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HomeMy WebLinkAbout60-76 RESOLUTION• a 4 • RESOLUTION NO. 154540 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH McCLELLAND CONSULTING ENGINEERS, INC. FOR INSTALLATION OF AIR FLOW AND HUMIDITY CONTROL IMPROVEMENTS TO THE SWIMMING POOL ENCLOSURE AT FAYETTEVILLE YOUTH CENTER. 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 McClelland Consulting Engineers, Inc. for engineering services in connection with construction of air flow and humidity control improvements to the swimming pool enclosure at Fayetteville Youth Center. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. PASSED AND APPROVED THIS DAY oF1,afinttfit; , 1976. APPROVED: 7-14e-scer:pLi (1)7:22d/ ATTEST: COCAI&AU) '0U/ CITY CLERK MAYO • AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this 5h11 day of VI 6144t4tist) 1976, by and between CITY OF FAYETTEVILLE, ARKANSAS, hereinafter referred to as the OWNER, and McCLELLAND CONSULTING ENGINEERS, INC., Fayetteville, Arkansas, hereinafter referred to as the ENGINEER: The OWNER desires to provide air flow and humidity control improvements to the swimming pool enclosure at the Youth Center, City of Fayetteville, in Washington County, State of Arkansas, and the ENGINEER agrees to perform the professional engineering services required for same. Specifically, the work will consist of engineer- ing services and coordination to accomplish the following: 1. Furnishing and installing air flow and dehumidification equipment. 2. Furnishing and installing electrical wiring and elec- trical controls, includingnecessaryappurtenances for same, to provide power service to equipment in Paragraph No. 1 above. 3 Furnishing and installing electric lighting and wiring for same in the swimming pool building. 4 Furnishing and installing additional gas service outside building, as needed. CIO‘tteP 15" tt WITNESSETH: That for and in consideration of the mutual covenants and agree- ments between the parties hereto, it is hereby agreed: SECTION A - ENGINEERING SERVICES That the ENGINEER shall furnish basic engineering services as follows: 1. The ENGINEER will conduct preliminary investigations, to include review of existing information furnished by the OWNER. 2. The ENGINEER will prepare detailed plans, specifications and cost estimate, after first selecting the most cost effective means for achieving the desired results, and after obtaining OWNER's approval of same. 3. The ENGINEER will attend conferences with the OWNER and other interested parties. 4. Prior to the advertisement for bids, the ENGINEER will provide not to exceed ten (10) copies of detailed plans, specifications, and contract documents for approval and use by the OWNER. The cost of not to exceed ten (10) copies of such plans, specifications, and contract docu- ments shall be included in the basic compensation paid to the ENGINEER. The ENGINEER shall furnish to the OWNER at this time, a construction cost estimate, revised and up -dated on the basis of the completed design. -2 • 5. The ENGINEER will furnish additional copies of plans, specifications and contract documents as required by prospective bidders, material suppliers, and other in- terested parties, but may charge for the actual cost of such copies. Original documents, tracings, and the like, except previously owned by the ENGINEER, are and shall remain the property of the OWNER. 6. The plans prepared by the ENGINEER under the provisions of Section A-2 above shall be in sufficient detail to permit the actual location of the proposed improvements on the ground, and shall be sufficient for the bidders to formulate intelligent bids and sufficient for construction of every detail of the project. 7. The ENGINEER will assist the OWNER in advertising for construction bids, and will attend the bid opening, tab- ulate the bid proposals, make an analysis of the bids, and make recommendations for awarding contracts for con- struction. The ENGINEER will also assist in the prepara- tion of the contract documents. 8. The ENGINEER will check and approve any necessary shop and working drawings furnished by contractors. 9. The ENGINEER will interpret the intent of the plans and specifications, and will observe the construction work to protect the OWNER against defects and deficiencies in -3 • • construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any con- tractor. 10. The ENGINEER will provide horizontal and vertical control for all structures in the form of bench marks or reference points to be used by the contractor in staking the con- struction. 11. The ENGINEER will provide general construction observation of the work as construction progresses, to determine the need for adjustments in the design and to assist in pre- paration of amendments to the contract. 12. The ENGINEER will review and approve estimates for progress and final payments. 13. The ENGINEER will make final review of all construction and a written certification of same to the OWNER. 14. The ENGINEER will provide the OWNER with two sets of "As -Built" prints at no additional cost to the OWNER. 15. The ENGINEER will be available to furnish engineering service and consultations necessary to correct all un- foreseen project operating difficulties for a period of one year after the date of final inspection and acceptance of the facility by the OWNER. -4 • 16. The ENGINEER further agrees to obtain and maintain at the ENGINEER's expense, such insurance as will protect him and the OWNER from claims under the Workman's Com- pensation Act and from all claims for bodily injury, death, or property damage which may arise from the neg- ligent performance by the ENGINEER or by the ENGINEER's employees of the ENGINEER's functions and services re- quired under this Agreement, such insurance being that normally covered by General Liability and Public Liability/ Property Damage insurance. 17. The ENGINEER will commence the work immediately upon execution of this contract, and will have Plans and Specifications completed, ready for advertising and receiving bids, within forty-five(45) calendar days there- from. SECTION B - COMPENSATION FOR ENGINEERING SERVICES That the OWNER shall compensate the ENGINEER for engineering services based upon the following schedule: DETAILED PLANNING & DESIGN: A sum equal to three thousand dollars ($3,000.00) for the services described in Section A, Paragraphs 1 - 7 inclusive. This amount shall be due and payable upon com- pletion, presentation to and acceptance by the OWNER of the Detailed Plans and Specifications. -5 1ME CONSTRUCTION OBSERVATION: The sum of five hundred dollars ($500.00) for the performance under Section A, Paragraphs 8 - 14, inclusive. This amount shall be payable in monthly installments, based upon the monthly estimate prepared to pay the construction contractors, the final incremental amount being payable upon com- pletion and final acceptance of the construction work. The compensations stated above shall be the maximum to be paid the ENGINEER for the basic scope of services defined under Section A, Paragraphs 1 - 15, inclusive, herein. In the event the OWNER de- creases the scope of work, such decrease being ordered prior to the performance of the services by the ENGINEER, the compensation to be paid the ENGINEER shall be determined by unit prices and hourly rates delineated in Section C, herein. OVERTIME ENGINEERING: The construction contract will contain a completion time expressed in calendar days. Should the construction require additional time and result in a requirement for additional services, payment for these services shall be in accordance with the methods and schedules given in Section C. SECTION C - ADDITIONAL OR DECREASED ENGINEERING SERVICES The OWNER may wish to increase the engineering services herein to include those needed for additional construction work, overtime engineering, or any services not specifically included in the scope of this contract. In such event, it is mutually agreed that com- pensation for such additional services shall not exceed one thousand dollars ($1,000.00), and the actual amount to be paid shall be determined by the following hourly or unit price schedule, as applicable: 6 • PERSONNEL ENGINEERING: Principal or Senior Engineer $35.00/hour Project Engineer $30.00/hour Engineering Aide $20.00/hour DRAFTSMAN: $10.00/hour OFFICE PERSONNEL: Secretarial/Clerical $10.00/hour In the event the OWNER requires additional services of the ENGINEER, for which the total compensation shall exceed the maximum herein stated for additional services, the OWNER and the ENGINEER shall enter into a new contract to provide for the per- formance of the services and compensation therefor. SECTION D - TERMINATION TERMINATION OF CONTRACT FOR CAUSE: If, through any cause, the ENGINEER shall fail to fulfill in timely and proper manner his obligations under this contract, or if the ENGINEER shall violate any of the covenants, agreements, or stipulations of this contract, the OWNER shall thereupon have the right to terminate this contract by giving written notice to the ENGINEER of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the ENGINEER under this contract shall, at the option of the OWNER become its property, and the ENGINEER shall be entitled to receive -7 • • • • just and equitable compensation, based on the hourly and/or daily rates stipulated or other costs as allowed under this contract, for any satisfactory work completed on such documents. Notwithstanding the above, the ENGINEER shall not be relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any breach of the contract by the ENGINEER and the OWNER may withhold any payments to the ENGINEER for the purpose of setoff until such time as the exact amount of damages due the OWNER from the ENGINEER is determined. TERMINATION FOR CONVENIENCE OF THE OWNER: The OWNER may terminate this contract any time by a notice in writing from the OWNER to the ENGINEER. If the contract is terminated by the OWNER as pro- vided herein, the ENGINEER will receive instant equitable compensation based on the hourly and/or daily rates stipulated or other costs as allowed under this contract, less payments of compensation previously madelprovided, however, that if less than sixty percent of the services covered by the contract have been performed upon the effective date of such termination, the ENGINEER shall be reimbursed (in addi- tion to the above payment) for that portion of the actual out-of- pocket expenses (not otherwise reimbursed under this contract) incurred by the ENGINEER during the contract period which are directly attributable to the uncompleted portion of the service covered by this contract. -8 •••• • • SECTION E - GENERAL PROVISIONS • SUBCONTRACTS: The ENGINEER is hereby permitted to subcontract portions of the work herein, if such is deemed to be in the best interest of the OWNER, provided the party or firm with whom the subcontract is negotiated is well qualified and experienced in the work, and provided further that such subcontractor shall be approved by the OWNER. CHANGES: The OWNER may, from time to time, request changes in the scope of the services of the ENGINEER to be performed hereunder. Such changes, including any increase or decrease in the amount of the ENGINEER's compensation, shall be incorporated in written amend- ments to this contract. PERSONNEL: 1. The ENGINEER represents that he has, or will secure by subcontract or other means at his own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractural relationship with the OWNER. 2. All the services required hereunder will be performed by the ENGINEER or his subcontractor and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. 3. No person who is serving sentence in a penal or correct- ional institution shall be employed on work under this contract. -9 • • • COMPLIANCE WITH LOCAL LAWS: The ENGINEER shall comply with all applicable laws, ordinances, and codes of the state and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. ASSIGNABILITY: The contractor shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the OWNER: Provided, however, that claims for money due or to become due the ENGINEER from the OWNER under this contract may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the OWNER. EQUAL OPPORTUNITY: During the performance of this contract, the ENGINEER agrees as follows: 1. The ENGINEER shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The ENGINEER 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 recruit- ment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. - 10 - • • • 2 The ENGINEER shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer setting forth the pro- visions of this nondiscrimination clause. The shall state that all qualified applicants will consideration for employment without regard to religion, sex, or national origin. ENGINEER receive race, color, 3. The ENGINEER shall incorporate the foregoing requirements in all subcontracts. "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES: During the performance of this contract, the ENGINEER agrees as follows: 1. The ENGINEER 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 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder. 2 The "Section 3 clause" set forth in 24 CFR 135.20(b) shall form part of this contract, as set forth in Para- graph 1 of the General Conditions, "Contract and Contract Documents". 3. The ENGINEER shall incorporate the "Section 3 clause" shown below and the foregoing requirements in all sub- contracts. • a SECTION 3 CLAUSE AS SET FORTH IN 24 CFR 135.20(b) A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u, Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area for work in to business substantial project. and contracts connection with the project to be awarded concerns which are located in, or owned in part by persons residing in the area of the B. The parties to this contract will visions of said Section 3 and the pursuant thereto by the Secretary comply with the pro - regulations issued of Housing and Urban Development set forth in 24 CFR135.20(b),and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The ENGINEER will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding - 12 - • if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The ENGINEER will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the sub- contractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20(p). The ENGINEER will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135.20(b). and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR135.20(b)and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its - 13 - • • • contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assist- ance is provided, and to such sanctions as are specified by 24 CFR 135.20(b). SECTION F - ACCESS TO RECORDS It is further agreed that the OWNER, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the ENGINEER which are directly pertinent to the work hereunder, for the purpose of making audit, examination, excerpts and/or transcriptions. This AGREEMENT shall inure to the benefits of and be binding upon the legal representative and successors of the parties respectively and shall become effective upon execution. - 14 - t• 0 • • • • IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this AGREEMENT in duplicate on the date heretofore stated. (SEAL) ATTEST By dzit& YtLider(AA, Type Name Title (SEAL) ATTEST: BY Type Name Title F. Ervan Wimberly Vice President - 15 -- CITY OF FAYETTEVILLE, ARKANSAS OWNER: BY 927r2 -i -i -e;7 -t (12c,ce:frni Type Name Title McCLELLAND CONSULTING ENGINEERS, INC. ENGINEER: 474.4147 ame J. E. McClelland Title President LIFE&CASUALTY To rmeVcate rya cinatoetutus /LI The /Etna Casualty and Surety Company 0 The Standard Flre Insurance Company Hartford, Connecticut City of Fayetteville Fayetteville, Arkansas 72701 • Date Deeefber 9, 1976 This is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present in force in the Company indicated above by 0, as follows: Name of Insured Covering Sturdivant Sheet Metal mad Plumbing, Inc. 404 Spring Street Springdale, Arkansas 72764 KIND INSURANCE LIMITS OF LIABILITY POLICY NO. EFFECTIVE EXPIRATION OF Workmen's Compensation Manufacturers & Contractors' Bodily Injury Liability Property Damage Liability Owners' or Contractors' Protective Maly Injury Liability Property Damage Liability Comprehensive Automobile Bodily Injury Liability Property Damage Liability Comprehensive General Bodily Injury Liability 64AL 228754 6-30-76 6-30-77 Property Damage Liability Bodily Injury Liability Property Damage Liability .000 $ 000to. gc,60C c In event of cancellation. tenthsiposk Days Wten ritnotice will be given li- b whan this certifier is widened. (CC -5194-1) 1-73 By Gardner Insurance Agency Authorized Representative 10E8 LIFE&CASUALTY To %gibe& 9? cintitae la The atna Casualty and Surety Company 0 The Standard Firs Insurance Company Hartford, Connecticut City of Fayetteville Fayetteville, Arkansas 72701 Date December 9, 1976 This is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present in force in the Company indicated above by ra, as follows: Name of Insured Covering Sturdivant Sheet Metal and Plumbing, Inc. 404 Spring Street Springdale, Arkansas 72764 KIND OF INSURANCE LIMITS OF' LIABILITY EFFECTIVE EXPIRATION POLICY NO. Workmen's Compensation Manufacturers & Contractors' Bodily Injury Liability Properly Damage Liability Owners' or Contractors' Protective Sae* 4Injury Liability Properly Damage Liability Comprehensive Automobile Bodily Injury Liability Property Damage Liability Comprehensive General Bodily Injury Liability 6-50-76 6-50-77 Property 64AL 228754 Damage Liability Bodily Injury Liability Property Damage Liability .000 $ 000 In event al cancellatiat taathscip2Ay Days Written notice will be given to to whom this metabolite is addressed. By (CC -5194-1) 1-73 • , Gartner Insurance Ag9 scY 411/ Authorized Representative • Ira Wiett•frate ifirsitagwe LIFE &CASUALTY To CD The /Etna Casualty and Surety Company 0 The Standard Firs Insurance Company Hartford, Connecticut City of Fayetteville Fayetteville, Arkansas 72701 Date December 9, 1976 This is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present in force in the Company indicated above by a, as follows: Name of Insured Covering Sturdivant Sheet Metal and Plumbing, Inc. 404 Spring Street Springdale, Arkansas 72764 KIND OF INSURANCE LIMITS OF LIABILITY POLICY NO. EFFECTIVE . EXPIRATION Each Persco Each Occurrence Workmen's Compensation Manufacturers' & Contractors' Bodily Injury Liability Property Damage Liability $ $ cog $ Owners or Contractors' Protective Bodily Injury Liability Property Damage Liability $ ,000 ' $ OCO $ Comprehensive Automobile Bodily Injury Liability Property Damage Liability $ ,000 $ ,000 Comprehensive General Bodily Injury Liability Properly Damage Liability 300 am $ 300 .000 6-30-76 6-30-77 SO .000 $ 50 ,000 64AL 228754 Bodily Injury Liability Property Damage Liability $ 000 $ n _ ennt el cancel I ISM ten (10) Days Written notice will be given to the pany to whom etis osnitcam is &Armed. (CC -5194) 1-73 By Gardner Insurance Aeency Authorized Representative CAT. 273582 PRINTED IN U.S.A. 4F • • cpro • 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 F AC! Walker Brothers Insurance, INc. P.O. Drawer J Springdale, AR 72764 NAME AN O•nrIF'.-S Sturdivant's Sheet Metal & Plumbing P.O. Box 226 Springdale, AR 72764 COMPANIES AFFORDING COVERAGES r— LE 11 f1 A The Home Indemnity Company C I. OD -ANY D - ,EF k niCMAqV E This is to cc fy ttidt pol'cies of .1 surance listed nelcw havn oee' IssL.' I he nsured named -.bo,•e an ii. force at this time 0141I5/IN'Y YPE I 1-41 r f GENERAL LIALiiJl 111COMPREHEN FORM • PPR:, F5. I 41 141 - co AN: HA /FPO N'; HATFIO 1-1 rem...Lys r TF - ;1N LAH ".S11-. 1 IJA, ISSIJPAK.F.r . r Fir ..-rn 6 L. • INAPFN. _ GNI RtLil. PI .P.; kit AUTOMOBILE LIABILITY A ID _ UMBRELLA FORM n OTHER HAN FOPM P.:kW 'f PA, ".1,-ir GA 9 25 65 14 WORKERS' COMPENSATION A EMPLOYERS' BIL Y lc 9 19 14011 OTHER I 1. Lin-iff alt Wilily in ThousandICIO I ,oN L.A1 ; r1 Aro T 4-1-77 -1-77 br nil v IsJuRY PROF f R -y PAMACt TOVEr; ;fl _ I. _IMO'INL 'EACH PI RS( •N HoLlio.IN. .F_AO • 'A' I INV • . I'q3PEPT`4,,AV • I$ 100 I r300 • 10D ; isPop! PTV DAMAGE 1$ DMR.NEL) 100 DESCRIPTION OF OPERATIONS! Cancellation: Shou 1 ;my r.' he abce desci pci• es he so el t,efoie the exp - on I lie thtr at the issur-f corn zr 1. ; • to mail — clThy. -i•c.-1 notice tu the below narr•,d 14 • cite holder. hut tailwe t.