HomeMy WebLinkAbout64-80 RESOLUTIONRESOLUTION NO. 6 7'-O D
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A RESOLUTION AUTHORIZING THE MAYOR AND.CITY CLERK
TO EXECUTE A CONTRACT WITH JERRY SWEETSER, INC.
FOR CONSTRUCTION OF SIDEWALKS ALONG ROCK STREET AND
WOOD 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 Jerry Sweetser, Inc.
for construction of sidewalks along Rock Street and Wood Avenue
at a total contractprice of $49,154.50. A copy of the contract
authorized for execution hereby is attached hereto marked
Exhibit "A" and made a part hereof.
PASSED AND APRROVED this // day of
ATTEST:
APPROVED:
1980.
ASSISTANT MAYOR
MICROFILMED
- CEi:"" 1.,A1 C 'E OF
RECORD
State of -Arkansas
City of Fayett:ciNe
SS
1, Bonnie (leering., City Clerk and Ex -Officio
recorder for the City of Fayetteville, do here-
by certify that the annexed or foregoing is
of record in my office and the same ap-
pears In Ordinance & Resolution book
t page-- Witness my
hand an seal this -
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JERRY D. SWEETSER, INC.
CONTRACT SECTIONS II $ III
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
CD -a _, 3
MICROFILMED
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SPECIFICATIONS - BID DOCUMENTS
Sidewalk Construction
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
City of Fayetteville, Arkansas
DHUD Project No. SW -78-7906-7
Plans No. 80-S07
May, 1980
NORTHWEST ENGINEERS, INC.
Civil Engineering Consultants
Fayetteville, Arkansas
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TAB L E OF C O N T E N T S
' Page
Advertisement for Bids (4238-A) 1-1
IInformation for Bidders (4238-B(R) '2-1
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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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HUD 4238-A
(S-66)
U. S. Department of (lousing and Urban Development
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ADVERTISEMENT FOR B1DS
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= Project No. HUD I!SN 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 727.01..
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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. set promptly 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 called to the requirements as
to conditions of employment to be observed and minimum wage rates
to be paid under the contract.
No bidder may withdraw his bid within. 45 days after the actual date
of the opening thereof.
DATE
Richard E. Mason, Director
Community Development Department
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ll. - S. Department. of (lousing and Urban Development.
INFORMATION FOR RIDDIiRS
1. Receipt and Opening of Bids
The City of Fayetteville, Arkansas (herein called the "Owner"),
invites bids on the form attached hereto, all blanks of which
must be appropriately filled in. Bids will be received by the
Owner at the 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 Pid
Fach.bid must be submitted on the prescribed form and accompanied
by Certification by Bidder' Regarding Equal Employment Opportunity,
Form HUD -4238 -CD -1, and Certification by Bidder (Contractor), con-
cerning Labor Standards and Prevailing Nage Requirements, Form
HUD -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.
Each bid must be submitted in a sealed 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 be 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 - -
a Must be acceptable to the Owner after verification by the
HUD Area Office of the current eligibility status, and,
b. Must submit Form HUD -4238 -CD -2, Certification by 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 Is not required to attach such Certifications by proposed
subcontractors to his bid, the bidder is.here advised of this requirement so that
appropriate action canbe taken to prevent subsequent delay in. subcontract awards.
4. Telegraphic Modification
Any bidder may modify his bid by telegraphic communication at any time prior to
the scheduled closing time for receipt of bids, provided such telegraphic commu-
nication is received by the Owner prior to the closing time, and, provided
further, the Owner Is satisfied that a written confirmation of the telegraphic
modification over the signature of the bidder was mailed prior to the closing
time. The telegraphic communication should not reveal the bid price but should
provide the eddltlon or subtraction or other modification so that the final
prices or terms will not be known by the Owner until the sealed bid Is opened.
If written confirmation 1s not received within two days from the closing time,
no consideration will be given to the telegraphic modification.
5. Method of Bidding.
The Owner invites the following bid(s):
Sidewalk Construction
6. Qualifications of Bidder
The Owner ray cake such Investigations as he deems necessary to determine the ability
o f the bidder to perform the work, and the bidder shall furnish to the Owner all such
information and data for this purpose as the Owner may request. The Owner reserves
the right to reject any bid if the evidence submitted by, or investigation of, such
.bidder fails to satisfy the Owner that such bidder is properly qualified to carry out
the obligations of the contract and to complete the work .contemplated therein. Con-
tditional bide ■111 not be accepted.
7. Bid Security
Each bid must be accompanied by cash, certified check of the bidder, or a bid bond,
P repared an 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 hid bonds will be returned to all ex-
cept the three lowest bidders within three days after the opening of bids, and the
remaining cash, checks, or bid bonds will be returned promptly after -the Owner and
the accepted bidder have executed the contract, or, if no award has been made within
30 days after the date of the opening of bids, upon demand of the bidder at any time
thereafter, .so long as he has not been notified of the acceptance of his bid.
8. Liquidated Damages for Failure to Enter into Contract
The successful bidder, upon his failure or refusal to execute and deliver the. 'con-
tract and bonds required within 10 days after he has received notice of the accept-
ance of his bid, shall forfeit to the Owner, as liquidated.damages for such failure
o r refusal, the security deposited with his bid.
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9. Time of Coapletion'and Liquidated !Manes
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 of or interference with the vorc of
any other contractor.
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11. Addenda and Interpretations
No interpretation of the meaning of the plans, specifications or other pre-bid
documents will be made toany bidder orally.
Every request for such interpretation should be in writing addressed to
P. 0. Box 1173
Northwest Engineers, Inc.at Fayetteville, 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-
n ished for such purposes), not later than three days prior to the date fixed
for the opening of bids. Failure of any bidder to receive any such addendum or
interpretation shall not relieve such bidder from any obligation under his bid
as submitted. All addenda so issued shall become part of the contract documents.
12. Security for Faithful Performance
Simultaneously with his delivery of the executed contract, the Contractor shall
furnish a surety bond or bonds as security for faithfulperformance of this
contract and for the payment of all persons performing labor on the project
u nder this contract and furnishing materials in connection with this contract,
as specified in the General Conditionsincludedherein. The surety on such
bond or bonds shall be a duly authorized surety company satisfactory to the
O wner.
13. Power of Attorney
Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond
a certified and effectively dateC copy of their power of attorney.
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14. Notice of Special Conditions
Attention is .particularly called to those par:tkof 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,
munl,ipal ordinances, and the rules an¢regulations of all authorities having
jurisdiction over construction of the project shall apply to the contract
throughout, and they will be deemed to be included in the contract the same as
though herein written out in full.
16. Method of Award - Lowest Qualified Bidder
If at the time this contract is to be awarded, the lowest base bid submitted
by a responsible bidder does not exceed the amount of funds then estimated by
the Owner as available to finance the contract, the contract will be awarded
on the base bid only. If such bid exceeds such amount, the Owner may reject
all bids or may award the contract on the base bid combined with such deducti-
ble alternates applied in numerical order in which they are Hared 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 thesite 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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Supplement t.o Form HUD_h235-D(R)
1NFOIL A'fjON 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 G3neral 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. Exerci5e'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 inured, and shall make
standing arrangements for the i.rnediate removal to a hospital or a doctor's
care of persons (including employees), who may be injured on the job site.
In no case shall employees be permitted to work at a job site before the
employer has made a standing arrangement for removal of injured persons to
a hospital or a doctor's care.
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UNITED STATES FIDELITY: yo GLIARANTY COMPANY
(A Stock Company)
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KNOW ALL MEN BY THESE PRESENTS:
THAT
BID BOND
Jerry D. Sweetser, Inc.
