HomeMy WebLinkAbout61-80 RESOLUTION" _
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RESOLUTION NO. CD /'a 0
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH BRAUN EXCAVATING COMPANY
FOR CONSTRUCTION OF SIDEWALKS ALONG GOVERNMENT AVENUE
AND DUNCAN AVENUE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
That the Mayor and, City Clerk are hereby authorized
and directed to execute a contract with Braun'Excavating
Company for the construction of sidewalks along Government
Avenue and Duncan Avenue at a total contract price of
$62,528.40. A copy of the contract authorized for execution
hereby is attached hereto, marked Exhibit "A" and made a
part hereof.
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PASSED AND APPROVED this � / —day of
ATTEST:
APPROVED:
1980.
Da A
MICROFILMED
CERTIFICATE OF RECORD
State. of Arkansas
City of Fayetteville
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I, Bonnie Goering, City Clerk and Er -Officio
recorder for the City of Fayetteville, do here-
by certify that the annexed or foregoing la
of record in my office and the came ap-
pears in Ordinance fa Resolution book
at page Witness my
hand and
this��l �C
---nay of
, ] 9 .'O
City Clerk and Ex-Officio`rd
Recorder
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CONTRACT
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THIS AGREEMENT, made this Al -_ day of , 19v`�, by and
between City of Fayetteville, Arkansas
herein called "Owner," acting
(Corporate Name of Owner)
MAYOR
herein through its , and
Mlle of Authorized Official) .
Braun Excavating Company
SfIt1EE OUT (a corporation) (flYrwtxrth4
INAPPLICABLE (atvfhxdtvRdiabatmoNkn>;saasx a corporation
TERMS
of Seymour
hereinafter called "Contractor."
, County of
Webster
and State of Missouri
WITNESSETH: That for and in consideration of the pavmcnts and agreements hereinafter mentioned. to be
made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and •omit!, ie
the construction described as follows:
Sidewalk and Storm Drainage Construction
hereinafter called the project, for the sum of $62,528.40 Ilnllars
($ _ ) and all extra work in connection therewith, urnder the teens 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 mnteriab, supplies.
- machinery, equipment, tools, superintendence., labor, insurance. and other acCvSSurir5 and services nerrS-aft to r,vq.
. pletc the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions. `up-.
plcmcntal General Conditions and Special Conditions of the Contract, the plans, which include all maps. plats, blur
prints, and other drawings and printed or writtemexplanatory matter thereof, the specifications and contract documents
therefor as prepared by Northwest Ef° 111Cer S , Inc. , herein entitled the Architect!Et :hirer,
and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which arc made a part hereof and rob
leetively 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' 80 consecutive calendar tla s
thereafter. The Contractor further agrees to pay, as liquidated damages, the sunt of S 10'0 • 0 0 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.
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IN WITNESS t\'lllallinl', Uu I:artira In Ihr•.r I r, -. nl liavr r arridrd Ibis rrinlrarl in pis ((')+;.utile rlrnrl`v, earl;
of wliir6 RIl111'l r an original, in (lie year and flay first plana mentioned.
(Sea I)
ATTEST:
tertiary)
(N'imess)
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NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
(Witness)
By
City of Fayetteville, Arkansas
(owner/
MAYOR
(Title)
Braun Excavating Company
(Contractor)
BY
President
(Title)
Route 3, Box 157-C
Seymour, MO 65746
(Address and Zip Code)
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HUD -4738•F (666)
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GP 0 869.380
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BRAUN EXCAVATING COMPANY
CONTRACT SECTIONS V f VI
MICROFILMED.
SPECIFICATIONS - BID DOCUMENTS
Sidewalk Construction
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
City of Fayetteville, Arkansas
DHUD Project No. SW -78-7906-7
Plans No. 80-507
May, 1980
NORTHWEST ENGINEERS, INC.
Civil Engineering Consultants
Fayetteville, Arkansas
SPECIFICATIONS - BID DOCUMENTS
Sidewalk Construction
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
City of Fayetteville, Arkansas
DHUD Project No. SW -78-7906-7
Plans No. 80-507
May, 1980
NORTHWEST ENGINEERS, INC.
Civil Engineering Consultants
Fayetteville, Arkansas
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TAB L E OF CONVENTS•
Advertisement. for Bids (4238-A)
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Information for Bidders (4238-B(R)
Bid Bond (4238-E)
Bid for Unit Price Contracts (4238-D)
Certification of Bidder Regarding Equal Employment
Opportunity (4238 -CD -1)
Certification by Proposed Subcontractor Regarding
Equal Employment Opportunity (4238 -CD -2)
Certification of Bidder Concerning Labor Standards
& Prevailing Wage Requirements (1421)
Certification of Proposed Subcontractor Concerning Labor
Standards $-Prevailing Wage Requirements (1422)
Contract (4238-F)
Performance. F, Payment Bond
Certificate of Owner's Attorney (4238-J)
General Conditions(4238-S(R)
Supplemental General Conditions (4238-N(R)
Supplemental General Conditions - Special Equal
Opportunity Provisions
Supplemental General Conditions - Certification of
Compliance with Air and Water Acts
Special. Conditions
Federal Labor Standards (4010)
Minimum Wage Rates
General Technical Specifications
Detail Technical. Specifications
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9-22
9-25
9-28
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(IUD -4238-A
(5-66)
U. S. Department of (lousing and Urban Development
ADVERTISEMENT FOR B1DS
Project No. HUD #SW 78-7906-7
City of Fayetteville, Arkansas
Separate sealed bids for the construction of approximately 9,500
lineal feet of 4 feet wide concrete sidewalks with'drainage im-
provements and other appurtenances for the City of Fayetteville,
Arkansas will be received by the Community Development Block
Grant Program, City of Fayetteville, Arkansas, at their office at
530 North College, Building B., Fayetteville, Arkansas, 72701
until 10:00 a.m. C.D.T., Thursday, June 5, 1980, and then at said
time and place, publicly opened and read aloud.
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 Community
Development Office, 530 North College, Builidng B, Fayetteville,
Arkansas, and at the office of Northwest Engineers, Inc., 505 West
Ash Street, Fayetteville, Arkansas 72701.
Copies may be obtained at the office of Northwest Engineers, Inc.,
located at the above address, upon payment of $25.00 for each set.
Any unsuccessful bidder, upon returning such setpromptly and in
good condition, will be refunded his payment.
The Owner reserves the right to waive any formalities or to reject
any or all; bids.
Each bidder must deposit with his bid, security in the amount,
form, and subject to the conditions provided in the Information
for Bidders.
Attention of bidders is particularly calledto 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 45 days after the actual date
of the opening thereof.
DATE
Richard L. Mason, Director
Community Development Department
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U. S. Ilepartment. of Housing :and Urban Development.
INFORMATION FOR BIDDERS
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 office of the Community Development Department
until 10:00 A.M. C.D.T., June 5, 1980, and then at said office
publicly opened and read aloud. The envelopes containing the
bids. must be sealed, addressed to the Community Development Block
Grant Program at 530 North College, Building B, Fayetteville,
Arkansas, and designated as Bid for Sidewalk Construction.
The Owner may consider informal any bid not prepared and submitted
in accordance with the provisions hereof and may waive any infor-
malities or reject any and all bids. Any bid may be withdrawn
prior to the above scheduled time for the opening of bids or author-
ized postponement thereof: Any bid received after the time and date
specified shall not be considered. No bidder may withdraw a bid
-within 45 days after the actual date of the opening thereof.
2 Preparation of Fid
Each bid must be submitted on the prescribed forst and accompanied
by Certif.ication.by Bidder Regarding Equal Employment Opportunity,.
Form HUD -4238 -CD -1, and Certification by Bidder (Contractor), con-
cerning Labor Standards and Prevailing Wage Requirements, Form
FUD -1421. All blank spaces for bid prices must be filled in, in
ink or typewritten, in both words and figures, and the foregoing
Certifications must be fully completed and executed when submitted.
Pach bid must be submitted in a scaled envelope bearing on the out-
side the name of the bidder, his address, and the name of the pro-
ject for which the bid is submitted. If forwarded by mail, the
sealed envelope containing the bid must he enclosed in another
envelope addressed as specified in the hid 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 con-
tract - -
Must be acceptable to the Owner after verification by the
HUD Area Office of the -current eligibility status, and,
Must submit Form HUD -4238 -CD -2, Certification by Pro-
posed Subcontractor Regarding Equal Employment Opportunity
and Certification by Proposed Subcontractor .Concerning
Labor Standards and Prevailing Wage Requirements,- Form
HUD -1422. Approval of the proposed subcontract award can-
not be given by the Owner unless and until the proposed
subcontractor has submitted the Certifications and/or other
evidence showing that it has fully complied with any re-
porting requirements to which it is or was subject.
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Although the bidder 1s not required to attach such Certifications by'proposed
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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.
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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.0ener, is satisfied that a written confirmation of the telegraphic
modification over the signature of the bidder was mailed prior to the closing
time. The telegraphic communication should not reveal the bid price but should
provide the addition or subtraction or other modification so that the final
prices ortermswill not be known by the Owner until the sealed bid is opened.
If written confirmationisnot received within two days from the closing time,
no consideration will be given to the telegraphic modiflcatlon.
5. Method of Bidding
The Owner invites the following bid(s):
Sidewalk Construction
6. Qualifications of Bidder
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The Owner may makesuch investigations as he deems necessary to determine the ability
o fthe bidder to perform the work, and the bidder shall furnish to the Owner all such
information and data for this purpose as the Owner may request. The Owner reserves
the right to reject any bid if the evidence submitted by, or investigation of, such
bidder fails to satisfy the Owner that such bidder is properly -qualified to carry out
the obligations of the contract and to complete the work contemplated therein. Con-
ditional bids will not be accepted.
Bid Security
Each bid must be accompanied by cash, certified' check of the bidder, or a bid bond,
prepared on the form of bid bond attached hereto, duly executed by the bidder as
principal and having as surety thereon a surety company approved by the Owner, in the
amount of 5% of the.bid. Such cash, checks or bid bonds will be returned to all ex-
cept the three lowest bidders within three days after the opening of bids, and the
remaining cash, checks, or bid bonds will be returned promptly after the Owner and
the accepted bidder have executed the contract. or, if'.no award has been made within
30 days after the date of the openinglof bids, upon demand of the bidder •at any time
thereafter, .so long as he has not been notified of the acceptance of his bid.
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 atter he has received notice of theaccept-
ance of his bid, shall forfeit to the Owner, as liquidated damages for such failure
o r refusal, .the security deposited with his bid.
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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 180 consecutive calendar days thereafter. Bidder must agree also to
pay as liquidated damages, the sum of $ 100.00 for each consecutive
calendar day thereafter as hereinafter provided in the General Conditions.
10. Conditions of Work
Each bidder must inform himself fully of the conditions relating to the con-
struction of the project and the employment of labor thereon. Failure to do so
will not relieve a successful bidder of his obligation to furnish all material
and labor necessary to carry out the provisions of his contract. Insofar as
possible the contractor. in carrying out his work, must employ such mrttods or
means as will not cause any interruption ofor interference with the ‘lorz of
any other contractor.
11. Addenda and Interpretations
No interpretation of the meaning of the plans, specifications or other pre-bid
documents will be made to any bidder orally.
Every request for such interpretation should be in writing addressed to
P. 0. Box 1173
Northwest Engineers, Inc. at Favettevi.11e, Arkansas 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 mail with return re-
ceipt requested to all prospective bidders (at the respective addresses fur-
nished
urnished 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 rellev.e such bidder from any obligation under his bid
'as submitted. All addenda so issued shall become part of the contract documents.
12. Security for Faithful Performance
Simultaneously with his delivery of the executed contract, the Contractor shall
furnish.a surety bond or bonds as security for faithful performance of this
contract and for the payment of all persons performing labor on the project
under this contract and furnishing materials in connection with this contract,
as specified in the General Conditions included herein. The surety on such
bond or bonds shall be a duly authorized surety company satisfactory to the
Owner.
13. Power of Attorney
Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond
a certified and effectively dater copy of their power of attorney.
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14. Notice of Special Conditions
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Attention Is particularly called to those parts of the contract documents and
specifications which deal 'with the following:
(a) Inspection and testing of materials.
(b) Insurance requirements.
(c) Wage rates.
(d) Stated allowances.
15. Laws and Regulations
The bidder's attention is directed to the fact that all applicable State laws.
muni,ipal ordinances, and the rules encl. regulations of all authorities having
jurisdiction over construction of the project shall.apply to the contract
throughout, and they will be deemed to be included in the contract the same as
though herein written out in full.
16. Method of Award - Lowest Qualified Bidder
If at the time this contract is to be awarded, the lowest base bid submitted
by a responsible bidder does not exceed the amount of funds then estimated by
the Owner as available to finance the contract, the contract will be awarded
on the base bid only. If such bid exceeds such amount, the owner may reject
all bids or may award the contract on the base bid combined with such deducti-
ble alternates applied in numerical order in which they are lisCed in the Form
of Bid, as produces a net amount which is within the available funds.
17. Obligation of Bidder
At the time of the opening of bids each bidder will be presumed to have in-
spected the site and to have read and to be thoroughly familiar with the plans
and contract documents (including all addenda). The failure or omission of
any bidder to examine any form, instrument or document shall in rio way relieve
any bidder from any obligation in respect of his bid.
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Supplcmcnt to FormIRJP-4238-n(R)
INF01124A110N FOR BIDDERS
18. SAFETY STANDARDS AND ACCIDENT PREVENTION
With respect to all work performed under this contract, the contractor
shall:
1. Comply with the safety standards provisions of applicable laws,
building and construction codes and the "Manual of Accident Prevention in
Construction" published by the Associated General Contractors of America,
the requirements of the Occupational Safety and Health Act of 1970 (Public
Law 91-596), and the requirements.of Title 29 of the Code of Federal
Regulations, Section 1518 as published in the "Federal Register", Volume
36, No. 75, Saturday, April ,17,.1971.
2. Exercise every precaution at all times for the prevention of accidents
and the protection of persons (including employees) and property.
3. Maintain at his office or other well known place at the job site, all
articles necessary for giving first aid to the injured, and shall make
standing arrangements for the immediate removal to a hospital or a doctor's
care of persons (including employees), who may be injured on the job site.
In no case shall employees be permitted to work at a job site before the
employer has made a standing arran6ement for removal of injured persons to
a hospital or a doctor's care.
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INK INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA PENNSYLVANIA
Proposal or Bid Bond
KNOW ALL MEN BY THESE PRESENTS, THAT WE BRAUN EXCAVATING COMPANY
as principal, and the INSURANCE COMPANY OF NORTH AMERICA, a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, having its principal place of business at Philadelphia, Pa., as surety, are held
and firmly bound unto
CITY OF FAYETTEVILLE, ARKANSAS
as obligee, in the penal sum of Five Per Centaof the Amount Bid (5% of Bid)
DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
SIGNED, sealed and dated this 5th day of June A. D. 1980
WHEREAS, the said principal is herewith submitting proposal for
Project #SW787906-7, Sidewalk Construction
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the
contract, the said principal will within the period specified therefor, or, if no period be specified, within ten (10) days
after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this
obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money
between the amount of the bid of the said principal and the amount for which the obligee may legally contract with
another party to perform the work if the latter amount be in excess of the former; in no event shall the liability hereunder
exceed the penal sum hereof.
PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any suits at law or proceedings in equity.,,,,„„
brought or to be brought against the Surety to recover any claim hereunder must be instituted and service had up'ori thb
Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee.rr-
41 � r
BRAUN EXCAVATING COMPANY a S
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grad
M1t.\K,y'y,�
85-1946 PRINTED IN U.S.A.
By
INSURANCE COMPANY OF NORTH AMERICA:c
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p%T
Gary L. Lac t 4torney-in-Fact , 3=
State of MO' -
County of St. LOui ss:
on the 5th day of June, 1980,
therein, duly commissioned and sworn, personally appeared Gary L. Lack
11,
mmim
before me, a Notary Public in and for said County and State, residing
known to me to be Attorney -in -Fact of Insurance Company of North America
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who • executed
the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation. executed the same.
'Fr •'• _ '
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IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, the day and year slatedin-this certificate above.
ryry A,fi�n//t //��AA�� G_ Y n :L....;
'fvfZr
y Commission Expires ��44,7 42zI tce e:e /e -m7- —5liC
Notary Public sem, •
360212-6-66
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POWER OF ATTORNEY
2' atest.
INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA, PA.
Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA,
a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia,
Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors of the said Company
on May 28, 1975, to wit:
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of
bonds, undertakings, recognizances, contracts and other writings in the nature thereof:
(1) That [he President, or any Vice -President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute for
and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the
same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the
Company affixed thereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident
Assistant Secretaries and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and
to affix the seal of the Company thereto.
(2) Any such writing executed in accordance with [hese Rules shall be as binding upon the Company in any case as though signed
by the President and attested by the Secretary.
(3) The signature of the President or a Vice -President and the seal of the Company may be affixed by facsimile on any power of
attorney granted pursuant to. this Resolution, and the. signature of.a.certifying-officer and the seal of the Company may be affixed by
facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid
and binding on the Company.
(4) Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the
Company, and any affidavit or record of the Company necessary to the discharge of their duties.
(5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9,
1953."
does hereby nominate, constitute and appoint H. ROBERT LARKIN, WM. W. FETNER, GARY L. LACK,
and PATRICIA 14. TOBIN, all of the City of St. Louis, State of Missouri
, each individually if there be more than one named,
its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed
any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the
execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully
and amply as if they had been duly executed and acknowledged by the regularly elected officers of the
Company at its principal office.
IN WITNESS WHEREOF, the said MICHAEL B. FODOR , Vice -President,
has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF
NORTH AMERICA this 22nd day of April 19 80 .
(SEAL) .