• -nal such dim, e snail impose no ci ity -1* Any kind upon the compri NAM!. ANt Ai .1," -,N City of Fayetteville Administration Building Fayetteville, AR 72701 1 DATE ssum. 12-16716 _ Pf _ tot& &AA. AU +ILI PI I”-4(II4-f Ir r ' E. SAME MD ADDRE« Of NSURrr Sturdinnt' a Sheet Metal & Plumbing P.O. Boa 226 Syringl+la, AS T276k COMPANIES AFFORDING COVERAGES C MP•.'R T-Ek M no gTndnuity C Nr B 'rip (ML) V. Tr -_ GMPLN' '[TIER COMPANY 1'TTFR G This is to certify that policies of insurance listed below have oecn ssued to the insured named above and are in ',.I ce at this time. Limits of L:abilit in Thousands ) _ COMPANY 'OLiC" -- ---- - T IVP! OFINrURnNc! I POLICY NUMBER - r.-T.•i;AT[ LETTER + --- - _ Er PIR<'d:S 'JATE -- - I — a GENERAL LI661LITl BODILY INJURY S $ ❑ COMPREHENSIVE FORM PREMISES -OPERATIONS FRnOrgT. DAMAGE $ I $ ❑ EXPLOSION AND COLLAPSE ❑ UNDERGROUND HAZARD - T - r ❑ PRODUCTWOMPLETCD OPERATIONS HAZARD BOO'LY IN'JR' AN' ❑ LONIPN tUAL INSURANCE PVOOERTY JAMAL,. • $ ❑ BROAD FORM PP'PID' I )MBINED AMAGE ` J vFR50NAL IN JURY 'AVVIIe•Ia P,�ru. It:C: np,••rf $ Opera .r ') F.,I2.j I!PERSON<r iY JRY' AUTOMOBILE LIABILITY U: I Y IvuR. GA 11•• ([ACHPFR5ul 100 A 1] CuMRHE•INS:SI :DRM9 25 65 1k e-1-77 BCDfY N. J'Y s 300 Cl (EACH )•.CI. F4. N DWNED I _ - ._ HIRED PROPry V DAMAGE-. GE $ 1 .10fC0 L_ NON OWNED RODE:"�, P' AI raJPE RA' Y ___. —_ AB_ _. E CE55 LIP0::T• "s „' LJ UMUIaALA EORM I PROPERTY DAMAGE I s S ❑ OTHERTHANUMBRELLA FORM UrMe,vF D WORKERS'COMPENSATION STA G,OR and EMPLOYERS' LIABILITY WFC 9 19 40 11 OTHER Es a _ 100 a r rW. Cancellation: thou C ?ny •;t the above described policies be cancelled before the exp'ratic-t date thereof. the ssuing ccm Fary wll .deavoto mau _ days written no'^ce to the below named certificate Soule'. but failure to ma( such :entice shall impose no obligation or LI:Il.ty of any Rind upon the company. NAME AND ADDNE ° S OF CERJ IFIC ATE HOLDER DATE ISSUEO._ 12-16-76 —_ City of PgtittnTille Admini.tratioa Building lq'sttevillu, AR 72701 AJTHONIZLD REPRFSFNTATIVI 7 76 n Trr � , Ue. COMPANIES AFFORDING COVERAGES P.O. Drmw s COMPANY spriagials. AR 72764 LETTER _—_-- se. R. Inds —nit ( CMPA'I I[TIER v NAME AND ADDR'SS L' N�LIRLD p� ��y r,•MPANv 1 gtardivaat's ghset list.] i PltattDlag 1• T E R -_ P.O. Ba 226 COMPANY D 1peiagtala1 •a % • ETTEA f'brPAhv r I FTTER—L This is to.:elity 4 at pobcies i- s..• ❑nce lister' below have been tied to the ins.,-ed nar..ed above and are in fU•Ce at Tl s tune. T - — - - - - T PN Y 1 l im"fs n/Lia6ility In Thousands li`'S-cr _— LETTER T PL Ui ••NcURI,NCL "OL. NUMCE - -- :LJn ••A] L —------_-_ _� _- Lii UPwINL.L -_ GENERAL LIABILITY BJCIIYJ •NRv £ i _— --- S ❑COMPRFHEN°'VI IC 1W ❑ PREM'SES i,RATT NS 1 PROP'R'Y DAYAPF I $ 1 YPLO PAZAFflN AND CJLLAPSL ' r _ E L J '' NDERGROUN•: aAZAR I r----- 1 PROC "�'I ^"PI [TED �' .•Irl ' ' FA/fl bODI• r N, kt Av ❑ LUN1I, rt AL iNS ' RA6'E I I✓PUPFRTY 'ML,` S E ❑ RRDA' A V PR(PE R• V CnMBIN ❑ • N:EPENOENT-CN1RAC-_RSI _ — — ❑ PERSONAL INJUI•v i•tLpt •Fr r'aCtt'l0'IIR¢:eC £ 11 Caeia'll i t Ha2a•a AUTOMOBILE LIABILITY I e^" - �r�J T 0d 9 25 65 14 4-1-77 4ALH' R' £ 300 A " OMPP W NSV• rHM I------ P .. •• .IF � POPI .•r♦ MA =^I ,E E I�•••PPTr EXCESS E �AR'11T" --Y_ J UMWILALA rutM PROPERTY DAMAGE $ OTHER THAN UMBRELLA COMBINED FORM JRKERSCOMPENSATION S1 A'JT'.Pr and EMPLOYERS' LIABILITY IC 9 19 40 11 4-1-77 a 100 '�- OTHER Cancellation: Should any of the above described oclicies be cancelled before the expiration date thereof the issuing corn pany will e-deavor to mail days w•itten notice to the below named certificate holder but Ia' ure to mail sucl• -)ctice sha'I •mpose no obdgal or, or lability of any kind upon the cornpary NAME ANDADUPE<S U' CERTIFICATE HOLDER City of tgstt.T1111s AMfaistrstica Btdldlag Pgatte l lt, AR 72701 DATE ISSUED 1___ A10 ' 76 THE ETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 LIFE & CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL MEN BY THESE PRESENTS. THAT THE (ETNA CASUALTY AND SURETY COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hanord. State of Connecticut, hath made, constituted and appointed, and does by these presents make, constitute and appoint Ronald Gardner, Jr., Dixie J. Lester or Pat A. Girard - - el Springdale, Arkansas , its true and lawful Attorneys -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated , the following instrument(st. by his sole signature and act, any and all bonds, recognizance, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or con- ditional undertaking, and any and all consents incident thereto not exceeding the sum of ONE MILLION ($1,000,000.00) DOLLARS - and to bind THE ,ETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of THE (ETNA CASUALTY AND SURETY COMPANY, and all the acts of said Attorneys -in -Fact, pursuant to the authority herein given. are hereby ratified and con- firmed This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect VOTED: That each of the following officers: Chairman, Vice Chairman, President. Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Via President, Any Secretary. Any Assistant Secretary, may from time to time appoint Resident Vice Presidents. Resident Assistant Secretaries, Attorneys -in -Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, racognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (al signed by the Chairman, the Vie Charman, the President. an Executive Vice President, a Senior Vice President. a Vice President. an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (bl duly executed (under seal, if required) by one or more Attorneys -in -Fact pur- went to the power prescribed in his or thew certificate or certificate of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under mid by authority of the following Standing Resolution voted by the Board of Directors of TIE iETNA CASUALTY AND SIAETY COMPANY which Resolution is now in full fora and effect: VOTED: That the signature of each of the following officers: Orkman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President. Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney a certificate bearing such fac- simile signature a facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and fac- simile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF. THE ,ETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Secretary 1 and its corporate seal to be hereto affixed this 30th day of November 19 76 ��••£1."0"'• THE rETNA CASUALTY AND RETY C ° �F State of Connecticut a. Hartford County of Hartford On this 30th day of November , 19 76 , before me personally came C• Q. SWARTS to me known, who, being by me duly swan, did depose and say: that he is Secretary of THE .ETNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrument; that he knows the seat of said cor- poration; that the seal affixed to the said instrument is such corporate seal; and that he executed the said instrument on behalf of the corporation by authority of his office under the Standing Resolutions thereof. ii'+oT4, %'r :. ♦*t' ,i '-. •4K14 •1 My commuson a r 31, 19 80. Notary Pablo CERTIFICATE 1, tit. urdersigned. Assistant Secretary of THE ETNA CASUALTY AND SURETY COMPANY. a stock corporation of the State of Connecticut. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full fora and has not been revoked; and furthermore. that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force Signed and Sealed at the Home Office of the Company, in the City of Hanford. State of Connecticut Dated this day of 19 . w. •pro..•-.. nAyFOa V Co..- Assistant Secretary ANTED IN USA ,S -1922 -DI IMI 12.72 THE /ETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 LIFE & CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS, THAT THE ,ETNA CASUALTY AND SURETY COMPANY. a corporation duly organized under the laws of the State of does by Connecticut, and having its principal office m the City of Hartford. County these presents make, constitute and appoint Ronald Gardners of Hartford. State of Connecticut, hash made, constituted and appointed, and Jr., Dixie J. Lester or Pat A. Girard - - of Springdale., Arkansas , its true and lawful Attorneys -in -Fact, with full power and authority hereby conferred to sign. execute and acknowledge. at any place within the United States, Or, if the following line be filled in, within the area there designated the following instrument(s): by his sole signature and act, any and all bonds, recognizances. contracts of indemnity, and other writings obligatory in the nature of a bond. recognizance. or con- ditional undertaking, and any and all consents incident thereto not exceeding the sTmt of ONE MILLION ($1,000,000.00) DOLLARS - and to bind THE ,ETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the some extent as if the same were signed by the duly authorized officers of THE .ETNA CASUALTY AND SURETY COMPANY, and all the acts of said Attorneys -in -Fact, pursuant to the authority herein given. we hereby ratified and con - This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions we now in full force and effect VOTED. That each of the following officers: Chairman. Vice Chairman, President. Any Executive Vice President. Any Senior Vice President, Any Vice President. Any Assistant Vice President. Any Secretary. Any Assistant Secretary. may from time to time appoint Resident Vice Presidents. Resident Assistant Secretaries. Attorneys -in -Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds. recognizances. contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertakng, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond. recognizance. or conditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman, the President, an Executive Vice President, a Senior Vice President, a Vice President. an Assistant Vice President or by a Resident Vice President. pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power proscribed in the artiftate of authority of such Resident Assistant Secretary; or WI duly executed (under seal, it requited) by one or more Attorneys -in -Fact pur- want to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is sired rd sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of THE ,ETNA CASUALTY AND SURETY C(%WANY which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: Caiman. Vice Chairman, President, Any Executive Vice President. Any Senior Vice President, Any Vice President, Any Assistant Vice President. Any Seaatry, Any Assistant Secretary, and the Sol of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such fac- simile signature a facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by with facsimile signature and fac- simile seal shell be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF. THE .ETNA CASUALTY AND SURETY CONPANY has caused this instrument to be signed by its Secretary . and its corporate seal to be hereto affixed this 30th day of November . 19 76 f+'"'"A'^,•`, THE .ETNA CASUALTY AND PIETY CO { ..ahrtx0.i 4x. co. it �„ un •,•y,, M••" State of Connecticut ss Hartford County of Hartford On this 30th day of November , 19 76 , before me personally came C • Q. SWARTS to me known, who, being by me duly sworn, did depose and say: that he is Secretary of THE ,ETNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said cor- poration. that the seat affixed to the said instrument is such corporate seal; and that he executed the said instrument on behalf of the corporation by authority of his office under the Standing Resolutions thereof. . [• .sasssn. •M1 •If ¶#MY cawnnsxm e r h 31. 19 �. Not ary Public CERTIFICATE I the undersigned Assistant Secretary of THE ETNA CASUALTY AND SURETY COMPANY, a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney rd Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors. as set lath in the Certificate of Authority, we now in fora Signed and Sealed at the Home Office of the Company, in the City of Hartford. State of Connecticut Dated this day of 19 .,.... e-., : MximOSD. coNN n. F Assistant Secretary INTED IN U S A (S -1922-D) (M) 12-72 I a LiFE & CASUALTY THE .ETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut O6115 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL MEN BY THESE PRESENTS. THAT THE ,ETNA CASUALLY AND SURETY COMPANY, a corporation duly organized under the laws of the State of Connecticut. and having its principal office in the City of Hartford. County of Hartford. State of Connecticut, hash made. constituted and appointed, and does by these presents make, constitute and appoint Ronald Gardner, Jr., Dixie J. Lester or Pat A. Girard d Springdale, Arkansas . its true and lawful Attorneys -in -Fact, with full power and authority hereby conferred to sign, execute arid acknowledge, at any place within the United States, W. if the following line be filled in, within the area there designated , the following instrumentlsl: by his sole signature and act, any and all bonds. recognizances. Contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance. a con- ditional undertaking. and any and all consents incident thereto not exceeding the snn of ONE MILLION ($1,000,000.00) DOLLARS — and to bind THE ETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as it the same were signed by the duly authorized officers of THE .ETNA CASUALTY AND SURETY COMPANY, and all the acts of said Attorneys -in -Fact, pursuant to the authority herein given, are hereby ratified and con- firmed This appointment is made under and by authority of the following Standing Resolutions of said Company Which Resolutions are now in full force and effect. VOTED. That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President. Any Senior Vice President. Any Vice President, Any Assistant Vice President. Any Secretary. Any Assistant Secretary, may from time to time appoint Resident Vice Presidents. Resident Assistant Secretaries. Attorneys -in -Fact, and Agents to act for and on behalf of the Company arid may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances. contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him VOTED That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (al signed by the Chairman, the Vice Chairman, the President, an Executive Vice President. a Senior Vice President. a Vice President. an Assistani Vice President or by a Resident Vice President. pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power it - iaed in the certificate of authority of such Resident Assistant Secretary: a (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact pur- suant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is sig'W and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of THE ETNA CASUALTY AND SUETY COMPANY which Resduion is now in full force and effect: VOTED: That the signature of each of the following officers: Chairman, Vice Chairmen, President, Any Executive Vice President, Any Senior Vice President, Any Vice Pesident, Any Assistant Vice Resident, Any Secretary, Any Assistant Ssaetary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature tired, and any such power of attorney or certificate bearing such fat - senile signature a facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and fac- simile seal shall be valid and binding upon the Company in the future with respect to any bond a undertaking to which it is attached. IN WITNESS WHEREOF, THE ETNA CASUALTY AND SURETY COMPANY has caused this nstrurient to be signed by its Secretary and its corporate seal to be hereto affixed this 30th day of November . 19 76 �/ 4THE ETNA CASUALTY AND RETV CO xwnroxo. +. i m"" 99S l Ff By State of Connecticut Secretary ss. Hartford County of Hartford On this 30th day of November , 19 76 , before me personally came C. Qa SWARTS to me known, who, being by me duly swam, did depose and say: that he is Secretary Of THE ETNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said cor- poration, that the seal affixed to the said instrument is such corporate seal; and that he executed the said instrument on behalf of the corporation by authority of his office under the Standing Resolutions thereof. �'' afar •: • a eo*te°s •` S. re♦ ktY cawnnsan e x n 31. 19 �. Notary Public CERTIFICATE I the iridersig ed Assistant Secretary of THE ETNA CASUALTY AND SURETY COMPANY, a stock corporation of the State of Connecticut. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthrmore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force S3Patl and Sealed at the Home Office of the Company, in the City of Hartford. State of Connecticut Dated this day of 19 -,::'.,•y •• ` .xnwe. ' Ei cow 4 dR Assistant ?ail ary -IS-1922-DH HMI 12.72 TEU USA SPECIFICATIONS FOR PIPING, ELECTRICAL & MAKE-UP AIR UNITS FAYETTEVILLE YOUTH CENTER FAYETTEVILLE, ARKANSAS CITY OF FAYETTEVILLE, ARKANSAS HUD GRANT No. B -75 -MC -05-0001 Project No. 75-147 Prepared by: McCLELLAND CONSULTING ENGINEERS, INC. Fayetteville, Arkansas �1 1 TABLE OF CONTENTS ITEM FORM NO. Advertisement for Bids.....(Pages l& 2) ..........................4238-A Information for Bidders.....(Pages 1 - 5) .........................4238-B (R) Bid Bond.....(Pages 1 & 2) ........................................4238-E Proposal.....(Pages 1 & 2) ........................................4238-D Certification of Bidder - Regarding Equal Employment Opportunity. ....(Page 1 of 1) ..................................4238 -CD -1 Certification by Proposed Subcontractor - Regarding Equal Employment Opportunity.... .(Page 1 of 1).......................4238 -CD -2 Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements.....(Pages 1 & 2)..................1421 Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements.....(Pages I & 2).............1422 Contract.....(Pages 1 & 2) ........................................4238-F Arkansas Performance & Payment Bond (14-604 Arkansas Statutes) (Pages 1 - 3) .................................................. - Certificate of Owner's Attorney.....(Page l of 1) ................4238-J General Conditions.....(Pages 1 - 21) ............................4238-S (R) Supplemental General Conditions.....(Pages 22 - 35) ..............4238-N (R) Supplemental General Conditions - Special Equal Opportunity Provisions.... .(Pages 1 - 3)..................................Part 8 Supplemental General Conditions - Certification of Compliance with Air and Water Acts.....(Page 1 of 1).....................Part 9 Supplemental General Conditions - Special Conditions Pertaining to Hazards, Saftey Standards & Accident Prevention.(Page l)....Part 10 Federal Wage Decision.....(Pages 1 - 4)..........................Section VIII Payroll.... .(Page 1 of 1)........................................WH-347 Statement of Compliance.....(Pages 1 & 2)........................WH-348 Detailed Specifications - (General)..... . . . . . . . . . . . . . . . . . . . . . . . . .Section IX Detailed Specifications - Mechanical.............................Section X Detailed Specifications - Electrical...... . . . . . . . . . . . . . . . . . . . . . . .Section XI ADVERTISEMENT FOR BIDS Project No. 75-147 City of Fayetteville, Arkansas (Owner) Separate sealed bids for Lighting, piping and make-up air units for The Youth Center Swimming Pool Building, Fayetteville, Arkansas will be received by the City of Fayetteville, Arkansas at the Purchasing Office, City Administration Building, Fayetteville, Arkansas until 10:00 o'clock a.m. Tuesday November 30, 1976, and then at the Board of Director's room publicly opened and read aloud. The information for Bidders, Form of Bid, Form of Contract, Plans, Specifi- cations, and Forms of Bid Bond, Performance and Payment Bond, and other contract documents may be examined at the following office: McClelland Consulting Engineers, Inc. 1810 North College Avenue Fayetteville, Arkansas Copies may be obtained at said office McClelland Consulting Engineers, Inc. upon payment of $25.00 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 $10.00 . The Owner reserves the right to waive any formalities 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. No bidder may withdraw his bid within 60 days after the actual date of the opening thereof. No contract will be awarded to any bidder who is not licensed under latest appropriate Arkansas Statutes. Attention is called to the fact that not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure the employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. I' (4238-A) Page 1 of 2 ADVERTISEMENT FOR BIDS, Continued - Also, the contractor must agree 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 24 CFT Part 135, and any applicable rules and orders of HUD issued thereunder. Date November 9, 1976 Sturman Mackey Purchasing Agent City of Fayetteville, Arkansas 1 1 1 1 (4238-A) Page 2 of 2 Li. tnr"r:1MENI ru I'r,iNGANuuRe,u+otvEL.uIItAr4t HUD L238-B(R) INFORMATION FOR BIDDERS I Receipt and Opening of Rtds The CITY OF FAYETTEVILLE, ARKANSAS _ (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 The Purchasing Agent, City of Fayetteville 10:00 -- - -------- until 0clock A.M. November 30th, 1976 and then in the Board of Director's Room publicly opened and read aloud. The envelopes containing the bids must be scaled, addressed to Purchasing Agent, City of Fayetteville, Arkansas---- __ ___ and designated as Bid for Fayetteville Youth Center Renovation The Owner may consider informal aay bid not prepared and submitted in accord- ance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered, No bidder may withdraw a bid within 30 days after the actual date of the opening thereof. 