HomeMy WebLinkAbout38-80 RESOLUTION•
RESOLUTION NO. 32Y0
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH DECCO CONTRACTORS, INC. FOR THE
CONSTRUCTION OF SEWER LINES ON EAST HUNTSVILLE ROAD,
MORNINGSIDE DRIVE AND 18TH STREET.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
1. That the Mayor and City Clerk are hereby authorized
and directed to execute a contract with Decco Contractors,
Inc. of Rogers, Arkansas, for the construction of sewer
lines on East Huntsville Road, Morningside Drive and 18th
Street. A copy of the contract authorized for execution
hereby is attached hereto, marked Exhibit
part hereof. //��L
PASSED AND APPROVED this 15- day of
:ATTEST:
c'
C.
T 5 K
CITY CLERIC
+ (SEAL).""^"
APPROVED:
II A IP
and made a
1980.
MICROFILMED
•
between
THIS .AGREEMENT, made this
CONTRACT
it FG. day of
City of Fayetteville, Arkansas
herein through its
(Corporate Name of Owner)
Mayor
•
-,
•
HUD -4238-F
(6-66)
,1980 ,by and
herein called "Owner," acting
(Title of A u rh odeed Official)
Decco Contractors, Inc.
and
STRIKE OUT
INAPPLICABLE
TERMS
of
Rogers
(a corporation) (a -partnership)
hereinafter called "Contractor."
County of
Benton
, and State of Arkansas
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:
Construction of Sanitary Sewer Lines
hereinafter called the project, for the sum of Thirty—two thousand 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, 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 Aainte t/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 90 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 prodded in Paragraph 25, "Payments to Contractor," of the General Conditions.
* $32,031.25
6-1
1N WITNESS n EIEREOF, the parties to these presents have executed this contract in six (6) counterparts, each
of which shall he deemed an original. in the year and day first above mentioned.
(Seal) I
ATTEST:"' •
(Seal)
(Witness)
PAL) j(41l02?
cre dry)
(Witness)
By
7/LiBy
City of Fayetteville, Arkansas
Community Development Department
(Owner)
Jo
Johd T. Todd
Mayor
(Title)
Decco Cont actors, Inc.
D. id E. Covington
President
(Title)
P. 0. Box 580
Rogers, Arkansas 72756
(Address and Zip Coda)
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
HUD -4238.F (6-661
6-2
GPO 869 -MO
MICROFfLMID
DATE!D_J t 3 isZi
REEL
"I •
1
CONTRACT COPY
CITY OF FAYETTEVILLE
SPECIFICATIONS
CONSTRUCTION OF SANITARY SEWER LINES
Community Development Block Grant Program
City of Fayetteville, Arkansas
DI -IUD Project No. SL -76-7-8-9
Plans No. Fy-74
Dated January 1980
McQoodwin, Williams and Yates, Inc.
Consulting Engineers
Fayetteville, Arkansas
•
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O. T. WILLIAMS, JR.
L. CARL YATES
Re:
MCGOODWIN, WILLIAMS AND YATES, INC.
CONSULTING ENGINEERS
FAYETTEVILLE. ARKANSAS
June 13, 1980
Owner's -Engineer's Insurance
Construction of Sewer Lines
Community Development
Fayetteville, Arkansas
Plans No. Fy-74
Ms. Bonnie J. Goering
City Clerk
City of Fayetteville
Drawer F
Fayetteville, Arkansas
Dear Ms. Goering:
Enclosed is the city's
tective contingent liability
this policy was only ('bound,'
By copy of this letter
Community Development.
(AIS s7G9
909 ROLLING HILLS DRIVE
FAYETTEVILLE, ARK. 72701
TELEPHONE 443-3404
copy of the Owner's -Engineer's pro -
policy for the above project. Heretofore
' having been applied for but not issued.
CRN:jr
Enclosure
cc/enc: Mr. Richard E. Mason
we are forwarding a copy of the policy to
Cordially,
arles R. Nickle
•
ENDORSEMENT
Single Limit of Liability Endorsement
Comprehensive General Liability
Bodily Injury and Property Damage Combined
1. It is agreed that the "Limits of Liability" of the Declarations,
for the coverage below, are deleted in their entirety and the
following substituted in lieu thereof:
Limits of Liability
Comprehensive General Liability
Bodily Injury Liability and Property Damage Liability Combined:
$ 500,000 Each Occurrence
$ 500,000 Aggregate
2. It is further agreed that the words "Single limit of liability
ensorsement" are substituted for the word "declarations"
Wherever the latter appears in the Comprehensive General
Liability Insurance Coverage Part.
Effective on and after:
Nothing herein contained shall be held to vary, alter, waive or
extend any of the terms, limits or conditions of the policy,
except as hereinabove set forth:
This endorsement forms a part of Policy NO.:
The information contained below is required only when this endorsement is issued subsequent to preparation of the policy.
et
TRANS.
This endorsemen forms o port of
PolkyNo. LC08446984
Issued to
And is effective on and after
Term
Effective Date
Expiration Date
Co.
8.0.
Producer
Subject to Audit
Stot. Pion
❑ Prem. Bearing
M -I
0-2
5/A-3
A-4
•
Non -Prem. Beoring
Port.
Rot'g.
Stote
Comm.
Branch Office
Agent
KIND OF BUSINESS
PREMIUMS
LINE
CODE
ADDITIONAL
RETURN
Bodily
Injury
$
$
Property Domoge
$
$
Collision
$
$
State
Code
C/R
Code
Fire
District
A. P. D.
$
$
Miscellaneous
$
$
Totals
$
$
Net Additional or Return Premium
$
$
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limits or conditions
of the policy, except as herein set forth.
Authorized Representative.
ri
42025 Ed. 7-72 Rev. 12-79 e•iI,`x°
uan
G107
(Ed. 1-73)
This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein.
(The following information is required only when this endorsement is issued subsequent to preparation of policy.)
Endorsement effective
Named Insured
Additional Premium $
Policy No.
LC08446984
Endorsement No.
Countersigned by
(Authorized Representative)
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE
OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE
SMP LIABILITY INSURANCE
ADDITIONAL INSURED
(Engineers, Architects or Surveyors)
It is agreed that such insurance as is afforded by the Bodily Injury Liability Coverage and Property Damage Liability Coverage applies, subject to the following
provisions:
1. The word "insured" also includes any architect, engineer or surveyor engaged by the named insured but only with respect to liability arising out of the
premises of the named insured or operations performed by or for the named insured.
2. The insurance with respect to such architects, engineers or surveyors does not apply to bodily injury or property damage arising out of the rendering of
or the failure to render any professional services by or for the named insured, including
(a) the preparation or approval of maps, plans, opinions, reports, surveys, designs or specifications and
(b) supervisory, inspection or engineering services.
McGoodwin Williams & Yates, Architects
909 Reeling Hills Dr. , Fayetteville, AR,
G107 (Ed. 1-73)
PART B. This Declarations page and Coverage Part(s),
With "POLICY PROVISIONS—PART A", and
,endorsements, if any, issued to form a part
thereof, completes the below numbered
J. OWNERS' AND CONTRACTORS' PROTEC-
TIVE LIABILITY POLICY. Audit Period. Annual unless otherwise stated
LC 0D 8 4 4 8 9 8 4 13 NEW 9 RENEWAL OF
OWNERS' AND CONTRACTORS'
PROTECTIVE - DECLARATIONS
ISSUED BY COMPANY INDICATED BY ID BELOW
INSTALLMENTS PAYABLE AS FOLLOWS
BILL DATE
C/R
COOS
1
MO DAY YR.
MO. DAY YR.
MO.
Item 1. Named Insured and Address (No., Street, Town or City, County, State and ZIP Code):
City of Fayetteville, Arkansas
Community Development Dept.
Fayetteville, Arkansas
Item 2. Policy Period:
From 5/12/80
to 5/12/81
12:01 A.M., standard time at the address of the named insured as stated herein.
AGENT: McNair—Cravens Co.
25
00576025
Memphis JG/ka
5/16/80
BODILY INJURY LIABILITY
BO CODE
PRODUCER
BRANCH OFFICE
The Maryland
MARYLAND ASUALTY CO.
Bellmore. Mary and 21203 A Stock Company
NORTHERN INSURANCE CO. of N. Y.
New York, New York 10038 A Stock Company
The named insured is
INDI MUM. ❑ SHIP NFR. ❑ 'NONCORPOR• ❑ JINT
VENTURE
BUS NESS OF INS RED
CITY
tem 3. The insurance afforded is only with respect lo such of the following (overages as are indi ated by specific p em um charge( (.
The limit of the Company's liability against each such Coverage shall be as stated herein, ubje t to all the term of the policy hoving reference thereto.
OTHER.
COVERAGES
LIMITS OF LIABILITY
ADVANCE PREMIUM
EACH OCCURRENCE
AGGREGATE
BODILY INJURY LIABILITY
scour
INIUVY
$ 500,000
LCOST
32,031.00
$ 80
PROPERTY DAMAGE LIABILITY
$ CSL
$
$
FORM NUMBERS OF AND PREMIUM FOR ENDORSEMENTS ATTACHED TO POLICY AT ISSUE:
G107
2201$ 8
/
CLASSIFICATION ( 999 ) ( 315) CODE NO.
TEMGRP.
PREMIUM
BASES
RATES
ADVANCE PREM UM
eopm
M1VRY
woeAt
EMMA&
scour
INIUVY
pRORERry
DAMAGE
LCOST
32,031.00
PER $100
(16)
.076
OF COST
80MP
8
Construction operations —
owner (not railroads) exclud—
ing operations on board ships,
16292
G107
Designation of Contractor and Mailing Address:
Decco Construction Co.,Inc.
PO Box 580
Rogers, Arkansas
Location of Covered Operations:
Construction of Sanitary Sewer Line
Fayetteville, AR.
3323 ED. 1.1.)3
MINIMUM
PREMIUMS
BI.
$ 80
$
Countersigned By
TOTAL
ADVANCE $ 88
PREMIUM
❑ (heck here if the following provision is applicable:
The person or orgonizotion designated above as the Con-
tractor has undertaken to pay the premium for this policy
and shall be entitled to receive any return premiums, if
any, which may become payable under the terms of this
policy.
w411A-e4a.4 &some,
fIN)7d1.0t:
IA* @L Cam
UTHORIZED REPRESENTATIVE
PREMIUM BASES — See reverse side for Description of Terms Used as Premium Bases.
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i
GENERAL LIABILITY — AUTOMOBILE POLICY
POLICY PROVISIONS - PART A
i
The Maryland
MARYLAND CASUALTY COMPANY
AND ITS SUOSIOIARIES • BALTIMORE
AN AMERICAN GENERAL COMPANY
THE COMPANY DESIGNATED ON THE DECLARATIONS PAGE
IA stock) nsarance company, herein called the company/
In consideration of the payment of the premium, in reliance upon the statements in the declarations
insured as follows:
SUPPLEMENTARY P
The company will pay, in addition to the applicable limit of liability:
(a) all expenses incurred by the company, all costs taxed against the insured in any suit
defended by the company and all interest on the entire amount of any judgment therein
which accrues after entry of the judgment and before the company has paid o tendered
or deposited in court that part of the judgment which does not exceed the I mit of the
company's liability thereon;
(b) premiums on appeal bonds required in any such suit, premiums on bonds to release
attachments in any such suit for an amount not in excess of the applicable limit of
When used in this policy (including endorsements forming a part hereof):
(c)
(d)
made a part hereof and subject to all of the terms of this policy, agrees with the named
•
AYMENTS
liability of this policy, and the cost of bail bonds required of the insured because of
accident or traffic law violation arising out of the use of any vehicle to which this policy
applies, not to exceed $250 per bail bond, but the company shall have no obligation
to apply for or furnish any such bonds;
expenses incurred by the insured for first aid to others at the time of an accident, for
bodily injury to which this policy applies;
reasonable expenses incurred by the insured at the company's request in assisting the
company in the investigation or defense of any claim or suit, including actual loss of
earnings not to exceed $25 per day.
DEFINITIONS
The completed operations hazard does not include bodily injury or property damage arising
out of
"automobile" means a land motor vehicle, trailer or semitrailer designed for travel on
public roads (including any machinery or apparatus attached thereto), but does not include
mobile equipment;
"bodily injury" means bodily in ury, sickness or disease sustained by any person which
occurs during the policy period, inc uding death at any time resulting therefrom;
"collapse hazard" includes "structural property damage" as defined herein and prop-
erty damage to any other property at any time resulting therefrom. "Structural property
damage" means the collapse of or structural -injury to any building or structure due to
(1) grading of land, excavating, borrowing, filling, back -filling, tunnelling, pile driving,
cofferdam work or caisson work or (2) moving, shoring, underpinning, raising or demollbon
of any building or structure or removal or rebuilding of any structural support thereof.
The collapse hazard does not include p operty damage (1) arising out of operations per-
formed for the named insured by independent contractors, or (2) included within the com-
pleted operations hazard or the underground property damage hazard, or (3) for which liability
is assumed by the insured under an Incidental contract;
"completed operations haze d"includes bodily injuryand property damage arising out of
operations or reliance upon a epresentation or warranty made at any time with respect
thereto, bili only if the bodily in ury or property damage occurs after such operations have
been completed or abandoned and occurs away from premises owned by or rented to the
named insured. "Operations" include materials, parts or equipment furnished in connection
therewith. Operations shall be deemed completed at the earliest of the following times:.
(1) when all operations to be performed by or on behalf of the named insured under the
contract have been completed,
(2) when all operations to be performed by or on behalf of the named insured at the site of
the operations have been completed, or
(3) when the portion of the work out of which the injury or damage arises has been put
to its intended use by any person or organization other than another contractor or
subcontractor engaged in performing operations for a principal as a part of the same
project.
Operations which may require further service or maintenance work, or co rection,
repair or replacement because of any defect or deficiency, but which are otherwise complete,
shall be deemed completed.
liaI I I3316 Ed 1.I-73 Re._6-7X aitf�agi._.
(a) operations in connection with the transportation of property, unless the bodily injury
or property damage arises out of a condition in or on a vehicle created by the loading
or unloading thereof,
(b) the existence of tools, uninstalled equipment or abandoned or unused materials, or
(c) operations for which the classification stated in the policy or in the company's manual
specifies "including completed operations";
"elevator" means any hoisting or lowering device to connect floors or landings, whether
or not in service, and all appliances thereof including any car, platform, shaft, hoistway.
stairway, runway, powe equipment and machinery; but does not include an automobile
servicing hoist, or a hoist without a platform outside a building if without mechanical pow r
or if not attached to build ng walls, ora hod or material hoist used in alteration, construction
or demolition operations, o an inclined conveyor used exclusively for carrying property
or a dumbwaiter used exclusively for carrying property and having a compartment height
not exceeding four feet;
"explosion hazard" includes property damage arising out of blasting or explosion.
The explosion hazard does not include property damage (1) arising out of the explosion of
air or steam vessels piping under pressure, prime movers machinery or power transmit-
ting equipment, or (2) arising out of operations performed for the named insured by inde-
pendent contractors, or (3) included within the completed operations hazard or the under-
ground property damage hazard, o (4) for which liability is assumed by the insured under
an incidental contract;
"incidental contrail" means any written (1) lease of premises, (2) easement agreement,
except in connection with construction or demolition operations on or adjacent to a rail-
oad, (3) undertaking to indemnify a municipality required by municipal ordinance, except
n connection with work for the municipality, (4) sidetrack agreement, or (5) elevator main-
tenance agreement;
•
"insured" means any person or organization qualifying as an'nsured in the "Persons
Insured" provision of the applicable insurance coverage. The insurance afforded applies
separately to each insured against whom claim is made or suit $ brought, except with
respect to the limits of the company's liability;
Page 1
•
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(Attach Declarations Page, Coverage Parts, Schedules and Endorsements, I1 Any, Here)
•
Any person or organization or the legal representative thereof who has secured such
judgment or written agreement shall thereafter be entitled to recover under this policy to
the extent of the insurance afforded by this policy. No person or organization shall have
any right under this policy to join the company as a party to any action against the insured
to determine the insured's liability, nor shall the company be impleaded by the insured
or his legal representative. Bankruptcy or insolvency of the insured or of the insured's
estate shall not relieve the company of any of its obligations hereunder.
6. Other Insurance The insurance afforded by this policy is primary insurance, except
when stated to apply in excess of or contingent upon the absence of other insurance. When
this insurance is primarya nd the insured has other insurance which is stated to be applicable
to the loss on an excess or contingent basis. the amount of the company's liability under
this policy shall not be reduced by the existence of such other insurance.
When both this insurance and other insurance apply to the loss on the same basis,
whether primary, excess or contingent, the company shall not be liable under this policy
for a greater proportion of the loss than that stated in the applicable contribution provision
below:
(a) Contribution by Equal Shares. If all of such other valid and collectible insurance
provides for contribution by equal shares, the company shall not be liable for a
greater proportion of such loss than would be payable if each insurer contributes
an equal share until the share of each insurer equals the lowest applicable limit
of liability under any one policy or the full amount of the loss is paid, and with
respect to any amount of loss not so paid the remaining insurers then continue to
cont ibute equal shares of the remaining amount of the Toss until each such in-
sure has paid its limit in full or the full amount of the loss is paid.
(b) Con( ibution by Limits. any of such other insurance does not provide for con-
tribution by equal shares, the company shall not be liable for a greater propor-
tion of such loss than the applicable limit of liability under this policy for such
loss bears o the total applicable limit of liability of all valid and collectible in-
surance against such loss.
7. Subrogation In the event of any payment under this policy, the company shall be
subrogated to all the nsured's rights of recoveryiherefor against any person or organization
and the insured sha I execute and deliver instruments and papers and do whatever else
is necessary to secure such rights. The insured shall do nothing after loss to prejudice
such rights.
8. .hanger Notice to any agent or knowledge possessed by any agent or by any other
perso!n,shall not effect a waiver or a change in any part of this policy or estop the company
•
from asserting any right under the terms of this policy; nor shall the terms of this policy
be waived or changed, except by endorsement issued to form a part of this policy, signed
by a duly authorized representative of the company.
9. Assignment Assignment of interest under this policy shall not bind the company until
its consen is endorsed hereon if. however, the named insured shall die, such insurance
as is afforded by this policy shall apply (1) to the named insured's legal representative, as
the named nsured, but only while acting within the scope of his duties as such, and (2) with
respectto the property of the named insured, to the person having proper temporary custody
thereof, as insured, but only until the appointment and qualification of the legal repre-
sentative.
10. Three Year Policy If this policy is issued for a period of three years any limit of the
company's liability stated in this policy as "aggregate" shall apply separately to each
consecutive annual period thereof.
11. Cancellation This policy may be cancelled by the named insured by surrender thereof
to the company or any of its authorized agents or by mailing to the company written notice
stating when (hereafter the cancellation shall be effective. This policy may be cancelled
by the company by mailing to the named 'nsured at the address shown in this policy, written
notice stating when not less than ten days thereafter such cancellation shall be effective.
The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender
or the effective date and hour of cancellation stated in the notice shall become the end of
the policy period. Delivery of such written notice either by the named insured or by the
company shall be equivalent to mailing.
•If the named insured cancels: earned premium shall be computed in accordance with
the customary short rate table and procedure. If the company cancels, earned premium
shall be computed pro rata. Premium adjustment may he made either at the time cancella-
tion is effected or as soon as practcable after cancellation becomes effective. but payment
or tender of unearned premium is not a condition of cancellation.
12. Declarations By acceptance of this policy, the named insured agrees that the state-
ments in the declarations are his agreements and representations, that this policy's issued
in reliance upon the truth of such representations and That this policy embodies all agree-
ments existing between himself and the company or any of its agents relating to this in-
surance.
IN WITNESS WHEREOF, the company has caused this policy to be signed by its President and its Secretary and countersigned on the declarations page by a duly
authorized representative of the company.
MARYLAND CASUALTY COMPANY
NORTHERN INSURANCE COMPANY OF NEW YORK4
Secretary / �"
President
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) G320 A0009
(This modifies the provisions of the policy relating to ALL LIABILITY AND MEDICAL PAYMENTS INSURANCE
OTHER THAN COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE)
The policy does not apply:
A. Under any Liability Coverage, to bod ly injury or property damage
(1) with respect to which an insured under the policy is also an insured under
a nuclea energy liability policy issued by Nuclear Energy Liability Insurance
Associat on, MutualAlomic Energy Liability Underwriters or Nuclear Insurance
Assoc'at on of Canada, or would be an insured under any such policy but
for its ermination upon exhaustion of its limit of liability; or
(2) resulting from the hazardous properties of nuclear material and with espect
to which (a) any person or organization is required to maintain financ al pro-
tection pursuant to the Atomic Energy Act of 1954, or any law amendatory
thereof, or (b) the insured is, or had this policy not been issued would be,
entitled to indemnity from the United States of America, or any agency thereof,
under any agreement entered into by the United States of America, or any
agency thereof, with any person or organization.
