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HomeMy WebLinkAbout98-79 RESOLUTION3 RESOLUTION NO. atg-`]9 A RESOLUTION AUTHORIZING THE AWARD OF CONSTRUCTION CONTRACTS FOR THE PAVING OF SLIGO, SYCAMORE, AND KENWOOD ADDITION STREETS, AND THE INSTALLATION OF SIDEWALKS ON GARLAND AVENUE AND ON SIXTH AND SEVENTH STREETS. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: C EC' L`1I fin4 That the Mayor and City Clerk are hereby authorized and directed to execute constracts with Jerry D. Sweetser, Inc. and McClinton -Anchor, Inc. for the paving of Sligo, Sycamore, and Kenwood Addition Streets and the installation of sidewalks on Garland Avenue and on Sixth and Seventh Streets. A copy of the contracts authorized for execution hereby are attached hereto, marked Exhibits "A" and "B", and made a part hereof. PASSED AND APPROVED this 1979. ATTEST `GIT LERK =c /(PT`' day of C5/C t JI_ APPROVED: 5ee t(11 WIS /DN -v MAYOR MICROFILMED DATE FEB 2 5 1980 REEL MICROFILMED r � Z DA T4 PN 3 AO O. T. WILLIAMS. JR. 1. CARL YATES Re: REEL MCGOODWIN, WILLIAMS AND YATES, INC. CONSULTING ENGINEERS FAYETTEVILLE. ARKANSAS November 29, 1979 Insurance Certificate McClinton -Anchor Contract Plans No. Fy-70 Mr. Donald L. Grimes City Manager City of Fayetteville Drawer F Fayetteville, Arkansas Dear Mr. Grimes: 'I1 J..‘12.-- 10EVCj 909 ROLLING HILLS DRIVE FAYETTEVILLE. ARK. 72701 TELEPHONE 4433404 The insurance listed on the Certificates of Insurance furnished by McClinton -Anchor for the Street and Drainage Improvements project will expire December 1, 1979. Enclosed is the city's copy of a new certificate listing policies to expire December 1, 1982. This certificate may be inserted in the insurance pocket just inside the front cover of the contract specifications. By copy of this letter we are forwarding two copies of this certificate to Mr. Mason, Community Development and Housing, for his contract copies. CRN:jr cc/enc: Mr. Richard E. Mason Cdially, Charles R. Nickle Tiflis is to «Lcrfift, to INSURANCE COMPANY OF NORTH AMERICA CERTIFICATE OF INSURANCE [City of Fayetteville & P.O. Drawer F Fayetteville, AR 72701 Goodwin, Williams Yates 909 Rolling Hills Dr. Fayetteville, AR 72701 J that the following described policy or policies, providing insurance only for hazards checked by "X" below, have been issued to: McClinton -Anchor Co, P.O. Box 1367 Fayetteville, AR 72701 covering in accordance with the terms thereof, at the following location(s): Name and Address of Insured— Contractual Footnote: Subject to all the policy terms applicable, specific contractual liability coverage is provided as respects 0 a contract / 0 purchase order agreements /. ❑ all contracts (check applicable .blocks) between the Insured and: - Name of Other Party' Dated (if applicable): Contract No (if any) Description for Job)- DHUD #7701 -ST - Street & Drainage Improvement It is the intention of the company that in the event of cancelation of the ' policy or policies by the company, ten (10) days' written notice of such cancelation will be given to you at the address stated above. LC -354d Ik,//1,,SURANC,E ,CO^MPPANY OF RTH AMERICA -:-"Lc ( `� W " .-- 1. ORIGINAL • A thorized Representative (OVER) TYPE OF POLICY HAZARDS POLICY HUMBER POLICY PERIOD LIMITS OF LIABILITY (a) Standard Compensation Employers Workmen's Liability & RSC -C14840953 12-1-79/80 & Renewals thereof to 12-1-82 Statutory W. C. $ 500,000 One Accident and Aggregate Disease © - (b) 2 > m Independent scribed General Premises "Incidental on reverse Elevators Completed Contractual, in - Liability Operations, Contracts" of this Contractors Operations/Products (Specific footnote (Including as defined form) type as de- below) - LAB 2 52 16 CAL 22 60 25 12-1-79/80 & Renewals thereof to 12-1-82 $ Each Person $ 1,000,000 Each 0 Accident El Occurrence $2,000,000 Aggregate—Completed Operations/Products x X x X Q $ 1,000,000 Each R $ 2,000,000 Aggregate—Prem./Oper. $ 2,000,000 Aggregate—Protective S2,000,000 Aggregate—Completed Operations/Products $ 2,000,000 . -Aggregate--Contractual Accident Occurrence 12-1-79/80 & Renewals thereof to 12-1-82 LAB 2 52 16 CAL 22 60 25 Premises Operations, (Including "Incidental Contracts" as defined 0 on reverse of this form) EElevators o` > Independent Contractors GI o Completed Operations/Productsx i Contractual, (Specific type as de- scribed in footnote below) ., X X X c� m (c) Automobile -Liability. Owned Automobiles Hired Automobiles . 2 52 16 CAL 22 60 25 12-1=79/80' & Renewals thereof to 12-1-82 $ Each -Person ---- ❑ Accident $ 1,000,000 Each ® Occurrence rilLAB — x x Non -owned Automobiles $ 1,000,000 Each Q Accident 1 Occurrence LAB 2 52 16 CAL 22 60 25 12-1-79/80 & Renewals thereof • to 12 182 Owned Automobiles `o of Hired Automobiles aBNon-owned Automobiles M x (d) Contractual Footnote: Subject to all the policy terms applicable, specific contractual liability coverage is provided as respects 0 a contract / 0 purchase order agreements /. ❑ all contracts (check applicable .blocks) between the Insured and: - Name of Other Party' Dated (if applicable): Contract No (if any) Description for Job)- DHUD #7701 -ST - Street & Drainage Improvement It is the intention of the company that in the event of cancelation of the ' policy or policies by the company, ten (10) days' written notice of such cancelation will be given to you at the address stated above. LC -354d Ik,//1,,SURANC,E ,CO^MPPANY OF RTH AMERICA -:-"Lc ( `� W " .-- 1. ORIGINAL • A thorized Representative (OVER) 133M1S 1 1 1 1 1 1 1 1 G 1 1 1 1 1 1 1 1 j CONTRACT - CITY ALL CONTRACT SECTIONS MICROFILMtD SPECIFICATIONS DATE OECJb19;3 REEL STREET AND DRAINAGE IMPROVEMENTS Community Development Block Grant Program City of Fayetteville, Arkansas DHUD Project No. 7701 -ST Plans Na Fy-70 Dated September 1979 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas 33 of paMauab 01 patauaa X08 -ZZ -OI 6L-1-zl 6L -t -Z1 6L -1 -Zi ale0 uolleutdx3 1 Alltlgel-1 saaaut6u3/s,aauMO Al!llger' teuaua0 Alltlgell attgowolnV uotlesuadwo3 s,uawjuoM adAl (NOH3NV-N0INI13OW).111 DIV 11 SI101133S 13tl211NO3 08-hZ-0I 08-0£-0l 08-0£-01 08-47Z-01 ale0 uotleildx3 Allttget-I s,iaaul6u3/s,uauMO Alltigenl leiaua0 Antigen atigowo3nV uo!lesuadwo3 s,uaw)uoM adAl (1t3S133MS).Al.ONV I SNO1133S 13Vl1NO3 1 33NVU(ISN1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1, 1 1 PaPPV sAea lunowV.42? 1P03. palsnfpv IL lunowV,loealuo3 ul uolloas -oN aseaJoa0 JO aseauoul loealuo3 S W3 611.0..3.9:N.V.H 3 ADDENDUM NO. 1 STREET AND DRAINAGE IMPROVEMENTS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FAYETTEVILLE, ARKANSAS DHUD Project No. 7701 -ST - Plans No. Fy-70 The specifications on the Street and Drainage Improvements project are changed as follows. A. Contract Section I: The Garland Street sidewalk portion of this Contract Section is hereby declared to be a Deductive Alternate. If the Owner elects to accept the Deductive Alternate (thereby deleting the Garland Street sidewalk from the project), then the Bid items shall be adjusted as follows. (The Engineer will complete this calculation by inserting the bidders' quotationsfor each of the various items of work.) Item Amount of No. Description, Quantity and Price Bid Deduction 1. Omit Site Preparation, Garland Street Sidewalk $ 4. Deduct 775 Square Yards Nonreinforced Portland Cement Concrete Sidewalks @ $ per S.Y. $ 10. Deduct 1,200 Square Yards Topsoil, Seeding, Fertilizing and Mulching @ $ per S.Y. $ Total Amount to Be Deducted from Bid $ Total Bid price of $ , less value of Deductive Alternate of $ , equals adjusted Bid amount of $ B. Contract Section III: 1 On page 5-2b of the Contract Section III portion of the Bid, Item No. 8 as described is deleted and redescribed as follows. Item Estimated No. Quantity Description of Item 8. 325 Square Yards Nonreinforced Portland Cement Concrete for the construction of sidewalks and driveway turnouts and repair, complete in place Page 1 of 2 pages B. Contract Section 111 (Continued): 2. On page 17-23, the first sentence of Item No. 8 is deleted and replaced with the following. "Item No. 8 - Nonreinforced Portland Cement Concrete for the Construction of Sidewalks and Driveway Turnouts and Repair. Payment will be made for the furnishing and placement of nonreinforced Portland cement concrete for the construction of sidewalks and driveway turnouts and repair, a min- imum of 4 inches or 6 inches as required by the plans, in accordance with the price bid per square yard, complete in place." Bidders shall acknowledge receipt of this addendum on pages 5-1 (Contract Section 1) and 5 -lb (Contract Section III) of the Bid documents. October 3, 1979 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas Page 2 of 2 pages SPECIFICATIONS STREET AND DRAINAGE IMPROVEMENTS Community Development Block Grant Program City of Fayetteville, Arkansas DHUD Project No. 7701 -ST Plans No. Fy-70 Dated September 1979 McGoodv in, Williams and Yates, Inc Consulting Engineers Fayetteville, Arkansas 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS Page No. Advertisement for Bids 1-1 Information for Bidders -- 2-1 Supplement to Information for Bidders 2-5 Department of Housing and Urban Development Forms *Certification of Bidder Regarding Equal Employment Opportunity - 3-1 Certification of Proposed Subcontractor Regarding Equal Employment Opportunity 3-2 *Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements - 3-3 Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements 3-5 Certificate of Owner's Attorney 3-7 **Bid Bond 3-8 Minimum Wage Rates, Federal and State 4-1 Bids for Unit Price Contracts Contract Section I - Sidewalks 5-1 Contract Section II - Street Construction - Kenwood Addition 5 -la Contract Section III - Street Construction - Sligo Street 5 -lb Contract Section IV - Street Construction - Sycamore Street 5 -lc Contract 6-1 Performance Bond Payment Bond 7-1 7-3 General Conditions 8-1 Index to General Conditions 8-27 Supplemental General Conditions 8-28 Special Conditions 8-35 Federal Labor Standard Provisions 8-40 General Specifications Street and Drainage Improvements 16-1 Detailed Specifications 1. Scope of the Work 17-1 2. General Specifications 17-2 *Pages 3-1, 3-3 and 3-4 are to be filled in and submitted with bid. **Bid bond to be used if bond is submitted as bid security rather than cash or certified check. Extra copy provided. Table of Contents - 1 Page No. 3. Completion Time and Liquidated Damages 17-2 4. Safety and Health Regulations and Contract Requirements 17-2 5. Quality of the Plans 17-3 6. Elevation Data 17-3 7. Lands and Rights of Way 17-3 8. Continuing Responsibility of Contractor 17-3 9. Payment 17-3 10. Payment for Extra Work 17-3 11. Notice to Proceed 17-4 12. Provisions for Competitive Bidding 17-4 13. Utility Services 17-4 14. Source of Supply 17-4 15. Samples and Tests 17-4 16. Sequence of the Work 17-5 17. Materials of Construction A. General 17-6 B . Crushed Stone Base 17-6 C. Prime and Tack Coats 17-6 D . Asphaltic Concrete Hot -Mix Surface Course 17-6 E . Portland Cement Concrete 17-6 F. Reinforcing Steel 17-6 G . Fencing 17-6 H. Reinforced Concrete Pipe 17-6 I. Topsoil 17-6 J . Seed 17-7 K. Straw Mulch 17-7 L . Subgrade Material 17-7 M. Cast Iron Castings 17-7 N . Rock Riprap 17-7 O . Pipe Underdrain and Special Bedding 17-7 P . Solid Sod 17-7 Q. Storm Inlet Grating 17-7 R. Expansion Joint Material 17-8 S. Handrails 17-8 T. Paint for Handrails, Grating & Storm Sewer Manhole Covers 17-8 18. Street and Drainage Structure Construction A. General 17-9 B . Sequence of the Work 17-9 C. Site Preparation (1) Contract Section I - Sidewalks 17-9 (2) Contract Section II - Street Construction - Kenwood Addition 17-10 (3) Contract Section III - Street Construction - Sligo Street 17-11 (4) Contract Section IV - Street Construction - Sycamore Street 17-11 D . Clearing and Grubbing 17-11 E . Stripping 17-11 F. Excavation and Embankment 17-12 G . Soil Testing 17-12 Table of Contents - 2 Page No. H. Removal and Disposal of Structures 17-12 I. Removing Old Culverts 17-12 J . Fence Removed and Reconstructed 17-12 K. Shaping and Widening Roadway Section 17-13 L . Removal and Replacement of Signs, Mailboxes, Etc. 17-13 M. Undercuts 17-13 N. Crushed Stone Base Material 17-13 O . Prime and Tack Coats 17-13 P . Asphaltic Concrete Hot -Mix Surface Course 17-13 Q. Concrete Drive Repair 17-14 R. Concrete Curb and Gutter - 17-14 S. Portland Cement Concrete Pavement 17-15 T. Drainage Structures and Ditches 17-16 U . Topsoiling, Seeding and Straw Mulching 17-16 V. Rock Riprap 17-16 W. Pipe Culverts and Storm Drains 17-16 X. Manholes, Valve Boxes Adjusted to Grade 17-16 Y. Cleanup 17-17 Z. Miscellaneous Items 1. Detours and Access to Homes 17-17 2. Construction Staking 17-17 AA. Concrete Testing 17-17 BB. Overseeding and Fertilizing of Sod 17-17 CC. Watering 17-18 DD. Compaction of Subgrade Under Sidewalks 17-18 EE. Sidewalks 17-18 19. Methods of Measurement and Payment 17-19 20. Final Inspection and Establishment of Warranty Period 17-26 Table of Contents - 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ADVERTISEMENT FOR BIDS Project No. 7701 -ST City of Fayetteville, Arkansas Separate sealed bids for Street and Drainage Improvements and Sidewalk Construction in four contract sections as follows: CONTRACT SECTION I - SIDEWALK CONSTRUCTION: Construction of approxi- mately 2,075 square yards of sidewalk along with 1,250 linear feet of concrete curb and gutter and other miscellaneous work at the following locations: 1. Sidewalk along the west side of Garland Street. 2. Sidewalk along the north side of East Sixth Street from Wood Avenue to a point approximately 140 feet west of South Washington. 3. Sidewalk and curb along the north side of East Seventh Street from Wood Avenue to South College. CONTRACT SECTION II - STREET CONSTRUCTION: The following streets in the Kenwood Addition to the city of Fayetteville: 1. Montgomery Street, including access road 2. Alta Street 3. Greenwood Street 4. Irene Street CONTRACT SECTION III - STREET CONSTRUCTION: Sligo Street from Ashwood Avenue to Vail Avenue. CONTRACT SECTION IV - STREET CONSTRUCTION: Sycamore Street from Gregg to Woolsey. will be received by Community Development, City of Fayetteville, Arkansas, at the office of the City Clerk, City of Fayetteville, Drawer F, Fayetteville, Arkansas 72701 until 10:00 a.m., October 9, 1979, and then at said office 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 Community Development office, 17 East Center, Fayetteville, and at McGoodwin, Williams and Yates, Inc., Consulting Engineers, 909 Rolling Hills Drive, Fayetteville, Arkansas 72701. Copies may be obtained at the office of McGoodwin, Williams and Yates, Inc., located at the above address 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 nonbidder upon so returning such a set will be refunded • 1-1 The owner reserves the right to waive any informalities or to reject any or all bids. Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Information for Bidders. Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract. No bidder may withdraw his bid within 60 days after the actual date of the opening thereof. (Date) Angela R. Medlock, City Clerk 1-2 U. 5, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT INFORMATION FOR BIDDERS 1. Receipt and Opening of Bids The City of Fayetteville, Arkansas HUD L238 -B('; (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 until 10:00 office of the City Clerk o'clock A.M.,C.D.S.T. October 9 ,1979 , The bids will be publicly opened and read aloud at 10:00 a.m. on this date at the City Hall, Fayetteville, Arkansas. The envelope containing the bid must be sealed, addressed to the Community Development Program, City of Fayetteville, Arkansas and designated as a bid for construction of Street and Drainage Improvements. The Owner may consider informal any bid not prepared and submitted in accord- ance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postpbr.ement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 60 days after the tctual 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 -11238 -CD -1, and Certification by Bidder (Contractor), concerning Labor Standards and Prevailing Wage Requirements, Form HUD -1121. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and the foregoing Certifications must be fully completed and executed when submitted. These forms are not to be detached from the remainder of the bound set of specifications. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. 3.Sutcontracts The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract -- a. Must be acceptable to the Owner after verification by the HUD Area Office of the current eligibility status, and, b. Must submit Form HUD -h238 -CD -2, Certification by Proposed Subcontractor Regarding Equal Employment Opportunity and Certification by Proposed Sub - Contractor Concerning Labor Standards and PrevailinglWage Requirements, Form HUD -1h22. Approval of the proposed subcontract award cannot be given by the Owner unless and until the proposed subcontractor has submitted the Certifications and/or oth9r evidence showing that it has fully complied wit any reporting requirements to which it is or was subject. 2-1 Previous Editions Obsolete 2 Although the bidder is not required to attach such Certifications by proposed subcontractors to his bid, the bidder is here advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards. 4. Telegraphic Modification Any bidder may modify his bid by telegraphic communication, at any time prior to the scheduled closing time for receipt of bids. provided such telegraphic commu- nication is received by the Owner prior to the closing time. and, provided further, the Owner is satisfied that a written confirmation of the -telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation Is not received within two days from the closing time, no consideration will be given to the telegraphic modification. 5. Method of Bidding The Owner invites the following bid(s): Street and Drainage Improvements 6. Qualifications of Bidder The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Con- ditional bids will not be accepted. 7. Bid Security Each bid must be accompanied by cash, certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds w111 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 60 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. 2-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r 9. Time of Completion and Liquidated Damages Bidder must agree to commence work an or before a date to be specified in a 'written "Notice to Proceed" of the Owner and to fully complete the project within 180 consecutive calendar days thereafter. Bidder must agree also to pay as liquidated damages. the sum of $ 100.00 for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 10. Conditions of Work Each bidder must Inform himself fully of the conditions relating to the con- struction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the contractor. in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the Vora 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 909 Rolling Hills Drive at Fayetteville, Ark. 72701 McGoodwin, Williams and Yates, Inc. 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 fore 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 Qat 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 protect 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 dateL copy of their power of attorney. 2-3 2-4 4 14. Notice of Special Conditions Attention is particularly called to those parts of the contract documents and specifications which deal with the following: (a) Inspection and testing of materials. (b) Insurance requirements. (c) Wage rates. (d) Stated allowances. 15. Laws and Regulations The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules anti regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 16. Method of Award - Lowest Qualified Bidder If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bids or may award the contract on the base bid combined with such deducti- ble alternates applied in numerical order in which they are listed in the Form of Bid, as produces a net amount which is within the available funds. 17. Obligation of Bidder At the time of the opening of bids each bidder will be presumed to have in- spected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect of his bid. Supplement to Form HID -11238-3(r) INFURIIATIOn FOR BIDDER 18. SAFETY: STANDARD AND ACCIDENT P3=-iNTInii With respect t0 all work _ rc'orm9d radar ti contract, t e 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 th= recuirements of Title 29 of the Code of Federal Regulations, Section 1518 as published in the "Federal Register", Volume 36, No. 75, Sa`urday, 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 iirnediate 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. 2-5 I I I I I I HUD -U238 -CD -1 (6-56; U.S. DEPARTMENT OF HOUSING =ND URBAN 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: Jerry D. Sweetser. Inc Address: P. 0. Box 579 Fayetteville, Ark. 72701 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes �o O I2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes O ' 3. Bidder has filed all compliance reports due under applicable instructions, including SF -100. Yes O No ❑ None Required 4. If answer to item 3 is " No," please explcin 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. Jerry D. Sweetser, President / "� NAM1E AND TITLE OF SIGNER (PLEASE TYPE) iuMt October 9, 1979 DATE I Previous Editions Obsolete 3-1 GPO !I[aa El ' HUD-4238-t'D-' (`r55 U.S. DEPARTMENT OF HOUSING :uD URBAN DEVELOPMENT I CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing t 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 compliahce 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: McClinton -Anchor Company. Division of Ashland -Warren I.Address: Post Office Box 1367 Fayetteville, Arkansas 727O1 _- 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes x' 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 SF -100. Yes L No None Required U 4. If answer to item 3 is " No," please explcin in detail on reverse side of this certification. Certification — The information above is true and complete to the best of my knowledge and belief. David C. McClinton, President NAME AND TITLE OF SIGNER (PLEASE TYPE) It I / —�- SIC Na TD RE October 9, 1979 DATE I Prrvious Editions Obsolete 3-1 The prime contractor shall have his subcontractors submit this form for approval of subcontracting firms before award of any subcontract. 1 I I I 1 I I 1 FORM APPROVED BUDGET BUREAU NO. 63.RI138 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY NAME OF PRIME CONTRACTOR INSTRUCTIONS HUD-4238-CD.2 (2-67) PROJECT NO. 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- siructions, 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: Address: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes jj No 0 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes iI No 3. Bidder has filed all compliance reports due under applicable instructions, including SF -100. Yes II No LI None Required 4. If answer to item 3 is "No," please explain in detail on reverse side of this certification. Certification — The information above is true and complete to the best of my knowledge and belief. SI NAME AND TITLE OF SIGNER (Please Type) IPrevious Editions Obsolete DATE g 215789-P HUD -Wash., D. C. I I I I I PAd1 '£NI yF ,.USINL An) UR RAN ij tLLPmEM1I COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS (A pprnpnatc kenpl en U: Jerry D. Sweetser, Inc. P. O. Box 579 Favetteville,AR 72701 1. The undersigned, having executed a contract DATE P° MUbM hlo: "mu -ST Sidewalks - Drainage Impr. City of Fayetteville the construction of the above•identified project. acknowledges that: ' (a) The Labor Standards provisions are included in the aforesaid contract; (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility; 2. He certifies 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 CPR. Pare 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (.0 U.S.C. 276u -2(a)), (b) No part of 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. I. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution ofany subcontract, Including those executed by his subcontractors and any lower tier subcontractors. a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. I I 7 Li I I +. ne ceto,es that: (a) The legal name and the baseness address of the undersigned are: Jerry D. Sweetser, Inc. P. O.: :Box 579, Fayetteville, AR 72701 111 A SINGLE PROPRIETORSHIP A CORPORATION ORGANIZED IN THE STATE OF 1131 Arkansas A PARTNERSHIP ( IU OTHER ORGAPIIZ ATION (c) The name, tide and address"ol the owner, partners or officers of the undersigned ore: NAME TITLE ADDRESS Jerry D. Sweetser President Fayetteville, AR Paul B. Tunstill Vice -President Fayetteville, AR Sharon J. Sweetser Secretary Fayetteville, AR 3-3 (a) ll.nines Gna vsa:c!<[. ul CI Cirri Ler ups. L,th nil ana car;orate, hating a : vbsIr^,'ml inrtresl in lilt and Ike nature . i Ike nrrrest ore if nr,,.. ,., NASE AOaa¢sS N.TUREOF wTENEST 1 (e) The names, addresses and trade cos s)hcanons of all other 6wlding construction contr000rs in .hick the al.dersi geed has a substantial interest ore (ft .nne, •n ,fair). NAME 60URES5 TNAOE CIASSiFIC.TICN 1 1 , Je�ry D. Sweetser nc. Dale ARNING ' U.& Criminal Code, Section 1010. Title 1E, U.S.C.. provides in pare. "Whoever..... makes, paves, it' en or peel mhes ens statement, knowint the same to be false ..... shell be fined not more than $S,OW or impr.sone.l nat more than t.0 Yearc, or bath." 1 1 3-4 ' 1 I I I I J Li I I (b) No part of 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. I. 3. lie agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He certifies '_(a) The Igai acme and the business address of :he undersigned are: McClinton -Anchor Company Division of Ashland -Warren, Inc. (6) The vnderstgned is: III A SINGLE PROPRIETORSHIP IM A CORPORATION OROANIZ ED IN THE STATE O< U,S... c;AHl M[Mr Lf PUUSINb ANU Uni:AN i:0 °tL..r'Vfb: COMMUNITY OCVF.LOPMENT SLGCX GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS (.1 pproprsale Rer--plen N: DATE PROJECT NUMBER PROJECT NAME 1. The undersigned, having executed a contract with City of Fayetteville the construction of the above -identified project, acknowledges that: S (a) The Labor Standards provisions are included in the aforesaid contract; (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility; 2. He certifies tint: (a) Neither he not 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 Reguiations of the Secretary of Labor, Part 5 (29 CPR- Part 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (40 V.S.C. 276u -2(a)). I I. 1_- 1_ 1- A PARTNERSHIP (c) The name, title end address of the owner, partners or affix ers of the undersigned are: NAME TITLE ADDRESS David C. McClinton President Fayetteville, Arkansas C. K. Jones Vice -President Fayetteville, Arkansas B. A. Conrad Asst. Secretary Fayetteville, Arkansas 3-3 I (al ii ,e naves cfl d la,r eec, at ,i tiler cerns, Eva catu•al and cer;arete, nevmg a uOsl e^.rwI .nreress :A rile un:et sy.:,a, and t he nitrite et l be n'eq,t ale:"nn.:,.• „i ,L'h �. NAME AOORES5 NATURE 00 INTENEST Ashland -Warren, Inc. Atlanta, Georgia Parent Company (e) The names, addresses and trade classll masons Oi all other but ding construction contractors in Nhi h the eaderslgaed has McClinton -Anchor Company, Date October 9. 1979 rcualeaaloel By__________ Day d C. McClinton WARNING U.S. Criminal Code. Section 1010. Title 18. U.S.C.. provides in pan: "Whoever..... makes. paves. 'liters or puhlishe' any statement. knowing the same to be false .....shall he fined not more than $5,000 or imprisoned not more dun t..o years. or bath.." 3-4 The prime contractor shall have his subcontractors submit this form _for approval of subcontracting firms before award of any subcontract. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBCONTRACTOR'S CERTIFICATION ' CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (,Appropriate Recipient): BAT E PROJECT NUMBER (!Jany) ' CIO - PROJECT NAME 1. The undersigned, having executed a contract with ' on 'radar or du tonnacmr for 'cure of in the amount of S ' in the construction of the above -identified project, certifies that: (a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract. (b) Neither he nor any firm, corporation, partnership or association in which he has a 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 CFR, Part 5), or pursuant to Section 3(a) of the Davis - Bacon Act, as amended (10 U.S.C. 276a -2(a)), I II I El I L I I El I El (e) 'No part of the aforementioned contract has been or 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 designated as an ineligible contractor pursuant to the aforesaid 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- ments, executed by the lower tier subcontractor, in duplicate. (a) The workmen will report for duty on or about ate 3. He certifies that: (a) The legal name and the business address of the undersigned are: A SINGLE PROPRI ETORSMIP: 1(31 A CORPORATION ORGANIZED IN THE STATE OF: A PARTNERSHIP: (4) OTHER ORGANIZATION (c) The name, title and address of the owner, partners or officers of the undersigned are: HUD -1422 (6-25) 3-5 Id) The names and addresses of all other person., both no urol anJ corporale, hawing a substantial interest in the undersianed. (e) The names, addresses and trade class, L colons at all other buJdmq construction contractors in which the undersigned has (Sobcon lm elp r) Name and Title) WARNING U.S. Criminal Code. Section 1010. Take 1S. U.S.C., provides in Pert: ""Toever..... makes. passes, wit ns, or publishes any statement, knowing the sama to be false..... %hall be heed not more than 55.000 or impnaoned not more than two years, or both." 3-6 two HUD.1738.) (2-66) U.S. Department of Housing and Urban Development CERTIFICATE OF OWNER'S ATTORNEY James N. McCord I. the undersigned, the duly authorized and acting legal representative of the City of ... • Fayetteville, Arkansas do hereby certify as follows: I have examined the attached contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power 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: 3-7 HUD -wash.. D. C. h tit%L11�i 1 UNITED STATES H➢ I COMPANY BID BOND r-1 is 1 1 KNOW ALL MEN BY THESE PRESENTS: _* Jerr D. Sweetser Inc .X.............................................r.................