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 -14238 -CD -1, and Certification by Bidder (Contractor), concerning Labor Standards and Prevailing Wage Requirements, Form HUD -11421. All blank spaces for bid prices must he 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, end 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. Mus' be acceptable to the Owner after verification by the HUD Area Office of the current eligibility status, and, b. Must submit Form HUD -4238 -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 -11s22. Approval of tit: 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 Fditions Obsolete Page 1 of 5 - 2 - Although the bidder is not required to attach such Certifications by proposed subcontractors to his bid, the bidder is here advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards. 4. Telegraphic Modification Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic commu- nication is received by the Owner prior to the closing time, and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or term■ will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification. Method of Bidding The Owner invites the following bid(s): A. Base bid for piping, electrical, make-up air units and ancillary equipment. B. Additive alternative for changes to lighting system. 6 7 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 purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Con- ditional bids will not be accepted. Bid Security Each bid must be accompanied by cash, certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all ex- cept the three lowest bidders within three days after the opening of bids, and the remaining cash, checks, or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within 30 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. 8. Liquidated Damages for Failure to Enter into Contract The successful bidder, upon his failure or refusal to execute and deliver the con- tract and bonds required within 10 days after he has received notice of the accept- ance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid, 2f r - 3 - 9. Time of Completion and Liquidated Damages Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within ___30 _consecutive calendar days thereafter. Bidder must agree also to Pay as liquidated damages, the sum of $ __75-Qg_ _ for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 10. Conditions of Work Each bidder must inform himself fully of the conditions relating to the con- struction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the contractor, in carrying out his work, must employ such mettods or means as will not cause any interruption of or interference with the wort of any other contractor. 11. Addenda and Interpretations No interpretation of the meaning of the plans, specifications or other pre -bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to McClelland Consulting Engineers, Inc. at P.O. Box 1229, Fayetteville, Arkansas 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 fat 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 dateG copy of their power of attorney. IPage 3 of 5 - 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, muni:ipal 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 nat 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. Page 4 of 5 Supplement to Form HUD-14238_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. 1' Page 5 of 5 I U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BID BOND KNOW ALL HEN ST THUS PRHagaITSe that we, the undersigned, and firmly bound Mums2�s-E (2-66) (Formerly CFhw2gs-E) as Principal, and as Surety, are hereby held as owner in the Donal sum of for the payment of which, wall and truly to be made, we hereby jointly and sever- ally bind ourselves, our heirs, executors, administrators, successor■ and assigns. Signed, this day of , 196...... 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 —_.— NOW, THEREFOR, (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 a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful per- formance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and ef- fect; 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. II The Surety, for value 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 ■ay accept such Bid; and said Surety does hereby waive r,ucice of any such extension. IN WITNESS lEiatOP, the Principal and the Surety bave 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 met forth above. (L. B.) Pr 1St irel Surely SEAL B7: GFC 427A82 Xxrx U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PROPOSAL FOR LIGHTING, PIPING, AND MAKE-UP AIR UNITS YOUTH CENTER SWIMMING POOL BUILDING Fayetteville, Arkansas Place Fayetteville Arkansas Date November 30, 1976 Project No. 75-147 HUD No. B -75 -MC -05-0001 Proposal of Sturdivant' Sheet Metal & Plumbing,Inr: (hereinafter called "Bidder")* a corporation, organized and existing under the laws of the State of Arkansas , *a partnership, or an individual doing busi- ness as To the City of Fayetteville Fayetteville, Arkansas (hereinafter called "Owner"). Gentlemen: The Bidder, in compliance with your invitation for bids for the installation of lighting, piping, and make - up air units at the Youth Center Swimnin g Pool Buildina_ having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within thirty intermittent calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $75.00 for each consecutive calendar- day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. II *Insert corporation, partnership or individual as applicable Page 1 of 2 BASE PROPOSAL: Bidder agrees to perform all of the work called for by the SCOPE OF CONTRACTS Section of the Specifications for the sum of Thirty-five thousand four hundred and twenty-four Dollars ($ 35,424.00 (Amount shall be shown in both words and figures. In case of discrepancy the amount shown in words will govern.) ADDITIVE ALTERNATIVE BIDS: Additive Alternate No. 1: Furnish, install and make electrical connections for fourteen 14 Type "A" and "B" lighting fixtures and make revisions to type, "C", lighting fixtures as shown on the plans. Not Applicable Dollars ($ In accordance with Act 159 of 1949 of the General Assembly of the State of Arkansas, as amended, (I (or we) submit the names of the subcontractors I (or we) propose to use, and the amounts of the proposals they have submitted, as follows: Name Amount* License No. Mechanical: Electrical: Arkansas Electrical Contractors, Inc. $7,955.00 77-216 Roofing & Sheet Metal: Other: Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. Bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids. Upon receipt of notice of the acceptance of this bid, Bidder will execute the formal Contract and will deliver a surety bond or bonds as required by the INFORMATION FOR BIDDERS. The bid security attached, without indorsement, in the sum of 5% of the amount of bid, or Two thousand fifty & No/100------------dollars ($2,050.00 ), is to become the property of the Owner in the event the Contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional work caused thereby. (SEAL if by Corporation) 210 N. Spring, Springdale, Ark. Business Address Date: 11-30-76 Respectfully submitted, Studrivant's Sheet Metal & Plumbing, Inc. Ark -77-971 Bidder License No. By 1 1,tt = W. H. Sturdivant Title President LI *Amounts of bids by subcontractors (423B -o) shall be submitted in separate sealed envelopes CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY (4238 -CD -1) HUD-II238-CD-i (6-66) U.S. DEPARTMENT OF HOIIS INC. AND UPBAN 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 part of the bid or negotiations of the contract whether it has partici- pated 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 Name: Sturdivant's Sheet Metal & Plumbing, Inc. Address: 210 North Spring Street Springdale, Arkansas 72764 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes ® No ❑ 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes ® No ❑ 3. Bidder has filed all compliance reports due under applicable instructions, including $F•100. Yes ❑ No ❑ None Required [IL 4. If answer to item 3 is " No," please explain in detail on reverse side of this certification. Certification — The information above is hue and complete to the best of my knowledge and belief. W. H. Sturdivant, President NAME AND TITLE OF SIGNER (PLEASE TYPE) Lo. _ 11-30-76 SIGNATURE DATE Previous Editions Obsolete GPO ees.ess I CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY (4238 -CD -2) FORM APPROVED ' - BUDGET BUREAU NO. 63.R1138 HUD -4232 -CD -2 (2-67) DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ' CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY ' Sturdivant's Sheet Metal & Plumbing, Inc. 75-147 NAME OF PRIME CONTRACTOR PROJECT NO. INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and ' regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or sub- contract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under ' applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under applicable in- structions, such subcontractor shall be required to submit a compliance report before the owner approves the sub- contract or permits work to begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION • Subcontractor's Name: Arkansas Electrical Contractors, Inc,• Address: 405 West Poplar ' Fayetteville, Arkansas 72701 ' 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yesti No 0 2. Compliance reports were required to be filed in connection with such contract or subcontract. ' Yes ® Non 3. Bidder has filed all compliance reports due under applicable instructions, including SF -100. ' Yes ® No 0 None Required fl 4. If answer to item 3 is "No," please explain in detail on reverse side of this certification. I Certification �— The information above is true and complete to the best of my knowledge and belief. �E >`T NAME AND TITLE OF SIGNER 'Please Type) SIGNATURE DATE ' Previous Editions Obsolete 2157e9 -P HUD -Wash., D. C. CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS (1421) U.S. DEPARTMENT OF P4UU$ING AND AN L M COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS 1O (Appropriate Recipient!: City of Fayetteville DATE (If 1. The undersigned, having Executed a contract with City of Fayetteville for the construction of the above -identified project, acknowledges that: (a) Tie Labor Standards provisions ate included in the aforesaid contract; (b) Correction of may infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility; 2. He sartifes that: (a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CER, Pan 5)or pursuant to Section 3(a) of the Davts-Bacon Act, as amended (40 U.S.C. 276u -2(o)). (b) No part at the aforementioned contract has been or will be subcontracted to any subcontractor if such sub- contractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors end say lower tier subcontractors, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractots. 4. H. testifies that: The legal Same and the busiasss address of the undersigned we: Sturdivant's Sheet Metal & Plumbing, Inc. 210 N. Springs St., Springdale, Arkansas 72764 (b) The undersigned is: (1) A SINGLE PROPRIETORSHIP Ill A CORPORATION ORGANIZED IN THE STATE OF A PARTNERSHIP (c) The nuns, tide end address of the owner, peones or officers of Ike undersigned are NAME TITLE ADDRESS 210 N. Spring Ste We He Sturdivant President Springdale, Arkanse HUD -1121 (6-25) Swim. Pool s 72764 II 1 -- EIS Ih .sEEs ad aidrcells .1 o other pusons, alb uolu•al and corporate, having o subsi.ntul interest in the unders,g,md, will the "two ..f the entire ,Iwo it/ n°.. . ,u .Yii. 1: NAMe ADDRESS NATURE OF INTERFST_-- 1 ' (e) TM "wog, address end trod. cbesillcebon, of all other building conhlruction contractor, in which the undersigned has • wbitaati.l interest are N! nrnr n .rote,: NAME ADDRESS TRADE CLASSIFICATION 1 ' Sturdivant's Sheet Metal & Plumbing, Inc. 11-30-76 resin Rnrrnn at. I. W. H. Sturdivant WARNING U.L Crbpul Cale Eeello. 1010, Title 18, U.E.C., providn In part: "Wheever. . . . . makes, passes, utters or publishes any st•to. se, bowing we game to be bl.e . . @belt be lined not more than 15.000 or imprisoned not more than two years, or both." 1 1 1 1 GPO •n.rra X%Kt 1 SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS (1422) I U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE RECN)IREMI TDtAppreprpre R.cipie.o) IaATt F NUVsiR uhf) -147 Mayor PROJECT NAME iayett�viile - Youth Center Swim. Pool S. The urdetsiped, having Executed a contract with Sturdivant' s Sheet Metal & Plumbing 10nh,acloI Or Y coau.cw/ err Electrical Work vture of I. theamountofs 7,955.00 in the eoutruction of the above -identified project, certifies that: (a) The Labor Standards Provisions of The Contract For Construction an included is the aforesaid contract. (b) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest is designated as on ineligible contactor by the Comptroller General of the United States pursuant toSectionS.6(b) of the Regulations of the Secretary of Labor, Pon S (29 CSR, Part 5), or pursuant to Section 3(a) of the Davis. Bacon Act, as amended (40 U.S.C. 276a-2(a)A (c) No part of the afuetarentioned contract has been a will be subcontracted to any Subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial Interest is desiprated as an ineligible contractor pursuant to the aforaesM regulatory or statutory provisions. 2. He agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Require- mesta, executed by the lower tier subcontractor, in duplicate. (s) The workmen will report for duty on or about re 3. N. certifies that: Ja) The legal aeso*and the issiness address of the undersigned as: Arkansas Electrical Contractors, Inc. 405 West Poplar, Fayetteville, Arkansas 72701 (N The Endersigned is: (1) A SINGLE PROPRIETORSHIP: let A CORPORATION ORGANIEIO IN THE STATE OF, III OTHER OMOANIIATIOM (c) The Remo, title and address of the owner, Farmers or silicers of the undersigned me; NAME TITLE ADDRESS f� UJFELIC1R e.S r C, I_ ox su FHtE TTCVILL42 �, lTh EtzT- ( h t e c F,p, L 0y stab __ HUD -1127 (4-73) j(, -tz ial jkl<.1z701 II xxx (d) The names and addresses of all other persons, Fork natural and corporate, having a suhstanliel interest in if.e undersigned, and the nature of the into test ore (If none, so stole'; NAME AD on LSa MATURE OF INTLnLST (a) The names, addresses end trade classifications of oil other building c"Struction contractors in which the undersigned has a substantial interest are (If none, to mrc): NAME ADDRESS TRAOL CLASSIFICATION Arkansas Electrical Contractors, Inc. (S. bran Marto,) 3Ec-Tlc (Signetare/ (Typed .Naar and Title) WARNING U.S. Criminal Co", Section 1010, title 15, U.S.C., provides N part: "Whoever, .... makes, pass", unite, or publishes any states"4 hawing the same to be (else. .... shill be Iias not more then 55,000 or ImprisaaW not more than two yens, or bah." ..o es+re HUD -4235F (Seri) CONTRACT THIS AGREEMENT, made this ISa_ day of De - .fl ber , 192k-, by and between City of Fayetteville herein called "Owner," acting (Corporate Name of Owner) herein through its Mayor , and (lit?. ofAuthofred Official) STRIKE OUT (a corporation) )(XyAWN* * INAPPLICABLE (!�}iiRf�Il1RRgCiI94�44EX+ Sturdivant's Sheet Metal & Plumbing,Inc. TERMS 210 N. Spring St., Springdale Ark) of Springdale ,Countyof Washington ,andStateof Arkansas __ hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: hereinafter called the project, for the sum of Thirty—five thousand four hundred &twenty—four _ Dollars (S i S , 424 - ) and all extra work in connection therewith, under the terms as stated in the General and Special Con- ditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to com- plete the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, Sup- plemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefor as prepared by MC CIelland Cons. Engineers ,Inc. ,herein entitled the Architect/Engineer, and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and col- lectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within_.AQJ**K*XfiLXcalendar days thereafter. The Contractor further agrees to pay, u liquidated damages, the sum of $ 75 . 00 for each consecu- tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions. (Over) II Ii IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. (Seel) ATTEST: (Sal) y ¢r (iffier,) City of Fayetteville (Owner) fjor Sturdivant's Sheet Metal & Plumbing,Inc. (Contractor) Q.t�t.L.Yti� By _ (Secretary) (Wrmess) President 210 N. Spring St. Springdale, Arkansas 72764 (Add,... and Zip Code) NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. HUD -4238•F 16-66) GPO 869.3eo II X401) �1 (Rev. 1/76) ARKANSAS PERFORMANCE AND PAYMENT BOND (111-601; Arkansas Statutes) KNOW AIL MEN BY THESE PRESENTS: That we (1) Ct,,r.iivant Chant Metal and Pliunhing, Inc. a (2) A Corporation , hereinafter called 'Principal" and The Aetna Casualty and (3) Surety Company of Hartford , State of Connecticut , hereinafter called the "Surety", are held and firmly City of Fayetteville bound unto (1s) Fayetteville_ Arkansas , hereinafter called Thirty Five Thousand nmbd "Owner" in the penal sum of p. _niir ) dollars ($ 35,424.00 , in lawful money of the United aces, for the payment of which sum wefl an 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 (S* day of DPe2YY�ber , 19 , a copy of which is attached and made a part hereof for the construction of: Lighting, Piping and Make -Up Air Units at the Youth Center Swinning Pool Building 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 tams 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 II 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 terms 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 3t 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 day of .11¢Lart�04✓ , 190 ATTEST: Sturdivant Sheet Metal and Plumbing, Inc. (SEAL) ATTEST: AUDI bbS See Power of Attorney Attached SECRETARY (SullEn) `. 1� y _ • `I i Springdale, Arkansas 1 I I 1 [I Ii NOTE: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (2) A Corporation, a Partnership, or an individual, as case may be (3) Correct name of Surety (4) 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 I MUD -4226) (2 -IS) U.S. Department of Housing and Urban D.wlopment CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, J QMe5 , • • I \ \e,Carcl II , the duly authorized and acting legal representative of ©� 1-nJ.PAe.VI tI'& , FVr follows: do hereby certify as 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 and 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 same in accordance with terms, conditions and provisions thereof. Date: MUD•Wash., D. C. II U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Commmnity Developanent Block Grant Program GENERAL CONDITIONS 1. Contract and Contract Documents The project to be constructed pursuant to this contract will be financed with assistance from the Department of Housing and Urban Development and is subject to all applicable Federal laws and regulations. The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. Contents* 1. Contract and Contract Documents 36. Stated Allowances 2, Definitions 37. Use of Premises and Removal of Debris 3. Additional Instructions and Detail 38. Quantities of Estimate Drawings 39. Lands and Rights -of- 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 8. "Or Equal" Clause 44, Protection of Lives and Health 9. Patents 45. Subcontracts 10. Surveys, Permits and Regulations 46. Equal Employment Opportunity 11. Contractor's Obligations 47. Interest of Member of Congress 12. Weather Conditions 48. Other Prohibited Interests 13. Protection of Work and Property-- 49. Use Prior to Owner's Acceptance Emergency 50. Photographs 14. Inspection 51. Suspension of Work 15. Reports, Records and Data 52. Minimum Wages 16. Superintendence by Contractor 53. Underpayments of Wages 17. Changes in Work 54. Anticipated Fringe Penefits 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 21. Subsurface Conditions Found Different 59. Classifications Not Listed 22. Claims for Extra Cost 60. Fringe Benefits Not Expressed 23. Right of Owner 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 Payment as Release 64. Questions Concerning Regulations 27. Payments by Contractor 65. Payrolls and Records 2B. Insurance 66. Specific Coverage 29. Contract Security 67. Ineligible Subcontractors 30, Additional or Substitute Bond 68. Provisions to be Included 31. Assignments 69. Breach of Labor Standards 32. Mutual Responsibility of Contractors 70. Employment Practices 33. Separate Contracts 71, Contract Termination; Debarment 34. Subcontracting 35. Architect/Engineer's Authority HUD—A23BS(R) Previoo..d,,,on is obsole,e M Attachment to Federal Labor Standards Provisions L 2. 