B. Under any Medical Payments Coverage, or under any Supplementary Payments
provision relating to first aid, to expenses incurred with respect to bodily injury
resulting from the hazardous properties of nuclear material and arising out of the
operation of a nuclear facility by any person or organization.
C. tinder any Liability Coverage, to bodily injury or property damage resulting from
the hazardous properties of nuclear material, if
(1) the nuclear material (a) is at any nuclear facility owned by, or operated by or
on behalf of, an insured or (b) has been discharged or dispersed therefrom;
(2) the nuclear material is contained in spent fuel or waste at any time possessed
handled, used, processed, stored, transported or disposed of by or on behalf
of an insured; or
(3) the bodily injury or property damage arises out of the furnishing by an insured
of services, materials, parts or equipment in connection with the planning, con-
struction, maintenance, operation or use of any nuclear facility, but if such facility
is located within the United States of America, its territories or possessions or
Canada, this exclusion (3) applies only to property damage to such nuclear facility
and any property thereat.
II. As used in this exclusion:
"hazardous properties" include radioactive, toxic or explosive properties:
"nuclear material" means source material, special nuclear material or byproduct
material;
"source material","special nuclear material", and"byproduct material" have the mean-
ings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof:
"spent fuel" means any fuel element or fuel component, solid or liquid, which has
been used or exposed to radiation in a nuclear reactor;
"waste" means any waste material (1) containing byproduct material and (2) resulting
from the operation by any person or organization of any nuclear facility included within
the definition of nuclear facility under paragraph (a) or (b) thereof:
"nuclear facility" means
(a) any nuclear reactor,
(b) any equipment or device designed or used for (1) separating the isotopes of
uranium or plutoniu m, (2) processing or utilizing spent fuel; or (3) handling,
processing or packaging waste,
(c) any equipment or device used for the processing, fabricating or alloying of
special nuclear materialif ata ny timethe total amount of such mater'al in the
custody of the insured at the premises where such equipment or device is
located cons'sts of or contains more than 25 grams of plutonium or uranium
233 or any combination thereof, or more than 250 grams of uranium 235,
(d) a nystructure, basin, excavation, premises or place prepared or used for (he
storage or disposal of waste,
and includes the site on which any of the foregoing is located, all operations conducted
on such site and all premises used for such operations;
"nuclear reactor" means any apparatus designed or used to sustain nuclear fission in
a self-supporting chain reaction or to contain a crit cal mass of fissionable material;
"property damage" includes all forms of radioactive contamination of property.
Page 3
p abed
•
•
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SIN3W3SNOON3 MIS
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ADDENDUM NO. 1
CONSTRUCTION OF SANITARY SEWER LINES
Community Development Block Grant Program
City of Fayetteville, Arkansas
DHUD Project No. SL -76-7-8-9
Plans No. Fy-74
The specifications for the Construction of Sanitary Sewer Lines are amended as
follows.
Page 2-1
Paragraph 1, Receipt and Opening of Bids in the Information for Bidders
section, sets out that bids are to be mailed to the Community Development
Department at Room 204, 171 East Center Street, Fayetteville, Ark. 72701.
This is amended in that bids which are mailed should be addressed to the
Community Development Department, City of Fayetteville, Drawer F, Fayette-
ville, Ark. 72701.
Bids which are hand -carried should be delivered to the East Center Street
address.
Pages 4-1 and 4-2
Federal Wage Decision No. AR80-4012, given on pages 4-1 and 4-2 of the
specifications, has been superseded by Federal Wage Decision No. AR80-4020,
a copy of which is attached and made a part of this Addendum.
The wage rates given in this new decision shall be used on this project.
Enclosure:
Federal Wage Decision AR80-4020
April 3, 1980
McGoodwin, Williams and Yates, Inc
909 Rolling Hills Drive
Fayetteville, Arkansas 72701
1
•
16794 Federal Register / Vol. 45. No. 52 / Friday, March 14. 1980 / Notices
1
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SUPERSEDEAS DECISION
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•
SPECIFICATIONS
CONSTRUCTION OF SANITARY SEWER LINES
Community Development Block Grant Program
City of Fayetteville, Arkansas
DHUD Project No. SL -76-7-8-9
Plans No. Fy-74
Dated January 1980
Mcgoodwln, Williams and Yates, Inc
Consulting Engineers
Fayetteville, Arkansas
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 4-1
Bid for Unit Price Contract 5-1
Contract 6-1
Performance Bond 7-1
Payment Bond 7-3
General Conditions 8-1
Index to General Conditions 8-27
Supplemental General Conditions 8-28
Special Conditions 8-35
General Specifications
Pipe Sewers 11-1
Detailed Specifications
1. Scope of the Work 17-1
2. General Specifications 17-1
* 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 cashier's check. Extra copy provided.
Page No.
Detailed Specifications Continued
3. Completion Time and Liquidated Damages ---------------- -- 17-1
' 4. Safety and Health Regulations and Contract Requirements -- 17-1
5. Quality of the Plans ----------------------------------- 17-2
6. Elevation Data ----------------------------------------- 17-2
' 7. Lands and Rights of Way of Cnrat------------------- -- 17-2
8. Continuing Responsibility Contractor 17-3
9. Payment t 17-3
10. Changes in Work ------------- ------ --- ----- ----- 17-3
11. Notice to Proceed --------------------- -------------- 17-3
12. Provisions for Competitive Bidding -------------------- 17-3
13. Fences - Cutting and Repairing ---=--------------------- 17-3
14. Utility Services --------------------------------------- 17-4
15. Source of Supply ---------------------------------------- 17-4
16. Samples and Tests ------------------------------------- 17-4
17. Sequence of the Work --------------------------------- 17-4
' 18. Materials of Construction - Sanitary Sewers
A. General ------------------ ------------------------- 17-5
B. Sewer Pipe ------------------------------------------- 17-5
C. Pipe Specifications - Vitrified Clay Pipe --------- - 17-5
D. Pipe Specifications - Ductile Iron Pipe ------------- 17-5
E. Man eoBes--------------------------- --- -- - 17-5
F. Pipe Bedding 17-5
G. Surface Repair Materials 17-5
H. Class B Concrete (Pipe Encasement and Cover) --------- 17-5
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I. Fertilizer, Seed and Mulch ------- ------------- ---- 17-5
19. Sanitary Sewer Line Construction
A. General --------------------------------------------- 17-6
B. Materials -------------------------------------- 17-6
IC. Clearing Right of Way------------------------------- 17-6
D. Grade Control --- 17-6
E. Sewer Excavation and Pipe Laying 17-6
F. Rock Excavation for Sewers ------------------------- 17-7
G. Pipe Bedding --------------------------------------- 1 7- 7
H. Pipe Protection Cover 17-7
I. Trench Backfill------------------------ 17-7
1 J. Manholes ------------------------------------------- 17-8
K. Cast -In -Place Manholes ----------------------------- 17-8
L. Testing -------------------------------------------- 17-10
M. Protecting and Replacing Utility Services ------------ 17-11
IN. Driveways - Cut and Repair — 17-11
0. Streets - Cut and Repair 17-11
P. Cleanup - Sewer Lines ------------------------------ 17-12
20. Methods of Measurement and Payment ----------------------- 17-14
21. Final Inspection - Sanitary Sewer Line ------------------ 17-16
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ADVERTISEMENT FOR BIDS
Project No.SL-76 7-8-9
City of Fayetteville, Arkansas
(Owner)
HUD -4238-A
(5-66)
Separate sealed bids for Construction of Sanitary Sewer Lines for
365 feet of 6" and 890 feet of 8" sewers, 12 manholes, and miscellaneous work
will be received by the Community Development Department
at the office of the Director, Room 204, 17' East Center, Fayetteville
until 10_00 o'clock A.M. Central
office publicly opened and read aloud.
.S .T. April 10
, 19 80, and then at said
The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of Bid Bond,
Performance and Payment Bond, and other contract documents may be examined at the following:
at the above address, and at McGoodwin, Williams and Yates, Inc., Consulting
Engineers, 909 Rolling Hills Drive, Fayetteville, Arkansas 72701
Copies may be obtained at the office of said engineers located at
• above address upon payment of $ 20.00 for each set.
Any unsuccessful bidder, upon returning such set promptly and in good condition, will be refunded his payment,
and any non -bidder upon so returning such a set will be refunded $ —0—
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.
March 10, 1980 /s/ Angela R. Medlock
(Date)
Angela R. Medlock, City Clerk
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GPO 869156
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U.S. DEPARIMINT OF NOUSING AND UP. DAN DEVELOPMENT
INFORMATION FOR BIDDERS
HUD 4238-8(R)
1. Receipt and Opening of Bids
The City of Fayetteville, Arkansas (herein called
the "Owner"), invites bids on the form attached hereto, all blanks of which
must be appropriately filled in. Bids will be received by the Owner at the
Director,. Community Development Department until
office of
10:00
o'clock A.M.- Central ST April 10 19 80, and then at
said office publicly opened and read aloud. The envelopes containing the bids
must be sealed, addressed to Community Development Department at Room 204, 17is
East Center Street, Fayetteville, Ark. 72701 and designated as Bid for
Construction of Sanitary Sewer Lines, and state the time for receipt of bids.
The Owner may consider informal any bid not prepared and submitted in accord-
ance with the provisions hereof and may waive any informalities or reject ally
and all bids. Any bid may be withdrawn prior to the above scheduled time for
the opening of bids or authorized postponement thereof. Any bid received after
the time and date specified shall not be considered. No bidder may withdraw a
bid within 60 days after the actual date of the opening thereof.
2. Preparation of Bid
Each bid must be submitted on the prescribed form and accompanied by
Certification by Bidder Regarding Equal Employment Opportunity, Form
HUD -4238 -CD -1, and Certification by Bidder (Contractor), concerning Labor
Standards and Prevailing Wage Requirements, Form HUD -1421. All blank
spaces for bid prices must be filled ih, in ink or typewritten, in both
words and figures, and the foregoing Certifications must be fully completed
and executed when submitted.
Each bid must be submitted in a sealed envelope bearing on the outside the name
of the bidder, his address, end the name of the project for which the bid is
submitted. If forwarded by mail, the sealed envelope containing the bid must
be enclosed in another envelope addressed as specified in the bid form.
3•Subcontracts
The bidder is specifically advised that any person, firm, or other party to whom
it is proposed to award a subcontract under this contract --
a. Must be acceptable to the Owner after verification by the HUD Area Office
of the current eligibility status, and,
b Must submit Form HUD -4238 -CD -2, Certification by Proposed Subcontractor
Regarding Equal Employment Opportunity and Certification by Proposed Sub -
Contractor Concerning Labor Standards and Prevailing Wage Requirements,
Form HUD -1422. Approval of the proposed subcontract award cannot be given
by the Owner unless and until the proposed subcontractor has submitted the
Certifications and/or other evidence showing that it has fully complied wit',
any reporting requirements to which it is or was subject.
Previous Editions Obsolete
2-1
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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 nailed 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):
Construction of Sanitary Sewer Lines
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6. Qualifications of Bidder I
The Owner may make such investigations as he deems necessary to determine the ability
of the bidder to perform the work, and the bidder shall furnish to the Owner all such
information and data for this purpose as the Owner may request. The Owner reserves
the right to reject any bid if the evidence submitted by, or investigation of, such
bidder fails to satisfy the Owner that such bidder is properly qualified to carry out
the obligations of the contract and to complete the work contemplated therein. Con-
ditional bids will not be accepted.
7. Bid Security
Each bid must be accompanied by cash, certified check of the bidder, or a bid bond
prepared on the form of bid bond attached hereto, duly executed by the bidder as
principal and having as surety thereon a surety company approved by the Owner, in the
amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all ex-
cept the three lowest bidders within three days after the opening of bids, and the
remaining cash, checks, or bid bonds will be returned promptly after the Owner and
the accepted bidder have executed the contract, or, if no award has been made within
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 linnidated damages for such failure
or refusal, the security deposited with his bid.
2-2
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9. Time of Completion and Liquidated Damages
Bidder must agree to commence work on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project
within 90 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 mCtbods or
means as will not cause any interruption of or interference with the \vora of
any other contractor.
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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
McGoodwin, Williams and Yates, Inc. at Fayetteville, Ark. 72701
and to be given consideration must be received at least five days prior to the
date fixed for the opening of bids. Any and all such interpretations and any
supplemental instructions will be in the form of written addenda to the speci-
fications which, if issued, will be mailed by certified mall with return re-
ceipt requested to all prospective bidders fat the respective addresses fur-
nished for such purposes), not later than three days prior to the date fixed
for the opening of bids. Failure of any bidder to receive any such addendum or
interpretation shall not relieve such bidder from any obligation under his bid
as submitted. All addenda so issued shall become part of the contract documents
12. Security for Faithful Performance
I. Simultaneously with his delivery of the executed contract, the Contractor shall
furnish a surety bond or bonds as security for faithful performance of this
contract and for the payment of all persons performing labor on the project
under this contract and furnishing materials in connection with this contract,
t 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
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Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond
a certified and effectively date( copy of their power of attorney.
' 2-3
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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.
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15. Laws and Regulations
The bidder's attention is directed to the fact that all applicable State laws,
municipal ordinances, and the rules an. regulations of all authorities having
jurisdiction over construction of the project shall apply to the contract
throughout, and they will be deemed to be included in the contract the same as
though herein written out in full.
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 0*ner 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 Fora
of Bid, is 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.
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Supplement to Font HTUD-L238-B(; )
.r
Iiv� unNA Ti FOR BIDDERS
18. SAYE T? STANDARDS UTD ACCIDENT PRy Td LlOT1
With respect to all work performed under this contract, the contractor
shall:
1. Comply with the safety standards provisions of applicable laws,
building and construction codes and the "Manual of Accident Prevention in
Construction" published by the Associated General Contractors of America,
the requirements of the Occupational Safety and Health Act of 1970 (Public
Law 91-596), and the requirements of Title 29 of the Code of Federal
Regulations, Section 1518 as published in the "Federal Register", Volume
36, No. 75, Saturday, April 17, 1971.
2. Exercise every precaution at all times for the prevention of accidents
and the protection of persons (including employees) and property.
3. Maintain at his office or other well known place at the job site, all
' articles necessary for giving first aid to the injured, and shall make
standing arrangements for the immediate removal to a hospital or a doctor's
care of persons (including employees), who may be injured on the job site.
In no case shall employees be permitted to work at a job site before the
employer has made a standing arrangement for removal of injured persons to
• a hospital or a doctor's care.
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HUD-4238-CO-i
(6-66)
U. S. DEPARTMENT OF HOUSING '-;ID 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 /r�
Bidder's Name: C cryo ( 2rnLAAK or cl..NC
Address: CO a CG O
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n r, I. 1. Bidder has participated in a previous contract Cr subcontract subject to the Equal Opportunity
Clause. YesNo :J
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes 7No
3. Bidder has filed all compliance reports due under applicable instructions, including SF -100.
Yes "No C None Required u
4. If answer to item 3 is " No," please expicin in detail on reverse side of this certification.
Certification - The information above is true and complete to the best of my knowledge and belief.
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- f /S N E AND Ti LE OF SIGNER (PLEASE TYPE) y/
SIGMA TUR DATE
3-1 II_Previous Editions Obsolete'
GPO ease �A
The prime contractor shall have his subcontractors submit this form
for approval of subcontracting firms before award of any subcontract.
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FORM APPROVED
BUDGET BUREAU NO. 63.R1138
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 port of the bid or negotiations of the contract whether it has participated in any previous contract or sub-
contract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under
applicable instructions.
Where the certification indicates that the subcontractor has not filed a compliance report due under applicable in-
structions, such subcontractor shall be required to submit a compliance report before the owner approves the sub-
contract or permits work to begin under the subcontract.
Subcontractor's Name:
IAddress:
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SUBCONTRACTOR'S CERTIFICATION
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes l I NoEl
2. Compliance reports were required to be filed in connection -with such contract or subcontract.
Yes j_I No C
3. Bidder has filed all compliance reports due under applicable instructions, including SF -100.
Yes II No jNone Required Q
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.
NAME AND TITLE OF SIGNER 'Please Type)
3-2
Previous Editions Obsolete
DATE
215789-P
HUD -Wash., D. C.
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U.S. Jc PAn t YEmI UC Rb JSIMY AN'J Uki 1AN .I[ v CLUY,.l(NI
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
' CONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (apprnpr.nle Rer:p,en,: City of Fayetteville, DATE 4-10-80
' Ark., Community Development Department PROJECT NUMeER flfany�
c/o SL -76-7-8-9
City Clerk, Drawer F, City of PROJECT NAME
Fayetteville, Fayetteville, AR 72701 Sanitary Sewer Lines
' 1. The undersigned, having executed a contract with the City of Faye ttevi lie,
Arkansas for the construction of the above -identified project, acknowledges that:
I. (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 CFR. fart Si or pursuant to Section 3(a) of the Davis -Bacon Act, as
amended (40 U.S.C. 276a -2(a)).
(b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such sub-
, contractor of any firm, corporation, partnership or association in which such subcontractor has a substantial
interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory
provisions.
' 3. He agrees to obtain and (onward 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 that:
(a) The legal name and the business address of the undersigned are:
Decco Contractors, Inc.
P. 0. Box 580, Rogers, Arkansas 72756
' (b) The unders,cned it:
Iii A SINGLE PROPRIETORSHIP UI A CORPORATION ORGANIZED IN THE STATE OF
. Arkansas
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(2) APARTNERSHIP
I4 t OTHER ORGANIZATION
(c) The name, title and address of the owner, Partners or aflicers of the undersigned are:
NAME
TITL C AcORESS
David E. Covington
P. 0. Box 580
President Rogers, Arkansas 72756
Joanne M. Covington
Secretary it "
3-3
(d) ILe nines Gta gJWQtc, of GII rimer Str S4ni, L31 nsw•ol and c tpo rote, having a .uirstpntwl interest in one •ndcnig:md,
and the nature .i the :ntnctl ale ift nn.:, .....v. I-
MAW! AOORast M*Tur1C or IMTCM!ST
(a) The names, addresses and trade classrfmanons of all other building construclion contractors in which the erdnugaed has
a substantial Intrr.tt are rrt•nnp, .a smret.
MAUUE AOOR ESS TRADE CLAS51liCATiOu
Decco Contractors, Inc,
Date April 10, 1980 rCwoa<oe,
r
WARNING
U.S Criminal Code. Section S OIO. Title lE, U.S.C.. ota.ides in part r^/hoevev..... makes. pavet. otters or publish., any
statement. knowing the same to be lalt, . . ... shall be fined not more then 35.000 or imprisoned not more Ulan two years. Or bath."
3-4
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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
SUBCONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE R
TO (.ippropriaie Recipient): GATE
PROJECT NAME
1. The undersigned, having executed a contract with
Contractor or 30C00IF0CtQ,)
Mature of Mvrk)
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 toSectionS.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 (f0 U.S.C. 276u -2(o)).
(c) 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
a¢
3. He certifies that:
(a) The legal name and the business address of the undersigned are:
Its) A CORPORATION ORGANIZED IN
A PARTNERSHIP: HI OTHER ORGANIZATION (Describe)
(c) The name, title and address of the owner, partners or oflicers of the undersigned are:
HUD -142 (e.-7$)
3-5
(d) The names and oddreaes of all other person., bath natural and corporate, having a substansml interest I. the undersigned, '
and the nature of the inlet.*' are (/V none. so atale.':
NAME ADDRESS MATURE OI NTERIST
(a) The names, addresses and trade classificotions of all other building :anstrvction contractors in which the undersigned has -
e substontioI intwest ore(If mine, sa stale):
NAME ADDRESS TRADE CLASSIFICATION '
i
(Sekern s,aclot)
(Apasure) (Typed Same and Title!
ARNING '
V.S. Criminal Code, Sectian 1010, title IS. O.S.C.. provides in pert "Whoever. . makes, passes. utters, of publishes any
statement, knowing the same to be false.... , shall be fined not more than $5,000 or imprisoned not more than two rears, or both."