-.... THAT .................................................................................................................................................... • _: i...................................................................................................... of Fayetteville AR AR D STATES ' r:-,........................................................................................................................................................... �C s Principal , and UNITEtteVlFIDELITY AND i:" t ...GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto.........i... ..f ,aye......_... 6.........._le-,r....,.-.. .F ayettevil_le...... AR ................................................................................................................................................................................... Five Percent.„of Bid.,_..5 of bid asObligee, in the full and just sum of ..................................... .................................................%..................................................... 1 e, ......Dollars 4 -1 lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, 1'I administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal for furnishing all labor and �.:•, material for the construction of a sidewalk on Garland Street, 1k Fayetteville, AR in accordance with plans and specifications rt-> prepared by McGoodwin, Williams & Yates, Engineers. 1� ,j 5`c THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the 1 c:.:. time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work i-. if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. = I. UNITED STATES FIDELITY AND GUARANTY COMPANY .............._ ............................ A. P. Eason, Jr. Attorney -in -fact . .Tom,-.-rT-.- .., . _ .'.... i '..:.. .. .. .. •& JL '..�MLv_Y...':1: 1.: . .f:. :'.l. ..L. .i.... r....r."f 11 Ip.11;1 al n_;t I 1 k 1 UNITED STATES I ✓,.F-.OEIIlY,jyO� EH®R.1 r t v`IARANTY (A StoEkLC6fipany) COMPANY BID BONDUI BOND NUMBER ............................................ ' j1 KNOW ALL MEN BY THESE PRESENTS: Jerry D. Sweetser, Inc. ......THAT................................................................................................................:................................................................. •Fayetteville, AR E::i4....................................................................................................... of........................................................................ C'................................................................................................................................................................ as Principal , and UNITED STATES FIDELITY AND E Cit of Fa etteville GUARANTYCOMPANY, a Maryland corporation, as Surety, are held and firmly bound unto .................. .........................................................t....... • e. Fay.,ettevill.......#...R.............................................................................................................................................................4.................... "' Five Percent of Bid (5% of bid) Fr; as Obligee, in the full and just sum of.................................................................................... ...................................................................................... 1F .................................................................................................................................................................................................................................. Dollars, w•:a �� lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, fl 1 f:. administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal for furnishing all labor and ss material for the construction of a sidewalk, Sycamore Street, =.; Fayetteville, AR in accordance with plans and specifications prepared by McGoodwin, Williams &Yates, Engineers. THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between • • the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. 1 ,Y? fln tnh or Q 1070 C I Jerry I ii Prersident, / AUNITED STATES FIDELITY AND GUARANTY COMPANY A. P. Eason, Jr. Attorney -in -fact I CERTIFIED COPY I GENERAL POWER OF ATTORNEY 84805 No ......................................... Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland. and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute and appoint A. P. Eason, Jr. ' of the City of Fayetteville , State of Arkansas its true and lawful attorney in and for the State of Arkansas ' for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said A. P. Eason, Jr. •� v, fmay la:,fdlly do f. in the premises by virtue of these presents. Slh tWitnesa Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be 1 ' \ / sealed with. its corpomte seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 17th day of 1:' 1; 1; t;: May ,A.D.1974 + I + << UNITED STATES FIDELITY AND GUARANTY COMPANY. ' (Signed) gr.....Charles..... Boone . ....-.-.--• Vice -President..... (SEAL) (Si2nOd% „.....W. G. Hilyard ... Assistant Secretary. STATE OF MARYLAND, ) !!: BALTIMORE CITY, 3' Oa this 17th day of May , A. D. 1174 , before me personally came Charles W. Boone ,Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and W. G. Hi lyard , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said Charles W. Boone and W. G. Hilyard were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney: that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora- tion, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company. ' My commission expires the first day in July, A. D. 19.. .74... (SEAL) (Signed) ....Herbert J. Aull ................................................ Notary Public. STATE OF MARYLAND ) I Sct. BALTIMORE CITY, I. Robert H. Bouse Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a sseal, do hereby certify that Herbert J. Aull , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore Cityp, the same being a Court 'of Record, this 17th day of May A. D. 19 7`I (SEAL) (Signed) Robert H. Bouse ......................................................... Clerk of the Superior Court o/ Baltimore City. FE 3 (9.67) "-.•• H COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. There/ore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board body, organization. office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. I, David M. Engler , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to A. P. Eason, Jr. of Fayetteville, Arkansas , authorizing and empowering him to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY 'on (Date) October 9, 1979 I I L I L I I I I I I 1] I I Li I C Li L1 I I I I I I I IN& INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA PENNSYLVANIA Proposal or Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE MCCLINTON-ANCHOR CO. DIVISION OF ASHLAND -WARREN, INC. as principal, and the INSURANCE COMPANY OF NORTH AMERICA, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal place of business at Philadelphia, Pa., as surety, are held and firmly bound unto CITY OF FAYETTEVILLE,PRKANSAS as obligee, in the penal sum of FIVE PERCENT OF AMOUNT BID DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, scaled and dated this 9TH day of OCTOBER A.D. 19 79 WHEREAS, the said principal is herewith submitting proposal for COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAPN PROJECT # DHUD 7701 -ST SECTION II & III THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract, the said principal will within the period specified therefor, or, if no period be specified, within ten (10) days after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the work if the latter amount be in excess of the former; in no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any suits at law or proceedings in equity brought or to be brought against the Surety to recover any claim hereunder must be instituted and service had upon the Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee. ' &S-1946 PRINTED IN U.S.A. MCCLINTON-ANCHOR CO. DIVISION OF ASHLAND -WARREN:. INC:;, I By... Jac MPANY OF 7 �� r ..........6.6............0..4.....6....6....... East, Jr., Att ne; ...................... In -Fact ' Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution adopted by the Board of Directorsolthe said Company on May 28, 1975, to wit: "RESOLVED, pursuant to Articles 16 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) Thai the President, or any Vice -President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute for ' and in behalf of the Company any and all bonds, undertakings, fecogmzances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact in so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary. (3) The signature of the President or a vice -President and the seal of the Company may be affixed by facsimile on any power of ' attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by -facsimile to any certificate of any such power, and any such power or certificate hearing such facsimile signature and seal shall be valid and binding on the Company. (d) Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. ' (5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9, 1953." does hereby nominate, constitute and appoint JACK EAST, JACK EAST, JR. JAMES E. DANIEL, DONALD R. HENDERSON and JUDY FRANKS, all of the City of Little Rock, State of Arkansas , each individually if there be more than one named, its true and lawful attorney -in -fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and ail bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully ' and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said ...............C....DANIEL.DRAKE-.........-............-.....-...., Vice -President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY -OF NORTH AMERICA this........-...lat ..............................day of -.-'--.--.-..-.-July........................ 19..-.-..76...... ' INSURANCE COMPANY OF NORTH AMERICA (SEAL) by.......C.....DAN.IEL..DRAK,E............................................... Vice -President I Li I I STATE OF PENNSYLVANIA I. COUNTY OF PHILADELPHIA 1ss On this .............1st........................ day of........................JVI,Y..........., A. D. 19 ......7.6......, before me, a Notary Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came................................................ ......................................C....DANIEL..D.RAK,....................................................................., Vice -President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to he the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia, the day and year first above written. ..............MAURPEN...SCB LL .......................................... Notary Public. ision expires Au ii t 13 9 !rsigned, AssistarlT .Secretar{' o1 INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that OF ATTORNEY, of which the foregoing is a full, true and correct cpv,� is in full force and effect. whereof, I have hereunto subscribed my name as Assistant Secrets affixed the corporate seal this................9th.................... day of ............ ober L '................................. se -1c ins Printed In U.! ssistant Secretary In 7 I J in DEL TMENT OF HOUSING AND URBAN DEVELOPMENT RECEIVED , LITTLE ROCK AREA OFFICE MAY 22 1970 UNION NATIONAL BANK BUILDING, ONE UNION NATIONAL PLAZA LITTLE ROCK, ARKANSAS 72201 CITY MMIA,;AG£R'S OFFICE CITY OF FAYETTEVILLE. May 18, 1979 Honorable David Malone Mayor, City of Fayetteville P. .0. Drawer F Fayetteville, Arkansas 72701 Dear Mayor Malone: IN REPLY REFER TO: 6.2SL B -77 -MC -05-0001 Fayetteville, AR Attached is a copy of Wage Decision No, AR79-4025 with Modification No. 1 attached. This Decision is applicable to your contract for street and side- walk improvements on Sycamore, Whillock, East Farmers, Combs, Montgomery, Greenwood, Irene, Alta, and Sligo Streets. The Decision should be incorpo- rated in the contract documents along with Federal Labor Standards and Equal Opportunity Requirements prior to release of the documents to prospective bidders. The Decision and Modification should not be used for work to be performed on the project without contacting Mrs. Polly Clawson, Labor Relations Spe- cialist, by telephone at 378-5930, ten (10) days prior to the bid opening date to verify that the Decision is still valid. Contracting procedures must comply with the requirements of OMB Circular No. A-102, Attachment 0, to Community Development Block Grants. The use of the contract guide furnished you should be helpful in assuring compli- ance with contractual requirements. If you have any questions regarding their application, please contact Mr. Bill Smith in the Community Planning and Development Division by telephone at 378-5868. Prior to the award of a contract, you must request the eligibility status of all contractors and subcontractors (if applicable). This can be accom- plished by your letter with no less than the information contained in Items #4 (a), (b), (c), (d) and (e) on Form HUD -1421, Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements. The same in- formation must be furnished on all subcontractors. If you prefer, you can submit Forms HUD -1421 and HUD -1422 with the information furnished on the form. After the contract or subcontracts have been signed, a completely executed copy of these forms must be furnished this office. I. r. C H 1 1 1 I, 1 I 1 1 I I I Page 2 A preconstruction conference must be held with the principal contractor and all available subcontractors using the outline as furnished in Exhibit 1, HUD Labor Standards Handbook 6500.3. A notice of "start of construction" for any covered project shall be sent to this office and shall include in- formation as to the project name and location, block grant number, date of contract award, contract amount, date construction started, and the number of the applicable wage decision. We recommend that you review HUD Handbook 6500.3 which provides policies and procedures to be used by recipients of Community Development Block Grant assistance in carrying out statutory and regulatory mandates for construction labor standards enforcement. If you have any questions regarding your labor standards activities, please contact Mrs. Clawson. Attachment cc: Mr. Richard E. Mason Mr. Murry D. Poller I I 6864 I I I I C-] I I I [] I I I I i C. hi_______ E�• C O a A on .-�. j m J 04 ✓ n O ` Y b - Y U N ✓ N Y C qfN- O n N W Y O C I. o p - a 00 C Y Li S. C P O -t 4" V N ♦ a Ca NOy I- an J n CI t V v -: O A y Y ✓ 7 • •N q n O 9 Y f' C O u • T • U n ` Y j [ [ u u •j pd b n O 3 G 4 U Co n o q y-≤ a u O .. O A C .� f J tl C U L C Y O a Y Y u Y NO 4 4 O AI O V c. . U N _ u 6 G — F. KCIStI- NOVIoLL O V W V 1 Y O O V I. 1-0.0 o N Y a T V Y I. O✓ n tit. O Y 4 Y 3 a O u O O .404k Y O O Y Y C ✓ • Y ^ n C O Y C p a' Y y O 1 CO u p •. 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CC£$ci p 4�• 4 VUV U :1 UOOJ L 44i44 .L SOLCNCN NFfF FN O Y O ✓ U Y Y Y q N Y u O VV o u 0.- r Y --a C O - V Y N n Yp a ii "V -O a a CO 0 J Y Si •'1 Y Y a c O Y ✓ Y C C V V O /) O n Y L q n u Y n _Li E Y O ' Y U Y Y 1 Y CC C W Y V b u C one V Y O Y y Y n LL b Y Y p ✓ E a a ..—o Y 00 Y u V N V E O 9- Y F C O O ONO. V Y CIC L a 'o •1 V O Y P Y N O L CI. 0.14 01410 q F_ b 0_.1 V L Y .� Y c y W Y u Y •. V p O y Y Y O 1a'- V N y Y .-1 Y "^ V o p aL C' j .41>) a C C 4 O M s; V V C.. a a c Y L O'C' O. Y C J: 41 n b Y O V - fl s O •_•U'_ 4C O V n Y W •fl m V n u 4 N w C "once _••• 000 m• W C .4 .4301 j P a U C o V .+ b 4 6 c K n N - Y b• V Y V ...0 V q V V V u V C u > J u �+ W Dot. di.. •V0. T V 4` 4 u N O Y Y Yp b Y✓ Y Y as T E p -ion 4.444 a I L M YIN Y 4 y Y a4aY V U at V Y b C Y L N T d n 4-. V V U U O C4 1G Y✓ u G a V •+ C V V n O U Y -1 CO a tin ..• n N CC C q V 0 0 + aq P11 4 G b V O S C CD h.flV q O V O 4.J44P Y N gg P q '30 W 0UU p O n- L 0 V ••NJtS6000UU q+4SG0 0.0. U Ip U I 4-1 • 1 ' NOTiC 1 ' W •< 1 c. C E o e - Y nl C Y C C LL 6 LL .4 O 00o a OONOPCO �]Y PInP a NO100.N • e •'• - al Iq •'1 N - - N N •'� L Eaj O— E E di Y I..- -. 1 q ' U V Y. O Y O Y r w La E N Y YoJ U. YI°• UA •O I. T a) Y Y p y Y • . U O Y ] O O Y Y 0 O P 0. 0. C d N u C U Y V .+ •-1 r V C u P C Y N G G C LL Y L 0 .4) 10 a L i C - 1 Y • b YV :•OYa- - p[ C Y Y 0 J Y. V x V C C U b C C C}< U O w w-. U•. o O N .r -.- 'L.O t ^wVEy OIYYiw 'J'np o t. n I. • C V fl - Y Y w u i c y -10.: V Y 1 O N Y V Y 9 b O Y Y It.. -.7 C-. Y 4J__. C U• V¢•O•UY ' . •w V V .f U1 V U g E S a O O U O •- N N .+ m p .} + t ' I 4-2 L BILL CLINTON, GOVERNOR CHARLES L. DANIELS, DIRECTOR ARKANSAS DEPARTMENT OF LABOR ' CAPITOL HILL BUILDING LITTLE ROCK 72201 May 16, 1979 C. I L I I I I I I I I McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, Arkansas 72701 Re: Street and Drainage Improvements Fayetteville, Arkansas Washington County Gentlemen: This is to certify that the.State of Arkansas Prevailing Wage Rate Determination Number 78-148 for the above -noted project shall conform with those contained in the U.S. Department of Labor Decision No. AR79-4025 and Modification #1 of that decision. If you have any questions or we can be of further assistance, please contact Becky Bryant at 371-3024. CLD:mh Sincerely, Charles L. Daniels Director I I U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT I I I I I I I I I I n I I I BID FOR UNIT PRICE CONTRACTS Proposal of Jerry D. Sweetser, Place Fayetteville, Arkansas October 9, 1979 Project No. DHUD No. 7701 -ST (hereinafter called "Bidder") • a corporation, organized and existing under the laws of the State of Arkansas • a_Partfle3si�3$__e�$�+_i �idt�a -4vyirg-•lxrsi-tress as To the Community Development and Housing Fayetteville, Arkansas Gentlemen: of (hereinafter called "Owner") The Bidder, in compliance with your invitation for bids for the construction Contract Section I — Sidewalks 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 to be specified in the project within. the specifications. of $ 100.00 provided in Paragraph 19 of the General Conditions. agrees to commence work under this contract on or before a date written "Notice to Proceed" of the Owner and to fully complete 180 consecutive calendar days thereafter as stipulated in Bidder further agrees to pay as liquidated damages, the sum _for each consecutive calendar day thereafter as hereinafter Bidder acknowledges receipt of the following addendum: Addendum No. 1 • Insert corporation, partnership or individual as applicable. I -' HUD -4238D(2-69) Replaces CFA -238-D which is obsolete 5-1 Section I I I The Bidder may not "tie" his bid under this Contract Section to any Contract Sections he may bid in these specifications. He may bid any one, or combination of Sections. ' Bidder agrees to perform all the construction work described in the specifications and shown on the plans for this portion of the work for the following unit and lump sum prices. CONTRACT SECTION I Item Estimated Description and Unit or Lump Sum Price Bid Total ' No. Quantity 1. Lump Sum Site Preparation, Garland Street Sidewalk ' Five thousand Five, hundred and no/100--------------------- 5,500.00 - dollars $ (Amount written in words.) (In figures.) 2. Lump Sum Site Preparation, East Sixth Street Sidewalk Seven thousand Two hundred and no/100------------------------ dollars 7,200.00 3. Lump Sum Site Preparation, East Seventh Street Sidewalk and Curb Seven thousand Eight hundred and no/100-------------------- dollars 7.800.00 4. 2,075 Square Yards, Nonreinforced Portland Cement Concrete Sidewalks, complete in place Eleven and 25/100 --------------------------- dollars( 11.25 )SY. 23 343.75 . 5. 1,250 Linear Feet, 8" Concrete Curb and Gutter, East Seventh Street, complete in place Four and 50/100 --------------------------------- dollars( 4.50 )L.F. 5,625.00 ' 6. 2 Each, Type "A" Concrete Drop Inlet Boxes, East Seventh Street, complete in place One thousand One hundred Fifty and no/100------- 1,150.00 2,300.00 dollars( / )Each 7. 15 Linear Feet, 18" Reinforced Concrete Pipe Storm Drain, East Seventh Street, complete in place Nineteen and no/100----------------------------- 19.00 285.00 dollars( )L.F. 8. 100 Tons, SB-2 Crushed Limestone Base, compacted in place Ten and no/100------------------------------ dollars( 10.00 )Ton 1,000.00 IJ 5-2 Section I I I I I Li I I I I I Item Estimated Description and Unit or Lump Sum Price Bid Total No. Quantity 9. 35 Tons, 2" Asphaltic Concrete Hot -Mix Surface Course, complete in place Ninety and no/100dollars( dollars( 90.00 )Ton $ 3,150.00 10. 2,300 Square Yards, Topsoil, Seeding, Fertilizing and Mulching Three and 20/100 ---------------------------- dollars( 3.20 )S.Y. 7,360.00 TOTAL, CONTRACT SECTION I— $ 63,563.75 (Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by Paragraph 29 of the General Conditions. The bid security attached in the sum of (Bid bond in amount of 5% of bid was enclosed) dollars ($ is to become the property of the Owner in the event the contract and bonds are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Respectfully submitted: ' Arkansas License No 80-1161 I(Seal - if bid is by corporation) I By /s/ Jerry D. Sweetser (Signature) 5-3 Jerry D. Sweetser, President (Title) P. 0. Box 579 Fayetteville, AR 72701 (Business Address and Zip Code) Section I C I 1 1 I 1 •1 I. 1 '. I I I. 1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BID FOR UNIT PRICE CONTRACTS Place Fayetteville, Arkansas Date October 9, 1979 Project No, DHUD No. 7701 -ST Proposal of McClinton -Anchor Co., Division of Ashland -Warren, Inc(hereinafter called "Bidder") • a corporation, organized and existing under the laws of the State of Delaware s a a•F1'-Re-?9ii•* er—&tt—i•R# *i-4W84-4&4ftt—beS+fttZ To the Community Development and Housing Fayetteville, Arkansas Gentlemen: (hereinafter called "Owner") The Bidder, in compliance with your invitation for bids for the construction of Contract Section II — Street Construction — Kenwood Addition 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 180 consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $ 100.00 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. Bidder acknowledges receipt of the following addendum: e Insert corporation, partnership or individual as applicable. •HUD•42380(2-69) Replaces CFA -238-D which is obsolete 5-1a Section II Li The Bidder may not "tie" his bid under this Contract Section to any Contract Sections he may bid in these specifications. Be may bid any one, or combination of Sections. Bidder agrees to perform all the construction work described in the specifications and shown on the plans for this portion of the work for the following unit and lump sum prices. CONTRACT SECTION II Item Estimated No. Quantity Description and Unit or Lump Sum Price Bid Total 1. Lump Sum Site Preparation, Montgomery Street and Access Road, Alta Street, Greenwood Street and Irene Street Thirteen thousand and no/100-------------------------- dollars $ 13,000.00 (Amount written in words.) (In figures.) U2. 2,500 Tons; -Compacted -SB-2 Base Material, complete in place Eight and 75/100 dollars( 8.75 )Ton 21,875.00 3. 950 Tons, Asphaltic Concrete Hot -Mix Surface Course, complete in place Thirty-one and no/100-------------------------- dollars( 31.00 )Ton 29,450.00 4. 150 Square Yards, Nonreinforced Portland Cement Concrete Sidewalks, complete in place Ten and 50/100 ---------------------------- dollars( 10.50 )S.Y. 1,575.00 U5. 85 Linear Feet, 18" Reinforced Concrete Pipe Storm Drain, complete in place Nineteen and no/100-------------------- dollars( 19.00 )L.F, 1,615.00 ' 6. 6 Cubic Yards, Class A Concrete, for Headwalls and Aprons on Pipe Culverts, complete in place Two hundred Ninety and no/100---------------- 290.00 1,740.00 dollars( )C.Y. 7. 3 Each, Adjustment of Valve Boxes to Grade Fifty-five and no/100------------------------- dollars( 55.00 )Each 165.00 8. 5 Each, Adjustment of Manholes to Grade ------------------- Two hundred Ten and no/100 - dollars(210.00 )Each 1050.00 1 5-2a Section II I Item Estimated No. Quantity Description and Unit or Lump Sum Price Bid Total 1 9. 2 Each, Double Bay 8' x 4' Concrete Box Culvert, complete in place ----- 24,400.00 Twenty-four thousand Four hundred and no/100 dollars( / )Each $ 48,800.00 10. 1,800 Square Yards, Topsoiling, Seeding, Fertilizing and Mulching One and no/100--=------------------------- dollars( 1.00 )S.Y. 1,800.00 1 TOTAL, CONTRACT SECTION II ------------------------ $ 121,070.00 (Amounts are to be shown in both words and figures. In case of discrepancy, the amount ' shown in words will govern.) The above unit prices shall include all labor, materials, bailing, shoring, removal,. overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of ' 60 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by Paragraph 29 of the General Conditions. The bid security attached in the sum of dollars ($ 5% ) ' is to become the property of the Owner in the event the contract and bonds are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Respectfully submitted: By /s/ David C. McClinton, (Signature) IArkansas License No. 80-305 I (Seal - if bid is by corporation) I 5-3a David C. McClinton, President (Title Post Office Box 1367 Fayetteville, AR 72701 (Business Address and Zip Code) Section II U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BID FOR UNIT PRICE CONTRACTS Place Fayetteville, Arkansas I. 1 1 I. I. Date October 9, 1979 Project No. DHUD No. 7701 -ST Proposal ofMcClinton-Anchor Co., Division of Ashland -Warren, Inc.(hereinafter called "Bidder") e a corporation, organized and existing under the laws of the State of Delaware Pr d�ftttee�Fri,__aw-led idge}—dateg—bn9reeaa M To the Community Development and Housing Fayetteville, Arkansas Gentlemen: of (hereinafter called "Owner") The Bidder, in compliance with your invitation for bids for the construction Contract Section III — Street Construction — Sligo Street 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 180 consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $ 100.00 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. Bidder acknowledges receipt of the following addendum: Addendum No. 1. e Insert corporation, partnership or individual as applicable. HUD -4238O(2-69) Replaces CFA -238-D which is obsolete 5 -lb Section III I The Bidder may not "tie" his bid under this Contract Section to any Contract Sections he may bid in these specifications. He may bid any one, or combination of Sections. ' Bidder agrees to perform all the construction described in the specifications and shown on the plans for this portion of the work for the following unit and lump sum prices. CONTRACT SECTION III I U I Item Estimated Description and Unit or Lump Sum Price Bid Total No. Quantity 1. Lump Sum Site Preparation, Sligo Street Twenty thousand Eight hundred and 2. 875 Tons, Compacted SB-2 Base Material, complete in place 20.800.00 Eight and 75/100 ------------------------------ dollars( 8,75 )Ton 7.656.25 ' 3. 300 Tons, Asphaltic Concrete Hot -Mix Surface Course, complete in place ' Thirty-one and no/100-------------------------- dollars( 31.00 )Ton 4. 1,625 Linear Feet, Concrete Curb and Gutter, complete in place Four and 60/100 -------------------------- dollars( 4.60 )L. F. U I I I 1 I I 5. 3 Each, Type "A" Concrete Drop Inlet Boxes, complete in place One thousand One hundred Fifty and no/100------- 1,150.00 - dollars( � 9,300.00 7,475.00 3,450.00 6. 450 Linear Feet, 15" Reinforced Concrete Pipe Storm Drain, complete in place Eighteen and no/100----------------------------- 18.00 8,100.00 dollars( )L.F. 7. 50 Linear Feet, 18" Reinforced complete in place Nineteen and no/100----------------------------- Concrete Pipe Storm dollars( Drain, 19.00 )L.F. 950.00 8. Eleven 325 Square Yards, Nonreinforced Sidewalk, complete in place and 80/100 — ------------ Portland Cement Concrete dollars( 11.80. )S.Y. 3,835.00 9. One and 550 Square Yards, Topsoiling, Seeding, Fertilizing no/100-------------------------------- dollars( and Mulching 1.00 )S.Y. 550.00 I5-2b ..Section III I I ' Item Estimated No. Quantity Description and Unit or Lump Sum Price Bid FT I 10. 3 Each, Adjustment of Valve Boxes to Grade Fifty-five and no/100----------------------- dollars( 55.00 )Each Total 165.00 11. 4 Each, Adjustment of Manholes to Grade Two hundred and no/l0O— )Each dollars( 200.00 800.00 12. 