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BOND NUMBER
of Fayetteville, AR
as Principal , and UNITED STATES FIDELITY AND
Community Development
GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto
Block Grant PZQg 'am.,......C_ity et Fayetteville, AR
as Obligee, in the full and just sum of
Five Percent of Bid (5% of bid)
Dollars,
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
• WHEREAS, the said Principal is herewith submitting its proposal for furnishing all labor and
material for the construction of Sidewalk construction, 530 North
College, Fayetteville, AR, DHUD Project'#SW-78-7906-7 in accordance
with plans and specifications prepared by Northwest Engineers,
Fayetteville, AR.
. THE CONDITION OF THIS OBLIGATION is such that it the aforesaid Principal shall be awarded the contract the said Principal will, within the
time required, enter into .a formal contract and give a, good and sufficient bond to secure the performance of the terms and conditions of
the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between
the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work
if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof.
Signed. sealed and delivered
--Secretary /`
June 5, 1980
(Date)
-Jerry D. ,Sweetser
Inc.
(SEAL)
(SEAL)
President
UNITED STATES FIDELITY AND GUARANTY COMPANY
A. P. Eason, Jr
Attornev-in-fact
CERTIFIED COPY
' GENERAL POWER OF ATTORNEY
No 81303
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY. a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
IA.P. Eason, Jr.
' of the City of Fayetteville State of Arkansas
its true and lawful attorney in and for the State of Arkansas
for the following purposes, to wit:
' To sign its name as surety to, and to execute, seal and acknowledge any and all bonds. and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
I FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
A. P. Eason, Jr.
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may Iawiully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
' sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant eecreeary this 17th day a(
May ,A.D.I974
UNITED STATES FIDELITY AND GUARANTY COMPANY.
' (Signed) By. Charles W. Boone
Vice•President.
I (SEAL)•
(Signed) W. G. Hilyard
Assistant Secretary.
STATE OF MARYLAND, 1.
1 BALTIMORE CITY, ss:
On this 17th day of May , A. D. 1974 , before me personally same
' Charles W. Boone . Vice•President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and W. G. Hilyard , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn. said that they resided in the City of Baltimore, Maryland:
i " that they. the said Charles W. Boone • and W. G. Hilyard were respectively
I, the Vice.Presidenand the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY. the cor-
e t
poration described in and which executed the foregoing Power of Attorney: that they each knew the seal of said corporation: that the
t seal affixed to said Power of Attorney was such corporate seal. that it was so fixed by order of the Board of Directors of said corpora.
t tion, and that they signed their names thereto by like order as Vice -President and .kssistant Secretary, respectively, of the Company.
My commission expires the first day in July. A. D. 19...74.
(SEAL) (Signed)
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STATE OF MARYLAND l
BALTIMORE CITY, 1
Sct.
Herbert J. Aull
Notary Public.
I. Robert H. Bouse Clerk of the Superior Court of Baitimore City, which Cant is a
Court of Record. and has a seal, do hereby certify :hat Herbert J. Aull . Esquire. before
whom the annexed affidavits wen made. and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland. in and for the City of Baltunore, auly commissioned and sworn and authorized by law :o administer oaths and take
acknowledgments. or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature-.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, ..he lame being a Court
of Record, this 17th day of May . A. D. 19 74
(SEAL) (Signed) Robert 11. Bouse
C;erk of the Superior Court of Baltimore City.
FS 3 r9 -AT)
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COPY OF RESOLUTION
That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland. and in the Territories of the United States and in the Provinces
of the Dominion of Canada and in the Colony of Newfoundland.
Therefore, be it Resolved, that this Company do, and it hereby does. authorize and empower its President or either of its Vice.
Presidents in conjunction with its Secretary or one of its Assistant Secretaries. under its corporate seal. to appoint any person or persons
as attorney or attorneys -in -fact. or agent or agents of said Company, in its name and as its act. to execute and deliver any and all con-
tracts guaranteeing the fidelity of persons holding positions of public or private trust. guaranteeing the performances of contracts other
than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or
by law allowed, and
Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognisances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders. customs, practice or discretion of any board,
body, organization, office or officer. local, municipal or otherwise, be allowed. required or permitted to be executed, made. taken. given,
tendered, accepted, filed or recorded for the security or protection of. by or for any person or persons. cbrporation, body, office, interest.
municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing
of anything or any conditions which may be provided for in any such bond, recognizance, obligation. Stipulation. or undertaking. or
anything in the nature of either of the same.
1, David M. Engler ' , an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to •
A. P. Eason, Jr.
of Fayetteville, Arkansas. , authorizing and empowering him to sign bonds as therein set
forth, which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore. on the llth day of
July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said
resolution, and the whole thereof as recorded in the minutes of said meeting.
In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY on
(Date) June 5, 1980
dssi ant Secretary.
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11.1. VI PARIAH N1 M HOUSING Atln VII nAN (If VI 1 fll'NI 111
UID FOR UNIT PRICE CONTRACTS
Place I`aycttoy 1Ile, Arkansas
Date
Project No SW -78-7906-7
Proposal of Jerry D. Sweetser, Inc.
(hereinafter
called "Bidder")* a corporation, organized and existing under the laws of the
state of Arkansas
as
Corporation
• a partnership, or an individual doing business
To the Community Development Program
City of Fayetteville
Gentlemen:
(hereinafter called "Owner")
The Bidder, In compliance with your invitation for bids for the construction
of a Contract Section II - Sidewalks t Storm Drainage
along Rock Street.
having examinedthe 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 protect including the availability of materials
and labor, hereby proposes to furnish all labor, materials, and supplies, and to
construct the project in accordance with the contract documents, within the time
set forth therein, and at the prices stated below. These prices are to cover all
e xpenses incurred in performing the work required under the contract documents,of
which this proposal is a part.
Bidder hereby agrees to commence work under this contract on or before a date
to be specified in written "Notice to Proceed" of the Owner and to fully complete
the project within 180 consecutive calendar days thereafter as stipulated in
the specifications. Bidder further agrees to pay as liquidated damages, the sum
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
•HUDd738D(249) R.plec•• CFA•738•D which is ohtolet•
SECTION II
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Ridder agrees to perform all the construction work described in
the specifications and shown on the plans for the following unit
and .lump sum prices. Ridder may not "tic" his hid for. this Con-
. tract Section to any other Contract Section of this project. He
may bid any one or any'combination of Contraction Sections.
:CONTRACT SECTION 11
Item Estimated Unit
No. Item Quantity Price Extended
•1R Site Preparation Lump Sum $ , >00.°f j„ S, $ 2,000.00
Two Thousand /Dollars/L.S.
(Words)
50
2R 13" x 22" CMPA Culvert. 373 L.F. $ 10 /L.F.
Ten Dollars and Fifty Cent; /Dollars/L. F.
(Words)
3R Curb Inlets
Five Hundred Seventy -Five
(Words)
4R Junction Box
Five Hundred
(Words)
2 EA. $
/Dollars/1.A.
00
/EA.
$ 3,916.50
$ I. 150.00
1 IA. $ 500/EA. $ 500.00
/Dollars/EA.
SR Pedestrian Bridge Lump Sum $.)1400_/L.S. $ 1,400.00
Fourteen Hundred
(Words)
/Dollars/L.S.
6R- SB -.2 Base Backfill 50 Tons
$ 1.0.0 'Con
Ten /Dollars/Ton.
7R Type
I Al
(Words)
$
500.00
Concrete Sidewalk 1,540 S.F. $ 1•�/S.F. $ 2,310.00
One Dollar and Fifty Cents /Dollars/S.F.
(Words)
SECTION II
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8R Concrete 'Street Pavement
Fuer lti'•r, n
(Words)
9R Topsoil, Seeding, Fertilizing
.and Watering
Three /Dollars/S.Y.
60 S.Y. .$ I1 R.Y. $ RhO.0O
/Dollars/S.Y.
210 S.Y. $ 00 630.00
(Words)
TOTAL BID, CONTRACT SECTION II: $ 13,
Thirteen Thousand Two Hundred Forty -Six Do].]ars and I11ty'Ueuts
16.50
.(Amounts are to he 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 re-
ject any or all bids and to waive any informalities in the bidding.
