Cut & Replaced ($ ?°° ) $ 3 G, 6 50 Cubic Yards Do tars SB-2 Subgrade ($ 9• DO ) 1 TOTAL BID, SCHEDULE I. . . $ /Q 9 , OS **Unit prices to be shown in words and figures. In case of discrepancy ' amount shown in words will govgrn. f, The above unit prices shall include all labor, materials, bailing, I. shoring, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject it any or all bids and to waive any informalities in the bidding. 3 The bidder agrees that this bid shall be good and may not be withdrawn for a period of Sixty (60) 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 ten (10) days and deliver the Surety Bond or Bonds as required by Paragraph 8 of the General Conditions.. The bid security attached in the sum of Ste% is to become the property of the Owner in t e event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Respectfully Submitted: By• •i SEAL - if bid is by a corporation Spyrn9'Ur; ifltsScr/r.&&79L Busiunes�dress and Zip Code) I.' I.' • 4 II I LI Il I I , I PROPOSAL FOR SCHEDULE II Deductive Alternate-No.I (A UNIT PRICE CONTRACT) Place si ce 4-/i.- Date OCT 7-7e Proposal of 73r v I C a corporation; organized and existing under the ?aws of the State of and qualified to do business in the State of Arkansas; a Partnership* consisting of an Individual ` trading as TO THE CITY OF FAYETTEVILLE, ARKANSAS: The bidder in compliance with your invitation for bids for the construction of Schedule II - Highway. 71 South Sewer Extension, having examined the Plans and Specifications with related documents and the site of the proposed work, and being familiar with all the conditions surrounding the work, including the availability of mat- erials and labor, hereby proposes to furnish all labor, materials, and supplies required to be furnished, and to construct the project in accordance with the Contract Documents and at the unit 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 a date to be specified in a a written "Work Order" of the Engineer, and to fully complete the project within twenty (20) consecutive calendar days. Bidder acknowledges receipt of the following addenda: I. ITEM ESTIMATED QUANTITY UNIT-; NO. AND DESCRIPTION PRICE TOTAL 1 1080 Linear Feet £ o /Ye C4,.rs Do ans • 6" VCP Complete in place @ / • 0 to 61 Depth *Fi11 out applicable blank I I1 ITEM ESTIMATED QUANTITY UNIT** 110. AND DESCRIPTION PRICE TOTAL 2 35 Linear Feet Do ars 6" VCP Complete in place @ 6'. to 8' Depth ($ 24S ) 3 44 Linear. Feet 12" Encasement Pipe Complete in place 4 70 Linear Feet 6" Ductile Iron Pipe Complete in place 5 31 Vertical Feet of manhole Complete in place 6 4 Square Yards Asphalt Cut & Replaced With .Concrete 7 60 Cubic Yards SB-2 Subgrade 8 1 Cubic Yard Class "B" Concrete 9 8 Square Yards Asphalt Cut & Replaced c/L✓Cris �✓r Do ars ($ 75`2 ) $ 3,300, 00 E,gW� Tfi,riy C e. i ears' ($5.30 ) $S8A S1,, jr . b ll.r Do rs ($ 6o.s.bb ) %we. -Ty Dotlars Dollars (5_9,'!) $ ___ e Afo Do11art ($ So,` ) $ So.& Dollars TOTAL BID, SCHEDULE II, S_131a4.75 **Unit prices to be shown in words and figures. In case of discrepancy amount shown in words will govern. fl The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and -may not be withdrawn for a period of 60 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 8 of the General Conditions. The bid security attached in the sum of $ofp ) is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Respectfully Submitted; By: SEAL - if bid is by a corporation Ssu m.cur, YJ1csso'cxr, & s?Yt, (Business Address and Zip Code I. • . . Y � (Rev. 1/76) Ii II II ARKANSAS PERFORMANCE AND PAYMENT BOND (lit -604 Arkansas Statutes) KNOW ALL MEN BY THESE PRESENTS: That We (1) gRAIIN FXCAVATINL CO.. a (2) Corporation , hereinafter called "Principal" and FIDELITY AND DEPOSIT COMPANY (3) OF MIIYLANB of Baltimore , State of Maryland • , hereinafter called the "Surety", are held and firmly bound unto (1) City of Fayetteville. Arkansas , hereinafter called "Owner" in the penal sum o£ {Twenty -Four Thousand Five dollars ($ **24 572.80**), in lawful money of the Unite 'a s, or ti8' pd'ymeht of which sum well and truly to be made, said principals and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the•Owner, dated the 19th day of November , 19 76, a copy of which is attached and made a part hereof for the construction of: 22nd Street Sewer and Highway 71 South Sewer NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreement of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and cor- porations furnishing material for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modi- fication thereof, all amounts due for, but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools.consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivisions thereof which shall have arisen on account of, or in connection with, the wages PA earned by workmen covered by the bond; 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. The Surety agrees the teens of this bond shall cover the payment by the principal of not less than the prevailing hourly rate of wages as determined by the Arkansas Department of Labor or U.S. Secretary of Labor, whichever is greater, to all workmen performing work under the contract. 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 contract or to the work to be performed thereunder of the specifi- cations accompanying the same, shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract as to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each of which shall be deemed an original, this 19th day of November 19J. ATTEST: a; (SEAL) I .I II I II WITNESS AS TO PRINCIPAL ATTEST: ADL*ESS SECRETARY (SURETY) (SEAL) WT AS TO ATTORNEY -IN -FACT BRAUN EXCAVATING CO. (PRINCIPAL) FIDELITY AND DEPOSIT COMPANY OF MARYLAND (SURETY) By ITTOR i"t -FAUT ZL 7 meal, a. AD SS D 2-5 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by WM. H, C. GRIFFITH , Vice -President, and J. C. MCHUGH , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com- pany, which reads as follows: "The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Resident Assistant Secretaries and Attorneys - in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Charles F. DeGraff and Helen Graham, both of West Memphis, Arkansas, EACH,................................................ its truce a and agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings . ......... . ....... Aiid the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowl- edged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Charles F. DeGraff, dated December 6, 1957, and on behalf of Helen Graham dated December 8, 1961. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of March ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (SIGNED) J C-McH UGHWM H -- -----� ------••.. ...... --------' ... - By — -------...w------- --------------- •-'-----•aC GRIFFITH ----s------------------------------ (SEAL Assi-'stant Secretar Vice -President STATE OF MARYLAND CITY OF BALTIMORE J On this 24th day of March , A.D. 19 69 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, tome personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the name, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. (SIGNED) ---EVELYN_ D...J0NES------------------------------.................. (SEAL) Notary Public Commission Expires. July -1I 1969 CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." _ IN TEsfuony WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 19th day of NavtMUerF ,t976, LIH9-Ctf. --------------------- �!�M--- Assistan�Secrefary I' I 3 NOTE: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (2) A Corporation, a Partnership, or an individual, as case may be (3) Correct name of Surety (14) Correct name of Owner (5) If Contractor is Partnership, all partners should execute bond (6) This bond must be filed with the Circuit Court of the County where the work is to be performed, prior to the start of construction. (7) Must be executed by Arkansas Local Resident Agency for Surety 3-S I CONTRACT AGREEP'FNT • 1. This Contract and Agreement, made and entered into this ' ,� Lh day of _%psi .w.ber , 1976, by and between the City of Fayetteville, Arkansas,. Party of the First Part, acting through it's duly authorized representative, and r ' >� ExQt7 �m'f� "i C� RbbLJQ'ctnr_, rVin bS741. Party of the Second Part: WITNESSETH: That for and in consideration of the payments to be made as hereinafter set forth, the Party of tha Second Part hereby agrees to furnish all tools, labor, equipment, materials, and supplies required to be furnished and to construct the improvements designated as 22nd 'Street Sewer and Highway 71 South Sewer for the City of Fayetteville, Arkansas, in exact accordance with the Plans on file at the office of the Party of the First Part, and Specifications, Proposals, Stipulations, ' and Special Provisions attached hereto and made a part hereof as fully as though copied herein, under the direct supervision and to the entire satisfaction of the Party of the First Part and in accordance with the ' laws of the State of Arkansas. • 2. It is further agreed and understood by and between the parties hereunto that the Party of the First Part agrees to pay and the Party of the Second Part agrees to accept as full and final compensation for all work done under this agreement, the unit prices named in the Proposal which is hereto attached, such payment to be made in lawful money of the ' United States, at the time and in the manner set forth in the Specifi- • cations. 3. The Party of the Second Part agrees, for the consideration above expressed,to begin and complete the work within the time specified in the Proposal. If the Party of the Second Part shall fail to complete the work in the time specified, he shall pay to the Party of the First Part, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, the amount specified in the Proposal for each day delayed, for each Schedule delayed, which shall be deducted from the • ' final amount to be paid under the contract, provided that extensions of time with waiver of liquidated damages may be grated as provided for in the Specifications. ' 4.I The Party of the Second Part agrees to furnish a Bond, with an approved Surety thereon, guaranteeing the performance of this Contract, as required by the laws of the State of Arkansas, and for not less than one hundred(iOO) percent of the amount of this contract. Said Bond shall be conditioned on full and complete performance of this Contract and acceptance by the Water and Sewer Department for the payment of all t labor and materials entering into or incident to the proposed improvements and shall guarantee the work against faulty workmanship or materials for • a period of one (1) year after completion. The Surety on said Bondshall be a Surety Company of financial resources satisfactory to the Party of ' the First Part, and authorized to do business in the State of Arkansas. , 8 1 I. 5. The Party of the Second Part agrees also to carry Public Liability Insurance, Property Damage Insurance, and Workmen's Compensation Insurance in amounts as required by these Specifications. WITNESS OUR HANDS THIS I4 ►� DAY OF IV�De7� m� vh , 1976. CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS ujor WITNESS: SEAL (if any) I .1 Li [1 WITNESS: Affix Corporate Seal here (if any) E3ft,A I, la ../...,": i lla� o. Contractor By lame and Title 7?o +e H meur. Y'?issour' roS�i�i( Business Address I 1 r I It II I. , , U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT INFORMATION FOR BIDDERS 1. Receipt and Opening of Bids The HUD 1j238-B(R) (herein called the "Owner"), invites 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 until o'clock A.M.-P.M., ST/DST , 196_, and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed, addressed to at and designated as Bid for 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 ally 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. 2. Preparation of Bid Each bid must be submitted on the prescribed form and accompanied by Certification by Bidder Regarding Equal Employment Opportunity, Form HUD -h238 -CD -1,, efl1cattoib.B4tJsC 4Soraetet4 Tfaerttimg-+E'ei ZeglsrLj4rRF}r"j•!y2'Y. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and the foregoing Certifications 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. 3.Subcontracts The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract -- a. Must be acceptable to the Owner after verification by the HUD Area Office of the current eligibility status, and, b Must submit Form HUD -h238 -CD -2, Certification by Proposed Subcontractor Regarding Equal Employment Opportunity and Certification by Proposed Sub - Contractor Concerning Labor Standards and Prevailing Wage Requirements, Form HUD -1h22. Approval of the proposed subcontract award cannot be given by the Owner unless and until the proposed subcontractor has submitted the Certifications and/or other evidence showing that it has fully complied with any,reporting requirements to which, it is or was subject. Previous Editions Obsolete .IT.,B.-1 : • 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. i. 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 comau- mication 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 *111 be given to the telegraphic modification. 5. Method of Bidding ' The Owner invites the following bid(s): /, 2Vn' SrgsEr Z 7/ So. SE&ee £xTaIS/O�• ) (,7ET UG Ti 1/� A e4QTE! ' 6. Qualifications of Bidder 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 Durpose_as the Owner may request. The Owner reserves 'the right to reject any bid if the evidence submitted by, or investigation of, such bidder falls 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 ' 90 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. a. 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- , mace of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid. U , Lra-2 9. Time of Completion and Liquidated Damages Bidder must agree to commence work on or before a date to be specified in a Written "Ntice to Proceed" of the Owner and to fully complete the project within.__ consecutive calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of $ _2CO 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 - I. 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 von of any other contractor. ' 11. Addenda and Interpretations No interpretation of the meaning of the plans, specifications or other pre -bid 'I documents will be made to any bidder orally. • IEvery request for such interpretation should be in rifting addressed to PAUL /VAWTKE PO. hiSIC1 N *II ere Five/NLI at AAVE 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 surety 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. 'I ' _3 - 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 an¢. regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. ' 16. Method of Award - Lowest Qualified Bidder If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bids or may award the contract on the base bid combined with such deducti- ble alternates applied in numerical order in which they are listed in the Form of Bid, as produces a net amount which is within the available funds. 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. F! , I,T,.e. Ii 1! ,' I ,1 I I Ii Supplement to Form HUD-4238-B(R) INFORMATION FOR BIDDERS 18. SAFETY STANDARDS AND ACCIDENT PREVENTION With respect to all work performed under this contract, the contractor shall: 1. Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Title 29 of the Code of Federal Regulations, Section 1518 as published in the "Federal Register", Volume 36, No. 75, Saturday, April 17, 1971. 2. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property, 3. Maintain at his office or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees), who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care. S. I,T.B,-S A . • ' MUD -4238 -CD -1 I. U.S. DEPARTMENT OF t o: S:t;G A;7, U4BAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING • EQUAL EMPLOYMENT OPPORTUNITY ' •INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F. R. 12319.25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon- tractors, shall state as an initial port of the bid or negotiations of the contract whether it has partici- poled in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether 'it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable ' instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's }dome: I3RAt .i Ecc ,q.'trrrNG Co ! Address: RT 1 - 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity 'Clause. Yes j-4 No 0 2• Compliance reports were required to be filed in connection with such contract or subcontract. Yes [3" No j� 3•. Bidder has filed all compliance reports due under applicable instructions, including SF -100. ' Yes Q No I I None Required L 4. If answer to item 3 is " No," please explcin in detail on reverse side of this certification. U. • Certification — The information above is true and complete to the best of my knowledge and belief. DAT (/ I n 1 •. 1 C.B.-1 • GPO 062.936 i I. • I. 1 I. I... I. 1. 1 I.. t. . 1., a t4. EPA MihT_0 11WaINC. Ann Ua NANbEviLt)FMENT COMMUNITY DrvfLOPMCNT nl.00K GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (Appmpnam Acesp,rtak OAT[ L Z .j PROJECT NUMoca (Ijany/ do �Jt PROJECT NAME .t I L The undersigned. having executed a Contract with (1 i� . n� F .-o- 4 A, ) I e J S, \NCB _f for the construction of the above -identified project, acknowledges that: (►) The Labor Standards provisions are included in the aforesaid contract; (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility; i. He eertili at that: • Ca) Neither he not any firm, partnership or association in which he has substantial interest is designated as an Iniligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of LaborPart 5 (29 CFR. Part 5)or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (40 U.S.C. 276u-2(ofl. (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such sub- contractor or any (irm, corporation. partnership or association in which such subcontractor has a substantial Interest Is desi glinted as an ineligible contractor pursuant to any of the aforementioned eogulatory or statutory provisions. 3. Ile agrees to obtain and forward to the aforel-•.entioaed recipient within ton days after the execution of any subcontract, Including those executed by his subcontractors and say lower tier subcontractors, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He ceNilies that: (a) the Iesol name and the business eddress of the undersigned are: Po4 14 WiSSp Y. 'LS?ULO (b) The undersigned is: • III A SINGLE PROPRIETORSHIP Ill A CORPORATION ORGANIZED IN TOE STATE OF • _ 7fSSBecrt 12) A PARTNERSHIP 141 OTHER ORGANIZATION(Dcjcarbel e_% Te_ ____ ar.I_ __J _L._...r... .—... ...I.... A, Afn,.,. At the undersioned are: • coca_! . I I 1 (d1 lom de a-cs cnd osoretse. el cl, nr ... t, bth rnto•ol utd eerperotes M1evmg 1 tuhstentiol it r-etl in Ilse un!crug.ted, god Ikt r:!we •I t�.c �cr-; c a o•c (If iI(r. •:. .., .ea.. l: , a NAME —_— ADDness •:1 DnE or I"Tt I, CST Ia Lautlt(i�w —__ cad k) ibE n it - e es, • rates an trade elassdrcenons of all other building construction contractors in .hrch the ur.derslg.ied `os • iu6stanlial int•r.1' Oct '11 •nn• n unaG RARE ADDRESS TRADE CLASS;FICATiON n a. BRAUN EX ",TING Co. wl. AJA d. / y .T1.: r /, fi±Q (clmernr, Br ..• .. . YARNING U.S, 61minal Code, Section 1010, Title 15, V.S.C.• provides in part: •'E'heever, . • . • makes. passe.. tillers o,;.!dishes any ' pbsemsnt, knowing the saws to to csIse .... • &hall be toned not more that, $5.000 or imprisoned not core than too years. or both." 1 . a I. • _ /� /• • {I• 10.441 • • Ca Co -2 a ti I:e It I. 1 I I '• HtJD•4233.J (Z-461 U.S. Deportment of Housing and Urban Development 1 1 CERTIFICATE OF OWNER'S ATTORNEY I. the undersigned, Jams . me lord • ' the duly authorized and acting legal representative ofl.I C N ' do hereby certify as follows: I have examined the attached contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper'parties thereto acting through their duly authorized representatives; that said representatives have full power end authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements consti- 'tute valid and legally binding obligations upon the parties executing the sane in accordance with terms, conditions and provisions thereof. • •Date: 1 • NUDweah., D. C. C.O.-I 4 I i I. • •; I r II GENERAL CONDITIONS I 1 Contents* 11. Contract and Contract Documents 36. Stated Allowances 2. Definitions 37. Use of Premises and Removalof Debris • 3. Additional Instructions and Detail 38. Quantities of Estimate Drawings 39. Lands and Rights -o: -Way • 4. Shop or Setting Drawings 40. General Guaranty 5. Materials, Services, and Facilities 41. Conflicting Conditions 6. Contractor's Title to Materials 42. Notice and Service Thereof 7. Inspection and Testing of Materials 43. Required Provisions Deemed Inserted 1 8. "Or Equal" Clause 44. Protection of Lives and Health 9. Patents 45. Subcontracts '10. Surveys, Permits and Regulations 46. Equal Employment Opportunity Ill. Contractor's Obligations 47. Interest of Member of Congress 12. Weather Conditions 4B.. Other Prohibited interests 13. Protection of Work and Property-- 49. Use Prior to Owner's Acceptance Emergency 50. Photographs 11 14. Inspection 51. Suspension of Work 15. Reports, Records and Data 52. Minimum Wages 16. Superintendence by Contractor 53. Underpayments of wares 17. Changes in Work - - 5h. Anticipated Fringe Fenefits 1• 18. Extras 55. Overtime Compensation 19. Time for Completion and Liquidated 56. Apprentices Damages 57. Employment Prohibited • 20. -Correction of Work 58. Compliance with Anti -Kickback Act 1 21. Subsurface Conditions Found Different 59. Classifications Not Listed 22. Claims for Extra Cost 60. Fringe Benefits Not Expressed • 23. Right of Ownar to Terminate Contract 61. Posting Wage Rates • 24. Construction Schedule and Periodic 62. Complaints, Proceedings or Test - Estimates imony 25. Payments to Contractor 63. Claims and Disputes 26. Acceptance of Final Paymentas Release 6h. Questions Concerning Regulations 27, Payments by Contractor 65. Payrolls and Records 1 28. Insurance 66. Specific Coverage 29. Contract Security 67. Ineligibl.c Subcontractors 30. Additional or Substitute Bond - 68. Provisions to be Included 31. Assignments 69. Breach of Labor Standards ' 32. Mutual Responsibility of Contractors 70. Er tsloyment Practices • 33. Separate Contracts 71. Contract Termination; Debarment 34. Subcontracting Ij 35. Architect/Engineer's Authority HUD-4»es(R) Previous .do.,.a •s •bs•'•'• +w Attachvrentto Federal Labor Standards Provisions 1. 1 4-s U.S. C( PARTM(N r or Ncusn, ANC 1 'C ?.N t:ty.j'.tgr ' vomrttnity Developent Block Grant Procram 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 trovisions t^er ecf shall be as binding upon the parties hereto as if they were herein full-. set forth. The tae of contents, titles, headings, running headlines and marginal notes ccn:a:ncd herein and :r said documents are solely to facilitate reference to various provisicns of the Con:race Documents and in no way affect, limit or cast light or. the in.terpreta::on c(the provisions to which they refer. No verbal agreement or conversation with any officer, agent, or employee of the owner or Engineer, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. The Contract Documents are complimentary, and what is called for by one shall • be as binding as if called for by all. The intention of the Documents is to include all tools, labor, equipment; materials and supplies necessary for the proper excavation of the work. Materials of work described in words which so 'applied have a well-known technical or trade. meaning shall ba held to refer to such recognized meaning. The following copies of the executed Contract Documents will be provided. One •for the Contracting Authority, I. One for the successful Bidder, One for the Engineer, One for the Surety, One for filing with the Circuit Clerk in the County where the work is to be performed, 11 I I I I. --,.. I 5-S z, Definitions The following terms as used in this contract are respectively defined as follows: (a) "Contractor": 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. - FA�� (d) "Ouwoc oe " 6 irRAcriac� Qvr/k2C" S/i4LL ME.cw' rUE 6w or E�/�E Ce) &a ,,JEE/2 SN/Lc MF.t ,Jl 7NE Cry 6&vC/MEE.� f IYEJTr✓/[LCD 4a. 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 work: each such schedule to be subject to change from time to time in accord- ance with the progress of the work. 4. Shop or Setting 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 drawings and for their conformity to the Plans and Specifications, unless 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 stated 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 conditional sale contract or other agreement by which an interest is retained by the sell=r. 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. HUD -42215 (9-70) 6-5 7. Inspection and Testing of Materials (a) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner will pay for all labo- ratory inspection service direct, and not as a part of the contract. (b) Materials 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. "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, (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 reasonable, and paid to the holder of the patent, or his authorized licensee, direct by the Owner and not by or through the Contractor. (e) 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. 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. Contractor's Obligations 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 ' 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 ' i 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, complywith, andbe subject to all terms, conditions, require. ' i ments, and limitations of the contract and specifications, and shall do, carry on, and com- plete the entire work to the satisfaction of the Architect/Engineer -and the Owner. 12. Weather Conditions I I I I In the event of temporary suspension ofwork, 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 Architect/Engineer, any work or materials shall have been damaged 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 which 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 ofthe 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 of 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 Contractor 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 he continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. IIUD-42315 (9-70) 8-S 17. Changes in Work S. .' No changes in the work =::'vFred by the approved Contract Documents shall be made with- out having prior writte., a;, royal of the Owner. Charges or credits for the work covered by the approved change': shat! 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)....Lre shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (l5%, •_i 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 It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as. specified iri 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 grantedby the 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 but 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 fixing 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 specifications wherein e definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is HUD -42315 (lt) . 9=S 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 whenthe Owner determines that the Contractor is without fault and the Contractor's reasons for the time 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 enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, 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 ten (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 final judge of the quality and suit- ability of the work, materials, processes of manufacture, and methods of construction for the purposes for which they are used. Should they fail 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/Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, 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 Contractor 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 conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds that they materially differ from those shownonthe Plans or indicated in the Specifications, be 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 changed 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 notices to contain the reasons for MUD -42395 (9-70) - , /0-5 I • such intantion to terminate the contract, and unless withir. ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and sa_isfacto•-y. ' arrangement o: correction be mate, the contract shall, upon the expiratjo of sat (!0) days, cease and terminate. In the event of any such termination, the Owner shall irn:ne_ 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 Own_, or 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 :nay 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 in form satisfactory to the Owner, showing the proposed dates of corrmencen:ent and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly pa}-ment that :will become ,'•:e the Contractor in accordance with the progress schedule. The Contractor shall also fu -nisi, on forms to be supplied by the Owner (a) a detailed estimate giving a complete Brea: do:a-; of t:�e contract b and d P (b) periodic itemized estimates o: work done for the perpose of - slaking partial pays ents thereon. The cOJts emt l y&uir.n: .' ng 1_p ar.y cf these 3 ed ?c will be used only for determinin.o the basis of partial pay r:e;t3 and will not be c_'._id_red ' — as fixing a basis for additions to or deductions from the contract price. 25.PAYMENTS TO CONTRACTOR The Engineer will on or about the Twentieth (20th) day of each month make an estimate of the work done. As soon thereafter as possible, and as soon as the Contractor has filed receipted bills showing that he has paid the previous month's bills, the Contractor will be paid seventy (70) percent of the value of work i.i ' place, plus ten (10) percent for that portion of the work accepted for beneficial occupancy, plus twenty (20) percent of the value of work that has been property cleaned up, plus fifty (50) percent of the value of the materials do the job site ' but not in place (figured from the Contractors paid invoices), minus amounts previ- ously paid.A final estimate will be made following the final inspection as pro- vided under paragraph 28, after which time and within a period of forty (40) days, ' the Contractor will be paid the full amount of the contract price, less amounts previously paid. Payment will be made only for the actual quantities installed. The Contracting Authority may withhold or, on account of subsequently discovered ' evidence, nullify the whole or part of any certificate to such extent as may be necessary to protect the Contracting Authority from loss on account of: (a) Defective work not remedied, (b) Claims filed or reasonable evidence indicating probable filing of claims, (c) Fai lure of the Contractor to make payments properly to Subcontractor or ' for material or labor, (d) Damage to another Contractor, (e) Incomplete work ' When the above grounds are removed, payment shall be made for amounts withheld because of them. I I I I 26. Ac/eptance of Final Payment Constitutes Release The acceptance by :-e Contractor of final payment shall be and sna,l operat. a a release to the C'+•per of all c. aims ardall liability to the Contractor for all things -.L-e f'1r:::sped in eorrectier. with this work and for every act and neglect of the Owner ar.