5 Cubic Yards, Class A Concrete for Headwalls and Aprons on Pipe Culverts, complete in place Two hundred Ninety and no/100--------------- dollars( 2 90.00 )C.Y. 1,450.00 TOTAL, CONTRACT SECTION III— $ 64,531.25 (Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) I The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. ' The bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. ' Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by Paragraph 29 of the General Conditions. The bid security attached in the sum of a dollars ($ ) • is to become the property of the Owner in the event the contract and bonds are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Respectfully submitted: By /s/ David C. McClinton (Signature) David C. McClinton, Arkansas License No. 80-305 President (Title) I P. 0. Box 1367 (Seal - if bid is by corporation) Fayetteville, AR 72701 (Business Address and Zip Code) ' Section III 5-3b I U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT I I I I I I I I I I rI I I BID FOR UNIT PRICE CONTRACTS Place Fayetteville, Arkansas Date October 9, 1979 Project No, DHUD No. 7701 -ST Proposal of Jerry D. Sweetser, Inc. (hereinafter called "Bidder")• a corporation, organized and existing under the laws of the State of Arkansas a-paFees (a- ee-ex-tnl #deal-de4eg-btisitess as To the Community Development and Housing tteville, Arkansas (hereinafter called "Owner") Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of Contract Section IV - Street Construction - Sycamore Street 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 180 consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $ 100.00 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. Bidder acknowledges receipt of the following addendum: • Insert corporation, partnership or individual as applicable. HUD -4238D(2-69) R•ploces CFA-238-Dwhich is obsolete ' 5 —lc Section IV I ' The provision regarding the Owner reserving the right to reject any and all bids applies to all Contract Sections in these Specifications. If the total amount bid for all Contract Sections should exceed the funds available, the bidders are ' herewith apprised that this portion of the work, Contract Section IV, will be eliminated rather than Contract Sections I, II or III. The Bidder may not "tie" his bid under this Contract Section to any Contract Sections he may bid in these specifications. He may bid any one, or combination of Sections. Bidder agrees to perform all the construction described in the specifications and t shown on the plans for this portion of the work for the following unit and lump sum prices. CONTRACT SECTION IV Item Estimated No. Quantity Description and Unit or Lump Sum Price Bid Total 1. Lump Sum Site Preparation, Sycamore Street Eight thousand Five hundred and no/100-------------------- dollars $ 8,500.00 (Amount written in words.) (In figures.) 2. 2,450 Square Yards, 6" Nonreinforced Portland Cement Concrete Pavement, in place, Sycamore Street Thirteen and 50/100 -------------------------- dollars( 13.50 )S Y 33,075.00 ' 3. 1,600 Linear Feet, 6" Concrete Curb and Gutter, complete in ' place Four and no/100------------------------ 4.00 6,400.00 dollars( )L.F. 4. 100 Tons, Compacted SB-2 Base Material (not for pavement base), to be used for backfill around structures, pipe bedding, etc., in place ' Ten and no/100----------------------------- dollars( 10.00 )Ton 1,000.00 5. 6 Each, Type "A" Concrete Drop Inlet Boxes, complete in place 1,150.00 One thousand One hundred Fifty and no/100------- dollars( / )Each 6,900.00 6. 2 Each, "Special" Concrete Drop Inlet Boxes, complete in ' place - -- - 1,150.00 2,300.00 One thousand One hundred Fifty and no/100 — dollars( / )Each ' 7. 34 Linear Feet, 15" Reinforced Concrete Pipe Storm Drain, complete in place Seventeen and no/100-=------------------------ dollars( 17.00 )L.F. 578.00 5-2c Section IN I Item Estimated No. Quantity Description and Unit or Lump Sum Price Bid Total 8. 780 Linear Feet, 24" Reinforced Concrete Pipe Storm Drain, including 4" perforated pipe underdrain and special bedding, complete in place Twenty-nine and 50/100 ------------------------ dollars( 29.50 )L.F. $ 23,010.00 9. 1 Each, Adjustment of Valve Box to Grade Fifty and no/100--------------------- ---- dollars( 50.00 )Each 50.00 ' 10. 3 Each, Adjustment of Manholes to Grade Two hundred and no/100------------------------- 200.00 600.00 dollars( )Each 11. 60 Square Yards, 6" Nonreinforced Portland Cement Concrete ' Driveway Repair Thirteen and no/100--------------------------- dollars( 13.00 )S,y. 780.00 ' 12. 1,000 Square Yards, Solid Sod, including fertilizing and overseeding, complete in place ' Eight and 50/100 ------------------------------ 8.50 8,500.00 dollars( )S.Y. 13. 10 Cubic Yards, Nonreinforced Class A Concrete for headwalls and aprons on pipe culverts, in place Two hundred Seventy-five and no/100-------------- dollars(275.00 )C.y. 2,750.00 14. 400 Square Yards, Nonreinforced Portland Cement Concrete Sidewalks (either 4' or 5' wide), complete in place ' Eleven and 25/100 --------------------------- dollars( 11.25 )S,y, 4,500.00 TOTAL, CONTRACT SECTION IV ------------------------- --- $ 98,943.00 (Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) IThe above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds ' called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. 5-3c Section IV I The bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. ' Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by Paragraph 29 of the General Conditions. The bid security attached in the sum of (Bid bond in amount of 5% of bid was enclosed) dollars($ ) is to become the property of the Owner in the event the contract and bonds are not executed within the time above set forth, as liquidated damages for the delay and 'additional expense to the Owner caused thereby. Respectfully submitted: By /3/ Jerry D. Sweetser (Signature) Jerry D. Sweetser, President (Title) 1 P. 0. Box 579 Arkansas License No. 80-1161 Fayetteville, AR 72701 (Business Address and Zip Code) ' (Seal - if bid is by corporation) I [_1 I I I I 5-4c Section IV �I I I I I I [1 I I I L C I [.1 I I HUD4228-F (6.66) CONTRACT THIS AGREEMENT, made this day of 119 7 ,by and Community Development and Housing between City of Fayetteville, Arkansas tterein called "Owner,"acting (Corporate Name of Owner) herein through its Mayor, City of Fayetteville ,and (Title of Authorized Official) Jerry D. Sweetser, Inc. STRIKE OUT (a corporation) (a -partnership) INAPPLICABLE (aaiaBivaldeirw»iaessas TERMS of Fayetteville , County of Washington , and State of 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: Street and Drainage Improvements Contract Section I: Sidewalks Sixty-three thousand, hereinafter called the project, for the sum of Five hundred Sixty-three and 75/100 ---- Dollars (S * ) 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 print, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefor as prepared by McGoodwin, Williams and Yates, Inc. ,herein entitled the /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 180 consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of S 100.00 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. * $63,563.75 (Over) I 6-1 I I I I n I 7 II I [l I I - r IN WITNESS n'HEREOT, the parties to here presents have executed this contract in six (6) counterparts, each —, of which _hall be deemed an ri rinai, in the year and day first above mentioned. • ".�' .ti-• 'K Community Development and Housing (Seal) f City of Fayetteville, Arkansas ATTEST: (Owner) :crerary/ Ang R. Medlock, City Clerk David R. Malone, Mayor By Sweetser, Inc. President (Title) P. 0. Box 579 Fayetteville, Arkansas 72701 _ (Address and Zip Coda) NOTE: Secretary of the Owner should attest. If Contractor is a corporation. Secretary should attest. HUD -4238-F (6-66) GPO e6•350 1.1 6-2 I I I I C I I I I I I I I I C C I CONTRACT THIS .\GREEMENT, made this day of Community Development and Housing, between City of Pavetteville. Arkansas (Corporate Name of Owner) HUO-4278-F (6.666) ,J979 , by and herein called "Owner," acting herein through its Mayor. City of Fayetteville , and (Title of Authorized Official) McClinton -Anchor Company, Division of Ashland -Warren, Inc. STRIKE OUT (a corporation) (a.partnecship) INAPPLICABLE (ate ndi idual doiag hiss as TERMS of Wilmington County of hereinafter called "Contractor." , and State of Delaware _, 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: Street and Drainage Improvements Contract Section II: Street Construction - Kenwood Addition One hundred twenty-one hereinafter called the project. for the sum of thousand Seventy and no/100---------- Dollars (S * ) 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 corn - plate 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 drawing and printed or written explanatory matter thereof, the specifications and contract documents therefor as prepared by McGcenwin, Williams and Yates, Inc. , herein entitled the s\rxir:p`dfEn��incer, and as enumerated in Paragraph I 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 180 consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $ 100.00 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. * $121,070.00 (over) I C C I I I I U [J I I 1J I I I I I I IN WITNESS WHEREOF the parties to then pre_ents have executed this contract in six (6) counterpartseach of which :hall be deemed an ori_lnal-.`in the ye ar and day first above mentioned. Community Development and Housing, (Sal){ City of Fayetteville, Arkansas ATTEST: (owner) 6(e d -e a, flsaoe1 (aecrewry) Angel . Medlock, City Clerk ( Witness) (Seat) David R. Malone, Mayor McClinton -Anchor Company, Division of Ashland-Warre (Contractor) By D yid C. McClinton President (Title) P. 0. Box 1367 Fayetteville, Arkansas 72701 (Address and Zip Code) NOTE: Secretary or the O•.vner should attest. if Contractor is a corporation- Secretary should attest. HUO-4238-F (6-66) GPO 263.310 6-4 I I H I I I I H I I I I I I I1 I I C1 CONTRACT THIS AGREEMENT, made this day of Community Development and Housing between City of Fayetteville, Arkansas (Corporate Name of Owner) HU 04223-F (6.66) ,1979 ,bvand tlerein called "Owner," actin_ herein through its Mayor, City of Fayetteville ,and (Title of Authorized Official) McClinton -Anchor Company, Division of Ashland -Warren, Inc. STRIKE OUT (a corporation) (a-gortttership) INAPPLICABLE (arrirdt+ideeldoir 6e s -es TERMS of Wilmington ,County hereinafter called "Contractor." ,and State of Delaware 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: Street and Drainage Improvements Contract Section III; Street Construction, Sligo Street Sixty—four thousand hereinafter called the project, for the sum of Five hundred Thirty—one and 25/100 - ----- Dollars... (S * ) 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, suppli�:s, 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 exolanatory matter thereof, the specifications and contract documents therefor as prepared by C McGoodwin, Williams and Yates, Inc. , herein entitled the �a=irstaa/Em�iueer, 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 180 consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of S 100.00 for each consecu- tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. The OWNER a•_rees 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. * $64,531.25 (Over) I 6-5 I I I I I I D I I [I I I I I I I I - ar =? p.^ IN R'IT\Es n l'IEREOF, the parties to these presents have executed this contract in six (6) counterparts, each .., of which :hall be deemed an bri_inal. n the-year�ano dac first above mentioned. tA^`i4v Community Development and Housing CGS: -.-\\• •' (Seal) .� City of Fayetteville, Arkansas ATTEST: (Owner) G"y t ecu II Lsecrewry, Angela . Medlock, City Clerk (Seal) David R. Malone, Mayor McClinton -Anchor Company, Division of Ashland -Warren, Inc. (Contractor) By 0 avid C. McClinton President P. 0. Box 1367 Fayetteville, Arkansas 72701 (Address and Zip Code) NOTE: Secretary of the Owner should attest. If Contractor is a corporation. Secretary should attest. HUD -4238.F (6-66) GPO dd9.a3G ' 6-6 iJ HUO-0276-F (6.66) CONTRACT THIS AGREEMENT, made this day of , 19 79 ,by and ' Community Development and Housing between City of Fayetteville, Arkansas herein called "Owner." acting (Corporate Name of Owner) _ I herein through its Mayor, City of Fayetteville ,and (Title of Aurho,ted Official) ' Jerry D. Sweetser, Inc. STRIKE OUT (a corporation) (partewlup) INAPPLICABLE (an induirluald�ia?�usiuebs as TERMS 'of Fayetteville ,County of Washington and State of Arkansas — I 11 I I I I I [1 I I 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: Street and Drainage Improvements Contract Section IV: Street Construction — Sycamore Street Ninety—eight thousand hereinafter called the project, for the sum of Nine hundred Forty—three and no/100 ----- Dollars (S * ) 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 McGoodwin, Williams and Yates, Inc. ,herein entitled the Ardrst==t/Engineer, and as enumerated in Para`raph 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 180 consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of S 100.00 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. * $98,943,00 (Over) 6-7 IN WITNESS R HEREOF.` lle parties to thesr presents have executed this contract in nx (6) counterparts, each of which shalllie, deemed an orizinai`in the year and day first above mentioned. r Community Development and Housing (Seal) y_, q?ty City of Fayetteville, Arkansas ATTEST: Fr TtlW r (Owner) it Secretary) Angel R. Medlock, City Clerk Nom_ IOA:ir David R. Malone, Mayor (Witness; (Title) P. 0. Box 579 Fayetteville, Arkansas 72701 (Address and Zip Code) NOTE: Secretary of the Owner should attest. If Contractor is a corporation. Secretary should attest. HUD•4238-F (6.66) GPO e69 -)O I PERFOR2LINCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) Jerry D. Sweetser, Inc. a (2) corporation hereinafter called "Principal" and (3) United States Fidelity & Guaranty Co. of Baltimore , State of Maryland , hereinafter called the "Surety," are held and firmly bound unto (4) the City of Fayetteville, Arkansas , hereinafter called "Owner," in the penal sum of One hundred sixty-two thousand Five hundred Six and 75/100 ----------- -------- -- ------------------- dollars ($ 162,506.75 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of , 19_79 a copy of which is hereto attached and made a part hereof for the construction of: • Contract Section I: $63,563.75 ) $162,506.75 Contract Section IV: $9$,943.00 NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements 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 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, then this obligation shall be void; otherwise to remain in full force and effect. 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 or the specifications accom- panying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 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. This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1937, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. I I 7-1 I IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of , 19 79 ATTEST: Jerry JerryQ. Sweetser, Inc. Pr--6cipa ' incipai) e ietary (SEAL) By Jerry D SweAtstr, President OP. 0. Box 579 Wit ss as to Princ a1 Fayetteville, Arkansas 72701 Address I I I I L' I .'(Surety);Seeretary Y M . (SEAL:)/ mow._.. \... z � � Witness as to Surety Neil Danner United Staten Fill i rv. �LC_ �.nATAT �'�.:' n Surety rt By: ! A.P. Eason, Jr. (AttG''` orne aFi<Fa'tt) Addres I. Fayetteville, AR Address 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 the case maybe. (3) Correct name of Surety. (4) Correct name of Owner. ' (5) If Contractor is a 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. ' 7-2 CERTIFIED COPY GENERAL POWER OF ATTORNEY 84805 No ......................................... ' Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint ' A. P. Eason, Jr. of the City of Fayetteville , State of Arkansas its true and lawful attorney in and for the State of Arkansas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY Jp.', COMP -ANY; a certified copy of which is hereto annexed and made a pare of this Power of Attorney; and the said UNITED STATES FIDEtI1Y-%4.ND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said ' � -- APEason, Eason, Jr. U.> m'ay lawfully do in the premises by virtue of these presents. 'fl . hkh Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be ' sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 17th day of May , A. D. 19 74 UNITED STATES FIDELITY AND GUARANTY COMPANY. ' (Signed) Br,,,,,Charles W. Boone ...................................... Vice -President. (SEAL) ' (Signed) ....... ,G.,,Hilyard........... Assistant Secretary. STATE OF MARYLAND, ' BALTIMORE CITY, 1 ss: On this 17th day of May , A. D. 1974 , before me personally came 'Charles W. Boone , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and W. G. Hilyard , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said Charles W. Boone and W. G. Hilyard wen respectively 'the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation: that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora- tion, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company. ' My commission expires the first day in July, A. D. 19...74... (SEAT,) (Signed) Herbert J. Ault ................................................ Notary Public. STATE OF MARYLAND 1} BALTIMORE CITY, Set. I. Robert H. Bouse ,Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Herbert J. Aull , Esquire, before whom the annexed affidavits wen made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 17th day of May , A. D. 19 74 • SEAL (Si Robert H. Rouse Clerk of the Superior Court of Baltimore City. 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Pauluuad zo pambai 'aeunlnnpun pus spuoq Sulaaluanne 10 eupnooxa pus sap!1od aauemsvusgi z>qio nosunoa 3o saausmzo3zad aqi 8maaluazen8 lrnui alanpd ao allgnd ;o suoll!sod Suryloy nouad jo Llgapg aqi 8maalnazso8 spe •uoo fir pus Aug zaslap pus alnaxa of 'las nt n pus amen n! m 'Ausdwo3 pits ;0 nuaSi is luaS, 10 'laa;-m•/Aia10iie is Lotions n nouad so uouad Aua lmodde of 'Isa aslodzoo 511 zapun •sausiao0S men! n! ;o auo 10 Az1IazaQS n! 4ll& umiavnluoo m quap!sad ->,!A '21 30 zaglp so luap!sud n! aaAodma pus axpoginv saop Lgany 7! pm 'op Luldmo3 e!qi 1591 'peal° H i► oq 'ezo/suagy pvslPuno;MaN JO Auolo3 alp al put apaua0;o voPmu0Q ayi;o noauad aip u! pin salnS pal!un aqi 3o wpolpn1 ay1 u! put 'pughn}q nip nglo sali"S u! amen 5l uI pus i! 1o3 ;01 01 4poglne pus prod qlw s[amona pus sluale lulodda Auedmon nql 1141 asaulnq 3o uopanuul Ismaaya aq1 10J Lnssaoau n 1! 4saiagm WILL I PA:: 1c` I BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) Jerry D. Sweetser, Inc. ' a (2) corporation hereinafter called "Principal" and (3) United States Fidelity & Guaranty Co. of Baltimore , State of Maryland• , hereinafter called the "Surety," are held and firmly bound unto the City of Fayetteville, ' Arkansas , hereinafter called "Owner," in the penal sum of ------------------- One hundred sixty-two thousand Five hundred Six and 75/100 ------------ dollars ($162,506.75 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by. these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into ' a certain contract with Owner, dated the day of , 19 79 a copy of which is hereto attached. and made a part hereof for the construction of: I. Contract Section I: $63,563.75 ) $162,506.75 Contract Section IV: $98,943.00 NOW THEREF0P.E, if the Principal shall promptly make payment to all person;, firms. subcontractors and corporations furnishing materials for or performing labor in the prosecuticn of the work provided for in such contract, and any authorized extension or modification thereof,all amounts due for but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or use in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and worlcen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or pay- , meats due the State of Arkansas or any political subdivisions thereof which shall have arisen on account of or in connection with the wages 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 found by the Arkansas Depart- ment of Labor or as determined by the court on appeal 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 specifications accompanying 1 the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract as to the work or to the specifications. 1 .. ' 7-3 PRCVtDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957) Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in si:c (6) counterparts, each one of which shall be deemed an original, this the dad: of , 19 79 ATTES n inai) S etaa Secretary (SEAT.) Jerry,,D, Sweetser, Inc. Pr cip 1 By: Jerry Sweets President P. 0. Box 579 Fayetteville, Arkansas 72701 Address United States Fidel Surety By:_ •Attc I. Witness Surety Neil Danner Fayetteville, AR Address Fayetevi11e. AR Address ' 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 the 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. I. 7-4 CERTIFIED COPY GENERAL POWER OF ATTORNEY 84805 ' Know dl Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint 1 A. P. Eason, Jr. of the City of Fayetteville ,State of Arkansas its true and lawful attorney in and for the State of Arkansas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all.acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY;^a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES _� eFIDELITY,.AND-GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said I nt sa.. ti w,T. A. P. Eason, Jr. tykwfuilly do in the premises by virtue of these presents. J`)IrilPisness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 17th day of May ,A.D.1974 (Signed) (SEAL) ( Signed) STATE OF MARYLAND, BALTIMORE CITY, 11 ss. UNITED STATES FIDELITY AND GUARANTY COMPANY. 8,,.._.Charles,W. Boone Vice -President. W.G.,,Hilyard ......................... Assistant Secretary. On this 17th day of May , A. D. 1474 , before me personally came Charles W. Boone , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and W. G. Hilyard ,Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said Charles W. Boone and W. G. Hilyard were respectively the Vice•President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora- tion, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19...71... (SEAL) (Signed) Herbert J. Ault ................................................ Notary Public. STATE OF MARYLAND Sct BALTIMORE CITY, I, Robert H. Bouse , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Herbert J. Ault , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore Citp, the same being a Court of Record, this 17th day of May , A. D. 19 7d Robert (SEAL) (Signed) .............. H. Bouse ............................................... Clerk of the Superior Court of Baltimore City. FS 3 (947) I LJ 1 I I I Ian6) , ° ANYd}[OD AINYNVIIo (1NV AlflaUId S31V.LS U31iKrI aqt ;o TIN aqi put pwq Lm IN wunaaaq aenq I 'fowsgdl Liw pny ul •7apaaw pin jo ama!m aqi m Papaoou It }oatagt nlogr aqt Pat 'uoon}oau N us ;o Ldoa iaanoo put awi a n 8a!oeaaal ayi tip put yaasaid nit uoiaana }o pnog aqi ;o umronb g Poem gatgr i• 'pl6l '•4"I }o Lap yili aqi uo •uompgeg ;o Air j aqi ur Lmidmo) alp to sag}o agt is Play P" Pallas L}up 'LuadmoD pm jo uopunq jo pnog alp ;0 8mlaaw n;n$aa ate paidope uolm}oaa a }o aouvnund m uan8 sgr AawonV ;o aarod pms iggi L}nr+o ngin; op j pay •taapa put aaaol fin; m Ilpn n pug pa>fosai aaaq aaeao seq Lawoflg ;o prod ga!gr tprol las maaagi n spaoq a9ga n WSi; 8a!iarodwa Pm 8ag:pogme BesUex.Ijr 'ajITAallaAeg ;o ' •Jf 'UO3 •d •V m [uedmo3 pm Lq uan8 Lawoue jo aamod Iguduo alp To Ldoa iaauoa put anal $n} I st eutoSaml aqi imp L;uaaa Agaaaq op 'ANYdfOD A.LNVUVIM) QNV AdriauId S3.V,LS O3.LINO aqi }o AniaaaaS iunsn y m ' Ja12UZ •( Pjeea 'I •amen aqi to aogi!o }a amna aqi U! fmgitue ad 'eanlguapan ao •aopglndps 'uope8!Igo •a3un!u9oaaa 'paoq gong Lae m :o} papuoad aq Lem qa q sooptpaoa hut ao Sur qiA= to ea!op tou as Salop aqi 101 pauognpuoo 'aasaatagM sappadga II' put hut at •aaeaonaiA. uopezmalao n aopepofe aagto ro Ugedp!mm ysaniu! •sago Apoq uopeaodaoa rououad ao uouad hut iol so Lq ';o uopaaioad io Ltpnan alp aol papaooaa io palg pauiaooe 'puapuai 'uaAr8 'uarIei •apem 'Painaaza aq at pau!miad ao paimbat 'paroga aq •astraagio ao Iedpmnw '[Bar 'awgo JO sago 'aopenue8ao 'Lpoq 'pnoq Lua ;o uopannp SO wpawd 'smosna 'uapao 'suopgnlaa •alw aqi Aq ao 'pagpano}~aN JO Luolo) aqi to ao tpeatp to ao!a!WOO agi }o saauuoad aqi ;o ao ainS pauur} aqi jo Laoipaay so aims Lua ;o n atnS pai!url aqi to aminS Aug Lq ao 'aurngto ao Iedo mm •rq Lq Lam ao am ga!ga 'awn aqi to »qua ;o amiea aqi ug 8u!yiLua so sluplruapun rouopelndps •suom8!Igo 'swuenaloaai ropaoq ga pae Lae }o suop!puoa ayi aaiaeaan8 pan ainaaxa of nua8e as iva8e n yae}•u!-ILawoua so Lawoug n! It pm sums n! U! pae'paroge rel Lq n 's8u!paaaoad ao suopae ge u! paumuad to paambaa roeugilsuapan pug npuog 8upnusnn8 ao Buunana put sapl!ad auganam urge ngio gaeaiuoa ;0 saamwlopad aqi 8maaivsaen8 'inwi aireud so aggnd to auou!god 8atploq suouad to Ligapg aqi Supaiutanl giaen •U0a fli pus Aug iaerlap pua atnaaxa 01 Tae na put aweu n! UT 'LUedwoj pm }0 nua2e a0 2U3BV 10 yael•u!• Aawoue ao Laaaoin so suouad so uosaad hut iu!oddg 07 'Ieae aiuodroa gn aapan •agaeiaaaaS iagismY n! To auo ao LaeiaaaaS sit 9i?" aopamluw m naappraad •w!A n! ;o ngip ao map!saad n! aarodma pug azuoging top Lganq it put 'op LuedwoD step imp 'poppy n aq 'aao/aangy yuelpano;raN }o LuoloD ayi m put epgaej;o uom!moa ail ;o gaauuoad atp m pug swills paiwfl aqi to sauoipiaj aqt a! pug 'puejAaa}i! 1192 aayto is m auteu n! U! Pm ii ao; tae of Lipogim put aamod qua shawoue put nuaPs iu!odde Luedwo) s qi ivy aammq to uopaenuen Igniaapa ayi io; Lnaaoau a it •enaaa.gdl toq•j E I I II I P NOLLITIOS3II dO AJO3 H ' 1, ' PERFO1NA.NCE BOND KNOW ALL HEN BY THESE PRESENTS: That we (1) McClinton -Anchor Company, Division of Ashland Warren, Inc. a (2) corporation hereinafter called "Principal" and (3) INSURANCE COMPANY OF NORTH AMERICA of PHILADELPHIA , State of PENNSYLVANIA , hereinafter called the "Surety," are held and firmly bound unto (4) the City of Fayetteville, Arkansas , hereinafter called "Owner," in the penal sum of One hundred eighty-five thousand Six hundred One and 25/100 ------------------------- -------------'--'-'- dollars ($185,601.25 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of , 1979 a copy of which is hereto attached and made a part hereof for the construction of: Contract Section II: $121,070.00 ) $185,601.25 Contract Section III: $ 64,531.25 C I 11 I I I I NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements 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 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, then this obligation shall be void; otherwise to remain in full force and effect. 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 or the specifications accom- panying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 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. This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. I 7-5 F .1 1 1 1 1 1 1 1 IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of , 19 79 ATTEST: McClinton -Anchor Company, Division of Ashland Warren, Inc. Principal i' cipal) Secretary t(iSEFY.) ^ By: r i i i r I Pk = Da id C. McClinton, President P. 0. Box 1367 Witness s to Principal Fayetteville, Arkansas 72701 Address Address ATTEST: Witness as to Surety 1220 W Third T;tt1P uncle Ar Address Surety 7,., • J ' By. Y J " k East, Jr. C"-�- torney-in-Fact 1220 W. Third _Little Rock, Ar Address 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 the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a 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. 7-6 ' PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) McClinton -Anchor Company, Division of Ashland Warren, Inc. a (2) corporation hereinafter called "Principal" and (3) INSURANCE COMPANY OF NORTH AMERICA of PHILADELPHIA , State of PENNSYLVANIA , hereinafter called the "Surety," are held and firmly bound unto the City of Fayetteville, Arkansas , hereinafter called "Owner," in the penal sum of --------'------------ One hundred eighty-five thousand Six hundred One and 25/100 ------------- --- dollars ($ 185,601.25 ) in lawful money of the United States, for the payment of which sum well and truly to -be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of , 19 79 a copy of which is hereto attached and made a part hereof for the construction of: Contract Section II: $121,070.00 ) $185601.25 Contract Section III: $ 64,531.25 ) , I LIB C I I NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, all amounts due for but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or pay- ments due the State of Arkansas or any political subdivisions thereof which shall have arisen on account of of in connection with the wages 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 found by the Arkansas Depart- ment of Labor or as determined by the court on appeal 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 specifications accompanying ' the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract as to the work or to the specifications. 1 I 7-7 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. This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957) Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of , 19 79 ATTEST: McClinton -Anchor Company, Division of Ashland Warren, Inc. (ifft Principal tiiat)4 sn By: lW Da id C. McClinton, President less, fiEo Principal P. 0. Box 1367 Fayetteville, Arkansas 72701 Address Address ATTEST: INSURANCE COMPANY OF NORTH AMERICA Surety �, rety // Attbrnev-in-Fact !. (S �/ Jack East, Jr. ,'. U cG� 1220 W. Third Witness as to Surety Little Rock, Ar Address 1220 W. Third, Little Rock, Ar Address 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 the 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. POWER OF ATTORNEY • INK INSURANCE COMPANY OF NORTH AMERICA ' PHILADELPHIA, PA. know all men by these presents:. That INSURANCE COMPANY OF NORTH AMERICA, 1 a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia. Pennsylvania, pursuant to the following Resolution adopted by the Board of Directorsolthe said Company on May 28, 1975, to wit: 1 "RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution (or the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: • (1) That the President, or any Vice -President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute for and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary. (3) The signature of the President or a Vice -President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by t facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. (5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9, 1953." does hereby nominate, constitute and appoint JACK EAST, JACK EAST, JR. JAMES E. DANIEL, DONALD R. HENDERSON and JUDY FRANKS, all of the City of Little Rock, State of Arkansas each individually if there be more than one named, 1 its true and lawful attorney -in -fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully 1 and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. • IN WITNESS WHEREOF, the said ...............C...