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
On this 22ndday of April , A. D. 19 80 , before me, a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came
MICI3AEL..&...FOOD& , Vice -President of the INSURANCE
COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding
instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the
corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and
direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to
in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia,
the day and year first above written.
MAUREEN$CRELL
(SEAL) Notary Public.
by
INSURANCE COMPANY OF NORTH AMERICA
MICHAEL B. FODOR
Vice -President
commission expires August 13, 1983
e undersigned, AIORWSecretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that
I POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect.
Ir4 witness'whereof, I have hereunto subscribed my name as A WATtxSecretary, and affixed the corporate seal
otp'oration, this . ' 5th day of June 19 80
SB -1C 7/75 Printed In U.S.A.
AMES S. WYLLIE AfgatOKSecretary
.'et
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
BID FOR UNIT PRICE CONTRACTS
Place Fayetteville, AR.
Date 675/80
Project No
Proposal of Braun Excavating Company,
SW -78-7906-7
(hereinafter
called "Bidder")* a corporation, organized and existing under the laws of the
State of
- Missouri
a corporation
,• a partnership, or an individual doing business
To the
Community Development Program
City of Fayetteville (hereinafter called "Owner")
Gentlemen:
The Bidder, in compliance with your invitation for, bids for the construction
o f a .Contract Section V - Sidewalks $ Storm Drainage
along Government Avenue and National Street
having examined the plans and specifications with related documents and the site
o f 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 ptices 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.
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Bidder hereby agrees to commence work under this contract on or before a date.
to be specified in written "Notice to Proceed" of the Owner and to fully complete
the project within 180 consecutive calendar days thereafter as stipulated in
the specifications. Bidder further agrees to pay as liquidated damages, the sum
o f $ 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:
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• Insert corporation, partnership or individual as applicable.
**Insert Addendum number(s) or the word "None" as applicable.
•HUD -4238D(2•69) R•pi•c•• CFA-238•Dwhich i• oh.oior•
SECTION V
4-1.5
Bidder agrees to perform•a.11 the construction work described in
the specifications and shwon on the plans for the following unit
and lump sum prices. Bidder may not "tie" his bid -for -this Contract
Section to any other Contract Section of this' project. He may bid
any one or any combination of Contract Sections.•
Item
1G Site Preparation
CONTRACT SECTION V
One Thousand One Hundred
(Words)
1G 18" Q CMP Culvert
Twenty -Two
(Words)
3G 18" 0 RCP Culvert
Twenty -Two
(Words)
4G Curb Inlets
Seven Hundred
5G Headwall
(Words)
Three Hundred
(Words)
Estimated
Quantity
Unit
Price Extended iq4p
Lump Sum $1,100 ?LS. $ 1,100.00
/.Dollars/L.S.
160 L.F. $ 22.7%.p. $ 3,520.00
/Dollars/L.F.
•
92 L.F. $
22./L.F. $ 2,024.00
/Dollars/L.F.
5 EA. $ 700.7 EA. $ 3,500.00
/Dollars/EA.
1 EA. $ 300.72A.$ 300.00
/Dollars/EA.
6G Type "A" Concrete Sidewalk
One Dollar and Seventy Cents
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3,680 S.F. $ 1 7S.F. $ 6,256.00 .
/Dollars/S.F.
7G Type "B" Concrete Sidewalk .1,800 S.F. $ 1•%S.F. $ 2,214.00
One``Dollatlands1twehty7ThreerCents/11ollars/S.F.
(Words)
SECTION V
4-16
1
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8G Concrete Street Paving 18.5S.Y.»s 16./S.Y. 1 2,960.00
Sixteen /Dollars/S.Y.
(Words)
9G SB -2 Base 135 Tons $ 10./Ton $ 1,350.00
Ten /Dollars/Ton
(Words)
ao
10G Topsoil, Seeding, Fertiliz- 800 S.Y. $ 2'/S.Y., $ 1,600.00
ing and Watering.
Two
(Words)
/Dollars/S.Y.
TOTAL BID, CONTRACT SECTION V: $ 24,824.00
iienty Four Thousand Eight Hundred Twenty Four Dollars
(Amounts are_ to be shown in both words and figures. In case
of discrepancy, the amount shown in words will govern.)
The above unit prices shall. include all labor, materials,
bailing, shoring, removal, overhead, profit, insurance, etc., to
cover the finished work of the several kinds called for.
Bidder understands that the Owner reserves the right to
reject any or all bids and to waive any informalities in the bidding.
The bidder agrees that this bid shall be good and may not be
withdrawn for a period of 45 calendar days after the scheduled closing
time for receiving bids.
Upon receipt of written notice of the acceptance of this bid,
bidder will execute the formal contract attached within 10 days and
deliver a Surety Bond or Bonds as required by Paragraph 29. of the
General Conditions. The bid security attached in the sum of
5% of Contract Amount
($ ) 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 liquidateddamages for the delay and additional
expense to the Owner caused.thereby.
SECTION V
4-17
•
Route 3, Box 157-C
Seymour, MO 65746
(SEAL - if bid is by a corporation)
1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
BID FOR UNIT PRICE CONTRACTS
Place
Date
•
Proposal of , Braun Excavating Company
my -
Fayetteville, Arkansas
6/5/80
Project No SW -78-7906-7
(hereinafter
called "Bidder")" a corporation, organized and existing under the laws of the
State of Missouri ,• a partnership, or an individual doing business
as a corporation
To the Community Development Program
City of Fayetteville (hereinafter called "Owner")
Gentlemen:
The Bidder, 1n compliance with your invitation for bids for the construction.
Contract Section VI = Sidewalks and Storm
of a•
Drainage along Duncan Avenue
having examined the' plans and specifications with related documents and the site
o f 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, herebyproposes 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 bespecified in written "Notice to Proceed" of the Owner and to fully complete
the project within 180 consecutive calendar days thereafter as stipulated in
the specifications. Bidder further agrees to pay as liquidated damages, the sum
o f $ 100.00 for each consecutive calendar day thereafter as hereinafter
provided in Paragraph 19 of the General Conditions.
**Bidder acknowledges receipt of the following addendum:
• Insert corporation, partnership or individual as applicable.
* *Insert Addendum number(s) or the word "None" as applicable.
•HUD -42380(249) Replaces CFA 238•Dwhieh irob,oleb -
SECTION VI
4-19
C Bidder agrees to perform all the construction work described in
the specifications and shown on the plans for the following unit
• and lump sum prices. Bidder may not "tie" his bid for this Con-
tract Section to any other Contract Section of this project. He
may bid any one or any combination of Contract Sections.
CONTRACT SECTION VI
Item •Estimated Unit
No. Item Quantity Price Extended
1D Site Preparation Lump Sum $ 1,600/j0S, $ 1,600.00
One Thousand Six Hundred /Dollars/L.S.
(Words)
2D 18" RCP Culvert
7O.L.F.
$
22/L.F. $ 1,540.00
Twenty -Two
/Dollars/L.F.
(Words)
3D 18" CMP Culvert
144 L.F.
$
00
22/L.F. $ 3,168.00
Twenty -Two
/Dollars/L.F.
( Words
4D Curb Inlets
2 EA. $ 700/EA: $ 1,400.00
Seven Hundred /Dollars/EA.
(Words)
SD Concrete Reatining Wall. 402-L.F. $ 26/L.F.I $10,773.60
• Twenty -Six Dollars and Eighty Cent�ollars/L.F.
(Words)
10
6D Type "A" Concrete Sidewalk 5,704 S.F. $ 1/S.F. $ 9,696.80
One Dollar and Seventy Cents /Dollars/S.F.
(Words)
SECTION VI
4-20
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23 .7D Type "B" Concrete Sidewalk 3,200 S.F. $ 1./S.F. $_3,936.00
I -I One Dollar and Twenty -Three Cents /Dollars/S.F.
(Words)
00
Ii 8D Concrete Street Pavement 65 S.Y. $ 16./S y $. 1,040.00
Sixteen ./Dollars/S.Y.
(Words)
00
9D SB-2 Base 135 Tons $ 10• /Ton $ 1,350.00
Ten /Dollars/Ton
(Words)
10D Topsoil, Seeding, Fertiiii- 1,600 S.Y. $ 2./S.Y. $3,200.00
ing and Watering
/Dollars/S.Y.
(Words)
TOTAL BID, CONTRACT SECTION VI: $ 37,404.40
Thirty Seven Thousand Four Hundred Four Dollars and Forty Cents
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• (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 finsihed work of the several kinds called for.
Bidder understands that the Owner reserves the right to
reject any or all bids and to waive any informalities in the bidding.
The bidder agrees that this bid shall be good and may not be
withdrawn for a period of 45 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'retiuired by Paragraph 29 of the
General Conditions. The bid -security attached in the sum of
5% o£ Contract Amount
($ ) is to become the
event the contract and bond are not
set forth, as liquidated damages for
pense to the Owner caused thereby.
I
property of the Owner in the
executed within the time above
the delay and additional ex -
SECTION -VI
4-21
H'
Respectfully Submitted:
By: President
it e
R ute 3, Box 157-C
Arkansas License No. Seymour, MO 65746
80-371 (Business Address and Zip Code)
if bid is by a corporation)
t J
SECTION VI
4-22
HUD -4238 -CD -1
((rto)
U.S. U[rAR1M[NT Of IIOU! NI(. AIIL I =RcN [if vl i.OnIAI IT
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
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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 4ubcon-
tractors, shall state as on 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 ail 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.
Bidder's Name:
Address:
CERTIFICATION BY BIDDER
Braun Excavating Company
Route 3, Box 157-C
Seymour, MO 65746 "
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity
Clouse. Yes [X] No E
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes ®'J No [Ti
3. Bidder has filed all compliance reports due under applicable instructions, including SF -100.
Yes XJ No jJ . None Required fl
4. If answer to item 3 is " No," please explcin in detail -on reverse side of this certification.
Certification — The information above is true and complete to the best of my knowledge and belief.
Jerid.Braun,
President
NAME AND
TITLE OF SIGNER
IPLEA5( TYPE)
6/5/80
SIGNATURE DATE
Previous Editions Obsolete
GPO 069.9)8
5-1
FORM APPROVED
BUDGET IIUREAU NO. 63.81138
HUD.423s-CD•2
(2-67)
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
AME OF PRIME CON TRAC
INSTRUCTIONS
OJECT 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 stale as
on initial part of the bid or negotiations of the contract whether it has participated in any previous contract or sub-
contract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under
applicable instructions.
Where the certification indicates that the subcontractor has not filed a compliance report due under applicable in-
structions, such subcontractor shall be required to submit a compliance report before the owner approves the, sub-
contract or permits work to begin under the subcontract.
SUBCONTRACTOR'S CERTIFICATION
Subcontractor's Name:
_r
Address:
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yesj_I No0
2. Compliance reports were required to be filed in connection with such contract or subcontract
Yes[j Hop]
3. Bidder has filed all compliance reports due under applicable instructions, including SF -100:
Yes 0 No 0 None Required 0
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 (PAeane Type)
SIGNATURE
Previous Editions Obsolete
DATE
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215709-P 5-2
D. C.
5-2
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Ue rc
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CONTPI.CTOR S
CER Tit rCATION
CONCERNING LABOR
STANDAID5
AND PREVAILI,:G
WAGE
REQUIREMENTS
c/o
1. The undersigned, having executed a contract with
r. IIorzC1 e.VuuLIs (If I'I,I
the construction of,the above -identified project, acknowledges that:
(a). The Labor Standards provisions are included in the aforesaid contract;
(b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and
any lower tier subcontractors, is his responsibility;
2. He certili as 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 Regulao ions
of the Secretary of Labor. Part 5 (29 CI R. Part 5)or pursuant to Section 3(a) of the Do vis-flacon Act, as
amended (40 U.5.C. 276u -2(a)).
(b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such sub-
contractor or any firm, corporation, partnership or association in which such subcontractor has a substantial
interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory
provisions.
3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subenn:ract,
including those executed by his subcontractors and any lower tie: subcontractors, a Suhcontractor's Certification
Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors.
(a) The legal name end the business addle is of the undersigned are:
Braun Excavatina Company
Route 3, B8x 15t -C
eymour., M 65746
111 A SINGLE PROPRIETORSHIP I IJI A CORPORATION OROANISEo IN THE STATE Or
A PARTNERSHIP
ORGANIZATION
(c) The name, title and address of the owner, partners or a(ficers of the undersigned area
NAME
TITLE
ADORESS
Jerid Braun
President
Treasurer
Route 4, Box 100
Seymour, MO
Mildred Braun
Vice President
Lockhaven Lane
Manchester, MO
Brenda Matthews
Secretary
430 Nana Lane
Des Peres,
HUD -1421 (6_75)
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.5-3
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(d) ll.r evn Cod aa.."t , of IJI r,i7 , tan m.[. Lvlr . alu•ol and It,; n.rte tieing a Iul.tiont.i,I rmrntl it. hi
and the nalae vl ILe r,te.e tt ore IIIn.. �:..... wt,I
let The nomes, fad esses and trade classilicahom of all other building consIruelion contractors in .hrdi the under s. good has
e sub,tonlial interest are Nl nnnr rn sin rtl: '.
NAME ADDRESS TRADE CU 5S,GtCA T1O4
Braun
Excavating
Company
6/5/80
(Con,raeror)
Dale
H
WARNING--�'
U.S. Criminal Code, Section 1010. Title I8.
V.S.C.. provides in part: ''Whoever, .
. makes. posses, utters
or rubll shes any
statement, knowing the same to be false .....'hail
be fined not mote than $5,000
or treat ironed not more than
two pears. or both."
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U.S. UI rAR141 N1 UI IIUU\ING AllO UPPAN OI Vi I0I'4I NT
COMMUNITY Or VLI OI'utNT BLOCS GRANT PROCRA4
SUBCOIIT RAC I ORS CIRT II ICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE R1OUIREMCNTS
TO (.fpp...p,inrt kerir,rnl): Oat l____--
r.nol LC! NUM OER('I any)
PROJECT NAME
1. The undersigned, having executed a contract with
on nut 'op o, Su bco,uo trot
for
nruet of work)
In the amount of $
in the construction of the above -identified project, certifies that: -
(a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract.
(b) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest is
designated as an ineligible contractor by the Comptroller General of the United States pursuant to Sect ion 5.6(b)
of the Regulations of the Secretary of Lnbor, Pan 5 (°9 CIF, Part 5). or pursuant to Section 3(a) of the Davis -
Bacon Act, as amended (10 U.S.C. 276o -2(o)).
(e) 'No part of the aforementioned contract has been or will he subcontracted to any subcontractor if such
subcontractor or any firm, corpon lion, partnership or association in which such sufcontraclor has a
substantial interest is designated as an ineligible contractor pursuant to the aforesaid regula tory 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 Prela fling Rage Require.
ments, executed by the lower tier sufcontraclor, in duplicate.
(a) The workmen will report (or duty on or about
3. He
certifies
that:
(o)
The legal
name
and the bu si ness
pddless of
the
undersigned ore:
(b)
The
undersigned is:
111
A SINGLE PnOPnIETONSHIP:
UI
A' CORPORATION
ORGANIZER IN
THE STATE
OF:
w I A":nenam n: I"
OTHER ORGANIZATION (l)lllnaeJ
(c) The name, title and address of the owner, partners or officers of the undersigned ore:
nUV-Itll I6 /}
II
5-5
III
w<Ipnt (,1 I..'I i.l It
arm
It) the names, oddresset and trade cla ssilicaYonI of all other building :enstruc Yon contra clots' in which the undersigned has
e sub Vonti al intueit ore l7J nunr, so Ito re): Ss.
NAME ADORCS{ TRADE CI ASSI Fl CATION
(Sub con Ito riot)
I
($gnatur</ (Typed Nome and Title)
ARNING
U.S. Criminal Code, Section 1010. Title IS, U.S.C., provides in pert "Whoever..... makes, peeves, utters, or publishes any
statement. knowing the some to be false..... shall be fined not more than $S.000 or imprisoned not more than two years, of both."
COO 469.444
5-6
' I ItJU A ]-IA I'
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CONTRACT
THIS AGI(EIa\1F,N'1', made this (lay of J9 PC, by and
between City of Fayetteville, Arkansas
,herein called "Owner,"acting
(Corporate Name of Owner)
MAYOR
I' herein through its
,and
(7Ule of Authorized Official) ,
r
' Braun Excavating Company
STRIKE OUT (a corporation) Gt �rxx�ehc�q
INAPPLICABLE a corporation
' TERMS )
of Seymour Countyof .Webster ,andStatcof Missouri
hereinafter called "Contractor."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned. to hr
made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and• ( mopltte
the construction described as follows:
Sidewalk and Storm Drainage Construction
tl hereinafter called the project, for the sum of - $62 r 528.40 _ Dollars
(5 ) and all extra work in connection therewith, tinder 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 niaterial,-, suppli� ..
machinery, equipment, tools, superintendence., labor, insurance. arid other aecessunes and services rI,'' 'an to ru^i-
plete the said project in accordance with the conditions and prices stated in the Proposal, the General Condition>. hill
plcmental General Conditions and Special Conditions of the Contract, the plans, which include all maps. plats, blm.
'I
prints, and other drawings and printed or writtenexplanatory matter thereof, the specifications and contract duru mints
therefor as prepared by NOrt)lh'eSt 1]]1�lneerS. Inc•herein entitled the Architrrt!1.nrrwer,
- and as enumerated in Paragraph I of the Supplemental General Conditions, all of which are made a part hereof and rol-
lcctiively evidence and constitute the contract.
' The Contractor hereby agrees to commence work under this contract on or before a date to he specifird in a
i. written 'Notice to Proceed'' of the Owner and to fully complete the project within 130 coohecutive Calendar d,ivz
' thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of 5 10.0 . 00 for each con,vcu-
Uve 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 tine 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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6-1
IN WITNESS WIIEIIEOF, thr parties to thrs.r prr+rnts Lae, rvrulyd This Contrarl in sit (6) nnmtrrpnrtw, rnrh
of whir.) shall lit dretnrd.en, original, iii the yrar and day first nl c,vr uv-nliunrd.