1
3-6 E.D 80..44. '
U.S. Department of Housing and Urban Development
CERTIFICATE OF OWNER'S ATTORNEY
the undersigned, James M. McCord
duly authorized and acting legal representative of the City of
Fayetteville, Arkansas do hereby certify as
I have examined the attached contract(s) and surety bonds and the manner
of execution thereof, and I am of the opinion that each of the aforesaid
agreements has been duly executed by the proper parties thereto acting
through their duly authorized representatives; that said representatives
have full power and authority to execute said agreements on behalf of the
respective parties named thereon; and that the foregoing agreements consti-
tute valid and legally binding obligations upon the parties executing the
same In accordance with terms, conditions and provisions thereof.
Date: May 16, 1980
HUD -Wash.. D. C.
Fidelity and Deposit osit Company
p p Y
' HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203
' BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we,-DeccoContractors.,... Inc.
................................................................................................._..----•---------------
-----------------------•...............................---------.............--------------------------------------------------------------------------- -- ----------
as Principal, (hereinafter called the "Principal"), and
'the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized
under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound
unto City of Fayetteville, Fayetteville, AR
------------------------._......----•------------------------------...-...W.....--------------------............W ....------------- ...W.......---------•-
- ------...----------------------------------------------------------------••-•- - --......... - as Obligee, (hereinafter called the "Obligee"),
in the sum of_Five Percent (5Y) of Amount Bid---------------_._.----..---------.Dollars($..................---------.),
' for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for... furnishing all, labor, tools, materials and
' _.equipment -and performing all -work necessary for construction of sanitary sewer
lines, Project IISL767 8 ....Plan #Fayetteville 74, McGoodwin, Williams & Yates,
Engineers
-------------------------------------------------------------------------------------------------------------------------------------------------.........-.............
' NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into
a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be
specified in the bidding or contract documents with good and sufficient surety for the faithful performance of
such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the
event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said
bid and such larger amount for which the Obligee may in good faith contract with another party to perform
the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
' Signed and sealed this......_l.th - ...................... - day of ---------------------------------------------------AM. 19°----
I..................... ................(SEAT )
/� /' Principal
1 1 `2
Witness
D ve Covington, esident Title
' FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Surety
---••-•-•..........................................•---•----------.................----...... B -- - --- --• -- -`! `.!SI.LSO----------------------------.-(SEAL)
Witness 3 n McNair, Attorney-irJ kct
C376d-I30M.6.76 200926
Approved by The American Institute of Architects,
A.IA. Document No. A-310 February 1970 Edition.
li
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CERTIFICATE
'SORE Gi
' 1, the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I
do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents spe-
cially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
• This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be
' valid and binding upon the Company with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
10th... — ..........day of........April------------------
L1419—Ctf. 204725 A 55is/aat CIEfaIy
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFlCE BALTIMORE, MD.
KNOW ALL MEN By THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS ,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com-
pany, which reads as follows:
"The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized
so'to do by the Board of Directors or by the Executive Committee, shall have power, by and. with the concurrence of the Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, Resident Assistant
Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on
behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and
assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu-
ments which the business of the Company may require, and to affix the seal of the Company thereto." ..
does hereby nominate, constitute and appointJohn A. McNair and Mark McNairI, both of
Fayetteville, Arkansas, EACH ..........................................
I s true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings, each in a penalty not
to exceed the sum of ONE HUNDRED THOUSAND DOLLARS (siOO,Ooo)..............--
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of
said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this
v .................•...... --12th'------•-•--•----day of--------...--------.-JT.anuar'y........_..........I A.D. 19.-78--..
0E)
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST:
Q B
y..
Assistant Secretary Vice -President
STATE OF MARYLAND
CITY OF BALTIMORE J
On this 12th day of Janlla2'.Y , A.D. 19 78 before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personallyknown to be the individuals and officers described
in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year
first above written. n /J
y� a NOTA Ry''tt�
....-...-.__--........................................................................
gym; y is, Notary Public Commission ExpiresJulg..1i..19.7..8.
THE WAGE DECISION ENCLOSED IS TAKEN FROM THE
FEDERAL REGISTER OF FEBRUARY 1, 1980, AND IS
THEREFORE THE LATEST DECISION. IT IS NOT,
HOWEVER, THE DECISION YET TO BE RECEIVED FROM
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
IT IS INCLUDED AS A GUIDE TO CONTRACTORS TO AID
IN ESTIMATING LABOR COSTS. THE DHUD DECISION
WILL BE FURNISHED TO CONTRACTORS AS SOON AS THE
DECISION IS RECEIVED.
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
BID FOR UNIT PRICE CONTRACTS
Proposal of Decco Contractors, Inc.
Place Fayetteville, Arkansas
Date April 10, 1980
Project No. SL -76-7-8-9
(hereinafter
called "Bidder") e a corporation, organized and existing under the laws of the
State of Arkansas
as
To the City of Fayetteville
Fayetteville, Arkansas
Gentlemen:
_ asesrreag
(hereinafter called "Owner")
The Bidder, in compliance with your invitation for bids for the construction
of Sanitary Sewer Lines
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
90
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, dated April 3, 1980 1
e Insert corporation, partnership or individual as applicable.
H
5-1
14U0-42380 (2-69) Replaces CFA -213-D which is obsolese H
Item Estimated Description and Unit or Lump Sum Price Bid Total
No. Quantity
1. 1,080 Linear Feet, 6" Vitrified Clay Pipe Sewers, 0-6'
in depth, complete in place
Seven and no/100---------------------- dollars( 7.00 )L.F. $ 7,560.00
2. 890 Linear Feet, 8" Vitrified Clay Pipe Sewers, 0-6'
in depth, complete in place
Eight and no/100--------_-----_____ 8.00
dollars(
)L.F.
7,120.00
3.
Nine
220
and 50/100
Linear Feet, 6" Ductile Iron Pipe Sewers, 0-6'
depth, complete in place
-------------------------- dollars(
in
9.50
)L.F.
2,090.00
4. 74
Ten and no/100
Tons, SB-2 Backfill, in place
-----------------------
dollars(
10.00
)Ton
740.00
5.
Only
205 Linear Feet, Extra Depth Trench,
50/100 -------------------------
6'-8'
dollars(
0.50
)L F
102.50
6.
Only
85
50/100
Linear
--------------------------
Feet, Extra
Depth Trench,
8'-10'
dollars(
0.50
)L.F.
42.50
7.
Only
85
75/100 ----------------------------
Linear
Feet, Extra
Depth Trench,
10'-12'
dollars(
0.75
)L.F.
63.75
8.
One
125
and no/100
Linear
-- --------------------
Feet; Extra
Depth Trench,
12'-14'
dollars(
1.00
)L.F.
125.00
9.
One
150
and 25/100
Linear
---------------------------
Feet, Extra
Depth Trench,
14'-16'
dollars(
1.25
)L.F.
187.50
10.
One
100
and 50/100
Linear
---------------------
Feet, Extra
Depth Trench,
over 16'
dollars(
1.50
)L.F.
150.00
11.
12
Each,
Manholes 0-6'
in depth, complete in place
Six
hundred
Fifty and
no/100-----------------
dollars( 650.00 )Each 7,800.00
5-2
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Item Estimated Description and Unit or Lump Sum Price Bid Total
No. Quantity
12. 18 Linear Feet, Extra Depth Manholes
Eighty and no/100--------------------- dollars( 80.00 )L.F. $ 1,440.00
' 13. 18 Square Yards, Pavement Repair
Forty-five and no/100------------------ dollars( 45.00 )S.Y. 810.00
14. 70 Cubic Yards, Rock Excavation
Fifty and no/100---------------------- dollars( 50.00 )C,Y, 3,500.00
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15. 5 Cubic Yards, Clsss B Concrete for encasement and cover
Sixty and no/100
dollars( 60.00
TOTAL, ITEMS 1 THROUGH 15-- $ 32,031.25
300.00
(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. Changes shall be processed in accord-
ance with paragraph 17(a) of the General Conditions.
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.
5% of amount bid
The bid security attached in the sum of
' ($ ) is to become the property of the Owner in the
event the contract and bond are not executed within the time above set forth, as
liquidated damages for the delay and additional expense to the Owner caused thereby.
Respectfully submitted:
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By: /s/ David Covington I
(Signature)
(Seal - if bid is by a corporation) President I
(Title)
5-3
Rogers, Ark. 72756
(Business Address and Zip Code)
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HUD4238-F
(6-66)
CONTRACT
THIS AGREEMENT, made this I r day of , 19 80 ,by and
between City of Fayetteville, Arkansas ,herein called "Owner," acting
herein through its
STRIKE OUT
INAPPLICABLE
TERMS
of
(Corporate Name of Owner)
(Title of Authorrred Official)
Decco Contractors, Inc.
hereinafter called "Contractor."
, County of Benton
, and State of
,and
Arkansas
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:
Construction of Sanitary Sewer Lines
hereinafter called the project, for the sum of Thirty—two thousand 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, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to coin-
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 krcWter. t/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 90 consecutive calendar days
thereafter. The Cgntractor further agrees to pay, as liquidated damages, the sum of $ 100.00 for each consecu-
1 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.
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* $32,031.25
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ntI-T1ESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each
of wh ch4i ail be eemed an orisrinal. in the year and day first above mentioned.
City of Fayetteville, Arkansas
„Z(Sea1) . Community Development Department
(Owner)
-ATTEST:N) .`" _ By
4._ItrJ-t 10 Jo T. Todd
I
-.- r �-(Witness)
(Seal)
(Witness)
Mayor
(Title)
Decco Contractors, Inc.
(Contractor)
D Id E. Covington
President
(Title)
P. 0. Box 580
Rogers, Arkansas 72756
(Address and Zip Code)
.NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
HUD -4238-F (6-66)
6-2
GPO 06%.300
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[_]
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we (1)
Decco Contractors, Inc.
a (2) corporation hereinafter called
"Principal" and (3) Fidelity & Deposit Company
r
of Baltimore , State of Maryland ,errlhereinafter
called the "Surety," are held and firmly bound unto (4) the City of Fayetteville,
Arkansas, Community Development Dept. , hereinafter called "Owner," in the penal sum of
Thirty-two thousand Thirty-one and 25/100
'-"-"-"'-'----"- dollars ($_32,031.25 ) 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 1C__ day of'ho.— o / 19 80
a copy of which is hereto attached and made a part hereof for Che construction of:
Construction of Sanitary Sewer Lines, Plans No. Fy-74
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.
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Address
' ATTEST:
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one
of which shall be deemed an original, this the f% day of , 19 80
Witness as to Princip
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(Surety) Secretary
(SEAL)
Witness as to Surety
Decco Contractors, Inc.
Principal
By:
E. Covington
P. 0. Box 580
Rogers, Arkansas 72756 y�
Address
Fidelity & Deposit Company
Surety
By: 724L
John McNair, Attorney -in -fact
Address
Pa. 9(5
Address I
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.
' 7-2
' Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
- HOME OFFIO:, BALTIMORE, MD.
KNOWALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, by C. M. PECOT, JR. ,Vice -President, and C. W. ROBINS ,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com-
pany, which reads as follows:
"The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized
so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, Resident Assistant
Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on
behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and
assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu-
ments which the business of the Company may require, and to affix the seal of the Company thereto."
does hereby nominate, constitute and appoint John A. McNair and Mark McNair, both of
Fayetteville, Arkansas, EACH ........................................... .
Its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings, each in a penalty not
to exceed the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000)...........«.:.
And e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
' by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of.the By -Laws of
said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this
.__.............. 2th ------------------....... ---.day of---------------------Ja,Aua t.......................0 A.D. 19..7.8...
' D DEN
.i'�0144 FIDELITY AND DEPOSIT COMPANY OF MARYLAND
•r ° c ATTEST:
go SEALg
' Assistant Secretary Vice -President
STATE OF MARYLAND ss:
CITY OF BALTIMORE
On this 12th day of January , A.D. 19 78 , before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personallyknown to be the individuals and officers described
in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year
first above written. .„."pn7%
y,
• '•,
%NOTAflYI, a,°; ................ .................._......._. ...-
It =m. •
a= Notary Public Commission Expires-.JUly.-1.,...1978
°tioj PUBU l;
CERTIFICATE
II, the undersigned, Assistant Jecretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I
do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents spe-
cially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
' This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be
valid and binding upon the Company with the same force and effect as though manually affixed."
' IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
--`--........_..............._..mares..........---day of.I`la-------------------------------------------------
I
.............._.... ..........---..... L1419—Ctl. 204728 .... _........--sides---e elary......
if SfSlanS� ties
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That we (1) Decco Contractors, Inc.
' a (2) corporation hereinafter called
"Principal" and (3) Fidelity & Deposit Company
' of Baltimore , State of Maryland , hereinafter
called the "Surety," are held and firmly bound unto the City of Fayetteville, Arkansas,
Comm. Dev. Dept., hereinafter called "Owner," in the penal sum of ------------------
I--- Thirty-two thousand Thirty-one and 25/100 ------------------------ dollars
($ 32,031.25 ) 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 80
a copy of which is hereto attached and made a part hereof for t4e construction of:
' Construction of Sanitary Sewer Lines, Plans No. Fy-74
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 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
' 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.
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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 IL' ¶4-" day of , 19 80
ATTEST:
I
• ;(incipal) Secretary
3 _l
o
Witness as to Principal
Address
' ATTEST:
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Decco Contractors, Inc.
By:
David E. Covington
P. 0. Box 580
Rogers, Arkansas 72756
Address
Surety
McNair
Witness as to Surety e� U
e ��p. t3dX�9S �e
(1 II L-'
Address �J
NOTE: Date of bond must not b'e p for to da e of ont act.
(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.
' 7-4
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE BALTIMORE, MD.
KNOW ALL MEN By THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, by C. M. PECOT, JR. ,Vice -President, and C. W. ROBINS
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com-
pany, which reads as follows:
"The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized
so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, Resident Assistant
Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on
behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and
assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and docu-
ments which the business of the Company may require, and to affix the seal of the Company thereto."
does hereby nominate, constitute and appoint John
A. McNair
and Mark
McNair,
both
of
Fayetteville, Arkansas, EACH......... S ••'••
.. ... ... .. ...... . .........
s true and aw ul agent and Attorney -in -Fact, to make, execute, seal and deliver, for, an
surety, and as its act and deed: any and all bonds and undertakings, each in
to exceed the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000)........
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on its behalf as
a penalty not
Anu the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of.the By -Laws of
said Company, and is now fn force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this
..................12th -----............-----......--day of----------------------------------------------, A.D. 19..7.8....
N�n4b
�T�°orn°sr ATTEST:
SEAL
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Assistant Sccrdary
By --
Vice -President
STATE OF MARYLAND
CITY OF BALTIMORE I
On this 12th day of Jantlaty , A.D. 19 78 , before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personallyknown to be the individuals and officers described
in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and with, that they are the said officers of the Company aforesaid, and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year
first above written. F•NOA"a, ./0
' .F: NOTA RY••.•G,PO ............. ........./-........--..---....---.-
#t• L# ._..-.-...____......
=mt c Notary Public Commission Expires..,J.lily...1-0...19.7-8
�Ft •:?UBULi.*i
'..41000RE 000 CERTIFICATE
1, the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I
do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents spe-
cially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be
valid and binding upon the Company with the same force and effect as though manually affixed."
- IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
.............�...h.C1L.._...............day of.....May..._........------.........._..............., 19.80...
._._.............. .................. ..._...._........................... .........
L1419—C[L 204728 Assistant Sc etar
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
GENERAL CONDITIONS
1. Contract and Contract Documents
The project to be constructed pursuant to this contract will be finariced with assistance
from the Department of Housing and Urban Development and is subject to all applicable
Federal laws and regulations.
The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the
Supplemental General Conditions shall form part of this Contract and the provisions thereof
shall be as binding upon the parties hereto as if they were herein fully set forth. The table
of contents, titles, headings, running headlines and marginal notes contained herein and in
said documents are solely to facilitate reference to various provisions of the Contract
Documents and in no way affect, limit or cast light on the interpretation of the provisions
to which they refer.
Contents*
1. Contract and Contract Documents 36. Stated Allowances
2. Definitions 37. Use of Premises and Removal of Debris
' 3. Additional Instructions and Detail 38. Quantities of Estimate
Drawings 39. Lands and Rights -of -Way
4. Shop or Setting Drawings 40. General Guaranty
5. Materials, Services, and Facilities 41. Conflicting Conditions
6. Contractor's Title to Materials 42. Notice and Service Thereof
'
7. Inspection and Testing of Materials 43. Required Provisions Deemed Inserted
8. "Or Equal" Clause 44. Protection of Lives and Health
9. Patents 45. Subcontracts .
10. Surveys, Permits and Regulations 46. Equal Employment Opportunity
11. Contractor's Obligations 47, Interest of Member of Congress
12. Weather Conditions 48. Other Prohibited Interests
13. Protection of Work and Property-- 49. Use Prior to Owner's Acceptance
Emergency 50, Photographs
'
14. Inspection 51. Suspension of Work
15. Reports, Records and Data 52. Minimum Wages
16. Superintendence by Contractor 53. Underpayments of Wages
17. Changes in Work sly. 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
P21. 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
Z4. Construction Schedule and Periodic 62. Complaints, Proceedings or Test-
' Estimates imony
25. Payments to Contractor 63. Claims and Disputes
26. Acceptance of Final Paymentas Release 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 -42385(R) P.e,,ous ed.,'nn ii obsole,e M# Attachment to Federal Labor Standards Provisions
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Z. Definitions '
The following terms as used in this contract are respectively defined as follows:
(a) "Contractor': A person, firm or corporation with whom the contract is made by the
Owne r.
(b) "Subcontractor": A person, firm or corporation supplying labor and materials or only
labor for work at the site of the project for, and under separate contract or agreement
with, the Contractor,
(c) "Work on (at) the project": Work to be performed at the location of the project, includ-
ing the transportation of materials and supplies to or from the location of the project
by employees of the Contractor and any Subcontractor.
3. Additional Instructions and Detail Drawings
The Contractor will be furnished additional instructions and detail drawings as necessary
to carry out the work included in the contract. The additional drawings and instructions
thus supplied to the Contractor will coordinate with the Contract Documents and will be so
prepared that they can be reasonably interpreted as part thereof. The Contractor shall
carry out the work in accordance with the additional detail drawings and instructions. The
Contractor and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates
at which special detail drawings will be required, such drawings, if any, to be furnished
by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the
respective dates for the submission of shop drawings, the beginning of manufacture, test-
ing and installation of materials, supplies and equipment, and the completion of the various
parts of the 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 I
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 se11=r. The Contractor warrants that
he has good title to all materials and supplies used by him in the work, free from all
liens, claims or encumbrances.
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HUD -438S 19-70'
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7. Inspection and Testing of Materials ;7
(a) All materials and equipment used in the construction of the project shall be subject to
adequate inspection and testing in accordance with accepted standards. The laboratory
or inspection agency shall be selected by the Owner. The Owner will pay for all labo-
ratory inspection service direct, and not as a part of the contract.
(b) Materials of construction, particularly those upon which the strength and durability
of the structure may depend, shall be subject to inspection and testing to establish con-
formance with specifications and suitability for uses intended.
' 8, "Or Equal" Clause
Whenever a material, article or piece of equipment is identified on the plans or in the
' specifications by reference to manufacturers' or vendors' names, trade names, catalogue
numbers, etc., it is intended merely to establish a standard; and, any material, article, or
equipment of other manufacturers and vendors which will perform adequately the duties
imposed by the general design will be considered equally acceptable provided the material,
' article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal
substance and function. It shall not be purchased or installed by the contractor without the
Architect/Engineer's written approval.
9. Patents
(a) The Contractor shall hold and save the Owner and its officers, agents, servants, and
employees harmless from liability of any nature or kind; including cost and expenses
for, or on account of, any patented or unpatented invention, process, article, or appliance
manufactured or used in the performance of the contract, including its use by the
Owner, unless otherwise specifically stipulated in the Contract Documents.
(b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which
. is authorized by the Owner of the project must be 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 -423S (R)
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ne rein otherwise expressly specified, r.eces sary or proper to perform and complf-te all the
work requt rc'i by this contract, within the time he rein sweet Eied, in accordance •.t•ah 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 '.r.
accordance with the directions of the Architect/Engineer as given from time to time during
the progress of the work. He shall furnish, erect, maintain, and remove such constr.:. Nor.
plant and such temporary works as may be required.
The Contractor sLnll observe, comply with, andbe subject to all terms, conditions, req'i:re-
ments, and ltm,tations 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.
lz. Weather Conditions
T 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
Subcontractors so to protect his work, such materials shall be removed and replaced at
the expense of the Contractor.