-DANIEL.DRAKE...............-.........-........., Vice -President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF 1 NORTH AMERICA this............lat ............................. day of ...----.........July........................ 19.......7..6--.--' INSURANCE COMPANY OF NORTH AMERICA 1 (SEAL) by.......C.P...DANIEL..DRAKE............................................... Vice -President STATE OF PENNSYLVANIA 1 COUNTY OF PHILADELPHIA f ss. On this.............1St........................ day of ....................... Jµ1Y..........., A. D. 19 ......7.6......, before me; a Notary Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came ................................................ 1.................................C.....DANIEL..DRA....................................................................., Vice -President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual, and officer who executed the preceding instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and 1 direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City ofrPhiladelphia, the day and year first above written. R� 1 MAUREEN---K £LL -- r�•-4/' NotaryPublic. commission expires Aug¢ust 13 9 f �� =\ H undersigned, Assistadi Secretar4 of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify;rhat ' a'1 OWER OF ATTORNEY, of which the foregoing is a full, true and correct Tis in fullfirce and effect. mess whereof, I have hereunto subscribed my name as Assistant Secrets Ti,ffixed the Etir orateeal a ration, this ............................................day day of ............ ..... ....... -. .... . ........ .c aeac fns Ptlnba In U. a. �. ssistant Secretary r - U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT I 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* II. 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 I11. 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 ' 28. 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 -423850 P.ev,aa. edl„on 1, ob,oleie ♦Fb Attachment to Federal Labor Standards Provisions ions 8-1 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. 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 b-: the Architect/ Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, test- ing and installation of materials, supplies and equipment, and the completion of the various parts of the work: each such schedule to be subject to change from time to time in accord- ance with the progress of the work. 4. Shop or Setting Drawings The Contractor shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/ Engineer the Contractor must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the Contractor will never- theless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any devia- tions at the time he furnishes such drawings. 5, Materials, Services, and Facilities (a) It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute, complete, and deliver the work within the specified time. (b) Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the Owner. 6. Contractor's Title to Materials No materials or supplies for the work shall be purchased by the Contractor or by any Sub- contractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the 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. HUD -42385 (9-201 ' 8-2 1 H I I I I C [1 H I I I I I 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. "Or Equal" Clause Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Architect/Engineer's written approval. 9. Patents (a) The Contractor shall hold and save the Owner and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented orunpatented 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 protection of 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 HUD -42395 (R) 8-3 I ne-e:r.. otherwise expressly specified, necessary or proper to perform and corrpl(-te all the work reaui red by this contract, within the time herein specified, to 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 '.n accordance with the directions of the Architect/Engineer as given from time to time rlur!ng the progress of the work. He shall furnish, erect, maintain, and remove such construe tinn plant and such temporary works as may be required. The Contractor sl.�ll observe, comply with, and be subject to all terms, conditions, regnire- merts, and limctat:nns of the contract and specifications, and shall do, carry or., and com- plete the entire work to the satisfaction of the Architect' Engineer and the Owner. 12. Weather Conditions In the event of temporary suspension of 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 S,:bcontractors so to protect his work, such mater .als shall be removed ann replaced at the expense of the Contractor. 13. Protection of Work and Property --Emergency The Cnntrnctor shall at all times safely guard the Owner's property from injury or loss in : o,3nectio:". with th.s contract. He shall at all times safely guard and protect his own a nr! that of ar!jace:tt property from damage. The Contractor shall replace or make good any such damage, loss or injury unless such be caused directly by errors costa:ned in the con - t r.ict 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, :n 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 or. emergency threat -ring injury to persons or damage to the work or any adjoining p-operty, 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- t: on; . 14, Inspection ' The author:..ei re,. rc•sentati yes and agents of the Department of Housing and Cirbar Ue,•.p- ment shall be pe rrnitted to inspect all work, materials, payrolls, records of lyersnnnel, invoices of materials, and other relevant data and records. I :, Reports, Records, and Data The Contractor shall suhmit to the Owner such schedule of quantities ar.-.l costs, progress schedules, pavrnlis, reports, estimates, records and other data as the Gwnrr may request concerning wort perforn-.ed or to be performed under this contract. I'. 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 unnerstood, that such representative shall be acceptable to the Architect Er.gi near and shall be one who car. ho continued in that capacity for the particular job involved unless he r ca, es to be on the Contractor's payroll. 1 HUD -*23d S '9 -ILL 8-4 I I I I I I I I I C C I I I l I 1, 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 extensionthereof grantedby the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this contract, to pay to the Owner the amount specified in the contract, not as a'penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the ' performance of any act whatsoever: and where under the contract an additional time is ' HUD -42385 (R) 8-5 I 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 cast 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. Z0. Correction of Work Act work, all materials, whether incorporated in the work or not, all processes of manu- fact,7re, 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 mam_facture, 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 o%vn 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 or, 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 HUD -.7785 (9-701 ' 8-6 I 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 I 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 I. 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) Not later than the 15th day of each calendar month the Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this contract, but to insure the proper performance of this contract, the Owner shall retain ten percent (10%) of the amount of each estimate until final completion and acceptance of all work covered by this contract: Provided, that the Contractor shall submit his estimate not later than the first day of the month; Provided, further, that the Owner at any time after fifty percent (50%) of the work has been completed, if it finds that satisfactory ' progress is being made, may make any of the remaining progress payments in full; Provided, further, that on completion and acceptance of each separate building, public work, or other division of the contract, on which the price is stated separately in the contract, payment may be made in full, including retained percentages thereon, less authorized deductions. (b) In preparing estimates the material delivered on the site and preparatory work done may be taken into consideration. (c) All material and work covered by partial payments made shall thereupon become the 'sole property of the Owner, but this provision shall not be construed as relieving the Contractor 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. (d) Owner's Right to Withhold Certain Amounts and Make Application Thereof: The Con- tractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, dis- charged, or waived. If the Contractor fails so to do, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written notice, direct, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged where- upon payment to the Contractor shall be resumed, in accordance with the terms of this ' Huo_4nes(R) 8-7 I Li contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor cr his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the contract by the Owner to the Contractor and the Owner shall riot be liable to the Contractor for any such payments made in good 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 overate 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 ail materials, tools, and other expendable equipment to the extent of ninety percent (90.) ;if the cost thereof, not later than the ZOth day of the calendar month following that '.n 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 cr on which such materials, tools, and equipment are incorporated or used, and. (c) to each of his subcontractors, not later than the 5th day following each ,ayment to the Contractor, the respective amounts allowed the Contractor or acco'mt of the work per- formed by his subcontractors to the extent of each subcontractor's interest therein. 28, Insurance — Also see pages 8-30 and 8-39. 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 tn^ Owner, nor shall the Contractor allow any subcontractor to commerce work or. his sub- contract until the insurance required of the subcontractor has been so obtained and approve,. (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 by the Contractor's Workmen's Compensation Insur- ance. In case any class of employees engaged in hazardous work or. 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 liah:lity insurance for the protection of such of his employees as are riot otherwise protected. (b) Contractor's Public Liability and Property Damage Insurance and Vehicle i.'iablliliv 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 Propert}_Damage insurance and Vehicle Liahility Insurance: The Contractor shall either (1) require each of his subcontractors to pro- cure and to maintain during the life of his subcontract, Submit -actor's Pnbfr Liability and Property Damage Insurance and Vehicle Liability Insurance of th•tv:p.: ui:J n tr. amounts specified in the Supplemental General Conditions specified in. subparagraph Iti) hereof or, (2) insure the activities of his policy, specified in subparagraph (b) hereof. (d) Scone of Insurance and Special Hazards: The insurance required radar siibparaera ph,s (b) and (c) :hereof snail provide adequate protection for the Contractor rd his subcrr.- tractors, respectively, against damage claims which M.,t wise from nr'. r:,t10'l'i qRHrr HUD -42385 (9-r91 8-8 I ' 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. • ' (e) Builder's Risk Insurance (Fire and Extended Coverage): Until the project is completed and accepted by the Owner, the Owner, or Contractor (at the Owner's option as indicated in the Supplemental General Conditions, Form HUD -4238-N) is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner, the Contractor, subcontractors as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during con- struction unless the Contractor is required to provide such insurance; however, this ' provision shall not release the Contractor from his obligation to complete, according to plans and specifications, the project covered by the contract, and the Contractor and his Surety shall be obligated to full performance of the Contractor's undertaking. (f) Proof of Carriage of insurance: The Contractor shall furnish the Owner with certificates ' showing the type, amount, class of operations covered, effective dates and date of ex- piration of policies. Such certificates shall also contain substantially the following state- ment: "The insurance covered by this certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the Owner." I. 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 (100,1 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 per sons performing labor on the project under this ' contract and furnishing materials in connection with this contract. The performance bond and the payment bond may be in one or in separate instruments in accordance with local law. According to Arkansas law, sureties must be licensed by the State Insurance Department, and bonds must be issued, or countersigned, by a resident Arkansas agent. ' 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. I I I 32. Mutual Responsibility of Contractors If, through acts of neglect on the part of the Contractor, any other Contractor or any sub- contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or subcontractor by agreement or arbitration if such other Con- tractor or subcontractors will so settle. If such other Contractor or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sus- tained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. IHUD_423B5 (R) 8-9 I L' 33. Separate Contract The Contractor shall coordinate his operations with those of other Contractors. Cocperat'. on will be required in the arrangement for the storage of materials and in the detailed execu- tion. of the work. The Contractor, including his subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Architect/Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 34. Subcontracting (a) The Contractor may utilize the services of specialty subcontractors or. those parts of the work which, under normal contracting practices, are performed by specialty sub- contractors. (b) The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall cor.tair. 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 tobind 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 ar.y sub- contract that the Owner may exercise over the Contractor under any prov;s:on of the contract documents. (e) Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owr.er. 35. Architect/Engineer's Authority The Architect/Engineer shall give all orders and directions contemplated under this con- tract and specifications, relative to the execution ofthe work. The Architect 'Engineer shall determine the amount, quality, acceptability, and fitr.ess 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 leastthree competitive bids, If the actual price for purchasing the "Allowed Materials" is tnore 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 cost of installation of the "Allowed Materials ' shall be included in the applicable sections of the Contract Specifications cover- ing this work. MOD -.2135(9_70 8-10 I - 37. Use of Premises and Removal of Debris ' The Contract expresslyundertakes 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, an.: such increase or diminution shall in no way vitiate this contract, nor shall any such increase or diminution give cause for claims or liability for damages. 39. Lands and Rights -of -Way Prior to the start of construction, the Owner shall obtain all lands and rights -of -way necessary for the carrying out and completion of work to be performed under this contract. 40. General Guaranty ' Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of ' liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will ' give notice of observed defects with reasonable promptness. 41. Conflicting Conditions ' Any provisions in any of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency. ' 42. Notice and Service Thereof Any notice to any Contractor from the Owner relative to any part of this contract shall be ' in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the said Contractor at his last given address, or delivered in person to the said Contractor or his authorized representative on the work. I. HUD -42385 (R) 8-11 I 43. Provisions Required by Law Deemed Inserted Each and every prov,'sion 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. 44. Protection of Lives and Health 't The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter XILI, Bureau of Labor Standards, Department 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." 45. Subcontracts , t?The Contractor will insert in any subcontracts the Federal Labor Standards Provisions contained heroin 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.'t 46. 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 omployed, and that employees are treated during employment, t:ithout 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 in conspicuous 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 emplcy^nent 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, Io65, 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 8-12 of Labor. . NUD-4231S 19-7a) I ' (5) The Contractor will',furnish all infbrmafion and renorts required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the ' Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or Federally -assisted construction ' contracts, in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, ' or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the provisions of paragraphs (1) through (7) in every sub- contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sep- tember 24, 1965, so that such provisions will be binding upon each subcontractor or ' vendor. The Contractor will take such action with respect to any subcontract or pur- chase order as the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, ' litigation with a subcontractor or vendor as a result of such direction by the Department of Housing and Urban Development, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. ' 47, Interest of Member of or Delegate to Congress No member of or Delegate to Congress, 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 personally in this 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- ' taming 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 construe - Lion, 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. ' HUD -12385 (R) 8-13 I (1) The Contractor will not discriminate against any employee or applicar.t for employment because of race, creed, color, or national origin. The Contractor will take afftrmat.ve action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national nrtc,n. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer: recruitmentor recruitment advertising: layoff or termination: rates of pay or other forms of compensation: and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forththe provisions of this nondiscrimi- nation clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. 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 completion of 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 lees often than cote each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regula- tions issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti -Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less 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 secures 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 on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contribu- 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. U1Wfl PAMWTS CF 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 thin 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 S-14 — - - I Agency or Public Body may consider necessary to pay such laborers or ' mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the Local Public Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to ' whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. 54. ANTICIPATED COSTS OF FRINGE BENEFITS If the Contractor does not make payments to a trustee or other ' third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in ' the wage determination decision of the Secretary of Labor which is a part of this Contract: Provided, however, The Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits ' being provided by the Contractor must be s-ubmitted to the Local Public Agency or Public Body with the first payroll filed by the Contractor subsequent to receipt of the findings. ' 55. OVERTDC COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (76 Stat. 357-360: Title 40 U.S.C., Sections 327- 332) ' (a) Overtime requirements. No Contractor or subcontractor oontracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such work week ' unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such work week, as the case may be. ' (b) Violation: liability for unpaid waves liquidated damages. In the event of any violation of the clause 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 1 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 ' Fmn ' - HUD.4=h.. D. C. 8-15 I I 1 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 set forth in paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 56. EMPL0YMOT OF APPREt�TICES/TRAINEiS . Apprentices will be permitted to work at less than the prede- termined. rate for the work they performed when they are em- ployed and individually registered in a bona fide apprentice- ship program registered with the U. S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in 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 allowa5le ratio of apprentices to journeymen in any craft classi- fication shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program, Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to 1 I I 8-16 xuo.vemn., o. o. I I1 I .., I I 5 furnish to the contracting officer or a representative of the Wage —Hour Division of the U. S. Department of Labor written evidence of the registration of his program and apprentices as ' well as the appropriate ratios and wage rates {expressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall be not less than ' the appropriate percentage of the journeyman's rate contained in the applicable wage determination. ' b. Trainees. Except as provided in 29 CFR 5.15 trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior ' -approval, evidenced by formal certification, by the U. S. Department of Labor, Manpower Administration, Bureau of Appren- tice and Training. The ratio of trainees to journeymen shall ' not be greater than permitted under the plan approved by the Bureau of Apprenticeship 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 - chip and Training shall be paid not less than the wage rate .determineddetermined 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 I. 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 lees than the applicable predetermined rate for the work performed until an acceptable program is approved. - .- . - C. Equal Employment Opportunity: The utilization of apprentices, t trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 11 I [1 ms -was... D. C. 8-17 I P 57. EMPLO)=4T OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 58. REGULATIONS PURSUANT TO SO-C%TT.n "ANTI -KICKBACK ACT" The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874: and Title 40 U.S.C., Section 276c), and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the require- ments thereof. 59• EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency or Public Body, and a report of the action 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. 60. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The Local Public Agency or Public Body shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of t Labor for determination. HUD -Meld.. D. G 8-18 I I I I I I I Li I I I Li I I I H 6�.. POSTING WAGE DETERL/C1ATIOIi DECISIONS AI4D AUTHORIZE WAGE DEDUCTION: The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classification of laborers avid mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classi- fications, shall be posted at appropriate conspicuous points at the site of the work. 62. CC,+LPLAINTS, PROCEEDINGS, OR TESTTONY BY ELOYEES No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards appli- cable under this Contract to his employer. 63. CLAINS.AND DISPUTES PERTAINB•G TO WAGE RATES Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency. or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 614. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS 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 Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (c) the labor standards provisions of any other pertinent Federal statute, shall be referred, through the Local Public Agency or Public Body and the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract, 65. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be I xw.v�+.. o• c 8-19 I 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 l(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor or subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred th 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. t 66. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EEPLOYEES 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 these Federal Labor Standards Provisions are applicable. 67. INELIGIBLE SUBCONTRACTORS The Contractor shall not subcontract any part of the work covered ' by this Contract or permit subcontracted work to be further subcontracted 8-20 HtID-vcah•. o• G ' I. 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. 68. PROVISIONS TO BE INCLUDED 121 CERTA11i SUBCONTRACTS 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. 69. BREACE OF FORr' ODTG FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisicns 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 practicahle, follow hiring and emplovmem practices for work on the project which will provide new iobopport pities for the unemployee and underemployed, and (2) shall insert or cause to be inserted the same prnrlsiun in each ' construction subcontract. 71. Contract Termination; Debarment A breach of Section lay and the Federal Labor Standards Provisions, may be grounds for termination of the contract, and for debarment as provided in 29 CFR 5.6. i I I I Him 423A-S(F) HUD.rashh., P. C. I] 8-21 I I I [I J Is I I P1 [J I L L I I P1 I- ... • .-. ... - ..- ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR TITLE I8, U.S.C.. section 874 (Replaces section I of the Act of June 13. 1934 (48 Stat. 948.40 U.S.C., we. 276b) pursuant to the Act of June 25, 1948.62 Slat. 862) KICKBACKS FROM PUBLIC WORKS EMPLOYEES. Whoever, by force, intimidation. or threat of procuring dismissal from employment. or by any other manner whatso. ever induces any person employed in the con,tnutson. prosecution. completion or repair of any public buddies. public work. or building or work financed in whole or in part by loans or grants from the I mind 2tatrs. to Bice up any part of the com- pensetion to which he is entitled under his contract of employment. shall be fined not more than 3.1.IX or impri,.oned not more than five yearn, or both. SECTION 2 OF THE ACT OF JUNE 13. 1934. AS AMENDED (48 Slat. 948, 62 Stat. 662, 63 Stat. 108, 72 Stat. 967,40 U S.C.. sec. 276c) The Secretary of Labor shall make reasonable regulations for contrariness and subcontractor, massed in the construction. prosecution, complrtion or repair of public buildings. pnhbc works or buddines or works financed in w hole or in part by bans or grants from the United `tales, including a provision Ihat each contractor and subcontractor shall furnish weekly a tatemrnt with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Bide) shall apply to such statements. ..•x)cx-•• Pursuant to the aforesaid .Anti -Kickback Act. the Serretary of labor, United States Department of Labor. has promub gated the regulations hereinafter set forth. which rnL-ulations are found in Title 29. Subtitle A. Code of Federal Rreu6tions. Part 3. The term "this put," as used in the regulations hereinafter set forth. refers to Part 31ut above mentioned. Said rev, ulatinns are u 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 GRANTS FROM THE UNITED STATES Section 3.l Purpose and scope. This part proscriber "anti.kiekback" rrgulations. under section 2 of the knot June 13. 