(Scat) a sf
ATTEST: = «2',r :
(Witness)
(Witness)
City of Fayetteville, Arkansas
(Owner)
MAYOR
(Title)
Braun Excavating Company
(Contractor)
By 96 1 8anL
President
(Tine)
Route 3, Box 157-C
Seymour, MO 65746
(Address and Zip Code)
NOTE: Secretaryof the Owner should attest. If Contractor is a corporation, Secretary should attest.
GPO 669.306
HUD -423&F (666)
iL.
6-.2: :1
I THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A311
Performance Bond
MNR 05 19 93/0-25557
KNOW ALL MEN BY THESE PRESENTS: that
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(kMe hurt loll wall sad adenu It l,pl Ina of rantrator)
BRAUN EXCAVATING COMPANY
Seymour, MO 65746
as Principal, hereinafter called Contractor, and, Insurance Company of North America, 1600 Arch Street,
Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania as
Surety, hereinafter called Surety, are held and firmly bound unto
Ol,n mart full none rid addrus or nvl till, of Ooal)
CITY OF FAYETTEVILLE, ARKANSAS
as Obligee, hereinafter called Owner, in the amount of Sixty -Two Thousand, Fi
Twenty -Eight and 40/100----------------------- Dollars (S 62.
for the payment whereof Contractor and Surety bind themselves, their heirs,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor hasty written agreement dated 19 , entered into a contract
Contract Sections V and VI
Sidewalk.& Storm Drainage Construction
in accordance with Drawings and Specifications prepared by
{s. ,r7', _ — - Oar, tnurt full mat and aeenu or Intl till, of Art1IIact)
wig' — a
llorthwest Engineers, Inc.
ivvhich� contract' is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT -A311 • PERFORMANCE BOND • FEBRUARY 1970
31
85=7583 Printed In US.A.
admjnistfators,
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`mss
;
,ith'OWrsetYfor
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NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner
to be in default under the Contract, the Owner having
performed Owner's obligations thereunder, the Surely
may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms
and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon de-
termination by Surety of the lowest responsible bidder,
or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible
bidder, arrange for a contract between such bidder and
Owner, and make available as Work progresses (even
though there should be a default or a succession of
Signed and sealed this
day of
defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price;
but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance
of the contract price," as used in this paragraph, shall
mean the total amount payable by Owner to Contractor
under the Contract and any amendments thereto, less
the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before
the expiration of two (2) years from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this bond to or for
the use of any person or corporation other than the
Owner named herein or the heirs, executors, adminis-
trators or successors of the Owner.
19
BRAUN EXCAVATING COMPANY
Y
(Principal) (Seal)
x3s� ry_ %�% u�a l
(Witnesl
COUNTERSIGNED: (Title)
Wilma Gardner, Litt e Rock, AR
INSURANCE COMPANY OF NORTH AMERICA
(Sure(Seal)
%" itnes
Gary L. La (Tile Attorney -in -Fact
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AIA DOCUMENT ASI1.•. PERFORMANCE BOND • FEBRUARY 1970 ED.
' Y 7
State of MO
County ss:
�t. LOUlS
,I
On the day Of r 1.980 before me, a-Notary.Public in and for said County and State, residing
'p
therein, duly commissioned and sworn, personally appeared
Gary Lti Lack
known to me to be Attorney -in -Fact of Insurance Company of North America
the corporation described in and that executed the within and foregoing instrument, and known'io.
E the said instrument in behalf of the said corporation, and he duly acknowledged to me that s ch'kc
Cr
IN WITNESS WHEREOF, I }{cTv ,.herpRnfol setegt Wnd and affixed my official se the d y andea' NOTARYpU2LIC, STATE OF MISSOURI
My Commission Expic'vj COMMISSION EXPIRES 5131182
,i r7
360212-6-66 ST. LOUT Nota
obe the person who executed
?at,onexecuted the same.
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d in this c€ tificate ove.
olic Z.
' POWER OF ATTORNEY
I
INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA, PA.
Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA,
a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia,
Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors of the said Company
on May 28, 1975, to wit:
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of
bonds, undertakings, recognizances, contracts and other writings in the nature thereof:
(1) That the President, or any Vice -President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute for
and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the
same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the
Company affixed thereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident
Assistant Secretaries and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and
to affix the seal of the Company thereto.
(2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed
by the President and attested by the secretary.
(3) The signature of the President or a Vice -President and the seal of the Company may be affixed by facsimile on any power of
attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by
facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid
and binding on the Company.
(4) Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the
Company, and any affidavit or record of the Company necessary to the discharge of their duties.
(5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the board of Directors on June 9,
1953."
does hereby nominate, constitute and appoint H. ROBERT LARKIN, WM. W. FETNER, GARY L. LACK,
and PATRICIA M. TOBIN, all of the City of St. Louis, State of Missouri
, each individually if there be more than one named,
its true and lawful attorney -in -fact, to make, execute, seal and deliver on its behalf, and as its act and deed
• any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the
execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully
' and amply as if they had been duly executed and acknowledged by the regularly elected officers of the
Company at its principal office.
IN WITNESS WHEREOF, the said -------------------------MICHAEL B. FOIXR.............. ., , Vice -President,
- -
has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF
NORTH AMERICA this ..... ...... - 22nd day of _....April. 80--__.
---- ,- •-•--
INSURANCE COMPANY OF NORTH AMERICA
MICHAEL B. FODOR
(SEAL) by ........ --..._....---_...............................__..................
Vice -President
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STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA I
ss.
On this -.---.-.-----.--..22nd..------- day of ----.----April------..---_-__..., A. D. 19...80........, before me, a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came ................................................
' .........-.•.--....... ...MICHAEL..a.R. --FODO----------___- -----------------------------........_......_....., Vice -President of the INSURANCE
COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding
instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the
corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and
' direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to
in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia,
the day and year first above written.
' •
........... M11M??) £Bl..-SCHELh._.. ................_...._ -- .
(SEAL),\ Notary Public.
commission expires' August 13, 1983
'l,\ tje undersigned, XPkW Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that
'sI POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect.
Fn' itr:ess whereof, I have hereunto subscribed my name as A st`NR'Secretary, and affixed the corporate seal
\ s or oration, this --------------------------------------------day of -----------------------------------------19 ...............
._._................-ry
AMES S. WYLLIE XXcA MXSecreta
SB-rc 7/75 Printed In U.S.A.
H UV.42Th.1
(2-f. F)
U,S. Department of Housing and Urban Development
CERTIFICATE OF OWNER'S ATTORNEY
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I. the undersigned,
duly authorized and acting legs
follows:
C"- cc the
presentative of
• 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: 17oW (s o
HUD-Wosh., D. C.
8-1.
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rf r.4 iuI T er nOw.i"6 •NO uun:a Dl yr i nI "l Hl
Corrmtnity lbvolopmont lllock.
(,rant Program
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GENERAL CONDITIONS
1. Contract and Contract Documents
The project to be constructed pursuant to this contract will be financed with assistance
from the Department of Housing and Urban Development and is subject to all applicable
Federal laws and regulations.
The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph I 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 1
37.
Use of Premises and Removalof 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 Wares
17.
Changes in Work
54.
Anticipated Fringe Penefits
18.
Extras
55..Overtime
Compensation
19.
Time for Completion and Liquidated
56.
Apprentices
Damages I
57.
£mp7oyment Prohibited
20.
Correction of Work
58.
Compliance with Anti -Kickback Act
21.
Subsurface Conditions Found Different
59.
Classifications Not Listed
22.
Claims for Extra Cost
60.
Fringe Benefits Not Expressed
23.
Right of Owner to Terminate Contract
61.
Posting Wage Rates
24.
Construction Schedule and Periodic
62.
Complaints,. Proceedings or Test-
Estimates
imony 1 1
25.
Payments to Contractor
63.
Claims and Disputes
26.
Acceptance of Final Payment as Release
611.
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 r -
69.
Breach of Labor Standards
32.
Mutual Responsibility of Contractors
70.
Emnloyment Practices
33.
Separate Contracts
71.
Contract Termination; Debarment
34.
Subcontracting * -.
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35.
Architect/Engineer's Authority
Huo-423es(R)
P.e.ieu. edi'ion is ob,oIe.e A#
Attachment
to Federal Labor Standards Provisions
2, Definitions
The following terms as used in this contract are respectively defined as follows:
(a)
"Contractor": A person,
firm or corporation, with whom the contract is made by the
Owner. ;,,,G::.._
.: rm_ts
(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
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The Contractor will be furnished additional instructions and, detail drawings as necessary
to carry out the work included in the contract. The additional drawings and instructions
thus supplied to the Contractor will coordinate with the Contract Documents and'will be so.
prepared that they can be reasonably interpreted as part thereof. The Contractor shall
carry out the work in accordance with the additional detail drawings and instructions. The
Contractor and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates
at which special detail drawings will be required, such drawings, if any, to be furnished
by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the
respective dates for the submission of shop drawings, the beginning of manufacture, test-
ing and installation of materials, supplies and equipment, and the completion of the various
parts of the work: each such schedule to be subject to change from time to time in accord-
ance with the progress of the work.
4. Shop or Setting Drawings
The Contractor shall submit promptly to the Architect/Engineer two copies of each shop
or setting drawing prepared in accordance with the schedule predetermined as aforesaid.
After examination of such drawings by the Architect/Engineer and the return thereof, the
Contractor shall make such corrections to the drawings as have been indicated and 'shall
furnish the Architect/Engineer with two corrected copies. If requested by the. Architect/
Engineer the Contractor must furnish additional copies. Regardless of corrections made in
or approval given to such drawings by the Architect/Engineer, the Contractor will never-
theless be responsible for, the accuracy of such drawings and for their conformity to the
Plans and Specifications, unless he notifies the Architect/Engineer in writing of any devia-
tions at the time he furnishes such drawings.
5. Materials, Services, and Facilities
'(a) It is understood that except as otherwise specifically stated in -the Contract Documents,
the Contractor shall provide and pay for all materials, labor, tools, equipment, water,
light, power, transportation, superintendence, temporary construction of every nature,
and all other services and facilities of every nature whatsoever necessary to execute,
complete, and deliver the work within the specified time.
(b) Any work necessary to be performed after regular working hours, on Sundays or Legal
Holidays, shall be performed without additional expense to the Owner.
6, Contractor's Title to Materials
No materials or supplies for the work shall be purchased by the Contractor or by any Sub-
contractor subject to any chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the seller. The Contractor warrants that
he has good title to all materials and supplies used by him in the work, free from all
liens, claims or encumbrances.
' MUD -4218S (c-70)
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7, Inspection and Testing of Materials
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(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. r
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 beobliged to pay by reason
of such infringement at any time during the prosecution of the work or after completion
of the work,
10. Surveys, Permits, and Regulations
Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the
Contractor all surveys necessary for the execution of the work. ,
The Contractor shall procure and pay all permits, licenses and approvals necessary for
the execution of his contract.
The Contractor shall comply with all laws, ordinances, rules, orders, and regulations re-
lating to performance of the work, the protectionof adjacent property, and the maintenance
of passageways, guard fences or other protective facilities.
it, 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 -l2385 (R)
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herein olhtrwtsr espr'-ssly specifird, nrcrssarc rer lrnlvr toperfnrrh and rnrnlilr•tr• all the
work- rrquirr'I by Ihts cn titrac I, within the lime brrriit skeet tired, in ac cordaiir,. with tit"
provisions of this contract and said sprci fic;itinns and in arrorda ore with the plans and
drawings covered by this contract tmy and ;ill upplrmr titA p1:nri and drattingc, and nt
accordance with the directions of the Ar<:hilrct/f;ngincrr as given icoin time In li rnr dur'.ng
the progress of the work. Flu sh:dl funiish, creel, rn:ii ntatn, and rrtnrrve such roast rot Ii nn
plant and such temporary works as may be rtqui red.
The Contractor shall observe, comply with, and be subjectto'all terms, ronditions, rr•gni re-
ments, and limitations of the contract and specifications, and shall do, carryon, and com-
plete the entire work to the satisfaction of the Architect/Engineer and the Owner.
12, Weather Conditions
In the. event of temporary suspension of work, or during inclement weather, or whenever the
Architect/Engineer shall direct, the Contractor will, and will cause his, subcontractors to
protect carefully his and their work and materials against damage rer injury from the
weather. If, in the opinion of the Architect/Engineer, any work or materials shall have
been damaged or injured by reason of failure on the part of the Contractor or any of his
Subcontractors so to protect his work, such -materials shall be removed and replaced at
the expense of the -Contractor.
13, Protection of Work and Property --Emergency
The Contractor shall at all times safely guard the Owner's property from injury or loss r.
connection connection with this contract. He shall at all times safely guard and protect his own wort:,
and that of adjacent property from damage. The Contractor shall replace or make good any
such damage, loss or injury unless such be caused directly by errors contained in the con-
tract or by the Owner, or his duly authorized representatives.
In case of an emergency which threatens loss or injury of property, and/or- safety of life,
the Contractor will be allowed to act, without previous instructions from the Architect/
Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately there-
after. Any claim for compensation by the Contractor due to such extra work shall he
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 ofany emergency
action shall -be determined in the manner provided in Paragraph 17 of the General Condi-
tions. .
14. Inspection
The authorized representatives and' agents of the Department of Housing and Urban Uev.•:ni%-
ment shall be permitted to inspect all work, materials, payrolls, records of personnel,
invoices of materials, and other relevant data and records.
15, Reports, Records, and Data
The Contractor shall submit
to the Owner such schedule of
quantities
and costs, progress
schedules,
payrolls, reports,
estimates, records and other
data as the
Ownt•r may request
concerning
work performed or
to be performed under this contract.
16. Superintendence by Contractor
At the site of the work the Contractor shall employ
a construction
superintendent or fore-
man who shall have full authority
to act for the
Contractor. It
is undo rstnod that such
representative shall be acceptable
to the Architect/Engineer
and
shall be one who can be
continued in that capacity for the
particular job
involved unless
he :.:a::es to hr nn the
Contractor's payroll.
2
HUD -47395 I9-701
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Changes in Work
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No
out
changes in the work
having
covered by the approved
Contract Documents shall be made with-
by
prior written
the approved change
approval of the Owner.
shall be determined
Charges or credits for the work covered
lowing
methods:
by
one or more, or a combination of the fol-
(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
Without invalidating the contract, the Owner may order extra work or make changes by
altering, adding to or deducting from the work, the contract sum being adjusted accordingly,
11 :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 o,r 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
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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 progiess 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 tothe
I. 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,
1f 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
I.
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 z definite 'and certain length of time is fixed for the
performance of any act whatsoever:, and where under the contract an additional time is
HUD -42385 (R) 5
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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 foi*.the time extension are acceptable to
the Owner; Provided, further,' that the Contractor shall not be charged with liquidated
damages or any excess cost when the delay in completion of the work is due:
(a) To any preference, priority or allocation order duly issued by the Government;
(b) To unforeseeable cause beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God, or of the public enemy, acts.
of the Owner, acts of another Contractor in the performance of a contract with•the
Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes,
and severe weather; and - -
(c) To any delays of Subcontractors or suppliers occasioned.by. any of the causes specified
in subsections (a) and (b) of this article: _
Provided, further, that the Contractor shall, within ten (10) days from the beginning of
such delay, unless the Owner shall grant a further period of time prior to the date of final
settlement of the contract, notify the.Owner, in writing, of the causes of the delay, who
shall ascertain the facts and extent of the delay and notify the Contractor within a reason-
able time of its decision in the matter.
20. Correction of Work
All 'Rork, 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. Rejectedmaterial shall immediately be removed
•
from the site. -If, in the opinion of the Architect/Engineer, it is undesirable to replace
any defective or damaged materials or to reconstruct or correct any portion of the work
injured or not performed in accordance with the Contract Documents, the compensation to
be paid to the Contractor hereunder shall be reduced by such amount as in the judgment
of the Architect/Engineer shall be equitable.
21. Subsurface Conditions Found Different
Should the Contractor encounter sub -surface and/or latent conditions at the site materially
differing from those shown on the Plans or indicated in the Specifications, he shall imme-
diately give notice to the Architect/Engineer of such conditions before they are disturbed.
The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds.
that they materially differ from those shownonthe Plans or indicated in the Specifications,
he will at once make such changes in the Plans and/or Specifications as he may_ find nec-
essary, any increase or decrease of cost resulting from such changes to be adjusted in
the manner provided in Paragraph 17 of the General Conditions.
22. Claims for Extra Cost
No claim for extra work or cost shall be allowed unless the same was done in pursuance
of -a written order of the Architect/Engineer approved by the Owner, as aforesaid, and
the claim presented with the first estimate after the changed or extra work is done. When
work is performed under the terms of subparagraph 17(c) of the General Conditions. the
Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of
cost and when requested by the Owner, give the Owner access to accounts relating thereto.
23. Right of the Owner to Terminate Contract
In the event
that any of the provisions of this contract are violated
by the Contractor, or by
any of his
subcontractors,
the Owner may serve written notice
upon the Contractor
and
the Surety of
its intention to
terminate the contract, such notices to contain the reasons
for
HUD -4238S (9-70)
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such intention to terminate the contract, and unless within ten(10) days after the nerving
of such notice upon the Contractor, such violation or delay shall crane and satisfactory
arrangement of carrectinn be made, the contract shall, upon the expiration of said ten (10)
days, cease and termi,..:e.. In the event of any such termination, the Owner shall imnrne-
diately serve notice tl,_ cof upon the Surety and the Contractor and the Surety shall have
the right to take over ar.d :lerform the contract: Provided, however, that if the Surety does
not commence performance thereof within ten (10) days from the date of the mailing to
such Surety of notice rf 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
gill 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 (I0I)
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,
mate rialmen, 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, it, accordance with the terms of this
HUD-1,38S(R)
-'I
Si contract, but in no event shall the provisions of this sentence be construed to impose
any obligations upon the Owner to either the Contractor or his Surety. In paying any
'unpaid bills of the Contractor, the Owner shall be derined the agent of thi; Contractor,
$ and any payment so made by the Owner shall he cnn,de red as a payment made under
I the contract by the Owner to the Contractor and the Owner shall nol he liable to the
Contractor for any such payments made in good faith.