13. Protection of Work and Property --Emergency '
The Contractor shall at all tames safely guard the Owner's property from injury or loss in
ccnr.ecttor. with this contract. He shall at all times safely guard and protect his own
and that of adjacent property from damage. The Contractor shall replace or make good any
such damage, loss or injury unless such be caused directly by errors contained in the con-
tract or by the Owner, or his duly authorized representatives.
In case of an emergency which threatens loss or injury of property, and/or safety of life,
the Contractor will be allowed to act, without previous instructions from the Architect,'
Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately there-
=. fte r. Any claim for compensation by the Contractor due to such extra work shall be
promptly submitted to the Architect/ Engineer for approval.
Where the Contractor has not taken action but has notified the Architect/Engineer of an
emergency threatening injury to persons or damage to the work or any adjoining property,
he shall act as instructed or authorized by the Architect/Engineer.
The amount of reimbursement claimed by the Contractor on account of any emergency
action shall be determined in the manner provided in Paragraph l' of the General Conli-
t;
14. Inspection
The author:..ed rei.r,osentatives and agents of the Department of Housing and Urhar Deve..'ii.-
ment shall he pe rmttte,t to inspect all work, materials, payrolls, records of pt:rsnnnel,
invoices of materials, and other relevant data and records.
14. Reports, Recrnrds, and Data
The Contractor shall submit to the Owner such schedule of quantities anti costs, progr,ss
schedules, payrolls, reports, estimates, records and other data as the Cwcrrr may request
concerning w-nrl' per f:nrm.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 understood that such
representative shall be acceptable to the Architect 'Er.g,neer and shall he nn,: who can In
continued in that capacity for the particular job invoked unless he .ca -,es to b,• on the
Cnr.tractor's payroll. I
MUD-117RS 9-rai '
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' 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 shall be 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
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Without invalidating the contract, the Owner may order extra work or make changes by
altering, adding to or deducting fromthe work, the contract sum being adjusted accordingly,
and the consent of the Surety being first obtained where necessary or. desirable. All the
work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no
claims for any extra work or materials shall be allowed unless the work is ordered in
writing by the Owner or its Architect/Engineer, acting officially for the Owner, and the
price is stated in such order.
19. Time for Completion and Liquidated Damages
It is hereby understood and mutually agreed, by and between the Contractor and the Owner,
that the date of beginning and the time for completion as specified in the contract of the
work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further
mutually understood and agreed that the work embraced in this contract shall be commenced
on a date to be specified in the "Notice to Proceed."
The Contractor agrees that said work shall be prosecuted regularly, diligently, and un-
interruptedly at such rate of progress as will insure full completion thereof within the
time specified. It is expressly understood and agreed, by and between the Contractor and
the Owner, that the time for the completion of the work described herein is a reasonable
time for the completion of the same, taking into consideration the average climatic range
and usual industrial conditions prevailing in this locality.
If the said Contractor shall neglect, fail or refuse to complete the work within the time
herein specified, or any proper extension thereof granted by the Owner, then the Contractor
does hereby agree, as a part consideration for the awarding of this contract, to pay to the
Owner the amount specified in the contract, not as a penalty but as liquidated damages for
such breach of contract as hereinafter set forth, for each and every calendar day that the
Contractor shall be in default after the time stipulated in the contract for completing the
work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner
because of the impracticability and extreme difficulty of fixing and ascertaining the actual
damages the Owner would in such event sustain, and said amount is agreed to be the amount
of damages which the Owner would sustain and said amount shall be retained from time
to time by the Owner from current periodical estimates.
' It is further agreed that time is of the essence of each and every portion of this contract
and of the specifications wherein 2 definite and certain length of time is fixed for the
performance of any act whatsoever: and where under the contract an additional time is
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allowed for the completion of any work, the new time limit fixed by such extension shall
be of the essence of this contract. Provided, that the Contractor shall not be charged
with liquidated damages or any excess cost whenthe Owner determines that the Contractor
is without fault and the Contractor's reasons for the time extension are acceptable to
the Owner; Provided, further, that the Contractor shall not be charged with liquidated
damages or any excess cost when the delay in completion of the work is due:
(a) To any preference, priority or allocation order duly issued by the Government;
(b) To unforeseeable cause beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God, or of the public enemy, acts
of the Owner, acts of another Contractor in the performance of a contract with the
Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes,
and severe weather: and
(c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified
in subsections (a) and (b) of this article:
Provided, further, that the Contractor shall, within ten (10) days from the beginning of
such delay, unless the Owner shall grant a further period of time prior to the date of final
settlement of the contract, notify the Owner, in writing, of the causes of the delay, who
shall ascertain the facts and extent of the delay and notify the Contractor within a reason-
able time of its decision in the matter.
20. Correction of Work U
All work, all materials, whether incorporated in the work or not, all processes of manu-
facture, and all methods of construction shall be at all times and places subject to the
inspection of the Architect/Engineer who shall be the final judge of the quality and suit-
ability of the work, materials, processes of manufacture, and methods of construction
for the purposes for which they are used. Should they fail to meet his approval they shall
be forthwith reconstructed, made good, replaced and/or corrected, as the case may be,
by the Contractor at his own expense. Rejected material shall immediately be removed
from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace
any defective or damaged materials or to reconstruct or correct any portion of the work
injured or not performed in accordance with the Contract Documents, the compensation to
be paid to the Contractor hereunder shall be reduced by such amount as in the judgment
of the Architect/Engineer shall be equitable.
21. Subsurface Conditions Found Different I
Should the Contractor encounter sub -surface attd/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
1111O -423B$(9-70 t
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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 commerce performance thereof within ten (10) days from the date of the mailing to
such Surety of notice of termination, the Owner may take over the work and prosecute the
same to completion by contract or by force account for the account and at the expense of
the Contractor and the Contractor and his Surety shall be liable to the Owner for any ex-
cess cost occasioned the Owner thereby, and in such event the Owner may take possession
of and utilize in completing the work, such materials, appliances, and plant as may be on
the site of the work and necessary therefor,
24. Construction Schedule and Periodic Estimates
Immediately after execution and delivery of the contract, and before the first partial pay-
ment is made, the Contractor shall deliver to the Owner an estimated construction progress
schedule in form satisfactory to the Owner, showing the proposed dates of commencement
and completion of each of the various subdivisions of work required under the Contract
Documents and the anticipated amount of each monthly payment that will become due the
Contractor in accordance with the progress schedule. The Contractor shall also furnish on
forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of
the contract price and (b) periodic itemized estimates of work done for the purpose of
:Making partial payments thereon. The costs employed in making up any of these schedules
will be used only for determining the basis of partial payments and will.not be considered
as fixing a basis for additions to or deductions from the contract price. .
25. Payments to Contractor
(a) 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°,'0)
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,
materialrnen, 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
IMUD-42]3s(i) 8-7
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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 not 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 a'-1 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, s: -all operate to
release the Contractor or his sureties from any obligations under this contract or the
Performance and Payment Bond.
27. Payments by Contractor
The Contractor shall pay (a) for all transportation and utility services not later than the
20th day of the calendar month following that in which services are rendered, (b) for all
materials, tools, and other expendable equipment to the extent of ninety percent (?0.) ci
the cost thereof, not later than the 20th day of the calendar month following that ;r. wc`.
such materials, tools, and equipment are delivered at the site of the project, and the balance
of the cost thereof, not later than the 30th day following the completion of that part of the
work in or on which such materials, tools, and equipment are incorporated or used, oral
(c) to each of his subcontractors, not later than the 5th day following each payment to tV:e
Contractor, the respective amounts allowed the Contractor on acco int 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 the
O•.vner, nor shall the Contractor allow any subcontractor to commence work on his sub-
contract until the insurance required of the subcontractor has been so obtained and approved.
(a) Compensation Insurance: The Contractor shall procure and shall maintain during the
life of this contract Workmen's Compensation Insurance as required by applicable State
or territorial law for all of his employees to be engaged to work at the site of the pro-
ject under this contract and, in case of any such work sublet, the Contractor shall re-
quire
the subcontractor similarly to provide Workmen's Compensation Insurance for
all of the latter's employees to be engaged in such work unless such employees are
covered by the protection afforded bythe Contractor's Workmen's Compensation Insur-
ance. In case any class of employees engaged in hazardous work on the proiect 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 liabi'ity
insurance for the protection of such of his employees as are not otherwise protected.
(b) Contractor's Public Liability and Property Damage Insurance and Vehicle 1.:ab,iLty
Insurance: The Contractor shall procure and shall maintain during the life of this con-
tract Contractor's Public Liability Insurance, Contractor's Property Damage. Insurance
and Vehicle Liability Insurance in the amounts specified in the Supplemental General
Conditions.
(c) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability
Insurance: The Contractor shall either (1) require each of his snhront ractnrs to pro-
cure and to maintain during the life of his subcontract, Subcnntractn is Public Liability
and Property Damage Insurance and Vehicle L,abiltt: Insurance of Ihe. tppc .u: -n tn'
amounts specified in the Supplemental General Conditions specified in subparagraph (h)
hereof or, (2) insure the activities of his policy, specified in subparagraph (5} hereof.
(d) Scone of Insurance and S ecial Hazards: The insurance required cinder subparacraphs
(51 anc !c) n.ereoi snail provide adequate protection for the Contractor and his suhcrm-
tractors, respectively, against damage claims which ❑:.r. arae from Op.-r:,tion under
HUD-J?]S$ (9-701
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' 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 portionof the project for the benefit of the Owner, the Contractor,
subcontractors as their interests may appear. The Contractor shall not include any
costs for Builder's Risk Insurance (fire and extended coverage) premiums during con-
, struction unless the Contractor is required to provide such insurance: however, this
provision 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 L-tsurarce: The Contractor shall furnish the Owner with certificates
showing the type, amount, class of operations covered, effective dates and date of ex-
piratior. of policies. Such certificates shall also contain substantially the following state-
ment: 'The insurance covered by this certificate will not be cancelled or materially
' altered, except after ten (10) days written notice has been received by the Owner."
29. Contract Security
The Contractor shall furnish a performance bond in an amount at least equal to one hundred
' percent (100%) 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 (100t) of the
contract price or in a penal sum not less than that prescribed by State, territorial or local
law, as security for the payment of all persons performing labor on the project under this
' contract and furnishing materials in connection with this contract. The performance bond
and the payment bond 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
I. 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
I. or materials supplied for the performance of the work called for ir. this contract.
32. Mutual Responsibility of Contractors
If, through acts of neglect on the part of the Contractor, any other Contractor or any sub-
contractor shall suffer loss or damage on the work, the Contractor agrees to settle with
such other Contractor or subcontractor by agreement or arbitration if such other Con-
tractor or subcontractors will so settle, If such ocher Contractor or subcontractor shall
' assert any claim against the Owner on account of any damage alleged to have' been sus-
tained, the Owner shall notify the Contractor, who shall indemnify and save harmless the
Owner against any such claim.
' HUD-4238S(R) - 8-9
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33. Separate Contract '
The Contractor shall coordinate his operations iviththose cf other Contractors. Cocperat on
will be recurred 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 or. the part of other Contractors.
Failure of a contractor to keep informed of the work progressing or. the site and failure
to give notice of lack of progress or defective w•orkmans:^:p by others shall be construed
as acceptance by him of the status of the work as being satisfactory for proper coorc;natien
with his own work,
34. Subcontracting
(a) The Contractor may utilize the services of specialty subcontractors on those parts of
the work which, under normal contracting practices, are performed by specialty sub-
contractors.
(b) The Contractor shall not award any work to any subcontractor without prior written
approval of the Owner, which approval will not be given until the Contractor submits
to the Owner a written statement concerning the proposed award to the subcontractor, .'
which statement shall contain such information as the Owner may require.
(c) The Contractor shall he as full'� responsible to the Owner for the acts and omissions
of his subcontractors, and of persons either directly or indirectly employed by them,
as he is for the acts and omissions of persons directly employed by him.
(d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts
relative to the work to bind subcontractors to the Contractor by the terms of the General
Conditions and other contract documents insofar as applicable to the work of subcon-
tractors and to give the Contractor the same power as regards terminating any sub-
contract
that the Owner may exercise over the Contractor under any provision of the
contract documents,
(e) Nothing contained in this contract shall create any contractual relation between any
subcontractor and the Owner.
35. Architect/Engineer's Authority
The Architect/Engineer shall give all orders and directions contemplated under this con-
tract and specifications, relative to the execution of the work. The Architect_ 'Engineer shall
determine the amount, quality, acceptability, and fitness of the several kinds of work and
materials which are to be paid for under this contract and shall decide all questions which
may arise in relation to said work and the construction thereof. The Architect/ Engineer's
estimates and decisions shall be final and conclusive, except as herein otherwise expressly
provided. In case any question shall arise between the parties hereto relative to said con-
tract or specifications, the determination or decision of the Architect/Engineer shall be a
condition precedent to the right of the Contractor to receive any money or payment for
work under this contract affected in any manner or to any extent by such question.
The Architect/Engineer
shall decide the meaning and intent
of any
portion
of
the
specifica-
tions and of any plans or
drawings where the same may be
found
obscure
or
be
in dispute.
Any differences or conflicts in regard to their work which may arise between the Contrac-
for under this contract
and
other Contractors performing
work for the Owner shall be
adjusted and determined
by the
Architect/Engineer.
36. Stated Allowances
The Contractor shall include in his proposal the cash allowances stated in the Supplemental
General Conditions. The Contractor shall purchase the "Allowed Materials" as directed by '
the Owner on the basis of the lowest and best bid of at least three corrpetaive bids. If the
actual price for purchasing the "Allowed Materials" is more or less than the "Cash Allow-
ance, the contract price shall be adjusted accordingly. The adjustment in. contract price
shall be made on the basis of the purchase price without additional charges for overhead,
profit, insurance or any other incidental expenses. The, cost of installation of the 'Allowed
Materials'' shall be included in the applicable sections of the Contract Specifications cover-
ing this work,
HUD -4735 i9 _701
S-10
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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 eouipmentin such orderly fashion at the
site of the work as will not unduly interfere with the progress of his work or the work
of any other contractors:
(c) to place upon the work or any part thereof only such loads as are consistent with the
safety of that portion of the work;
(d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his
operations, to the end that at all times the site of the work shall present a neat, orderly
and workmanlike appearance:
(e) before final payment to remove all surplus material, false -work, temporary structures,
including foundations thereof, plant of any description and debris of every nature re-
sulting from his operations, and to put the site in a neat, orderly condition:
(f) to effect all cutting, fitting or patching of his work required to make the same to con-
form to the plans and specifications and, except with the consent of the Architect/
Engineer, not to cut or otherwise alter the work of any other Contractor.
38, Quantities of Estimate
Wherever the estimated quantities of work to be done and materials to be furnished under
this contract are shown in any of the documents including the proposal, they are given for
use in comparing bids and the right is especially reserved except as herein otherwise
specifically limited, to increase or diminish them as may be deemed reasonably necessary
or desirable by the Owner to complete the work contemplated by this contract, and such
increase or diminution shall in no way vitiate this cortr act, 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.
HUD -4785 (R)
8-11
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43. Provisions Required by Law Deemed Inserted '
Each and every provfsion of law and clause required by law to be inserted in this contract
shall be deemed to be inserted he rein and the contract shall be read and enforced as though
it were included herein, and if through mistake or otherwise any such provision is rot
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 '
1i The Contractor shall exercise proper precaution at all tines for the
protection of persons and property and shall be responsible for all damages
to persons or property, either on or off the site, which occur as a result
of his prosecution of the work. The safety provisions of applicable laws
and building and construction codes, in addition to specific safety and
health regulations desdribed by Chapter XLII, Bureau of Labor Standards,
Department of Labor, Part 1518, Safety and Health Regulations for Construction,
as outlined in the Federal Register, Volute 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 deternine to be reasonably necessary."
45. Subcontracts
"The Contractor will insert in any subcontracts the Federal Labor Standards '
Provisions contained herein and such other clauses as the Department of Housing
and Urban Development may, by instructions require, and also a clause requiring
the 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."
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 employed, and that employees are treated during employment, without
regard to their race, religion, sex, color, or national origin. Such
action shall include, but not be limited to, the following: employ^rent,
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 nondiscrirination clause.
(2) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, religion, sex, color, or national origin".
(3) The Contractor will send to each labor union Cr 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, 1065, 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. ! 1246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary '
8-12 of Labor.
HUD_fl39S 19_701
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(5) The Contractor will furnish all information and reports required by Executive Order
' No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the Department of Housing and Urban Development and the Secretary of
Labor for purposes ofinvestigationto ascertain compliance with such rules, regulations,
t and orders,
(6) In the event of the Contractor's noncompliance with the nondiscrimi nation 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-
t 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 aresult 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 Meinb3r 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-
' tion, or,
(c) When the project consists of more than one building, and one of the buildings is occupied,
secures permanent fire and extended coverage insurance, including a permit to com-
plete construction. Consent of the surety must also be obtained.
1
HUD -42785 (a)
8-13
I
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The Contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, creed, color, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitmentor recruitment advertising: layoff or termination: rates of pa'- Cr
other forms of compensation: and selection for training. including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions of this nondiscrimi-
nation clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, creed, color, or national origin.
50. Photographs of the Project
If required by
the Owner,
the Contractor shall furnish photographs
of the project, in the
quantities and
as described
in. the Supplemental General Conditions,
Si. 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; buttime 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 less often than mce
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 lees
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.
4[iSat�J.�i ttT�l"I:Tei)<sr, u�
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
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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.
511. ANTICIPATED COSTS OF FRINGE BENEFITS
Ill 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
t being provided by the Contractor must be submitted to the Local Public
Agency or Public Body with the first payroll filed by the Contractor
subsequent to receipt of the findings.
' 55. OVERTIPL COMPENSATION REQUIRED BY CO1'TRACT WORK HOURS AND SATTry
STANDARDS ACT (76 Stat. 357-360: Title 110 D.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 1+0 hours
in such work week, as the case may be.
(b) Violation: liability for unpaid wanes liquidated damages.
In the event of any violation of the clause set forth in paragraph a),
I. 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
RIm ):239-S(R)
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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 licuidated 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. 'EMPIDt4 '7T OF APPRTICES/'rRAINEES
. 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
allowa',le 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
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' 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
I. 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 emmloyee 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
I. 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 lees than the applicable predetermined
rate for the work performed until an acceptable program is
' approved.
C. Eaual Employment 0,tortunity. The utilization of apprentices,
I. trainees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 112(16, as amended, and 29 CFR Part 30.
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MUD -Pet.. V. C.
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57. E,I'LOD'IFuT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who, at the
time, is serving sentence in a penal or correctional institution shall
be employed on the work covered by this Contract.
58. REGULATIONS PURSUANT TO SO-CALLED "ANTI iiICKHACK 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
ae said Secretary of Labor may specifically provide for reasonable
limitations, variations, tolerances, and exemptions from the require-
ments
thereof.
59. LCYME2T OF LABORERS OR MECHANICS NOT LISTED Di AFORESAID WAGE
DETERMINATION DECISION
Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Contract will be
classified or reclassified conformably to the wage determination by the
Local Public Agency or Public Body, and a report of the ac'.`_on taken
shall be submitted by the Local Public Agency or Public Bcdy, throe
the Secretax'y 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.
6o. FRINGE EENEFITS 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.
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61. POSTI2(G WAGE DET -mIATION DECISIONS AND AUTHORIzrD 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.
' 62. CO,IVL.AINT'S, 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 ouch 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.
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63. CI,A .z.AariD 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. -
bit. QUESTIONS CONCERNILTG CERTAIN FEDERAL STATUTES AND REGULATIONS
Al]. 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 B ORDS OF CONTRACTOR AIM
The
Contractor and
each
subcontractor
shall
prepare his
payrolls
on forms
satisfactory to
and
in accordance
with
instructions
to be
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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.
66. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transporting of materials and supplies to or from the site of
the Project or Program to which this Contract pertains by the employees
of the Contractor or of any subcontractor, and the manufacturing or
furnishing of materials, articles, supplies, or equipment on the site
of the Project or Program to which this Contract pertains by 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
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without the Local Public A€ercy'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 IN CERTA32T SIIBCOIITRACTS
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• EACH OF FOR3ODTG 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.
70. Employment Practices
The Contractor (1) shall, to the greatest extent practicable, follow hiring and employmer
practices for work on the project which will provide new job opportunities for the unemploye
and underemployed, and (2) shall insert or cause to he inserted the same prevision in eac
construction subcontract.