- r- -s rein::-_ No ayment however, final or otherwise, <r.t' ne:ate to to C: arts:rz out c: t.^.:s work. j. release the Contractor or his sureties from any obligations under iris ;c-:-.+ct or Perfor-lance and Payment Bond. 27. Pap penis by Contractor The Contractor shall pay (a) for all transportation and utility services ; r• :_ter t:.ar tV.' 2Lt2, dale- the calendar mdrth following that in which services are pen'.- - (bi .rn- te:.cS. tools, and other expendable eouipmert to the extort of r're:'• - 21 -r' C1. the thereof, later t-ar. the 20th day of the calendar r-�orth fo'iov::r._ ':.at :r. Best not m� erizls, tools, and ecu:Pment are delivered at the site of the project, zr' the balanr_ such t'c.e •':erect, not later than the 30th -day following the completion of :tat part of ".c • of :cst ^-' - ^- on wrier such materials, tools, and equipment are :r.r.orporat(: w-..: .-- -. '1≤"C. a:::: .. following 1. to of his scbcertractore, not later than the 5th cx; earn. - .... ,...- r-, .. .. t t (c; e_ch Contra.'cr, the respecive amounts allowed the Contractor on accent o::.: wore ,.. for' by -is subcontractors to the extent of each subcontractor's irate;est t erei.. e:: 2F. Insurance The Contractor shad not commence work under this contract until he r.as ins -:arcs required under this paragraph and such insurance has boor. z'.j.rO'lee b;+ .. Owner, nor shall the Contractor allow any subcontractor to commerce ,'nor:•: on :,is s:b- ccntract untiilthe ins-.-rance required of the subcontractor has been so obtainer and apprev' (••s(a) Ccrr=ersaticn Insurance: The Contractor shall procure and shall main:a:n -.• ...e .: a cf i:.:s contract Workmen's Compensation Insurance as required by applicable State or territorial jaw for all of his employees to be engager; in work at the s to of t '• jest under this contract and, in case of any such work sublet, the Contractor Shair : E- euire t-^- subcontractor -similarly to provide Workmen's Comp.ensat:r. :r.snrarce for all of the lanolin employees to be engaged in such work Unless sUc C-,::CCees ≥rt covered by the protection affordedbythe Contractor's Workmen's Con-._ er.sat:on ?csu.-- anee, in case any class of employees engaged in hazardous work or t`.e =-ojeCt under this contract is not protectedurderthe Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate e^ pops: 's 1:ab:'.it;r irst:rarce for the protection. of such of his employees as are not otherwise pro:.:clod. (b) Contractor's Public Liability ar.d Property Damage lr.surance_and \'z^_rte T.al:;- rs•-ranee: The Contractor shall procure and snail maintain during the !:fe of thh:s con- 1tract Contractor's Public Liability Insurance, Contractor's Property Carr.a;eundrapes and Vet tole Liability L^.surance in the amounts specified in the Supplemental Central Conditions.• ' Public Liability and Property Damage Insurance and ': e:.:c:e Li_.`.a (c) Saloonsactors --_-_ -. --_arc e: The Contractor shall eit'r.er (lj require each of his s•ihrnr.:. -: rt r.rs to Pro - 1`:.: sole and to maintain durir.g the life of his subcontract. dui:rn:t- ctc:r' r!•�a:•' - are Property Damage insurance and Vehicle l.iab:tit: insurance ni :r- ar..orts specified in the Supplemental General Conditions specified fts :::carr.Frapi. ,bI here. of or, (2) insure the activities of his policy, specified in subparagrapr. hereof. L.- artThe - q i 5:]:-araCra^.::9 (dl Sc^.-:e o' ?r.suzarce ar........................................... eeial =z�.cs: insurance oiled tins. •1e) an± :C) ^C:' cf s.^.z:l tCuyice ace-,al.:9 \•ib Cr,^.- tractOrs, :espert:vel;•, against damage claims which milt. arise :rr,1r. ri On:i Ur. '•: Nu0-47M •a -t:. this contract, whether such operations be by the insured or by anyone directly or in- directly employed by him and, also against any of the special hazards which may be encountered in the performance of this contract as enumerated in the Supplemental iGeneral Conditions. pp (e) Builder's Risk Insurance (Fire and Extended Coverage): 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 Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner, the Contractor, I 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 Ito 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 Insurance: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and date of ex- ' piration of policies. Such certificates shall also contain substantially the following state- ment: "The insurance covered by this certificate will 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 (100%u) 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 (100%) of the contract price or in a penal sum not less than that prescribed by State, territorial or local law, as security for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract. The performance 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 I, 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 assignee 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. 'I HUD-42J15(R) 33. Separate Contract The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials 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 immediately 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 of the work as being satisfactory for proper coordination with his own work, 34, Subcontracting (a) The Contractor may utilize the services of specialty subcontractors or. 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 concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require. (c) The Contractor shall Sr. 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 appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms 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 execution of the 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 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 best bid of at Ieastthree competitive bids. 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 adjustment 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 cast of installation of the "Allowed Materials" shall be included in the applicable sections of the Contract Specifications cover- " ing this work. HUD -02715 (9-70) /4-S 43. Provisions Required by Law Deemed Inserted Each and every prov'sion of 1a.v and clause required by law to be inserted in this contract shall be deemed to be rose rted herein a::d the contract shall he read and enforced as it were 'included herein, and if through mistake or otherwise any such provision is ;:ot 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 ' s The Contractor shall: exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages •' to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter }lII, Bureau of Tabor Standards, L'apartment of Labor, Part 1518, Safety and Health Regulations for Const Ucticn, as outlined in the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971. Title 29 - LABOR, shall be observed and the Contractor shall take or cause to • be taken, such additional safety and health measures as the Contracting Authority may determine to be reasonably necessary. II 45. Subcontracts: The Contractor shall, as soon as practicable after the signing of the Contract, submit to the Engineer, in writing, the names of any Subcontractors he proposes for any part of the work. The Engineer's approval must be secured, in writing, on all Subcontracts before they are made and signed. The Contractor shall be held fully responsible to the Contracting Authority and ' the Engineer for the acts and omissions of his Subcontractors and of the persons directly or indirectly employed by his Subcontractors. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the contract documents. ' The Contractor will insert in any subcontracts the Federal Labor Standards Provisions contained herein and such other clauses as the Department of Housing and Urban Development may, by instructions require, and also a clause requiring the subcontract- ' ors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. ' Nothing contained in these Specifications or in the Contract Documents shall create any contractual relation between any Subcontractor and the Contracting Authority. FT 1 I. I: 1 �Equai Employment Opportunity During the performance of this contract the Contractor agrees as follows: ' (,l) The Contractor :•rill not discri-ainate against any e:..plo;;ee or appl car i for employ;nent because of race, religion, sex, color or national rn. The Contractor grill take a£fi .native action to ens�_e that apoli^.ants are employed, and that employees are treated during r.p_•o':.._..,, • regard to their raco, religion, sex, color, or naticnai o_''_Ein. ?'.c:: action shall include, but not be li.^lited to, the fcl-c ago: erplc� cn:, upgrading, devotion, or transfer; recruitment or recriitrent atrer is_ng; layoff or termnation; rates of pay or other fans of ccarensatic::; _r-1 selection for training, including apprenticeship. The Contractor to post in conspicuous places, available to em)lcy=ss and applicants for enplocant, notices to be provided setting forth the pre is'_ r.s of this nonaiscr=.1 nation clause. (2) The Contractor will, in all solicitations or aav=r .s=_ e::.s for employees placed by or on behalf of the Contractor,- state that all qualified applicants will receive consideration for Dl' ^e aou • regard to race, religion, sax, color, or rational oriQ n". (3) The Contractor will send to each labor union or represettati•:e or workers :th u-ich he has a collective bargair.irg agreemert or other contract or uncersta-ci-=, a ::once to be provided advising th^ labor union or workers' revrese.^.tative of to Co -tractor's m comitments under Section 202ofExecutive Order No. 11246 of SeD:ember _-1. 15, a--' shall post copies of the notice in conspicuous places available to employees and app -cants der ernployr,ent. (4) The Contractor will comply with all provisions of Exec•:tivc Order \o. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 12 RI.172as (9-79) - _ 1 I I 37. Use of Premises and Removal of Debris The Contract expressly'undertakes at his own expense: (a) to take every precaution against injuries to persons or damage to property; (b)to.store his apparatus, materials, supplies and equipmentin 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 appearance: (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- sulting 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 proposal, they are giver. 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 completion 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 any 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 reasonable 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 Owner 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 'I delivered in person to the said Contractor or his authorized representative on the work, I. HUD-4231S(R) • ' : • H '/7-S (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 pen -nit Retest: to his books, records, and accounts by the Department of Housing and Urban Development and the Secretary of Labor for purposes ofinvestigationto ascertain compliance with such rules, 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 may be declared ineligible for further Government contracts or Federally -assisted construction contracts, in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the provisions of paragraphs (1) through (7) in every 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 may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department 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, o 48. Other Prohibited Interests r No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, or totake 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 indirectly interested personally inthis 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: 1 (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. 1 (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 thanone building, and one of the buildings is oc<:upied, 1 secures permanent fire and extended coverage insurance, including a permit to com- plete construction. Consent of the surety must also be obtained. i HUD—uses(R) i /ss I (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 pay or other forms of compensation: and selection for training. including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forththe provisions of this nondiscrimi- nation clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will. receive consideration ' for employment without regard to race, creed, color, or national origin. 5o. 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. Suspenston of Work ' Should the Owner be prevented or enjoined from proceeding with work either before or after the start of construction by reasonof any litigation or other reason beyond the control 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 reasonable time as the Owner may determine will compensate (or time lost by such delay with such determination to be set forth in writing. 52. Minimum Wages , ►ll laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once • j each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regula- tions issued by the Secretary of Labor, United States Department of ' Labor, pursuant to the Anti -Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less then those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached and herein incorporated '• by reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such ' work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the Local Public Agency or Public Body for the cashing of the same without I. cost or expense to the employee. For the purpose of this clause, • contributions made or costs reasonably anticipated under Section 1 (b) • (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contribu- ttione made or costs incurred for more than a weekly period under plans, • hinds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during ouch weekly period. ' 53. 1JNDERPA'XMENTS OF WAGES OR SAT.ARTFS In case of underpayment of wages by the Contractor or by any ' subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body in addition to such other rights as may be afford- ed it under this Contract shall withhold from the Contractor, out of ' any payments due the Contractor, so such thereof as the Local Public 19-S Agency or Public Body may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the Local Public Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. 54. ANTICIPATED COSTS OF FRINGE BENEFITS 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 fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract: Provided, however, The Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor lust be submitted to the Local Public Agency or Public Body with the first payroll filed by the Contractor subsequent to receipt of the findings. 55. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFE'L'Y STANDARDS ACT (76 Stat. 357-360: Title 40 U.S.C., Sections 327- 332) (a) Overtime requi^ements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such work week, as the case may be. (b) Violation: liability for unpaid wages liquidated damages. In the event of any violation of the clause set forth in paraggrapn (a), the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of $10 for each calendar day on which such employee was required or permitted to work Hill) 4238-s(R) 2O5 in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth • (o) Withholding for liquidated damages. The Local Public Agency or Public Body shall withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liqui- dated damages as provided in the clause set forth in paragraph (b). (d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further oubcontracts that may in turn be made. $6. )LOYJcNT OF APPRENTICES/TRAmEES F I I . Apprentices will be permitted to work at less than the prede- termined rate for the work they performed when they are em- ployed and individually registered in a bona fide apprentice- ship program registered with the U. S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in ouch an apprenticeship program; who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be gligible for probationary employment as an apprentice. The allowsole ratio of apprentices to journeymen in any craft classi- fication shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise employed as stated above., shall be paid the wage rate determined by the Secretary of Labor for the classification of work .he actually performed. The contractor or subcontractor will be required to wuo-ve., D. C.• H I Ii ' furnish to the contracting officer or a representative of the Wage -Hour Division of the U. S. Department of Labor written ' evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the contract I. work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. b. Trainees. Except as provided in 29 CFR 5.15 trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U. S. Department of Labor, Manpower Administration, Bureau of Appren- tice and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship avid Training. Every trainee must be paid at not lees than the rate specified in the approved pro- gram for his level of progress. Any employee listed on the payroll at a trainee rate who is not registered and partici- pating in a training plan approved by the Bureau of Apprentice- shhip and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish the contracting officer or a repre- sentative of the Wage -Hour Division of the U. S. Department of Labor written evidence of the certification of his program, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a train- ing program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. o. Equal Employment Opportunity. Theutilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 1121j6, as amended, and 29 CFR Part 30. • 2z -S ► U -Vaal., D. c. 57. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 58. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT" • The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874: and Title 40 U.S.C., Section 276c), and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the require- ments thereof. 59• E^'1PLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency or Public Body, and a report of the ac*.:on taken shall be submitted by the Local Public Agency or Public Body, through the Secretazy of Housing and Urban Development, to the Sedretary of Labor, United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the Local Public Agency or Public Body shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for final determination. 60. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The Local Public Agency or Public Body shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for determination. HWMash.. D. C. C ii 1 61. POSTING WAGE DETERM INATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS ' The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of ' said Secretary of Labor with respect to the various classification of laborers avid mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in ' accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classi- fications, shall be posted at appropriate conspicuous points at the site ' of the work. 62. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES •' No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any ' subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards appli- cable under this Contract to his employer. ' 63. CLAIMS.AND DISPUTES PERTAINING TO WAGE RATES •' Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body for referral by the latter. through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with • respect thereto. 64. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the I. application or interpretation of (a) the aforesaid Anti -Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (c) the labor standards provisions of any other pertinent Federal statute, shall be referred, through the Local Public Agency or Public Body and the Secretary of Housing and Urban Development,. to the Secretary of Labor, ' United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. ' 65. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS The Contractor and each subcontractor shall prepare hie payrolls on forma satisfactory to and in accordance with instructions to be r. z4=3 Mw.we., a a furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Public Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcon- tractors, it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcon- tractor covering all laborers and mechanics employed upon the work covered by this Contract ^hall be maintained during the course of the work and preserved for a period of 3 years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, hie correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations, 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 or subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Contractor and each subcontractor shall make his employment records with respect to persQne employed by him upon the work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Development, the Local Public Agency or Public Body, and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during working hours on the job. 66. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or 'furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains, by persona employed by the Contractor or by any: subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. 67. INELIGIBLE SUBCONTRACTORS The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted HUD-Wa.e., D. C. without the Local Public Agency's or Public Body's prior written approval of the subcontractor. The Local Public Agency or Public Body will not approve any subcontractor for work covered by this Contract who is at the time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, Unite ¢ States Department of Labor or the Secretary of Housing and Urban Development, to receive an'awaid of such subcontract. • : • : • • • • :1 • 1 / 911 JI•J • t The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provi- sions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring such insertion in any further subcontracts that may in turn be made. ,• :�• •• ••a •� eta•. ;•. ,,., ..•, • In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. 70. 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. 71. Contract Termination; Debarment A breach of Section 45 and the Federal Labor Standards Provisions, may be grounds for termination of the contract, and for debarment as provided in 29 CFR 5.6. HUT) 4'38-S(R) 2-S HUD.Wnh.. D. F I U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SUPPLEMENTAL GENERAL CONDITIONS 1. Enumeration of Plans, Specifications and Addenda 2. Stated Allowances 3. Special Hazards 4. Public Liability and Property Damage Insurance S. Photographs of Project 6. Schedule of Minimum Hourly Wage Rates 7. Builder's Risk Insurance 8. Special Equal Opportunity Provisions 9. Certification of Compliance with Air and Water Acts 10. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention IIUD-4238-N (R) (9-66) 1, ENUMERATION OF' PLANS, SPECIFICATIONS AND ADDENDA .Following are the Plans, Specifications and Addenda which form a part of this contract, as set forth in Paragraph lof the General Conditions, "Contract and Contract Documents": DRAWINGS General Construction: Heating and Ventilating: Plumbing: Electrical: UTILITY CONSTRUCTION SPECIFICATIONS: Nos. i 11 " 1 thru 4 General Construction: Page to , incl, Heating and Ventilating: '1 to , incl, Plumbing: " to , inci, Electrical: to , incl, UTILITY CONSTRUCTION " 10 to 27 , incl, " to , incl. ADDENDA: No. No. ' 2. STATED ALLOWANCES Pursuant to paragraph 36 of the General Conditions, the contractor shall inlude the following cash allowances in his proposal: ' (a) For 6" V.C.P. (Page 25 of Specifications) $ ' (b) For6" D.I.P. (Page 27 of Specifications) $ (c) For MANHOLE CASTINGS (Page25-26of of Specifications) $ (d) For 12" ENC. PIPE (Page 27 of Specifications) $ (e) For SB-2 (Page 27 of Specifications) $ ' (f) For CONCRETE (Page 26 of Specifications) $ Date No. Date No. Date C1 3. SPECIAL HAZARDS The Contractor's and his Subcontractor's Public Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: AN y #44 tA/a) /MvOL✓EJi /N z,1r1 /Ty 'o.v sr,e .k - g 4• CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY, AND PROPERTY DAMAGE INSURANCE As required under paragraph 28 of the General Conditions, the Contractor's Public Liability Insur- ance and Vehicle Liability Insurance shall he in an amount. not less than $ZQIor in- juries, including accidental death, toan one person,_,and subject to the same limit for each person, in an amount not less than $ JOOOC>otric nt of one accident, and Contractor's Property Damage Insurance in an anount not less than $_sZ _____ The Contractor shall either (1) requite each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage of the type and in the same amounts as specified in the preceding paragraph, nr (2) insure the activities of his subcontractors in his own policy. 5. PHOTOGRAPHS OF PROJECT ' As provided in paragraph 50 of the General Conditions, the Contractor w111 furnish photographs in the number, type, and stage as enumerated below: A10 E iP�gvi2 11 .. IH I 6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMU,11 HOURLY WAGE RATES AS RE- QUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS fAl ,eAcAc OP SpECIFICATIOAJS, 7. BUILDER'S RISK INSURANCE ' As provided in the General Conditions, paragraph 28(e), the Contractor vi'i/will not.* maintain Builder's Risk Insurance (fire and extended coverage) on a ]t!o percent complr•l.ed value basis on the insurable portions of the project. for the benefit or the Owner, the Contractor, and all sub- contractors, as their interests may appear. $Strike out one. 29-S I 1� 1! I Ii 1 I 1' I L L I 11 B. SPECIAL EQUAL OPPORTIRTITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 112!:6, as Amended • (Applicable to Federally assisted construction contracts and related subcontracts under $10,000) During the performance of this contract, the contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, 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 pay or other forms of compensation; and selection for training, including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Zontracting Officer setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive considera- tion for employment without regard to race, color, religion, sex, or national origin. (3) Contractors shall incorporate foregoing requirements in all subcontracts. B. Contracts Subject to Executive Order 112!16, as Amended (Applicable to Federally assisted construction contracts and related subcon- • tracts exceeding $10,000) During the performance of this contract, the contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, 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, color, religion, sex, 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 pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided -by the contracting officer setting forth the pro- visions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified appli- cants will receive consideration for employment without regard to race, color, -religion, sex, or national origin. 30-s • ' (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 undorstanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Contrac- t tor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. '(h) The Contractor will comply with all provisions of Executive Order 11246 of September 2t, 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 11216 of September 2b, 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 and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, 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 canceled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further Government con- tracts or federally assisted construction contract procedures authorized in Executive Order 11214 of September 2L, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately pre- ceding paragraph (1) and the provisions of paragraph Cl) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 2011 of Executive Order 11216 of September 2t, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including I. sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, 'the Contractor may request the United States to enter into such litigation to protect the interest of the United States. ' C. Hometown or Imposed Plans In areas where a hometown plan or imposed plan is operative, the Community Development Block Grant Recipient must contact the appropriate HUD Equal Opportunity Office for specific instructions. I I J L 3I- S. e D. "Section 3" Cc pport�unitiea: e in the Provision of 'font and Business • During the performance of this contract, the contractor agrees as follows: (1) The contractor agrees to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 170(u), as amended, the HUD regulations issued pursuant thereto at 2)j CFR Part 135, and any appli- cable rules and orders of HUD issued thereunder. (2) The "Section 3 clause" set forth in 21, On 135.20(b) shall form part of this contract, as set forth in Paragraph 1 of the General Conditions, "Contract and Contract Documents". (3) Contractors shall incorporate the "Section 3 clause" shown below and the ,foregoing requirements in all subcontracts. Section 3 Clause as Set Forth in 2h CFP. 135.20(h) A. The work to be performed under this contract Is on a project tsstated un- der a program providing direct Federal financial assistance from the Depart- ment of Housing and Urban Develop- ment and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1068. as amended, 12 U.B.C. 1101u. Section 3 requires that to the greatest extent feasible opportuni- • ties for training and employment be given lower Income residents of the project area and contracts for work In connection with the project be awarded to buslnoas concerns which are located In. or owned in substantial part by per- sons residing in the area of the project. B. The parties to this contract will Comply with the provision of said sec- tion 3 and the regulations issued pursu- ant thereto by the Secretary of Housing and Urban Development set forth in 34 CPR and all applicable miss and orders of the Department issued there- under prior to the execution of this con- tract. The pant's t, this contract certify and agree that they are under no con- tractual or other disability which would prevent them from complying with these requirement!. C. The contractor will send to each la- bor orginlzatbn or repressntative of workers with whth he has a collective bargaining agreement or other contract or understanding. It any, a notice advte- Ing the said la`or orvanlzatlon or work- ers' renresentative of his commitments under this section 3 clause end shall post copies of the not Ice in conspicuous places available to employees and applicants for employment or training. D. The contractor will Include this section 3 clause in every subcontract for work In cnnnertlon with the project and will, at the direction of the applicant for or recipient of Federal financial as- sistance, take appropriate action pursu- ant to the subcontract upon a finding that the subcontractor is in violation of regulations tteued by the Secretary of Housing and Urban Development, 24 CFR _. The contractor will not sub- contract with any subcontractor where It has note^e or krnwledge that the latter has been found in violation of regula- tions under 24 CFR -- and will not let any subcontract unless the subcon- tractor has first provided it with a pre- liminary statement of ability to comply with the requirements of these regu- lations. E. Compliance with the provisions of section 3. the regu'aticns set forth in 24 CFR a^d all applicable rules and orders of the Department Issued there- under prior to the execution of the con- tract, shall be a condition of the Federal financial assistance provided to the proj- ect. binding upon the applicant or recip- lent for such asistance, its Successors. and assigns. Failure to fulfill these re- quirements shall subject the applicant or recipient, its contractors and subcontrac- ton, Its sueceanors. and assigns to those sanctions eperiflyd by the grant or loan agreement or tonlnct through which Federal tF si,jance 1s provided, and to such sanctions as ire specified by 24 CFR —.136. 