- . A}Ni ^ %I *,,L ..-
' 26, Acceptance of Final Payment Constitutes Release
IThe acceptance by the Contractor of final payment shall be and shall operate as a release
.
to the Owner of all claims and all liability to the Contractor for all things done or furnished
in connection with this work and for every act and neglect of the Owner and others relating
to or arising out of this work. No payment, however, final or otherwise, shall operate to
release the Contractor or his sureties from any obligations under this contract or the
' Performance and Payment Bond.
• 27, Payments by Contractor
I. 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 (90c•,)
I. the cost thereof, not later than the 20th day of the calendar month following that in wtl.,r':
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 tl-.at part of the
work in or on which such materials, tools, and equipment are incorporated or used, and
' (c) to each of his subcontractors, not later than the 5th day following each payment to the
Contractor, the respective, amounts allowed the Contractor on account of the work, per-
formed by his subcontractors to the extent of each subcontractor's interest therein.
28, Insurance
1 The Contractor shall not commence work under this contract until he has obtained all the
I, insurance required under this paragraph and such insurance has been approved by th^
Owner, nor shall the Contractor allow any subcontractor to commence work on his sub-
contract until the insurance required of the subcontractor has been so obtainer) and approved.
' (a) Compensation Insurance: The Contractor shall procure and shall maintain during the
life of this contract Workmen's Compensation Insurance as required by applicable State
or territorial law for all of his employees to be engaged in work at the site of the pro-
ject under this contract and, in case of any such work sublet, the Contractor shall re-
' quire the subcontractor similarly to provide Workmen's Compensation Insurance for
all of the latter's employees to be engaged in such work unless such employees ar'
covered by the protection afforded by the Contractor's Workmen's Compensation Insu r-,
ante. In case any class of employees engaged in hazardous work on the project under
' this contract is not protected under the Workmen's Compensation Statute, the Contractor
shall provide and shall cause each subcontractor to provide adequate employer's liability
insurance for the protection of such of his employees as are not otherwise protected.
(b)Contractor's Public Liability . and Property Damage Insurance and Vehicle Liability
'I 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 Darna 5e Insurance and Vehicle Liability
Insurance: The Contractor shall either {I) require each of his subrnnt ractnrs to pro-
cure and to maintain during the life of his subcontract. Subcontractor's Pnblir Liability
and Property Damage Insurance and Vehicle Liability insurance of tb' :yp' .u,d :n th:'
I. amounts specified in the Supplemental Gcneral Conditions specified in subparagraph (b)
hereof or, (2)'insure the activities of his policy, specified in subparagraph (b) hereof.
(a)Scope of insurance and Special Hazards: The insurance required under subparagraphs
(b) and (c) hereof shall provide adequate protection for the Contractor and his sabcon-
tractors, respectively, against damage claims which ma' arise from opr;rations under
'
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'„D-47785(9-70) .
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•
this contract, whether such operations he by the insured or by anyone directly or.in-
directly employed by him and, also against any of the special har.a rds which be
may
encountered in the pe, rforrnance 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
the Supplemental General Conditions, Form HUD -4238-N) is required to maintain
'in
Builder's Risk Insurance (fire and extended coverage) ona 100 percent completed value
basis on the insurable portion of the project for the benefit of the Owner, the Contractor,
subcontractors as their interests may appear. The Contractor shall not include any
Ii.
for Builder's Risk Insurance (fire and extended coverage) premiums during con-
struction unless the Contractor is required to provide- such insurance; however, this
provision shall not release the Contractor from his obligation to complete, according
to plans and specifications, the project covered by the contract, and the Contractor and
his Surety shall be obligated to full performance of the Contractor's undertaking.
.
(f) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates
showing the type, amount, class of operations covered, effective dates and date of ex-
piration of policies. Such certificates shall also contain substantially the following state-
"The
'
ment: 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."
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29. Contract Security
The Contractor shall furnish a performance bond in an amount at least equal to one hundred
percent (100%) of the contract prices as security for the faithful performance of this con-
tract and also a payment bond in an amount not less than one hundred percent (100'°,.) of the
contract price or in a penal sum not less than that prescribed by State, territorial or local
law, as security for the payment of all persons performing labor on the project under this
contract and furnishing materials in connection with this contract. The performance bond
and the payment bond maybe in one or in separate instruments in accordance with local law.
30. Additional or Substitute Bond
If at any time the Owner for justifiable cause shall be or become dissatisfied w-Lii any
surety or sureties, then upon the Performance or Payment Bonds, the Contractor--: r --
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 he
satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No
further payments shall be deemed due nor shall be made until the new surety or sureties
shall have furnished such an acceptable bond to the Owner.
31. Assignments
The Contractor shall not assign the whole or any part of this contract or any moneys due
or to become due hereunder without written consent of the Owner. In case the Contractor
assigns all or any part of any moneys due or to become due under this contract, the in-
strument of assignment shall contain a clause substantially to the effect that it is agreed
that the right of the assignee in and to any moneys due or to become due to the Contractor
shall'be subject to prior claims of allpe rsons, firms and corporations of services rendered
or materials supplied for the performance of the work called for.in this contract.
32. Mutual Responsibility of Contractors
If, through
acts of neglect on the part of the Contractor,
any other Contractor or any
sub-
contractor
shall suffer loss or damage on the work, the
Contractor agrees to settle
with
such other
Contractor or subcontractor by agreement
or arbitration if such other
Con-
tractor or
subcontractors will so settle. If such other
Contractor or subcontractor
shall
assert any
claim against the Owner on account of any
damage alleged tohave been
sus-
tained, the
Owner shall notify the Contractor, who shall indemnify and save harmless
the
Owner against any such claim.
HUD_4238S(R)
9
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9-9.
33. Separate Contract
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The Contractor shall coordinate his ope rations with those of other Contractors. Cooperation
will be required in the arrangement for the storage of materials and in the detailed execu-
tion of the work. The Contractor, including his subcontractors, shall, keep - informed of the
progress and the detail work of other Contractors and shall notify the Architect/Engincer
immediately of lack of progress or defectiveworkmanshipon the part of other Contractors.
Failure of a contractor to keep informed of the work progressing on the site and failure
to give notice of lack of progress or defective workmanship by others shall be construed
as acceptance by him of the status of the work as being satisfactory for proper coordination
with his own work,
34, Subcontracting
(a) The Contractor may utilize the services of specialty subcontractors on those parts of
the work which, under normal contracting practices, are performed by specialty sub-
contractors.
(b) The Contractor shall not award any work to any subcontractor without prior written
approval of the Owner, which approval will not be given until the Contractor submits
to the Owner a written statement concerning the proposed award to the subcontractor,
which statement shall contain such information as the Owner may require.
(c) The Contractor shall be as fully responsible to the Owner for the acts and omissions
of his subcontractors, and of persons either directly or indirectly ernployed'by them,
as he is for the acts and omissions of persons directly employed byhim.
(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
Th eAr7.'itect/Engineer shall, give all orders and directions contemplated under this con-
s ..? specifications, relative to the execution of the work. The Architect/Engineer shall
determine the amount, quality, acceptability, and fitness of the several kinds of work and
materials which are to be paid for under this contract and shall decide all questions which
may arise in relation to said work and the construction thereof. The Architect/Engineer's
estimates and decisions shall be final and conclusive, except as herein otherwise expressly
provided. In case any question shall arise between the parties hereto relative to said con-
tract or specifications, the determination or decision of the Architect/Engineer shall be a
condition precedent to the right of the Contractor' to receive any money or payment for
work under this contract affected in any manner or to any extent by such question.
The Architect/Engineer shall decide the meaning and intent of any portion of the specifica-
tions and of any plans or drawings where the same may be found obscure or be in dispute.
Any differences or conflicts in regard to their work which may arise between the Contrac-
tor under this contract and other Contractors performing work for the Owner shall be
adjusted and determined by the Architect/Engineer.
36, Stated Allowances
The Contractor shall include in his proposal the cash allowances stated in the Supplemental
General Conditions. The Contractor shall purchase the "Allowed Materials" as directed by
the Owner on the basis of the lowest and best bid of at Icastthree competitive bids. 'If the
actual price for purchasing the "Allowed Materials" is snore 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.
10 -
' HUD -42385 (9-70)
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9-10
I. 37, Use of Premises and Removal of Debris
The Contract expressly undertakes at hisownexpense:
((a) to take every precaution against injuries to persons or damage to property:
b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the
site of. the work as will not unduly interfere with the progress of his work or the work
of any other contractors:
ICc) 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_
suiting from his operations, and to put the site in a neat, orderly condition;
I.
(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/
Ij Engineer, not to cut or otherwise alter the work of any other Contractor,
' 38. Quantities of Estimate
Wherever. the estimated quantities of work to be done and materials to be furnished under
this contract are shown in any of the documents including the proposal, they are giver. (or
Use in comparing bids and the right is especially. reserved except as herein otherwise
specifically limited; to increase or diminish them as may be deemed reasonably necessary
or desirable by the Owner to complete the work contemplated by this contract, and such
increase or diminution shall in no way vitiate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
39. Lands and Rights -of -Way
Prior to the start of construction, the Owner shall obtain all lands and rights -of -way
necessary for the carrying- out and completion of work to be performed under this
contract,
40. General Guaranty
Neither the final certificate of payment nor any provision in the.Contract Documents, nor
partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of
work not done in accordance with the Contract Documents or relieve the Contractor of
liability in respect to any express warranties or responsibility for faulty materials or
workmanship, The Contractor shall remedy any defects in the cork 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
I.
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'H
'H
'H --
I•
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 hi.s last given address, or
delivered in person to the said Contractor or his authorized representative on
the work.
HUD -41385 (R)
11
9-11
43, Pzovitoitf3
flcquin•d
by law
I>crtlied
Iii;i•rtcd
°'
Each
and every prov(3ion
of
law
and
clause
required
by
law to be inserted in this contract
shall be
deemed to
be insertedthereinand the contract shall
be read and enforced as though
It were
included
herein, and if through flu i st:,ke
or niter
rwise any such prov,-non is not
'' inserted,
or is not
correctly inserted, th':n uponthe
application
of either party the contract
shall forthwith
be
physically amended to make such
insertion or correction.
I
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44. Protection of Lives and Health
t' The Contractor shall exercise proper precaution at all times for the
protection of persons and property and shall be responsible for all damages
to persons or property, either on or off the site, which occur as a result
• of his prosecution of the. work. The safety provisions of applicable laws
and building and construction codes, in addition to specific safety and
health regulations described by Chapter XIII, Bureau of Labor Standards,
Department of Labor, Part 1518, Safety and Health Regulations for Construction,
as outlined in the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971.
Title 29 - LABOR, shall be observed and the Contractor shall take •or cause to
be taken, such additional safety and health measures as the Contracting
Authority may detti rmine 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 af£iriative action to ensure that applicants
are employed, and that employees are treated during employment, t:ithout
regard to their race, religion, sex, color, or national origin. Such
action shall include; but not bo limited to, the follotring: employment,
upgrading, domotion, or transfer; recruitment or recruitment advortising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees
to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions
of this nondiscrimination clause.
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(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 omploynent without
regard to race, religion, sex, color, or national origin".
(3) The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the labor union or workers' representative of the Contractor's'
commitments under Section 202of ExecutiveOrder No. 11246 of September '_4. 1965. and
shall post copies of the notice in conspicuous places available to employees and appli-
cants for employment. -
(4) The Contractor will comply with all provisions of Executive Order No. 11246 of.
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
12
HUD -12365(9-70) - -
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HUD -42785 (R)
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(5) The Contractor will furnish all information and reports reginred 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 bnoks, rccn ids,
and accounts by the Department of I lousing and 11 rban Development and the Sec rot::r•: of
Labor for purposes ofinvestigationto ascertain compliance with such rules, rerul:+iions,
and orders, -
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules.. regulations."or orders, this contract may be
cancelled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or Federally -assisted construction
contracts, in accordance with procedures authorized in Executive Order No. 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order No. 11246 of September 24, 1965, or by. rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Contractor will include the provisions of paragraphs (1) through (7) in every sub-
contract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sep-
tember 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or pur-
chase order as the Department of Housing and Urban Development. may direct as a
means of enforcing such provisions, including sanctions for noncompliance: Provided,
however, that in the event the Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the Department
of Housing and .Urban Development, the Contractor may request the United States to
enter into such litigation to protect the interests of the United States.
47, Interest of Member of.or Delegate to Congress
No member of or Delegate to Congress, or Resident Commissioner, shall be admitted to
any share or part of this contract or to any benefit that may arise therefrom, but this
provision shall . not be construed to extend to this contract if made with a corporation for
its general benefit.
48, Other Prohibited Interests
No official of the Owner who is authorized in such capacity and on behalf of the Owner to
negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or
approving any architectural, engineering, inspection. construction. or material supply
contract or any subcontract in connection with the construction of the project, shall become
directly or indirectly interested personally in this contractor in any part hereof. No officer,
employee, architect, attorney, engineer or inspector of or for the Owner who is authorized
in such capacity and on behalf of the Owner to exercise any legislative, executive, super-
visory or other similar functions in connection with the construction of the project, shall
become directly or indirectly interested personally in this contract or in any part thereof,
any material supply contract, subcontract, insurance contract, or any other contract per-
taining to the project.
49. Use and Occupancy Prior to Acceptance by Owner
The Contractor agrees to the use and occupancy of a portion or unit of the project before
formal acceptance by the Owner, provided the Owner:
(a) Secures written consent of the Contractor except in the event, in the opinion of the
Architect/Engineer, the Contractor is chargeable with unwarranted delay in final
cleanup -of punch list. items or other contract requirements.
(b) Secures endorsement from the insurance -carrier and consent of the surety permitting
occupancy of the building or use of the project during the remaining period of construr.-
-tion, or, - . I
(c) When the project consists of more thanone building, and one of the buildings is occupied,
secures permanent fire and extended coverage insurance, including a permit to com-
plete construction. Consent of the surety must also be obtained.
13
9-13 'ii
'', (I) The Contractor will not discriminate against any employe or applicant for employment
because of race, creed, color, or national origin, The Contractor will take affi rmat:ve
action to ensure that applicants are e.niployrd. and th:.t rrnployc^s irr trealyd during
' employment, without regard to their race, rued, color, or national o -ii -in. S ic_), action
shall include, but not be limited to, the follo%%ingt"cinployrnrnt, upgradir.�,- rlrrnoti on, or
transfer; recru itrnent or recruitment advertising; la gaff or ternnnatior.: rates of pay or
other forms of compensation; and selection for training. including apprenticeship. The
'Contractor agrees to post in coi picuous places, available to employees and applicants
t for employment, notices to be provided setting forththe provisions of this nondiscrimi-
nation clause. _
(2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
'� for employment without regard to race, creed, color, or national origin.
50. Photographs of the Project
Ill required by the Owner, the Contractor shall furnish photographs of the project, in the
quantities and as described in the Supplemental General Conditions.
' 51, Suspension of Work
Should the Owner be prevented or enjoined from proceeding with work either before or
after the start of construction by.reason of any litigation or other reason beyond the control
of the Owner, the Contractor shall not be entitled to make or. as sert claim for damage by
reason of said delay; but time for completionof the work will be extended to such reasonable
time as the Owner may determine will compensate for time lost by such delay with such
determination to be set forth in writing.
52. Minimum Wages
All laborers and mechanics employed upon the work covered by this
Contract shall be paid unconditionally and not less often than once
each week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are made mandatory by law. aid such
other payroll deductions as are permitted by the applicable regula-
' tions issued by the Secretary of Labor, United States Department of
Labor, purouant 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
I
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 Davie -Bacon Act on beha
lf 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 woekly
period.
, 53. UNDERPAThEWIS OF WAGES OR SAL ARLES
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
achy payments due the Contractor, so much thereof as the Local Public
w 9-14
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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
Pubj.lc Body, for and on account of the Contractor or the subcontractor
(as may be appropriate), to the respective laborers or mechanics to
whom the same is due or on their behalf to plans, funds, or programs
for any type of fringe benefit prescribed in the applicable wage
determination.
54, ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or other
third person, he may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing
fringe benefits under a plan or program of a type expressly listed in
the wage determination decision of the Secretary of Labor which is a
part of this Contract; Provided, however, The Secretary of Labor has
found, upon the written request of the Contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor
may -require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program. A copy of
any findings made by the Secretary of Labor in respect to fringe benefits
being provided by the Contractor must be submitted to the Local Public
Agency or Public Body with the first payroll filed by the Contractor
subsequent to receipt of the findings.
55. OVERTW CO1TE17SATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT (76 Stat. 357-360: Title 40 U.S.C., Sections 327-
332)
(a) Overtime requirements. No Contractor or subcontractor
oontracting for any part of the Contract work which may require or
involve the employment of laborers or mechanics, including watchmen
and.. guards, shall require or permit any laborer or mechanic in any
workweek in which he is employed on such work_to work in excess of 8
hours in any calendar day or in excess of 40 hours in such work week
unless such laborer or mechanic receives compeneation at a rate not
less than one and one-half times his basic rate of pay for all hours
worked in excess of 8 hours in any calendar day or in excess of 40 hours
in such work week, as the case may be. • .