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. I El 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 date■ 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 I I 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, • v. 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 seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. t HUD -423$S (9-701 XXv I ' 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. ' 8. "Or Equal" Clause Whenever a material, article or piece of equipment is identified on the plans or in the ' specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendor■ which will perform adequately the duties ' imposed by the general design will be considered equally acceptable provided the material. article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Architect/Engineer's written approval. ' 9. Patents ' (a) The Contractor shall hold and save the Owner and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patentedorunpatented 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. (c) If the Contractor uses any design, device or -materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the Owner of such ' patented or copyrighted design, device or material. It is mutually agreed and under- stood, that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner ' of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this contract, and shall indemnify ' the Owner for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. ' 10. Surveys, Permits, and Regulations Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the Contractor all surveys necessary for the execution of the work. The Contractor shall procure and pay all permits, licenses and approvals necessary for the execution of his contract. ' The Contractor shall comply with all laws, ordinances, rules, orders, and regulations re- lating to performance of the work, the protectionof adjacent property, and the maintenance ' of passageways, guard fences or other protective facilities. 11. 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 HUD -42385 (R) herein otherwise expressly specified, necessary or proper toperform and complete all the work required by this contract, within the time herein specified, in accordance with the provisions of this contract and said specifications and in accordance with the plans and drawings covered by this contract any and all supplemental plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain, and remove such construction plant and such temporary works as may be required. The Contractor shall observe, complywith, andbe subject to all terms, conditions, require- 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 In the event of temporarysuspensionof work, 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 Urbar Deve!4,p- 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 be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll, HUD -42 31 5 19 -701 1 1 I 1 1 1 1 I 1 1 1 I 17. Changes in Work No changes in the work covered by the approved Contract Documents shall be made with- out having prior written approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination of the fol- lowing methods: (a) Unit bid prices previously approved. (b) An agreed lump sum. (c) The actual cost of: 1. Labor, including foremen: 2. Materials entering permanently into the work; 3. The ownership or rental cost of construction plant and equipment during the time of use on the extra work; 4. Power and consumable supplies for the operation of power equipment; 5. Insurance; 6. Social Security and old age and unemployment contributions. To the cost under (c) there shallbe added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 18. Extras Without invalidating the contract, the Owner may order extra work or make changes by altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the Owner or its Architect/Engineer, acting officially for the Owner, and the price is stated in such order. 19. Time for Completion and Liquidated Damages 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 in the contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed." The Contractor agrees that said work shall be prosecuted regularly, diligently, and un- interruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereofgrantedby 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 2 definite and certain length of time is fixed for the performance of any act whatsoever: and where under the contract an additional time is Nuo-4223: (R) 'U I 1 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, he will at once make such changes in the Plans and/or Specifications as he may find nec- essary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 17 of the General Conditions. 22. Claims for Extra Cost ' No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the 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 6 MUD -12385 (9 -lo) I such intention to terminate the contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall imme- 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 Owner for any ex- cess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefor. 24. Construction Schedule and Periodic Estimates Immediately after execution and delivery of the contract, and before the first partial pay- ment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price, 25. Payments to Contractor (a) F'd letn ♦h., %us paym the Contractor on the basis of a duly certified and approved estimate of the work pe ed during the preceding calendar month under this contract, but to insure the proper pe ante of this contract, the Owner shall retain ten percent (10%) of the amount of each ate until final completion and acceptance of all work covered by this contract: Provi that the Contractor shall submit his estimate not later than the first day of the month; ded further, that the Owner at any time after fifty percent (50%) of the work has been -sled, if it finds that satisfactory progress is being made, may make any of the rema rogresa payments in full; Provided, further, that on completion and acceptance of eac rate building, public work, or other division of the contract, on which the price is state rately in the contract, payment may be made in full, including retained percentages the less (b) In preparing estimates the material delivered on the site and preparatory work done may be taken into consideration, (c) All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the contract. tra*tQL agrees that he will indemnify and save the Owner harmless from all claims growing f the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, a •nishers of machinery and parts thereof, equipment, power tools, and all supplies, inclu mmissary, incurred in the furtherance of the performance of this contract. The Contra shall, at the Owner's request, furnish satisfactory evidence that all obligations of then hereinabove designated have been paid, dis- charged, or waived. If the Contractor fails s o, then the Owner may, after having served written notice on the said Contractor, either p aid bills, of which the Owner has written notice, direct, or withhold from the Contrac n aid compensation a sum of money deemed reasonably sufficient to pay any and all sue 1 claims until satisfactory evidence is furnished that all liabilities have been fully discha where - MUD -423$5 (9-70) )ix II any obligations upon the Owner to either the Contractor or hispaying any unpaid bills of the Contractor, the Owner shall be ne agent of the Contractor, and any payment so made by t e considered as a payment made under the contract bx t'ri to the Contractor and the Owner shall not be liable to the .mad�in_aood-faith. _._. _. -- 26. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this contract or the Performance and Payment Bond, 27. Payments by Contractor The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month following that in which services are rendered, (b) for all materials, tools, and other expendable equipment to the extent of ninety percent (40,O) of the cost thereof, not later than the 20th day of the calendar month following that in which such materials, tools, and equipment are delivered at the site of the project, and the balance of the cost thereof, not later than the 30th day following the completion of that part of the work in or on which such materials, tools, and equipment are incorporated or used, and (c) to each of his subcontractors, not later than the Sth day following each payment to the Contractor, the respective amounts allowed the Contractor on account of the work per- formed by his subcontractors to the extent of each subcontractor's interest therein. 28. Insurance The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his sub- contract until the insurance required of the subcontractor has been so obtained and approved. (a) Compensation Insurance: The Contractor shall procure and shall maintain during the life of this contract Workmen's Compensation Insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the pro- ject under this contract and, in case of any such work sublet, the Contractor shall re- quire the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded bythe Contractor's Workmen's Compensation Insur- ance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall procure and shall maintain during the life of this con- tract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Supplemental General Conditions. (c) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall either (1) require each of his subcontractors to pro- cure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and :.n the amounts specified in the Supplemental General Conditions specified in subparagraph (b) hereof or, (2) insure the activities of his policy, specified in subparagraph (b) hereof. (d) Scope of Insurance and Special Hazards: The insurance required under subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his subcon- tractors, respectively, ago .nst damage claims whit`. may arise from operations under MUD -42385 19-70) 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 General Conditions. (el uilder's Risk Insurance (Fire and Extended Covers e : 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) ona 100 percent completed value basis on the insurable portionof the project for the benefit of the Owner, the Contractor, subcontractors as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during con- struction unless the Contractor is required to provide such insurance; however, this provision ■hall not release the Contractor from his obligation to complete, according to plans and specifications, the project covered by the contract, and the Contractor and his Surety shall be obligated to full performance of the Contractor's undertaking. (f) Proof of Carriage of 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 containsubstantially 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%) 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 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. 3Z. 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. HUD -42385 (R) L 33. Separate Contract t The Contractor shall coordinate his operations withthose 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 on those parts of the work which, under normal contracting practices, are performed by specialty sub- contractors. (b) The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require. (c) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. (d) The Contractor shall cause 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 executionof 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 least three 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 cist of installation of the "Allowed Materials" shall be included in the applicable sections of the Contract Specifications cover- ing this work. ' 10 MUD -42355 19-701 Ax;' i 37. Use of Premises and Removal of Debris The Contract expresily'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 equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors: (c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; (d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike 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 given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this contract, and such increase or diminution shall in no way vitiate this contract, nor shall any such increase or diminution give cause for claims or liability for damages. 39. Lands and Rights -of -Way Prior to the start of construction, the Owner shall obtain all lands and rights -of -way necessary for the carrying out and 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 theOwner, 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 delivered in person to the said Contractor or his authorized representative on the work, 11 NUD-atlas (R) Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. Protection of Lives and Health is 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 desdribed by Chapter XIII, Bureau of Labor Standards, tapartment of Labor, Part 1518, Safety and Health Regulations for Construction, 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." Subcontracts liThe 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 subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made." Equal Employment Opportunity 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, religion, sex, 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, religion, sex, 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 inconspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions 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 applicants will receive consideration for employment without regard to race, religion, sex, color, or national origin". (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965. and shall post copies of the notice in conspicuous places available to employees and appli- cants for employment. (4) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department of Housing and Urban Development and the Secretary of Labor for purposes ofinvestigationto ascertain compliance with such riles, 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 much 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, or Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit, 48. Other Prohibited Interests No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personallyinthis contractor in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, super- visory or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract per- taining to the project. 49. Use and Occupancy Prior to Acceptance by Owner The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the Owner, provided the Owner: (a) Secures written consent of the Contractor except in the event, in the opinion of the Architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of punch list items or other contract requirements. (b) Secures endorsement from the insurance -carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construc- tion, or, (c) When the project consists of more than one building, and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit to com- plete construction. Consent of the surety must also be obtained. 13 HUD -12315 (R) 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; recruitmenter 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 forth the 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. 50. Photographs of the Project If required by the Owner, the Contractor shall furnish photographs of the project, in the ' quantities and as described in the Supplemental General Conditions. 51. Suspension of Work Should the Owner be prevented or enjoined from proceeding with work either before or after the start of construction by 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 completionof the work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing. 52. Minimum Wages All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than moo each weak, and without subsequent deduction or rebate an 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 fall amotmt due at time of payment computed at wage rates not lose than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached and herein incorporated by reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or 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 secure■ satisfactory facilities approved by the Local Public Agency or Public Body for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1 (b) (2) of the Davis -Bacon Act an behalf of laborers or mechanics are oonsidered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contribu- tions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 53. UDSSPAn4IITs 07 WAGES OR SALARIES 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 much thereof as the Local Public ' 111 I 1 I Agency or Public Body may consider necessary to pay such laborers or mechanics the fall 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 BEt1EEFFITS 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 net 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 must be submitted to the Local Public Agency or Public Body with the first payroll filed by the Contractor subsequent to receipt of the findings. 55. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SMvrY STANDARDS ACT (76 Stat. 357-360: Title 40 U.S.C., Sections 327- 332) (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchman 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. ) or npaid ages In thebevent of t any violation ty offtheuclausewliquidated set forth in paragraph (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 Ynm 11238-S(R) 15 NW.S., a a 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 in paragraph (a). (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 get forth in paragraphs (a), (b), and (o) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. C. ♦. Apprentices will be permitted to work at lees 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 it a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowsIle ratio of apprentices to journeymen in any craft classi- fioation 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 104ftek., a C. I 11 I ' 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 ration and wage rates (expressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall be not less than ' the appropriate percentage of the journeyman's rate contained in the applicable wage determination. 1 ail 1 1 1 1 1 b. Trainees. Except as provided in 29 CFR 5.15 trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U. S. Department of Labor, Manpower Administration, Bureau of Appren- tice and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved pro- gram for his level of progress. Any employee listed on the payroll at a trainee rate who is not registered and partici- pating in a training plan approved by the Bureau of Apprentice- ship and Training shall be paid not less than the wage rate determined by the 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. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CPR Part 30. 17 H% VS., D. G 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-CAtdD "ANTI-SICKSACK 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 state 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. ENLPLOYME21P OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WIDE DETERPIINATION 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 act ton taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the 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. The Local Public Agency or Public Body shall require, whenever the sinimum 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. 