32-s • L 9; CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related • subcontracts exceeding $100,000) Compliance with Air and Water Acts During the performance of this contract, the contractor and all subcon- tractors shall comply with the requirements of the Clean Air Act, as amended, h2 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 140 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: (1) A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt contract or sub- contract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to !i0 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of Section 1114 of the Clean Air Act, as amended, (142 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued • thereunder. (3) A stipulation that as a condition for the award of the• contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. (!j) Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (t,) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. • 33-s U I 1 1 I I U r I Ii U I. L 1' I 10. SPECIAL CO}FDITIONS PERTAITTING TO HAZARDS _ SA1"ETY STANDiuiJJ3 A'D AC lDi,iNT PIEU N'P1UN A. Lead -Based Paint Hazards (Applicable to contracts for construction or rehabilitation of residential structured) The construction or rehabilitation of residential structures is subject to the HUD Lead -Based Paint regulations, 21r CFR Part 35. The Contractor and Subcontractors shall comply with the provisions for the elimination of lead base paint hazards under sub -part B of said regulations. The Owner will be responsible for the inspections and certifications required under Section 35.14(f) thereof. B. Use of Explosives (Modify as Required) When the use of explosives is necessary for the prosecution of the work, the Contractor shall observe all local, state and Federal laws in purchasing and handling explosives. The Contractor shall take all necessary precaution to protect completed work, neighboring property, water lines, or other under- ground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The Contractor shall notify all owners of public utility property of intention to use explosives at least eight hours before blasting is done, close to such property. Any supervision or direction of use of explosives • by the Engineer, does not in any way reduce the responsibility of the Contractor or his Surety for damages that may be caused by such use. C. Danger Signals and Safety vices (Modify as Required) The Contractor shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition, sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the Contractor fails or neglects to take such precautions, the Owner may have such lights and barricades installed and charge the cost of this work to the Contractor. Such action by the Owner does not relieve the Contractor of any liability incurred under these specifications or contract. 34-S • 1 •• tyti:it Y.n®n��,�m�a�.�. ate.. _ • — — 1 ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO•CALLED "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED ' PURSUANT THERETO BY THE SECRETARY OF LABOR. UNITED STATES DEPARTMENT OF LABOR ' TITLE 18, U.S.C., section 874 (Replaces section I of the Act of June I3. 1934 (48 Stat. 948.40 U.S.C., 1 j sec. 276b) pursuant to the Act of June 25. 1948.62 Slat. 862) ' .XJCKBACKS FROM PUBLIC WORKS EMPLOYEES. 1Yhotyeb by fora, (ntimidalon, or threat at pro: urine dilmi..,l from rmpirwmrnt, or by any other manner uh also- ' Me Induces any person employed in the eon,tmruon. pro ecution. completion or repair of any public bu,ldin . public work, abulding or work financed in w hole or m put by brans,•: cants (mm the United mates. to give up am part of the ram. I penullon to which he is entitled under ha contract of employ ment. shalt be fined not more than 531)4J0 or tmpn•uned no: noes than five yon, or both. SECTION 2 OF THE ACT OF JUNE 13. 1934. AS AMENDED (44 Sat. 943,62 S:at. 862, •: 63 Snt. 108,72 Stat. 967,40 U.S.C.. sec. 276c) • The Secretary of Labor ,hall make naeonabk rrjnlatlons for contractors and suhcontractor- ensaced in the conruction, psoseeu4wn, complrtinn or repair of public buddmgs. ptLblic works or buril,nes or works financed in uhole nr in Pan b% loans ergtants from the United Stairs, mclodine a prov..iun that each contractor and subcontractor than furnish wrLl) a statrment • ! vithrespet to the wanes paid each employee during the preceding week. Section I001 of Title 18 (United Sates (lade) shall apply to such statements. i ' ... X X K... Paauant to the aforaaid Anti -Kickback At. the 4rrtvv of Labor, United States Department of Labor, has pmmul- baled the regulations hereinafter set forth, -huh re;.J,tions arc found in Title 29. Subtitle A, Code of Federal Rreulabom, I. Pat 3. The term "this put,"u used in the regulations hereinafter set forth. refers to Pat 3 ls.t above mentioned. Said r.g. • tsblions an as (ollow,: TITLE 29 —LABOR 1 I- - • Subtitle A — Office of the Secretary of Labor PART 3 —CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED LY • - WHOLE OR IN PART BY LOANS OR GR&\TS FROM THE UNITED STATES Section 3.1 Purpose and scope. This pat prescribes "antihifcktark"rrgulaGons under section 2 of the Act of June 13. 1931. as amended (lU U.S.C. I. 7J6e). popularly known as the Copeland Act. T ks part applies to any contact which is •ubjri t to Federal wqe !tanduds and which is for the construction. proweution.compkkiion. or repair of public buildinzs. public works or buildings or works trnane.J in whole or in part Ly loans or pants from the I nited Jtatrs. The pare is intended to aid in the enrorrement of the minimum were provision, of the Dan•B,con Act end the carious alitutes deaioaz with FeLeralv.a— wted cone'action that ' - Contain Ym1IY minimum wane praviNJna, including those proWgno which am not subject to Rcurgruration Plea No. 14 Bya!•7tlfi• * L1Ael1t$ ,WtWkm PfltIRR4OMmai°OYAtn''IY • HUD 4238-S(R) .w • a ae a a • a • .. - ____ • Daubit t" ,a.. t.Q.WY"• IY.•�1•,••4 r.-x,_w�•rs,s era _ an 1 ' (a.&. the College Housing Act of 1950. the Federal Water Pollution Control Act. and the Housing Act of 1959). and in the enfoettment of the ovfvtime provisions of the Contract Work Hour. Standards Act whenever they art applicable to construction wart The pan details the obligation of conflation and subcontractor relative to the weekly wbmision of ststemrnta "card - Mg the wages paid on work covered thereby: seta forth the circumstances and procedure. govemini t)t making of pay roll de ' duetio.a from the wages of than employed on weh rock; and delineates the methods of payment permisable on such work. Section 3.2 Definitions. '• Asundk the regulations in this put: (a) The term. •'budding" or "work" generally include contraction activity a distinguished from manufacturing. famishing of materials. or semcing and maintenance work. The terms include. without limitation. buddin p, structures, and Improvements of all l, -pea. such as bndzn, dam., plants, hvhways. parkways. streets, subways. tunnels. sewers, maine, power. line., pumping stations, rnlwava. airports, terminals, docks. plrn. whaAo, ways. lighthotse., buoys. jetties. Lrrakwatm. Ieven, and canals; drednnz. ehonng. scaffolding, drilling. bLsbne. eaeaunng, elcannq, and landscaper.. Urlea conducted in connection witS and at the ate of such a building or work a is dncriLed in the forezoiug sentence. the manuficture or famish. Ing of nateriab, awl ic!n, wppl its. or equipment (whether or not a Federal of State a;zncy acquires tale to such toatrrui., artieles,wpplies. or equipment during the course of the manufacture or furnishing. or owns the ma1tralss Loco which they an trssnuhelrned or fumirhed) a not a Thudding" or work" within the meaning of the regulations in this part. (b) The firms "construction." "peoacutbn,""completion•"or"repair" mean all types of work done an a paftic'lar ►m'Iding or work at the site thereof, including, without limitation, altering.iemodeling. painting and decorating. the lunsport. 1 jag of materials and supplies to or from the budding at work by the emplol era of the eomtrucnon contractor or construction sabeontraetor, and the manufacturing or furnishing of materials, utiein, supplies, or equipment on the site of the bmldtng or week, dy persons employed at the site by the contractor or subcontractor. • (c) The terms "public budding" or "public work" include building or work far whoa. construction, prosecution. cons• pkt'aon, or "pair. as dtfncd above, a Federal .geney is a tonteacring party. regardless of whether title thereof is in a Federal agn9'- (d) The term "building or work financed in whole or in put by loan; or pants from the United Stater" irclades b:u!d. ' ingot work fer'whose construction, prosecution. completion.or repair, as defined above. payment or put p..ment is made dinety or indirectly from funds provided by loans or grants by a Federal agency. The term does not include builJira cr work for which Federal aaistann is limited solely to ban guranten or insuring. (e) Every person paid by a contractor or subcontractor in any manner for his labor in the constructbn, pm'ecu;ion. completion, or repair of a pubke bwldmg or public work or bai:Jinz or work financed in whole or in part by !oars or pants from the United State, is "employed"and receiving "wages,"ngudlesa of .ray contractual relationship alleged to exist batw•en ►bra and the real employer. _ (1) The term "any affiliated person" includes a spouse, child. parent, or other close relative of the contractor or sub- contrsttoria partner or officer of the contractor or aubmntraclort a corporation closely mnnecled with the contractor or subcontractor at parent, subsidiary or otherwise. and an officer or scent of such corporation. • (g) The tern "Federal sgmcy" means the United Stain, the District of Columbia, and all eaecuti.r departments. in- dependent establishments. dminiaulivt azenc,e.• and inilrument,Lties of the United Suter and of the D strict of Colombia, Including corporations. all or substantially s.ii of the stock of which is benefida!ly owned by the United States. by the District of Columbia, c any of the forr.voing departments, establishments. agencies, and instrumentalities. Section 3.3 Weekly statement with respect to payment of wages. (a) As used in this section, the term "employee"shall not apply In persons in ds.vificalwns higher than that of Aber ormceSanic and ISo.e who are the immediate superv'.or. of such employee• e asesiasa,taatrsmayaretb cerise y�ssetvrraau>z:at+kc►w • 1 . 1 A.K.A.-2 . I I , • I .. -.. ' FJJ obit 672'________ifouaitin____y +•__:_9S'Yasrx[aaatQtvrr�avmcpWals______ 1 H H S • (b) We contractor r subconlrator engaged in the construction. pro crutralr, complel on. or repair of any pul tic 6mldiug or public wort, or Luiltbug w wort Ineanerd in whole or in put by loan: or pants from (lie Coiled Stales. .ha11 frvnb6 each taut a ddement with n•ptrt to the wage. paid each of iM ruq,lolers enfagcd on work catered by 29 CI'It baba 3 and 5 Juring Ilie prec'edmg .se kll pal roll preload. Tlris state patent dull i.e executed be the contractor or.nbriuf- tnelw or by an autlurired officer or cotsplo)er of the rontrartor or Subcontractor who wlrni.o lime paw orent of sus. -r., and �6a11 be on fwmrts nr W11 318. "?Ialcl of Compliance", or an an ilanit.1 (onto am I lie halt. of li ll 317. ''l'a' rolI (F or Co.,. babas Optional (,.e)' or on any form wish identical wording. 5aurpler cops of MI :117 and Wit )78 mat be oLta,ort) Loco lit Covernment contracting or sponsoring a enev. and copies of Iherr forms may it purluvd at the 6wvmnens Priubng OfGw. (t) The requirements of this section dull not apply to any contract of 52.800 or leas. (J) Upon a written rindiny, b) the head or a Federal agency. lbw Secratary of Labor may provide reamuaLle limit anions. Yauliucn, loIermmer, and eyrmplions (rum time reglsiremenhs of limit section subject to such condition, as the Secretary of • ).sow may specify. 129 F.R.95, Jan• 4.1964... amended at 33 F.R. .81116,July 1?, 10681 • Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records. (a) Fisch weekly statement required under § 3.3 stall he Jcliv nerd by she contractor or wbroulrarlor, within >errn days after the tep,IJr psi mrnt date oil'c ps/fall preload. to a it prr•enrats.e of a Frdrr.l or State age -nn in chance a1 the site of tic building or wort, or, if sl,ere is no eeprrsrnl stove of s Frd••r.d or State sp-np al lime site of the huddmp or work, the statement rldl he marled by the curindor or sahcmunctor. w it hire tacit time, no a Federal or State nrnty ronlra• Inig toter financing tic r bwWiup or work. Alt,-, +ueh rsmmnanon raid rlvrk m mar it made, sort atalemrn6m a uqn dvrmf. shall be kept svail)Lle, or Shall be trantnul led L,get lite with a report of any nulaton, in accordance with apphr aldc proredures pttsttibcd by the United `talcs I Irpsrlmrnl of Labor. - t _ (Is) Each contr atIor or subcontract or shall pre er.e his week is pas roll rrcnrds Gu a period of 0,rtr year+from doe of eornptrlon of tlw runtract. The pal roll recnrdt ,lull set out ats:•rately said comnl, t.ly the name and addrr>< u(carl, lahurrr • and mechanic, Lis ;one Irla.u(iy.l,,on. rate ofpa%. daily and werklt nuen)er of haars wurke•J, dcduel,ant made, and eclnal wage. paid. Such pat roll record. Ju!l Le made arsdalde at all time for incpreton b) the contracting officer or In, authonacd aepreaenblirr, and I•)au lhuriaed reprrrntatnn of time Department of Lahor. Section 365 Payroll deductions permissible without application to or approval of his Secretary of labor. { I. Deductions nude cooler the eircumscantn or in Ii,. titualiuns )curbed in time parap apin of this section may lie made without application to sod approval of the Secretary of Labor: (a) Any deduction made in compliance with liar rryuirements of Federal. State, or local law, such as Federal or Slate wihhoWing income kayo amid Federal social security Inc.. - (1r) Any JrdwGon or ascot prrtmndp paid to ah<empb) eras a Imm Gds pmpacment of wa_n when such perkier mart 6 made willout d,nvunt or nIeresl. A "bona tide pecpa) me ell of waees•'is con.iderrd to lose tern made only w hen ca -h or { its equhaln.t bar been adt anced to die pts,nn emplol ni in sorb m,,',¢, as to pre Lim tomplett freedom of dopa.iliun of Ihr I .� adearveJ fund.. (c) An) dtJuetioo or .mounts rt-quird by yours process to be paid :o anther. tales tl:edrduttion is in favor of the torduUot,subconhrattur or an) affiliated person. OF when collmian or collaboration ea it,. 