1931. as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This pan applies In anv contract which is subject to Federal Wass standards and which in for the construction. prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United Sutrs. The pan is intended to aid in the enforcanent of the minimum wage provisions of the Dana -Bacon Act and the various statutes dealing with Federallvaseuted construction that contain similar minimum wage provisions, including those provisions which art not subject to Reorganization Plan No. 14 HUD !4238—S(R) 8-22 I I (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act. and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hoots Standards Act whenever they an applicable to construction work. The pan details the obligation of contractor and subcontractors relative to the weekly aubmarion of statements reread. ing the wages paid on work covered thereby: we forth the circumstance. and procedures governing the making of payroll de. durations from the wages of those employed on such work; and delineates the methods of payment permissible on such work. Section 3.2 Defmitions. As used in the regulations in this part: (a) The terns "building" or "work" generally include construction activity a distinguished from manufacturing, ftunishing of materials. or sernnng and maintenance work. The terms include, without limitation, buildings. structures, and improvements of all types. such as bridges, dams, plants. highways, parkways, streets. subwava, tunnels, sewers, mama, power- dinn, pumping stations, railway., airports. terminals. docks. pin, whaAes. ways. lighthaues. buoys, jetties, breakwater, kvees, and canals; dredging, shoring, scaffolding, drilling. blasting, excavating, clearing, and landscaping. Unlen conducted in Connection with and at the ate of such a budding or work a is described in the forgoing sentence, the manufacture or furnish' ing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, article., supplies, or equipment during the count of the manufacture or furnishing, or owns the materials from which they we manufactured or furnished) is not a "building"or "work" within the meaning of the regulation. in this pan. (b) The terms "Construction." "PICIOCCUtiGn." "Completion," or "repair" mean all tvpeeof work done on a particular building or work at the site thereof. including, without limitation. altering,remodeling. painting and decorating, the transport- ing of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and she manufacturing or (umiehing of materials, articles, supplies. or equipment on the ate of the building or work, by persons employed at the ate by the contractor or subcontractor. (c) The term' "public budding" or "public work" include building or work for whose construction, prosecution, com- pktion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof u in a Federal agenc)?, (d) The term "buil&ng or work financed in whole or in pan by loam or grants from the United States" includes build' ing or work to, whose construction, prosecution, completion. or repair, as defined above, payment or part payment is made directly or indirectly from funds provided by loans or grant, by a Federal agency. The term does not include building or work (a which Federal assistance a limited solely to loan guarantee or ioraince. (e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction. prosecution. Completion. or repair of a public building or public won, or building or work financed in whole arm pan by loam or grant. from the United Stater is "employed" and receiving "wages," regardless of any Contractual relationship alleged to exist between him and the real employer. (f) The term "any affiliated pemn"includes a spouse, child, parent, or other cloy relative of the contractor or sub• contractor; a partner or officer of the contractor of subcontractors a corporation closely connected with the contractor or subcontraeror n parent, subsidies or otherwise, and an off jeer or agent of such corporation. (g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, in- dependent establishments. administrative agencies, and in.tsumentalities of the United States and of the District of Columbia, including Corporations, all or substantially all of the stock of which is beneficially owned by the United State., by the Distinct of Columbia, a any of the foregoing departments. establishments, agencies, and inpeumentahties. ' Section 3.3 Weekly statement with respect to payment of wages. (a) As used in two section. the term "employee" shsg not apply to persone in cla.sifications higher than that of laborer or mechanic and those who are the immediate .upervinrs of such employees 1 8-23 1 Li I C Lull kibit (b) Each contractor or s.beon tractor engaged in the consist¢lion. prosecution, completion, or repair of auv pull is ' build ing or public work. or building or nark financed in wbnle err m part b. luanr or grunts from the United Sl lea. .L:dI furnish each week a-talement with re.pecl to the wages l acid each at it: emplosrei enticed on Mark rosered b. 2_9 CFIt Par to 3 and 5 dung the preceding weekly pan lll perind. I lee. itatl'ritr it hall IK .heated In the contractor or uhron tractor or by an authurbcd officer or employee of the ronlrartor or anh.nutmaor who supervi�cs the �vmr eel of er .., and shall be on to Wil 330. "Stalcnu'ul of Compliance". or on an ide ni ical form on the hack of 1111 3 ti ,,"1'.11 ml! (for Cory • tractors Optional I :ca)" of on any form with identical wording. Sample critics of 1111 317 and All 3411 ma. be obtaiurd horn the Government contracting or µonsonng agency. and copies of Ihr-r (arms may lot purdusd at the Gu.crmnent Printing Offin. ' (c) The requbrmenls of this section shall not Apply to ally contract of 52.000 rc less. (d) Upon a written finding by the head of a Federal agency. the 5ecmtary of Labor may provide re"n able limilal iota variations, tolerances, and exemptions from the regLirements of thit section subject to such conditions as the?crrrtary of Labor may specify. (29 F.R. 93, Jam 4. 1963, as amended at 33 F.R. 101116, July ii, I%0l Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records. ' (a) Each weekly state mens required tinder § 3.3 shall he delis tied by tale conlrerlor or subcontrator. within even days after the regular pa. taint date of the payroll periodd. to a rrjae. ntanve of a Federal or State acrnn in rhanie al the site of the building or work, or, if then is no reprrsr'nlalive of a Fedital or gal• agrnry at the sift of the huildi,•g or work. the a semen I -I tail I.e mailed by the contractor or suborn t ratio r, within such Iimr, to a Federal or Stale a_rnn Contra' t nG t for at financing lie budJ ii'; or work, Afti r such exam notion and .beck ax rise be made, such state mint, or a clips therrnL shall be kept eve ilable, or dull be Iran9m I led t,ge t bcr with a report of any violation, in accordance wit li apphe ahk poured rim prescribed by the United Stales Department of Labor. (h) Each contractor or subcontractor shall pre erve his werlls pas roll records hit a period of Ilea year. (mm date of cumplettun of the contract. ii, pasrull rer0rdc .hall rl out acu.rateiv all cunndrbdv the name and addre.a of reeb Iaiwrrr • and mechanic. his .urea r1 a..ifica lion, rate u( pay, daily slid % eek is limn her a(honrs worked. dcd uctiun. made, and actual wages paid. Such payroll recurd. shall be made availaldr al all tines for incprction b) the contracting officer or Is aol6onrrd represrntatim. and by authorized rtprrseu tative of the Department of Lahr. ' Section 15 Payroll deductions permissible without application to or approval of this Secretary of Labor. Deductions made under time circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor: ' (a) Any deduction made in compliance with the requircmrato of Federal. State. or local law, such as Federal or Stale withholding income Uses and Fedenl social tecurii taxes. (It) Any dedurt ion of sums presiu isv paid to Il c emplu) cc a a horn ride prepay nn n of wag" when such pre� .s. mint is made without diaount or interest. A "btu fide prepayment of w act "is rnmidered to have been nude oohs w bat ca b or its eq u is-altut ba• been ads anced to the person em piovcd in nab manner as to give him complete Ire edotn of di.po-nwu of lb. advanced funds. ' (c) At. deduction of amount. required by enurt procrss to be paid to another. u.Jecs the deduction is in favor of the contractor, subeontrArtor or am t% affiliated per.ot. or when tldlu-ton or collaboration .ills. I I I I 8-24 I 1 d,ibit I (d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employ" or representatives of employees. or both, for the propose of providing either from principal or income, or both, medical or hospital cart, pensions or annurlieson retirement, death benefits, compensation for inlurtes, illness. accidents, sickness. or disability, or for insurance to provide any of the foregoing. or unemployment benefits. vacation pay, savings accounts, or similar payment. for the benefit of employees, their families and dependents: Horded. houvter, Thu the following standards re mel: (1) The deduction 'snot otherwise prohibited b. tar. (2).Ii. a either (ii kbluntanly consented to by the employ" in writing and in advance of the period in which the work a to be done and such consent is not a condition either for the obtaining of or for the continuation of employment or (ii) presided it. m a bona fidr collective barntning agreement be. tween the contractor or .ubcontractor and representatives of its employers. (3) no profit or other benefit is otherwise obtained. directly or indirectly, by the contractor or subcontractor or any dfilnted person in the form of commirron, dividend, or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. (f) Any deduction requested by the employer to enable him to repay loans to or to purchase shares in "edit union. organized and operated in accordance with Federal and State credit union statutes. (g) Any deduction voluntarily autliorned by the employee for the making of contributions to governments] or quasi gavemmental agencies. such as the American Red Coe. (h) Any deduction voluntarily authonsed by the employee for the making of contributions to Community Chew. United Given Funds. and moralist charitable organization.. (i) Any deductions to pay regular union initiation fees and membership dues. not including fines or special assessment.: Rouided, however, That a collective bar"mmg agreement between the contractor or subcontractor and representative. of its employees provides for such deductions and the deductions arc not othen.ise prohibited by law. (j) Any deduction not mute than for the "rra.onablr cost"uf board. bdsioe. or other (atobtles meeting the require. rent. of section 3(m) of the Fav Labor Standard, in of 1918. a• amended. and Put 541 of this title. % hen such a deduction is made the additional records required under § 516. v: la) of this title shall be kept. Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or subcontractor may apply to the Secretary of Labor fur permisron to make any deduction not per- mitted under § 3.5. The Secretary may grant pernos.on whenever he finds that: (a) The contractor, subcontractor. or any affiliated person don not make a profit or benefit diectly or indirectly from the deduction either in the form of a commission. dividend, or otherrsr; (b) The deduction is not otherwise prohibited by law; (c) The deduction is either (I) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona Gale collective bargaining agreement between the contractor or subcontractor and representatives of its employees. and (4) The deduction serves the convenience and interest of the employee. I C 8-25 ' I I L I I C 11- L Section 3.7 Applications for the approval of (lie Secretary of Labor. Any application for the making of payroll dednelione under § 3.6 skull coin ply with the requirements presccilwtd in the following pang aa,hs of this section: (a) The application shall be in writing and shall be addrrsecd to the Secretary of I.bor.. (b) The application shall identify the contract or contracts under which the work in question is to he performed. Per mvaion will be given foe deductions only on specific, identified eon tracts, except upon a showing of exceptional circumsbnces. (c) The application shall state sffinnatisely that them is compliance with the standards x( forth in the provisions of § 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The spplic anion shall include a description of the pro o ed deduction, the purpose lobe served thereby, sold the laws of lahoren or mechanics from whose wages the proposed deauuliun would he made. (e) The application shall state the name and business of any third person to whom any funds obtained (tom the pro- posed deductions are to be transmitted sold the affiliation of web grrwn, if any, with the applicant. - Section 3.8 Action by the Secretary of Labor upon applications. The Secretary of labor shall decide whether or not the requested deduction is prrmoaible under povisions of § 3.6: and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions. Deductions not elsewhere provided fur by this part and which are net found to be prntissible under § 3.6 are prohibibd. Section 3.10 Methods of payment of wage. The payment of wages shall be by rash, neeotisble instruments payable on demand, or the additional forms of compusa- lion for which deductions are permhsaible under this part. No other methods of payment shill be recognized on work subject to the Copeland Act. Section 3.11 Regulations part of contract. All contrsrts made with respect'to the constructinn. prosecution, completion. or repair of any public buildinc or public ' work or building or work financed in whole or in part by loans or grants front the United Stales covered by the regulations in this pan shall expressly bind the contractor or subcontractor to comply with such of the regulations in this put as my be all, pliable. In this regard, see § 5.5 (a) of this subtitle. 1 1 I 1 HUD 038-S(R) ' 8-26 I I I I I I I I I L I I I I I I I Subject Index of General Conditions Section Subject Accident Prevention .................... Additional Bond.................,......,. Additional Instructions I ............... Allowances ................. ............... Anti -Kickback Act ...................... Apprentices..... ...... . ........ •.......... Architect's Authority.................. As si grments................... ........... Bond, Security ........................... Bond, Security, additional ............ Changes in '.York ........................ Claims for Extra Cost................. Completion time ......................... Complaints, Proceedings or Testimolry Condition, Subsurface... ...... Conflicting Conditions ....,..... I...... Construction Schedule ................. Contract Document :.................... Contract Secur-t•: ... I ................... Contractor's Insurance ................ Contract Termination.................. Contractor's Mutual Respcnsibility Contractor's OblLeat1ons.............. Claims and Disputes I....I..... Contracto-'s Title to Materials..... Classifications llot Listed ......... 1. Ccrrec.tion of %vo-k..................... Damages. Liquidates ................... Data, Reports .are'. Rernrl5........... Debarment Breach of Labor Standards Debris Removal ................... I..... Definitions ................................ Detail Drawings ......................... Different Subsurface ................... Discrimination, employment......... Drawings detail.......................... Emergencies .....................I....... y_ Employmcnt Practices ... , .. 0 �F Equal Employment Opportunity.... Estimated Quantities................... Extras... .... ..... . . .. ... .............1111.. Final Payment ........................... Guaranty, general....................... Inspection ............................ 0.... Inspection of Aaterials................ Insurance..... ..... ..... . ... .. . .... .. . . . Lands and Rights -of -Way............. Legal Provisions, Implied............ Liquidated damages ............ I....... Mate rials,.,..,...1111..................... Member of Congress................... Minimum l6'ages......................... Non-discrimination in Employment 44 30 3 36 58. 56. 35 31 29 30 17 22 19 62. 21 41 24 1 29 28 71. 32 11 63. 6 59. 4- 19 15 69. 37 2 3 21 46 13 70. 46 38 18 26 40 14 7 28 39 43 19 47 52 46 Section Notice and Service .....,...11.11........ Obligations of Contractor ............. "Or Equal" Clause ....1..,....11.1...... Overtime Compensation .....I......... Owner's right to terminate ....... 11.. Patents ....................... a... 0......... Payment of Employees ............ ... Payments by Contractor.......... ... Payments to Contractor ............... Payrolls and Rccords Periodic Estimates ..................... Permits, Surveys, Regulations...... Photographs.... ......... Posting Minimum wage rates ........ Prohibited Interests .................... Protection of lives and health........ # Protection of work, property......... Provisions required by law.,.,....... Quantities of Estimate... ...... Questions Concerning Regulations,,.,, Release of Contractor.................. Removal of Debris ...................... Reports, Records and Data........... Responsibility of contractor.......... Right of Owner to terminate.......... Rights -of- tt'ay.......... .................. Schedule of Construction.. ............ Security. ...... Separate contracts ...................... Services, materials, facilities....... Shoo Dra.vir.gs............................ SpecificCoverage ....................... Stated Allowances ....................... Subcontracting ....................... 34 Subcontractor's Insurance............ Subcontractors Ineligible,............. Substitute Bond........................... Subsurface conditions .....1.1..1....... Superintendence by contractor....... Surveys, permits ........................ Suspension of work...................... Termination of contract .......... 23 Testing of Mate rials.................... Time for completion .................... Title to materials ....................... Use and Occupancy...................... Use of Premises ........................I Underpayments of 4fap,es ................. Wages, Minimum ........................ Wage Underpayments ................... Weather Conditions ..................... Withholding of Payments .............. 42 11 8 55. 23 52 27 25 65• 24 10 50 61. 48 44 13 43 38 64. 26 37 15 32 23 39 24 29 35 4 66. 36 and 45 28 67. 30 21 16 10 51 and 71 7 19 6 49 37 53 52 53 12 53 * Anticipated Fringe Benefits......,.. 54 k Employment Prohibited ............... 57 u Fringe Benefits Not Expressed..,.... 60 u Frovisions to be Included............ 69 +* Attachjr.ent to Federal Labor Standards Provisions IMUD -flies (R) 8—27 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SUPPLEMENTAL GENERAL CONDITIONS 1. Enumeration of Plans, Specifications and Addenda 2. Stated Allowances 3. Special Hazards 4. Public Liability and Property Damage Insurance 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 10. Special Conditions HUD.I4238-N(R) (9-56) A. Definitions B. Scope, Nature, and Intent of Contract, Specifications and Plans C. Figured Dimensions to Govern D. Contractor to Check Plans and Schedules E. Staking the Work F. Inspection G. Protection of Public Utilities H. Use of Explosives I. Danger Signals and Safety Devices J. Sanitary Conveniences K. Privileges of Contractors in Streets L. Sunday, Holiday and Night Work M. Owner's and Engineer's Protective Liability Insurance 11. Federal Labor Standards Provisions 8-28 I. ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA Following are the Plans, Specifications and Addenda which form a part of this contract, as set forth in Paragraph 1 of the General Conditions, "Contract and Contract Documents": DRAWINGS General Construction: Heating and Ventilating: Plumbing: Electrical: SPECIFICATIONS: General Construction: (Detailed) Heating and Ventilating: Plumbing: Electrical: General: Street and Nos. 1 through 17 " Page 17-1 to 17-26, incl. " to , incl. to , incl. to , incl. to , inc1. Drainage Improvements - It 16-1 to 16-2 fncl. ADDENDA: No. Date No. Date No. Date No. Date 2. STATED ALLOWANCES - NONE. 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) $ 8-29 I I I I I I `l I I 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: Blasting. 4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY, AND PROPERTY DAMAGE INSURANCE SEE NOTE BELOW. 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 $ 200,000.00 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 $ 500,000.00 on account of one accident, and Contractor's Property Danage Insurance in an amount not less than Z10°'°°°°° 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 I As provided in paragraph 50 of the General Conditions, the Contractor will furnish photographs in the number, type, and stage as enumerated below: I I I I C I NOTE I None required. 6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY WAGE RATES AS RE- QUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS Given on Pages 4-1 1 4-2 and 4-3 7. BUILDER'S RISK INSURANCE As provided in the General Conditions, paragraph 28(e), the Contractor tfhl/will not" maintain Builder's Risk Insurance (fire and extended coverage) on it :;t 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. In accordance with Arkansas law, insurance shall be issued by a resident Arkansas agent licensed by the State Insurance Department of the State of Arkansas; or, if issued by an out-of-state agent, such insurance or certificates shall be endorsed or.countersigned by a resident Arkansas agent. Insurance companies underwriting the required insurance shall be licensed in Arkansas. I 8-30 I I 8. SPECIAL EQUAL OPPORTUNITY PROVISIONS L. 1 I UI I U C C I L I I I I I [1 I A. Activities and Contracts Not Subject to Executive Order 112716, 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: Cl) (2) (3) 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. 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. 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. I 8-31 (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. (14 The Contractor will comply with all provisions of Executive Order 1121;6 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 112146 of September 21,, 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 Goverment con- tracts or federally assisted construction contract procedures authorized in Executive Order 112146 of September 214, 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 2014 of Executive Order 112146 of September 214, 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 I I 8-32 , I D. 'Section %" C z ].i.:?ce in the Provision of Trainine. mnlo, ant and Business OcDor � iris tic 5 : During the performance of this contract, the contractor agrees as follows: (1) The contractor agrees to comply with the reeuirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC l70(u), as amended the HUD regulations issued pursuant thereto at 21.4 CFR Part 135, and any appli- cable n;les and orders of HUD issued thereunder. (2) The "Section 3 clause" set forth in 2!, CFR 135.20(b) shall form part of this contract, as sat 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!1 CFR 135.20(b) A. The work to be performed under this contract is on a prof.:ct nnsisted un- D. The contractor will include !nelude this der a, pro ram .-r;siding c;rxt :'adgral section 3 clause In every subcontract for &,anclal . v'stnrce from inc :.' part- work in ttan wish the project and the di ment of Housing and Urtan Develop- will, at drection of the applicant menu and is sub;ect to the reiuiremens for or recipient of Federal donne aa- ' of section 3 of � s Housing and Urban alstance, take appropriate action purau- Development Act of 1563, u amended, 13 ant to the subcontract upon a finding U.S.C. 1701u. Section 3 requires that to that the subcontractor H in violation of the greatest extent feaatbk npportuni- regulations issued by the Secretary of ties for tra!n:na and emojoyment he Housing and Urban Development. 24 given lower income retid_nta of the CFR The contractor will not sub- project scan o.rd ccntru;tz for work In contract with any subcontractor where ccnrectia:f with the project he asrarded it has noti^o or knowledge that the latter to bunters concerns whie:h are ioeatad has been found in violation of no - In, or owned in but•.,tantial gist by per- um under 24 CFR -- and win not sans residing !n the am of the project, let any subcontract unless the subcon- B. The partnts to this contract will tractor has drat rrovided it with a pre - comply with the .'routsof liminary statement of ability to comply the Iona said see- with the requirements of these regu- tion 3 sod t.,e regulations Luued purse- latlons. ant thereto by the secretary of Housing E. Compliance with the provisions of and Urban Deveicmnent set forth in 26 section 3. the reRu'atlons set forth in 24 CFR and all applicable rules and CFR a"d all applicable rules and orders of the Department issued there- orders of the Department Issued there- under prior to the execution of this con- under prior to the execution of the con- tract. The partl•s to this contract certify tract, shall be a condition of the Federal and agree that they are under no con- financial assistance provided to the proj- tractual or other disability which could set, binding upon the applicant or reclp- prevent them from complying with these lent for such assistance. Its successors, requirements. and eadgns. Failure to fulfill these re - C. 'The contractor will &end to each Ia- qulremens shall subject the applicant or bar ora'nizatlon er reprer-entative of recipient. Its contractors and subcontrae- workers with which he has a collective tors, Its successors. and assigns to those bargaining agreement or other contract sanctions specified by the grant or loan or understanding, If any, a notice adults- agreement or contract through which Ing the said la"or organization or work- Federal assistance Is provided, and to en' renresentellve of his commitments such sanctions as are specified by 24 under this section 3 clause end shad poet CFR —.138. copies of the notice In conepicuoua places available to employees and applicants for employment or training. i I H 9. I I I 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, 142 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 140 CFP. 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 40 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of ' Section 1114 of the Clean Air Act, as amended, (L42 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. I I I I I I I (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 (14) 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 8-34 I I- 10. SPECIAL CONDITIONS A. DEFINITIONS In addition to the Definitions as given in Section 2 of the General Con- ditions, 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 words "Community Development Program," or "Community Development Block Grant Program" shall mean the governmental unit responsible for adminis- ' tering the Community Development Program in the City of Fayetteville, Arkansas. The word "Director" shall mean the director of the Community Development Program. The word "Owner" shall mean the City of Fayetteville, Arkansas. The word "City" shall mean the City of Fayetteville, Arkansas, under whose auspices this work is being done. ' The word "Mayor" shall mean the Mayor of the City of Fayetteville. The words "Board of Directors" shall mean the Board of Directors of the City of Fayetteville, the governing body of said city. The words "City Clerk" ' shall mean the City Clerk of the City of Fayetteville, Arkansas. The words "City Engineer" shall mean the City Engineer of the City of Fayetteville. The words "Water Superintendent" shall mean the Water Superintendent of the City of Fayetteville, Arkansas. The word "Engineer" shall mean McGoodwin, Williams and Yates, Inc., Consulting Engineers, Fayetteville, Arkansas, who have been employed by the Owner for t 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. The words "Bid" or "Proposal" are used interchangeably in these specifi- cations, and shall mean the documents provided in these specifications for submission of bids by contractors bidding on the work. Wherever the letters "ASTM" are used, they shall mean the American Society ' for Testing Materials. The letters "AWWA" shall mean the American Water Works Association. The letters "AASHO" shall mean the American Association of State Highway Officials. The letters "NEMA" shall mean the National Electrical 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 judgment 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 ' 8-35 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 had 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 construction 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. ' 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 full size drawings shall be followed in pre- ference 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 pro- vided for representatives of the Owner, the Public Health Service and the Arkansas 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 1 ' 8-36 I 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 con- strued 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 insurance 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 main- tain such equipment 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 additional cost for all the material and labor necessary to support, 1 8-37 1 L 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 ' such structures being on the line of the work, whether or not such structures are shown on xhplansq_ H. USE OF EXPLOSIVES I I I I I LI I I Li I I L_1 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 of 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. I. DANGER SIGNALS AND SAFETY DEVICES The Contractor shall take 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. J. 