(b) Violation: liability for unpaid waaea licuidated datmnes.
In the event of any violation of the clause set forth.in paragraph (a),
the Contractor and any subcontractor responsible therefor shall be
liable to any affected employee for his unpaid wages. In addition,
such Contractor and. subcontractor shall be liable to the United States
for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic employed in violations
of, the clause set forth in paragraph (a), in the sum of $10 for each
calendar day on which such employee was required or permitted to work
Hlm h238-S(R)
15
HW-Mms.. D.C.
9-15 .'--I
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in excess of 8 hours or in excess.of the standard workweek of 40 hours
without payment of the overtime wagea required by the clause net forth
in paragraph (a).
(c) Withholding for liquidated damages. The Local Public Agency
or Public Body shall withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contractor or subcontractor,
such some an 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. ThPIDIME2TT OF APPRE�7TICES/TRAINEES
g. 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 inthe 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
allowaile 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
16
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9-16
1 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
1 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
1 -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
I.
be permitted to work at less than the predeterminedrate for
the work performed unless they are employed pursuant to and
individually registered in.a program which has received prior
approval, evidenced by formal certification, by the U. S.
Department of Labor, Manpower Administration, Bureau of Appren-
tice and Training. The ratio of trainees to journeymen shall
not be greater than permitted under the plan approved by the
1 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 ennloyee listed on the
1• payroll at a trainee rate who is not registered and partici-
pating in a training plan approved by the Bureau of Apprentice-
ship and Training shall be paid not less than the wage rate
determined by the Secretary of Labor for the classification of
1 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
I.
Labor written evidence of the certification of his program,
the registration of the trainees, and the ratios and wage
rates prescribed in that program. In the event the Bureau
I) of Apprenticeship and Training withdraws approval of a train-
ing program, the contractor will no longer be permitted to
utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is
1 approved.
U
o. Equal Employment Opportunity. The utilization of apprentices,
I.
trainees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 112116,.an amended, and 29 CFR Part 30.
I 1T
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8-17 j
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' 57. EMpLOYALENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who, at the
'i 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-CA?LED "ANTI -KICKBACK ACT"
The Contractor shall comply with the applicable regulations (a
• copy of which is attached and herein incorporated by reference) of the
' Secretary of Labor, United States Department of Labor, made pursuant to
the so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948: 62
Stat. 862; Title U.S.C., Section 874: and Title 40 U.S.C., Section 276c),
I. and any amendments or modifications thereof, shall cause appropriate
provisions to be inserted in subcontracts to insure compliance therewith
by all subcontractors subject thereto, and shall be responsible for the
submission of affidavits required by subcontractors thereunder, except
as said Secretary of Labor may specifically provide for reasonable
limitations, variations, tolerances, and exemptions from the require-
ments thereof.
' I 59 • ENPWYNE u OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE
DETERICNATION DECISION
• Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Contract will be
• classified or reclassified conformably to the wage determination by the
'Local Public Agency or Public Body, and a report of the act'' -on taken
shall be submitted by the Local Public Agency or Public Body, through
the Secretary of Housing and Urban Development, to the Sedretary of
'Labor, United States Department of Labor. In the event the interested
parties cannot agree on the proper classification or reclassification
of a particular class of laborers and mechanics to be used, the question
accompanied by the recommendation of the Local Public Agency or Public
'Body shall be referred, through the Secretary of Housing and Urban
Development, to the Secretary of Labor for final determination.
60. FRINGE Iif'EFITS 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, ah 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.
16
HUD•wa.11.. D. G
9-18
I
62. POSTING WAGE DETERIW1ATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United States
Department of Labor, and the applicable wage determination decisions of
said Secretary of Labor with respect to the various classification of
laborers and mechanics employed and to be employed upon the work covered
by this Contract, and a statement showing all deductions, if any, in
accordance with the provisions of this Contract, to be made from wages
actually earned by persons .so employed or to be employed in such classi-
fications, shall be posted at appropriate conspicuous points at the site
of the work.
62. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES
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No laborer or mechanic to whom the wage, salary, or other labor
standards provisions of this Contract are applicable shall be discharged
or in any other manner discriminated against by the Contractor or any
subcontractor because such employee has filed any complaint or instituted
or caused to be instituted any.proceeding or has testified or is about to
testify'in any proceeding under or relating to the labor standards appli-
cable under this Contract to his employer.
63. CLAflS.AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications
of laborers and mechanics employed upon the work covered by this Ccrtract
shall be promptly reported by the Contractor in writing to the Local
Public Agency or Public Body for referral by the latter through the
Secretary of Housing and Urban Development to the Secretary of Labor,
United States Department of Labor, whose decision shall be final with
respect thereto.
614. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
All, questions arising under this Contract which relate to the
application or interpretation of (a) the aforesaid Anti -Kickback Act,
(b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid
Davie -Bacon Act, (d) the regulations issued by the Secretary of Labor,
United States Department of Labor, pursuant to said Acts, or (c) the
labor standards provisions of any other pertinent Federal statute, shall
be referred, through the Local Public Agency or Public Body and the.
Secretary of Housing and Urban Development, to the Secretary of Labor,
United States Department of labor; for said Secretary's appropriate
ruling or interpretation which shall be authoritative and may be relied
upon for the purposes of this Contract.
65. PAYROLLS Alm BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS
The Contractor and each subcontractor shall prepare his payrolls
on forme satisfactory to and in accordance with instructions to be
19
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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
'I 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
'!I 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 payrollrecords 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
It
such employee, -his correct classification, rate of pay (including rates
of contributions or costs anticipated of the types described in Section
1(b)(2) of the 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 boats reasonably anticipated in providing'
' benefits under a plan or program described in Section 1(b)(2)(P) 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 ncorde which show the costs anticipated or the actual
cost.indurred 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
furninhing 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
1i 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
••20.
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9-20
without the Local Public Agency's or Public Pody'n prior written approval
of the subcontractor. Tho Local Public Agency or Public Body wi11 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 TN CERTAIN SUBCONTRACTS
r
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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 turnbe made.
.• :t• •• ••M OI HRH•. .;�. �,., ..�.
In addition to the causes for termination of this Contract as
herein elsewhere set forth, the Local. Public Agency or Public Body
reserves.the right to terminate this Contract if the -Contractor or any
subcontractor whose subcontract covers any of the work covered by this
Contract shall breach any of these Federal Labor Standards Provisions.
A breach of these Federal Labor Standards. Provisicns may also be grounds
for debarment as provided by the applicable regulations issued by the
Secretary of Labor, United States Department of Labor.
70. Employment Practices
The Contractor (1) shall, to the greatest extent practicable, follow hiring and ; employment
practices for work on the project whichwill provide new joh opportunities forthe unemployed
and underemployed, and (2) shall insert or cause to be inserted the same provision in each
construction subcontract. -
71. Contract Termination; Debarment
A breach of Section !,5 and the Federal Labor Standards Provisions, may
be grounds for termination of the contract, and for debarment as provided
in 29 CFR 5.6.
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• 9-21 �I
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U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
v.
SUPPLEMENTAL GENERAL CONDITIONS
1. Enumeration of Plans, Specifications and Addenda
2. Stated Allowances - . NONE
3. Special Hazards - NONE
4. Public Liability and Property Damage Insurance
S. Photographs of Project - NONE REQUIRED
'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. Federal Labor Standards Provisions
HUO-4230-N (R)
• (4-66)
9-22
I. ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA
Following are the Plans, Specifications and Addendawhich form apart of this contract, as set forth in
Paragraph I of the General Conditions, "Contract and Contract Documents":
II
I;
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DRAWINGS
General Construction:
Heating and Ventilating:
• Plumbing:
Electrical:
SPECIFICATIONS:
Nos. 1 thru 16
"
General Construction: Paged to 11-4 , incl.
Heating and Ventilating: " to , incl.
Plumbing: " to , incl.
Electrical:-- -_---- =- " to , incl.
Detail Technical „ 12-1 to 1.2-S inct.
" to , 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)
$
(d) For
(Page
of
Specifications)
$
(e) For
(Page
of
Specifications)
$
(f) For
(Page
• of
Specifications)
S
9-23
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3. SPECIAL HAZARDS
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The Contractor's and his Subcontractor's Public Liability, -end Property Damage Insurance shall provide
adequate protection against the following special hazards:
NONE
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 be in an amount not, less than S 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 i 500.000. 0f)on account of one accident, and Contractor's
Property Danage Insurance in an a mount not less than 510,000.00
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, or (2) insure the activities of his subcontractors
in his own policy.
5. PHOTOGRAPHS OF PROJECT
As provided in paragraph 50 of the' General Conditions, the Contractor will furnish photographs in
the number, type, and stage as enumerated below:
NONE REQUIRED
6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY WAGE RATES AS RE.
QUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS
Given on Pages 10-14 ,-10-15 and 10-16
7. BUILDER'S RISK INSURANCE
As provided in the General Conditions, paragraph 28(e), the Contractor w111/will not' maintain
Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value -basis on
the insurable portions of the project for the benefit of the Owner, the Contractor, and all sub—
contractors, as their interests may appear. -
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 agency, such insurance
•strike out one, or certificates shall be endorsed or countersigned by a re-
sident Arkansas agent. Insurance companies underwriting the
required insurance shall be licensed in Arkansas..
9-24
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SPEC I Al,trtaiaA17&,oI'I'01:'ru;{ hi=1 1 I;liv IS IONS
A. Activities and Contracts Not Subject to Executive Order 112t16, as Amended
(Applicable to Federally assisted construction contracts and related
subcontracts under $10,000)
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant
for employment because of race,, color, religion, sex, or national origin.
The Contractor shall take affirmative action to ensure that applicants for
employment are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
(2) The Contractor shall post in conspicuous places, available to employees
and applicants for employment, notices to be provided by Contracting Officer
setting forth the provisions of this nondiscrimination clause. The -
Contractor shall state that all qualified applicants will receive considera-
tion for employment without regard to race, color, religion, sex, or national
origin.
(3) Contractors shall incorporate foregoing requirements in all subcontracts'.
B. Contracts Subject to Executive Order 11216, as Amended
(Applicable to Federally assisted construction contracts and related subcon-
tracts exceeding $10,000)
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex,- or national origin.
The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national. origin. Such action shall
include, but not be limited to, the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay -or other forms of compensation; and selection
for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the pro-
visions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees
placed by or'on behalf of the Contractor,' state that all qualified appli-
cants will receive consideration for employment without regard to race,
color, religion, sex, or national origin. -
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9-2S
1 'H
' (3) The Contractor will send to each labor union or roprosontative of workers
with which ho has a collective bargaining agroomont or other contract or
understanding, a notice to be. provided by the Contract Compliance Officer
advising the said labor union or worker`s'"representatives of the Contrac-
tor's tor's commitment under this section and shall post copies of. the notice
in conspicuous places available to employees and applicants for employment.
I. (h) The Contractor will comply with all provisions of Executive Order 112b6 of
September 24, 1965, and of the rules, regulations and relevant orders of
Ir the. Secretary of Labor.
(5) The Contractor will furnish all information and reports required by
Executive. Order 112!16 of September 2b, 1965, and by the rules, regulations,'
'and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the Department and the
Secie tary.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 112h6 of September 2b, 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,
,i or orders of the Secretary of Labor issued pursuant to Section 2011 of
Executive Order 112!16 of September 211, 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.
IH.
9-26
.' D. "Soction
ce in the Provision of Trainin
,mtont and Business
During the performance of this contract, the contractor agrees as follows:
r
(1) The,contractor agrees to comply with the requirements of Section 3 of the
Housing. and. Urban Development Act of 1968 (12 USG 170(u), as amended, the.
HUD regulations issued pursuant thereto at 21, CFR Part 13, and any appli-
cable, rules and orders of HUD issued thereunder.
• (2) The "Section 3 clause" set forth in 2b CFR 135.20(b) shall form part of
this contract, as set forth in Paragraph 1 of the General Conditions,
' "Contract and Contract Documents".
• (3) Contractors shall incorporate the "Section 3 clause" shown below and the
,; foregoing requirements in all subcontracts.
I
Section 3 Clause as Set Forth in 21, CFR 135.20(6)
■
A. The work to be performed under
this contract is on a project assisted un-
der a program providing direct Federal
financial assistance from the Depart-
ment of Housing and Urban Develop-
ment and is subject to the requirements
of section 3 of the Housing and Urban
Development Act of 1968. as amended. 12
U.S.C. I791u, Section 3 requires that to
the greatest extent feasible opportunt-
ties for training and employment be
given lower Income residents of the
project am and contracts for work in
connection with the project be awarded
to buatnana concern, which art located
In, or owned In substa.ntlal part by per-
sons residing In the area of the project.
.H. The parties to this contract will
comply with the provl!lona of said sec-
tion 3 and the regulations issued pursu-
ant thereto by the Secretary of Housing
and Urban Develorment set forth• in 24
CFR —. and all anpllcabla rules and
orders of the Derartmmt Issued there-
under prior to the execution of this con-
tract. The parti's ti this contract certify
tnd agree that they are under no con-
tractual or other disability which would
;arevent them from complying with these
requirements.
C. The contractor will send to each la-
bor orginlastlon rr representative of
workers with whlzh he has a collective
bargaining agreement or other contract
or understanding. If any, a notice advla-
Ihg the said la^or organiratlon or work -
en' renresentative of his commitments
under this section 3 clause and shall post
copies of the notice In conspicuous places
available to employees and applicants for
•mnloyment or training. _
D. The contractor wl!) Include this
section 3 clause in ev!ry subcontract for
work in connection with the project and
will, at the direction of the applicant
for or recipient of Federal financial aa-
alstance, take appropriate action pursu-
ant to the subcontract upon a finding
that the subcontractor i In violation of
regulations Issued by the Secretary of
Housing and Urban Development, 24
CFR —. The contractor will not sub-
contract with any subcontractor where
It has noti-e or knowledge that the latter
has been foundinviolation of regula-
tlins under 24 CFR -- and willnot
let any subcontract unless the subcon-
tractor has first Provided It with a pre-
liminary statement of ability to comply
with the requirements of these regu-
lations.
E. Compliance with the provisions of
section 3, th- regulations set forth to 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
flnancis] assistance provided to the proj-
ect. binding upon the applicant or reclp-
lent for such assistance, its successors,
and assigns. Failure to fulfil these re-
quirements shall subject the applicant or
recipient. its contractors and subcontrac-
tors. Its successors. and assigns to those
sanctions specified by the grantor loan
agreement or contract through which
Federal assistance Is provided. and to
such sanctions As are specifed by 24
CPR —.136.
9-27
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(;GltI'IL1_CA'PION OI COAII'I,IrANCIi IVL'L Alit ANU lYA'I'LJ ACT'S
(Applicable to Federally assisted.construction contracts and related
subcontracts exceeding $100,000)
Compliance with Air and Water Acts
During the performance of this contract, the contractor and all subcon-
tractors shall comply with the requirements of the Clean Air Act, as amended,
112 USC 1857 et seq., the Federal Water Pollution Control Act, as amended,
33 USC 1251 et seq., and the regulations of the Environmental Protection
Agency with respect thereto, at ho 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 110 CFR 15.20.
(2) Agreement by the contractor to comply with all the requirements of
Section 1111 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 issued
thereunder.
(3) A stipulation that as a condition for the award of the contract, prompt
notice will be given of any notification received from the Director,
Office of Federal Activities, EPA, indicating that a facility utilized,
• or to be utilized for the contract, is under consideration to be listed
on the EPA List of Violating Facilities.
(4).Agreement by the Contractor that ha will include, or cause to be included,
the criteria and requirements in paragraph (1) through (14) of this
section in every nonexempt subcontract and requiring that the Contractor
will take such action as the Government may direct as a means of enforcing
such provisions.
9-28
SPECIAL CONDITIONS
SCOPE AND INTENT OF SPECIFICATIONS AND PLANS.
The specifications and plans are intended to supplement but
not necessarily duplicate each other, and together constitute one
complete set of specifications and plans, so that any work exhibit-
ed in one and not the other, shall be executed just as it had been
set forth in both, in order that the work shall be completed ac-
cording to the complete design or designs as decided and determined
by the Engineers. 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 Con-
tractor shall secure written instructions from the Engineers before
proceeding with the construction affected by such omissions or dis-
crepancies. It is understood and agreed that the work shall be per-
formed and completed according to the true spirit, meaning and in-
tent of the contract, specifications and plans.
ENGINEERS
Engineers• shall mean the firm of Northwest Engineers, Inc., who
have.been employed by the Owner for this work, or their duly author-
ized agents, such agents acting severally within the scope of the
particular duties entrusted to them, whose decisions shall, in all
cases, be subject to final approval by the Engineers. In all matters
pertaining to 'the status or amount of the contract, orders issued by
the Engineers and signed by the representative of the Owner shall be
valid.
FIGURED. DIMENSIONS.
Figured dimensions, when given in the plans, shall
be
accurately
followed,
even though they differ
from scaled measurements.
No work
shown on
the plans the dimensions
of which are :not figured,
shall be
executed,
until instructions have
been obtained from the
Engineers
as to the
dimensions. to be used.
Large 'scale and full size
drawings
shall be
followed in preference to
small scale drawings.
LINES AND GRADES.
All work done under this contract shall be done to the lines
and grades shown on the plans. The Contractor shall keep the
Engineer informed, a reasonable time in advance, of the times and
places at which he wishes to do work, in order that lines and grades.
may be furnished and necessary measurements for record and payment
may be made with minimum of inconvenience to the Engineer and o.f de-
lay to the Contractor.
9-29
WORK DONE WITIIOUT LINES AND GRADES.
Any work done without lines, grades or levels being given by
the Engineer, or done without the supervision of an inspector or
other representative of the Engineer, may be ordered removed and
replaced .at•the Contractor's cost and expense.
SERVATION OF MONUMENTS AND -STAKES.