71. Contract Termination; Debarment
IA breach of Section 45 and the Federal Labor Standards Provisions, may
be grounds for termination of the contract, and for debannent as provided
in 29 CFR 5.6.
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8-21
SO-CALLED "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR.
UNITED STATES DEPARTMENT OF LABOR
(Replaces section t of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C.,
tee. 276b) pursuant to the Act of June 25. 1948.62 Stat. 862)
Whoever, by force, intimidation, or threat of pro, urine disniitaI from employment. or by any other manner whet so.
ever induces any person employed in the constrmction. pronecutiun. cnm I detkm or repair of any public budding. public work.
or building or work financed in whole or in part by loans ear grants from the I noted ma es. to give up any part of the coin'
Penurious to which he is entitled under his contract of employment. shall be fined not more than $5000 or imprisoned not
more than five yon, 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 US.C.. sec. 276c)
The Secretary of Labor shall make measurable regulations for contraetnn and subcontractor? engaged in the rnnstruction.
prosecution, completion or repair of public buildings. public works or buildings or wnrka financed in whole or in part bloans
or grants from the United States, including a pro.idun that each contractor and subeontraetoi shall furnuh wrkly a statement
with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States lode) shall
apply to such statements.
Pursuant to the aforesaid .Ant6Kickbeck Act. the Secretary of Labor. United States Department of Labor, has promdl.
gated the regulations hereinafter we forth. which repdtllon. are found in Title 29. Subtitle A. Code of Federal Regulations.
Part 3. The term "this part,"as used in the regulations hereinafter s:e forth, refers to Part 3 last above mentioned. Said rep
ulatinns at a follows.
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
This part prescriber "anti-kiekbackregulations 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 pat by loans or pmts from the finned State&. The pen is intended to aid in the enforr einent of the
minimum wage provisions of the Davis -Bacon Act and the various statutes dealing with Federdlvas.uted construction that
contain emilar minimum wage provisions, including those provision, which am not subject to Reorgrnution Plan No. 14
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(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 prondent of the Contract Work Hours Standards Act whenever they an applicable to construction
work. The part details, the obligation of contractors and subcontractors relative to the weekly submission of statements nerd.
irg the wages paid on work covered thereby; sets forth the cueunsitanen and procedure governing the making of payroll de.
elections from the wages of thou 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 part:
(a) The tens "building" or "work" generally include connruction activity as distinguished from manufacturing.
furnishing of materials, or servicing and maintenance work. The time include, without limitation. buildings, structures, and
improvements of all types, such as bridges, damn, plants, hwhways, parkways. street., subways. tunnels. eewen, mains, power -
'line., pumping stations, railways- arports, terminate. docks. pen, whatve., ways, lighthouses. buove.lettiea. breakwaters,
knes, and canale; dredging. shoring, scaffolding. drilling, blasting. "ranting, clearing. and landscaping. Units conducted in
connection with and al the one of such a building or work as is described in the foregoing sentence. the manufacture or fumsih.
ing of material., articles, supplies. or equipment (whether or not a Federal or State agency acquires title to such materials,
articles, supplies, or equipment during the count of the manufacture or furnishing, or owns the materials (mm which they an
manufactured or furnished) is not a "building" or 'work" within the meaning of the regulations in this part.
(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 tranport-
ing of materials and supplies to or from the building or work by the employ eta of the construction contractor or construction
subcontractor, and the manufacturing or fuminhing of materials. artirles. supplies, or equipment on the site of the building or
work, by persons employed at the stn by the contractor or .ubcotractor.
(e) The terms "public budding" or "public work" include budding a work for whose corn ruction, Prosecution, com-
pletion, or repair, as defined above, a Federal agency I. contracting party, regardless of whether title thereof u in a Federal
agcy.(d) The term "building or work financed in whole or in pan by bane or grants from the United States"includes build-
ing or work for whose construction. prosecution. completion. or repair, as defined above. payment at pert payment is made
directly or indirectly from (unds pros ided by loans or grant. by a Federal agency. The term does not include building or work
for which Federal assistance u limited solely to loan guarantees or insuring.
(e) Every person paid by a contractor or subcontractor in sny mmner for his labor in the construction, prosecution.
completion, or repair of a public building or public work or building or week financed in whole or in part by loans or grants
from the United States is "employed" and receiving "rage.," regardless of any contractual relationship alleged to exist between
him and the real employee.
(f) The team "any affiliated person"includes a spouse, child, parent, or other close relative of the contractor or sub-
contractor;. partner or officer of the contractor or subcontractort 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 Seat", the District of Columbus, and all executive department., in-
dependent nabluhmenta, administrative Geneses. and instrumentalities of the United States and of the District of Columbia.
including corporation., all or substantially all of the stock of which is beneficially owned by the United Sates, by the Distance
of Columbia, or any of the foregoing department*, establishment, 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 parson in classification, higher than that of labor n
or mechanic and those who are the immediate supervisors of such employees.
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(b) Fxi contractor or so bcontractor engagrd in the construction. prosecution, eomp(clion, or repair of raw public
building or public work. or Lm Wing or work financed in wimb or part l s Iv ass or grouts front time IVisited St alrr. 4. iii
tumid, each week a statement with re -peel to the wages pabl each of its esplov eren_aced on work covered Lv 29 CUlt
Pots 3 and 3 during the preceding weekly pav roil period. Ibis slatrnenl hail Its executed by hit contractor nr cubron.
tractare oe by an audwnaed officer or employee of the rntrartor ortilonutnclnr who supervi¢s lite paynenl of w area, and
shall be on (urns Is' 11 3.10, "3lalcmrnl of Compliance", or on an idull cal (Linn an ILe luck of IPII .317, ''l'a % mu l (I or Con.
tractors Optional I c or on any form with identical wording. Svnlde copies of it'll 317 and 1V II 310 ma' be ublaiurJ from
the Government contracting or sponsoring agency. and copies of I forms Pip a) [me purchased at the Guvarmnent printing
Wrier.
(c) The requirements of title section shall not apply to soy contract of 52.000 or less.
(d) Upon a written finding b t the head of a Fcderal agency, the Srcrrnry of Labor may provide masnnable limitations.
variations, tolerauers, and r em litiona from tire regLire menit of I Iii, section mLjerl to such eonditionsiS tilt Secretary of
labor may Specify.
129 F.R. 93,1ait. 1.1%.!. a%amended at 33 F.R. 101116, f ury 17, I'M I
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
(a) Each weekly statonrenl coq wired under § 3.3 skull be delivered by 'i.e conlnrlor or su epantrarlor. %all ill !even
days after the regular pavne Lit dale oftime pas roll period. to a rrprc+Lit a rave of a Frd era, or State art tim in Shur at lhr
site of tint building or work, or. if there is no represrn btrve of a Frd•r l ur Sea Ie speney at We site of the guild ing or work,
the statemrnl ,Il3JI tic sailed by the contractor or sulmonIra ctor, w it inn such time, to a Federal or Slit,' a.e,cy Cr) nln•iii;
for or (ivanring lie budding or work. After such exam iiat ion and rl ere ac nav Le made. sue L Statement. or a c'pl dvrrol
shall be kept a iLa Ll-. or .hall be transm ii tippet lour wit It a report of any fl, al ion, in accord a nee will, appheaWc prucrdu rem
prescribed by the United Stales Department of Labor.
(b) Each contractor or subcontractor shall preserve his weekly pav roll rends fur a period of tbrm 'car. fmm date of
complel'nn of list contract. l'Le pas nil records dull vet out acv;.ntrly ud co nit 1,irly Iii name and add ri as of earl, ha lwrer
and mechanic. Lis cunr.l rla cifkaiion. rats of pat, dally amid w eek lv nu mher of gnu ri work rd. deduct it no ad r, and acl, al
wages paid. Such lay roll mcords shall be made available at all ,lies for inspection bt t lit contrarti n officer it L,a million zed
rrprernl dive, and by authorized rrprrvntat ive of tlm Oepartmrnt of Labor.
Section 15 Payroll deductions permissible without application to or approval of the Secretary of Labor.
Deductions made under ILc circumstance, or in Our situat sons described in i.e puagraplu of Ibis eeenon may he made
without application to and approval of the Secretary of Labor:
(a) Any deduction made in rvmplianee with lime rryuiremrr,I. of Federal. State. or local law, such as Federal or Stale
withholding income taxes and Federal social Security lases.
(h) Any deduction or sums lmevim„ly paid to time cm plul cc at a Ilona ride pre'mane nl of wages when such prepay mem
is made will oul di -count nr insert t. .. "bolo fide prepalme at of w sees"is considered to have tern n, ode only w lit,, u.b or
its equ ivalrol lam- Lrrn advanced to the person em plovrnl in out It mauler as to give Riot corn it Ire edmn of dispo,i Sion of time
advanced fund..
(e) Ant deduction of amounts n•quirrd by rnnrt process to be paid to armt hure. codes lime deduct ion is in favor of the
en tractor, subruntnytor or ass affiliated person, or w lien collusion or rd l hbora ton exists.
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(d) Any deduction constituting a contribution on behalf of the per n employed to fonds established by the employer
ot representatives of employees, or both, for the propose of pmndine either from principal or income, or both, medical or
hospital can, pensions or annuities on retirement. death benefits. compensation for repines, illness. accidents, mane". or
disability. or for insurance to provide any of the foregoing. or unemployment benefits. varanon pay. saviner accounts. or
imilarpayments for the benefit of employees, their families and dependents: Protded. howner. That the following standards
arc met: (1) The deduction is not otherwise prohibited b. law: (2) it is either: (i) Voluntarily ronsented to by the employee
in writing and in advance of the period in which the work is to be done and such consent it not a rndiion either for the
obtaining of or for the continuation of employment, or (u) provided for in a bona fide collective bargaining agreement be-
tween the contractor or subcontractor and reprewotatnes of ib empinvers, (31 no profit or other benefit is otherwise obtained.
directly 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 inure t of the employee.
(e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily
authorized by the employee. - t
(I) Any deduction requested by the employer to enable him to repay loans to or to purchase shares in credit unions
organised and operated in accordance with Federal and State credit union statutes.
(g) Any deduction voluntarily authorized b. the emplol re for the making of contributions to governmental or quiet. '
governmental agencies, such a. the American Red Gov.
(h) Any deduction w,hmtanly authorized by the employee for the making of contributions to Community Chen..
United Given Funds, and aimiliar charitable organizations.
(i) Any deductions to par regular union initiation fees and membership dues, not including (ine. or special axsamentc
Ptovided. however, That a collective bargaining agreement between the contractor or subcontractor and representatives of its
employees provides lot such deductions and the deductions are not otherwise prohibited by law.
(j) Any deduction not more than for the "naenat.b cod' of hoard. ludant. of other facilities meeting the ngwre
meets of section 3(m) of the Fair labor Standard. Act of 1938, a• amended, and Part 531 of On. title. h hen such a deduction
M made the additional records required under § 51627 (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 fur perms .ion to make any deduction not pa.
mitted under § 3.5. The Secretary may grant permiwon whenever he lends 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) voluntarily consented to by the employee in writing and in advance of the period in w hick
the work b to be done and such consent is not a condition either lot the obtaining of employment or its continuance, or (2)
provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representative. of its
employees: and
(d) The deduction serves the convenience and interest of the employee.
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Section 3.7 Applications for the approval of the Secretary of Labor.
Any application for the mating of payroll deductions nndet § 3.6 ,lull comply with the rcgmrrmc. is pre scrilwd ill she
following pragraplis of this seclion:
(a) the applieatiou shill be in writing and shall be nldrrsred to Um Secretary of labor..
(b) The application shall identify the contract or contracts under which time work in qunlion i to be performed. Per.
retaliation will be given for deductions oily on specific, identified contracts, except upon a showing of exceptional eirauinstanras.
(c) The application dull state affinmtively that there if compliance wish the atanduds sc) forth in the prop isiuns of
§ 3.6. The affirmas inn shall be acmm panics by a full statement of the facts indicating such compliance.
(d) The application shall include a description of the propasrd deduction, the purpose to be saved thereby. and the
daseca of labored or mechanics from whose wages the proposed deauttiun would be made.
(e) The application shall state the name and business of any third person to i,bom any funds obtained from the. pro.
posed deductions are to be transmitted slid the affiliation of wcb person. 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 rrqucued deduction is pnmiuible under provisions of § 3.6:
and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not dsewhcre provWcd for by this pert and which are not found to be permissible under § 3.6 are prohibibd.
Section 3,10 Methods of payment of wages.
The payment of wages shall be by rash, nerotiahle instruments payable on demand, or the additional fonnsof com1'cnsa
tion for which deduction, arc permissible under this part. No oilier methods of payment shall be neuguieed on work subject
to the Copeland Act.
Section 3.11 Regulations part of contract.
AU contracts made with respect'to the construction. prosecution. completion. or repair of any public building or public
work or building or work financed in whole or m pan by loans or grants from the United States covered by him regulations in
this part shall cxpressly bind the contractor or subcontractor to comply with such of the regulatim,s in this put as may be apt
plicable. In this regard, we § Si (a) of this subtitle.
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Index of General Conditions
Subject Section Subject Section
'
Accident Prevention.................... 44 Notice and Service...................... 4Z
Additional Bond.....,.................... 30 Obligations of Contractor..........,.. 11
Additional Instructions ................ 3 "Or Equal" Clause ..................... 8
'
Allowances ..... ........................... 36 Overtime Compensation ...1...... 55.
it Anti -Kickback Act ...................... 58. Owner's right to terminate ........... 23
Apprentices............................... 56. Patents.............................6....... 9 • ' Architect's Authority .........:........ 35 Payment of Employees..,......... ... 52
Assigrm .ents .............................. 31 Payments by Contractor.......... ... 27
Ennd, Security ........................... 29 Payments to Contractor............... 25
Bond, Security, additional............ 30 Payrolls and "accords 65.
Changes in Work ........................ 17 Periodic Estimates..................... 24
Claims for Extra Cost................. 22 Permits, Surveys, Regulations ...... 10
Completion time ......................... 19 Photographs .......................•.•...•a 50
Complaints, Proceedings or TestimOny 62, Posting Minimum wage rates ........ 61.
Condition, Subsurface .................. 21 Prohibited Interests.................... 48
I. Conflicting Conditions ................. 41 Protection of lives and health........ 44
Construction Schedule ................. 24 Protection of work, property......... 13
Contract flocument.................... 1 * Provisions required by law,,,........ 43
Contract Security ....................... 29 Quantities of Estimate.................. 38
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Contractor's Insurance ................ 28 Questions Concerning Regulations..... 64•
Contract Termination .................. 71. Release of Contractor.................. 26
Contractor's Mutual Responsibility 32 Removal of Debris ...................... 37
Contractor's Obli4atior.s.............. 11 Reports, Records and Data ........... 15
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Claims and Disputes 63. Responsibility of contractor.......... Si
Contractor's Title to Materials..... 6 Right of Owner to terminate.......... 23
Classifications Not Listed ..,........ 59, Rights -of -Way............................ 39
' Correction of V -o -k ..................... 20 Schedule of Construction .............. 24
Damages, Liquidated ................... 19 Security............... .................... 29
Data. Renn_te irr'. Rernr35,.......... 15 Separate c�.:tracts...................... 33
Debarment Breach of Labor Standards 69. Services, materials, facilities....... 5
Debris Removal ......................... 37 Shop Drawir..gs............................ 4
Definitions ................................ 2 Specific Coverage..,... I.................4 66.
Detail Drawings ......................... 3 Stated Allowances ....................... 36
Different Subsurface ................... 21 Subcontracting....................... 34 and 45
Discrimination, employment......... 46 Subcontractor's Insurance ............ 28
Drawings detail.......................... 3 Subcontractors Ineligible.............. 67.
• Emergencies ............................. 13 Substitute Bord........................... 30
Employment Practices .... ....... 70. Subsurface conditions .................. 21
Equal Employment Opportunity.... 46 Superintendence by contractor....... 16
Estimated Quantities................... 38 Surveys, permits ........................ 10
Extras ...................................... 18 Suspension of work ...................... 51
Final Payment ........................... 26 Termination of contract.......... 23 and 71
Guaranty, general ....................... 40 Testing of Materials.................... 7
Inspection ...................... 6.......... 14 Time for completion.................... 19
Inspection of Materials ................ 7 Title to materials ................,....., 6
Insurance .................................. 28 Use and Occupancy...................... 49
Lands and Rights -of -Way............. 39 Use of Premises......................... 37
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Legal Provisions, Implied............ 43 Underl-ayments of '.,cafes ................. 53
Liquidated damages .................... 19 Wages, Minimum .................I...... 52
Materials .................................. 5 Wageunderpayments,.................. 53
Member of Congress ................... 47 Weather Conditions..................... 12
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Minimum iti'a!•,os........ I ................ 52 Withholding of Payments.............. 53
Non-discrimination in Employment 46 * Anticipated Fringe Benefits......... 54
d Emplrynent Prohitited............... 57
'n Fringe Benefits Not Exrressed....... 6o
• * Provisions to be Included........... 69
+++f Attachrent to Federal Labor Standards Pre:�_icas
HUD -4385 (R) 8-27
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HUD -U238 -H( R)
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (9-66)
SUPPLEMENTAL GENERAL CONDITIONS
1. Enumeration of Plans, Specifications and Addenda
2. Stated Allowances
3. Special Hazards
4. Public Liability and Property Damage Insurance
5. Photographs of Project
I. 6. Schedule of Minimum Hourly Wage Rates
7. Builder's Risk Insurance
8. Special Equal Opportunity Provisions
9. Certification of Compliance with Air and Water Acts
10. Special Conditions Pertaining to Hazards Safety Standards and Accident
Prevention
11. Special Conditions
IA. 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
IC. 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
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1. ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA
Following are the Plans, Specifications and Addenda which form a part of this contract, as set forth in
Paragraph 1 of the General Conditions, "Contract and Contract Documents":
DRAWINGS ,
General Construction: Nos. 1 through 4
Heating and Ventilating:
Plumbing: "
Electrical: it I
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SPECIFICA TIONS:
General Construction: (Detailed) Page 17-1 to 17-15 , Incl.
Heating and Ventilating: " to , Incl. '
Plumbing: " to , incl.
Electrical: " to , Incl.
General Specifications: to , Incl.
Pipe Sewers rr 11-1 to 11-12 Incl.
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) S
(d) For (Page of Specifications) $ '
(e) For (Page of Specifications) $
(f) For (Page of Specifications) $ 8-29
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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 Damage Insurance in an amount not less than $ 100,000.00
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, 'r (2) insure the activities of his subcontractors
in his own policy.
' 5. PHOTOGRAPHS OF PROJECT
As provided in paragraph 50 of the General Conditions, the Contractor will furnish photographs in
the number, type, and stage as enumerated below:
' None required.
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' 6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY GAGE RATES AS RE-
' QUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS
• Given on Pages 4-1 1 4-2 and 4-3
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7. BUILDER'S RISK INSURANCE
IAs provided in the General Conditions, paragraph 25(e), tae Contractor mi:ia/will not maintain
Builder's Risk Insurance (fire and extended rove rage) on a ;<,O percent rompleted value haSls on
I. the insurable portions of the project for the benefit. or the Owner, the Contractor, and all suR-
contractors, as their interests may appear.
NOTE: 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.
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8. SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order 112!6, as Amended
' (Applicable to Federally assisted construction contracts and related
subcontracts under $10,000)
' During the performance of this contract, the contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Contractor shall take affirmative action to ensure that applicants for
employment are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, or national origin.
' Such action shall include, but not be limited to, the following: employment
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
' selection for training, including apprenticeship.
(2) The Contractor shall post in conspicuous places, available to employees
and applicants for employment, notices to be provided by Contracting Officer
setting forth the provisions of this nondiscrimination clause. The
I. Contractor shall state that all qualified applicants will receive considera-
tion for employment without regard to race, color, religion, sex, or nation
origin.
I. (3) Contractors shall incorporate foregoing requirements in all subcontracts.
B. Contracts Subject to Executive Order 1121x6, 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:
Cl) 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.
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(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 112146 of
September 214, 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 214, 1965, and by the rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the Department and the
Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract, or with any of such rules, regulations, or orders,
this contract may be canceled, terminated or suspended in whole or in part,
and the Contractor may be declared ineligible for further Government con-
tracts
or federally assisted construction contract procedures authorized
in Executive Order 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.
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Jowl tun: 19yt
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li ace in the Provision of Trainin
t and Business
During the •rare^ante of this contract, the contractor awes as follows:
(1) The contractor ae-rees to comply with the requirements of Section 3 of the
Housing and Urban Developa1snt Act of 1968 (12 USC 170(u), as amended, the
H-JTD reg lati_ns issued pursuant thereto at 24 CFR Part 135, and any appli-
cable r:.les and orders of HUD issued thereunder.