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 from a safe source approved by the Arkansas Department of Health. Water shall be delivered to workmen through an approved water spigot or angle jet fountain, and the use of a common drinking cup will be prohibited. I I ' K. PRIVILEGES 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 wherever 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. L. SUNDAY, HOLIDAY AND NIGHT WORK ' No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., nor on Sundays or legal holidays, except work as may be necessary for the proper care and protection of work already performed, or in case of any emergency, and in any case only with the written permission of the Engineer. It is understood, however, that night work may be established as a regular I. procedure by the Contractor if he first obtains the written permission of the Engineer, and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night an adequate force and equipment for reasonable prosecution and supervision of the work. M. OWNER'S AND ENGINEER'S PROTECTIVE LIABILITY INSURANCE ' The Contractor shall indemnify and save harmless the Owner and Engineer from and against all losses and claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or ' recovered against him by reason of any omission or act of the Contractor, his agent or employees in the execution of the work or in the guarding of it. The Contractor shall obtain in the name of the Owner and Engineer and I. shall maintain and pay the premiums for such insurance in an amount not less than $100,000/$500,000 limits, and with such provisions as will protect the Owner and Engineer from contingent liability under this contract. The cost of this insurance is not an item whose cost will be participated in by the Federal Government. Therefore, if required, the Contractor shall furnish the Owner a cost breakdown. I I ' 8-39 I I I LJ I I I I I I HUD•4010 ' (76) - - 2. U.S_ DE.EA71`T..W NAT OF MOUSING AND -URBAN DEVELOPMENT CQ%MUNP Y DEWELQP*EKT BLOCK GRANT PROGRAM FEDERAL LABOR STANDARDS PROVISIONS The Project or Program to which the work covered by this Contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assist- ance. NIIMIUM-WAGr-RATES FOR LABORERS AND MECHANICS All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regula- tions issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti -Kickback Act hereinafter identified), the _fall amount due at time of payment computed at wage rates not less 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 secures 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 on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contribu- 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. ' 3• UNDERPAYMENTS OF 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 I. Page 1 of 13 Pages 8-40 I Agency or Public Body may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may ,e 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. 4. ANTICIPATED COSTS OF FRINGE BENEFITS If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract: Provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor 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. 5. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY 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 watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such work week, as the case may be. (b) Violation: liability for unpaid wages liquidated damages. In the event of any violation of the clause set forth in 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 Page 2 of 13 Pages HUD -4010 (2-76) 8-41 I I I L L_ C I L [1 I I [_1 l I H I I I I I I I LI I ri C Li I I I 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). (c) Withholding for liquidated damages. The Local Public Agency or Public Body shall withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liqui- dated_damages as provided in the clause set forth in paragraph (b). (d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 6.-EMPLONT OF APPRENTICES/TRAINEES a. Apprentices will be permitted to work at less than the prede- termined rate for the work they performed when they axe em- ployed and individually registered in a bona fide apprentice- ship program registered with the U. S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in 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 allowable ratio of apprentices to journeymen in any craft classi- fication shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to Page 3 of 13 Pages 8-42 HUD -4010 (2-76) I 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 ratios and wage rates (expressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination, ' b. Trainees. &cept 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. c. Ecual P�tplovment Opporttfnity. 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. 1 Page 4 of 13 Pages 1 8-43 HUD -4010 (2-76) ' I I 7. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall ' be employed on the work covered by this Contract. 8. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT" ' The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the ' Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti Kickback Act" of June 13, 1934 (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874: and Title 40 U.S.C., Section 276c), and any amendments or modifications thereof, shall cause appropriate ' provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the require- ments thereof. ' 9. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION ' Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the ' Local Public Agency or Public Body, and a report of the action 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. ' 10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The Local Public Agency or Public Body shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or ' mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. ' In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of ' Labor for determination. Page 5 of 13 Pages ' HUD -4010 (2.76) 8-44 11. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS ' The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classification of laborers 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. 12. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards appli- cable under this Contract to his employer. 13. CLAIMS -AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. fly. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS 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 Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) 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. 15. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be Page 6 of 13 Pages HUD -4010 (2.76) 8-45 , I I I I I I I I [] I I 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 l(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor or subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the, laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Contractor and each subcontractor shall make his employment records with respect to 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. ' 16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES ' The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site ' of the Project or Program to which this Contract pertains by 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 these Federal Labor Standards Provisions are applicable. I I I 17. INELIGIBLE SUBCONTRACTORS The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted Page 7 of 13 Pages 8-46 HUD•4010 (2-76) C J 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. 18. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS ' 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. 19. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions.may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. I L H I I I I Page 8 of 13 Pages ' 8-47 HUD -4010 (2-76) I I I I I I H I I I L I Li I HUD -4010.1 (2.76) ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR,.. UNITED STATES DEPARTMENT OF LABOR TITLE 18, U.S.C., section 874 (Replaces section I of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C., sec. 276b) pursuant to the Act of June 25, 1948, 62 Stat. 862) KICKBACKS FROM PUBLIC WORKS EMPLOYEES Whoever, by force, intimidation, or threat of procuring dismissal from employment. or by any other manner whatso- ever induces any person employed in the construction. pmseeution, completion or repair of any public building, public work, or building or work financed in whole. or in part by loans or grants from the United States, to give up any part of the com- pensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both. SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948,62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40 U.S.C., sec. 276c) The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a prevision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title l8 (United States Code) shall apply to such statements. ---xxx--- Pursuant to the aforesaid Anti -Kickback Act, the Secretary of Labor, United States Department of Labor, has promul- gated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations, Part 3. The term -`this part," as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said reg. ulations are 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 W WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES Section 3.1 Purpose and scope. This part prescribes "anti -kickback" regulations under section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum wage previsions of the Davis -Bacon Act and the various statutes dealing with Fe.derallvassisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 I ) Page 9 of 13 Pages ft I C C (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the ' enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The pan details the obligation of contractors and subcontractors relative to the weekly aubmissmn of statements regard ing the wages paid on work covered thereby: sets forth the circumstances and procedures governing the making of payroll de- ductions from the wages of those employed on such work: and delineates the methods of payment permissible on such work. Section 3.2 Definitions. As used in the regulations in this pan: (a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains. power- lines, pumping stations, railways, airports, terminate, docks, piers, wharves, ways, lighthouses. buoys,letties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnish. ing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment during the course of the manufacture or furnishing. Drowns the materials from which they an manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this pan, (b) The terms "construction," "prosecution," "completion," or "repair" mean all types of work done on a particular building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transport. ing of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work, by per ns employed at the ate by the contractor or subcontractor. (c) The terms "public building" or "public work" include building or work for whom construction, prosecution, cons. pletion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a Federal agency. (d) The term "building or work financed in whole or in part by loans or grants from the United States" includes build- ing or work for whose construction, prosecution, completion, or repair. as defined above, payment or part payment is made directly or indirectly from funds peo. ided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance 6 limited solely to loan guarantees or insurance. (e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution. completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants from the United States is "employed" and receiving "wages." regardless of any contractual relationship alleged to exist between him and the real employer. (f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or sub. contractor; a partner or officer of the contractor or subcontractor: a corporation closely connected with the contractor or subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation. (g) The term "Federal agency"means the United States, the District of Columbia, and all executive departments, in- dependent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which i beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities. Section 3.3 Weekly statement with respect to payment of wages. (a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer or mechanic and those whore the immediate supervisors of such employees. r , Page 10 of 13 Pages 8-49 HUD -1010.1 (2.76) I1 I 1 4 r � 1 (Ii) Earl i contractor or sub contractor engaged in ii,,, construction, prosecution, coin I let inn. or repay of a ny poi bl ie brdlding or pnlilic work, or building or work financed in whoh• or in part by loans or grunt; from IIit- I'nited States, sl all famish rack week a sLulesnrait with respect to the wages paid each o1' it. CutIduvres engaged on work I ovcrvd by 29 Cf It l':uts 3 and 5 during the Inesrding weekly payroll period. This slat, meat shall be ex.rtdrd by the contractor or vsbrou. - tractor or by an aLLhonzvd of firer or employer of tIn, contractor or ulicn'it ractor who sitpervises Ibe pa%nwnt of wages, and shall lie on form 1\'l l 318. " Statanent of Compli:wce', or on an identical form on Ilse hack of \'It 3.17, "I'ayndl (For Con- tractors 0ptiouat so:)" or oil am form will' identical wording, Sam; de copies of p'I I :I17 and WI 13111 may be rit, Cur i d iron ' the Government contracting or sponsoring agrnry, and copies of Iherr forms nmv he purchaa d at the Gover mn`enl Printing Office. (c) The requirements of this section shall not apply to am contract of $2,000 or less. ' (d) Upon a written finding by the head of a Federal agency, the Secretary oilaluor may provide rcaarnalt lc limitations, variations, tolerances, and exem pl inns from the requirements of tip - section subject to such conditions as the Secretary of Labor in specify. 129 Fit. 95, Jan. 4. 1964. as amended at 33 F.R. 10186, July 17, 19681 Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records. (a) Each weekIy statement required under § 3.3 shall be delivered by Ibe contractor or subeontracIce, within seven days after the regular payment dale of the payroll period, to a rcprrsenlativc of a Federal err State agimr3 in cltaro • at tht site of the building or work, or, if there is no representall vc of a Federal or State agency al the site of the building or work, the at tematl shall lie mailed by the contractor or snbcou tractor, within such time, to a Federal or Stile agency contr:uaiug for or financing ti,, building or work. After such exam i'tat ion and chock as nrav be mode. slit: r statement. or i copy Ibrn•o(, shall be kept available, or shalI Ise Iransnrit led logelbcr with a report of any viola)ion, in accordance with applicable proved .na prescribed by the United States Department of L ahor. (b) Each contractor or subcontractor shall prevrre his weekly payroll records fur a period of thn:e: years from date of completion of [lie contract. The payroll records shall set out act nrut ely and co uplvtidy the name and address of earls laI or,, and mechanm, his turret t classification, rate of pay, daily and weekly number of hours worked, deductions made, and neural wages paid. Such payroll records shall be made available at all limes for inspection by the contracting officer or his ant boozed represent: Live, and by aul horized represru tat ivtt of the Department of Labor. Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Libor. Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor: (a) Any deduction made in compliance with the rnp,irernrnls of Federal. Stale, or local law, such as Federal or State withholding income taxes and Federal social security taxes. ' (b) Any deduction of sums previously paid to Ihecmployce as a hung fide pmjpay neat of wages when such ppi e is made without discount sir interest. A 'ho pa fide prepayment of wages is considered to have been made evil% w hell rash or its egiiivairia has bless advanced to the person employed in such manner as to give 1.1 in complete freedom of dislositwu of the advanced funds. (c) Amp deduction of amounts required by court process to be paid to another, unless Ibe deduction is in favor of the contractor, subcontractor or any affiliated person, or when collusion or collaboration exists. C I Page 11 of 13 Pages I F;at.1 HUD -4010.1 (2-76) I I H I (d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the propose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries- illness, accidents, sickness. or disability. or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependent: Provded, however, That the following standards are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement be- Iween the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained, - duectly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or otherwise: and (4) the deductions shall serve the convenience and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. ' (f) .Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions organized and operated in accordance with Federal and State credit union statutes. (g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi- governmental agencies, such as the American Red Goss. (h) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds, and similiar charitable organizations. (i) Anv deductions to pay regular union initiation fees and membership dues, not including fines or special assessment: Provided, hou ever, That a collective bargaining agreement between the contractor or subcontractor and representatives of its employers provides for such deductions and the deductions are not otherwise prohibited by law. (j) Anv deduction not more than for the "rrasonabk cost"of board, lodging, or otter facilities meeting the require. ments of r ction :l(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction is made the additional records required under § 51621 (a) of this title shall be kept. Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not per - milled under § 3.3. The Srcretary may grant permission whenever he finds that (a) The contractor. subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission, dividend, or otherwise; (b) The deduction is not otherwise prohibited by law; , (c) The deduction is either (1) voluntaril consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; and (d) The deduction ervrs the convenience and interest of the employee. I Page 12 of 13 Pages 8-51 HUD -4010.1 (2-76) 1 I n J 1 I I I 1 I LI Section 3.7 Applications for the approval of the Secretary of Libor. Any application for the making of payroll lei] ictimis under § 3.6 shall comply with Ilie requircmcnts prt,cribed in the folio wing paragraphs of this section: (a) The application shall he in writing a.3 shall he addressed to the Secretary of I.al or. (h) The applied ion shall identify the cool rod or contracts ender whirl the work in question is to be performed. Per mission will be given for deductions only on specific, identified contracts, C crpt upon a shawiug of ea cep lineal ciruunstanres. (c) The application shall state affirmatively That there is compliance with the standards scj ford, in the provisions of § 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shall include a description of the proposed deduction, the purpose to be served thereby. and the classes of Lalnurers or mrehanies from whose wages the proposed deduction would be made. (e) The application shall state the name. and business of any third ,er..on to whom our funds obtained from the pro- posed deductions are to he transmitted and the affiliation of such person, if auv, with lbe applicant, Section 3.8 Action by the Secretary of Labor upon applications. The Secretary of Labor shall decide whether or not the requested deduction is permis'ible under provisions of § 3.6; and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions. Deductions not elsewhere provided for by this part and which are not found to be permissible under § 3.6 arc prohibited. Section 3.10 Methods of payment of wages. The payment of wages shall be by cash, negotiable instruments parable on demand, or the additional forms of cmnpcnsa- lion for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. Section 3.11 Regulations part of contract. All contracts made with respect to the construction, prosecution, completion. or repair of any public building or public 1 work or building or work financed in whole or in part by loans or grants from tilt United States covered by for regulations in this part shall expressly bind dm contractor or subcontractor to comply with such of the regulations in this part as may he ap- plicabie. In this regard, see § 5.5 (a) of this subtitle. n 1 E I Page 13 of 13 Pages 8-52 MUD -4010.1 (2-76) ¢ U S. mytRNnINT ?PI?ING OFFICE 1976-2 t0-966/204 I _ G E N E R A L S P E C I F I C A T I O N S STREET AND DRAINAGE IMPROVEMENTS ' The following specifications are hereby by reference made a part of the General Specifications. These specifications are contained in the "Standard Specifi- cations for Highway Construction," Edition of 1978, published by the Arkansas ' State Highway Commission. The page numbers given below refer to pages in these "Standard Specifications for Highway Construction." These specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas. Earthwork and Site Preparation, Part 200 Page No. ' Clearing and Grubbing, Section 201 63-67 Removal and Disposal of Structures, Section 202 . . . . . . . 68-69 ' Moving Minor Obstructions, Section 203 69-70 Removing Old Culverts, Section 204 70-72 Removal of Existing Bridge Structures, Section 205 . . . . . 72-73 ' Fence Moved and Reconstructed, Section 208 . . . . . . . . . 78-79 Excavation and Embankment, Section 210 81-92 Subgrade, Section 212 . . . . . . . 94-97 Shaping Roadway Section, Section 213 . . . . . . . . . . . . 97-98 Widening Roadway Section, Section 214 99-100 Bases and Granular Surfaces, Part 300 ' Crushed Stone Base Course, Section 306 114-117 Bituminous Pavement, Part 400 Prime and Tack Coats, Section 401 150-153 Materials and Equipment for Bituminous Surface ' Courses, Section 403 .. . . . . . . . . . . . . . .. . 157-165 Asphaltic Concrete Hot -Mix Surface Course, Section 408 . . . 174-177 Materials and Equipment for Hot -Mix Bituminous ' Binder and Surface Courses, Section 409 . . . . . . . . . 177-188 Construction Methods for Hot -Mix Bituminous Binder and Surface Courses, Section 410 . . . . . . . . . 188-195 Rigid Pavement, Part 500 Portland Cement Concrete Pavement, Section 501 . . . . . . . 205-239 ' Approach Slabs and Gutters, Section 504 . . . . . . . . . . . 246-248 Portland Cement Concrete Driveway, Section 505 . . . . . . . 248-249 ' Incidental Construction, Part 600 Maintenance of Traffic, Section 603 . . . . . . . . . . . . . 254-258 I 16-1 rT I I I I I I H H I I I U I I 1, C Pipe Culverts and Storm Drains, Section 606 . . . . . . . . . Manholes, Drop Inlets and Junction Boxes, Section 609 . . . Manholes, Drop Inlets and Junction Boxes Adjusted to Grade, Section 610 . . . . . . . . . . . . . . . . . Pipe Underdrains, Section 611 . . . . . . . . . . . . . . Concrete Walks and Steps, Section 615 Curbing, Section 616 Seeding, Section 620 Solid Sodding, Section 624 Removing and Replacing Topsoil, Section 626 . . . . . . . . Structures, Part 800 Page No. 262-270 275-278 278-279 280-283 294-296 296-299 303-308 317-319 322-324 Excavation and Fill, Section 801 . . . . . . . . . . . . . . 361-367 Concrete for Structures, Section 802 . . . . . . . . . . . . 367-425 Reinforcing Steel for Structures, Section 804 . . . . . . . 427-431 Riprap, Section 816 . . . . . . . . . . . . . . . . . . . 536-543 16-2 I Li I I I] I I The work consists of improvements to existing streets in the City of ' Fayetteville, some of which are presently paved and others unpaved. The following includes the items of work which may be required: site preparation, clearing, excavation and fill, curb and gutter, place- ' ment of SB-2 base course, placement of hot -mix asphalt, construction of sidewalks, driveways, Portland cement concrete pavement, construc- tion of various drainage structures, storm drains, culverts, top - soiling, seeding and mulching. The plans and the Detailed Specifi- ' cations indicate the kinds and quantities of the various amounts of work required in each specific location. The particular streets involved are listed below. CONTRACT SECTION I (1) Sidewalk along the west side of Garland Street. (2) Sidewalk along the north side of East 6th Street from Wood Avenue to a point approximately 140 feet west of South Washington Avenue. (3) Sidewalk and curb along the north side of East 7th Street from Wood Avenue to South College. CONTRACT SECTION II ' The following streets in the Kenwood Addition to the City of Fayetteville: (1) Montgomery Street, including access road. (2) Alta Street. ' (3) Greenwood Street. (4) Irene Street. I. CONTRACT SECTION III Sligo Street from Ashwood Avenue to Vale Avenue. ' CONTRACT SECTION IV Sycamore Street from Gregg Street to Woolsey Street. 17-1 DETAILED S P E C I F I C A T I O N S STREET AND DRAINAGE IMPROVEMENTS Community Development Block Grant Program City of Fayetteville, Arkansas DHUD Project No. 7701 -ST Plans No. Fy-70 Dated September 1979 1. SCOPE OF THE WORK. The work to be done under this contract shall include the furnishing of all materials, tools, equipment and supplies, and the per- formance of all labor necessary to construct the work as follows: I I I I I U S S I I 2. GENERAL SPECIFICATIONS. The General Specifications shall govern and con- trol all work to which, in the opinion of the Engineer, they apply. Since these said preceding specifications are general, they may in some cases refer to work and conditions not found on this project, in which case such nonappli- cable stipulations will have no meaning in this contract. In case of conflict between General and Detailed Specifications, the Detailed Specifications shall govern. 3. COMPLETION TIME AND LIQUIDATED DAMAGES. The Contractor shall complete the work provided for within one hundred eighty (180) calendar days from the date set out in the Notice to Proceed. However, it is anticipated that, due to the nature of the work and the type of weather usually encountered in Northwest Arkansas during the winter months, a "Stop Work" order will be issued on or around December 15, 1979, and contract time will not be charged until a "Start Work" order is issued, on or around April 15, 1980, at which time the contract time will again be resumed. Liquidated damages shall be one hundred dollars ($100.00) per day for each calendar day of delay in completion beyond the time stipulated herein and provided for in the contract. 4. SAFETY AND HEALTH REGULATIONS AND CONTRACT REQUIREMENTS. Although the Engineer and his personnel may recognize safety hazards and in such case will require that changes be made to reduce or eliminate the hazards, the Engineer by such action does not take the responsibility as safety engineers for the Contractor. Neither does such action indicate that the Engineer or his personnel are trained safety engineers. It means only that a specific safety hazard has been recognized in the ordinary course of engineering inspection of the technical aspects of the work being done, and such hazard has been called to the attention of the Contractor. The provisions covering safety standards and accident prevention as set out in the General Conditions are particularly called to the attention of the Contractor. In order to protect the lives and health of his employees under the contract, the Contractor shall comply with all pertinent provisions of the "Manual of Accident Prevention in Construction" issued by the Associated General Con- tractors of America, Inc., and shall maintain an accurate record of all cases ' of death, occupational disease and injury requiring medical attention or causing loss of time from work arising out of and in the course of employment on work under the contract. The Contractor alone shall be responsible for the safety, ' efficiency and adequacy of his plant, appliances and methods and for any damage which may result from their failure or their improper construction, maintenance or operation. ' Any safety procedures initiated by the Engineer shall not be construed as supervision of the Contractor's work force, 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 the contract, and the 17-2 C I I1 [_] 1 I I 1 1 I I C LI Contractor's insurance and performance bond, and cannot be the responsibility of the Engineer. Insurance coverage required on the project is given in Section 28 of the General Conditions and in the Supplemental General Conditions. Particular attention is called to the requirement of contractors to withhold state income taxes on wages paid. 5. QUALITY OF THE PLANS. The plans have been made with care, but cannot be expected to be correct in every detail when some of the conditions to be encountered are underground, or are not shown on existing maps. The location of the existing water, sewer and gas service lines are shown as approximate only, as their exact locations are difficult to determine. The Contractor shall work in close cooperation with the City and utility companies' operating personnel in locating these lines in advance so as to reduce damage to the lines resulting in disruption of service and added costs to the Contractor. The City of Fayetteville reserves the right to make normal changes in location or grade of the work as will facilitate construction, provide for better service, or reduce the construction costs to keep within the monies provided for this work. 6. ELEVATION DATA. Elevations shown on the plans are referenced to bench marks at the construction sites, and are based on U. S. Coast and Geodetic survey elevations. 