18 xuo.vr.. D. C. 1 1 1 1 1 1 I 1 1 1 1 1 The applicable wage poster of the Secretary of Labor, United States Department of labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classi- fications, shall be posted at appropriate conspicuous points at the site of the work. 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. 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. All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti -Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davie -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. The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be 19 I: Li •r -w • c � 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 shall be maintained during the course of the work and preserved for a period of 3 years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1(b)(2) of the Davie -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 roviding benefits. under a plan or program described in Section 1(b)p(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 persons 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. p. The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which the" Federal Labor Standards Provisions are applicable. i 11a M: I ip fiji'; ;kj The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted 20 ' soo-o.r.. o. C. '"Ip without the Local Public Agency's or Public Body's prior written approval of the subcontractor. The Local Public Agency or Public Body will not approve any subcontractor for work covered by this Contract who is at the time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of labor or the Secretary of Housing and Urban Development, to receive an award of such subcontract, 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. ::e. .. n: 5 • s; w �• : n: ru .: a nd In addition to the causes for termination of this Contract u 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. 21 Him 1i?3A..S(R) i:i' ,'s•xa t Liiii tx.'�bit ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SID -CALLED "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR TITLE 18. U.S.C., action 874 (Rephas action I of the Act of June 13. 1934 (48 Stat. 948.40 U.S.C., see. 276b) pursuant to the Act of June 25, 1948.62 Stat. 862) KICKBACKS FROM PUBLIC WORKS EMPLOYEES. Whoever, by force, intimidation. or three of pmcunng dismiwal from employ meet. or by my other manna wha"o- ma indaeea my pemn employed in the con4mcbon. pro,rcution, completion or "pair of any public buldmr, public work, or balding or work financed in whole or in pact by loans or pmt. from the 1 •nsted States. to give up anv pot of the con. pmmtion to which he I. entitled under.his contract of employment. shall be fined not more than *5.000 or imprisoned not more thin five years. or both. SECTION 2 OF THE ACT OF JUNE 13. 1934. AS AMENDED (48 Slat. 948, 62 Star, *62, 63 Suit. 108.72 Slat. %7,40 U.S.C.. mc. 276c) The Secretary of Labor shall make mannabIr regulation. for contractors and subcontractor, .nand in the construction. premonition, completion or "pair of public budding. public work% or buddmn or woks financed in whole or in part by loans orpants from the United Suites, including a provismn that each contractor and subcontractor shall furnish weekly a %tatement with reeprd to the wages paid each employee during the preceding week. Section 1001 of Title IS (United State. Code) shill apply to such statements. ..-xxx--. Pursuing to the aforesaid Anti -Kickback Act, the Scretry of Labor. United Ste" Department of Labor, hr promul. pled the regulations hereinafter art forth, which regulation are found in Title 29. Subtitle A, Code of Federal Reculatvrrw, Port 3. The term "Ibis pan,"sa used in the "gulatmn. hereinafter art forth. refers to Pan 3laa .bow mentioned. Said rra- oleinn we as follows; TITLE 29 —LABOR Subtitle A — Office of the Secretary of Labor PART 3 —CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANT* FROM THE UNITED STATES SiYbn 3.1 Purpose and scope. This part prnaibe. ".nti.kickb.ck" regulations undo section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276.). popularly known m the Copeland Act. This part applies to any contract which is subject to Federal wage standard. sad which is for the conmuction. poaeution, completion, or repast of public buildings, public works or budding a works fmanead in whole a in part by ben or pants from the United Ste". The pan is intended to aid in the enforcement of the marimam wye proviiorm of the DavrBamn Act and the various statutes dealing with Federally,serted construction that emldn similar animus wag provisions, including those proeiimn which .re not .object to Reorganwton Plan No. 14 22 HUD 4238S(R) Ddtibi.t (t{., the Colkp Housing Act of 1960. the Federal Water Pollution Conrad Ass, and the Hosing Act of 1959), and in the element of the.virtima portios of the Contract Work Icon Standards Act whenever they an applicable to mnanetio. work. The pit details theobligation of contractor and .oheontncton nedve to the weekly anbesea of tatmtab rapid• Irig the was Pafd on work .overed tbenby: eta forth the cinrrnwanM d prucednwe panting the wily of p.yrol d.. Ln6a. bran the wages of those employed an auch work; and dame nss the mathds of pryb—t pewim" on suck week. Section 3.2 Definitioan. Anal in the regultions in the pit: (a) That teat "balding" or "work" generally include.oaMeliea activity a distinguished from aanufe1eewg, faiiing of matMi., or an o.1 and nrine.ance work. The tens wdude. without IniWion, bnildinp, drbsaee, and improvements of all types, such a bridges, demn, plane, highways. parkway.. areee, subways. lands, ewer, main, pow.r d1aa, pumping statiou.a rilways. rrporta. terminal., docks. lien. whtA.t ways. hghtho. a. ►.rya, jetties, breakwaters. Lass, and enact; dredging. indng, scaffolding, dray'Lsiyt, ascen dng. clearing. and laniaping. Unlem conducted in ma iecS. with and at the ate of suet a building or work a is described I. the foregoing semen ce. the aaahetun or fine►• erg of matrials, mtieb, supplies, an eq.npnnea (whether a not a Federal a State agency aeq.an tide to mach aaaeh, ricla..pp ire. a equipae.t during the mine of the mana1aetn a furnSu erg, or owe the aaeri.. ban which they ore mnia/rwd or faimbd) a ant. "billing"a "work"withi. the neanrg of the agSatio.0 in that pat. .(►) The tarns "mnsWctian " "pr.meuti .. ""completion, o'r. nun all types of work door ona Winter buiWlug or work at the at. thereof, including. without limitation. altering,nrodeling. painting ad decorating, the tna oiI. lug of .W.ri.le and suppbes to or from the building a work by the employees of UFe eoatratm contractor or conamaion aiooanctor, and the manufacturing or faishing of aaeids. rtidn, supplies. or equipment an the site of the building or work, Iy pews. employed at the it. by the connector or subcontractor (c) Ta tem "public bmLiy" r "public work" tnelade building a work for whole eoan.eato., press I .. tom• platin, or repair. an defued abut. a Federal apay is a contacting pay. regardless of whether lithe thereof a in a Federal apney (d) The tan "building or week fiend in whole or a pit by Lea or pane from the United State" includes built shy a work for whole co.Mmeti.a. prosecution. completion. or repo, a defined shove. paymasters or pmt payment is wade Healy or indirectly from funds provided by loa or pane by a Federal agency. The tea dean not add. biding a work For which Federal aarn.e a limed rlely toLan premat or trmure.e. (a) Envy person Paid by a cn.trscar or subceatneta w any sorer for his labor in 1ho mawaL., poeeute.. compltion, a reps of a p.Wic building or pike work a building or weak fawned in whole eels part by low orpant time the Unshed Sean is "employed".d rainy wags,"ngedkaof sy eo.tracui nladonship alleged to ear betwen him and the nil employs. (I) The tees "may dNiaS prnon" includes a .pour. chid. pet, a other tear relative of the castration an e.► .ontncbr; a partner or officer of the contractor or subcontractor: a ....,..So. Closely connected with the contractor or .ubcoaaicr an prep, subsidiary or otherwise, sad an office a np.l of sorb corporaon. (g) The tea "Fednl agency" was the United State. the District of Columia, and all e.aotin deprtrat in. dga'.a a nblahaes administrative .g ntim and antnwnhekti a of the United Store and of the Detrkt of Cohabit Including anrporetionn sb or substantially r of the rock .f which is heafrcialy owned by the United Stan, by the Data of fabrabia, a any of the foregoing depataeas, eaab►dane.t. gMil , and is za.utshbu.. Section 3.3 Weekly sbtmnent with respect to payment of wages. (a) Mad is this action, the tea "employee" ivai not apply b porous a <I.aaikathame highs than that of laiarr or anY.le and tboan who act the lanldea supvvaon of such Mphryma. 23 xi (h) Farb contractor or ankaon/raclp cagageal in the construction. prormrtion. completion, or repair of any politic a 1. an public work, r '_ling r work financed in whole or in pat by lows or grant. from the forted State.. .ha11 fr.ih ark w.rk a MMemsM with tepees to the wage. paid each of Oh emldorrn enraged Out wok covered Lv $9 CFR Foss 3.4 3 dring tat prnrdwrg wehhpaying period. This statement .1.111 1. caressed b the co tractor or ,ubnm• Unclear r by not ..unfired officer or employee of the rontractor or subcontractor who sulswnrs ore let ..,rut .d wane and s(d be oo hem h713 -It, "Statement of Compliance'. or an an identical hem am the bad of *7I 3.17. "Pal roll (For Con. hose rsOption l Un)'r so any frm with identical wording. Sample copies of hill 317 and till 378 may be obtained from The Co... __---a consrrl_gr rep .nmring gmev, and copier of lb... (era. may be purchased at the G.nu.me i hinting OMW. (a) 7M requimrwrds of this radian idI coat apply to any contract of S2,000 r Ira (d) Upon a written Fmins by the head of a Federal agency, tie Secrets. of labor may provide rea.snst r limitations, vmiutioa lair. car, and nsrrptioe. from the rw(Wemems of chi. ration wrbjret to web 000d'stmom it the Stanley of labor may specify. 129 F.M. 93, Jan. k. 1964, m.awnd.d at 3311. 10116, July 1?, 1948 Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records. (a) Fie' weeny de anent required under { 3.3 shall be delivered by #Ie eonlndlor r .obronstrlr, within turn days Often she regular paymrM dale of the p.ynll period, to a repm.rotattn of s Federal or State .gran in chargr at the die of it* h.ddigl r vrk, r, if them is ao car.. a JMin of a Fr4nl r State .grncy at the site of Ili building or nark, Ibr saemml .all he mailed 1,1k. mMtaeer or wheontraebr, onto_ such litre, to a Federal or State agency eoMen9nq fore. Cumming the building or work. After suck examination and chiefs term he made, such statement. or a cola thereof, shit he kept maikldr, ne .hell be trane.nld h.gelhm with a report of .ny .idaiau, _ atoned..., wilh applicable procedures prnslbd by the Umss Aatn lkparlm.al of halo. (') Each comrortr or subcontractor shall person his wok h lea. roll omits for a period of tlwa vein from dale of somldrlio. of the contend. 11w per roll reread. .hsll art out acturateiv and compkirly the see and ddmw of ear, lahrer full merha.k. his correct cla.ilkatioa. rate of per', daily and u ee►l number, of boon •nits, ddrtirt+ code, and actual rags pd. Such payroll record. shall be man. available M all times for ingeclion by tie contracting officer or by authonred supersensitive, and by wthor ed npmemtMwes of the Department of Labe. bother 3.5 Payroll deductions pemtie mble without application to or approval of the Secretary of Labor Dodrtion mite ado the eireawwaacm or lithe the Swathe_ derribd in the paragraphs of this section may be made without application to and approval of the Secretary of faher: (a) My drdrtion made in morphemes with the rrydrcment. of Federal. State. or local kw, such r Fednel r State wiiiSihug' Inns and Federal raid .eerily tan. (►) My ddsetion of ems pmiuudy paisloth, employee Or a Ions We pmpavm.M of wages when such Prclum merit Is made without bcost or interest. .t "brew fink prepayment of wages" is romidered to have been state ode n hen ea. h or its ephalrnt Into ins maintained to the .,.n employ.d in each summer ails gets him complete fnebw of dup,ition of U. .and (an&. (e) M) deduction of morn Me regnime by court parr to be paid to another. aokn the dedmcioa i._ for of the o etraebr, subcontractor or sul affiliated person, r when collusion or collaboration Bail . 24 Ii I ETTII mdabic 1 (d) My deduction mrlilutia a eontfbotim on behalf of the peron employed to fiat establis ed by the employes - rip ramafatlwa of employees, or both, fat the propose of providing either from principal or mat. or both. medical or bopita1 tam, perwieo or annuities on retirement. death benefits, compensation for injunn, ill". accidpau, Na..., or dibility, or for inwranee to provide any of the (ongoing. a unemployment benefits. vacation pay. savings ---a or iaailr psynrda for the benefit of employees, their families and dependents: ho. 3.L how". This the following standard we ad: (1) The deduction it not otherwise prohibited y low: (2) it as either: (i) Voluntarily conaead to by the sployn in wailing and it advance of the pried as which the work is tobe done and such cannot is not a roMilins either for the obtaining of or for the mrtnumion of empbymnt. or (ii) provided for in a basis fde cdkctivr bargaining sweet eat be- tween the contractor or an►antnctoe and rsprrsentstivrs of its employers. l3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated peon in the fora of eommirion, dividend, or olhwwi e; .5 (4) the dduclimm .lull save the convrnienn and interest of the employee. (e) An deduction Contributing towed the purchase of United Stain Defense Stamps and Bond whit animate ily eabaiaed by the employee. (q Any deduction requested by the emplwee to enable him to repay loans to or to purchase almost n credit waime spaded and operated in accordance with Federal turd State credit union statutes. (B) My deduction voluntarily wtlnxised b) the enpknee forthe making of contribution to goverrwaW or quaal- geneaeuW agencies, such a the American Red Cron. (b) Any deduction vohintr& authonad y the employer for the making of contributions to Commurdty dire, United riven Fund, and rattier charitable oganiurioea. () My deductions to pay regular onion initiation fees and membership dun, not mcldeg firm or special mmnmwst:: Provided. hnw.r, That a collective bargaining agreement between the contractor in subcostrrtse and repesenWive of its employers provides for such deductions ad the deductions re not otherwr prohibited by law. 0) My deduction not more than for the "rrawnabk sust"of board. kedging. .err other (acibt n meeting the ngvne- meurs of section 3(m) of the Fair Labor Standrd. Art of 19.78. se amended, and pmt 531 of this title. When path a deductnm is ad. the additional record required cider § 5162' (a) of this title .hall be kept. Section 3.6 Payroll deductions permiuible with the approved of the Secretary of Labor. Any wanlraclor or subcontractor may apply to the Secretary of Labor for peenwmon to make any deduction riot pa- mind under 1 35. The Secretary may town persimmon whenever he (red that; (a) the contractor, subeonlnetor, or my affiliated person does not make a profit or benefit directly or indirectly from the dedmetiom tither it the form of a comm.aion. dividend, or otherwise: (b) The deduction a nor otherwise prohibited by law; (c) The deduction is either (1) voluntarily conrnted to by the employee in writing and in advance of the period in which the wad is to he done and such consents not a condition either for the obtsimq of em plovment or its contisnsn", or (2) provided (01 11 a boa fork colkeiw bmpinuag apennent between the contractor or subcontractor and repraerntataw of its ampbyen. and (d) The deduction ever the eoavenhcoa and in of the employee. 1 25 1 I I 1 I 1 1 I 1 I 1 tint Sortion 3.7 Appllestbna for the approval of the Saetetary of Labor. Any appltcathon for the making of payroll ddrtiom under 13.6 alelf comply with the regmireawrrts pre.erikd in tic talc I ig pragryln of tic eclnn: (a) The applicaton shelf k in writing and drat be addrrned toIlea Selce" of Dior.. (b) The application shall identify the contract or contracts under which the work in question is to he pnfonned. Per. miankw will he given for dednttinns only oa aperife, identified contracts, ryrp upon .Sowing of eacepuonal cocmnmanres. (a) The application ehdl Mate affirmatively the think eamplunce with the eandrrds eej forth in the pro, m ore of 13.1 The effwmeon than be accompanied by .$I ""Manor .4the (us indicating such compliance. (d) The application shell include a deta.ptoo oldie lunpued deduction, tic pmrpa- to be avd thereby. and the alaaa of kbren or mrhrie from rlor wmgea the prmpemd deducton world be made. (a) The appl"ton dell rate the mine and ►miaenof any dried pwnon to whom any lands obtained from she pro - paid dsdrsetore an is beIranrnitied and the affdetiun of mart, peeme, if any, with the applicant. Section 3.5 Action by the Secretary of labor upon applications. The Seertry of labor ahalf decide whetherr not the requested dedotion S pnnwih under poviaiom of 1 3.6; and alelf notify the applicant o writing of his detiren. Section 3.9 Prohibited payroll deductions. Deductions not ekswkn provided for by this part and which an not found tobepenmianibk under 1 3.6 are 1wohibitvd. Section 3.10 Methods of payment of wags.. The payment of wages shall be by rash, negrkble lanes mi payable on demand, or eke additional torme of con,Imna. tie, for which dduetire in permissible under this pan. No other methods of payment .141 1. recognized on work subject to tic Copeland An. Section 3.11 Regulatbte part of contract. Al contracts rode with rnpeclto the construction, pnmeution, completion. or repair of any public building or public weak r►dlding or wk financed in whole or in pan by loco or grants from the United Stain coveted by 11w rgulatone in this pot dell expndy bind the contractor or wkrdrrtor to comply with such of the regulations in this pail as may be qv pkable. In this egad. an 13.5 (a) of thisabtitk. 26 HUD 4?38-S(R) Index of General Conditions Subject Section Subject Accident Prevention .................... 44 Additional Bond......... ........... . .. ... 30 Additional Instructions ................ 3 Allowances....................0........... * 36 Anti -Kickback Act ...................... 58. Apprentices ............................... 56. Architect's Authority .................. 35 Assignments.,,.., 0 ................ 0.,.,.. 31 Bond, Security ........................... 29 Bond, Security, additional ............ 30 Changes in Work ........................ 17 Claims for Extra Cost................. 22 Completion time ......................... 19 Complaints, Proceedings or Testisorq 62. Condition, Subsurface .................. 21 Conflicting Conditiorns ................. 41 Construction Schedule ................. 24 Contract Documents .................... I Contract Security ....................... 29 Contractor's Insurance................ 28 Contract Termination.................. 71. Contractor's Mutual Responsibility 32 Contractor's Obligations .............. 11 Claims and Disputes ................. 63. Contractor's Title to Materials...,. 6 Classifications Not Listed 0000.,,,... 59. Correction of \York ..................... 20 Damages. Liquidatedi................... 19 Data, Report. nrei Percy $i.........,. 15 Debarment Breach of Labor Standards 69. Debris Removal ......................... 37 Definitions ................................ 2 Detail Drawings ......................... 3 Different Subsurface ................... 21 Discrimination, employment......... 46 Drawings detail.......................... 3 Emergencies ............................. 13 * Employment Practices 0000....... 70. Equal Employment Opportunity.... 46 Estimated Quantities.... ............... 38 Extras...................................... 18 Final Payment ........................... 26 Guaranty, general....................... 40 Inspection•50•••S ••.s.ss.0••.0•.0••s. .. 14 Inspection of Materials................ 7 Insurance..........................0.000.. 28 Lands and Rights -of -Way............. 39 Legal Provisions, Implied............ 43 Liquidated damages .................... 19 Materials.............................000.. 5 Member of Congress................... 47 Minimum ages......................... 52 Non-discrimination in Employment 46 HUD -423$S (R) Section Notice and Service ...................... 42 Obligations of Contractor ............. 11 "Or Equal" Clause ...................... 