(2) The "Section 3 clause" set forth in 24 CFR 135.20(b) shall form part of
this contract, as set forth in Paragraph 1 of the C-3neral Conditions,
"Contract and Contract Documents".
(3) Contractors shall incorporate the "Section 3 clause" sham below and the
foregoing requirements in all subcontracts.
Section 3 Clause as Set Forth in 2h CFR 135.20(b)
A. The work to he performed under
this contract Is nn a pro),ct a_sutta un-
der a prccrem ;meld!'; ckxt rd.,: a1
financial zi suu:cy from the nypsrt-
ment of Housing end Urban De-eelop-
ment and is subject to the requirements
of section 3 of the Houslr.3 and Urban
Development Act of 1684, as amended. 12
U.S.C. 1701u. Secttrn 3 rquirea that to
the greatest extent feasibly npportunl-
ties for tra!ntng and erolo7ment he
given lower Income retld,nta of the
project nra tmd ccntr_ota for vorr In
cenrxtian with the prolr_t be awarded
to buslncea concern whtct an iaeatad
in, or awned In substantial J�'t by per-
sons raoldlna !n the area of the project.
B. The narties to this contract will
comply with the provltlons of said r. e-
tlon 3 and the reguiations isaued pursu-
ant thereto by the decretary ct Housing
end Urban Deveicr:vent set forth in 24
CFR and all anplicable rules and
orders of the Department t23ued that -
under prior to the execution of this con-
tract. The pnrti-s tv this contrast certify
and agree that they are under no con-
tractual or other disablllty which would
prevent them tram complying with these
requirements.
C. The contractor will Bend to each lo-
bar ora'nization rr repre:entative of
workers with which he has a collective
bargaining agreement or other contract
or understanding. 1t any, a notice advls-
Ing the said la`or organlratton or work-
enrenrcyentative of his commitments
under this section 3 clause and shall post
eopizs of the notice in ccnspicuous places
available to employees and applicants for
em^loyment or tra Ining.
D. The contractor will Include this
Section 3 Clause in every subcontract far
work In connectlan with the project and
will. ,at the dlryctton of the applicant
for or recipient of Federal `InancW as-
sistance, take appropriate action pursu-
ant to the subcontract upon a finding
that the subcontractor Is In violation of
regulations 1•sued by the Secretary of
Housing and Urban Development. 24
C: R. —. The contractor will not sub-
contract with any.aubcontractor where
It has nett^e or knowledge that the Latter
has been found in violation of regula-
tions under 24 CFR -- and will not
let any subcontract unless the subcon-
tractor has lint rrovided It with a pre-
liminary statement of ability to comply
with the requirements of these regu-
lattons.
E. Compliance with the provisions of
section 3, the regulations set forth in 24
CFR —, a"d all applicable rules and
orders of the Department Issued there-
under prior to the execution of the con-
tract, shall be a condition of the Federal
financial assistance provided to the proj-
ect. binding upon the applicant or recip-
ient for such assistance. Its successors,
and assigns. Failure to fulfil these re-
qutrementa shall subject the applicant or
recipient, Its contractors and subcontrac-
ton. its successors. and assigns to those
Sanctions specified by the grant or loan
agreement or contract through, which
Federal assistance is provided, and to
such sanctions as are :peopled by 24
CFR —.135.
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9. CER r TT_O,rOF D2LLUCE fTH k1A'. 5_ R ACTS
(Applicable to Federally assisted construction contracts and related t
subcontracts exceeding $100.000)
Ccnniiancs 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 amend
42 USC 1857 at seq., the Federal Water Pollution Control Act, as amended,
33 USC 1251 at seq., and the regulations of the Environmental Protection
Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the foregoing requirements, all nonexempt contractors and
subcontractors shall furnish to the owner, the following:
(1) A stipulation by the Contractor or subcontractors, that any facility
to be utilized in the performance of any nonexempt contract or sub-
contract, is not listed on the List of Violating Facilities issued by
the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the contractor to comply with all the requirements of
Section 114 of the Clean Air Act, as amended, (42 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 issue
thereunder.
(3) A stipulation that as a condition for the award of the contract, prom,
notice will be given of any notification received from the Director,
Office of Federal Activities, EPA, indicating that a facility utilize
or to -be utilized for the contract, is under consideration to be list]
on the EPA List of Violating Facilities.
(4) Agreement by the
the criteria and
section in every
will take such a
such provisions.
Contractor that he will include, or cause to be incla
requirements in paragraph (1) through (4) of this
nonexempt subcontract and requiring that the Contractor
ction as the Government may direct as a means of enfoIi
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1O. SPECIAL CONDITIONS PERTAINING i0 Y,kZARDS
SAFE1?A llA}7IJS MTh ACCUUENT PREVENTION
A. Lead -Based Paint Hazards
(Applicable to contracts for construction or rehabilitation of residential
structured)
' The construction or rehabilitation of residential structures is subject
to the HUD Lead -Based Paint regulations, 211 CFR Part 35. The Contractor
and Subcontractors shall comply with the provisions for the elimination
of load base paint hazards under sub -part B of said regulations. The
Owner will be responsible for the inspections and certifications required
under Section 35.lh(f) thereof.
' B. Use of Explosives
' 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
Ito protect completed work, neighboring property, water lines, or other under-
• ground structures. Where there is danger to structures or property from
blasting, the charges shall be reduced and the material shall be covered
with suitable timber, steel or rope mats.
The Contractor shall notify all owners of public utility property of
intention to use explosives at least eight hours before blasting is done,
I. close to such property. Any supervision or direction of use of explosives
by the Engineer, does not in any way reduce the responsibility of the
Contractor or his Surety for damages that may be caused by such use.
' C. Danger Signals and Safety Devices
The Contractor shall make all necessary precautions to guard against
' damages to property ai.d 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.
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1 11. 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
this work, or their duly authorized agents.
The word "Inspector" shall mean the engineering or technical inspector or
I. 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
I. 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
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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
I. 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
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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
I. 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
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shall be required to conform to the stakes as set by the Engineer, and to
carefully preserve all stakes.
IF. 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
I. 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
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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,
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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.
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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
t such structures being on the line of the work, whether or not such structures
are shown on the :plans.
' H. USE OF EXPLOSIVES
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.
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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.
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' K. PRIVILEGES OF CONTRACTORS IN STREETS
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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
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
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.
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G E N E R A L S P E C I F I C A T I O N S
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PIPE SEWERS
1. CONSTRUCTION SAFETY. Throughout these specifications, whenever engineering
decisions are to be made to ensure adequate construction in accordance with the
plans and specifications, such inspection and engineering decisions are not to
be construed as supervision of the Contractor's work force, nor make the Engi-
neer responsible for providing a safe place for the performance of work by the
Contractor or the Contractor's employees or those of the suppliers, his sub-
contractors, nor for access, visits, use, work, travel, or occupance by any
person, as these responsibilities are covered under the provisions of the
contract, the Contractor's insurance and performance bond and cannot be the
responsibility of the Engineer.
The above provision does not prevent the Engineer or his personnel from
requiring reasonable safety standards, if, in the course of their technical
supervision, it comes to the attention of the Engineer that reasonable safety
standards are not being carried out.
2. VITRIFIED CLAY SEWER PIPE. All clay sewer pipe and fittings for sanitary
sewers shall be of the best quality of hard -burned vitrified glazed clay bell
and spigot sewer pipe meeting the requirements of A.S.T.M. Designation C 13-57 T.
' 3. JOINTING, VITRIFIED CLAY PIPE.
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A. Factory Installed Joints. Unless otherwise shown on the plans or provided
for in the Proposal and Detailed Specifications, the vitrified glazed clay
pipe shall also have factory -applied joints or coupling on the spigot and
bell ends of the pipe meeting A.S.T.M. Designation C 425, latest revision,
and compounded of a high quality polyurethane elastomer applied to the
pipe and properly manufactured to a desired hardness and compressibility
to form a tight compression joint. The resilient polyurethane should
have the following characteristics:
1. A minimum tear strength of 50 psi (A.S.T.M. D624).
2. Percent elongation of not less than 80 percent and shall return to
original volume and shape upon release of elongating force (A.S.T.M.
D 412).
3. A compression set value of less than 5 percent (A.S.T.M. D395 A).
4. A minimum resistance to deflection of 165 psi at 10 percent
deflection.
5. A minimum (Shore "A" durometer) hardness of 70 from a temperature
range of 20 degrees to 100 degrees F.
Pipe Sewers
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factory -applied
joint shall be the
Dickey coupling, as manufactured
by
the W. S. Dickey
Clay Manufacturing
Company, or an approved equal.
B. Installing Factory -Jointed Pipe. In jointing vitrified glazed pipe, the
surface shall be wiped free of dust, dirt, gravel, or other foreign
materials prior to the application of the lubricant. The vitrified
glazed clay pipe with the factory -applied coupling shall be connected
by first brushing upon the mating surfaces the proper lubricant as
recommended by the pipe supplier. The spigot end shall then be centered
on grade into the bell end of the last downstream clay pipe length and
shoved "home" and properly seated with the application of a moderate
force by a pry or lever device.
C. Poured Joints. Where poured joints are specified, the joint shall
consist of jute packing and of a joint poured with bitumastic material
as hereinafter specified. The spigot of the pipe shall first be centered
in the bell by caulking with dry jute packing. Only sufficient jute
packing shall be used to retain the filler. The use of oiled jute will
not be permitted. After centering, the joints shall be poured with a
rope or runner to be used to retain the joint material in the bell.
The minimum depth of the asphaltic point shall be 1-1/2 inches. The
pouring shall not be removed until the joint has completely set.
Pipes 15 inches and under may be poured on the surface in sections not
to exceed two joints, and lowered into the trench so that they will be
true to line and grade. After pouring, care shall be taken to prevent
pressure from being placed on the joints so that the pipe is not bent
out of line. Before the joints are made, both the bell and the spigot
end of the pipe shall be primed with an approved primer which will ensure
the adhesion of the joint material to the pipe.
The material shall meet the following requirements: The joint compound
shall be hot -poured, mineral -filled, plastic -type, and have the following
chemical and physical properties both before and after heating with
stirring in an open pot at 4300 F. to 4500 F. for five or eight hours.
(This is expected to approximate a working day on the job.)
Bitumen or other plastic
Inorganic Matter
Organic Matter insoluble in carbon
disulphide
Specific Gravity at 77° F.
(A.S.T.M. D 71-27)
Softening point, Degrees F.
(A.S.T.M. D 36-26)
Penetration at 320 F.
at 77° F.
at 115° F.
(A.S.T.M. D 5-25)
Flash Point (A.S.T.M. D 92-96)
Fire Point (A.S.T.M. D 92-46)
The compounds shall flow freely
at 430° F.
38-43
57-62
Not more than 5 percent
1.65-175
200-230
Less than 0.5
Less than 0.5
Less than 2.5
Greater than 600° F.
Greater than 650° F.
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No chemical action shalltake-place when the joint compound is immersed
for 60 days in each of the following solutions: 5 percent H2304, 5 per-
cent NaOH, 5 percent KOH, 5 percent NaOCL, water saturated with H2S or
raw sewage.
' The joints shall be made in accordance with the manufacturer's published
instructions. In general, the compound shall be heated in a suitable
heater to a temperature of 4300 F. to 4600 F. The material provided for
in these specifications shall be JC-60 Compound as supplied by the Atlas
Mineral Company, or approved equal.
4. CAST IRON PIPE. Where cast iron pipe is specified to be used, unless
' superseded in the Detailed Specifications or on the Plans, the pipe shall be
Class 150 cast iron pipe meeting A.S.A. Specifications A21.6 or A21.8, using
either 18/40 or 21/45 iron. The pipe shall be Type III joints, meeting Federal
' Specifications WW -P -421b, or slip-on joints as hereinafter specified, and shall
be coated with half standard thickness cement mortar lining, as set out under
Section 3.10 therein. Pipe meeting these specifications and having joints of
' molded rubber rings, such as "U. S. Tyton" joints, may be used.
All pipe fittings shall have joints conforming in general to Type II or Type
III of the above referred to Federal Specifications.
' 5. CEMENT PIPE. Unless otherwise specified in the Detailed Specifications,
pipe shall be standard vitrified clay pipe A.S.T.M. designation as set out
' above. If cement pipe is specified for any of the various phases of the work,
it shall be of the bell and spigot pattern and shall conform to the current
specifications for cement concrete pipe of the A.S.T.M. (C14 for pipe from
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4 inches to 24 inches inclusive, and C76 for pipe of larger sizes).
6. CONSTRUCTION IN GENERAL. Construction of sanitary sewers shall begin at
the low point of the line and continue in orderly succession throughout the
' work as directed by the Engineer. Any deviation from this procedure shall be
made only with the specific approval of the Engineer, and only after the right
of way has been cleared and the entire section staked and all elevations care-
' fully checked by the Engineer.
Laterals and mains shall not be constructed before their connection outfalls
have been completed.
' Unless specifically approved by the Engineer, appurtenances such as manholes,
branch crossings, etc., shall be built as the work progresses.
' 7. EXCAVATION. The Engineer shall have the right to limit the amount of
trench excavated in advance of laying of pipe. In general, such excavation
' shall not exceed 300 feet and trench excavated to grade shall not exceed.
150 feet.
The bottom of the trench shall be excavated to a true line and grade according
Ito the grades and lines furnished by the Engineer. For pipe sewers, the bottom
of the trench under each bell shall be excavated sufficiently to allow the pipe
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to rest throughout its length. Bell hole excavation shall also be sufficient
to allow proper placing of the joint compound.
Rock shall be excavated to a depth of not less than 3 inches below the estab-
lished grade line and refilled with sand or other approved material to an even
surface for pipe to rest upon throughout its length. Every trench in rock
shall be fully opened at least 50 feet in advance of the place where pipe
is being laid or concrete or masonry work is in progress.
8. TUNNELING. In general, all excavation will be in open trenches.
Tunneling will be permitted only on the written order of the Engineer or
wherever shown on the plans or specified herein. Tunnels constructed beneath
streets, railroad tracks or at other places, when so ordered by the Engineer,
shall be backfilled with sand, or if water is used in placing and back -
filling, they shall be completely flooded. The opening must be completely
filled with compacted material. If so ordered, loam soil may be used and
thoroughly tamped with air driven tampers. Attention is called to the Plans
and Detailed Specifications relating to highway and railroad crossings.
9. USE OF EXPLOSIVES. 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 underground structures. Where there is danger to
structures or property from blasting, the charges shall be reduced and the
material shall be covered with suitable timber, steel or rope mats.
The Contractor shall notify all owners of public utility property of intention
to use explosives at least eight hours before blasting is done close to such
property. Any suggestions as to the use of explosives by the Engineer does
not in any way reduce the responsibility of the Contractor or his surety for
damage that may be caused by such use.
10. BRACING AND SHORING. The sides of any excavation, when deemed necessary,
shall be properly supported with bracing, shoring or sheeting as the need may
be. Such bracing and shoring shall be withdrawn as the work progresses. In
case the excavation is close enough to buildings or other foundations as to
endanger their stability by the removing of such bracings, then they shall be
made secure and left in place, and the sewer trench backfilled and thoroughly
tamped with the bracing in place. Such work shall be done under the direction
of the Engineer. The Contractor will not be paid for such bracing, sheeting,
or shoring whether it is withdrawn or left in the trench.
11. REMOVAL OF WATER AND MUCK. The Contractor shall provide sufficient pumps ,
and other necessary equipment to keep the trench free of water which may
accumulate. If the bottom of the trench becomes soft and muddy, the Contractor
shall remove all such soft material and replace it with dry loam or sand at
his own expense.
12. EXCAVATION FOR MANHOLES. Excavation for manholes will be made of such
dimension and depth as to allow the construction of the manhole as shown on
the standard plans.
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After the
manhole
is
completed
and approved by;.the
Engineer, the earth shall
be tamped
around
the
outside to
a firm, compact
condition.
No extra payment will be made for manhole excavation outside of the pay lines
of the sewer excavation proper.
13. CLASSIFICATION OF EXCAVATED MATERIALS. Unless specifically provided for
in the Detailed Specifications and Proposal, no provision is made for classi-
fying excavation. In certain instances, however, provision is made in the
Proposal for payment for rock excavation. Most of the work is generally in
an area which might be underlaid with broken chert, and in some instances may
be solid sections of sandstone or limestone rock. To make a distinction
between what should be classified as rock is very difficult. Consequently,
the pay item for rock under this contract, if provision is made for such
payment, will include:
1. All rock or chert in solid layers.
2. All consolidated chert which cannot be normally excavated with
a three-quarter yard backhoe without undue damage to equipment.
Broken and badly weathered chert which can be readily removed
will not be classified as rock.
Where broken chert or rock is consolidated so that it is only removed with
considerable difficulty by the use of a backhoe, or requires undue hammering
with the bucket, or where heavy rippers are required, or where it is necessary
that materials be blasted, it shall be classified as rock.
Rock or broken chert, excavated in construction of right of way, will not be
classified and paid for as rock.
Measurement for rock excavation will be made on the basis of a ditch width
of 16 inches greater than the outside dimensions of the pipe being laid.
Rock excavated shall be measured on the job at the end of each day's opera-
tion, and the quantity of rock agreed upon between the inspector and the
Contractor or the Contractor's representative shall be recorded and initialed.
14. BACKFILLING. Backfilling shall consist of good earth, sand or gravel
free from all large stones or quantities of organic matter. Where other
materials such as concrete encasements are not specified on the plans, thin
layers of topsoil shall be thoroughly tamped evenly on both sides of the
pipe sewer so as to hold it in true alignment. This tamped material shall
extend at least to the top of the pipe. The trench shall then be filled by
hand with selected backfill material to at least 12 inches above the top of
the pipe. Where practical, or if in the opinion of the Engineer it is.
necessary, the Contractor will compact the fill by flooding it with water.
Other methods of compaction are normally set out in the Detailed Specifi-
cations.
Unless specifically set out in the Proposal, payment for backfilling shall be
included in other Proposal pay items.
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15. REMOVAL OF EXCESS EXCAVATION. Normally all excess material excavated
from the ditch line shall be removed from the site of construction. The Owner
may require that this material be deposited in selected spoil areas within
1,000 foot haul of the point of removal. If such areas of disposal are not
designated by the Owner, all excess material shall be disposed of by the
Contractor in an acceptable manner, at his own expense.
16. LAYING PIPE SEWERS. The connection of sewers to other sewers or appur-
tenances shall be in accordance with the Plans or under the direction of the
Engineer. The work shall be done in a workmanlike manner in such a way as
not to damage any other structures involved.
Sewer pipe shall be laid on a firm bed and in a perfect conformity with lines
and levels given.
All pipe shall be laid with even bearing on the bottom of the trench, which
shall be shaped with earth and prepared to conform to the form of pipe.
Niches of sufficient dimensions shall be cut in the bottom of the trench to
give perfect clearance to the bell of the pipe, but no larger than is
necessary to make a proper joint.
The inside shoulder of the bell and spigot ends must in all cases meet; the
bell end in all cases shall be laid toward the high end of the sewer. t
The grade of the pipe shall be obtained by the use of batterboards and a
"topline" and the Contractor will be required when practical, where pipe
laying is in progress, to maintain the "topline" for a distance covering
at least three grade stakes at all times. A graduated pole or rod shall be
provided for measuring from the cord stretched between batterboards to the
bottom of the trench while the trench is being prepared and to the sewer
invert while the sewer is being placed.
At all times during the progress of the work, the open end of the pipe shall
be temporarily closed with a wooden cover made for the purpose.
17. SEWER WYES. Sewer wyes are not normally specified but whenever a property
holder, with the approval of the Owner, desires to connect to the sewer while
the work is in progress, the Contractor shall install a standard wye connection
and stack and shall receive payment from such property holder without obli-
gation to the Owner. No deduction in the length of sewer pipe laid shall be
made for the installation of such wye. If no unit price is set out in the
Proposal, arrangement as to price may be agreed upon by the property holder
and the Contractor. In case sewer wyes are provided for in the Plans and
Proposal, they shall be installed as specified for the unit prices set out
in the Proposal.
18. LAMP HOLES. Lamp holes shall be constructed at the locations shown on
the Plans and shall conform to the Detailed Plans for such work. Payment for
construction of lamp holes shall be made on a unit basis for each lamp hole
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19. MEASUREMENT AND PAYMENT; FOR PIPE SEWERS:. Pipe sewers shall be measured
for payment in linear feet along the centerline of the sewer actually laid.