The -bidder -agrees that this bid shall he 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 hid,
bidder will execute the formal contract attached within 10 days and
deliver'a Surety Bond of Bonds as required by Paragraph 29 of the
General Conditions. The bid security attached in the sum of
5% of :ETD BOND
($ ) is to become the property of the Owner in the
event the contract and bond are not executed within the time above set
forth, as liquidated damages for the delay and additional expense to
the Owner caused thereby.
Re
if",
i� LI/L
ully Sulalnrit c(
By:
(SEAL - if bid is by a corporation)
resident
0. Rti, 5(n
T.,y(t1? Vi]i(', Ai
i tie)
I: 'i 0:i
1Business Address and Zip Code)
SECTION II
'4-7
1
1
f
1
1
1
•
11.1. (NPAR1Mf NT Ill Ilnt,Sr/lr, AND IIR RAIZ of VI l OI'ul N1
BID FOR UNIT PRICE CONTRACTS
Place Fayetteville, Arkansas
Date 'l'
Project No
Proposal of Jerry D: Sweetser, .Inc.
SW -78-7906-7,
(hereinafter
called "8ldder")• a corporation, organized and existing under the laws of the
State of Arkansas • a partnership. or an individual doing business
as Corporation
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 III - Sidewalks & Storm Drainage
along Wood 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, hereby proposes to furnish all labor, materials, and supplies, and to
construct the project in accordance with the contract documents, within the time
set forth therein, and at the prices stated below. These prices are to cover all
e xpenses incurred in performing the work required under the contract documents,ot
which this proposal is a part.
Bidder hereby agrees to commence work under this contract on or before a date
to be specified in written "Notice to Proceed" of the Owner and to fully complete
the project within 180 consecutive calendar days thereafter as stipulated in
the specifications. Bidder further agrees to pay as liquidated damages, the sum
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 numher(s) or the word ('None" as applicable
•HUD -4238D(249) R•ploc•• CFA -138-D which i, oh,ol•,•
SECTION III
4-8
1
1
1
1
1
1
1
1
1
1
1
1 1
1
11
1
Ridder 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 "tic" his bid for this Contract Section
to any other Contract Section of this project. Mc may bid any one or
any combination of Contract Sections.
CONTRACT SECTION III
Item Estimated Unit
No. Item Quantity Price Extended
1W Site Preparation Lump Sum $ li,292.jL.S. $ h,292.0O
Four Thousand Two Hundred Ninety-`tv'y
(Words)
2W 18" CMP Culvert
Nine Dollars and Twenty-Fiv
Dollars/L. S.
or
1,132 L.P. $ ='/L.F. $10,1,71..00
CenyDollars/L. P.
(Words)
3W Curb Inlets
Five Hundred Seventy -Five
(Words)
4 EA. $ 5i54EA.
/Dollars/EA.
$ 2,300.00
co
4W Type "A" Concrete Sidewalk 4,580 S.P.-$ 1'/S.F. $`,870.00
One Dollar and Fifty Cents /Dollars/S.F.
(Words)
5W Concrete Street Pavement 540 S.Y. $
Fourteen
(Words)
/Dollars/S.Y.
GW SB -2 Base Backfill 230 'Ions $
Ten
(Words)
/Dollars/Ton
00
/S.Y. $ 7.560.00
00
IO./Ton $
2,300.00
00
7W Yard Drains 1 EA. $ 75./EA. $ 75.00
Seventy-Piv/Dollars/EA.
(Words)
SECTION I1I
4-9
i
f
f
8W Topsoil, Seeding, Fertilizing 180 S.Y. S.I./
and Watering
'll,ree
(Words)
/Dollars/S.T.
TOTAL BID, CONTRACT SECTION III: $
08.00
',Hio.00
Thirty Five Thousand Nine Hundred Eight 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 finsihed work of the several kinds called for.
Bidder understands that the Owner reserves the right to re-
.ject any or -all bids and to waive any• informalities in the bidding.
The bidder agrees that. this bid shall he 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 de-
liver a Surety Bond or Bonds as required by Paragraph 29 of the Gen-
eral Conditions. The bid security attached in the sum of
5% of BID BOIJI)
($
• ) is to become the property of the Owner in the
event the contract and bond arc not executed within the time above set
forth, as liquidated damages for the delay and additional expense to
the°°`Ownercaused thereby.
:a.: trir
Iolt
V
P1I"`' dam+,` °
Arkansas-,as�icense No.
ctfully Sib i
President
P. O. ' x 579
Fayetteville, AR 72701
81-263 (Business Address and Zip Code)
(SEAL - if bid is by a corporation)
'SECTION III
4-10
1
1
r'
1
HUD a on.CD-t
U. t. I)II•r.0 I PA( tit (11 11.11 I' l.: !?.•.. r.r v Ll VI; ISI r•! NI
CERTIFICATION OF BIDDER P.FGARPING
EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is required pursuant to Executive 0•der 11246 (30 F. R. 1231925). The implementing
rules and regulations provide that any bidder or proscective contractor, or any of their proposed subcon-
tractors, shall state as an initial part of the bid or negotiations of the contract whether it hos partici-
pated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether
it has filed all compliance reports due under applicable Instructions.
Where the certification indicates that the bidder has not filed o cbrr.pliance report due under applicable
instructions, such bidder shall be required to submit o co:nplionce 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
Jerry D. Sweetser, Inc.
P. 0. Box 579
Payetteville, AR 72701
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity
Clouse. Yes PI No
2. Compliance reports were required to be filed in connection with such cortroct or subcontract.
Yes PC1 No (—I
3. Bidder has filed all compliance reports due under applicable instructions, including SF -100.
yes NI No (fl. None Required ri
4. If answer to item 3 is " No," please explain in detail on reverse side of this certification.
Certification — The information aboveistrue and complete to the best of my knowledge and belief.
Jerre . Sw user, President
IA d' AIJD TLC OI SI C•4 CR (Pi LAst ITPLI
Neer
SIGNATURE
Previous Editions Obsolete
6/5/80
DATE
s-1
GPO 669.966
I.
I
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I
it
1.
i
J i .'.I A.t'1I'('t'1 1)
I IIiI)(;E ' IIIIHI'.All Nfl. (I-ll1k
UEPAP.TMLN1 01 t1OU51t1G Al1O IJPBA11 Df. VEt 0I'MENT
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
NAME OF PRIME CONTRACTOR
INSTRUCTIONS
I I LID. 1236-c 0.2
(7 (.71
R.nOJECT NO.
This certification is required pursuant to Executive Order 112.15 (30 F.R. 1231925). The implementing rules and
regulotions provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall slate as
an initial port of the bid or negotiations of the contract whether it has participated in any previous contract or sub-
contract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under
applicable instructions.
14rhere the certification indicates that the subcontractor has not filed a compliance report due under applicable in-
structions, such subcontractor shall be required to suhmit a compliance report before the owner approves the sub-
contract or permits work to begin under the subcontract.
SUBCONTRACTOR'S CERTIFICATION
Subcontractor's Name:
Address:
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes [IJ No []
2. Compliance reports were required to be filed in connection with such contrnct or svhrontract.
Yes C No [TI
3. Bidder has filed all compliance reports due under applicable instructions, including SF -100.
Yes O No Q None Required 0
4. 11 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 51W4ER (r ease I)pe
TURF
Previous Editions Obsolete
DATE
215789-PHUD-N'arh., D. C.
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f.111'5L10%
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Its (.II L...L.,.n. N,., r,,..st p
Jerry I). Slece'tscr, Inc-
r)oP. 0. Box r-( •....,,•Shi-73_-7J0(1.7 1)1 WI)
.ire el.• r.