1 i a i . . :--. .1. • + A.K.A.-3 I t ,dllblt_ • •. 'bS)f•.•... i •.._,_- .�.Qe�,�,,; `__•ypa(.tVfSxaatxwranuouvtpap�-yya i - - :- - ' (d) Any deduction constituting a contribution on behalf of the person employed to funds ettablb}.ed by the employer orteptesentativea of employee., or both, for the propose of pmsidir4 either from principal or income, or both, medical or 6oapital can, pensions or annuities on retirement, death benefits, compenanon for injuries, illneu. accidents, sickntu, or disability, or (or insurance to provide any of the foregoing, or unemplovment bent fits. vacation pay, urines accounts, or dmilar payments for the benefit of employee., their families and dependents: Reentered. however, That the (ollowine standards an met: (1) The deduction is not otherwoe prohibited by 6w: (2) itis either: fit Voluntarily consented to by the employee is writing and in advance of the period in which the work is to be done and such con.ent is not a rondItioo either for the obtaining clot for the continuation of empl.v ment. or (n) provided (min a bona fide collector bar,,inine awrremenl be. (week the contractor or subcontractor and rtpmwnuton of it. employer. (31 no print or other benefit is otherwise obtained. directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commiwion. dividend, or otherwise; and (4) the deductions shall sent the convenience and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Sumps and Bonds when voluntarily authorised by the employee. (f) Any deduction requested by the employee to enable him to repay bans to or to purchase shun in credit unions egaalled and operated in accordance with Federal and State credit union statutes. 1 (g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi - governmental agenek>, such as the American Red Cross. (h) Any deduction ,otuntarih authorited by the employer (or the making of contributions to Community Chem, United Given Fund:, and sinuliar charitable organization.. O Any deductions to pay regular union initiation fees and membership duet. not including fines or special asnesements: ?Yo.ided, Aorevn, That a collective bargaining aynement between the o•ntracmr or subcontractor and representatives of its I - employees provides (or such deductions and the deduction, are not ,nherwee prohibited by law. Q) Any deduction not meat than for the "ua.r.nat•1r coil" 0r b..ard. to1_inr, or other facilities nice tine the rryuire. meatsot section 3(m) of the In Klee Standard, Art of 19.7t a- amended. and Part 5:11 of this title. P hen such a deduction is made the additional records required under § 516._': (a) of this title ,).41 be kept. ' Section 3.6 FayroU deduclions permissible with the approval of the Secretary of tabor. a Any contractor or tubeontnetor may apply to the Secretary of labor for permidion to make any deduction not per- ' odlled order § 3.5. The Secretary may grant permiweon whenever he finds that: (a) The contractor, subcontractor.or any affifated person does nut make a profit or benefit directly or indirectly from the deduction Tither in the form of a commiaaion, dividend, or otherwise: (b) The deduction is not otherwise prohibited by law; (<J The deduction is either (I) volume;ly eon.rnled to by the employes in r;line and in advance of the period in w hich • the wink 6 to be done and with ton,ent is not a condition either for the obtain;nt of employment or its continuance, or (2) ' provided for in a bona file collective bargaining agreement between the contractor or subcontractor and reprcxnun.es of its employees: and (d) The deduction serve. the conveniencund interest of the employee. - e a I • C A.K,A,-4 Fd�hit I Section 3.7 Applications for the approval of the Secretary of L•Ibor. Al') application for the making of payroll deductions tinder § 3.6 shall comply with the requirements prescribed in Ass loUowing paretR•ph• of this section: (a) The apldicatiou shall be in writing and shall be addrsred to the Secretary of Labor.. ' (b) The application shall identify the minuses or contracts ender which the wink hi question it to hr pnfonnrd. Per. aksion will be given foe deductions only on spent¢, idup itied toil -ruts. e%ccpt upon • slma. ii'; of exceptional circumstances. (e) The application shall state sflrmatively that them it compliant' with the standards se) forth in the peosisions of 3.6. The •ffirnution shall be coompamed by •full statement of the facts indicating such compliance. (d) The application shall include • deteription of the prolosrd dcduclimr, the purpo.e to be served thereby. and the classes of laborers or mechanics from whose vales the proposed dcdusdivas would be made. (e) list application ddl pate the name and business of any third person to .am any funds obtained from the pro• poled dc4ucuions are to be transmpted and the affiliation of surh pawn, if any, with Elie applicant. Section 3.8 Action by the Secretary of labor upon applications. The SCerelsry of Tabor shall decide whether or not the requested deduction is permissible under provisions of § 3.6; sad dull notify the applicant in writing of his decision. •Section 3.9 prohibited payroll deductions. - (Deductions not clnwhere prorWcd for by this pad and which are not found to be pcnnia,ibk under § 3.6 are probibit.d. Section 3.10 Methods of payment of w33es. The payment of raga Jsv'1 be by rash, negotiable indrmnents pn able on dcmand.or the additional forma of compens.- lion for which deduction, are permissible under this put. No other methods of payment dull be ncogmaed on work subject to the Copeland AcL •Section 3.1) ulattons part of contract. ' R gAll contracts made with respect to the construction. prosecution, complrrlon, or repair of my public huild'nsg or pahlic work or building or work financed in whole or in pan by loans or grants from the United Staid s covered by the regulations in It this pan shall erprcaly bind the contractor or subcontractor to comply with such of the regulatimu in this put as may be •p• pliciWe. In this regud, we § 5.5 (a) of this subtitle. I I I I I] 1 Q'.kgtpiW7aM1FYiY\iM6Mf!' .kylv+fNtly • 'HUD 14233-S(R) a r; i I. II DETAILED SPECIFICATIONS 1 PART I - CONTRACT STIPULATIONS 1 I-1 SPECIFICATIONS: These detailed specifications are drawn with the object of securing first class workmanship and materials throughout the work embraced in this contract, and of securing completed structures properly and well constructed with regard to all local conditions. ' I-2 EXTENT OF WORK: It is mutually agreed and understood that the contractor will ' furnish all tools, labor, equipment, materials, and supplies required to be furnished, and will construct complete all work shown on the Plans and in these specifications. The work consists of: SCHEDULE I Furnish all labor and materials required to be furnished, and construct complete 22nd Street Sewer shown on the Plans. SCHEDULE II Furnish all labor and materials required to be furnished, and construct complete the Highway 71 South Sewer as shown on the Plans. I-3 LIST OF PLANS: * The Plans are bound separate from the specifications and are generally titled "22ND STREET SEWER", and subtitled as follows: DESCRIPTION SHEET No. Vicinity Map 1 22nd Street Sewer 2 Highway 71 South Sewer 3 Sewer Details 4 I-4 LANDS AND. RIGHTS -OF -WAY: The.Owner will provide all permanent easements or permits actually required for the construction of the work in all Schedules. The Contract•or shall lease, buy, or make satisfactory provisions, without obligation to the Owner, for all other temporary land easements or rights -of -way which he may require for access or storage of materials or equipment. •1 • ' I-5 STAKING OUT WORK: • The Engineer for each Schedule will furnish labor to act as I. rodmen, chainmen, and to perform all other duties required to assist the Engineer in staking out the work for construction and for measurements to determine quantities of pipe installed. The Contractor shall not be required to furnish any labor for this purpose. I-6 QUALITY OF THE PLANS: The plans have been made with care but cannot be assumed to be correct in every detail when many of the conditions to be encountered are not shown on existing maps and are underground. The approximate location of existing underground water, gas, and telephone lines are shown. The placing of this information on the plans in no way obligates the Owner as to its correctness, as it is indicative only and is placed there for the information and assistance of the Contractor. It is the expressed intent of these Plans and Specifications that the Contractor is to make his own investigation of conditions to be encountered, including rock and underground water, and the submission of the Proposal by the Contractor for the work constitutes his compliance with this requirement. I 1 ' DETAILED SPECIFICATIONS • PART II - CONSTRUCTION SPECIFICATIONS II -1 PLANNING AND EXECUTION OF THE WORK: The construction work included under these specifications shall be so planned and executed that the various portions of the work will be carried on concurrently and the whole completed within the time allowed. II -2 EXCAVATION - GENERAL: All excavation shall be carried accurately to the line and grade shown on the Plans and established by the Engineer. When excavation is carried below or beyond that required, the space shall be filled with ' com- pacted SB-2. No claim for additional compensation shall be made for such backfilling of excess excavation unless the Contracting Authority or its agent is responsible for the error. ' When necessary to protect the laborers, the work, or adjacent property, the Contractor shall provide and install shoring. Such shoring shall remain in place until the backfill has proceded to the point where ' it can be safely removed, except that if in the opinion of the City Engineer • damage is liable to result from withdrawing shoring, it shall remain in • place. ' II -3 EXCAVATION - TRENCH FOR SEWER LINES: In order to avoid superimposed loading in excess of the designed I. and specified pipe strength and to provide sufficient room for proper in- stallation and bedding of sewer pipe, the trench widths for the pipe sizes used shall be kept within the limits specified as follows: ' Inside Pipe Min. Width of Trench Max. Width of Trench 12" Diameter At Center of Pipe Above Outside Top of Pipe ' 6" 24" 26" If it becomes necessary to reduce the earth load on the trench banks to prevent sliding and caving, it will be permissible to cut the trench banks back on a slope above an elevation two (2) feet above the outside top of the pipe. Under no circumstances, however, shall the specified ' maximum width twelve (12) inches above the outside top of the pipe be ex- ceeded, except at point where the combined superimposed earth and live loads on the pipe are sufficiently low to permit an increase in the specified maximum trench width, and then only where such an increase in trench width I. is authorized by the Engineer. ' Except where special bedding is required and except as specified • herein, rough excavation for sewer and drains shall not be carried lower than •a distance equal to 1/10 of the nominal pipe diameter or two inches, which- ever is the greater, above the specified trench grade elevation, and the U remainder of the excavation shall be done by the pipe layer immediately prior to installing the pipe, using the final excavation to firm up on each side of the pipe previously laid. The bottom of the trench shall be generally shaped to fit the outside surface of the pipe in such • a manner that the pipe will be in continuous contact with, and have a longitudinal bearing on soil for the full length of the pipe except for such distance as it.is necessary for bell holes and the proper sealing ' of the pipe joints. The pipe subgrade shall be accurately graded prior to excavating bell holes. The accuracy of the finished grade of the pipe shall be obtained in preparation of the subgrade. A bell hole I. for each joint shall be excavated by the pipe layer immediately prior to placing the pipe in the trench. Bell holes shall be of such depth that the pipe bell will not come in contact with the bottom of the bell hole. All trenches shall be so graded that the spigot end of the pipe will be accurately centered in the adjacent pipe bell when laid, without raising or lowering the pipe after installation in the trench. If the soil at the bottom of the trench is mucky or in such condition that it cannot be properly shaped and graded, or if the subgrade material is too soft to properly support the pipe, the Contractor shall excavate below the normal subgrade elevation as directed by the Engineer. Wherever excavation is carried below the specified subgrade, at the direction of the Engineer, the Contractor shall provide and install a fill of ' gravel thoroughly tamped into place up to an elevation sufficient to prepare the subgrade as specified in the preceding paragraph. Where water occurs in trenches, they shall be excavated to a depth of approximately four (4) inches below grade and backfilled with SB-2 to a point approximately 1/10 of the internal pipe diameter or 2 inches, whichever is the greater,bel•ow grade. Pumps shall then be kept ' operating, taking suction out of a sump below the gravel so.as to hold the water level well below the bottoms of all bells until the joints have been placed and allowed to set sufficiently so that water will not • injure them. ' Where rock or other hard material occurs in the trench at the ' planned grade of the bottom of the pipe in such way that any portion of the pipe would rest on rock, or hard material or where in the opinion of the Engineer it is necessary, the excavation shall be carried to a depth of four inches, below :!ic planned grata. ThLu trench shaVt then Ire. re,- filled with gravel, thoroughly compacted to a point approximately 1/10 the nominal pipe diameter, or two inches, whichever is the greater, above grade and the bottom of the trench as graded as previously speci- ' fled. The Contractor will be required to keep the sides of the ' excavation vertical, except as hereinbefore provided. Payment for SB-2 used as Subgrade:. When SB-2 must be used as backfill material, the width of trench to be used for payment will be 24"; An average depth will be figured from bottom of pipe to top of fill; length of fill will be as directed by the Engineer. The volume occupi • ' by the pipe will be subtracted from the total volume of the ditch filled with SD -2. No payment will be made for SB-2 used as bedding. I r, Excavation for manholes and other accessories shall be • sufficient to leave at least twelve (12) inches in the clear between their outer surfaces and the embankment or timber which may be used to protect them. The excavation of trenches shall not advance more than four hundred (400) feet ahead of the completed pipe work and backfill, ex- cept by permission, of the Engineer. II-i EXCAVATION - CLASSIFICATION AND PAYMENT: All excavation shall be classed as common excavation. The cost of common excavation is included in the unit prices for handling and installation of sewer pipe at the various depths. II -5 BLASTING: Blasting will be permitted only when proper precautions are taken for the protection of persons, the work, and adjacent property; and any damage done to the work or property by blasting shall be repaired by the Contractor at the Contractor's expense. All operations involving the procurement, handling, use, and e of explosives shall he in full compliance with applicable State deral statutes and regulations. • Blasting will be done only after securing written permission from the City Engineer's office. Proof of blasting insurance will be required before written permission is given the