No deductions will be made for wye branches or manholes, measurement being
from center to center of manhole, or center of manhole to center of lamp
hole. Deductions will be made for special structures unless otherwise shown
' on the Plans. Sewers which extend only through the walls of a structure will
be measured to the actual end of the pipe except as provided for measuring
sewers through standard manholes. Where branch openings in manholes are
' provided for future construction, payment shall be made for such branch
opening according to the size of the opening and the number of feet from the
center of the manhole to the plugged end of the stub pipe. The cost of
placing caps on the end of pipe shall be included in the price per linear
' foot of pipe.
If the Proposal provides for unit price payment for pipe sewers, payment
shall be made at the unit price bid per linear foot of the size pipe speci-
fied, complete in place from 0 to 6 feet in depth. Extra depth trench shall
be paid for at the unit price bid for the extra depths as set out in the
' Proposal. Example: The Contractor will be paid for the unit price bid for
8 inch vitrified clay pipe sewers, 0 to 6 feet in depth, complete in place.
In addition, if the ditch is 9 feet 6 inches deep, he would be paid for
additional ditch depth at the bid price for "Linear Feet, Extra Depth Trench,
'• 8 to 10 feet in depth." (The unit price for "Linear Feet, Extra Depth
Trench, 6 to 8 feet in depth" would NOT be included in the price paid the
Contractor.)
The Contractor would also be paid for other work for which a unit price is
set out in the Proposal, such as rock excavation, special compaction and
pavement repairs.
1 20. MANHOLES. Manholes may be constructed of brick; 8 inch vitrified clay
radial manhole blocks; solid, precast, segmental, concrete masonry blocks;
I. or precast concrete manholes may used.
A. Brick. All brick shall be hard burned mud or shale sewer, or No. 2
' pavers, having one side fairly smooth, which smooth side shall be laid
to the inner side of the sewer manhole. They shall conform to the
standard specifications for paving brick of the A.S.T.M., Serial
Designation 6-7-15.
B. Vitrified Clay Radial Manhole Blocks. All vitrified clay radial manhole
blocks shall be hard burned blocks as manufactured by Hope Brick Works,
Hope, Arkansas, or equal.
C. Masonry Blocks. These blocks shall be solid, precast, segmental,
' concrete masonry blocks. They shall conform to A.S.T.M. Specifications
C139, with the following modifications:
1. Minimum compressive strength shall be 3,500 pounds per square inch.
' 2. The units shall be steam cured for a minimum of 8 hours.
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D. Precast Concrete Manholes. In general, precast concrete pipe manholes
shall be manufactured in compliance with the Standard Specifications for
Reinforced Concrete Sewer Pipe, A.S.T.M. Designation 1964 C478 of the
A.S.T.M., with the exception of steel reinforcement and strength tests.
The concrete used shall have a compressive strength of 4,000 psi; maximum
absorption determined by boiling test shall be 8 percent. Steel rein-
forcement
shall consist of a single line of circumferential reinforcement,
placed in the center of the concrete pipe wall, with a minimum sectional
area of .17 square inches per foot of pipe length.
The internal diameter of the manhole sections shall be 48 inches and the
wall thickness 5 inches. The cone sections shall have internal diameters
of 48 inches at the base and 24 inches at the top and a vertical length
of 36 inches. Other manhole pipe sections shall be made in lengths of
16, 32, 48 and 64 inches.
When cast iron steps are used, the multiple of 16 inch length concrete
pipe sections are required to maintain the 16 inch step interval. Neenah
R198oE 10 inch wide cast iron manhole steps, or equal, shall be used.
However, where steps are not required and portable ladders are used for
access to the sewers, straight sections of the required lengths can be
varied as specified.
Base sections shall have a flat bottom, with or without openings to
straddle the sewer pipe line. Openings can be made only in the base
sections with a vertical length of 32, 48 or 64 inches. One to four
openings of varying sizes shall be provided in any base section to
accommodate lateral sewers up to a maximum of 24 inches in diameter.
For the larger sewers, concrete should be cast to the top of the
laterals.
E. Mortar. Mortar for construction of manholes shall be mixed in the
proportion of one part of Portland cement to two parts sand. The
mixture shall be dry -mixed until it has a uniform color, after which
water shall be added as the mixing continues until the mortar has a
consistency such that it can be easily handled and spread with a
trowel. Mortar that is not used within 30 minutes after water has
been added shall not be used. Sand shall be as specified for Class "A"
concrete.
F. Joints. All brick or block shall have full mortar joints on the bottom
and sides. Every joint shall be formed at one operation by placing
sufficient mortar on the bed and forcing the brick or block into it.
Horizontal joints shall not exceed 3/8 inch and the vertical joints
on the inside of the manhole shall not exceed 1/4 inch.
G. Plastering Manholes. All manholes, except precast concrete manholes,
shall be plastered on both the inside and outside with 1/2 inch of
cement mortar. The plaster shall be smoothly laid, and on the inside
of the manhole all rough projections shall be removed.
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H. Manhole Steps. Manhole steps are required'.n all manholes 4 feet deep or
' more. During the construction of each manhole, cast iron steps shall be
set in place on the inside of the manhole, beginning 2 feet above the
bottom and placed not more than 18 inches below the top of the manhole.
' These steps are to be built to the dimensions shown on the Plans. The
ends shall be firmly built into the wall, allowing the steps to project
5 inches from the inside of the manhole.
II. Manhole Frames and Covers. The castings for manholes and other appur-
tenances shall be constructed according to the Plans for same on file
in the office of the Engineer.
' All castings for manhole heads, covers and other purposes must be of
tough gray iron, free from cracks, holes, swells and cold shuts, shall
' be of workmanlike finish, and shall conform to the Plans. The quality
shall be such that a blow from a hammer will produce an indentation on
a rectangular edge of the casting without flaking the metal. Before
leaving the foundry, all castings shall be thoroughly cleaned and
subjected to a hammer inspection.
The manhole cover and cover ring shall be of cast iron and shall not
weigh less than 300 pounds, and shall conform to the Plans on file in
the Engineer's office.
J. Manhole Bottoms. The Plans show manhole bottoms and inverts to be built
of Class A concrete. These are not a separate pay item.
K. Connections to Manholes. Pipe connections to manholes are a constant
' source of potential trouble. In order to ensure that pipe will not
break immediately adjacent to the manhole, care shall be taken that
excavation for the manhole bottom is limited to the area to be filled
' with concrete. The Contractor shall support pipe entering the manhole
ALL OF THE WAY to solid bedding by backfilling under the pipe and up to
midspring line with Class B concrete.
IL. Manhole Heights. Manholes are to be built to the existing ground surface
in all cases. When this is above the proposed street grade, the manhole
brickwork shall be drawn into a 25 inch diameter at a point 1 foot below
' said street grade, and the remainder shall be built as a 25 inch diameter
cylinder. Manholes shall be built to additional heights when required
• by the Plans. In all cases, after sewer construction is complete, the
top of the manholes shall be adjusted to fit the finished grade or to
the elevation shown on the plans.
M. Drop Manholes. Drop manholes, unless otherwise shown on the Plans, shall
' be constructed at all manholes where the difference in invert elevation
between incoming and outgoing sewer is 2.5 feet or more. Drop manholes
shall be constructed of the same materials and dimensions as are standard
' manholes, the only difference being in the inlet arrangements as shown
on the standard detail sheet.
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N. Payment for Manholes. Payment for construction of manholes shall include
every item of construction and materials, except that additional payment
shall be made for such pipe sewers as extend into or pass through them,
including all piping for drop manhole arrangement and pipe stubs. No
extra payment will be allowed for excavation, concrete, brick, steps,
manhole ring and lid, or other items excepting pipe sewers as provided
above.
Payment will be based upon the unit price bid for each manhole 6 feet or
less in depth, measured from the flow line of the sewer to the top of the
manhole. No distinction will be made between payment for standard and
drop manholes except as specified above in payment for pipe. Additional
payment will be made for manholes more than 6 feet in depth according to
the unit price bid for each additional foot or fraction thereof in excess
of the 6 foot depth.
21. INFILTRATION. After the contract is completed and the ditch settled, '
infiltration, or pipe leakage, shall not exceed 500 gallons per day per mile
of pipe per inch of pipe diameter. If poured joints are used, the leakage
shall conform to A.S.T.M. Designation C 425.
If infiltration or leakage exceeds this amount, the Contractor shall make such
repairs as are necessary to bring infiltration or leakage within specified
limits. The Contractor shall test the line by blocking off the various
sections of pipe, filling the line with water and measuring the leakage.
Particular attention is called to the fact that well laid pipe with premolded '
joints should be nearly watertight, and that often leakage is found in im-
properly built manholes. For this reason, special attention is called to
manhole construction required to prevent leakage regardless of the hydraulic
head on the outside of the manhole.
22. PAVED STREETS AND SIDEWALKS. Whenever sewers are built under normal
4 foot sidewalk crossings, the Contractor shall make necessary excavation by
tunneling and payment for such work shall be in accordance with the price bid
for excavation. If in the opinion of the Engineer it is necessary to cut the
sidewalk, the Contractor shall replace such sidewalk in accordance with his
contract. If payment is on a unit price basis, the Contractor shall be paid
for a cut equal to the outside pipe diameter plus 3 feet in width.
Damage to sidewalks caused by extra breakage due to trench excavation or
other damage during construction shall be replaced by the Contractor at his
own expense.
Cuts through pavement, either concrete, asphalt or brick or any combination
thereof, shall be replaced with like materials. Payment for such work shall
be on the basis of a cut 30 inches in width, plus outside pipe diameter, and
according to the unit price bid per square yard for such work.
Cuts or damaged pavement beyond this width shall be replaced at the expense of
the Contractor. The Contractor shall save all brick and asphaltic materials
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removed and shall use them and as much additional material of like quality as
' is necessary in making replacements.
All fills under sidewalks or paving shall be compacted to the density of the
original earth, if detailed compaction is not set out in the Detailed Specifi-
' cations.
When provisions for payment for repairing pavement and sidewalks are not made
' in the Proposal, the price bid in the Proposal for excavation shall include all
such costs and the Contractor shall not receive extra compensation' for such
work.
23. STREETS SURFACED WITH NON -PERMANENT PAVEMENT. Where sewers are laid
across, through or in streets, alleys or driveways surfaced with chat, gravel,
crushed stone, mine slag, oil mat or other non -permanent type surfacing, the
' Contractor shall save all such surfacing materials removed and shall replace
them to their original condition upon completion of the work. In case such
materials are not suitable for reuse or are damaged or destroyed, the Contractor
I. shall furnish such materials as are needed to restore the surface of the street
to its original condition. If materials which have been removed are not
available, the Contractor shall furnish such substitute materials as, in the
opinion of the Engineer, are suitable.
All fills in trenches crossing streets, sidewalks or other thoroughfares shall
be compacted to a density equal to that of the original earth.
I The Contractor shall receive no extra compensation for such work but shall
include such costs in the unit prices set out in the Proposal.
24. FENCES. Wherever the line of the sewer crosses fences it shall be the
duty of the Contractor to repair such breaks as are necessary. All such fences
shall be replaced to their original quality and condition. Wherever livestock
is being retained by such fencing, it shall be the duty of the Contractor to
maintain the fence in such condition at all times as will prevent the escape
of such livestock.
25. CROSSING STATE HIGHWAYS. Wherever the sewer line crosses a federal or
state highway, the maintenance superintendent of the particular division
involved will be notified. The Contractor, together with the maintenance
engineer, shall make such provision for detours and the protection of the
public as is necessary. The Contractor shall expedite the work as rapidly
as possible.
Construction of highway crossings, where set out as an item in the Proposal,
shall be paid for at the lump sum price bid for such work. This shall include
replacement of pavement and all other items of construction, except that, in
addition, payment shall be made for sewer pipe, cast iron pipe, concrete
encasement and excavation at the unit prices set out in the Proposal.
26. VITRIFIED CLAY PIPE - CAST IRON PIPE JOINTS. Where vitrified clay pipe
and cast iron pipe are connected, joints shall be made as shown on the
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Standard Sewer Detail Sheet. Unless otherwise shown on the Plans, joints shall
be Details No. 2 or 3, whichever is applicable to the particular conditions.
27. CLEARING AND RIGHTS OR WAY. In some sections of work, work shall be
constructed in fields and woods which are not now cleared of brush and weeds.
The Engineer will make a preliminary location of the work to be constructed,
and prior to the setting of construction stakes and layout information, the
Contractor shall clear rights of way and mow weeds, and remove brush and other
obstructions which hinder the final placing of grade stakes and basic layout
information.
Removal of Wild Cherry. Often work is on property in which livestock is at ,
large. It has been found that wilted wild cherry leaves are poisonous to
livestock. Consequently, wherever wild cherry is removed or damaged, the
branches shall be immediately removed from the site of the work, and burned
or disposed of so that it will be impossible for livestock to have access to
them.
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' D E T A I L E D S P E C I E I CATION S
CONSTRUCTION OF SANITARY SEWER LINES
Community Development Block Grant Program
City of Fayetteville, Arkansas
' DHUD Project No. SL -76-7-8-9
Plans No. Fy-74 - Dated January 1980
1. SCOPE OF THE WORK. The work to be done under this contract is as shown on
the plans and provided for in these specifications and shall include the furnish-
' ing of all materials, equipment, tools and supplies, and performing all labor
in the construction of work generally as follows.
' East Huntsville Street: approximately 260 feet of 6 inch pipe sewer and
one manhole, and all miscellaneous work for a complete installation.
18th Street: approximately 805 feet of 6 inch and 67 feet of 8 inch pipe
sewers, six manholes and all miscellaneous work for a complete installation.
Morningside Drive: approximately 823 feet of 8 inch pipe sewer, approxi-
' mately 300 feet of 6 inch pipe sewer, five manholes, and all miscellaneous
work for a complete installation.
' 2. GENERAL SPECIFICATIONS. The General Specifications shall govern and
control 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 non-
' applicable stipulations will have no meaning in this contract. In case of
conflict between General and Detailed Specifications, the Detailed Specifica-
tions shall govern.
' 3. COMPLETION TIME AND LIQUIDATED DAMAGES. The Contractor shall complete the
work provided for in this contract within 90 calendar days from the date set
' out in the Notice to Proceed. Liquidated damages as provided for in this
contract shall be $100.00 per day for each calendar day of delay in completion
beyond the time stipulated herein and provided in the contract.
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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
1 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.
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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 construc-
tion, 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
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 Sections 3, 4 and 11-M of the Supplemental General
Conditions.
Particular attention is called to the requirement of the Contractor to with-
hold 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.
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6. ELEVATION DATA. Elevations shown on the plans are referenced to bench
t 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 and on private property. The Owner will obtain easements where the
work is on private property.
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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.
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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 with reasonable promptness. All questions arising under this article
shall be decided by the Engineer, subject to arbitration. Also, see Section 40
of the General Conditions.
9. PAYMENT. Methods of payment provided for in the General Specifications
are in some cases superseded by specific conditions set out in the Bid and
these Detailed Specifications. In such cases, the provisions of the Bid and
these Detailed Specifications shall apply.
10. CHANGES IN WORK. Whenever the Owner requires work 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. Payment for such work
' shall be as set out in Section 17 of the General Conditions.
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 agreement 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
I. 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. FENCES - CUTTING AND REPAIRING. The plans may show fences to be crossed
' during the course of construction. Prior to clearing the right of way, the
Contractor shall install a braced post assembly on each side of the right of
way so that when the fence is cut, the tension on the fance is not reduced. He
' shall then construct temporary gates so as to maintain livestock in the original
pasture during construction.
I After all construction, including cleanup, is complete, the fences shall be
rebuilt to equal or better than original condition,. using new posts and wire.
The wire used in rebuilding of the openings shall be of the same general type
as the existing fences. Posts shall be pressure treated pine, having a minimum
' top diameter of 4 inches.
Where removal, replacement or repair of chain link fences is required, the
' Contractor shall retain a professional fence company to perform the work.
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14. UTILITY SERVICES. The plans do not indicate location of house sewer
services. The Contractor shall speedily repair all broken services and shall
make sure that the line is clean and there are no obstructions or rough pipe
left to catch waste material.
The plans show a portion of the line to be laid adjacent to power lines. It
shall be the responsibility of the Contractor to make any arrangements with
the power company for "tying off" poles. It also shall be the responsibility
of the Contractor to take whatever steps are necessary to provide for the
safety of the workmen and equipment when working in the vicinity of these
power lines.
' Protection and replacement of existing utility services are set out under
Section 19, subsection M of these Detailed Specifications.
' 15. SOURCE OF SUPPLY. The Contractor shall not start delivery of materials
until the Engineer has approved the source of supply. Only materials
conforming 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 prosecu-
tion 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.
16. SAMPLES AND TESTS. Where, in the opinion of the Engineer or called for
in the specifications, tests of materials are necessary, such tests shall
be made at the expense of the Contractor, unless otherwise provided for in
the General Conditions.
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
construction, allowing the Engineer reasonable time for the consideration and
testing of the samples submitted. Unless otherwise specified, tests 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.
' In all cases the Contractor shall furnish the required samples without charge.
All tests shall be made by a laboratory approved by the Engineer and the
Owner.
' 17. SEQUENCE OF THE WORK. The work shall be carried on as desired by the
Contractor, subject to the approval of the Engineer. Generally, however,
sewer line construction shall begin at the low part of this system and work
' progressively toward the high end of each line. The Contractor shall advise
the Engineer at least five days in advance of his plans in order for the
Engineer to survey those lines proposed for immediate construction.
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18. MATERIALS OF CONSTRUCTION - SANITARY SEWERS.
A. General. The plans show the location of the pipe sewer to be constructed.
B. Sewer Pipe. Sewer pipe used on this project for gravity sewers shall be
' vitrified clay pipe or ductile iron pipe. Pipe specifications are as set
out under Subsections C and D below.
C. Pipe Specifications - Vitrified Clay Pipe. All vitrified clay pipe shall
be ASTM Designation C-700, latest revision, extra strength. All joints
shall be compression sleeve in accordance with ASTM Specifications
C-594-72, Type B, latest revision.
D. Pipe Specifications - Ductile Iron Pipe. Ductile iron pipe shall be used
on this project at the locations shown on the plans. The pipe shall be
I. lined with one-half standard thickness cement mortar lining. The thick-
ness shall be Class 50 for 6 and 8 inch gravity sewer lines.
E. Manholes. All manholes shall be constructed of standard brick, clay
radial blocks, solid radial blocks, or cast -in -place concrete manholes.
Precast concrete manholes are not approved for use on this project.
1. Rings and Lids. Rings and lids shall have a combined weight of
approximately 300 pounds and shall be according to dimensions shown
on the plans.
' 2. Steps. Steps shall be 10 inches wide and constructed of either cast
iron or steel reinforced fiberglass equal and similar in design to
PermaSTEP Model 100-2 as manufactured by Utility Products, Inc.
I3. Concrete. Concrete used to pour cast -in -place manholes shall be 6
bag concrete mix acquiring a compressive strength of not less than
I. 3,000 psi within 28 days. All concrete shall have 5 percent + 1
percent air entrainment added at the ready mix plant.
F. Pipe Bedding. Material used for bedding of vitrified clay pipe shall
be crushed limestone Class SB-2 as defined in Section 306, page 114, of
the 1978 Edition of the Arkansas State Highway Department Standard
Specifications.
' G. Surface Repair Materials. Surface repair materials shall be in accord-
ance with the 1978 Edition of the Arkansas State Highway Department
' Standard Specifications.
H. Class B Concrete (Pipe Encasement and Cover). Concrete used for pipe
encasement and/or cover shall be 6 bag concrete mix acquiring a corn-
' pressive strength of not less than 3,000 psi within 28 days. All
concrete shall have 5 percent + 1 percent air entrainment added at the
ready -mix plant.
' I. Fertilizer, Seed and Mulch. Materials used for fertilizing, seeding and
mulching shall be in accordance with the 1978 Edition of the Arkansas
State Highway Department Standard Specifications.
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19. SANITARY SEWER LINE CONSTRUCTION.
A. General. The work to be done includes the construction of sanitary
sewers, including manholes and every other item of work necessary for a
complete and acceptable installation as shown on the plans and as
specified.
Any permits as required by the City are to be obtained by the Contractor.
In addition, the Contractor is required to obtain a written "Notice to
Proceed" from the City of Fayetteville Utilities Service Inspector. A
copy of this notice must be in the possession of the work crew before
construction is begun. Failure to comply will result in work being halted
for 24 hours.