Fayetteville, AR _ _ S:idcwalk Construction
I. The undrrsigned, having executed a contract with_C1_t,y 0J;J_ a VSLiitsy tile,' Arkansas
the construction of the above -identified project, neknowledges that:
(a) The I, bor Standards provisions are included in the aforesaid contract;
(b) Correction of any infractions of the after -aid ron•!i;irins, including infrnrlions by not, of his subcontractors and
any lower lien sul,conlrarlors, is hi:: rc:ponsibi!ity;
He crrlili ra that: -------
(a) Neither he nor any firm. p.irteership or a:;socialinn in which he has sups:a at :a! interest is desigra!td as an
ineligible rnni,actor by the Cnmptrollrr Grr,e:al of the Ilni:rd Stags pursear.r to S^Aran 5.6(5) of t!,e Hrrul:!Ions
of the $seta,' of InWr Part 5 ('CC! A', jars S) or pu:euant to Section d(..) of the f)avls-flacon Act, as
amended (40 C.5.C. 2ibu-7(o)).
(b) NO flirt of the aforrrenlioned conlraet has l,.rn or will he when^'rarlyd to nnv sl bcon:rnctc, if such seb.
contractor or any firm, Corporation, parinr¢.hip or n".5rcla lino in •.!rich sech %u!ccr. factor has a ScLsta-lral
Interest is designated as an inclilib!c cen:factor purcuard to any of the ale: crn,alicned rcgolatery or statu!o:y
provisions.
3. fie ap; ces to oblain and forward to the afnr. -en:inn i If ciplent wl:hin Irr. days a(IeI Ihr rxecut ion o(anv scSr-.fact,
including those clecutrd by his sut,con:r;c'ors :Ind any In.er lie: suh: r-, tractors, a Suhrcntraetot's Cerl!(tra: non
Concerning Lnhoc Standards and Prvt; ibng wage Prr.:ce:-rats rxect lyd by the subcentrat!OI s.
•. ne CerLbe I that:
(o) the Icgol r., -.e and the 6usine-ts odd•n1 alike undr•,.g,,e! ore: ----
Jerry D. Sweetser, Inc.
P. 0. Box 579
Fayetteville, AR 72701
(6) the s_ndersinned is
Ill A SINGLE rnornreion5ure 1J! ♦ ContOnaioN Onca4'7E0 In THE Sr n IE Or
_ Arkansas
❑1 A PARflLRSHrp 10 OlNlrr Onnuyj jpVN(llet,ufri
(c) The none,
Bile aid add.e t of the o -or,
ror!ne:s or oil
Tess el the u:.d<•sicned
c•e:
NAME
TITLE
AOonn25
Jerry D.
Sweetser
President
Fayetteville,
AR
Paul E.
Tunstill
Vice
-President
Fayetteville,
AR
Sharon
Sweetser
Sec.
-Treasurer
Fayetteville,
AR
II!L)_1ea i� -'Si
S-3
(d , r
.., rnl a l..rla
Lr ell ..rl.r. ...1
.I•. '..al 1I. I
n..11 r...
.., .....,n .r.l ,laa.... ....r 11 ... r:..
end ll.r
r•nllur ,Ida ...L.r
11 or
..,. .1
r/r• ..
.r r.,
NAM,
a1.1 err It 1..Ii,,,$ 'I err 111.1 aI
(a) The etc*es, eddressu end tide al„sd•<ooe•s of all o k, ba•Id.rg •ons:rurlron Gr+Irct•at In _hair ILI ,.1.._.I..,r! e,
a sad Uon Gel Inrnest me !I n•n• rn rtnt%1:
uauC ♦DC'1C15 1nACr C L a:51t IC•:I L••I —
ry D. Sweetser, Inc.
6/5/80
Date
N'A NING '
r a,
V.6 Criminal Code. $ealion 1010, Title ifl, U.S.C.. provide, in peel: 'aLnr•rr. .... mbrv.. coos. v. utters v;uhl:al•a u♦ _
Gbtemenl, knowing the some to Le Mae ..... shall be lined not morn then 15.000 or ie^n•.onr(I no: more Uun IQ rears, m b,•t h. •� 1 ♦
C_,. f,%'''.
,a' ly. ra �
JVa
•
_
GPO Iebya
5-41
tli.l'IIDIYnl I'1 u•l"m.eu'. 1'bP(y
Pl'.I I,J'ur 41
(O4ulllltl PI vit or P1"I P..I of
l Gn
A ul 101,1,V Au
SU It( nil III 1.C I(1q ; 1 11:1111(
/.1 if Itl
(fl!1(I
(I HIII C, I_A fit IR SI!. I IU!•I:1) till) I'F'I.
VAll
1!4 w.(.I CI I)UI R I!'I ?ITS
lOtl p*.•1•^nlr A.r ip.rnll•
1`•II
c/o
rnUJFCT uAu(-----
1. The undelsipnrd, having executed a contract with _
�innvur ro` m uu 6renvurm)—
Jor
1. -•�mn of 1. o:x)
_..._ _. _in the amount oft____
in the
conCt(uctirm
of the ahnvr-Idrntlfied project. rr':1ifirs that:
(a)
The Labor
Standards Provisions of The Contra rl For Conil runt ion ate included in
the of res aid contract.
(b)
Neither he
nor any film, corporation, parinen.htp or association which he has a
uabstantial interest is
desippalcd
•in
as an invligibir cnntnelor by the Cor'plrollrr General of Ihr Idnitrd Stilts
pursuant loSeclion 5.6(b)
of the Regulations of the Secretary of Lnhol. Part S (19 L) R, Port 5), or pursuant
to Section )(a) of the Ilav,s-
Bacon Act,
as amended (0 V.S.C. 276a -7(a)). -
(e) No part of the aforementioned contract has been or will be sut'ron!cclyd In any scicen!lActor if such
subrontraclor or any firm, corporation, partnership o: a•..,;odatien in which such suh:oclractor has a
substantial interest is designated as an ineligible cnntr:,ctor por.uaat to the aforesaid regulatory or
statutory ptovislons.
2. He agrees to obtain and Inward to the coalractor. for transmittal to the rrcipicnt, within !en days n!let the r+rcution
of any lnu'ee subronll act, a Subronitac lows Cert ifira!ion Cent rininp, Labor S!anda rc and fllr.a i lln g IVA ge Require.
menu, executed by the loxer tier sulconlractoq in duplicate.
(a) The workmen will report for duly on or about___ ..
r „a tcr-------
3. He trollies tict .-- .--____--__
(a) The legal ncme end lLe busier,, oddrel, of the undt'sighed ere
(b) the urdersicned ii:
III A SINGLE rnounlclorlsnly: 131 AconrowaT'o.a OnGA.; 17toni 1 n( STAl( Or
A r A n
(ti 07H rnfln o A u'I AT Iou (fese',be)
(t)
The
none, lilt and
odd re is
o11 he owtrr,
parfntrs or
ollice:s
of
lie
undere.g+ed ore:
I—_—_
TITLC
._
I
''U (A -lit
S -S
It) the lr:nes, odd tsars and bade datsill,ollans of all o'sv bu,ld,nq :c+l!'uc!ion ccr!'oclms in .!'c F. IFe unde,%,g I! sas
a su..sIc, of inlere s! ore Hl Aunt, .o +tar):
MAW( 1 ♦r, grss I C♦na CE -LA5 i'frc*,1n
(Si d r On OO CIO,)
(Si
!Typed \'o -,r a<d TuRI
WARNING
U.S. Giminal Code,
statement, knorvin[
Section 1010.
the lime to i c
Till, IS, U.S.C...
hlse .....
ovi a in a "as
r s us rt: n -.!t.....
shall be Vn,d not r..me then S ,OC or
rt6e•.
in; n.nn
n+.,s, uns, e
not -ore tbn.tao
Cu`.In M1,s
seas,
ate
or
CIO .ii....