Contractor. The Contractor shall be liable for all injuries or deaths to persons or damage to property caused by blasts or explosions. The attention of the Contractor is called to Section 9 of the• General Conditions of the Specifications entitled "Insurance". The cost of all work under this Section shall be included in the Contract unit price for laying sewer pipe and will not be paid for separately. II -6 BACKFILLING: All trenches shall be backfilled immediately after the pipe is laid using methods that will not disturb the pipe. Material used for backfiIling shall consist of the excavation or borrow of sand, gravel or other material approved by the Engineer, and shall be free of trash, lumber and other debris. Trenches shall be backfilled with fine, loose earth free from clods or stones larger than.two (2) inches in any dimension, and of proper moisture content. This selected material shall be carefully deposited by hand in layers not to exceed four (4) inches in thickness • ' on both sides of the pipe and thoroughly and carefully rcmmed around the pipe until the backfill has been brought up to the springline of • the pipe. The backfill shall then continue without tamping but with same material, placed by hand, to a point at least twelve (12) inches above the top of the pipe. If the excavation is not suitable for this ' purpose, as determined by the Engineer, then SB-2 shall be used for this operation. The remainder of the backfill may then be backfilled by any approved method which will not injure or disturb the pipe. Trenches outside the public right of way will be neatly graded up and left slightly "over -full" so that subsequent settlement will leave ' the route level with the surrounding terrain. Trench on public property shall be filled and refilled as necessary to provide a smooth, well - graded appearance. ' All backfill shall be settled and consolidated until further settlement will not occur. It is the intent of this Specification that the Contractor shall be responsible for settlement of backfill in all work ' covered herein. He shall refill trenches as often as necessary to bring them back to original grade, and during that period settlement is occuring shall refill them often enough to avoid hazardous conditions or inconven- i ence. All excavated material which is unsuitable, or not needed for backfill shall be wasted or disposed of to the satisfaction of the ' Engineer. Surfaces shall be cleaned up, all hummocks and piles smoothed • down and the surface left neat and workmanlike. Where existing drainage ditches are disturbed or obstructed with excavated material, such material ' shall be entirely removed and the ditch left true to original line and grade. Street shoulders shall be restored to their original. contours. I. All roadways and driveways shall be backfilled with SB-2. The • roadway or driveway shall then be replaced as called for elsewhere on these specifications. ' ' The attention of the Contractor is called to a separate Section • in these Specifications concerning crossing lawns. SB-2 shall be measured and paid for as subgrade material at the unit contract price given in the Proposal. I. The cost of all other work described in this section shall be included in the unit contract price for the installation of pipe and shall not be paid for separately. ' Water for flooding trenches shall be furnished free of charge by the City of Fayetteville. - 1 • II -17 HANDLING AND LAYING SEWER PIPE: Before laying the pipe, the bottom of the trench shall be care- fully graded and prepared and bell holes excavated so that the pipe shall have a uniform support along at least 3/4 of its length. All sewer pipe shall be laid with the bell up -grade. Each pipe shall be laid to the line and grade given by the Engineer, using batter boards and top line, or other methods approved by the Engineer. Except by special permission, no pipe shall be laid except in the presence of an inspector. Each pipe as laid shall be plumbed for line with the plumb bob, and graded with a grade stick for elevation. The accuracy of the finished line and grade of the pipe shall be obtained in the preparation of the subgrade. Care shall be taken that each spigot is properly centered in the bell of the preceding pipe and that each pipe is solidly bedded so that settlement will not subse- quently occur. As the work progresses, the interior of the sewer shall be cleared of all dirt and superfluous material of every description. Laying and backfilling of all sewer lines laid in trenches shall follow the excavation of trenches as closely as practicable. Not more than 400 feet of trench shall be opened in advance of pipe laying without autho- rization by the Engineer. Water shall not be allowed to accumulate in trenches while pipe is being laid. Work on sewers crossing roads shall be done in such a manner as to interfere as little as possible with the move- ment of traffic on the roads. • Vitrified clay pipe with resilient joint material attached shall • be handled, transported, and stacked in such a manner that no weight rests upon the spigot end of the pipe with its attached joint material. Pipe shall be either stacked on runners or in a "staggered" manner to accomplish this purpose. In jointing, the surfaces of the joint shall be wiped free of dust, dirt, gravel or other foreign materials, both before and after the application of the lubricant sealer. The couplings shall be connected by first brushing upon the mating surfaces the proper amount of the lubricant • sealer as recommended by the, manufacturer. The spigot end shall then be centered on grade into the bell end of the last downstream pipe length and shoved home and properly seated with the application of the force necessary by means of a pry or lever device. The pipes shall 'be joined no later than five (5) minutes after the application of the lubricant sealer. All sewer lines sha-11 be so laid that infiltration is held to a minimum, and shall be subject to either of the following determinations for leakage: 1. Water Test - Under this method the contractor shall test the lines by blocking off the various sections of pipe, filling the lines with water and measuring the leakage. The tests shall be conducted and the allowable leakage shall conform to rates as set out in A.S.T.M. C-425 with the follow- ing changes. The exfiltration shall not exceed 400 gallons per day, per • inch of pipe diameter, per mile of pipe. All pipe joints shall be sub- jected to a minimum of 10 feet head during the test procedure. 2. Air Test - Under this method the contractor shall conduct low • pressure air tests of the various sections of pipe by use of equipment manufactured for this purpose. The equipment shall include a regulator to avoid "over pressurization" and damaging an othwewise acceptable line. The low pressure air test shall be conducted by plugging each opening in the reach of pipe to be tested. All plugs shall be braced against slippage due to internal pressure. One of•the plugs provided must have an inlet tap or other provision for connecting an air hose. After the air control equipment is connected to the air hose, the air pressure shall be monitored so that the internal pressure does not exceed 5.0 PSIG. After reaching 4.0 PSIG, the air supply shall be throttled to maintain between 4.0 and 3.5 PSIG. for at least two minutes in order to allow equilibrium between air temperature and the pipe wall temperature. During this time, all plugs shall be checked to detect any leakage. If plugs are found to leak, the air shall be bled off, the plugs tightened, and air supplied again. After the temperature has stabilized, the pressure should be allowed to decrease to 3.5 PSIG. At 3.5 PSIG., timing shall begin to determine the time required for the pressure to drop to 2.5 PSIG. If the time, in minutes, for the air pressure to de- crease from 3.5 PSIG. to 2.5 PSIG. is greater than 3 minutes for 6 inch pipe, the pipe shall be presumed free of defects. If by the use of the above procedure a faulty section of line is found, that section of line shall be tested at 20 foot intervals to determine the exact location of the leakage. • If a section of piping is found to be leaking the exact source of the leak shall be*determined,a repair made, and the entire section re -tested. The Contractor shall make the necessary arrangements and provide necessary pipe plugs for testing. The Owner will furnish water for testing. 11 sewer pipe as shown on the Plans will be measured and paid The quantity of sewer pipe shall be determined by measure - it elevation. II -8 CROSSING AND PARALLELING EXISTING UTILITY LINES: In some instances the pipe will be installed under, alongside and over existing utility services. Much of the time these will be difficult to locate, and in some instances impractical to locate, The Contractor shall be responsible for locating and protecting such services. • The various utility owners: City (Water and Sewer),Transvideo (Cable), •; Swepco (Electrical Power Lines),Arkansas Western Gas Company (Natural :^ Gas lines).,Southwestern Bell (Telephone Company) will cooperate with •the contractor in helping locate the underground services, and must be • notified before construction proceeds in the vicinity of utility lines. Ii I ' 1 Where the Contractor cannot make adequate repairs, the various utilities ' will make repairs to all services, and such costs will be charged to the Contractor. The Contractor shall make arrangemeris for this service with the various utilities either before the bid is presented or before t construction starts. Although not anticipated, septic tank disposal fields and related piping maybe damaged during construction. If so, the Con- ' tractor shall make the repairs necessary to put the septic tank system into operation. I ' The plans show a portion of the line to be laid adjacent to power lines. It shall be the responsibility of the Contractor to make any arrangements with the power company for "tying off" poles. It also shall be the responsibility of the Contractor to take whatever steps are necessary to provide for the safety of the workmen and equipment when working in the vicinity of these power lines. ' II -9 MANHOLES: The construction of manholes shall follow closely the progress of pipe laying. If at any time pipe is laid as much as 1500 linear feet • ahead of completed manhole construction, then pipe laying shall be discontinued. Manholes shall be constructed in accordance with the details • shown on the drawings. Manhole bottoms shall be of concrete poured to dimensions and grade indicated. 1. Base. The concrete base shall have a minimum thickness of 12 nhches and shall be poured on undisturbed earth. The base shall be poured so that the top of the base is a minimum of 2 inches and a maximum of 4 inches below the lowest pipe inside the manhole. Except when lowest pipe can be laid continuously through the man- hole, the base may be poured to a point 2 inches below the center- line of the pipe, providing this point is not above the invert of other pipes entering the manhole. The base shall have a minimum diameter of 8 inches greater than the outside diameter of the finished manhole barrel. 2. Invert. The invert of the manhole shall be hand placed and shaped using a grout mixture, consisting of two parts masonry sand and one part Portland cement. The base and barrel of the manhole shall be thoroughly cleaned prior to placement of the invert. The invert shall be shaped and smoothed so that the manhole will be self- cleaning and free of areas where solids may be deposited as sewage flows through the manhole. In all cases, except where the sewer pipe can be laid continuously through the manhole, the entire diameter of each pipe entering the manhole barrel shall be cut smooth with the inside edge of the manhole barrel and the invert shaped throughout from all inlet pipes to the outlet pipe. 3. Manhole Barrel. The barrel forms may be set as soon as the con- U I.... crete base has cured enough to support the forms. The manhole • . ' barrel shall be of such construction so that the finished man- hole will have an inside diameter of 4 feet 0 inches, plus or minus one-half inch. Concrete used to pour the manhole barrel shall be 3,000 pound per square inch test with a slump of approxi- mately 4 inches. ' Before the forms are set in place, any water that may have accumulated in the excavated area shall be pumped out and, if required, the concrete base throughly cleaned of dirt and debris. Before pouring of the concrete begins, a 2 inch layer of grout mixture, as set out under "Invert" above, shall be placed in the bottom of the forms. ' The forms shall be removed after the initial set of the concrete so that holes may be cut in the manhole barrel for the installation of pipes that are to enter the manhole at points other than adjacent to the manhole base. After these pipes have been put in place, the barrel shall be repaired using a grout mixture as set out under ' "Invert" above. If honeycombing of the barrel is found to be pre- sent after removal of the forms, they shall be repaired as directed by the Engineer. U. The top of the poured manhole shall be left at such an elevation • so that two rings of standard brick are required to bring the man- hole ring to the finished elevation. A 3 inch wide by 2 inch ' deep keyway shall be left in the top of the poured manhole to hold the mortar for the first ring of bricks. 4. Curing. Curing compounds or covers may or may not be used at the option of the Contractor. However, it will be the responsibility of the Contractor to protect the concrete to prevent cracking during the curing process and to protect the manhole during freezing ' temperatures. The Engineer shall, at his discretion, prohibit pouring concrete during periods of extreme cold or inclement weather. ' $. Backfilling. The manhole shall not be backfilled less than 12 ours after the forms have been removed. Extra care shall be taken to compact all backfill to the top of the highest pipe entering the ' manhole. 