• The Contractor shall carefully preserve all, monuments, bench
marks, reference points and stakes, and in case of willful or care-,
less destruction of the same, he will be charged with the resulting
expense of replacement, and shall be responsible for any mistakes .
or loss of time that may be caused by their unnecessary loss or dis-
turbance. In the event that the stakes and marks placed by the
Engineer are destroyed through carelessness on the part of the .Con-
tractor, and. that the. destruction of these stakes and marks causes
a delay in the work, the Contractor shall have no claim for damages
or extensions of time. In the case of any permanent monuments or
bench marks which must of necessity be removed or disturbed in the
construction of the work, the Contractor shall carefully protect and
preserve the same until they can be properly referenced and relocated.
The Contractor shall also furnish at his own expense such mater.ials
and assistance as are necessary for the proper replacement of monu-
ments or bench marks that have been moved or destroyed.
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 dis-
posed 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 work-
men through an approved water spigot or angle jet fountain, and the
use of a common drinking cup will be prohibited.
WATERWAYS.
Present natural and artificial waterways shall be left open
to flow freely. Temporary dams or by-passes shall be provided when
found necessary or ordered by the Engineer.
LOCATIONS OF FACILITIES.
The locations of the proposed pipe lines, valves, fittings,
manholes`, etc:, as shown on the drawings are for general information
only unless otherwise marked on the drawing. The exact location of
each shall be designated by the Engineer at the time work is started,
after giving due consideration to the local conditions. The Engineer
shall set stakes accordingly, and the Contractor shall install the,
work at the designated locations.
9-30
PROTECTION OF PUBLIC UT1LiTIES.
4
The Contractor shall give reasonable notice to the owners
of steam, gas, water, sewer and otherpipe lines or conduits, over. -
head and underground wires or other structures, either public or
private, railroads and other owners of property, when such pro-
perty is liable to injury or damage by reasons of the execution
of the work, in order that the owner or ownersof 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 pro-
tect its or their property, then the Contractor must do so. The Con-
tractor 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, 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 pro-.
tect 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 post-
ponement, interference, or delay caused by such structures being
on the line of the work, whether or not such structures are shown on
the plans.
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 pro-
tect the public. In case the Contractor fails or neglects to take
such precautions, the Owner may have such lights and barricades in-
stalled 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.
DIVERTING AND BLOCKING TRAFFIC. .
The Contractor may close streets to traffic as may he necessary
for the expeditious handling of the work, but only where traffic may
be conveniently routed over other open streets and public ways; pro-
vided, however, that no street or public way shall be closed to
traffic for a longer period of time than is necessary for the con-
struction of the work involved and then only upon the approval of
the Engineer and the City. Proper signs shall be erected to facili-
tate the flow of traffic over the detour route. When excavation
work is carried on in the highway right-of-way, the Contractor. shall
make provisions for. handling and re-routing traffic as required by
the Highway Department.
9-31
I
INSPECTION.
As set out in Seciton 14 of the General Conditions,. the pro-
ject shall at all times be subject to inspection by representatives
of the Department•of Housing and Urban Development. Access and in-
spection shall also be provided for representatives of the Owner,
the Public Health Service and the Arkansas Department of Health..
The, Contractor shall provide proper facilities for such access and
inspection.
Unless otherwise directed by the Engineer, all work of a per-
manent nature which cannot be inspected after completion shall be
done. in the presence of an Inspector. NO CONCRETE SHALL BE PLACED
UNLESS AN INSPECTOR. IS PRESENT. The Contractor shall notify the
Engineer at least twenty-four hours in advance before concrete is
to be poured. It shall be the duty of the Contractor to notify the
Engineer in advance of the beginning of work after delays, shutdowns,
change of work progress or change of location..
• The failure or neglect on the part of the Engineer or the
Inspector to inspect, condemn or reject inferior materials or work
shall not be construed to imply an acceptance of the same should
inferiority become evident at any time prior to the final acceptance
of the work by the Owner, or within the time limit of one year as
set out in Section 40 of the General Conditions.
The Engineer does not guarantee the performance of the contract
by the Contractor, nor shall his inspection be construed as super-
vision 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 subcon-
tractors,.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 representa-
tives, the Engineer may require standard safety procedures to be
initiated, but the requirement of these procedures does not consti-
tute a guarantee by the Engineer as to. their adequacy or the safety
of the public.
Where plans, buildings, or mass movement of earth is being under-
taken, the Engineer will set such control lines and basic elevations
as are required for the Contractor to make such unit or plant lay-
outs as are. required. When work is undertaken which requires a con-
stant or generally intermittent checking of lines andelevations, the
Contractor shall maintain such equipment and personnel as are essen-
tial to the actual prosecution of the work. In these instances, the
final grades, alignment and dimensions are subject to the checking
of the Engineer..
9-3.2
1
PRIVILEGES OF CONTRACTORS IN STRt1:ETS.
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 practicable; cross streets will be kept open wherever pos-
sible.
The Contractor wil
when a street is closed
opened for traffic. In
the Contractor will sta
case of any emergency.
Inotify the Fire Chief. of the locality
and shall again notify him when it is
case no adequate detour can be provided,
nd in readiness to provide.a crossing, in
4
' 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.
OWNER'S AND ENGINEER'S PROTECTIVE LIABILITY INSURANCE.
The. Contractor shall indemnify and save harmless the Owner
and the 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 whosecost will be partici-
pated in by the Federal Government. Therefore, if required, the Con-
tractor shall furnish the Owner a cost breakdown.
9-33
I.
,
Hue -+O ID
(7.76)
U.S. DEPARTMENT or HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FEDERAL LABOR STANDARDS PROVISIONS
1.'. APPLICABILITY
I
The Project or Program to which the work covered by this Contract
pertains is being assisted by the United States of America and the
following Federal Labor Standards Provisions are included in this
Contractpursuant to the provisions applicable to such Federal assist—
ance.: .
2. M11MI0M WAGE RATES FOR LABORERS AND F CHANICS
All laborers and mechanics employed upon the work covered by this
Contract shall be paid unconditionally and not less often than once
each week, and without subsequent deduction or rebate on any account
(except such payroll deductions as axe made mandatory by law and such
other payroll deductions as are permitted by the applicable.regula-
tions issued by the Secretary of Labor, United States Department of
Labor, pursuant to the Anti -Kickback Act hereinafter identified), the
full amount due at time of payment computed.at wage rates not less
than those contained in the wage determination decision of said
Secretary of Labor (a copy of which is attached and herein incorporated
by reference), regardless of any contractual relationship which may be
alleged.to exist between the Contractor or any subcontractor and such
laborers and mechanics. Ali 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.clau'se, regular contribu-
tions made or costs incurred for more than a weekly period under plans,
funds, or programs, but covering the particular weekly period, are!
deemed to be constructively made or incurred during such weekly
period.
3. UNDERPAY1 ITS OF WAGES OR SALARIES
In 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
Page. 1 of 13 Pages
10-1
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Agency or Public Body may consider necesaTy to pay Much laborers or
mechanics the full amotuit.of wages required by this Contract. The
amount so withheld may be, disbursedby the,Lolbal Public Agency or
Public Body, for and -on account of the Contractor or the subcontractor
(as may be appropriate), to the respective laborers or mechanics to
whom the. same is due or on their behalf to plans, funds., or programs
for any type of fringe benefit prescribed in the applicable wage
determination.
4. ANTICIPATED COSTS OF FRINGE B12TEFITS
If the Contractor does not make payments to a trustee or other
third person, he may consider as part of the wages of any laborer or
mechanic the amount of any, costs reasonably anticipated in providing
fringe benefits under a plan or program of a type expressly listed in
the wage determination decision of the Secretary of' Labor which is a
part of this Contract: Provided, however, the Secretary of Labor has
found, upon the written request of the Contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor
may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program. A copy of
any findings made by the Secretary of Labor in respect to fringe benefits.
being provided by the Contractor must be submitted to the Local Public
Agency or Public Body with the first payroll filed by the Contractor
subsequent to receipt of the findings.
5. OVLRTII' CO?wm--SATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT (76 Stat. 357-360: Title 40 U.S.C., Sections 327-
332)
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the Contract work which may require or
involve the employment of laborers or mechanics, including watchmen
and guards, shall require or permit any laborer or mechanic in any
workweek in which he is employed on such work to work in excess of 8
hours in any calendar day or in excess of 40 hours 'in such work week
unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times his basic rate of pay for all hours
worked in excess of'B hours in any calendar day or in excess of 40 hours
in such work week, as the case may be.
(b) Violation: liability for unpaid wanes liquidated damages.
In the event of any violation of the clause set forth in paragraph a),
the Contractor and any subcontractor responsible therefor shall be
liable to any affected employee for his unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States
for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic employed in violations
of the clause set forth in paragraph (a), in the sum of.$10 for each
calendar day on which such employee, was required or permitted to work
Page 2 of 13 Pages
HUD -4010 (2-76)
10-2 .6
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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 liquidated damages. The Local Public Agency
or Public Body shall withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contractor or subcontractor,
such sums. as may administratively be determined to be necessary to
satisfy any liabilities of such Contractor or subcontractor for liqui-
dated damages as provided in the clause set forth in paragraph (b).
• (d) Subcontracts. The Contractor shall insert in any subcontracts
the clauses set forth in paragraphs (a), (b), and (c) of this Section
and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts which they may enter into, together with
a clause requiring this insertion in any further subcontracts that may'
in turn be made.
.6. •EMPL0]7IENT OF APPRENTICES/TRAINEES
a. 'Apprentices will be permitted to work at less than the prede-
termined rate for the work they performed when they are em -
t ployed and individually, registered in a bona fide apprentice-
ship program registered with the U. S. Department of labor,
-Pianpower Administration, Bureau of Apprenticeship and Training,
or with a State Apprenticeship Agency recognized by the Bureau,
or if.a person is employed in his first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who, is not individually registered in the program, but who has
been certified by the Bureau of Apprenticeship and Training or
a State Apprenticeship Agency (where appropriate) to be
• eligible for probationary employment as an apprentice, The
allowable ratio of apprentices to journeymen in any craft classi-
fication shall not be greater than the ratio permitted to the
contractor as to his entire work force under the registered
program. Any employee listed on a payroll•at an apprentice
wage rate, who is not a trainee as defined in subdivision (b)
of this subparagraph or is not registered or otherwise employed
as stated above, shall be paid the wage rate determined by the
Secretary of Labor for the classification of work he actually
performed. The contractor or subcontractor will be required to
Page 3 of 13 Pages
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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
• not be• greater than permitted under the plan approved by the
Bureau of Apprenticeship and Training. Every trainee must be
• paid at not less than the rate specified in the approved pro-
gram for his level of progress. Any employee listed on the
payroll at a trainee rate who is not registered and partici-
pating in a training plan approved by the Bureau of Apprentice-
ship and Training shall be paid not less than the wage rate
determined by the Secretary of Labor for the classification of
work he actually performed. The contractor or subcontractor
will be required to furnish the contracting officer or a repre-
sentative of the Wage -Hour Division of the U. S. Department of
Labor written evidence of the certification of his -program,
the registration of the trainees, and the ratios and wage
rates prescribed in that program. In the event the Bureau
of Apprenticeship and Training withdraws approval of •a train-
ing program, the contractor will no longer be permitted to
utilize trainees at less than the applicable predetermined'
rate for the work performed until an acceptable program is
approved.
c. Equal Employment Opportunity. The utilization of apprentices,
trainees and journeymen wider this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR Part 30.
Page 4 of 13 Pages J
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7. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who, at the
time, is serving sentence in a penal or correctional institution shall
be employed on the work covered by this Contract.
8. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT"
The Contractor shall comply with the applicable regulations (a
copy of which is attached and herein incorporated by reference) of the
Secretary. of Labor, United States Department of Labor, made -pursuant to
the so-called "Anti -Kickback Act" of. June 13, 1934 (48 Stat. 948: 62
Stat. 862; Title U.S.C., Section 874: and Title 40 U.S.C:, Section 276c),.
and any amendments or modifications thereof, shall cause appropriate
provisions to be inserted in subcontracts to insure compliance therewith
by all subcontractors subject thereto, and shall .be responsible for the
submission of affidavits required by subcontractors thereunder, except
as said Secretary of Labor may specifically provide for reasonable
limitations, variations, tolerances, and exemptions from the require-
ments thereof.
9. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE
DETERMINATION DECISION
Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Contract will be
classified or reclassified conformably to the wage determination by the
Local Public Agency or Public Body, and a report of the action taken
shall be submitted by the Local Public Agency or Public Body, through
the Secretary of Housing and Urban Development, to the Secretary of
Labor, United States Department of Labor. In the event the interested
parties cannot.agree on the proper classification or reclassification
of .a particular class of laborers and mechanics to be used, the question
accompanied by the recommendation of the Local Public Agency or Public
Body shall be referred, through the Secretary of Housing and Urban
Development, to the Secretary of Labor for final determination.
10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
The Local Public Agency or Public Body shall require, whenever the
minimum wage rate prescribed in the Contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly
wage rate, and the Contractor is obligated to pay cash equivalent of such
a fringe benefit, an hourly ca❑h equivalent thereof to be established.
In the event the interested parties cannot agree upon a cash equivalent
of the fringe benefit, the question, accompanied by the recommendation
of the Local Public Agency or Public Body, shall be referred, through
the Secretary of Housing and Urban Development, to the Secretary of
Labor for determination.
Page 5 of 13 Pages
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11. POSTING WAGE DETEIZM1NATION DECISIONsAnD AUTHORIZED WAGE DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United States
Department of Labor, and the applicable wage determination decisions of
said Secretary of Labor with respect to the various classification of
laborers and mechanics employed and to be employed upon the work covered
by this Contract, and a statement showing all deductions, if any, in
accordance with the provisions of this Contract, to be made from wages
actually earned by persons so employed or to be employed in such classi-
fications, shall be posted at appropriate conspicuous points at the site
of -the work.
12. COMPLAINTS, PROCEEDIlIGS, OR TESTIMONY BY EMPLOYEES -
• No. laborer or mechanic to whom the wage, salary, or other labor
standards provisions of this Contract are applicable shall be discharged
or in any other manner discriminated against by the Contractor or any
subcontractor because such employee has filed any complaint.or instituted
or caused to be instituted any proceeding or has testified oris about to
testify in any proceeding under or relating to the labor standards appli—
cable under this Contract to his employer.
13. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications
of laborers and mechanics employed upon the work covered by this Contract
shall be promptly reported by the Contractor in writing to the Local
Public Agency or Public Body for referral by the latter through the
Secretary of Housing and Urban Development to the Secretary of Labor,
United States Department of Labor, whose decision shall be final with
respect thereto.
14. QUESTIONS CONCERIWG CERTAIN FEDERAL STATUTES AND REGULATIONS
All questions arising under this Contract which relate to the
application or interpretation of (a) the aforesaid Anti -Kickback Act,
(b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid
Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor,
United States Department of Labor, pursuant to said Acts, or (e) the
labor standards provisions of any other pertinent Federal statute, shall
be referred, through the Local Public Agency or Public Body and the
Secretary of Housing and Urban Development, to the Secretary of Labor,
United States Department of Labor, for said Secretary's appropriate
ruling or interpretation which shall be authoritative and may be relied
upon for the purposes of this Contract.
15. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS
The Contractor and each subcontractor shall prepare his payrolls
on forms satisfactory to and in accordance with instructions to be
Page 6 of 13 Pages
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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-
It. tractor covering all laborers and mechanics employed upon the work
covered by this Contract shall be maintained during the course of the
work and preserved for a period of 3 years thereafter. Such payrolls
and basic payroll records shall contain the name and address of each
' such employee, his correct classification, rate of pay (including -rates
of contributions or costs anticipated of the types described in Section
1(b)(2) of the Davis -Bacon Act), daily and weekly number o£ 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
11 Davis-Bacon'Act, the Contractor or subcontractor shall maintain records
.1 which show that the commitment to provide such benefits is. enforceable,
'that the planlor program is financially responsible,. and that the plan
or program has been communicated in writing to the laborers or mechanics
affected, and iecords 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.
i•. 16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY E1,1P LOYEES
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
'i furnishing of materials, articles, supplies, or equipment on the site
of the Project or Program to which this Contract pertains by persons
employed by the Contractor or by any subcontractor, shall, for the
'purposes of this Contract, and without limiting the generality of the
foregoing provisions of this Contract, be deemed to be work to which
these Federal -Labor Standards Provisions are applicable.
I, . 17.. INELIGIBLE SUBCONTRACTORS
The Contractor shall not subcontract any part of the work covered
by this Contract or permit subcontracted work to be further subcontracted
1 - Page 7 of 13 Pages
HUD -4010 (2-76)
10-7
without the Local Public Agency.'.s or Public Bodyc=prior written approval
I.
of the subcontractor. The Local Public Agency or Public Body will not
approve any subcontractor for work covered.by this Contract who is at
the time ineligible under the provisions of any applicable regulations
issued by the Secretary of Labor, United States Department of Labor or
', the Secretary of Housing and Urban Development, to receive an award of
such subcontract.
' 18. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS
The Contractor shall include or cause to be included in each
I.
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,
fin 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.
'C 19. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as
1herein 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.
I A breach of these FederalS Labor Standards Provisions. may also be grounds
for debarment as"provided by the applicable regulations issued by the
Secretary of Labor, United States Department of Labor.
i
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HUD -4010 (7.76)
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ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
ISO -CALLED "ANTI -KICKBACK ACT AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
TITLE I8, U.S.C., section 874
I.
• (Rephcrs ,ection I of the Acl of June 13, 1934 f 4R Stat. 948.40 U.S.C..
sec. 276b) pursuant to the Act of June 25. 1948.62 Stal. 862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES.
( Whoever, by fore., intimidation. or threat of pm: uring dirmiwl from emplm maul, or by any mbar manner whatso.