Ord I I(f1C
i
I
f
f
INI
a
C
I
Tills A(;nvI;\Il:f\' I', made lhi, .c / .,lay' of
�ctwcen Cit.Y of ha yetli'vIIIe, Arknn::a::
I±±LiJi±LL 1Y1I _-- -----_---------- • In it in ralb:d ••Owort •, aeling
(Corporate Name of Owner)
MAYORherein through its and
(Title of Authorized Official)
Jerry D. Sweetser, Inc.
STRIKEOUT (a corporation) (<g.n1Q,dxpl — --
IVAI'I'I.ICA}iLE; ?---corl�oT_ation
TERMS
of Fayetteville Count) of lVashington _ and Stateof_Arkansas
hereinafter called "Contractor."
Pl1 NESSF.TII: That for and in consideration of thr Ilaernrnls and a_•n em''nls hrrrinaftrr rm ,]knurl. to ht
made and performed by the (1\\'\l;R, the COIYTRACTOI( hrrrhv agrcvs with the On \I:II Io runnut-nr, and t t.onpl, Ti
the construction described as follows:
Sidctcalk a nil Storm. Ilrainatic Cuiist1u 'rtioil
hereinafter called the project, for Ihr suns of—_-- __42I1_54 . S9---.._.--_-------- (Iollars
(g _) and all extra work in ronnretinn therewith, under IIi" terms as Hated in Ilie General and ` 1—b1 (:oi,.
ditions of the Contract: and at his (its or their) own proper rust and expense to (nrnish all Iii, material-. ,npplit.
machinery, cquipmrnt, tools. supvrintrndcnce, labor, insuran rc, awl miler acrrssurics and s. ruins fit, c, nrx I" ......I
plete the said project ill accordanrc with the ronditinnc and priers slatrd in Iht- Proposal. Iii t- (:,-neral (.owhtiuu >ull
plcmcntal Central Conditions and Special Conditions of the &i,ilrart, the plans, which inrlurlr all map-. plats. hln•-
prints, and other drawings and printed or written expinnalory mallet thereof, the =pre ifiratiuns and contract Ii t mu. nls
therefor as prepared by NOrL�1N(`tit �111'�'.InC_CItiuIni____-_ herein entitledl6r \ri-hihrt ln_in r,
and as enumerated in paragraph I of the Supplemental Gcncral Conditions, all of which art made a part hrrcof end rui-
leetively evidence and constitute the contract.
The Contractor hrrvbv agrees to commence work trader this contract (CI or h, -fort a date to Ii -pee ifird in a
written "Notice to Proceed" of the Owner and to fully complete 11 e project within l R(I con>eruliv. calendar der-
thereafter. The Contractor further agrees to par, as liquidated damngr., the srnn of �1 _0 ll for rat It roll so Cu.
five calendar day thereafter as hereinafter provided in Paragraph 19 of the General Cunditions.
The Oill\'fat agrees to pay the CO\11(ACT(1R in rurn•nt funds for the• prrfurm:mrr of Ihr runlracl, rtd'j••cl In
additions and rleflm tions, as Irovidrd in tilt, Central Cunditions of tilt-. Cnnlr:et. and to make I'avrncnls on account
•
thereof as prorided in Paragraph °i, "I'aytnents to Contractor,'' of the General Conditions.
(Over)
6- I
TI
IN 11I lNI." t11II.11l 111 , 1111' ;:ill111 Iii,, IIII •'iii. ll.l\I I ♦II ,,ill till InI1l1:I1I 111,11 f(,) 111111111111:IIImu,
of K I,,,}, 'hull 1,1' 11„1 tIIV II pn 1,I II'Irl al, 111 IIII' E'1':Ir and d.l\ for I :ph r IIII III In I I, II.
( Witness)
By
• l:.iIY of 1::ncl'ielti I Ic, Ark:rns;r.
o,, 'it')
— — MAYOR — -- — — .
(ittle)
Uerry 1). Swee
roc.
PRESIDENT
r rum
P.O. Box 579
Fayetteville, AR 72701
f AC,!'.ss and Zip Cndcf
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
HUD.4778-F 1G-GG)
1 .-
Gpo !643Q
C
I
ARKANSAS STATUTORY I'IiRFORPlANCI: AND PAYMENT BOND
We, as Principal,
hereinafter called Principal or Contractor, and
, hereinafter called Surety, and held an
firmly bound unto the City of Fayetteville, Fayetteville, Arkansas,
as Obligee, hereinafter called Owner, in the amount of
Dollars ($ ), for the payment
whereof Principal and Surety bind themselves, their heirs, personal
representatives, successors and -assigns, jointly and severally.,
firmly by these presents.
' Principal has by written agreement dated
entered into a contract with the Owner for
,which contract is by •reference made a part here-
of, and is hereinafter referred to as the Contract.
The condition of thisobligation is such that if the Principal shall
' faithfully perform. the Contract on his part and shall fully indem-
nify and save harmless the Owner from all cost and damage which he
may suffer by reason of failure to do so and shall fully reimburse
and making good any such default, and, further, that if the Princi-
pal shall pay all persons all indebtedness for labor or materials
furnished or performed under said contract failing which such per-
sons shall have a direct right of action against the Principal and
Surety jointly and severally under this obligation, subject to the
Owner's priority, then this obligation shall be null and void; other-
wise it shall remain in full. force and effect.
No suit, action or proceedings shall be brought on this bond out-
side the State of Arkansas. No suit, action or proceeding shall
' be brought on this bond except by the Owner after six months from
the date final payment is made on the Contract, nor shall any suit,
action or proceeding be brought by the Owner after two years from.
the date on which the final payment under the Contract falls due.
All alterationswhich may be made in the terms of the Contract, or
in the work to be done under it, or the giving by the Owner of any
extension of time for the performance of the Contract shall not in
any way release the Principal and the Surety or Sureties, or either
or any of them, their heirs, personal representatives, successors.
or assigns from their liability hereunder, notice to the Surety or
Sureties of any such alteration, or extension being hereby waived.
In no event shall the aggregate liability of the Surety exceed
the sum set out herein.
This bond is executed pursuant to the terms of Act 209 of 1957 of
the Arkansas Legislature.
7-1
' Executed on this day of
19
1H T
I
PRINCIPAL
I
SURETY
•
1
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1
1 -
1
1
I.
1 ,
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' H.
7-2
7
HUD.I]]EJ
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U.S. Department of Housing and Urhon Development
CERTIFICATE OF OWNER'S ATTORNEY
I. the undersigned, 97n C C'1 !sC the
.duly authorized and acting legal epresentative of
Ct
hereby certify as
follows:
I have examined the attached contract(s) and surety bonds and the manner
of execution thereof, and I am of the opinion that each of the aforesaid
agreements has been duly executed by the proper parties thereto acting
through their duly authorized representatives; that said representatives
have full power and authority to execute said agreements on behalf of the
respective parties named thereon; and that the foregoing agreements consti-
tute valid and legally binding obligations upon the. parties executing the
same in accordance with terms, conditions and provisions thereof.
Date: 7 -
HUD -Wash., D. C.
ll t PI P,L l&I N1 (11 NIIIRINI. •NP 11Y111P I'1 v11
� U1,L4lnit.y 1klvolopm'int HIoc1:
Grant, Proitram
I. GENERAL CONDITIONS
I. 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
I. Federal laws and regulations.
The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph rof the
Supplemental General Conditions shall form part of this Contract and the provisions thereof
' shall be as binding upon the parties hereto as if they were herein fully set forth. The table
of contents, titles, headings, running headlines and marginal notes contained herein and in
said documents are solely to facilitate reference to various provisions of the Contract
Documents and in no way affect, limit or cast light on the interpretation of the provisions
' to which they refer.