6. Payment: Manholes will be measured by the distance between the I. outlet invert of the manhole and the top of the manhole ring. Man - o es will be measured and paid for at the appropriate contract unit price as given in the Proposal. Unit prices for manholes shall include materials, excavation masonry work, and all work incidental ' thereto. . II -10 CONNECTION TO EXISTING MANHOLES: • Where required on the Plans to connect to an existing manhole, LI I I. and where no stub exists in such manholes, an opening shall be cut in • the wall of the existing manhole of sufficient size to permit the proper installation of the new pipe at the designated line and grade. After new t pipe has been installed, extending entirely through the wall of the man- hole, the opening around the new pipe shall be refilled with concrete, or brick and concrete, and properly plastered inside and outside with mortar so that no leakage can occur. Bottoms of existing manholes shall be trenched out and refinished to the proper invert as previously specified. I ' The cost of all work done under this section shall be included in the Contract unit price for pipe and shall not be paid for separately. II-il CUTTING AND REPLACING SPECIAL SURFACES: Whenever it becomes necessary in excavating for trench to disturb special surfaces, such as paved or gravel streets, drives, walks or parking areas, the original surface shall be restored after complet- ion of the backfill operation. In these instances, special care shall be used in making the backfill to eliminate future settlement. The surface shall be restored using the same type of surfacing materials that were used in the original surfacing, except that asphalt streets and high- ways shall be replaced with concrete as shown on the miscellaneous details sheet in the Plans. Backfill of trench lying within roadways shall be in stri.ct accordance with the applicable provisions as stated in Section II of these Specifications. The condition of the backfill, with special regard to the degree of compaction, shall be checked and approved by the Engi- neer before any surfacing is placed over the backfill. The replacement of special surfacing shall follow as soon as practical after the completion of the backfilling operation so as to restore the roadway to its original condition and traffic capacity. If in the opinion of the Engineer the replacement of surfacing is lagging, he may, at his discretion, suspend the pipe laying operation until the replacement of surfacing proceeds in a satisfactory manner. Immediately prior to replacing asphalt or concrete pavement or surfacing, a chalk line shall be made along both sides of the trench at the proper width, and the pavement trimmed, along a straight and vertical line. No claims will be allowed for additional width of pavement cut and replaced occasioned by this requirement. The quantity of asphalt and concrete pavement cut and replaced will be determined by the horizontal length of pavement actually cut and replaced measured along the centerline ic trench multiplied by a width or thirty-six i3b) inches, .except where a width greater than thirty-six (36) inches is required -ond • In gravel surfaced streets or parking areas, the gravel will- • be disturbed in excavating for sewer trench. After the backfill has been so placed that no further appreciable settlement will occur, gravel surfacing shall be replaced to the same compacted thickness as the original surfacing. During construction operations, the gravel on the remainder of the street not occupied by the trench may be disturbed and covered with dirt from excavation. After completion of the backfill, such dirt shall be removed as completely as possible and additional gravel placed on the street as directed by the Engineer until the street is satisfactorily restored to its original condition. The Contractor will be responsible for maintaining flagmen while working within or near city streets. In the event a closed street is required, the Contractor shall carefully mark a detour route. The Contractor will be responsible for providing and maintaining barricades, warning lights, signs, washing equipment, labor, and every other item required to maintain roadways safe and comfortable to travel and reduce the inconvenience and discomfort of adjacent residents as much as possible. It. will also be the Contractor's responsibility to replace signs, mailboxes, posts, retainer walls, and other obstructions which were removed by him during construction of this project. Gravel surfacing cut and replaced will be measured and paid for as the cubic yards of gravel actually used in replacing such surfacing. Special surfacing cut and replaced will be paid for at the • appropriate contract unit price as given in the Proposal. Contract unit prices shall be inclusive of materials, placement, and all work incidental • thereto. II -12 CROSSING LAWNS: The following shall apply to all lines crossing lawns, as designated on the Plans. After settlement has occurred, the disturbed area shall be dressed out with three (3) inches of top soil and hand raked. The dressed out areas shall then be seeded with the appropriate grass or grass mixture, as directed by the Engineer. If lawns, bushes and small trees are likely to be damaged by the work, they shall be taken up ahead of construction. They shall be properly protected until such time that they can be re -set. It is the intention of this Specification that lawn areas be restored as closely as possi-ble to their original condition. The cost of all work under this section shall be included in the appropriate Contract unit price for pipe, and shall not be paid for separately. II -13 CROSSING FENCES: The installation of lines will necessitate crossing several fences as shown on the Plans. Prior to clearing the right of way, the contractor shall in- • stall a braced post assembly on each side of the right of way so that when the fence is cut, the tension on the fence in not reduced. He I L L L C C shall then construct temporary gates so as to maintain livestock in the original pasture during, construction. After all construction, including cleanup, is complete, the fences shall be rebuilt to equal or better than original condition, using new posts and wire. The wire used in rebuilding of the openings shall be of the same general type of the existing fences. Posts shall be pressure -treated pine, having a minimum top diameter of 4 inches. Where removal, replacement, or repair, of chain link fences is required, the Contractor shall retain a professional fence company to perform the work. The cost of all work done under this Section will be included in the Contract unit prices and none will be paid for separately. II -14 GARDEN CROSSINGS: In the event of a garden crossing extreme care will be taken to damage as little of the garden as is possible. After completion of the pipe laying operation within the garden area the garden shall be dressed with a minimum of 12 inches of topsoil and hand raked smooth. II -15 CONCRETE: All Paragraphs 5, such manner as have a 28 day 4 inches. S. concrete shall be composed of the materials described in • 6, and 7, Part III, and shall be proportioned by weight in to obtain a plastic workable mix. All concrete shall compressive strength of 3000 PSI and a slump of approximately ' In placing concrete, care shall be taken that the freshly placed mass is so placed and vibrated that there is no tendency for the coarse aggregate to segregate from the mortar. Ali concrete shall be properly protected from too rapid curing or from freezing while green. 'The cost of all work in this section shall be included in the unit contract price for Class "B" concrete and shall not be paid for separately. II -16 CLEANING UP: I. After the construction work is completed, all refuse and debris resulting from the work shall be cleaned up and disposed of to the satisfaction of the Engineer. All excess excavation, waste concrete, I. piping, lumber, and other refuse shall be removed from the site of the work and the site leveled, graded, and dressed up until it is neat, smooth, and workmanlike. ' It shall be specifically understood that the clean up operation shall be maintained as closely as possible to the pipe laying operation. If, in the opinion of the Engineer, the clean up operation is not being 1 . maintained satisfactorily, he may suspend the pipe laying operation until such clean up is completed to his satisfaction. The cost of all work under this section shall be included in the appropriate unit price and will not be paid for separately. II -17 HIGHWAY CROSSINGS (STATE OR U.S.): The plans show the location of lines where crossings of highways are required. The crossings shall be accomplished by boring and the insertion of an encasement pipe of the length, type and size as shown at each location on the plans. In the event rock conditions prohibit boring of the road crossing, the Contractor shall contact highway department officials and point out to them that an attempt has been made to bore the crossing and secure permission to make an open cut. Unless an open cut is made, the trench shall not be opened closer than 10 feet from the edge of the driving surface. If an open cut is required, then the following procedure shall be followed: The highway must be kept open to traffic at all times. Con- sequently, the Contractor will be required to complete the crossing in two stages, keeping at least one-half of the roadway open at all times. The crossing shall be made in the following manner. The pavement shall be removed the minimum width required for installation of the encasing pipe. All pavement cuts, shall be made to line with the use of an air spade, line drilling, sawing or such other equipment as is required to form a true line for removal and replacement. The Contractor shall then excavate the trench, remove all earth from the site and install the encasement pipe. The backfill shall then be made by using Arkansas State Highway Department SB-2 aggregate, compacting to a minimum of 95% of maximum A.A.S.H.O. density. Tests shall be made according to the latest specifications of A.A.S.H.O. The backfill shall be brought to the top of the subgrade in the above manner. The pavement and base shall then be removed for a distance of 18 inches from each side of the trench. The Contractor shall then re- place the base with 8 inches of reinforced concrete pavement using high early strength cement. The concrete shall have a 28 -day strength of 3,500 pounds per square inch. Steel reinforcing shall consist of No. 6 rods placed on 12 inch centers both ways. If the original pavement is concrete, the concrete base as set out above shall be constructed flush with the top of the existing pavement which will require a total concrete thickness of 12 inches rather than 8 inches as shown. The finished grade of the driving surface shall be uniform with II • • U 1. the existing adjacent driving surface. A finished top grade tolerance • ' of plus or minus 1/4 inch will be allowed. The tolerance will be measured by use of a 16 foot straight edge placed parallel to the road- way centerline. 1 The plans show repair detail as set out above. The shoulders of the highway which have been disturbed I. shall be backfilled with SB-2, thoroughly compacted, and the surface shall be replaced to an equal or better than the original condition. 1 It should be noted that it is the responsibility of the Contractor to provide sufficient flagmen, signs, barricades, lights and other items required to insure complete safety of the public and 1 the workmen at all times. Since the return of the deposit required by the Arkansas Highway Department (the cost of which will be borne by the Owner) depends 1 upon returning the roadbed to its original or better condition, the Contractor will be required to complete this item of construction to the satisfaction of the Highway Department. 1 • 1 Ii I I 1 1 . .. . .- ...: - b . I DETAILED SPECIFICATIONS • .1 PART III - MATERIALS III -1 GENERAL: The work to be done under this contract as shown on the Plans '. and provided for in the Specifications includes the furnishing of all equipment, labor, tools, supplies, and materials required for the construction of a sewer collection system and related work as provided ' for in the Proposal. III -2 VITRIFIED CLAY SEWER PIPE: ' Vitrified clay pipe used in this contract shall conform to ASTM C -200-65T, "extra strength clay pipe". ' All pipe shall be subject to tests as prescribed in Section II -7. ' Pipe joints shall have factory -applied joints or coupling on the spigot and tell ends of the pipe meeting A.S.T.M. designation C425 latest revision, and compounded of a high quality polyurethane elastomer ' applied to the pipe and properly manufactured to a desired hardness and compressibility to form a tight compression joint. • ' The resilient polyurethane should have the following physical characteristics: • ' 1. A minimum tear strength of 50 psi (A.S.T.M. D6211). 2. Percent elongation of not less then 80 percent and shall return to original volume and shape upon release of elongating force ' (A.S.T.M.D412). 3. A compression set value of less than 5 percent (A.S.T.M. D 395A). ' 4. A minimum resistance to deflection of 165 psi at 10 percent deflection.. ' 5. A minimum (Shore "A" durometer) hardness of 70 from a temperature range of 20 degrees to 100 degrees F. I III-3 MANHOLE CASTINGS: All castings shall be made of clean, even grain, tough gray ' cast iron. The castings shall be smooth, true to pattern and free from projections, sand holes, warp and other defects which would interfere with use of, or impair the serviceability of the castings. Circular manhole rings and covers for sewer manholes shall be • 250 pound standard in dirt or 300 pound in roadways with solid cover. 1 Cover shall have two pick holes, on opposite sides at the edges. Manhole I rings and covers shall be as manufactured by Bass & Hayes, Neenah, or approved equal. • ' Cast iron manhole steps shall be 8 inches wide. III -4 CONCRETE AGGREGATES: • Fine aggregate shall consist of sand or other approved inert material with similar characteristics, having hard, strong, durable ' particles with not more than one (1) percent by weight of clay lumps or three (3) percent by weight of material removed by decantation. Mortar specimens made with the fine aggregate shall have a compressive strength at twenty-eight (28) days of not less than ninety (90) percent of the strength of similar specimens made with Ottawa sand having a fine- ness modulus of 2.40 + 0.10. Fine aggregate shall have a fineness modulus of not less than 2.40 and not more than 3.00 and the variation in modulus shall be limited to + 0.20 from the average of all tests. Gradation shall fall within the following requirements: ' TOTAL PASSING PERCENT BY WEIGHT No. 4 Sieve 95-100 ' No. 16 Sieve 35-75 No. 50 Sieve 10-25 No. 100 Sieve 2-8 ' Coarse aggregate shall consist of crushed stone, gravel, or • other inert material of similar characteristics, having clean, hard, strong, durable, uncoated particles with not more than five (5) percent by ' weight of soft fragments, one-fourth (4) percent by weight of clay lumps, and one (1) percent by weight of material removed by decantation, except that when the material removed by decantation consists essentially of ' crushed dirt the maximum amount permitted may be increased to one and one-half (1') inch and smaller or three-quarter (3/4) inch and smaller, and shall be graded within the following requirements: PERCENT PASSING BY WEIGHT ' Maximum size mesh screen (sq. Mesh) 97-100 Half maximum size mesh screen (sq. mesh) 40-70 No. 4 Sieve 0-6 ' III -5 CEMENT: Portland cement shall conform to the requirements of the Standard Specifications for Portland Cement, ASTM Designation C 150, Type I. ' Masonry cement shall conform to the requirements of the Standard Specifications for Masonry Cement, ASTM Designation C 91. • 1 .. • 26 III -6 WATER: Water for mixing concrete shall be clean and free from in- jurious amounts of oils, acids, alkalies, salt, organic matter, or other deleterious substances. Test specimens of mortar made from the materials and the water to be used shall develop not less than ninety- five (95) percent of the seven (7) day tensile or compressive strength of the same materials and distilled water. III -7 GRAVEL FOR SUBGRADE AND GRAVEL STREET REPAIR: Gravel for subgrade shall be SB-2 and shall conform to the following specifications: SIZE OF SIEVE TOTAL RETAINED 11 1" 3/4" #4 TOTAL PASSING #4o #200 PERCENT OF WEIGHT 0 0 10 to 50 50 to 75 10 to 30 3 to 10 The fraction passing the #200 sieve shall not be greater than two-thirds (2/3) the fraction passing the N,40 sieve. The fraction passing the #40 sieve shall have a liquid limit not greater than twenty- five (25) and a plasticity index not greater than six. III -8 DUCTILE IRON PIPE: The pipe for highway crossing will be Class 2, ductile iron water pipe meeting AWA specification C151. III -9 ENCASEMENT PIPE: Encasement pipe shall be one -quarter (4) inch thickness, twelve (12) inches diameter, spiral -weld bituministic coated encasement pipe, or approved equal. j • I WAGE DETERMINATIONS Federal Wage Decision No. AR 76-4111 & Modification P.1 will apply to this contract. 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