8 Overtime Compensation ............... 55. Owner's right to terminate 0000....... 23 Patents ..................................... 9 Payment of Employees ............ ... 52 Payments by Contractor.......... ... 27 Payments to Contractor ............... 25 Payrolls and Records .,. 65, Periodic Estimates ..................... 24 Permits. Surveys, Regulations ...... 10 Photographs......... ...................... 50 Posting Minimum wage rates 000.0... 61. Prohibited Interests 0...0.........00.... 48 Protection of lives and health........ 44 Protection of work, property......... 13 Provisions required by law........... 43 Quantities of Estimate .................. 38 Questions Concerning Regulations.,,,, 64, Release of Contractor.................. 26 Removal of Debris ...................... 37 Reports. Records and Data........... 15 Responsibility of contractor.......... 32 Right of Owner to terminate.......... 23 Rights -of- \Vay............................ 39 Schedule of Construction 0.......0.00.. 24 Security .................................... 29 Separate contracts ...................... 33 Services, materials, facilities....... 5 Shop Drawings............................ 4 Specific Coverage,,,,,,,,,,,,,,,,,,,,,,,,e 66. Stated Allowances ....................... 36 Subcontracting............. .......... 34 and 45 Subcontractor's Insurance............ 28 Subcontractors Ineligible.............. 67. Substitute Bond........................... 30 Subsurface conditions .................. 21 Superintendence by contractor.,.,,,. 16 Surveys, permits ........................ 10 Suspension of work...................... 51 Termination of contract,........, 23 and 71 Testing of Materials .................... 7 Time for completion.................... 19 Title to materials ....................... 6 Use and Occupancy...................... 49 Use of Premises ......................... 37 Underpayments of Wages W ages, Minimum ........................ 52 Wage Underpayments ................... 51 Weather Conditions ..................... 12 Withholding of Payments .............. 53 • Anticipated Fringe Benefits.,...,... 54 • Employment Prohitited............... 57 • Fringe Benefits Not Expressed...,... 60 • Provisions to It Included....,.,,,,, 68 e• Attachment to Federal Labor Standards Provisions 27 II U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT wort (9666) 6) - SUPPLEMENTAL GENERAL CONDITIONS 1. Enumeration of Plans, Specifications and Addends 2. Stated Allowances 3. Special Hazards 4. Public Liability and Property Damage Insurance 5. Photographs of Project 6. Schedule of Minimum Hourly Wage Rates 7. Builder's Risk Insurance 8. Special Equal Opportunity Provisions 9. Certification of Compliance with Air and Water Acts 1O. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention I. ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA Following are the Plans, Specifications and Addenda which form a part of this contract, an set forth in Paragraph 1 of the General Conditions, "Contract and Contract Documents": DRAWINGS General Construction: Heating and Ventilating: Plumbing: Electrical: Nos, " SPECIFICA TIONS: General Construction: Page to , incl. Heating and Ventilating: " to incl. , Plumbing: " to , loci. Electrical: " to , incl. to Incl. to , Incl. ADDENDA: No. Date No. Date No. Date No. Date 2. STATED ALLOWANCES Pursuant to paragraph 36 of the General Conditions, the contractor shall include the following cash allowances in his proposal: (a) For (Page of Specifications) $ (b) For (Page _ of Specifications) $ (c) For (Page of Specifications) $ (d) For (Page of Specifications) $ (e) For (Page of Specifications) $ (f) For (Page of Specifications) S 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: 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 f.100.000. for in- juries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $ 300.000. on account of one accident, and Contractor's Property Damage Insurance in an amount not less than f 100,000. The Contractor shall either (1) require 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, or (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 will furnish photographs in the number, type, and stage as enumerated below: 6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY WAGE RATES AS RE- QUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS Given on Pages r and . 7. BUILDER'S RISK INSURANCE As provided in the General Conditions, paragraph 28(e), the Contractor will/will note maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the Insurable portions of the project for the benefit of the Owner, the Contractor, and all sub- contractors, as their interests may appear. *Strike out one. 11 3© 8. REVISIONS W GENERAL CONDITIONS HUD FORM 4238S A. Section 25, Payments to Contractor, Subparagraph (d) shall be deleted in its entirety and Subparagraph (a) is hereby revised to lead as follows: "Not later than the 15th day of each calendar month the owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this contract, but to insure the proper performance of this contract, the Owner shall retain (except where prohibited by state or local laws), ten percent (10%) of the amount of each estimate until final completion and acceptance of all work covered by this contract: Provided, that the Contractor shall submit his estimate not later than the firstly of the month; Provided, further, that the Owner at any time after fifty percent (50%) of the work has been completed, if it finds that satisfactory progress is being made, may make any of the remaining progress payments in full; Provided further, that on completion and acceptance of each separate building, public work, or other division of the contract, on which the price is stated separately in the contract, payment may be made in full, including retained percentages thereon, less authorized deductions". NOTE: See Bonding and Insurance Requirements relative to Arkansas laws. l' 9. SPECIAL CONDITIONS (Modify as Required) A. IEFINITIONS In addition to the Definitions as given in Section 2 of the General Conditions, whenever the words herein defined, or pronouns used in their stead, occur in this contract and documents, they shall have and are mutually understood to have the meanings herein given. The word "Otmer" shall mean the The word "Engineer" shall mean Consulting Engineers, who have been employed y the Owner for this work, or their duly authorized agents. The word "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized by the Engineer, limiting to the particular duties entrusted to him or them. Whenever the letters "A.S.T.M." are used, they shall mean the American Society for Testing Materials. The letters "A.W.W.A." shall mean the American Water Works Association. The letters "A.A.S.H.O." shall mean the American Association of State Highway Officials, The letters "NEMA" shall mean the National Electal Manufacturers Association. When the words "as ordered", "as directed", "as permitted", "as allowed", or words or phrases of like import are used, they shall be understood to mean that the order, direction, requirements, permission or allowance of the Owner and Engineer is intended. Similarly the words "approved", "reasonable","suitable", "acceptable", "properly", "satisfactory", or words of like effect and import, unless otherwise particularly specified herein, shall mean approved, reasonable, suitable, acceptable, proper, or satisfactory in the judgement of the Owner and Engineer. B. SCOPE, NATURE, AND INTENT OF CONTRACT, SPECIFICATIONS AND PLANS The said specifications and plans are intended to supplement, but not necessarily duplicate each other, and together constitute one complete set of specifications and plans, so that any work exhibited in the one and not in the other, shall be executed just as if it has been set forth in both, in order that the work shall be completed according to the complete design or designs as decided and determined by the Engineer. Should anything be omitted from the specifications and plans which is necessary to a clear understanding of the work, or should it appear various instructions are in conflict, then the Contractor shall secure written instructions from the Engineer before proceeding with the con- struction affected by such omission or discrepancies. It is understood and agreed that the work shall be performed and completed according to the true spirit, meaning, and intent of the contract, specifications and plans. II C. FIGURED DIMENSIONS TO GOVERN Figured dimensions, when given on the plans, shall be accurately followed, even though they differ from scaled measurements. No work shown on the plans, the dimensions of which are not figures shall be executed, until instructions have been obtained from the Engineer as to the dimensions to be used. Large scales and Hill size drawings shall be followed in preference to small scale drawings. D. CONTRACTOR TO CHECK PLANS AND SCHEDULES The Contractor is required to check all dimensions and quantities on the plans and schedules given to him by the Engineer, and shall notify the Engineer of any discrepancy between the plans and the conditions on the ground, or any error or omissions in the plans, or in the layout as given by stakes, points, or instructions, which he may discover in the course of the work. The Contractor will not be allowed to take advantage of any error or omission in the plans or contract documents, as full instructions will be furnished by the Engineer should error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified. E. STAKING THE WORK The work to be done will be staked out by the Engineer, and the Contractor shall be required to conform to the stakes as set by the Engineer, and to carefully preserve all stakes. F. INSPECTION As set out in Section 14 of the General Conditions, the project shall at all times be subject to inspection by representatives of the Department of Housing and Urban Development. Access and inspection shall also be provided for representatives of the Owner, the Public Health Service and the Arkansas State Department of Health. The Contractor shall provide proper facilities for such access and inspection. Unless otherwise directed by the Engineer, all work of a permanent nature which cannot be inspected after completion, shall be done in the presence of an Inspector. NO CONCRETE SHALL BE POURED UNLESS AN INSPECTOR IS PRESENT The Contractor shall notify the Engineer at least twenty-four hours in advance before concrete is to be poured. It shall be the duty of the Contractor to notify the Engineer in advance of the beginning of work after delays, shutdowns, change of work progress or change of location. The failure or neglect on the part of the Engineer or the Inspector to inspect, condemn or reject inferior materials or work shall not be construed to imply an acceptance of the same should inferiority become evident at any time prior to the final acceptance of the work by the Owner, or within the time limit of one year as set out in Section 40 of the General Conditions. The Engineer does not guarantee the performance of the contract by the Contractor, nor shall his inspection be construed as supervision of actual construction, nor make him responsible for providing a safe place for the performance of the work by the Contractor, or the Contractor's employees, or those of the suppliers, his subcontractors, nor for access, visits, use, work, travel or occupance by any person, as these responsibilities are covered under the provisions of this contract, the Contractor's in- '8urance and performance bond, and are not the responsibility of the Engineer. Where the provisions of safety, in any of its categories, are not being observed, and this condition comes to the attention of the Engineer or his representatives, the Engineer may require standard safety procedures to be initiated, but the requirement of these procedures does not constitute a guarantee by the Engineer as to their adequacy or the safety of the public. Where plants, buildings, or mass movement of earth is being undertaken, the Engineer will set such control lines and basic elevations as are required for the Contractor to make such unit or plant layouts as are required. When work is undertaken which requires a constant or generally intermittent checking of lines and elevations, the Contractor shall maintain such equip- ment and personnel as are essential to the actual prosecution of the work. In these instances, the final grades, alignment and dimensions are subject to the checking of the Engineer. G. PROTECTION OF PUBLIC UTILITIES The Contractor shall give reasonable notice to the owners of steam, gas, water, sewer and other pipe lines or conduits, overhead and underground wires or other structures, either public or private, railroads and other owners of property, when such property is liable to injury or damage by reason of the execution of the work, in order that the owner or owners of such utility or other property may remove or protect the same. If any owner or owners of public utilities liable to be affected, endangered or damaged by the construction of the work does not protect its or their property, then the Contractor must do so. The Contractor shall receive no compensation over the unit and lump sum prices specified in the bid for the completion of this contract, which prices shall cover every item of addi- tional cost for all the material and labor necessary to support, protect, or remove such tracks, pipes, conduits, overhead and underground wires, and structures, and other improvements, during the construction of said work across, under, over, along, or near the same. The Contractor shall satisfactorily shore, support, and protect any and all pipes, sewers and other structures, and shall be responsible for any damage resulting thereto. The Contractor shall not be entitled to any damages or extra pay on account of any postponement, interference, or delay caused by any such structures being on the line of the work, whether such structures are shown on the plans or not. I, H. SANITARY CONVENIENCES Sanitary conveniences, consistent with good health standards and decency shall be provided for the workmen. Such conveniences shall be approved by the local officials responsible for such standards. Such conveniences shall be maintained in good order and waste disposed of regularly and to the satisfaction of said official. The Contractor shall provide a safe drinking water for all workmen. The water shall come fradn a safe source approved by the State Department of Health. Water shall be delivered to workman through an approved water spigot or angle jet fountain, and the use of a common drinking cup will be prohibited. I. PRIVILEDGES OF CONTRACTORS IN STREETS The Contractor will be entitled to use such streets, alleys, roadways or parts of the streets and alleys as are necessary for the prosecution of the work. The use of such public thoroughfares shall be at the direction of the Engineer and in accordance with the provisions as expressed by him. The Contractor will take care to keep streets open for use whenever practi- cable; cross streets will be kept open whereever possible. The Contractor will notify the Fire Chief of the locality when a street is closed and shall again notify him when it is opened for traffic. In case no adequate detour can be provided, the Contractor will stand in readiness to provide a crossing in case of any emergency. 11 SUPPLEMENTAL GENERAL CONDITIONS SPECIAL EQUAL OPPORTUNITY PROVISIONS (Part 8) 1 1 I $. SPECIAL EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246, 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 Contracting 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 11246, 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. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Contrac- tor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department 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 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 portion of the sentence immediately pre- ceding paragraph (1) and the provisions of paragraph (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by 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 D. in the Provision of and 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 211 CFR Part 135, and any appli-. cable rules and orders of HUD issued thereunder. (2) The "Section 3 clause" set forth in 21 CFR 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 2!j CFR 135.20(b) A. The work to be performed under this contract is on a project assisted 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 1Ns, a amended, 12 U.B.C. 1701u. 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 wait In connection with the project be awarded to kuSneee eoncetna which an legated In. or awned In substantial part by par. sae ra idktg In the area of the project. D. The nsrtls to this contract will comply with the pravlelons of said sec- tion s and the regnlattar Issued pursu- ant thereto by the esetetary of Housing and Urban Development set forth In ins CPR —, and all anpllable rules and orders of the Department Issued then - under prior to the execution of this con- tract. The putt's t' this contract certify and agree that they an under no con- tractual or other disability which would prevent them from complying with these requirements. C. The eontnctor will send to each la- bor org+ntsatlon rr representative of workers with which he his a collective bargaining agreement or other contract or understanding. If any, a notice advis- ing the said la`or organisation or work- errenrnentative of his commitments under this section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for em'loyment or training. D. The contractor will Include this section 3 clause in evsry subcontract for work In connection with the project and will. at the direction of the applicant for or recipient of Federal financial as- stutance, take appropriate action ptrou ant to the subcontract upon a finding that the subcontractor I, in violation of regulations I'sued by the secretary of Housing and Urban Development. 24 CFR —. The contractor will not sub - contact with any subcontractor where It has notlro or knowledge 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 tint prodded it with a pre- liminary statement of ability to comply with the requirements of these restt- lations. E. Compliance with the provisions of section 3. th± regu1atlons set forth In 24 CPu —, ad ill 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 reclp- lent for such assistance. Its successors, and assigns. Failure to fulfill these re- quirements shall subject the applicant or recipient, its contractors and subcontrac- ton, its succnsors. and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal a olstance Is prodded, and to such sanctions as are specified by 24 CPR —.136 SUPPLEMENTAL GENERAL CONDITIONS CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Part 9) I II 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, 42 USC 1857 at seq., the Federal Water Pollution Control Act, as amended, t 33 USC 1251 at seq., and the regulations of the Environmental Protection Agency with respect thereto, at 4o 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 L:0 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of ' Section 1111 of the Clean Air Act, as amended, (lag 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. (4) Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) 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. I 1 1 1 1 1 1 1 1 1 1 SUPPLEMENTAL GENERAL CONDITIONS SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS AND ACCIDENT PREVENTION (Part 10) I 1O. SPECIAL CONDITIONS PERTAINING TO HAZARDS 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, 24 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 lances (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. 1 FEDERAL WAGE DECISION Federal Wage Decision No. AR -76-4132, with Modifications Nos. 1 and 2, is attached hereto. The wage rates shown shall be used on this project, for the different crafts shown. Payroll forms of the type attached shall be used in reporting wage information. The contractor shall complete the Payroll form each pay period and submit same to Mr. Don Grimes, City Manager, City of Fayetteville, Arkansas. Identification of the project, DHUD Grant Number and dates of pay periods should appear on each submittal. IME.r O. REGION VI Federal Building 1100 Commerce Street Dall.s. Texas 75202 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT , AREA OFFICE UNION NATIONAL BANK BUILDING, ONE UNION NATIONAL PLAZA LITTLE ROCK, ARKANSAS 77201 November 11, 1976 Honorable Marion Orton Mayor, City of Fayetteville P.O. Drawer F Fayetteville, Arkansas 72701 Dear Mayor Orton: Attached are two copies of Wage Federal Register July 23, 1976. 