Contents*
1. Contract and Contract Documents 36. Stated Allowances
2. Definitions 37. Use of Premises and Removal of Debris
' 3. Additional Instructions and Detail 38. Quantities of Estimate
Drawings 39.• Lands and Rights -of- Way
4. Shop or Setting Drawings 40. General Guaranty
5. Materials, Services, and Facilities - 41. Conflicting Conditions
I. 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.'* Acceptance
Emergency 50, Photographs
14. Inspection 5l. Suspension of Work
15. Reports, Records and Data 52. Minimum Wages
16. Superintendence by Contractor 53. Underpayments of Wailes
II?. Changes in Work 5U. Anticipated Fringe Penefits
18. Extras 55. Overtime Compensation
19. Time for Completion. and Liquidated 56. Apprentices
Damages . . 57. Employment Prohibited
20. Correction of Work 58. Compliance with Anti -Kickback Act
I21. Subsurface Conditions Found Different 59. Classifications ?lot Listed
22. Claims for Extra Cost 60. Fringe Benefits Not Expressed
23. Right of Owner to Terminate Contract 61. Posting Wage Rates - -
'24. Construction Schedule and Periodic 62. Complaints, Proceedings or Test -
Estimates . imony
25. Payments to Contractor 63. Claims and Disputes
26. Acceptance of Final Payment as Release 61t. Questions Concerning Regulations
'27. Payments by Contractor 65. Payrolls and Records
28. Insurance . 66. Specific Coverage
• 29. Contract Security 67. Ineligible Subcontractors
30. Additional or Substitute Bond 68. Provisions to be Included 31. Assignments 69. Breach of Labor Standards
32. Mutual Responsibility of Contractors 70. Employment Practices
33. Separate Contracts 71. Contract Termination; Debarment
' 34. Subcontracting
35, Architect/Engineer's Authority
HUD-4236S(R) P,eeiou, edition ;. eb.elere 4* Attachment to Federal Labor Standards Provisions
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2, Definitions
The following terms as used in this contract arc respectively defined as follows:
(a) "Contractor": A person,' firm or corporation with whom the contract is made by the
t Owner,
(b) "Subcontractor": A person, firm or corporation supplying labor and materials or only
labor for work at the site of the project for, and under separate contract or agreement
with, the Contractor,
(c) "Work on (at) the project": Work to be performed at the location of the project, includ-
ing the transportation of materials and supplies to or from the location of the project
by employees of the Contractor and any Subcontractor.
3. Additional Instructions and Detail Drawings
The Contractor will be furnished additional instructions and detail drawings as necessary
to carry out the work included, in the contract. The additional drawings and instructions
thus supplied to the Contractor will coordinate -with the Contract Documents and will be so
prepared that they can be reasonably interpreted as part thereof. The Contractor shall•
carry out the work in accordance with the additional detail drawings and instructions. The
Contractor and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates
at which special detail drawings will be required, such drawings, if any, to be furnished
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.
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4, Shop or Setting Drawings
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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.
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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-420BS (9-701
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7. Inspection and Testing of Materials
(a) All materials and equipment used in the construction of the project shill be subj.,ct to
•adequate inspection and testing in accordance with :iccepl•'d standards. The laboratory
or. inspection agency ;:hall be srlecieti by the HIOwnr•r. 'I'L, O"-urr will pay for all 1. bo_
story inspection servrceidi reek.;rod not as :r Bart of the contract..
(Si 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
I. Architect/Engineer's written approval.
9. Patents
I(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
I. 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
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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
is onnection with work agreed to be performed under this contract, and shall indemnify
the Owner for any cost; expense or damage which it may be obliged to pay by reason
' of such infringement at any time during the prosecution of the work or after completion
of the work,
10. Surveys, Permits, and Regulations
' Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the
Contractor all surveys necessary for the execution of the work.
' The Contractor, shall procure and pay all permits, licenses and approvals necessary for
the execution df.his contract,
The Contractor shall comply with all laws, ordinances, rules, orders, and regulations re-
lating to performance of the work, the protection of adjacent property, and the maintenance
• of passageways, guard fences or other protective facilities.
11, Contractor's Obligations
The Contractor shall and will, in good workmanlike manner, do and perform all work and
furnish all supplies and materials, machinery, equipment, facilities and means, except as
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' herein otherwise expr,-ssly specified, nrcr.ssa ry or proper to pr rforr4i and rnmplr•tr• all th,,
work required by this contract, within the time herein sprcifird. in iccordanri- with lie•
provisions of this contract and said spo•cific ations and in accordance with (hr• plans and
' drawings covered by this contract any and all sulgilemrut al plans and drawings, and in
accordance with the directions of the Arr.hile cl/F_np,uv:c ras•( iyr,n from time to lime doing
the progress of the work. He >:h:ill,furnish, creel, rn:untdiui, and romuve such construction
plant and such temporary works as.- may he required.
The Contractor shall observe, comply with, and he subject to all terms, ronditions, rrqui re-
ments, and limitations of the contract and specifications, and shall do, carry on, and com-
plete the entire work to the satisfaction of the Architect/Engineer and the Owner.
12, Weather Conditions
• In the event of temporary suspension of work, or during inclement weather, or whenever the
Architect/Engineer shall direct, the Contractor will, and will cause his subcontractors to
protect carefully his and their work and materials against damage or injury from the
weather, If; in the opinion of the Architect/Engineer, any work or materials shall have
I. 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 locs in
connection with this contract. He shall at all times safely guard and protect his own work,
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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-
tractor 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 of any emergency
action shall be determined in the manner provided in Paragraph 17 of the General Condi-
tions.
14, Inspection
The authorized representatives and agents of the Department of Housing and Urban De .fr-i-
' - 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 Own1,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 understood that such
representative shall be acceptable to the Architect/Engineer, and shall he one who can he
• continued in that capacity for the particular job involved unless he :.:ores to be on the.
Contractor's payroll.
HUD -42385 (9-70)
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. 17. Changes in Work
'No changes in the work covered by the approved Contract Dor.umrnts !:hall be made with-
out having prior.writtcn approval. of the Owner. Charges or credits for the work covered
by the approved change- shall be determined by one or more, or a combination of the fol-
lowing methods: „ =;k.r,
(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 th'e time of
use on the extra work;
I. 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 b.e compensation to
' cover the cost of supervision, overhead, bond, profit and any -other general' expenses.
I. 18. Extras
Without invalidating the contract, the Owner may order extra work or make changes by
altering, adding to or deducting from the work, the contract sum being adjusted accordingly,
' and the consent of the Surety being first obtained where necessary or desirable. All the
work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no
claims for any extra work or materials shall be allowed unless the work is ordered in
writing by the Owner or its Architect/Engineer, acting officially for the Owner,, and the
' price is stated in such order.
19. Time for Completion and Liquidated Damages
' It is hereby understood.and mutually agreed, by and between the Contractor and the Owner,
that the date of beginning and the time for completion as specified.in the contract of the
work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further
' mutually understood and agreed that the work embraced in this contract shall be commenced
on a date to be specified in the "Notice to Proceed."
The Contractor agrees that said work shall be prosecuted regularly, diligently, and un-
' interruptedly at such rate of progress as will insure full completion thereof within the
time specified. It is expressly understood and agreed, by and between the Contractor and
the Owner, that the time for the completion of the work described herein is a reasonable
time for the completion of the same, taking into consideration the average climatic range
$ . and usual industrial conditions prevailing in this locality.
If the said Contractor shall neglect, fail or refuse to complete the work within the time
herein specified, or any proper extension thereof granted by the Owner, then the Contractor
' .does hereby agree, as a part consideration for the awarding of this contract, to pay to the
Owner the amount specified in the contract, not as a penalty but as liquidated damages for
such breach of contract as hereinafter set forth, for each and every calendar day that the
Contractor shall be in default after the time stipulated in the contract for completing the
'• work.
The said amount is, fixed and agreed upon by and between the Contractor and the Owner
because of the impracticability and extreme difficulty of fixing and ascertaining the actual
' damages the Owner would in such event sustain, and said amount is agreed to be the amount
of damages which the Owner would sustain and said amount shall be retained from time
to time by the Owner from current periodical estimates.