7. LANDS AND RIGHTS OF WAY. The work is to be constructed on dedicated streets in the City of Fayetteville and on Arkansas State Highway rights of way. The Owner will obtain any permits required from the Arkansas State Highway and Transportation Department, and no deposit will be required from the Contractor. 8. CONTINUING RESPONSIBILITY OF CONTRACTOR. The Contractor shall be respon- sible for faulty materials and workmanship, and, unless otherwise specified, he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom which shall appear within a period of one (1) year from date of substantial completion. The Owner shall give notice of observed defects within reasonable promptness. All questions arising under this article shall be decided by the Engineer, subject to arbitration. Also see Section 20 of these Detailed Specifications. 9. PAYMENT. Methods of payment provided for in the General Specifications are in some cases superseded by specific conditions set out in the Proposal and these Detailed Specifications. In such cases, the provisions of the Proposal and these Detailed Specifications shall apply. 10. PAYMENT FOR EXTRA WORK. Whenever work is required which is not provided for under these plans, specifications and contract, or work which is not in keeping with the general work for which there are unit prices, the Contractor shall perform the work as directed by the Engineer and shall receive as 17-3 I I I 1] [] I I I I I I I I I I 15. SAMPLES AND TESTS. ' in the specifications, made at the expense of General Conditions. 1 compensation therefor the total cost of the work based upon the actual Con- tractor's expense, plus 15 percent for overhead and profit. Such expense shall include insurance and bonds, but shall not include overhead of any other nature. No extra work shall be performed except upon the written order of the Engineer. 11. NOTICE TO PROCEED. After the contract bonds have been furnished to the City of Fayetteville and the contract has been executed, the Engineer will issue a Notice to Proceed designating the date the work will begin. Such Notice to Proceed will be issued so that the Contractor may commence work within thirty (30) days of the date of the signing of the contract. By mutual agree- ment between the Engineer and the Contractor, commencement of work may be delayed beyond said thirty day period, if there is a delay in obtaining of materials, equipment, or right of way, or other factors beyond the control of the Contractor or the City of Fayetteville. 12. PROVISIONS FOR COMPETITIVE BIDDING. In some instances, details or notes refer to one manufacturer's equipment. It is the intent of the plans and specifications that equipment or materials of equal quality supplied by other manufacturers which meet the same performance standards will be approved, provided that the cost to the City of Fayetteville will be no greater in extra concrete, piping, grading, etc., for items which are to be furnished at a unit price. 13. UTILITY SERVICES. Throughout the area to be improved there are located utility services, some of which may require possible relocation. It shall be the Contractor's responsibility to assist the owners of the various utilities in the locating of water service lines and meters, gas service lines and meters, and telephone and power poles that may require relocation. If in the opinion of the utility owner, water meters, gas meters, service lines or other facilities such as telephone or power poles need relocation, then the relocation of same will be done by the owner of the utility. The Contractor shall cooperate with the owners of the various utilities during the relocation of facilities so that the owners of the utilities will have adequate time and working room to relocate the facilities. 14. SOURCE OF SUPPLY. The Contractor shall not start delivery of materials until the Engineer has approved the source of supply. Only materials con- forming to the requirements of these specifications shall be used in the work and such materials shall be used only after written approval has been given by the Engineer and only so long as the quality of said material remains equal to the requirements of the specifications. The Contractor shall furnish approved materials from other sources if, for any reason, the product from any source at any time before commencing or during the prosecution of the work proves unacceptable. After approval, any material which has become damaged during its delivery and handling shall not be used in the work. Where, in the opinion of the Engineer or called for tests of materials are necessary, such tests shall be the Contractor, unless otherwise provided in the I 17-4 I All samples called for in the specifications or required by the Engineer shall be furnished by the Contractor and shall be submitted to the Engineer for his approval. Samples shall be furnished so as not to delay fabrication or io constructn, allowing the Engineer reasonable time for the consideration and testing of the samples submitted. Tests, unless otherwise specified, are to be made in accordance with the latest standard methods of the American Society for Testing Materials. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not use the materials represented by the samples until tests have been made and approved by the designated Engineer or testing laboratory. The Contractor shall, in all cases, furnish the required samples without ' charge. All tests shall be made by a laboratory approved by the Engineer and the Owner. 16. SEQUENCE OF THE WORK. The work shall be carried on as desired by the Contractor, subject to the approval of the Engineer. Immediately after execution and delivery of the contract, and before the first partial payment is made, the Contractor shall deliver to the Engineer an estimated construction progress schedule in form satisfactory to the Engineer, 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. I I I Li I I I 17-5 I 17. MATERIALS OF CONSTRUCTION - STREET AND DRAINAGE IMPROVEMENTS. IA. General. The materials hereinafter described shall be used in the construction of streets and drainage improvements. ' B. Crushed Stone Base. Crushed stone base material shall be Class SB-2 in conformity with the gradation and hardness requirements as set forth under Section 306, page 114, of the 1978 Edition of the Arkansas State ' Highway Department Standard Specifications. SB-2 shall also be used for bedding and backfill around drainage pipes and structures. C. Prime and Tack Coats. Prime coat material shall be Grade MC -30 as ' set forth in Table II on page 160, and tack coat material shall be Grade SS -1 as set forth in Table III on page 161, both in the 1978 Edition of the Arkansas State Highway Department Standard Specifi- ' cations. D. Asphaltic Concrete Hot -Mix Surface Course. The hot -mix asphalt surface ' course shall conform in composition to the weights and gradation of Type 2 asphalt as set forth under Section 408, page 174, of the 1978 Edition of the Arkansas State Highway Department Standard Specifi- cations, using asphalt cement, Grade 60-70. ' E. Portland Cement Concrete. Concrete used in the construction of curb and gutter, headwalls, wing walls, drop inlets, sidewalks, driveway ' and concrete pavement shall comply with the gradations and proportioning set forth for Class A concrete under Section 802 on page 367 of the 1978 Edition of the Arkansas State Highway Department Standard Specifications, ' with 5 percent ±1 percent air entrainment added at the plant. F. Reinforcing Steel. All reinforcing steel used on this project shall conform to the requirements of ASTM A 615 as set forth under Section 804, ' page 427, of the 1978 Edition of the Arkansas State Highway Department Standard Specifications. ' G. Fencing. The fencing used to replace any existing fences which may be relocated shall be either chain link fencing or Type C fence as set out in Section 614, page 288, of the 1978 Edition of the Arkansas State Highway Department Standard Specifications, whichever type is existing 'prior to construction. H. Reinforced Concrete Pipe. All concrete pipe, of the various sizes shown Ion the plans, used for laying storm sewers shall be reinforced concrete pipe with rubber gasket joints. It shall be constructed in accordance with ASTM C 76, reinforced, Class III concrete pipe. I. Topsoil. Topsoil shall consist of material stripped and stockpiled from the limits of roadway construction, if available, or of satisfactory material furnished by the Contractor. Topsoil shall be free of all ' large rocks, excessive vegetative material, or other debris which would cause the topsoil to be unsuitable. I Hi 17-6 I J. Seed. Seed shall be in conformance with Group I (based on the time of application) as set out in Section 620 on page 303 of the 1978 Edition of the Arkansas State Highway Department Standard Specifications. K. Straw Mulch. Straw mulch shall consist of good grade, weed -seed free, ' clean straw of a quality approved by the Engineer prior to use. L. Subgrade Material. When existing subgrade material is not suitable and ' requires replacement, material used shall be of a good grade bank run material of a source approved by the Engineer prior to hauling to the job site. IN. Cast Iron Castings. Cast iron castings used in the construction of drop inlets shall be according to specifications shown on the plans. The word "STORM" shall be cast on all inlet covers. I I I [.l I I I I I I H N. Rock Riprap. Good grade limestone from a source approved by the Engineer prior to hauling to the job site shall be used. The rock shall be a maximum dimension of 12 inches. 0. Pipe Underdrain and Special Bedding. The pipe underdrain shall be ABS perforated pipe in accordance with the material specifications as set out on page 281 of the 1978 Edition of the Arkansas State Highway Department Standard Specifications. The bedding and backfill around the pipe underdrain shall be 1 1/4 inches uniformly -graded crushed limestone rock placed to the dimensions shown on the plans. P. Solid Sod. The sod field shall consist of a densely rooted growth of Bermuda grass substantially free from noxious weeds and undesirable grasses. The grass shall be cut to a height of approximately 2 inches and then raked free of debris. The sod shall be cut in uniform strips a minimum of 2 inches in depth, approximately 12 inches in width, and not less than'12 inches in length but not longer than can be conveniently handled and transported. The depth of the cut shall be varied as necessary in order to recover as much of the dense root system of the grasses as possible. Fertilizer shall be a commercial grade, uniform in composition, free flowing and suitable for application with mechanical equipment, delivered to the site in labeled containers, conforming to Arkansas fertilizer laws and bearing name, trademark and warranty of the producer. Water shall be of irrigation quality, free of impurities that would be detrimental to plant growth. Q. Storm Inlet Grating. The inlet frame and grate shall be constructed of welded steel cross bars 1 1/2 inches by 1/4 inch thick of the length and spacings as shown on the plans. The completed grating shall be sandblasted and painted in accordance with the painting specifications hereinafter set out. J 17-7 I R. Expansion Joint Material. The materials for filling expansion and con- traction joints shall be as set out under Section 501, pages 209-210 of the 1978 Edition of the Arkansas State Highway Department Standard Specifications. S. Handrails. Handrails shall be of 1 1/2 inch black iron pipe, and may be of all molded construction, ground smooth, as of the slip-on type of handrail fitting. Fastening shall be by means of side plates and by ' pipe brackets as detailed on the plans. Slip -type expansion joints shall be furnished at locations shown on the plans, or a minimum of 50 foot centers if not shown. Slip joints in top and bottom rails shall be staggered. Care shall be taken to properly clean and prime paint all '• pipe and fittings. Welded pipe railings will be approved. Detailed drawings of pipe railing shall be submitted to the Engineer for approval prior to fabrication. T. Paint for Handrails, Grating and Storm Sewer Manhole Covers. Rust-0leum 1069 Heavy -Duty Rust -Inhibitive Red Primer applied to shop blasted ' metal to a coverage of 3 mils, dry; followed by two coats of #473 Heavy -Duty Aluminum at the rate of 1 mil, dry, per coat for a combined total thickness of 5 mils, dry. All edges and welds shall be coated by brush. I [l I I I ii I I I I 18. STREET AND DRAINAGE STRUCTURE CONSTRUCTION. IA. General. The work to be done in accordance with the following construction specifications shall include all work necessary for the construction of streets, box culverts, installation of drainage pipes, construction of ' reinforced concrete headwalls, drop inlets, and every other item of work required for a completed project as shown on the plans and as specified. B. Sequence of the Work. The sequence of construction of the required street ' and drainage improvements is as set out in Section 16 of these Detailed Specifications. ' An exact sequence of work will be agreed upon by the Owner, Contractor and Engineer. IC. Site Preparation. The requirement for site preparation work on each contract section is different and is to be bid as a separate pay item and cannot be exactly specified. ' The following general description of the work to be done on each contract section is given so that the Contractor may more clearly identify the site preparation work to be accomplished. Contract Section I (1) Sidewalk along the West Side of Garland Street. The work to be done includes the construction of a 4 foot wide sidewalk along the west side of Arkansas State Highway 112 (Garland Street) from a concrete parking lot just north of Epperly Flower Shop to a ' point approximately 60 feet north of Maxwell Drive. The City of Fayetteville will obtain an easement which is 10 feet wide and adjacent to the State Highway right of way. ' The intent is for the sidewalk to be constructed in this easement with no tree removal, if at all possible. However, trees will require trimming of low -hanging branches to provide a clear height 'of 8 feet. At two locations where the sidewalk crosses existing drainage ' ditches, additional reinforcing will be required as shown on the plans. There will be no additional payment to the Contractor for these reinforced ditch crossings. Only minor excavation is required since the sidewalk is to be run substantially on the existing grade. Compaction will be required under the sidewalk to a minimum of 90 percent modified Proctor. This shall be obtained by mechanical compaction equipment as approved by the ' Engineer. (2) Sidewalk along the North Side of East 6th Street from Wood Avenue Ito a point approximately 140 feet West of South Washington Avenue. The work includes the construction of a 5 foot concrete sidewalk [1 17-9 I rj I I along the north side of East 6th Street. This sidewalk is to run parallel and 12 inches away from the existing asphalt curb. Minor excavation will be required, including the removal of several trees, shrubs, and bushes. Some utilities will have to be relocated. In addition, approximately 75 feet of fence will have to•be relocated to the north from Station 8+67 to Station 9+43. (3) S the North Side Wood Avenue to South College. The work to be done includes the con- ' struction of a 5 foot wide sidewalk and curb and gutter on the north side of East 7th Street. Also included is the construction of two Type A drop inlet boxes along with approximately 35 feet of 18 inch ' RCP to connect to an existing storm sewer. Only minor excavation will be required, as shown on the Curb I Installation Detail on the plans. In addition, there is some grading and fill to be placed in the low area next to the sidewalk on the school yard to allow for drainage. ' Contract Section II ' The following streets in the Kenwood Addition to the City of Fayetteville: (1) Montgomery Street, including access road. ' (2) Alta Street. (3) Greenwood Street. (4) Irene Street. ' The site preparation item will be bid on all the streets in the Kenwood Addition together. All the streets mentioned above are to be constructed by grading the existing subgrade to accommodate a 25 foot width of 6 inch ' thick SB-2 pavement base and 24 foot width of 2 inch thick asphalt pave- ment. Only very minor grading to prepare the existing subgrade will be required. There will be no construction of curb and gutter required. ' No clearing will be required. However, a tree on the north side of Montgomery Street will have to be trimmed. ' All existing drainage culverts are to remain with the exception of an existing 18 inch RCP cross -drain which is to be replaced with a new cross -drain. Also, two additional cross -drains are to be installed. ' The existing drainage ditch on the northeast side of the intersection of Montgomery Street and Alta Street is to be opened and graded to allow drainage, as shown on the plans. There are two existing box culverts which are to be completely removed and replaced with double 8' x 4' reinforced concrete box culverts. ' The only sidewalk to be constructed consists of approximately 325 linear feet of 4 foot wide sidewalk along the east side of the access road. 17-10 I Several monholes and valve boxes will have to be adjusted before the base and pavement is placed. Contract Section III Sligo Street from Ashwood Avenue to Vale Avenue. The work to be done includes the construction of a street with curb and gutter on both sides, for a total width of 25 feet. In addition, the construction of a 4 foot wide sidewalk on the south side of the new street. Some excavation will be required, as well as the adjustment of manholes and valve boxes to grade. ' Approximately 450 linear feet of 15 inch RCP and 50 feet of 18 inch RCP together with three Type A concrete drop inlet boxes are to be constructed. Contract Section IV Sycamore Street from Gregg Street to Woolsey Street. The work to be t done on this street includes the construction of a 6 inch thick nonrein- forced concrete street 31 feet wide, including curb and gutter on both sides, and a 4 foot wide sidewalk along the south side of the street. I Also included is the construction of three special storm drop inlets and the construction of five Type A drop inlets, along with approxi- mately 780 feet of 24 inch reinforced concrete storm sewer and approxi- mately 34 feet of 15 inch reinforced concrete storm sewer including ' headwalls. The 24 inch RCP storm sewer is to be installed with a 4 inch diameter tperforated pipe underdrain between all inlet boxes (750 feet +). Minor excavation and fill is required to conform to the street sections as shown on the plans. Some clearing and the removal of two large ' oak trees will be required. The backslope in cut areas and the fill slopes are to be constructed on a 1:1 slope and shall receive a 2 inch thickness of solid sod as specified. In addition, a 4 foot wide sidewalk is to be constructed along existing curb and gutter along the south side of Sycamore Street from Gregg ' Street to the inlet at Station 1+70. This will require the removal of an existing hedge. D. Clearing and Grubbing. All trees, stumps, brush, roots and other debris ' of any type within the construction limits of streets and drainage ditches shall be removed and disposed of by the Contractor. 1 Burning of material resulting from the clearing operation will be allowed by the Owner. However, it will be the Contractor's responsibility to obtain burning permission from local and state authorities. E. Stripping. All vegetative growth and unsuitable soil within the limits of street construction areas shall be stripped and disposed of as directed 17-11 H I I I I I I I I I I t1 I I I by the Engineer. If suitable areas for disposal are not available, the Contractor will be required to haul the material from the site. F. Excavation and Embankment. After the unsuitable soil has been stripped, the Contractor shall proceed to construct the street subgrade. All excavated material not suitable for the construction of roadway embank- ment shall be disposed of as directed by the Engineer. In areas to be excavated, the Contractor shall make cuts down to an elevation which is level with the top of proposed curb elevations. Further excavation shall be delayed until all drainage structures have been installed that are to be constructed either adjacent to and parallel with all crossing proposed streets. In embankment areas, the Contractor shall construct the embankment up to approximately the finished subgrade elevation. All street excavation shall be considered unclassified, and rock, if encountered, will not be eligible for extra compensation. All surplus excavated material shall be hauled off the site and disposed of by the Contractor. G. Soil Testing. Prior to the commencement of excavation and embankment, the Contractor shall retain the services of an approved soil testing laboratory to collect soil samples and to conduct such tests as are required to determine the theoretical modified Proctor density of the soils upon which the roadway will be constructed. During the course of construction of embankment sections, density tests will be conducted at locations designated by the Engineer on each 12 inch lift. Density tests will also be conducted at approximate 200 foot intervals in areas of excavation to determine the compacted density of the top 8 inches of the subgrade. All expenses incurred for the determining of Proctors and densities shall be borne by the Contractor. The top 8 inches of all subgrade shall be compacted to 90 percent of modified Proctor density. In areas of embankment, all soil below the top 8 inches shall also be compacted to 90 percent of modified Proctor density. H. Removal and Disposal of Structures. This work shall consist of the removal and satisfactory disposal of curb and gutter, Portland cement or asphaltic concrete driveway, parking areas, sidewalks and steps, manholes, catch basins, and other items as directed by the Engineer which may be encountered within the limits of street construction, as shown on the plans. Salvaged materials will become the property of the Contractor. I. Removing Old Culverts. This work shall consist of removing, in whole or in part, all old culverts encountered on the project not designated on the plans or directed by the Engineer to remain, or the filling of old culverts as called for; together with the disposing of all materials removed and the backfilling and compacting of all resulting trenches. I J. Fence Removed and Reconstructed. The location of fences to be removed and reconstructed are as shown on the plans. Posts and wire or chain I 17-12 I I I El I I I I I I I I I I I I L] link fence that is not in a condition to be moved shall be replaced by new material of equal or better quality of the type and size of the material replaced. Replacement material required shall be furnished by the Contractor and be satisfactory to the Engineer. K. Shaping and Widening Roadway Section. This work shall consist of modi- fying and/or widening the existing roadway to conform substantially to the typical section shown on the plans. This shall include excavating and hauling or drifting subgrade material necessary in widening the existing roadway or making minor cuts and fills, along with shaping and dressing the surface, shoulders, ditches, foreslopes and back - slopes to provide a uniform and well drained subgrade, in accordance with the plans and specifications. L. Removal and Replacement of Signs, Mailboxes, Etc. All signs, mailboxes, etc. which are in the street construction limits shall be removed and replaced behind the proposed curb and gutter so as not to interfere with the work. Temporary movable supports shall be furnished for mailboxes that cannot be placed in their final locations. M. Undercuts. If unstable or unacceptable material is encountered during the preparation of the subgrade, the designated grade will be undercut as directed by the Engineer and suitable material placed in the undercut area. If suitable material does not exist on the site, then SB-2 base material may be directed to be placed in the undercut area by the Engineer. N. Crushed Stone Base Material. When base material is required and after the subgrade has been accepted and approved by the Engineer, 6 inches of compacted base material shall be installed. Crushed stone base material shall be compacted to 95 percent modified Proctor density. Compaction tests shall be conducted at intervals designated by the Engineer and at the Contractor's expense. During the placement of the base material, the crushed stone shall be bladed and rolled to insure complete and proper mixing and water shall be added as required to establish optimum moisture for compaction of the material. Water needed for mixing and compaction of the subgrade and base will be made available by the City at the established bulk rate of the City. 0. Prime and Tack Coats. The plans show the location of asphalt overlays, new pavement, and bituminous surface treatments. Prime or tack coat as directed by the Engineer shall be placed prior to asphalt or surface treatment. The materials of construction are as specified under Section 17, paragraph C, of these Detailed Specifications. This item will be considered subsidiary to asphaltic concrete hot -mix surface course or bituminous surface treatment, whichever pertains. P. Asphaltic Concrete Hot -Mix Surface Course. A 2 inch layer of asphaltic concrete shall be placed on all street areas to be paved or overlaid, as shown on the plans. The asphalt shall be placed by a self-propelled 17-13 J I I I I I I [l 1] I I [1 I I I I I asphalt laying machine equipped with an adjustable vibrating screed, and of such size as will permit the laying of one-half street width during each pass of the machine. Prior to placement of the asphalt, the area shall be primed with one application of prime coat as previously specified. Asphalt placement shall be in accordance with the General Specifications for that item. Core samples shall be taken at such locations as the Engineer may direct for the purpose of determining compacted density. The cost of cutting the core samples, repairing the removed area, conducting the laboratory tests to determine the compacted density, and all other costs shall be at the expense of the Contractor. The finished bituminous course shall be compacted to not less than 92 percent of theoretical density. A mix design shall be submitted to the Engineer for approval prior to use of any materials. Q. Concrete Drive Repair. The plans show the locations of existing drive- ways which will connect to the new curb and gutter to be constructed. The Contractor shall cut a neat line across the existing pavement (where required) and reconstruct a 6 inch nonreinforced concrete slab as shown in the detailed plans. The driveway width will vary depending upon the existing driveway width. The driveway subgrade shall be shaped to create a uniform transition between the existing drive and the new curb. R. Concrete Curb and Gutter. Concrete curb and gutter (either 6 inches or 8 inches in height, as required) shall be constructed on suitable subgrade material at the locations shown on the plans. If there is not suitable subgrade material available, at the option of the Engineer, SB-2 base material may be placed and compacted in lieu of existing material. Expansion joints shall be made at drop inlets, radius points and at intervals not greater than 50 feet along the curb line. The joint shall not be less than one-half inch thick and shall be filled with joint filler neatly trimmed to match the cross section of the curb and gutter. Before construction starts, the Contractor shall furnish the Engineer a certified batching schedule from his concrete supplier. This schedule will show the type and gradation of aggregate to be used, the total pounds of aggregate, sand and cement, and the proposed gallons of water for each cubic yard of concrete to be delivered. The concrete shall be placed on subgrade that has been watered down, and shall be vibrated and spaded until the mortar is evenly spread. The surface shall be finished smooth with rounded corners. The curing of the concrete shall be controlled in accordance with the prevailing weather conditions at the time of the pour. Wet burlap shall be placed and kept moist if so required by the Engineer. Concrete will not be poured when the outside temperature is below 400 F. within four hours after the last batch is poured. J 17-14 ' When the curb and gutter have cured, the Contractor will shape the area behind the curb in accordance with finished grade as shown on the cross ' sections of the plans. Extreme care shall be exercised to avoid damage to the curb and gutter during the backfill operation. Any such damage will be replaced at the Contractor's expense. S. Portland Cement Concrete Pavement. This item shall consist of constructing a pavement composed of Portland cement concrete, without reinforcement, on a suitably prepared subgrade in accordance with these specifications and ' in reasonably close conformity with the lines, grades, thicknesses and typical cross sections shown on the plans or established by the Engineer. ' 1. Placing Concrete. No concrete shall be placed unless an inspector is present. The concrete shall be deposited on the subgrade in such a manner as to require as little rehandling as possible. ' Spreading required shall be done by means of an approved mechanical spreader (concrete paving machine). Spreading by rakes or other means will not be allowed. I I I I I I I I I 2. Joints. Joints in concrete pavement, longitudinal and transverse, shall be constructed as stated in Section 501.04 (c) on page 212 of the 1978 Edition of the Arkansas State Highway Department Standard Specifications, with the maximum distance between joints as indicated below: a. Expansion Joints - 60 feet (transverse). b. Contraction Joints (sawed) - 15 feet (transverse). c. Construction Joints - as needed (transverse). Shear transfer shall be provided at all construction joints. d. Longitudinal Joints - constructed on centerline of all streets and at each curb. The joints shall be filled with approved joint material as set out on pages 209 and 210 of the 1978 Edition of the Arkansas State Highway Department Standard Specifications. 