B. Materials. All materials used in the construction of the sanitary sewer
line extensions on this project shall be as specified under Section 18
of these Detailed Specifications if not provided for in this section.
C. Clearing Right of Way. Parts of the construction are indicated on the
plans as being through brush, timbered areas, and fields of tall grass.
Through these sections the Engineer will stake the general location of
the right of way, and the Contractor shall clear the right of way of
brush and other debris and do such right of way construction as is
necessary to provide a relatively level working area. Upon completion
of this work, the Engineer shall provide line and grade stakes required
for construction.
In clearing right of way, the Contractor shall remove only those trees,
as flagged by the Engineer, necessary for the construction of the line.
Where sewer lines are to be constructed in close proximity with shade
trees or other fine trees, the Contractor will be expected to work near
the trees without removing or damaging them.
All brush, timber and other debris required to be removed from the
construction of the work shall be hauled from the site and disposed of
at the option of the Contractor.
There is not an extra pay item for the clearing of rights of way or
for the disposing of brush, timber or other debris resulting from the
clearing operation.
D. Grade Control. If the Contractor elects to maintain grade and alignment
with a laser beam rather than the batterboard system, he shall so advise
the Engineer so that the proper surveying procedures can be employed to
insure that accurate vertical control can be established for the laser
beam laying method.
E. Sewer Excavation and Pipe Laying. All sewer line excavation and sewer
pipe laying shall be in accordance with the General Specifications
covering Pipe Sewers. Sewer line excavation is not a special pay item
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and shall be included in the unit price bid in the Bid for the
various sizes of pipe, complete in place.
F. Rock Excavation for Sewers. The construction of the work is through
Ian area which might be underlaid with broken rock, and in some instances
may be solid sections of rock. To make a distinction between what
should be classified as rock is very difficult. Consequently, the pay
item for rock under this contract will include:
1. All rock or chert in solid layers.
2. All consolidated rock or chert which cannot be normally excavated
with a three-quarter yard backhoe without undue damage to equip-
ment. Broken and badly weathered chert which can be readily removed
' will not be classified as rock.
Where broken chert or rock is consolidated so that it is only removed with
considerable difficulty by the use of a backhoe, or requires undue hammering
' with the bucket, or where heavy rippers are required, or where it is
necessary that materials be blasted, it shall be classified as rock.
The act of drilling and blasting by the Contractor will not necessarily
cause the blasted material to be classified as "rock excavation." Rock
or broken chert excavated in construction of right of way will not be
classified and paid for as rock.
Measurement for rock excavation will be made on the basis of a ditch width
of 16 inches greater than the outside dimensions of the pipe being laid.
' Rock excavated shall be measured on the job at the end of each day's
operation, and the quantity of rock agreed upon between the Inspector
and the Contractor or the Contractor's representative shall be recorded
• ' and initialed.
G. Pipe Bedding. All sewer lines, except where ductile iron pipe is shown
on the plans to be used, shall be bedded in crushed rock bedding. Pipe
bedding shall be placed from a point at least 4 inches below the bottom
of the pipe barrel to the pipe springline by the full width of the
excavated ditch. All excess, loose dirt shall be removed from the ditch
prior to placement of the pipe bedding material. All overexcavation
below the pipe shall be backfilled with pipe bedding material. There
is not a separate pay item for pipe bedding.
' H. Pipe Protection Cover. The plans show the areas where additional SB-2 is
to be placed to a point 12 inches above the pipe. In all other areas,
select backfill material shall be placed over the pipe to a point 6 inches
' above the top of the pipe, except in rocky areas where this minimum is
increased to 12 inches. All of the above shall be done prior to machine
backfilling. There is not a separate pay item for pipe protection cover.
' I. Trench Backfill. After the pipe protection cover has been placed, the
trench shall be backfilled and compacted as much as possible with the
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backfilling equipment. The trench shall be backfilled with excavated
material except as follows.
1. Lawns, Gardens, and Other Well Kept Areas. The top 6 inches of the
backfill shall consist of good grade topsoil placed immediately after
backfilling the remaining portions of the trench. Before excavation
begins in these areas, an adequate amount of topsoil shall be stock-
piled nearby to comply with this requirement. No additional payment
will be made for this item of work.
2. Driving Surface Crossings. In all areas where excavation crosses
driving surfaces, both public and private, hard or graveled surfaced,.
the entire depth and width of the trench shall be backfilled with
crushed limestone from a point 3 feet outside each edge of the
driving surface. As the ditch settles, additional crushed rock
will be added to bring the ditch to finished grade. Payment will
be made as set out in the Methods of Measurement and Payment section.
3. Parallel to Driving Surfaces. In all areas where excavation is
within the driving surface of a graveled or paved road, street or
drive, the top 12 inches of the trench shall be backfilled with
crushed limestone immediately upon completion of the remaining
portions of the backfilled area. As the ditch settles, additional
crushed limestone will be added to bring the ditch to finished
grade. No additional payment will be made for this item of work.
J. Manholes. All manhole brick, mortar, manhole rings and lids, manhole steps,
etc., shall be in accordance with the General Specifications, except as
follows.
1. Precast concrete manholes are not approved for use on this project.
2. A layer of plaster 1 inch thick shall be applied to both inside and
outside walls of all manholes constructed with brick, clay radial
blocks or masonry blocks rather than a one-half inch thickness as
set out in the General Specifications. The plaster shall be mixed
using a leak inhibitor such as Ironite.
' 3. Manhole rings and lids will conform to weights and dimensions shown
on the Standard Detail sheet of the plans or as set forth in
Section 18 of these Detailed Specifications.
' 4. Cast -in -place concrete manholes are approved for use on this project.
5. Specifications for cast -in -place manholes are hereinafter set out.
' K. Cast -In -Place Manholes.
1. Base. The concrete base shall have a minimum thickness of 8 inches
and shall be poured on undistrubed earth. The base shall be poured
so that the top of the base is a minimum of 2 inches and a maximum
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of 4 inches below the lowest pipe inside the manhole, except when
' the lowest pipe can be laid continuously through the manhole, the
base may be poured to a point 2 inches below the centerline of the
pipe, providing this point is not above invert of other pipes
t entering the manhole. The base shall have a minimum diameter of
8 inches greater than the outside diameter of the finished manhole
barrel.
' 2. Invert. The invert of the manhole shall be hand -placed and shaped
using a grout mixture consisting of two parts masonry sand and one
part Portland cement. The base and barrel of the manhole shall be
' cleaned thoroughly prior to placement of the invert. The invert
shall be shaped and smoothed so that the manhole will be self-
cleaning and free of areas where solids may be deposited as sewage
' flows through the manhole. In all cases except where the sewer pipe
can be laid continuously through the manhole, the entire diameter
of each pipe entering the manhole barrel shall be cut smooth with
the inside edge of the manhole barrel and the invert shaped through-
out from all inlet pipes to the outlet pipe.
3. Manhole Barrels. The barrel forms may be set as soon as the concrete
' base has cured enough to support the forms. The manhole barrel shall
be of such construction so that the finished manhole will have an
inside diameter of 4 feet 0 inches, plus or minus one-half inch.
Concrete used to pour the manhole barrel shall be 3,000 pounds per
'square inch test with a slump of approximately 4 inches.
Before the forms are set in place, any water that may have accumulated
t in the excavated area shall be pumped out and the concrete base
thoroughly cleaned, if required, of dirt and debris.
Before pouring of the concrete begins, a 2 inch layer of grout mixture,
as set out under Item 2 above, shall be placed in the bottom of the
forms.
' The forms shall be removed after the initial set of the concrete so
that holes may be cut in the manhole barrel for the installation of
pipes which are to enter the manhole at points other than adjacent
Ito the manhole base. After these pipes have been put in place, the
barrel shall be repaired using a grout mixture as set out under
Item 2 above. If honeycombing of the barrel is found to be present
after removal of the forms, they shall be repaired as directed by
the Engineer.
The top of the poured manhole shall be left at such an elevation so
' that two rings of standard brick are required to bring the manhole
ring to the finished elevation. A 3 inch wide by 2 inch deep keyway
shall be left in the top of the poured manhole to hold the mortar
for the first ring of bricks.
4. Curing. Curing compounds or covers may or may not be used at the
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option of the Contractor. However, it will be the responsibility of.
' the Contractor to protect the concrete to prevent cracking during
the curing process and to protect the manhole during freezing temper-
atures. The Engineer shall, at his discretion, prohibit pouring
concrete during periods of extreme cold or inclement weather.
5. Backfilling. The manhole shall not be backfilled less than 12 hours
after the forms have been removed. Extra care shall be taken to
' compact all backfill to the top of the highest pipe entering the
manhole.
IL. Testing. After the sewer line has been installed, backfilling completed
and manholes constructed, the Contractor shall proceed to air test all
sewer lines (except force main sewer) to determine if sewers are free of
' breaks or other defects which would permit excessive infiltration or
exfiltration.
The Contractor shall begin conducting tests as soon as the total length of
sewers have been completed.
On all gravity flow sewers, the Contractor shall conduct low pressure air
' tests of the various sections of pipe by use of equipment manufactured
for this purpose. The equipment shall include a regulator to avoid over -
pressurization and damaging an otherwise acceptable line. The equipment
used shall be identical or equal to the Air-Loc system as manufactured
by Cherne Industrial, Inc., Hopkins, Minnesota.
The low pressure air test shall be conducted by plugging each opening in
' the reach of pipe to be tested. All plugs shall be braced against slippage
due to internal pressure. One of the plugs provided must have an inlet tap
or other provision for connecting an air hose. After connecting the air
I. control equipment to the air hose, monitor the air pressure so that the
internal pressure does not exceed 5.0 psig. After reaching 4.0 psig, the
air supply shall be throttled to maintain between 4.0 and 3.5 psig for at
least 2 minutes in order to allow equilibrium between air temperature
and the pipe walls. During this time, all plugs shall be checked to
detect any leakage. If plugs are found to leak, the Contractor shall
bleed off the air, tighten the plugs, and again begin supplying air.
' After the temperature has stabilized, the pressure is allowed to decrease
to 3.5 psig. At 3.5 psig, the Contractor shall begin timing to determine
the time required for the pressure to drop to 2.5 psig. If the time, in
seconds, for the air pressure to decrease from 3.5 psig to 2.5 psig is
greater than that shown in the table below, the pipe shall be presumed
free of defects.
' Pipe Size Minimum Time (Minutes)
6 inches 3.0
8 inches 4.0
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If by use of the above procedure, a faulty section of line is found, that
section of line shall be tested at 20 foot intervals to determine the exact
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location of the break.
There is not a separate pay item for sewer line testing.
M. Protecting and Replacing Utility Services. In some instances the pipe
will be installed under, alongside and over existing utility services.
Much of the time these will be difficult to locate, and in some instances,
impractical to locate. The Contractor shall be responsible for locating
and protecting or repairing and replacing such services.
The various utility owners, gas company (gas lines), telephone company
(cable and conduits), and others not named will cooperate with the Con-
tractor in helping locate the underground services. However, the utility
owners cannot afford to keep men on the job full time.
Where the Contractor cannot make adequate repairs, the various utilities
will make repairs to all services, and such costs will be charged to the
Contractor. The Contractor shall make arrangements with the various
utilities either before his bid is presented or before construction starts
for this service.
Signs, mailboxes, posts, driveway culverts and other obstructions are to
be removed and replaced along the right of way. These shall be removed
and protected. After pipe line construction is complete, they shall be
replaced in their original conditions.
N. Driveways - Cut and Repair. The plans show the location of gravel drive-
ways to be crossed. The entire width and depth of the excavated trench
crossing gravel drives shall be backfilled with Type SB-2 crushed lime-
stone as specified under "Trench Backfill," paragraph I, above.
0. Streets - Cut and Repair. The plans show the location and type of streets
which will require cutting and repairing during the course of construction.
Prior to excavating the trench, the Contractor shall mark and cut with a
paving saw an initial joint for removal of the existing surfacing so that
the area to be removed is kept to a minimum width, closely parallels the
trench alignment, and avoids damaging the surface beyond the area required
to be removed.
After the pipe has been laid, the trench shall be backfilled and compacted
as herein described to level grade. After initial settlement has taken
place, the gravel (SB-2) backfill material shall be removed by hand to a
level 3 inches below the driving surface and shall be repaired with 3
inches of hot mixed -hot laid asphaltic concrete constructed in accordance
with the State Highway Department Specifications.
Dimensions of the area to be removed and replaced shall be as shown on
the plans.
The Contractor may choose to repair the surface with concrete in lieu
of asphalt. If so, then 6 inches of Portland cement concrete of a
minimum strength of 3,000 psi shall be substituted.
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P. Cleanup - Sewer Lines.
Ii. General. Cleanup shall be considered an important part of the project,
and adequate equipment and qualified personnel shall be assigned to
this phase of the work from the very beginning of the project. While
' the ditch line will not receive final cleanup until after the ditch
has had some time to settle, areas outsidethe immediate ditch line
shall receive final cleanup immediately following the pipe laying
operation and completion of manhole construction. Generally, two
classifications of cleanup will be required on this project, as follows.
(a) Class I. Areas of construction within lawns, gardens, or other
well kept areas, including street rights of way that are kept as
lawns by adjacent land owners.
1(b) Class II. Areas of construction within fields, meadows, and
street rights of way which are mowed or cultivated, gardens
excepted.
P2. Class I Cleanup. The top 6 inches of the ditch line shall be excavated
and placed so that it will not be mixed with the subsoil. The trench
shall then be excavated, the pipe installed and the trench backfilled.
' In Class I areas the top 6 inches of the backfill shall be good top-
soil. If the topsoil removed from the trench line is suitable, it
' shall be used. However, if this soil is not suitable, or if there
is not sufficient quantity, the Contractor shall haul in selected
topsoil.
' The topsoil shall be placed as a part of the initial backfilling
operation and shall be left slightly rounded to permit trench settling.
A 2 inch layer shall be placed over all damaged areas immediately
I. after completion of line installation. The entire area shall immediately
be hand -raked and all rock 1 inch in diameter or larger shall be removed.
The area shall then be fertilized with a commercial fertilizer
(10-20-10) at the rate of one pound per 100 square feet, as directed
by the Engineer.
After the area has been raked and accepted by the Engineer, the area
' shall be seeded at the rate of 0.15 pounds per 100 square feet, using
the following seed mixture (percent expressed in terms of weight).
Lawn Fescue 30%
Blue Grass 30%
Rye Grass (Annual) 30%
White Clover (Common) 10%
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
P2 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.
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As ditch line settlement occurs, the ditch shall be refilled with
topsoil, hand -raked, fertilized, reseeded, and mulched.
' 3. Class II Cleanup. The trench shall be excavated, the pipe installed
and the trench backfilled. After the backfill is completed and
' the surface over the trench left slightly rounded, the area shall be
immediately machine -raked to remove all rock 2 inches or larger
from the finished surface. All areas which have been disturbed,
such as equipment tracks, shall be carefully backfilled and repaired
as if they were a part of the actual trench excavation. As soon as
the area has been machine -raked, the entire disturbed area shall be
fertilized, seeded and mulched as previously set out.
IAll excess excavation shall be removed from the site, including hand -
raking excess material that has accumulated around fence posts,
' trees,. mailboxes, etc.
Final cleanup shall proceed in these areas not later than 30 days
after installation of sewer lines. If additional settlement occurs
' after final cleanup, the Contractor shall fill the settled areas,
machine -rake and reseed.
' 4. Payment. There is not an extra pay item for topsoiling, fertilizing,
seeding or mulching, where required. This work shall be compensated
for as a part of the price bid for sewer line installation.
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' 20. METHODS OF MEASUREMENT AND PAYMENT. Methods of measurement and payment
' as set out in the General Specifications covering the various items of con-
struction 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.
Payment for all work under this contract shall be made at the unit prices bid
' under the various items of the Bid as hereinafter set out.
Item No. 1 - 6" Vitrified Clay Pipe Sewer.
•Payment for the size and type of pipe will be made at the unit price bid
under this pay item, complete in place. The unit price bid shall include
furnishing the pipe, bedding, protective cover, and every item of work
' required to install the pipe in a trench 0 to 6 feet deep. Additional
compensation will be made only for those items of work specifically set out
in the Bid. Measurement will be in accordance with final lengths of pipe
' installed without deduction for manholes. Final lengths of pipe installed
will be determined from survey notes made by the Engineer in the course of
setting construction survey stakes.
' Item No. 2 - 8" Vitrified Clay Pipe Sewer.
Payment for the size and type of pipe will be made at the unit price bid
under this pay item, complete in place. The unit price bid shall include
furnishing the pipe, bedding, protective cover, and every item of work
required to install the pipe in a trench 0 to 6 feet deep. Additional
compensation will be made only for those items of work specifically set out
in the Bid. Measurement will be in accordance with final lengths of pipe
installed without deduction for manholes. Final lengths of pipe installed
will be determined from survey notes made by the Engineer in the course of
setting construction survey stakes.
Items No. 3 - 6" Ductile Iron Pipe Sewer.
Payment for the size and type of pipe will be made at the unit price bid
under this pay item, complete in place.. The unit price bid shall include
' furnishing the pipe, and every item of work required to install the pipe in
a trench 0 to 6 feet deep. Additional compensation will be made only for
those items of work specifically set out in the Bid. Measurement will be
in accordance with final lengths of pipe installed, without deduction for
manholes.
Item No. 4 - SB-2 Trench Backfill.
' Compacted SB-2 trench backfill or compacted driveway backfill shall be paid
for in accordance with the price bid per ton for material installed as called
for on the plans or ordered by the Engineer. Measurement shall be by delivery
tickets furnished and initialed by the Engineer's representative at the
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location the material is to be used. No payment will be made under this
item for SB-2 used for pipe bedding or protective cover.
' Items No. 5, 6, 7, 8, 9 and 10 - Extra Depth Trench.
' Payment for extra depth trench shall be made for gravity sewer lines only,
and in accordance with the unit prices bid per linear foot for each of the
various items. The depth of the trench is hereby defined as the distance
from the invert of the sewer line as constructed to the ground directly
t
above the pipe centerline. The linear feet to be paid for under each item
shall be determined by plotting the ground surface and the invert elevation of
the sewer line as constructed. By using these plotting procedures, the
' Engineer will determine the final quantity to be paid for under each item
without deduction reduction for manholes. Example: If the ditch plots to
be 7 feet 6 inches, payment will be made under the 6 foot to 8 foot classi-
fication. If the ditch plots to be 9 feet 6 inches, payment will be made
under the 8 foot to 10 foot classification, with no payment being made for
the 6 to 8 foot classification.
' Items No. 11 and 12 - Manholes and Extra Depth Manholes.
Payment for manholes 0 to 6 feet in depth shall be made at the unit price
'bid under Item 11 of the Bid and shall include every item of work necessary
for a complete installation. No additional payment will be made for rock
excavation in excess of the standard ditch width for the size of pipe being
' constructed. Additional compensation will be made under Item 12 of the Bid for
each linear foot of manhole constructed over 6 feet in depth. The final depth
of a manhole is defined as that distance to the nearest one -hundredth of a
foot measured from the invert of the lowest pipe to the top of the rim of the
' finished manhole. No payment will be made for the installation of manhole
drops, where required.
I. Manholes will be included only on partial payment estimates when every item
of work required to construct the manhole has been completed including con-
struction of grout inverts, placing of ring and lid, and backfilling the
manhole. No deviation will be made from this policy nor will compensation
be calculated for materials used in the construction of the manhole, except
for the value of manhole rings and lids for which the Engineer has been
furnished invoices.
Item No. 13 - Pavement Repair.
' Payment for the repair of existing asphalt or concrete streets or surfaces
which are required to be cut during construction of the sewer line shall be
made in accordance with the unit price bid per square yard, complete in place.
' Item No. 14 - Rock Excavation.
Payment for rock excavation required in the construction of the sanitary
sewers shall be made in accordance with the unit price bid per cubic yard.
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Rock shall be classified and measured as set out in Section 19, paragraph F,
of these Detailed Specifications.
Item No. 15 - Class B Concrete.
Payment for Class B concrete used for pipe encasement and cover shall be
made in accordance with the unit price bid per cubic yard. Class B concrete
will be placed as directed by the Engineer. Measurement shall be made by
delivery tickets furnished and initialed by the Engineer's representative at
the time of delivery.
21. FINAL INSPECTION - SANITARY SEWER LINE. The final estimate will be
' prepared and approved for payment upon the completion of all work and after
final inspection of the work has been made. 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.
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