' It is further agreed that time is of the essence of each and every portion of this contract
and of the specifications wherein p 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-4238S(R)
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allowed for
the completion of any work, the new time limit fixed by such
extension shall
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be of the
with liquidated
essence of this contract. Provider!, that
damages or any excess cost whenthe Owner
the Contractor shall
determines that
not be charged
the Contractor
is without
the Owner;
fault and the Contractor's reasons for,
Provided, further,''that the. Contractor
the time extension are
shall not be charged
acceptable to
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 fromthebeginning 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 pork, all materials, whether incorporated in the work or not, all processes of manu.
facture, and all n ethods 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 mancfacture, and methods of construction
for the purposes for which they are used. Should they fail to meet his approval they shall
be forthwith reconstructed, made good, replaced and/or corrected, as the case may be,
by the Contractor at his own expense. Rejected material shall immediately be removed
from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace
I. _ 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
I. that theymate rially differ from those shown on the 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
Ithe . manner provided in Paragraph 17 of the General Conditions.
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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 .
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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
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such intention to terminate the contract, and unless within ten (10) days after the serving
of such notice upon the Contractor, such violation or delay shall cease and satisfactory
arrangement of correction be made, the contract shall, upon the expiration of said ten (10)
days, cease and tc rrni,.. ir.. In the event of any such termination, the Owner shall imme-
diately serve notice ti,of.upon the Surety and -the Contractor and the Surety shall have
the right to take over ar.,l 'gib dorm the coot ract:Provided, however, that if the Surety does
not commence perforrance thereof within ten (10) days from the date of the mailing to
such Surety of notice c -f 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.
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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
sill be used only for determining the basis of partial payments and will not be considered
as fixing -a basis for additions •to or deductions from the contract price.
25. Payments to Contractor
(a) Not later than the 15th day of each calendar month the Owner shall make a progress
payment to the Contractor on the basis of a duly certified and approved estimate of
the work performed during the preceding calendar month under this contract, but to
insure. the proper performance of this contract, the Owner shall retain ten percent (10 ,)
of the amount of each estimate until final completion and acceptance of all work
covered by this contract: Provided, that the Contractor shall submit his estimate
not later than the first day of the month; Provided, further, that the Owner at any time
after fifty percent (50%) of the work has been completed, if it finds that satisfactory
progress is being made, may make any of the remaining progress payments in full;
Provided, further, that on completion and acceptance of each separate building, public
work, or other division of the contract, on which the price is stated separately in the
contract, payment may be made in full, including retained percentages thereon, less
authorized deductions. '
(b) In preparing estimates the material delivered on the site and preparatory work done
may be taken into consideration.
(c) All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, but this provision shall not be construed as relieving the
Contractor from the sole responsibility for the care and protection of materials and
work upon which payments have been made or the restoration of any damaged work, or
as a waiver of the right of, the Owner to require the fulfillment of all of the terms of
the contract.
(d) Owner's Right to Withhold Certain Amounts and Make Application Thereof: The Con-
tractor agrees that he will indemnify and save the Owner harmless from all claims
growing out of the lawful demands of subcontractors, laborers, workmen, mechanics,
materialmen, and furnishers of machinery and parts thereof, equipment, power tools,
• and all supplies, including commissary, incurred in the furtherance of the performance
of this contract. The Contractor shall, at the Owner's request, furnish satisfactory
evidence that all obligations of the nature hereinabove designated have been paid, dis-
charged, or waived. If the Contractor fails so to do, then the Owner may, after having
served written notice on the said Contractor, either pay unpaid bills, of which the Owner
has written notice, direct, or withhold from the Contractor's unpaid compensation a
sum of money deemed reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been fully discharged where-
upon payment to the Contractor shall be resumed, in accordance with the terms of this
HUD-4rl85(R)
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contract, but in no event ,hall the provisions of this srnlrncr• he cnnslr,red to impose
- any obligations upon the Owner to either the Contractor or his CUTd y. In paying any
'unpaid bills of the Contractor, the Owner :;hall be, clr.r,,i, d the atit of the • Conlr:ictor,
• and any payment so made by the Owner shall be cnn,,idrrr•d as a p.'}'n',e.nI made tinder
• the contract by the Owner to:.thr Contractor and.the Owner sh:,ll nit he liable to the
Contractor for any such payments made in good faith.
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26: Acceptance of Final Payment Constitutes Release
' The acceptance by the Contractor of final payment shall be and shall operate as a release
"to.the Owner of all claims and all liability to the Contractor for all things done or furnished
- in connection with this work and for every act and neglect of the Owner and others relating
to or arising out of this work. No payment, however, final or otherwise, shall operate to
' release the Contractor or his sureties from any obligations under this contract or the
Performance and Payment Bond,
27. Payments by Contractor
' The Contractor shall pay (a) for all transportation and utility services not later than the
20th day of the calendar month following, that in which services are rendered, (b) fir all
materials, tools, and other expendable equipment to the extent of ninety percent (90°[.) :'1
I. the cost thereof, not later than the 20th day of the calendar month following that ir. wd.: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 that part of the
work in or on which such materials, tools, and equipment are incorporated or used, and
(c) to each of his subcontractors, not later than the 5th day following each payment to thn
Contractor, the respective amounts allowed the Contractor on account of the work per-
. formed by his subcontractors to the extent of each subcontractor's interest therein.
' 28, Insurance
The Contractor shall not commence work under this contract until, he has obtained all the
insurance required. under this paragraph and such insurance has been approved by t'ne
Owner, nor shall the Contractor allow any subcontractor to commence work on his sub -
El contract until the insurance required of the subcontractor has been so obtained and approved.
II
(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
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t 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 an
covered by the protection afforded by the Contractor's Workmen's Compensation Insur-
ance, In case any class of employees engaged in hazardous work on the project under
this contract is not protected under the Workmen's Compensation Statute, the Contractor
' shall provide and shall cause each subcontractor to provide adequate employer's liability
insurance for the protection of such of hisemployeesas are not otherwise protected.
(b) Contractor's Public Liability and Property Damage Insurance and Vehicle_ I.iabilitty
' Insurance: The Contractor shall procure and shall maintain during the life of this con-
tract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance
and Vehicle Liability Insurance in the amounts specified in the Supplemental General
Conditions.
' (c) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability
Insurance: The Contractor shall either (I) require each of his s,ibr ontrarto rs to pro-
cure and to maintain during the life of his subcontract. Subcontractor's I'nblir Liability
and Property Damage Insurance and Vehicle Liability Insurance of :fn- type „iirl :n th-
' 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.
(d) Scope of Insurance and Special Hazards:- The insurance required uncler subparagraphs
(b) and (c) hereof shall provide adequate protection for the Contractor :,nd his subcon-
tractors, respectively, against damage claims which m.i;. arise from ope: rations under
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this contract, whether such operations be by the insured or by anyone directly or in-
directly employed by him and, also against any of -the special hai.a rds which may be
encountered in the pe rfortnance of this contract as enumerated in the Supplemental
General Conditions.
(e) Builder's Risk Insurance (Fire and Extended Coverage): Until the project is completed
and accepted by the Owner, the Owner, or Contractor (at the Owner's option as indicated
in the Supplemental Gerne'ra1 Conditionsl Form_HUD-4238-N) is required to maintain
Builder's Risk Insurance (fire and extended coverage) ona 100 percent completed value
basis on the insurable portion of the project for the benefit of the Owner, the Contractor,
subcontractors as their interests may appear. The Contractor shall not include any
costs for Builder's Risk Insurance (fire and extended coverage) premiums during con-
struction unless the Contractor is required to provide- such insurance; however, this
provision shall not release the Contractor from his obligation to complete, according
to plans and specifications, the project covered by the contract, and the Contractor and
his Surety shall be obligated to full performance of the Contractor's undertaking.
(f) Proof of Carriage of Insurance: ' The Contractor shall furnish the Owner with certificates
showing the type, amount, class of operations covered, effective dates and date of ex-
piration of policies. Such certificates shall also contain substantially the following state-
ment: "The insurance covered by this certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the Owner."