2 which appeared in the Federal applicable to your Fayetteville be incorporated in the contract bidders. Np` 196 IN REPLY REFER TO: 6.2FC B -75 -MC -05-0001 Fayetteville, Ark. Decision No. AR76-4132 which appeared in the Also attached are Modifications No. 1 and Register. This Decision and two Moficiations, Youth Center and Ridge House projects, should documents before release to prospective You will note on Modification No. 2 that Washington County is included with Sebastian and Crawford Counties. The Decision and the two Modifications should not be used for these contracts without contacting this office and requesting any current modification or a supersedeas decision. Ten days prior to bid opening date please contact Mrs. Polly Clawson, Wage Requirements Assistant, by telephone at 378-5939. Please review FMC 74-7, Attachment 0, to assure that contracting procedures are in compliance. If you have any questions on FMC 74-7 requirements, or on incorporating wage determinations, you may contact Mr. Bill Smith in the Community Planning and Development Division by telephone at 378-5868. If we can be of any' assistance in these matters please do not hesitate to call on us. Sincerely, /) Warren K. McLaury Director, Community Planning v� and Development Division Attachments cc: hr. J. E. McClelland/ Mr. Cyrus Sutherland at CI NOTICES O 4 4 ii.0 ��H n•K etKw'N u., ip •Y> 1i• r.•••r..I r..rNH OO V 04 MN O•14 ,Y •• It •• :• .� u Y Y N 0. 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(el {- 816 r .hLA &% N T- V". attl VALOwCwINM JFr1YMa NCTIM .1 N rcave ST*TRr TM YM fCMIM a.I•CP1171.5w NMIMI 5. ettyw•• C... rid taYOYS INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE This statement of compliance meets needs resulting from the amendment of the Davis - Bacon Act to include fringe benefits provisions- Under this amended law, the contractor is required to pay fringe benefits as predetermined by the Department of Labor. in addi- tion to payment of the minimum rates. The contractor's obligation to pay fringe benefits may be met by payment of the fringes to the various plans, funds, or programs or by mak- ing these payments to the employees as cash in lieu of fringes. The contractor should show on the face of his payroll all monies paid to the employees whether as basic rates or as cash in lieu of fringes. The contractor shall represent in the statement of compliance that he is paying to others fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions follow: Contractors who pay all required fringe benefits: A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor shall continue to show on the face of his payroU the basic cash hourly rate and overtime rate paid to his employees, just as he has always done. Such a contractor shall check pnragtaph 4(a) of the statement to indicate that he is also paying to approved plans, funds, or programs not less than the amount predetermined as fringe benefits for each craft. Any exception shall be noted in Section 4(c) Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee and insert in the straight time hourly rate column of his payroll an amount not less then the predetermined rate for each classification plus the amount of fringe benefits determined for each classi- fication in thr applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less then the sum of the basic predetermined rate, plus the half time premium on the basic or regular rate plus the required cash in lieu of fringes at the straight time rate. To simplify computation of overtime, it is suggested that the straight time basic rate and cash in lieu of fringes be separately staled in the hourly rate column. thus 53.25.'.40. In addition, the contractor shall check paragraph 4(b) of the statement to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c), Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less then the wage determination requires is obliged to pay the deficiency directly to the employees as cub in lieu of fringes. Any exceptions to Section 4(a) or 4(b), whichever the contractor may check, shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employees as cash in lieu or fringes, and the hourly amount paid to plans, funds, or programs at fringes. Page 2 of 2 DETAILED SPECIFICATIONS YOUTH CENTER RENOVATION FAYETTEVILLE, ARKANSAS Job No. 75-147 September 1976 1. SCOPE OF THE WORK. The work hereunder consists of furnishing all labor, tools, materials, equipment and supplies for the installation of make-up air units, louvres, piping, electric controls and wiring, and other ancil- lary equipment, for the control of humidity in the swimming pool building of the Youth Center, Fayetteville, Arkansas. All existing equipment, not to be used in the plan, shall be removed by the Contractor and stored at the direction of the Owner. A revision to the lighting system in the build- ing shall be bid as an additive alternate. 2. OWNER'S RIGHT TO REJECT BIDS. The Owner reserves the right to reject any and all bids, as deemed necessary and in his best interest. In the event the alternative bid for lighting exceeds the available funds for the project, the Owner may delete that portion, and hereby reserves such right. 3. SCHEDULE FOR WORK. The Youth Center will be closed between November 23, 1976 and December 31, 1976. It is hoped that a contract award may be made prior to the end of this period. It is highly desirable that as much work be performed under this contract during the period as possible, so that minimum interruption of the busy Youth Center schedule will occur. There- fore, even though it may be impossible to install the make-up air units, the Contractor is directed to perform all other work that is possible during the "closed" period. Such work would consist of hanging, welding and paint- ing gas supply pipe, hanging electric conduit and placing conductors, in- stalling control panels, installing intake louvres, and performing any other work for which supplies and equipment are readily available and the instal- lation of which would not interfere with the later portion of the project. Under this arrangement, the Youth Center program would be interrupted a minimum time. After the work described above is complete, and after all the remainder of the equipment is received, the swimming pool building will be closed again, to allow the contractor to finish the project. The actual time for closing the building shall be coordinated with the Youth Center Program Director. It is the intent herein that the already scheduled "closed" time shall be utilized by the Contractor to the fullest, so that the second "closed" time is minimized and thus is the least disruptive as possible. The calendar days for completion, as given in the Instructions to Contrac- tors, shall be calendar days as used in two phases, described above. No time will be charged against the Contractor between December 31, 1976 and the day he recommences his work after receipt of the total equipment requi for completion. IX -1 II' McCLELLAND CONSULTING ENGINEERS , INC The Contractor shall cooperate with the Engineer and the Owner's represent- ative in the above matters to the fullest extent. This section supercedes Paragraph 7 of the Detailed Mechanii which appears hereinafter. 4. TECHNICAL SPECIFICATIONS FOR THE WORK. Specifications for mechanical and electrical work follow these specifications, in two separate sections. These sections, with the accompanying plans, provide the technical infor- mation and directions for completing the project. 5. PROTECTION OF THE PREMISE. The Contractor shall safeguard the premise against damage during prosecution of the work. He shall also maintain a clean and orderly work area, in order to mimimize hazards to the public and to his employees. Every effort shall be made to prevent tools and debris from falling into the swimming pool. It shall be the contractor's respons- ibility to completely remove all foreign objects from the pool and the building at any time he must cease operations temporarily, or when the contract is complete. IX -2 IMcCLELLAND CONSULTING ENGINEERS , INC 1 I DETAILED MECHANICAL SPECIFICATIONS YOUTH CENTER RENOVATION FAYETTEVILLE, ARKANSAS Job No. 75-147 September, 1976 1. GENERAL CONDITIONS. The General Conditions, Supplementary General Con- ditions for Mechanical and Electrical Work and any other pertinent docu- ' ments issued by the Engineer shall apply to all work in this section whether attached hereto or not. ' 2. EXTENT OF WORK. The work under this section includes every item of labor, materials, devices and appurtenances for a complete heating and ventilating system, automatic temperature control, etc., entering into the Youth Center Renovation, Fayetteville, Arkansas. 3. GENERAL DIRECTIONS. Due to the small scale of the drawings it is not ' possible to indicate all offsets, fittings, etc., which may be required to meet such conditions. At the completion of the building this contractor is to show exact arrangement of piping and locations of valves, ducts, etc., on ' drawings furnished by the Engineer. 4. REGULATIONS, CERTIFICATES AND PERMITS. All work under this heading 1 shall be executed in strict accordance with laws, regulations and ordi- nances of the city of Fayetteville and the state of Arkansas. None of the terms or provisions of this specification shall be construed as waiving or ' cancelling any of the rules, regulations or requirements of the above auth- orities. The contractor shall procure and pay for all permits or licenses necessary for the carrying out of his work. ' 5. CODES AND STANDARDS. All materials and workmanship shall comply with all applicable codes, specifications, local ordinances, industry standards ' and utility company regulations. In case of difference between building codes, state laws, local ordinances, industry standards, utility company regulations and the Contract Documents, the most stringent shall govern. 6. VISIT SITE. This contractor shall visit the existing building before submitting a proposal on this work, and shall thoroughly familiarize him- ' self with the existing conditions and operations. Failure on his part to do this will not be cause for extras after the contract is signed by reason of unforeseen conditions. 7. SPECIAL CONDITIONS OF WORK. This contractor shall commence work in the building not before November 26, 1976, and shall finish all work by ' December 31, 1976, and turn the building over to the Owner on that date. This contractor shall confer with the Owner's representative to establish dates and times prior to November 26 which may be used by the contractor Ito do preliminary work, take measurements, etc., within the building dur- ing unoccupied hours. ' X-1 MCCLELLAND CONSULTING ENGINEERS , INC. I 1 1 1 1 1 1 I 1 1 1 8. PROTECTION. All work, fixtures, equipment and materials shall be pro- tected at all times. The contractor shall make good all damages caused either directly or indirectly by his workmen. Work shall be properly pro- tected to prevent obstruction or damage. Pipe openings shall be closed with caps or plugs during installation. Fixtures and equipment shall be tightly covered and protected against dirt, water, chemical or mechanical injury. At the final completion all work shall be thoroughly cleaned and delivered in a perfect unblemished condition. 9. EQUIPMENT REMOVAL. Existing heating equipment serving portions of the Youth Center shall be removed by this contractor and become the property of the Owner or the contractor as directed on the plans. Equipment removed by this contractor, but remaining the property of the Owner, shall be stored by the contractor in a place as directed by the Owner. Piping, valves, etc., shown to be removed shall become the property of the contractor unless specifically shown to be reused in new piping systems. 10. PIPING INSTALLATION a. The size of the pipes, as given on the plans are not to be decreased. b. The installation of the several mechanical and electrical trades are to be coordinated, each with the other so that maximum head room, proper clearances and accessibility are obtained. c. Piping must conform to the layout of the building, or when pitch is required shall be erected parallel to the axis of the building. d. Each apparatus or piece of equipment shall be installed with flanges or screwed unions between it and its shutoff valve. e. All piping shall be installed so as to allow for expansion using offsets, swing joints, etc., as shown, or as may be required to prevent undue strain on piping. 11. ANCHORS. Pipe lines shall be securely anchored in position where required to hold the pipe lines in a fixed position at selected points. Anchors shall be attached to the pipe lines and to the concrete and masonry construction in a manner suitable for the duty. 12. FLOOR. WALL AND CEILING PLATES a. Where exposed pipes pass through floors, finished walls or finished ceilings, they shall be fitted with chromium plated floor and ceiling plates not less than 3/32" thick. b. One piece plates or flat pattern hinge plates without set screws for wall and ceilings will be acceptable. Where it is necessary to cover heads of fittings, or exposed flashing pipe sleeves, special deep escut- cheons shall'be provided. 13. GAS PIPING a. This contractor shall provide gas service in accordance with the requirements of municipal or state regulations. X-2 LELLAND CONSULTING ENGINEERS , INC I I b. This contractor shall install a complete system of gas piping, to ' the various outlets as indicated on plans, complete with stop cocks, drip pockets, valves and other accessories that may be required to give proper and adequate service. c. Provide gas cocks in final connection to all equipment. Unions will not be permitted, except in final connections to equipment. Proper ' reducing fittings shall be used. Bushings will not be accepted. Gas piping in building shall be standard weight schedule 40 black steel pipe with mal- leable fittings, unless contractor wishes to weld all joints. Welding rod ' shall be of same material as piping. No bronze welding will be permitted. d. Cocks shall be made of semi -steel, screwed pattern, lubricated, ' Nordstrom No. 114 or equal for 1'" through 2" size. Cocks 2'" and larger shall be same as smaller cocks except with flanged ends, Nordstrom No. 115 or equal. ' e. Hangers for gas piping shall be Elcen Figure 10B split ring hanger with eye socket, threaded rod and Elcen Figure 29A clamp with locknut. If. Test gas piping with air pump and mercury gauge to pressure of 50 psig maintained for 20 minutes. ' 14. SHEET METAL (LOW PRESSURE) ' a. Sheet metal shall be fabricated reasonably air tight and light- proof and shall be substantially installed to be free of vibration and sags. Sheet metal generally shall be galvanized sheet metal. Pittsburg Lock 1 Machine, if used, shall be kept in first class working order with rollers properly maintained so that no excessive peeling off of galvanized coating on metal will occur. ' b. All sheet iron used in the construction of the air ducts for low pressure and grille thimbles shall be standard gauge galvanized as manufac- ' tured by Armco, Toncan, Youngstown, or approved equal. c. Sheet metal gauges, reinforcing joints, seams, etc., shall be as ' called for in the SMACNA Fourth Edition, 1969 "Low Velocity Duct Construc- tion Standards". ' 15. AIR ADJUSTMENT. After completion of the job, all air quantities of make-up air units and exhaust fans shall be adjusted to comply with those t shown on the plans and specifications. Pulleys shall be adjusted as re- quired and shall be replaced as required to provide proper air quantities. 16. CANVAS CONNECTIONS. On make-up air unit fan outside air connections ' provide 30 oz. woven glass fabric, double coated with Neoprene "Ventglas", or equal, canvas connections to give not less than 3" clear break between ' metalsjoined. 17. AIR LOUVERS. Intake air louvers shall be equal to American Warming & Ventilating, Inc., Type LW -P-1447 extruded stationary aluminum louver, fabricated from .081" thick 6063-T5 alloy aluminum. Blades shall be Type J and birdscreen shall be 1/2" mesh .047" diameter aluminum in an extruded ' X-3 McCLELLAND CONSULTING ENGINEERS , INC. 1 n I t aluminum frame mounted behind the louver. Finish shall be standard alumi- num mill finish. Frame sill shall be Type 3 with 1" extension lip. Louver size, location and mounting details shall be as shown on the draw- ings. 18. MAKE-UP AIR UNIT FLUE. Flue from make-up air units through the roof shall be Metalbestos, or equal, Type B, double wall metal flue pipe with Breidert top, flashing and counterflashing. 19. REVISIONS TO EXISTING WALL -MOUNTED EXHAUST FANS ' a. Existing wall -mounted propeller type exhaust fans, two (2) in quantity, which are mounted in the southwest wall of the Pool Area shall be cleaned and revised as hereinafter specified. b. Pressure actuated dampers shall be thoroughly cleaned, oiled and ' otherwise revised as required for proper operation. Fan motors, V -belts and motor drive pulley shall be removed and replaced. Motors and pulleys shall be removed and replaced. Motors and pulleys shall become the pro- perty of the Owner and be stored as directed by him. Replacement motors shall be of the same ratings as the existing motors; horsepower, RPM, voltage and phase shall be the same as the existing. Minimum motor service ' factor shall be 1.15 and motors shall be of the open drip -proof type with permanently lubricated bearings. Motors shall be General Electric, West- inghouse, U. S. Motors, or approved equal. c. Drive pulley shall be replaced with a variable pitch sheave pulley, sized such that fan revolutions may be adjusted to those allowed 1 by the existing fixed pulley or less. The V -belt should be properly sized for the new drive pulley and adjusted to proper tension. Id. Clean fan blades, frame, etc., and paint two coats of color to match existing. ' 20. MAKE-UP AIR UNITS a. Furnish and install as scheduled and as shown on the drawings ' Reznor Thermocore Model XJ horizontal forced make-up air furnaces factory designed with cabinet -enclosed blowers. Units shall be certified by the ' American Gas Association, Inc. b. Units shall have a cabinet of deep -coat baked enamel finish over rigid metal panels with factory applied interior insulation. Controls shall be accessible through a removable side panel. c. Burner system shall be dieformed, corrosion resistant burners ' with flanged ports for use with natural gas. System shall include bal- anced air injection, stainless steel shielded ignition carryover system, orifice for natural gas, lint -free pilot and controls and burner system components in pull-out drawer assembly. Heat exchanger shall be Type E-3 stainless steel with Venturi tube and integral side panels forming a sealed, welded duct for air stream. X-4 1 McCLELLAND CONSULTING ENGINEERS , INC. I 1 1 1 1 1 1 1 1 1 d. Furnace shall be equipped with an aluminized draft diverter with single vent at top for field installation of flue. e. Cabinet shall have grilled return air opening in bottom of unit, supply air discharge from front location and filter rack. Front discharge shall have louver frame with horizontal and vertical louvers. f. Burner controls shall include automatic relighting pilot, 100% system safety shut-off, manual main and pilot shut-off cocks and two -stage electronic burner modulation. g. Unit shall contain return and outside air mixing dampers less damper motor. Damper motor and control shall be by others. h. Electrical characteristics of blower motor shall be 230/1/60 with 120/24 volt transformer for controls. Controls shall include high limit, fan control, 24 volt gas valve and motor contactor. i. Blower system shall be two blowers mounted on a single shaft with a single motor connected by belt drive to that shaft. Supply motor, drive and belts for job conditions. j. Controls shall include high limit, high -fire light -off, dis- charge thermostat controller, fan control for interlock by others to provide continuous operation, 24 volt two -stage gas valve, motor contact- or and heating control relay on two (2) units. All controls shall be mounted and wired at the factory. Furnish two (2) heating two -stage thermostats for wall mounting each for control of two (2) units. Motor contactors shall contain 120 volt holding coils for blower control. k. Filters shall be 1" thick permanent type of the proper size, furnished by the contractor for field installation. 