3. Finishing and Curing. The concrete shall be finished and cured as stated in Section 501.05 of the 1978 Edition of the Arkansas State Highway Department Standard Specifications. 4. Opening Pavement to Traffic. All traffic shall be excluded from newly constructed pavement until the concrete is found, by suitable tests of representative cylinders, to have a compressive strength of 3,000 psi. In no case shall the pavement be opened to traffic in less than 7 days, and until all joints have been cleaned and sealed. L 17-15 I I Li Li I I Straw mulch shall then be placed over areas as directed by the Engineer and shall be uniformly spread as to provide a thickness of. approximately 2 inches when first spread over the area. The straw mulch shall be held in place by the application of an emulsified asphalt applied with a pressure sprayer at the rate of approximately .05 gallon per square 'yard. T. Drainage Structures and Ditches. All drainage structures including box culverts, drop inlets, headwalls and wing walls, concrete spillways and drainage ditches shall be constructed in accordance with the line and grades shown on the plans. As shown on the plans, all excavation required for the installation of drainage pipes and structures that is to be under the travel surface or within 5 feet of the back of the curb shall be backfilled with SB-2 crushed limestone and compacted to the density required for the street subgrade. U. Topsoiling, Seeding and Straw Mulching. Before the placement of topsoil is commenced, the area to be covered shall be bladed smooth and all rock 2 inches and larger removed. The area shall then be lightly disked and the topsoil placed to a thickness of approximately 3 inches. The topsoil shall then be machine or hand raked to provide a uniform surface. Seeding and fertilizing shall be done in accordance with Section 620 of the Arkansas State Highway Department Standard Specifications. I I C I I I I I I The Contractor should note that all areas disturbed by the construction behind the curb and gutter are to be topsoiled, seeded, fertilized and straw mulched. V. Rock Riprap. The plans show the areas requiring rock riprap. Ditches shall be lined with rock riprap from the end of each end of all culverts up or downstream for a distance of 6 feet 0 inches, and up the ditch slopes for a distance of 2 feet 0 inches vertically. The rock shall then be hand placed using rock of various sizes and dimensions to pro- vide a uniform finished surface. A small trench shall be excavated around the outside perimeter of the riprapped area to provide for a rock thickness of approximately 8 inches. All other riprapped areas shall have a rock thickness of at least 6 inches. W. Pipe Culverts and Storm Drains. The plans show the lengths and sizes of the reinforced concrete pipe to be used and the locations where their installation is required. Pipe culverts under the street shall be so placed that the minimum depth of cover at the shoulder shall be not less than one foot. Backfilling around the pipe shall be done with SB-2 base material, as directed by the Engineer. X. Manholes, Valve Boxes Adjusted to Grade. The plans show the location and approximate elevation of existing manholes and valve boxes to be adjusted. The Contractor shall adjust the elevation to coincide with I 17-16 the finished grade as established after the placing and compacting of the subbase and base material and prior to the placing of the hot -mix asphalt surface. The plans show the details of the valve box adjust- ment. However, since the manholes may be different at each location, the Contractor shall determine the individual modifications necessary to adjust these manholes to grade, as directed by the Engineer. Y. Cleanup. All work within the construction area shall be cleaned up to the satisfaction of the Owner and the Engineer. In general, all rocks, trash, or rubbish of any nature shall be removed from the site of the work. The new streets shall be swept clean of mud, dirt and other materials. ' Special attention shall be given to the cleanup, smooth grading of the areas back of the sidewalks and curbing, and replacing gravel driveways to fit the new pavement grades with a minimum of 4 inches of SB-2 ' material, all of these items being difficult to measure, define or compute. I I I I I I I I I Miscellaneous Items. 1. Detours and Access to Homes. During street construction the Con- tractor may close the street to through traffic. However, the Contractor shall maintain the construction site in such a manner as to provide reasonable access by homeowners and emergency vehicles. 2. Construction Staking. The Engineer will set grade and alignment stakes at 50 foot intervals back of the curb on one side of the street. The Contractor will be responsible for transferring data across the street to the opposite curb. The Engineer will require five days notice prior to setting the construction stakes. All stakes destroyed by the Contractor shall be replaced by the Contractor at his expense, subject to checking by the Engineer, also at the Contractor's expense. AA. Concrete Testing. Concrete streets shall be cored in accordance with Section 501.07 on page 234 of the Arkansas State Highway Department Standard Specifications. At least one core shall be drilled on each street constructed of Portland cement concrete. Payment for pavement deficient in thickness, not in excess of one-half inch, shall be made at an adjusted unit price. All expenses incurred for the drilling of cores and the taking of concrete cylinders for compressive strength tests shall be borne by the Contractor. BB. Overseeding and Fertilizing of Sod. The solid sodding used on the job will be fertilized immediately prior to placement with no less than 500 pounds per acre of 10-20-1O, or the equivalent amount of plant food 17-17 I I I I incorporated in the top one inch of soil. The sod shall be overseeded with 50 pounds per acre of annual rye grass prior to commencement of watering operations. CC. Watering. The specifications on seeding and sodding call for certain regular applications of water. The City of Fayetteville has available fire hydrants through which water may be purchased near the individual streets. There is no direct pay item for water. It shall be considered subsidiary to other items. ' DD. Compaction of Subgrade Under Sidewalks. After the excavation is completed but before forms are set, the area under all sidewalks shall be compacted by mechanical compaction equipment approved by the Engineer. The com- paction requirements under sidewalks are the same as under streets. If, in the opinion of the Engineer, density tests are required to determine if adequate compaction is present, these tests will be run and all expenses resulting will be borne by the Contractor. This also includes the cost of determining the modified Proctors. EE. Sidewalks. Nonreinforced Portland cement concrete sidewalks shall be ' constructed at the locations and to the dimensions shown on the plans. The thickness shall be a minimum of 4 inches, and contraction joints shall be either formed or sawed at a spacing of not more than the width of the sidewalk. Redwood expansion joints shall be placed at no greater than 25 foot intervals. Expansion joints shall be placed between the sides of the ' walks and adjacent curb pavement or other structures. This space shall be filled with approved joint sealer. The finish shall be a light broom finish. I I L1 I I I 17-18 I 19. METHODS OF MEASUREMENT AND PAYMENT. Methods of measurement and payment as set out in the General Specifications covering the various items of construction are hereby clarified and superseded as set out herein. Wherever they are not ' clarified or superseded herein, methods of payment as provided in the General Specifications or the applicable section of the Detailed Specifications shall prevail. iPayment for all work under each separate Contract Section shall be made at the unit ■ or lump sum prices bid under the various items of each Bid as hereinafter set out. Contract Section I ' Items 1 through 3 - Site Preparation, Garland Street Sidewalk, East Sixth Street Sidewalk, and East Seventh Street Sidewalk and Curb. Payment for site prepara- tion of each individual sidewalk project will be made in accordance with the lump sum price bid under these items. The following list includes the items of work which may be required which will be paid for under this item: site preparation; clearing and grubbing; excavation and embankment; shaping and compacting subgrade; ripping up of existing pavement and/or base; undercutting; removal and replace- ' ment of signs, mailboxes, culverts, fences, etc.; and every other item not specifically compensated for under other items. ' Item 4 - Nonreinforced Portland Cement Concrete Sidewalk. Payment will be made for the furnishing and placement of nonreinforced Portland cement concrete side- walk a minimum of 4 inches in thickness in accordance with the price bid per square yard, complete in place. This price shall include full compensation for the ' furnishing of all materials, excavation, forming, placement of concrete, finishing, curing, and all other incidentals necessary to complete the work. Item 5 - Concrete Curb and Gutter. Payme be made in accordance with the unit price The price bid shall include every item of complete installation. Deductions in the be made for space occupied by drop inlets it for 8 inch concrete curb and gutter will bid per linear foot, complete in place. work and material required for a length of concrete curb and gutter will and other drainage structures. Item 6 - Type "A" Concrete, Drop Inlet Box. Payment will be made in accordance ' with the unit price bid each for Type "A" drop inlet boxes. This price will be full compensation for constructing the drop inlet box; for furnishing, installing and painting the rings and covers and frames; for excavation and backfill; and ' for all materials, labor, tools, equipment and incidentals necessary to complete the work. This pay item also includes payment for any reinforcement steel required. ' Item 7 - 18 Inch Reinforced Concrete Storm Sewer Pipe; Pyament for 18 inch reinforced concrete storm sewer pipe shall be made for the linear feet of pipe installed as shown on the plans. The price bid shall include every item of work ' necessary to install the pipe, including rock excavation, if any; common excava- tion; bedding of the pipe; and backfilling the entire excavated area. Payment for SB-2 trench backfill will be made under that specific item. Item 8 - SB-2 Crushed Limestone Base Material, Compacted in Place. Payment for compacted crushed stone base material will be made in accordance with the unit 17-19 1 I I I I I I I I n I I -price bid per ton, compacted in place. The material will be used as directed by the Engineer. Measurement shall be by delivery tickets furnished and initialed by the Engineer's representative at the location the material is to be used. Item 9 - 2 Inch Asphalt Concrete Hot -Mix Surface Course. Asphaltic concrete shall be compensated for in accordance with the unit price bid per ton, complete in place. The bid price shall include the furnishing and placement of prime coat as specified. The tonnage used shall be determined by approved weight tickets from the batching plant initialed by the Engineer's representative at the time of delivery. Item 10 - Topsoiling, Seeding, Fertilizing and Mulching. Payment will be made in accordance with the unit price bid per square yard for the furnishing and placement of 3 inches of topsoil, seeding, fertilizing, and straw mulching. This price shall be full compensation for all materials, labor, tools, equipment and incidentals necessary to complete the work. Watering shall be considered subsidiary to seeding. There will be no additional compensation for watering. Contract Section II Item 1 - Site Preparation, Montgomery Street and Access Road, Alta Street, Green- wood Street and Irene Street. Payment for site preparation on those streets listed above will be made in accordance with the lump sum price bid under this item. The following list includes the items of work which may be required which will be paid for under this item: site preparation; clearing and grubbing; excavation and fill; shaping and compacting subgrade; ripping up of existing pavement and/or base; undercutting; removal and replacement of signs, mailboxes, culverts, steps, fences, etc.; and every other item not specifically compensated for under other items. Item 2 - Compacted SB-2 Base Material. Payment for compacted crushed stone base material will be made in accordance with the unit price bid per ton, complete in place. The material will be used as directed by the Engineer. Measurement shall be by delivery tickets furnished and initialed by the Engineer's representative at the location the material is to be used. ' Item 3 - 2 Inch Asphaltic Concrete Hot -Mix Surface Course. Asphaltic concrete shall be compensated for in accordance with the unit price bid per ton, complete and accepted in place. The bid price shall include the furnishing and placement of ' prime coat as specified. The tonnage shall be determined by approved weight tickets from the batching plant initialed by the Engineer's representative at the time of delivery. ' Item 4 - Nonreinforced Portland Cement Concrete Sidewalk. Payment will be made for the furnishing and placement of nonreinforced Portland cement concrete sidewalk a minimum of 4 inches in thickness in accordance with the price bid per square 1 yard, complete in place. This price shall include full compensation for the furnishing of all materials, excavation, forming, placement of concrete, finishing, curing, and all other incidentals necessary to complete the work. I 17-20 1 I Item 5 - 18 Inch Reinforced Concrete Storm Sewer Pipe. Payment for 18 inch reinforced concrete storm sewer pipe shall be made for the linear feet of pipe installed as shown on the plans. The price bid shall include every item of work necessary to install the pipe, including rock excavation, if any; common excavation; bedding of the pipe; and backfilling the entire excavated area. I I I [I I I I I I C C L 1 I I I Payment for SB-2 trench backfill will be made under that specific item. Item 6 - Nonreinforced Class A Concrete. Payment will be made for the furnish- ing and placement of nonreinforced Class A concrete in accordance with the price bid per cubic yard, complete in place. This price shall be full compensa- tion for the furnishing of all materials, forming, placement of concrete, finishing, curing, and other related work necessary to complete the work. This item is specifically for headwalls and aprons on pipe culverts and as directed by the Engineer. No other concrete such as for the construction of drop inlet boxes, box culverts, concrete pavement, etc., will be compensated for under this item. Item 7 - Adjustment of Valve Boxes to Grade. Payment will be made in accord- ance with the unit price bid each for the adjustment of valve boxes to grade. This price shall be full compensation for adjusting valve boxes, for excava- tion and backfill, and for all materials, labor, tools, equipment and incidentals necessary to complete, the work. Item 8 - Adjustment of Manholes to Grade. Payment will be made in accordance with the unit price bid each for the adjustment of manholes to grade. This price shall be full compensation for adjusting manholes, for excavation and backfill, and for all materials, labor, tools, equipment and incidentals necessary to complete the work. Item 9 - Double Bay 8 Foot by 4 Foot Concrete Box Culvert. Payment will be made in accordance with the lump sum price bid for the double bay 8 foot by 4 foot reinforced concrete box culvert, complete in place. This includes all concrete, reinforcing steel, excavation and fill, removal and disposal of existing con- crete box culvert, installation and painting of handrail, etc., for a complete installation as shown on the plans. Also included in this pay item will be the placement of rock riprap in the areas shown on the plans. Item 10 - Topsoiling, Seeding, Fertilizing and Mulching. Payment will be made in accordance with the unit price bid per square yard for the furnishing and placement of 3 inches of topsoil, seeding, fertilizing and straw mulching. This price shall be full compensation for all materials, labor, tools, equip- ment and incidentals necessary to complete the work. Watering shall be considered subsidiary to seeding. There will be no additional compensation for watering. 17-21 E U I 1 1 [] I 1 I I I I L1 I I [_] I Contract Section III Item 1 - Site Preparation, Sligo Street. Payment for site preparation on Sligo Street will be made in accordance with the lump sum price bid under this item. The following list includes the items of work which may be required which will be paid for under this item: site preparation; clearing and grubbing; excavation and fill; shaping and compacting subgrade; ripping up of existing pavement and/or base; undercutting; removal and replacement of signs, mailboxes, culverts, steps, fences, etc.; and every other item not specifically compensated for under other items. Item 2 - Compacted SB-2 Base Material. Payment for compacted crushed stone base material will be made in accordance with the unit price bid per ton, complete in place. The material will be used as directed by the Engineer. Measurement shall be by delivery tickets furnished and initialed by the Engineer's represent- ative at the location the material is to be used. Item 3 - 2 Inch Asphaltic Concrete Hot -Mix Surface Course. Asphaltic concrete shall be compensated for in accordance with the unit price bid per ton, complete and all in place. The bid price shall include the furnishing and placement of prime coat as specified. The tonnage shall be determined by approved weight tickets from the batching plant initialed by the Engineer's representative at the time of delivery. Item 4 - Concrete Curb and Gutter. Payment for 8 inch concrete curb and gutter will be made in accordance with the unit price bid per linear foot, complete in place. The price bid shall include every item of work and material required for a complete installation. Deductions in the length of concrete curb and gutter will be made for space occupied by drop inlets and other drainage structures. Item 5 - Type "A" Concrete Drop Inlet Box. Payment will be made in accordance with the unit price bid each for Type "A" drop inlet boxes. This price will be full compensation for constructing the drop inlet box; for furnishing, install- ing and painting the rings and covers and frames; for excavation and backfill; and for all materials, labor, tools, equipment and incidentals necessary to complete the work. This pay item also includes payment for any reinforcement steel required. Item 6 - 15 Inch Reinforced Concrete Storm Sewer Pipe. Payment for 15 inch reinforced concrete storm sewer pipe shall be made for the linear feet of pipe installed as shown on the plans. The price bid shall include every item of work necessary to install the pipe, including rock excavation, if any; common excavation; bedding of the pipe; and backfilling the entire excavated area. Payment for SB-2 trench backfill will be made under that specific item. Item 7 - 18 Inch Reinforced Concrete Storm Sewer Pipe. Payment for 18 inch reinforced concrete storm sewer pipe shall be made for the linear feet of pipe installed as shown on the plans. The price bid shall include every item of work necessary to install the pipe, including rock excavation, if any; common excavation; bedding of the pipe; and backfilling the entire excavated area. Payment for SB-2 trench backfill will be made under that specific item. 17-22 I ' Item 8 - Nonreinforced Portland Cement Concrete Sidewalk. Payment will be made for the furnishing and placement of nonreinforced Portland cement concrete sidewalk a minimum of 4 inches in thickness in accordance with the price bid ' per square yard, complete in place. This price shall include full compensation for the furnishing of all materials, excavation, forming, placement of concrete, finishing, curing, and all other incidentals necessary to complete the work. ' Item 9 - Topsoiling, Seeding, Fertilizing and Mulching. Payment will be made in accordance with the unit price bid per square yard for the furnishing and placement of 3 inches of topsoil, seeding, fertilizing and straw mulching. ' This price shall be full compensation for all materials, labor, tools, equip- ment and incidentals necessary to complete the work. ' Watering shall be considered subsidiary to seeding. There will be no additional compensation for watering. ' Item 10 - Adjustment of Valve Boxes to Grade. Payment will be made in accord- ance with the unit price bid each for the adjustment of valve boxes to grade. This price shall be full compensation for adjusting valve boxes, for excava- tion and backfill, and for all materials, labor, tools, equipment and incidentals necessary to complete the work. Item 11 - Adjustment of Manholes to Grade. Payment will be made in accordance ' with the unit price bid each for the adjustment of manholes to grade. This price shall be full compensation for adjusting manholes, for excavation and backfill, and for all materials, labor, tools, equipment and incidentals necessary to complete the work. Item 12 - Nonreinforced Class A Concrete. Payment will be made for the furnish- ing and placement of nonreinforced Class A concrete in accordance with the price bid per cubic yard, complete in place. This price shall be full compen- sation for the furnishing of all materials, forming, placement of concrete, finishing, curing, and other related work necessary to complete the work. ' This item is specifically for headwalls and aprons on pipe culverts and as directed by the Engineer. No other concrete such as for the construction of drop inlet boxes, box culverts, concrete pavement, etc., will be compensated ' for under this item. I. Contract Section IV Item 1 - Site Preparation, Sycamore Street. Payment will be made in accordance with the lump sum price bid under this item. The following list includes the ' items of work which may be required which will be paid for under this item:. site preparation; clearing and grubbing; excavation and fill; shaping and compacting subgrade; ripping up of existing pavement and/or base; undercutting; t removal and replacement of signs, mailboxes, culverts, steps, fences, etc.; and every other item not specifically compensated for under other items. ' Item 2 - 6 Inch Nonreinforced Portland Cement Concrete Pavement. Payment for 6 inch nonreinforced concrete pavement for Sycamore Street will be made in accordance with the unit price bid per square yard, complete and accepted in 17-23 1 _, place. However, delivery tickets for concrete used shall be furnished the Engineer for records of materials used only. ' Item 3 - Concrete Curb and Gutter. Payment for 6 inch concrete curb and gutter will be made in accordance with the unit price bid per linear foot, complete in place. The price bid shall include every item of work and materials required ' for a complete installation. Deductions in the length of concrete curb and gutter will be made for space occupied by drop inlets and other drainage structures. ' Item 4 - Compacted SB-2 Base Material. Payment for compacted crushed stone base material will be made in accordance with the unit price bid per ton, compacted in place. The material will be used as directed by the Engineer. Measurement shall be by delivery tickets furnished and initialed by the Engineer's representative at the location the material is to be used. Item 5 - Type "A" Concrete Drop Inlet Box. Payment will be made in accordance with the unit price bid each for Type "A" drop inlet boxes. This price will be full compensation for constructing the drop inlet box; for furnishing, install- ing and painting the rings and covers and frames; for excavation and backfill; ' and for all materials, labor, tools, equipment and incidentals necessary to complete the work. This pay item also includes payment for any reinforcement steel required. Item 6 - Special Concrete Drop Inlet Box. Payment will be made in accordance with the unit price bid each for special drop inlet boxes. This price will be full compensation for constructing the drop inlet box; for furnishing, ' installing and painting the rings and covers and frames or grates; for excava- tion and backfill; and for all materials, labor, tools, equipment and incidentals necessary to complete the work. This pay item also includes payment ' for any reinforcement steel required. Item 7 - 15 Inch Reinforced Concrete Storm Sewer Pipe. Payment for 15 inch ' reinforced concrete storm sewer pipe shall be made for the linear feet of pipe installed as shown on the plans. The price bid shall include every item of work necessary to install the pipe, including rock excavation, if any; common excavation; bedding of the pipe; and backfilling the entire excavated area. Payment for SB-2 trench backfill will be made under that specific item. Item 8 - 24 Inch Reinforced Concrete Storm Sewer Pipe. Payment for 24 inch ' reinforced concrete storm sewer pipe shall be made for the linear feet of pipe installed as shown on the plans. This shall also include the required amount of 4 inch perforated pipe underdrain and the special 1-1/4 inch uniformly ' graded crushed limestone backfill as shown on the plans. The price bid shall include every item of work necessary to install the pipe, including rock excavation, if any; common excavation; bedding of the pipe; and backfilling the entire excavated area. Item 9 - Adjustment of Valve Boxes to Grade. Payment will be made in accord- ance with the unit price bid each for the adjustment of valve boxes to grade. This price shall be full compensation for adjusting valve boxes, for excava- tion and backfill, and for all materials, labor, tools, equipment and incidentals necessary to complete the work. A 17-24 I i Item 10 - Adjustment of Manholes to Grade. Payment will be made in accordance with the unit price bid each for the adjustment of manholes to grade. This price shall be full compensation for adjusting manholes, for excavation and backfill, and for all materials, labor, tools, equipment and incidentals necessary to complete the work. Item 11 - 6 Inch Nonreinforced Portland Cement Concrete Driveway Repair. Payment shall be made in accordance with the unit price bid per square yard, complete in place. This price shall be full compensation for the preparation of sub - grade, forming, placement of concrete, finishing, curing and all other related items of work. Item 12 - Solid Sod, Including Fertilizing and Overseeding. Payment will be 'made in accordance with the unit price bid per square yard for the furnishing . and placement of solid Bermuda sod, including overseeding and fertilizing as specified. This price shall be full compensation for all materials, labor, 1 tools, equipment and incidentals necessary to complete the work. Watering shall be considered subsidiary to solid sod. There will be no additional compensation for watering. Item 13 - Nonreinforced Class A Concrete. Payment will be made for the furnishing and placement of nonreinforced Class A concrete in accordance with the price bid per cubic yard, complete in place. This price shall be full compensation for the furnishing of all materials, forming, placement of con- crete, finishing, curing, and other related work necessary to complete the work. This item is specifically for headwalls and aprons on pipe culverts and as directed by the Engineer. No other concrete such as for the construction of drop inlet boxes, box culverts, concrete pavement, etc., will be compensated for under this item. Item 14 - Nonreinforced Portland Cement Concrete Sidewalk. Payment will be made for the furnishing and placement of nonreinforced Portland cement concrete sidewalk a minimum of 4 inches in thickness in accordance with the price bid per square yard, complete in place. This price shall include full compensation for the furnishing of all materials, excavation, forming, placement of concrete, ' finishing, curing, and all other incidentals necessary to complete the work. 11 I ' 17-25 1 20. FINAL INSPECTION AND ESTABLISHMENT OF WARRANTY PERIOD. The final inspection shall be made by the Engineer or his chief assistant, the Contractor or one of the principal owners of the contracting firm, and a representative of the City of Fayetteville. Upon acceptance of the work, a date will be set out in writing by the Engineer which will establish the beginning of the one (1) year warranty period. The final acceptance of the job and the payment in full to the Contractor will not reduce the continuing responsibility of the Contractor as set out in these specifications. I El I I I I I I I I I Li 17-26