I. =ever inducts any per,on employed in the runmtmrtion. pmv rntiun. cnmldtt i.,,, or repair of any public building. public work.
or building or work financed in whole or in pan by loans or grant& from the I nited Si at n, to Fire up an�ny part of the coin.
- penution to which he is entitled under his contract of emplon nent. shall be fined not more than J] (MI0 or impri.uned not
fmore than f ve years, or both.
SECTION 2 OF THE ACT OF JUNE I3. 1934, AS AMENDED (48 Aat. 948, 62 Sat. 862,
' 3 Slat. 108, 72 Slat. 967, 40 U.S.C.. we. 276c)
i The Seortary of Labor shill make reanombk resnbtiors for contrarinn and 'uhrontncinr' r rgesrd in the crenWuclr,n.
' - pmsecWion, eomplrt inn or repair of public buildings. public wn4.. or huddmry or worts (runt rd in w hole or in an by loans
orgrsnts from the United Stairs, including a pronoun that each contractor end subronlrartor &hall Iurnihh wrkl) a rtaitment
with respect to the wages paid each employer during the preceding week. Section 1001 of Title 18 It nited Staten lade) shall
apply to such statements.
11 Pursuant to the aforesaid Anti.Kickback Act. the Secretary of Labor. Cnitrd .Stotts Depart me et of Labor. ho promul.
Baled the regulations hacinafter set forth, which r.Nlaiiona are found in Title 29. Subtitle A. Code of Federal R.tulatnom,
Pan 3. The term "this part," is used in the regulations hereinafter met forth. refers to Pan 3 l.a above mentioned. Said rg-
ulationa are u follows:
� 1
TITLE 29 —LABOR
I.
Subtilk A — Office of the Secretary of Labor
PART 3—CORACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN
l ;• NTWTIOLE OR fN PART BY LOANS OR GRANTS FROM THE UNITED STATES
I
'r Section 3.1 Purpose and scope.
j 1
True part pn.vibes "mti.&ickbark" rrgulatioru under section 2 of the Act of June 13. 1934, u amended (40 U.S.C;
776c), popularly known u'the Copeland Act. This pact applies to any contract which is subject to Federal wage atandad.
' and which is for the tonstitetion, prosecution. completion, or repair of public buildings, public work, or buildings or works
Tmanud in whole or in pat by loans or grants from the United States. The part i& intended to mid in the enforcement of the
minimum wage provision' of the DavitBacon Act and the "&roue statutes destine with Federally.Fwuttd construction that
contain unit& minimum wage provisions, including those provisions which art not subject to Reorganiution Plan No. 14
11
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HUD 4238-S(R)
10-9.
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(e.g., the College Housing Act of'1950, the Federal 0.lter Pollution Control Act, and the Housing Act of 1959). and in the
enforcement of the overtime pcovisiom of the Contract Rork Houn Standards Act whenever they are applicable to ron.vurtion
work. The part details the obligation of eontracton and subconoarton relative to the wnkhv submission of statements mgard.
in& the wagespaid on work covered thereby: seta forth the circumstances and procedures governing the making of par roll de.
ductions from the wag" of those employed on such work: and ddinestes 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 wnnructinn activity As dotinguished from man uL rturing,
furnishing of materials, or servicing and maintenance work. The teens include, without limitation, buildings. structures, and
improvements 01 .11 types, such as bridge; dams. plants. highrns. parkways. streets. subways, tunnels. sewers. mains. power.
lain., pumping auctions, railways, aspom. terminals. docks, piers, what -et ways. IighIhou". buoy a. jetties. bnakwstns.
levees, and units; dredging, shoring. scaffolding. drilling, blasting, eves%ating. clearing, and landscaping. Unless conducted in
connection with and at the site of such a building or work a is described in the foregoing sentence. the manufacture or furnish.
ing of msteridi, stick", supplies, a equipment (whether or not a Federal or State Agency acquire, title to such malnuh,
articles, supplies. or equipment during the course of the manufacture a furnishing, or owns the materials from which they an
manufactured or fumirhed) is not a building" or "work" within the meaning of the regulations in this part.
(b) The terms "construction," "prosecution." "completion," or 'npair" mean dl types of work done on a pan icular
building or work -at the site thereof, including, without limitation, shning.renadeling. painting and decorating, the trioaport-
ing of materials and supplies to or from the building or work by the employers of the wnmuctlon contractor or con,Wction
subcontractor, and the manufacturing or furnishing of materials. rticles. wppl',", or equipment on the site of the building or
work, by persons employed at the site by the contractor or subeo,tracta. -
(c) The terms "public building" or "public work"include building a work for whose eonatruelion, prosecution, com-
pletion, or repair, is defined above, a Federal agency is. contorting party, "(«wiles« of whether title thereof is in a Federal
arncy.
• (d) The term "building or, work financed in whole or in put by loam or grants from the United States" includes build.
ing or work for whose construction, prosecution. completion, or repair. a defined above, payment or pact pe) mwt is made
directly or indirectly from funds provided by bans or pants by a Federal agency. The term does not include building or work
for which Federal ristance is limited solely to ban gurantees or iro eina.
(e) Every person paid by. contractor or subcontractor in any manner (or his labor in the construction, pmnetutnn.
completion. or repair of a public building or public work or building or work financed in whole or in put by loam or pants
from the United States is "employed"and receiving "wages,"rtgrdkss of any contracted relationship alleged to east between
him and the real employee
(0 The teem "any affiliated person" includes a spoor, child, parent, or other close relative of the contractor or sub
contractor; a partner or offices of.the contractor or subcontractor a corporation closely connected with the contractor or
subcontractor as parent, subsidiary or otherwise, and an officer or agent'of such corporation.
(g) The term "Federal agency" memo the United States, the District of Columbia, and all executive &partmente, in-
dependent ntsbliahmenta, administrative agencies, and instrvmentditi" of the United State aid of the Dstrict of Columbia,
including corporations, all or substantially all of the stock of which is beneficially owned by the United Stateby the District
of Columbia, a any of the foregoing departments. establishments, agencies, and intrumentalitiet
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" tail not apply to persons in elaaifrulions higher then that of labors
or mechanic and those who are the immediate wpervsors of such employees
1.
10-10
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4.\ t . -e, II-:ya. Yon I:. '.r.I'l nINlaw.f Wlnl: PMM`.IMi..(.\LMw�lIIl� .'5-aW u�. .a •'Tn... nisi:\r..v.r1f....... .. .. r. ...
(L) hint toil raft or or uhbeonl ravine engagnl in the constrain ion. prow,ution, mm filet ion, or rr pace of airy pul lic
Luldiug or public wort. or bt,di,, or worL Gnanerd in wlnlr or in put h) loan. or fiarrla from the Trailed Skalr\_.I,41I
fwnirh each wrrl a .lalcmctil till, re-prcl to lire wage. paid each nit. fnrploarr• enraged on work rat%rrrd L. e.9 CI It
Pats 3.n43 during tire pr•redtng w rAl) pas roll preind. This rta1 ''''it .hall Ire eeeutrd In the eonlr aefor or sabroll
tracltw or L) an smlorierd offiret or ern)slo)er of The romrarlor or •,rbrnnlrarlor . ho .ul•rr.i.cr the fin nv„t sal -jr''.and
shall be on furor ll'll 318, " Slalrmrul of (Mfl 1 I;ontt", or on an idr.,lial fonil in lie lad of 1111 311. " ISs roll (I or Co.
Tractors Optional V c)"or on any form with identin? wording. Sangdr eopbs of t111 :117 and 611) I1) may be ,.Llalnrd Dom
the Government cant rack urg or yonaoring agcncy. and topics of Ik. r forms nu) Ic pun hawd al the Cu,trn hnoa Prinking
Offce. - ..
(e) The rrqubrments of This .chin,, shall not apply to any roniract of S20@3 rr i4..
(d) Upon a written finding L) tire head of a Federal agency. ow Secretary of I.slar may provide ra,,n4,lr limit at im.w
,_.
ruiatiuuh tolerance-, and rnrmpliom from the regLia menta of ILi, section wLjrel to such rorrdil ism .s fire Sermtary of
Labor may specify. r
I
129 F.R. 93,3... 4:1964. a amended at 33 F.R. If111tG, July 27, 1rNs01
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
t . ) -
(a) Each really gaIt mrnl required tinder § 3.3 skull be dr li,rred by Ilie contractor or rubrumr, ar l or, within vrrn
days after the regular pavu.ent dale of rise pa) roll period. to a repro �ctlljlo%c of a Frdnal or State apron in charge at the
site of tic buildirhg or wort. m, if IIit" is no rvprrss ntative of a Fed. ral or $lair a; moy aI the silt of the hu h I ding or wort.
Ilw gat cmrnI Jhall i.e n,ailed Lv the con(roe l or or it,bcoutrar I or, wit bin too ih time. to a Federal or Sts lr s3nhcv cont ra•iiun
for or rinanring IL, building or work. Altor weir turn ihulion arhd rlhrrk as mar Lr maJq such slarnh•n 1, or •.t,,,, kLr rr.v (,
.hall be kept nnilablr, or 'ball be iranvninrd h,gethu will. a rc)orl of an)ruLLon, in arandanre will, apphl a is prurrdums
prescribed by the United Stales I )rpart ment of Lalror.
(b) Fach contractor or subcontractor \lulI pre-ervr Isis wrrkls pas roll rice . for a pniod of Iles 'rack from date of
mmptetkon oltlm contract. ILr pat nil? Ternrd. All art nut araantrIi and rump) bdv the name and addrr.c u( rail, blsorer
and n.¢hanir, his torrent rla-\ifieation, race ..if pay, daily u,A w«lit numMr of Lcurs wurked, dedueliuns made, and it trial
wsge paid. Stich lavmll rvcorda %lull be nude avaibLlr at all foots for inspection b) the eunkcarling officer or Lo- antitonred
nprtrnla to r. and Ly' authorized rrprratntativn of the Orpanmrnt of Labor. .
Section IS Payroll deductions permissible without application to or approval of flu Secretary of Labor
Deductions rode under the circumstance, or in rose situalions described in time puagcaplm of this faction may he made
wilhoot appleatiun to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with The rrq uiremnrts of Frdnal. State, or local law, much all Federal of State
withholding income taxes and Federal vial %ccurit) taxes.
(1.) Any deduction of teams prrdund)' paid to The rmplu) ee as a lions ride prrlyrnent of -a_e% rh•n such ,orbs intent
is made m'ithmut divuunl or intrrr-l. .. "boll& fidr prepayment of w ac' is eon'. drrrd to have Lm, madr orals when u L or
its equitalr,d ha- Lit, ad%anted to Ibe perrsn employed in curb mariner as to five him complete freedoms of diao.itiun of Tlw
advanced fuodu.
(c) :tin) d' duction of omounhi rrguirrd 6% court process to be paid to another. walethe deduction is in labor of the
contractors to bcun a raalor or an affiliated pens n, of -lien coil or vim or tot la tax at ion exists.
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(d) Any deduction ronitiluting a rontribulbn on b•hslf of the person r mploved to funds vest ablished by the employe
a "presentative of employee$, or bath, for the prufote of pronding either from principal or income, or both, medical or
hoepit.l cur, pennons or annuities on retirement. drat h he edits, corn wnsal non for injuries. illne u. accidents, sickness. or
diubil ily. or for in entente to provide any of the rote gni ng. or unem ploy menI hr tiefiol. vacation pay, unnge .cede eta, a
imilu payment, for the benefit of employed, their families and dependents; Horded however. That the following standard.
save mrl: (1) The deduction u not othrrwire prohibited In 6w: (2) iii either: (fl Voluntarily rontented to by the employee
is writing and in advance of the period in which the work n to b'r done and such ronvnt ia.not a condition either for the
obtaining of or for the continuation of employment, or (ii) provided fa in s bons fide tollrrli.e bargaining agreement be-
tween the contractor or subcontractor and r -pr. te niati.d of its employees. (3) w profit or other benefit is otherw it obtained,
directly or indirectly. by the contactor or subcontractor or any affiliated person in the form of commission, dividend, or
otherwise; and.(4) the deductions shell serve the convrnknrr and interest of the employee.
(e) Any deduction contributing toward the purchase of United StsteDefen. $lamps end Bonds when voluntarily
authorised by the employer.
(r) Any deduction requested by the employer to enable him In repay mini to or to purchase shares in credit uniont
organized and operated in accordance with Federal and State credit union sl.l ulra.
(g) Any deduction voluntarily aml,oeiard 61 the employer for the making of contributions to governmental or quasi.
governmental agencies. such as the American Red Caor, -
(h) Any Jrduction vttuntarily authorized by the employ re for the making of contributions to Community Cheita.
U oiled Givro Fonda, and similin charitable $gums ationa.
(i) Any deductions to pay regular union i niliat inn fees and mrmkr rlhip dun. not including fine or .peeial axwnentC
Provided, however, That a collective bargaining acrremrnl between the contractor or tubrontu,tor and representative. or its
employees provides for such deductions and the deductions are not on,. r..' prohibited by law.
(j) Any deduction not more than for the "4r4-onal.l. coal " of I+.zed. tidying. or other facilities n.eeting the nquire-
rwnlaof section 3(m) of the Fair I.lor Standard. Act of 19.18. a• amended. and Put 531 of this title. When such a deduction
is made the additional records r.1uirrd under § 5161' (a) of this title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
Any contnetue or submnuraclor may apply to the.`. errelary of lalror for prrmison to make any deduction not per.
milled under § 35. The Secretary may pent permiwon whenever he finds that:
(a) The contractor, ubront rector. or any affiliated pernn does not make a profit or benefit directly or indirectly from
the deduction either in the form of a commission, dividend, or otherwise;
(6) The deduction is not otherwise prohibited by law;
• (e) The deduction is either (1) voluntarily mnrNrd to by the employee in writing and in advance of the period in whkh
the cork Ito be done and snob content ie not a condition either for the obtaining of employment or its continuance. or(2)
provided for in a bons fide collective bargaining agreement beew ren the contractor or subcontractor and representatives of its
employee.; and
(d) The deduction server the convenience and interest of the employee.
10-12
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Section 3.7 Applications for the approval of the Secretary of Labor.
Any applical ion for the mating of payroll deductions under § 3.6 dull comply with the req u irrmans pr cc l.d in the
following par.oetajdn oft ids we l ion:
(.) The apidicat;oo dull be in writing a'.J .ball be .JJreseed to the Stcret try of I thor..
(b) The application shall identify lire eont rest or contract, under w biro the work in question is to he performed. per
re'.eion will be `tyro for deductions o,dy on specific, identified rontnrts, rvrept upon a showing of c ce1 I.onal eiruumtavrr.
(e) The applica lion shall &late af(inml isely that there. Compliance wish the gande'Js art forth in the p.m ieions of
4 3.6. The affirmation slull be acorn panird bl a full statement of the facts indicating such corn tali ante. -
(d) The application dull include a Heart pion of the proIo.rd deal union, the purpose to be served thereby. and the
sasses of lahordn or meth nics from w lose wages the proposed deduction would he made.
(e) The application shall gate the name and bo-incu of any third person to whom any funds obtrnrd from the (eon
glowed deductions arc to be transmuted slid the .ff lietion of 'on; pnwm, if any, with the applicant.
Section 18 Action by.the Secretary of Labor upon applications.
The Secretary of Labor .hall decide whether or not the requested dedudon is permissible under pmvisions of § 3.6;
and then notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not el.ewbere provided for by this part and which are not found to be penoir.ibk under § 3.6 art prohihibd.
Section 3:10 Methods of paymcnl of wages..
The payment of'wagrs shall be by cash, negotiable ingrmnenl' pre able on demand, or the .dditinnal farm' ni con9eou.
lion for which deduction. are permissible under this part. No oilier methods of payment shall be reeupnierd on .nrk subject
to the Copeland Act.
Section 3.11 Regulations put of contract.
An contracts made with rnpcct'to the construction, proseeutkui. completion. or repair of any public building or public
worker building or work financed in whole or in pan by loam or gents from the United Sister covered by tie «guletlnm in
this part shall npaerly bold die contractor or subcontractor to comply w it) such or the regulation! in this put as may be aryl-
pliuWe. In this regard, set § 5.5 (a) of this subtitle.
26
HUD b738—S(R)
10-13
FAYETTEVILLE,
AAR,KANSA�S
P. O. DRAWER F • 72701 (501) 521-7700
April 25., 1980
oIIECEN F. SAl I.
SAN
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Northwest Engineers
505 West Ash
Fayetteville, Arkansas. 72701
1
Gentlemen:
Enclosed herewith is the HUD Wage Determination for Project
#SW -78-7906-7. This Determination is to be placed in each bid
packet.
If you have any questions in regard to this matter, please
feel free to call.
Sincere y,
RICI-IARD F. MASON, Director
Community Development Department
REM:sc
Enc.
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GENERAL TECHNICAL SPECIFICATIONS
City of Fayetteville, Arkansas
Sidewalk Project No. SW -78-7906-7
1. Scope of Work. The. work to be done under these contracts
shall be the furnishing of all materials, labor, equipment,
tools, supervision, insurance, and other accessories and ser-
vices necessary to complete, the following described construc-
tion in accordance with the Plans and Specifications:
Contract Section I - Sidewalks and Storm Drainage along
the North side of Huntsville Road from Wood Avenue to Mill
Street and along the East side of Mill Street. from Huntsville
Road to Rock Street:
1) Install approximately 36 lineal feet of 15 inch 0
RCP culvert, 332 lineal feet of 15 inch D CMP'cul-
vert, 6S lineal feet of 18 inch 0 RCP culvert, 323
lineal feet of 18 inch 0 CMP culvert with 3 standard
curb inlets and 2 junction boxes.
.2) Construct a pedestrian bridge across the existing
drainage course near the West end of Huntsville Road.