21. NON-CONDUCTIVE COVERING. Insulate outside air ducts on the interior with Owens-Corning Aeroflex Type 200, all -black, flexible duct liner 1'" thick. Install liner with adhesive and stic-klip fasteners secured by Miracle adhesive. 22. PAINTING. a. All exposed metals shall be painted finish coat to match adjac- ent finish. Existing exhaust fans, gas piping, ductwork, supports, roof support steel or any other metal installed or uncovered under this con- tract shall be painted. b. All surfaces shall be clean and free from dirt. All paint mat- erials shall be mixed and applied as directed by the manufacturer and shall be as follows: Primer, galvanized surfaces - Cook Permagrip metal primer. Primer, ferrous metals - Cook Armorcote zinc chromate primer. Wall paint - Stebbins & Roberts Super Masque Acrylic Latex. Metal paint - Cook Armocote enamel. I CLELLAND CONSULTING ENGINEERS , INC I 1 1 1 1 1 c. Final coat shall match adjacent finishes. 23. AUTOMATIC TEMPERATURE CONTROL. Furnish a Barber -Colman system of Series 8000 solid state and electric control devices for the heating and ventilating system, including all devices specified, shown on plans, and required for a complete and operating system. a. All control and interlock wiring and final connections required for the system shall be the responsibility of the Electrical contractor and shall be performed by electricians in the employ of the Electrical contractor. b. Wiring for controls and interlock wiring shall be in accordance with applicable codes. Wiring shall be color coded and installed in con- duit. c. After completion of installation, the automatic control sub -con- tractor shall regulate and adjust all thermostats, control actuators, solid state controllers and other devices subject to approval of Engineer. d. Sequence of Operation (1) Four unit heater fans are controlled from a 3 -position selector switch at control panel located in the Director's Office. Selector Switch Position 1 Units are Off " " " 2 Units 1 & 2 Operate " 3 Units 1, 2, 3 & 4 Operate (2) Each unit has a built-in minimum temperature discharge air controller which cycles the gas valve when fan is operating. Each of 2 units (1 & 2) and (3 & 4) has 1 override room thermostat each, which maintains thermostat setting. (Override room thermostats furnished with U.H.) (3) A proportioning room humidistat set on 50% will control the outside and return air dampers on any one of the 4 units which has the fan operating. If room temperature falls below 70° a room thermostat will override the humidistat and proportion close the outside air dampers. (4) A minimum position switch at the control panel will not per- mit the outside air dampers from closing more than its minimum setting. A Ventilation -Auto switch (at control panel) when in ventilation position will permit the outside air dampers to open 100% if desired. (5) Exhaust Fan 1 operates when unit heaters 1 and 2 outside air dampers are in full open position. Exhaust Fan 2 operates when unit heaters 3 and 4 outside air dampers are in full open position. When fans are off the burner circuit will be de -energized and outside air dampers will be closed. (6) Furnish thermostat guards for all room thermostats and humidistats. Electrical control items utilized in the preceding control system descriptions shall be equal to the following: x-6 CLELLAND CONSULTING ENGINEERS , INC e. Damper Operators (Proportioning). Barber -Colman Series MP heavy duty oil immersed gear tram actuator, 120 volt. f. Thermostat (Proportioning). Barber -Colman solid state room controller Model TP-8101. Range 55 deg. to 85 deg. with thermometer. g. Solid State Drive for Valve and Damper Actuators. Barber -Colman Model CP-8301. h. Humidity Sensing Element (Controlling). Barber -Colman Model HS -8101 room type element, range forty (40) percent to fifty-five (55) percent relative humidity. i. Twisted Wire for B -C System 8000. 3 conductor, red, yellow and blue, size 18 solid TC, 600 voltage insulation. j. Control Panel Cabinet. Barber -Colman Model SYZE with hinged door, 16 gauge steel cabinet with knockouts for conduit. Entire assembly to have beige finish. Furnish and install a pre -wired control cabinet for air units. Control cabinet contains all transformers, relays and terminal connections for control system. An engraved name plate identifies control panel. k. Control Diagram. This contractor shall furnish an electrical con- trol and interlock diagram for the control of the systems to the Engineer for approval before installing. A copy of the approved diagram shall be suitably framed and mounted under glass in an accessible position at the equipment location. 24. INSTRUCTIONS OF OWNER'S REPRESENTATIVE. The contractor shall instruct the Owner's representative in the proper operation and maintenance of all equipment. 25. REMOVAL OF RUBBISH. This contractor shall remove his rubbish from building site at intervals and shall maintain the spaces allotted him in an orderly manner. On completing his work, and prior to submission of final estimate, he shall remove all tools, appliances, material and rubbish from the grounds. 26. AS -BUILT DRAWINGS. The contractor shall, during the progress of the work, keep an accurate record of all changes and corrections from the lay- outs shown on the drawings. Record of changes may be kept by accurately making all changes on a set of prints during the progress of the job. Exact location of all underground utility mains as well as all valves, etc., which will be concealed in the finished work shall be accurately indicated on the drawings by measured distances. Upon completion of the work and prior to final payment, the contractor shall furnish to the Owner one set of "as - built" prints, legibly and accurately marked to indicate all changes, addi- tions, deletions, etc., from the Contract Drawings. 27. MAINTENANCE MANUALS. The contractor shall provide two sets in hard back loose-leaf binders of a compilation of catalog data of each manu- factured item of equipment used in the mechanical work and shall present X-7 I�' MCCLELLAND CONSULTING ENGINEERS , INC this compilation to the Engineer for transmittal to the Owner before final payment is made. In each maintenance catalog shall be provided a complete set of submittals on all mechanical equipment, descriptive data, installa- tion data, operating instructions, parts lists and maintenance instructions. a. A complete double index shall be provided: (1) Listing the pro- ducts alphabetically by name and (2) Listing the names of manufacturers of mechanical products alphabetically with their addresses and names and addresses of the local sales representatives. 28. GUARANTEE a. The work herein specified shall be free from defects in workmanship and material under normal use and service. If, within twelve (12) months from date of substantial completion of the work herein described, any of the equipment or materials, or the intallation thereof, is found to be defective in workmanship or material, it shall be replaced or repaired free of charge. b. The contractor shall, after completion of the original test of the installation, and acceptance by the Engineer, provide any service incidental to the proper performance of the ventilating, heating and control systems under guarantees outlined above for a period of one (1) year. 29. FINALLY. It is the intention that this specification shall provide a complete installation except as hereinbefore specifically excepted. All accessory construction and apparatus necessary or advantageous in the op- eration and testing of the work shall be included. The omission of spec- ific reference to any part of the work necessary for such complete installa- tion shall not be interpreted as relieving this contractor from furnishing and installing such parts. X-8 McCLELLAND CONSULTING ENGINEERS , INC 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DETAILED ELECTRICAL SPECIFICATIONS YOUTH CENTER RENOVATION FAYETTEVILLE, ARKANSAS Job No. 75-147 September, 1976 1. GENERAL CONDITIONS. The General Conditions, Supplementary General Con- ditions for Mechanical and Electrical Work and any other pertinent docu- ments issued by the Engineer shall apply to all work in this section whether attached hereto or not. 2. SCOPE OF WORK a. Work shall include metal raceway, wire, wiring devices, fixtures, panels, switches, etc., for lighting and power. b. Work to be complete from points of service to each outlet shown on plans or herein specified with all accessory construction as may be herein itemized or required to make entire installation complete and ready for service. c. All work interrupting the electric service shall be accomplished at a time scheduled in coordination with the Owner. 3. VISIT SITE. This contractor shall visit the building before submitting a proposal on this work, and shall thoroughly familiarize himself with the existing conditions and operations. Failure on his part to do this will not be cause for extras after the contract is signed, by reason of unfore- seen conditions. 4. TYPE OF CONSTRUCTION. All wiring shall be in continuous metal raceways consisting of conduit, boxes, cabinets, etc. 5. CHARACTER OF SERVICE. Secondary service available at existing main dis- connect switch is 120/240 volt, single phase, 3 wire, 60 Hertz, A.C. 6. PAYMENT OF FEES. Pay all fees, licenses, permits, inspections, etc., incurred in obtaining services and installing work and deliver to Owner at completion of job all permits, inspection approvals, etc. 7. LAWS AND ORDINANCES. Plans and specifications are regarded as minimum requirements. Contractor shall further comply with all local and state requirements and with N.E.C. and N.F.P.A. standards. 8. SPECIAL CONDITIONS OF WORK. This contractor shall commence work in the building not before November 26, 1976, and shall finish all work by December 31, 1976, and turn the building over to the Owner on that date. This contractor shall confer with the Owner's representative to establish dates and times prior to November 26 which may be used by the contractor to do preliminary work, take measurements, etc., within the building dur- ing unoccupied hours. XI -1 CLELLANO CONSULTING ENGINEERS , INC 9. LIGHTING BRANCH PANEL a. Panel shall be of the thermal -magnetic, ambient compensated, quick - lag circuit breaker type, 3 wire, single phase, 120/240 volt, main breaker (see drawings), solid neutral, mains as indicated on drawings, set in surface mounted cabinet. Circuit breakers shown in schedule on plans, include spares. Two (2) pole breakers shall be common trip (handle ties will not be permitted). b. The assembled panelboard shall be fastened to cabinet by adjustable supports to provide for proper alignment. Panel shall be Square "D" "NQOB", or approved equal for 120/240 volt, single phase, 3W. c. Fronts shall be code gauge stretcher leveled sheet metal with trim of proper width. Door to be hinged to trim with concealed hinges and pro- vided with flush type combination latch and lock. Front shall be provided with prime coat and field painted two coats enamel to match adjoining fin- ish. d. A typewritten directory of circuits shall be provided in frame on inside of door. 10. PULL BOXES a. Shall be provided at points shown on plans or required to over- come mechanical difficulties due to arrangement of runs or the fixed char- acteristics of the building construction. b. No runs of over 100 feet shall be made without the use of a pull box. 11. DISCONNECT SWITCHES. Provide disconnect switches where shown on draw- ings. Switches shall be 240 volt, type "HD", heavy duty enclosure (Type NEMA 1) or raintight (Type NEMA 3R), and sized as indicated on the draw- ings. Switches shall be Square "D" or approved equal. 12. FUSES. Fuses for motor circuit protection shall be of size shown and shall be Bussmann Mfg. Co. "Fusetrons" or equal cartridge fuses of the delayed action combination thermal cut-out and fuse. 13. CONDUIT a. All conduit for single phase motors shall be threadless thinwall conduit galvanized or sherardized both inside and out, and not less than 3/4" diameter. b. Couplings and connectors for use with thinwall threadless conduit shall be galvanized steel watertight type with hexagonal nuts similar and equal to T & B #5220 and #5221. c. All conduit installed in concrete floor and walls or in ground shall be rigid, threaded ends, galvanized or sherardized both inside and out and not less than 3/4" diameter. XI -2 McCLELLAND CONSULTING ENGINEERS , INC d. All conduit for panel feeders shall be heavy wall, rigid, threaded ends, galvanized or sherardized both inside and out. e. No all -thread nipples are to be used on any work. f. Provide "Greenfield" flexible conduit at final connection to all motors and moving electrical equipment. g. Provide polyvinyl chloride covered flexible steel conduit, Anaconda "Sealtite" at final connection to all motors and moving electri- cal equipment in Mechanical Room and in damp locations. Furnish approved fittings. Provide ground jumpers across all flexible conduit. h. All threaded conduit shall be secured to boxes, cabinets, panels, etc., by means of threaded bushing on inside and locknutted on box exterior. i. Conduits placed in structural slabs shall not exceed 1/2 thick- ness of slab. 14. OUTLET BOXES a. All outlet boxes shall be pressed steel sherardized or galvanized of suitable form for various outlets. b. Boxes for concealed work shall be provided with galvanized ex- tension rings or plaster covers to bring same flush with finish. c. Boxes for masonry walls to be Raco #571, #575, etc., masonry box, width and depth as required by device and conductors. d. Boxes for metal and wood stud walls to be Raco #126, #166, etc., 4" octagon box with accessory brackets as required. Box to have depth as required by conductors. Gang boxes to be Raco #941, #942, etc., width and depth as required by device and conductors. e. Outlet boxes in furred ceilings shall be deep boxes with conduits for horizontal run connections entering from sides; box to be Raco #166, #167, etc., four inch (4") octagon box. f. All ceiling outlet boxes shall be provided with "no -bolt" lock - nutted type fixture studs. 15. WIRE AND CABLE a. All wire and cable for feeders, single phase motor feeders and lighting circuits shall be copper conductors, Type THW, code grade, 600 volt and color coded. b. All power wiring shall not be less than #12 AWG. On branch cir- cuits where the distance from the panelboard to the first outlet exceeds 50 feet, the minimum size wire shall be #10 AWG. All wire shall be Anaconda, Triangle, Hazard, or approved equal. All wire #10 AWG and #12 AWG shall be solid, soft drawn copper conductors. XI -3 IL McCLELLAND CONSULTING ENGINEERS , INC 1 c. All conductors #8 and larger shall be stranded using solder or bolted lugs at terminals. 16. WIRING OF MECHANICAL EQUIPMENT a. The Electrical contractor shall furnish and install all power wiring, as shown on drawings. He shall wire from switches to starters, thence to motor. All starters shall be mounted and installed by this con- tractor. All starters shown on drawings shall be furnished by this con- tractor. b. Electrical contractor shall be responsible for checking all release and holding coils in starters and notify contractor furnishing same if any changes are necessary for successful operation of all equipment as far as electrical maintenance is concerned. 17. ELECTRICAL CONNECTION FOR TEMPERATURE CONTROLS a. This contractor shall furnish and install all conduit and wire for temperature control system as shown on drawings. The 3 conductor twisted wire shall be furnished and installed by the Temperature Control contractor. b. The Electrical contractor shall closely coordinate with the Temperature Control contractor the installation of wire in conduit. Final connections of all wiring shall be by the Electrical contractor. 18. WORKMANSHIP a. Contractor shall have his choice as to location of conduits, pull boxes, etc., providing same do not interfere with other piping or fixtures, and further same do not interfere with determined features of the building. In case of such interference, the Engineer shall decide. b. Contractor shall install his work in structure as work progresses without delaying other trades unduly. He shall furnish sufficient labor or shall work overtime as required by the Engineer to accomplish this end. No cutting of structural concrete or steel will be permitted without written approval of the Engineer. c. All work installed underground shall be made watertight. d. No open knockouts shall be left in any part of the work. e. All conduits shall be swabbed out before any wires are pulled. f. All exposed work shall be run rectilinear with building construc- tion using concentric bends. g. Bends in conduit shall be made without use of heat and shall be free from kinks or flattened surfaces. h. Contractor shall splice all wires so as to give the arrangement of cir- cuits indicated on plans, soldering all connections. Where required furnish separate soldered joint pigtails for the connection of fixtures. All joints shall, after being soldered, be insulated with rubber and friction tapes and XI -4 III MCCLELLANO CONSULTING ENGINEERS , INC 1 joint sealing compound. Contractor may use solderless pressure connectors in lieu of soldering connections. Scotchlok, wire nuts and screw on type pressure connectors shall not be approved. 19. GROUNDING. All metal raceway systems, including cabinets, conduit and boxes, shall be grounded to water pipe in accordance with N.E.C. 20. PAINTING a. All exposed metals shall be painted finish coat to match adjacent finish. Existing panelboards, disconnect switches, conduit, or any other metal installed or uncovered under this contract shall be painted. b. All surfaces shall be clean and free from dirt. All paint mat- erials shall be mixed and applied as directed by the manufacturer and shall be as follows: Primer, galvanized surfaces - Cook Permagrip metal primer. Primer, ferrous metals - Cook Armorcote zinc chromate primer. Wall paint - Stebbins & Roberts Super Masque Acrylic Latex. Metal paint - Cook Armorcote enamel. c. Final coat shall match adjacent finishes. 21. REMOVAL OF RUBBISH. Contractor shall remove his rubbish from build- ing site at intervals and shall maintain the spaces allotted him in an orderly manner. On completing his work, and prior to submission of final estimate, he shall remove all tools, appliances, material and rubbish from the grounds. 22. AS -BUILT DRAWINGS. The contractor changes in the routing of conduits and tractor shall furnish to the Engineer marked to indicate all changes made in shall also show the panelboard circuit cuit is connected. shall keep an accurate record of aLl upon completion of the work the con - a set of the electrical drawings the work. On these drawings he number to which each electric cir- 23. GUARANTY. This contractor shall guarantee all above labor and mater- ial furnished under this contract for a period of one year from date of final acceptance and shall repair or replace any defects occurring during this period without cost to the Owner and to the complete satisfaction of the Engineer. 24. TESTS. The entire system upon completion shall be "meggered" for faults in accordance with approved methods approved by I.E.E.E. This test shall be in the presence of a representative of the Engineer. 25. FIXTURES a. Electrical contractor shall furnish and install complete with lamps all fixtures described on drawings. It is the intent of these spec- ifications to cover all outlets shown on plans with fixtures and lamps. b. All fixtures shall be guaranteed for a period of one year after final acceptance and any defects in material or workmanship occurring XI -5 II' MCCLELLANG CONSULTING ENGINEERS , INC during this period shall be replaced or repaired to the Engineer's satis- faction, without cost to the Owner. 26. LAMPS. Lamps shall be General Electric or approved equal. 27. FINALLY. It is the intention that these specifications shall provide a complete installation except as herein specifically excepted. All acces- sory construction and apparatus necessary or advantageous in the operation or testing of the work shall be included. The omission of specific refer- ence to any part of the work necessary for such complete installation shall not be interpreted as relieving the contractor from furnishing and install- ing such parts. XI -6 CLELLAND CONSULTING ENGINEERS , INC