3) Construct approximately 5,450 sq. ft. of concrete
sidewalk along the North side of Huntsville Road and
along the East side of Mill Street with approximately
296 lineal feet of concrete curb and. gutter, and other
appurtenances and miscellaneous items.
Contract Section II - Sidewalk and Storm Drainage along
the South side of Rock Street from Mill Street to Willow Avenue:
1 1) Install approximately 373 lineal feet of 13 inch x 22
inch CMPA culvert with 2 curb inlets and 1 junction
•box.
,'
2) Construct a pedestrian
drainage course. midway
Mill Street.
3) Construct approximately
sidewalk with intergal
crete pavement widening
miscellaneous items.
bridge across the existing
between Willow Avenue and
1,540 sq. ft. of concrete
curb and 60 sq. yd. of con -
with other appurtenances and
Contract Section III - Sidewalk and Storm Drainage along
the West side of Wood Avenue from McClinton Street to 7th Street:
1) Install approximately 1,132 lineal feet of 18 inch 0
CMP culvert with 4 curb inlets and other appurtenances._
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2) Construct approximately 4,580 sq. ft. of concrete
sidewalk with intergal curb, 540 sq. yd. of concrete
street pavement widening and other miscellaneous items.
Contract Section IV - Sidewalks and Storm Drainage along
the West side of Washington Avenue from Arkansas Highway 16
(15th St.) to 7th Street:
1) Install approximately 62 lineal feet of 18 inch 0 RCP
• culvert, 660. lineal feet of 18 inch 0 CMP culvert, 82
lineal feet of 24 inch 0 RCP culvert, 1,004 lineal
feet of 24 inch 0 CMP culvert with 14 curb inlets and
other appurtenances..
2) Construct approximately 10,110 sq. ft. of concrete side-
walk with intergal. curb, 1,006 sq. yds. concrete street
pavement widening and other miscellaneous items.
Contract Section V -Sidewalk and Storm Drainage along the
South sidesideof National Street from Dunn Avenue to Government
Avenue and along the West side of Government Avenue from National
Street to U. S. Highway 62 (6.th St.):
1) Install approximately 160 lineal feet of.18 inch 0
CMP culvert, 128 lineal feet of. 18 inch 0 RCP culvert,,
5 curb inlets, 1 headwall and other appurtenances.
2) Construct approximately.5,480 sq. ft. of concrete side-
walk with intergal curb, 185 sq. yd. concrete street
pavement widening and other miscellaneous items.
Contract Section VI Sidewalk and Storm Drainage along the
' West side of Duncan Avenue from Center Street to Treadwell Street
and along the East side of Duncan Avenue from Treadwell Street to
near U. S. Highway 62 (6th St.):
1) Install approximately. 70 lineal feet of 18 inch 0. RCP
culvert, 144 lineal feet of 18 inch 0 CMP culvert,.2
curb inlets and other appurtenances.
Z) .Construct 402 lineal feet'of concrete retaining wall..
I. 3) Construct approximately 8,940 sq. ft. of concrete side-
walk, 65 sq. yds. concrete street pavement widening and
other miscellaneous items.
2. Quality of Plans. .The plans have been prepared :with all reason
le care but may not be correct in every detail. The location
of underground utilities are•shown as best can be determined but
it will be the Contractor's responsibility to notify all utility
owners prior to working in an area and to work closely with the
representatives of the utilities in order to reduce damage to
' lines; interruption of service or added cost.to the Contractor.
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3 Lands and Rights-of-Wa
to be performed within
ditional temporary con
pletion of the project
y All construction of this project is
dedi"cated street rights -of -way. Any ad-
struction easements necessary for the corn -
will be obtained by the City of Fayetteville.
4. General Guaranty. As specified within Section 40 of the General
Conditions the Contractor shall guarantee all materials and work-
manship for a period of one year from date of completion and shall
correct, at his own expense, any defects thatmay occur within
that period;
5. Materials of Construction.
A. General. The materials hereinafter described and specified
shall e used for the construction of the various items of
this project. The "Standard Specifications for Highway Con-
struction", 1978 Edition, published by the Arkansas State
Highway Commission are, by reference, hereby made a part
of these specifications and are hereinafter referred to as
the "Standard Specifications".
' B. Select Fill. Select fill shall be clay, cherty-clay, or
other acceptable material free of roots, organic matter,
large boulders or other objectionable material. Select fill
shall be approved by the engineer, before placing.
' C. Crushed Stone Base. Crushed stone base material shall be
Class SB-2 in conformance with Section 306 of the Standard
I. Specifications. SB-2 shall be used for bedding and back-
fill as directed by the Engineer.
D. Reinforced Concrete Pipe (RCP) Culvert. All concrete pipe
I. or. storm drains shall be in accordance with ASTM C76,
Class III reinforced concrete pipe with tongue and groove
joints.
E. Corrugated Metal Pipe (CMP) Culverts. All corrugated metal
pipe culverts for storm drains shall be 16 gage galvanized
I.
corrugated steel pipe with 2 2/3 inch x 1/2 inch corrugation
and banded couplings.
F. Concrete. All concrete used in the construction of the various
item s of this project shall be Portland Cement Concrete with
a minimum of S.S bags of cement per cubic yard of concrete,
and shall attain at least 3,000 p.s.i..compressive strength
' at 28 days. Aggregate gradation, mixing, placing and curing
shall be in accordance with Section 802, Class A (AE) of the
Standard Specifications. All concrete shall have a minimum
of 5% * 1% air entrainment.
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G. Concrete Joints: 1/2 inch premolded expansion joints shall
e placed between flat work and all structures such as curb
• inlets and bridge decks and between sidewalk with intergal
• curb and concrete street pavement. Sidewalks shall be con-
structed with transverse contraction joints and 4 feet on
center; concrete street pavement shall be.constructed with
contraction joints spaced longitudinally and transversly
equal to the least dimension of the area to be paved with
a minimum spacing of 4 feet and maximum spacing of 16 feet.
Contraction joints may be premolded, sawed or hand -formed.,
H. Reinforcing Steel. Reinforcing steel shall be in accordance
with Section 804 ofthe Standard Specifications.
I. Guard Rails. 12 inch steel "Deep Beam" type guard rails
shall l comply with the requirements of Section 613 of the
Standard Specifications. ,
J Handrails. Handrails shall be of 2 inch nominal diameter
Schedule 40 steel pipe and may be of all welded construction.
Pipe, fittings, and welds shall be ground smooth, cleaned and
• shop -primed. Detailed drawings of handrails shall be sub-
• mitted to,the Engineer for approval prior to fabrication.
K. Handrail Paint. Handrails and post.shall. be cleaned and
shop -primed with Rust-Oleum 1069 Heavy -Duty Rust -Inhibitive
Red Primer followed with two coats of Heavy -Duty Aluminum
paint. Any field cuts and/or welds shall be coated by brush.
• L. Fence. Any fence to be relocated or replaced shall be of the
• same type, size and material as that existing.'
M. Topsoil. Topsoil shall be of humus loam, free of large stones,
roots, limbs or other objectionable material..
N. Seed. Seed shall be in accordance with Group I of Section
620 of the Standard Specifications.
0. Straw Mulch. Straw mulch shall consist of a good grade,
weed-seedfree, clean straw and shall be approved by the
Engineer prior to use.
P. Fertilizer. Fertilizer shall be commercial grade 10-20-10
applied at the rate df 10 pounds 100 square years.
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DETAIL` TECHNICAL SPECIFICATIONS
City of Fayetteville, Arkansas
• Sidewalk Project No. SW -78-7906-7
1. Site Preparation shall consist of preparing the various areas
•of this project for the construction of new facilities and
• shall include butis not limited to the following specific
terms: -
..Removal of existing topsoil and other unsuitable ma-
terial.
Removal of trees, shrubs, walks, drives, etc.
Adjusting manholes, valves, etc. to planned grade.
Excavating and/or filling natural grade to planned,
subgrade elevation.
Fill material required to raise the existing grade to subgrade
elevation shall be either native material from on -site excava-
tion if suitable or shall be Select Fill in accordance with
the General Technical Specifications.
All subgrade areas to receive concrete surface, either side-
walks or street pavement shall be compacted to 95% Standard
Proctor Density at or near optimum moisture content.
All unsuitable material, trees, shrubs, debris, etc. shall
be removed from the siteanddisposed of by the Contractor.
Payment for Site Preparation will, be made at the lump -sum
price bid per Contract Section. :No extra payment will be.
made for Select Fill.
2. Storm Drain Culverts shall.be of• the size and type shown on
the plans and shall be. laid to true and straight grade as
staked by the Engineer.. All culverts shall.be backfilled
with Select Fill except across driveways and streets, in
which case SB-2 base shall be used for backfill. All back -
fill shall be compacted to 95% Standard Proctor Density.
Payment for culverts will be made at the unit price bid per
foot of culvert installed and shall include all cost of ma-
terial and labor necessary to complete installation. Pay-
ment for SB-2 backfill will be made at the unit price bid
per ton of material required. No separate payment will be
made for Select Fill but shall be included with the unit
.
price paid for culvert installation.
12-1
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3. Curb Inlets, junction boxes, and headwalls shall be of the
size and shape as shown on the plans and shall be constructed
of Portland Cement Concrete with reinforcing as depicted.
All exposed edges shall be chamfered and all exposed surfaces
' shall be rubbed as necessary to produce a neat, clean'finish.
Payment for curb inlets; junction boxes, and headwalls will
be made at unit price bid per item and shall include all ma-
terial, labor, and forms necessary to complete the installation.
No separate payment will be made for the cast iron ring and lid
but shall be included with the cost of the inlet or junction box:
4.Yard Drains are required in certain areas along Washington
.I Avenue and Wood Avenue to provide proper drainage for yards
after construction of the sidewalk. Yard drains shall consist
of an 8 inch 0 pipe stubbed out to the yard; this pipe may be
• concrete, metal, cast iron, PVC, ABS or VCP. At the junction
' of the yard drain pipe and the storm drain culvert, a concrete
collar shall be placed to insure water -tightness and prevent
erosion and silting.
' Payment for Yard Drains will be made at the unit price bid per
Yard Drain installed.
' 5. Concrete RetainingWalls are required along a portion of Duncan
Avenue. These are to be constructed of Reinforced Portland
Cement Concrete, to the height and length as depicted on the
Plans and Details and as directed by the Engineer.
Payment for Concrete Retaining Walls will be made at the unit
' price bid per lineal foot of wall constructed and shall in-'
elude all cost for labor, materials, forms, excavations, and,
backfill necessary to complete construction.
6. Pedestrian Bridges shall be constructed over the existing
drainage course along Huntsville Road and along Rock Street.
• Each bridge shall be constructed of reinforced concrete to the
lines and dimensions shown on Detail Sheet #11. Prior to con-
structing the bridges, the storm drain culverts shall be ex-
tended through the existing wing walls. and 2 feet wide scupper
• drains shall be cut through the exising roadway bridge curbs.
The Rock Street bridge is to be built on top of the existing
stone wing walls which appear to be structurally sound; in
I. the event that during site preparation the stone wing walls
'are found not to be structurally sound, a.change. order will
be negotiated pursuant to the provisions of Section 17 of the
• General Conditions.
' Payment for Pedestrian Bridges will be made at the lump sum
price bid per bridge and shall include all cost of labor,
' ' '
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materials, forms, handrails,. and guard rails necessary to com-
plete construction according to the Plans and Profiles shown.
7. Concrete Curb and Gutter is to be placed as shown around the
radius at the Northeast corner of the Huntsville Road and
Mill Street intersection. This curb and gutter shall be of
the standard size and shape as currently specified by the City
of Fayetteville for street construction. The curb and gutter
shall be placed to the horizontal alignment as staked by the
.Engineer and to a vertical grade to match the existing street
pavement: That area between the new gutter and the existing
• street pavement shall be surfaced with Concrete Street. Pave
ment, that area between the new curb and new sidewalk shall
be backfilled and surfaced with topsoil.
• Payment for Concrete. Curb and Gutter will be made at the
• unit price bid per foot of curb and gutter installed.
8. SB-2 Base material shall be used to backfill culvert instal-
lation across driveways and streets and a minimum of 4 inch
thickness shall be placed under the concrete pavement widening.
SB-2 may be used elsewhere as directed or approved by the
Engineer to insure a more stable subgrade. SB-2 shall be
placed in no greater than 6 inch thick lifts; each lift being
compacted to 95% Standard Proctor Density before placing suc-.,
cessive lifts.
Payment for SB-2 base material will be made at the unit price
bid per ton of SB-2 used. Delivery tickets with tonnage
stated thereon shall be submitted. No payment will be made
for SB-2 used by the Contractor for his own convenience, only
that amount used as directed and/or approved by the Engineer
will be a pay item.
9. A Fence along Mill Street is to be relocated. The existing
• . fence and posts shall be used if possible, if not,
the Contractor shall erect new material of like size and con-
struction. .
Payment for Fence relocation will be made at the unit price
bid per feet of. Fence re -installed and shall include all costs
for removal and replacement.
10. Topsoil shall be placed to a minimum thickness of 4 inches on
all areas of construction not otherwise surfaced, in particular,.
the back slopes and front slopes disturbed by construction of
this contract.' Topsoil, shall be placed, spread, raked and
rolled or tamped to a uniform density and stability. After
placement and compaction, topsoil shall be seeded and fertilized
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with an approved mixture of seed and fertilizer, covered uni-
formly and completely with straw mulch. All such areas shall
be watered and maintained by the Contractor until a good stand
of grass is achieved.
Payment for Topsoil, seeding, fertilizing, mulching and. water
ing will be made at the unit price bid per square yard for the
same and shall include all material and labor necessary to com-
plete an acceptable stand of grass. similar in appearance to
that existing in the yards and lawns along the project.
11. Miscellaneous items of construction:
A) In some areas existing driveways and walks will have to be
removed beyond the normal limits of construction in order.
' to achieve a more uniform grade with the new construction.
In such cases, the existing walks and drives shall be re-
moved at no additional cost and replaced with new construc-
tion. All residential driveways and sidewalks shall be
replaced with 4 inch concrete (Type "B" sidewalk) and com-
mercial driveways shall be replaced with 4 inch SB-2 and
' 5 inch concrete (Concrete Street Pavement). Payment for
replacement will be made at the unit price bid for each
respective item and shall include the cost of removal of
the existing..
' B) It will be the Contractor's responsibility to notify oc-
cupants before closing their driveways for construction.
' Every effort shall be made to inconvenience the occupants
as little as possible.
' C) It will be the Contractor's responsibility to notify the
City,of Fayetteville Water and Sewer Department, Arkansas
Western Gas Company, Southwestern Bell Telephone Company,
Warner Cable Company, Southwestern Electric Power Company,
' and/or Ozarks Electric Cooperative Corporation before
working in anarea so that the various utility owners may
more accurately locate their existing facilities. It will
I. be the Contractor's responsibility to work closely and co-
ordinate with the utility owners where their facilities
are within the areas of construction and where they may
} need to relocate their facilities.
D) The intent and purpose of this project is to construct a
sidewalk with required storm drainage of neat and acceptable
I. appearance where shown on the plans. In some areas the
sidewalk will also serve as a curb for the street; for this
reason the planned grade of the sidewalk is 6 inches above
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the existing street or planned street widening.' In some
instances this may not be possible due to the expense of.
relocating existing utilities, in which case changes will
be made in the planned alighment and grade.
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SET TAB STOPS AF ARROWS
•
Certificate of Insurance
•, •� • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
NAME AND ADDRESS OF AGENCY
Lawton -Byrne -Bruner Insurance Agency COMPANIES AFFORDING COVERAGES
William L. Marshall
10 Broadway LETTER A
TER
Maryland Casualty
St. Louis, Missouri 63102
COMPANY B
LETTER
NAME AND ADDRESS OF INSURED .
COMPANY
Braun Excavating Company LETTER
Route 3, Box 157C COMPANY Seymour, Missouri 65746 LETTER D
COMPANY E LETTER
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time.
- Limits of Liability in Thousands
COMPANY POLICY
TYPE OFINSURANCE POLICYNUMBER EACH
LETTER EXPIRATION DATE AGGREGATE
OCCURRENCE
GENERAL LIABILITY
BODILY INJURY
s 500
f 500
A
[i COMPREHENSIVE FORM
GLO1462167
6/30/81
® PREMISES -OPERATIONS
PROPERTY DAMAGE
$ 250
$ 250
❑ EXPLOSION AND COLLAPSE
HAZARD
UNDERGROUND HAZARD
PRODUCTS/COMPLETED
OPERATIONS HAZARD
BODILY INJURY AND
•CONTRACTUAL
INSURANCE
PROPERTY DAMAGE
$
$
BROAD FORM PROPERTY
COMBINED
'
DAMAGE
INDEPENDENT CONTRACTORS
EIE�X
L,(a PERSONAL INJURY
PERSONAL INJURY
S
AUTOMOBILE LIABILITY
BODILY INJURY
$
(EACH PERSON)
A
(y�
COMPREHENSIVE FORM
NAM11640927
6/30/81
$
BODILY INJURY
FfYI
(EACH ACCIDENT)
OWNED
rL'pj
PROPERTY DAMAGE
$
HIRED
f 50 0
IX'
NON -OWNED
PROPERTY DAMAGE
rnMRINrn
EXCESS LIABILITY
-
A
® UMBRELLA FORM
UB27984503
6/30/81
BODILY INJURY AND
E1, 000
$1,000
PROPERTY DAMAGE
❑ OTHERTHAN UMBRELLA _
COMBINED
FORM
A
WORKERS' COMPENSATION
and
EMPLOYERS LIABILITY
TC120711552
6/30/81
STATUTORY
$ 100
IICHACCIOENTl
OTHER
DESCRIPTION
RE: Fayetteville Sidewalk Project SW -78-7906-7
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail _L0_ days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER:
City of Fayetteville
DATE