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 (I 00r,) 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
surety or sureties, then upon the Performance or Payment Bonds, the Contracto:---:-5: --
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 pn such bond shall be paid by the Contractor. No
further payments shall be deemed due nor shall be made until the new surety or sureties
shall have furnished such an acceptable bond to the Owner.
31. Assignments
' The Contractor shall not assign the whole or any part of this contract or any moneys due
or to become due hereunder without written consent of the Owner. In case the Contractor
assigns all or any part of any moneys due or to become due under this contract, the in-
strument of assignment shall contain a clause substantially to the effect that it is agreed
' that the right of the assignee in and to any moneys due or to become due to the Contractor
shall be subject to prior claims of all persons, firms and corporations of services rendered
or materials supplied for the performance of the work called for in this contract.
' 32. Mutual Responsibility of Contractors
If, through acts of neglect on the part of the Contractor, any other Contractor or any sub-
' contractor shall suffer loss or damage on the work, the Contractor agrees to settle with
such other Contractor or subcontractor by agreement or arbitration if such other Con-
tractor or subcontractors will so settle. If such other Contractor or subcontractor shall
assert any claim against the Owner on account of any damage alleged to have been sus -
t tamed, the Owner shall notify the Contractor, who shall indemnify and save harmless the
Owner against any such claim.
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33. Separate Contract
' The Cotitrac Inr shall ronrdi nate hi^ o p[ -r atio nn with these of other Cnlitrar tars, Coo q v-rat:on
will be required in the arrangrnnent for thclstor;rgv of m:rt(ri;'ls and in the detailed exr'en-
tion of the work. The Contractor, including his subcontractors, slia1I K.,1' inforrnc I of the
' d
progress and the detail work of other Contractors and shallrnotify the Architect/Engineer
immediately of lack of progress orefectiveworkmanship:on the,part of other Contractors.
Failure of a contractor to keep informed of the work progressing on the site and failure
to give notice of lack of progress or defective workmanship by others shall be construed
' - as acceptance by him of the status of the work as being satisfactory for proper coordination
with his own work.
34. Subcontracting
(a) The Contractor may utilize the services of specialty subcontractors or. those parts of
the work which, under normal contracting practices, are performed by specialty sub-
contractors.
' (b) The Contractor shall not award any work to any subcontractor without prior written
approval of the Owner, which approval will not be given until the Contractor submits
to the Owner a written statement concerning the proposed award to the subcontractor,
which statement shall contain such information as the Owner may require.
' (c) The Contractor shall be as fully responsible to the Owner for the acts and omissions
of his subcontractors, and of persons either directly or indirectly employed by them,
as he is for the acts and omissions of persons directly employed by him.
(d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts
't . relative to the work.tobind subcontractors to the Contractor by the terms of the General
Conditions and other contract documents insofar as applicable to the work of subcon-
tractors and to give the Contractor the same power as regards: terminating any sub-
contract that the Owner may exercise over the Contractor under any provision of the
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. contract documents.
(e) Nothing contained in this contract shall create any contractual relation between any
subcontractor and the Owner.
35. Architect/Engineer's Authority
The Architect/Engineer shall give all orders and directions contemplated under this con-
:, c& ....,i 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-
t tor under this contract and other Contractors performing work for the Owner shall be
adjusted and determined by the Architect/Engineer.
36, stated Allowances
The Contractor shall include in his proposal the cash allowances stated in the Supplemental
General Conditions. The Contractor shall purchase the "Allowed Materials" as directed by
' the Owner on the basis of the lowest and best bid of at least three competitive bids. If the
actual price for purchasing the "Allowed Materials" is more or less than the ''Cash Allow-
ance, the contract price shall be adjusted accordingly. The adjustment in contract price
shall be made on the basis of the purchase price without additional charges for overhead,
' profit, insurance or any other incidental expenses. The cost of installation of the "Allowed
Materials" shall be included in' the applicable sections of the Contract Specifications cover-
ing this work.
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,' HUD_4736S (9-70)
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I.37. Use of Premises and Removal of Debris
The Contract expressly undertakes at his own expense:
(a) to take every pr.ecauti or, against injuries to. persons or damage to property;
(b) to store his apparatustmaterials, supplies`and equipment in such orderly fashion at the
site of the work as will not unduly interfere with the progress of his work or the work
' of any other contractors;
(c) to place upon the work or any part thereof only such loads as are consistent with the
safety of that portion of the work;
• (d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his
' operations, to the end that at all times the site of the work shall present a neat, orderly
and workmanlike appearance;
(e) before final payment -to remove all surplus material, false -work, temporary structures,
including foundations thereof, plant. of any description and debris of every nature re-
suiting from his operations, and to put the site in a neat, orderly condition;
(f) to effect all cutting, fitting or patching of his work required to make the same to con-
form to the plans and - specifications and, except with the consent ofthe Architect/
Engineer, not to cut or otherwise alter the work of any other Contractor.
' 38, Quantities of Estimate
Wherever the estimated quantities of work to be done and materials to be furnished under
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this contract are shown in any of the documents including the proposal, they are given for
use in, comparing bids and the right is especially reserved except as herein otherwise
specifically limited, to increase or diminish them as may be deemed reasonably necessary
t - or desirable by the Owner to complete the work contemplated by this contract, and such
increase or dimirut:on 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
I. -Neither the final certificate of payment nor any provision in the Contract Documents, nor
partial or entire occupancy of the premises by theO wrier, shall constitute an acceptance of
work not done in accordance with the Contract Documents .or relieve the Contractor of
' liability in respect to any express warranties or responsibility for faulty materials or
workmanship, The Contractor shall remedy any defects in the work and pay for any damage
to other work resulting therefrom, which shall appear within a period of one year from the
• date of final acceptance of the work unless a longer period is specified. Th-e Owner will
I. give notice of observed defects with reasonable promptness.
41, Conflicting Conditions -
' Any provisions in any of the Contract Documents which may be in conflict or inconsistent
with any of the paragraphs in these General Conditions shall be void to the extent of such
conflict or inconsistency.
' 42, Notice and Service Thereof
Any notice to any contractor from the Owner relative -to any part of this contract shall be
' in writing and considered delivered and the service [hereof completed, when said notice is
posted, by certified or registered mail, to the said Contractor at his last given address, or
delivered in- person to the said Contractor or his authorized representative on
the work.
HUD -42385 (R) 11
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Each and every provrsinn of law and clause required by law to be ins-erted in :his contract
shall be deemed to be inserted herein and the contract shall be read and enforced as though
it were included herein, and if through mistake or othcrwisr any such prnvis,on is not
inserted, or is not correctly inserted, than upon the application of either party the contract
shall, forthwith be physically amended to make such .insertion or correction.
' 44. Protection of Lives and Health
it The Contractor shall exercise proper precaution at all times for the
protection of persons and property and shall be responsible fpr 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 determine to be reasonably necessary,"
45, Subcontracts
tiThe Contractor will insert in any subcontracts the Federal Labor Standards
Provisions contained heroin and such other clauses as the Department of Housing
and Urban Development may, by instructions require, and also a clause requiring
the subcontractors.to include these clauses in any lower tier subcontracts
which they may enter into, together with a clause requiring this insertion
in any further subcontracts that may in turn be made."
,46, Equal Employment Opportunity
During the performance of this contract the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant
for employment because of race, religion, sex, color or national. origin:
The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, t:ithout
regard to their race, religion, sex, color, or national. origin. Such
action shall include, but not bo limited to, the follos)ing: employment,
upgrading, demotion, or transfer; recruitment or recruitment adverti.sing;
' layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees
to post inconspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions
of this nondiscrimination clause,
(2) The Contractor will, in all solicitations oradvertisements for
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employees placed by or on behalf of the Contractor, state that all
qualified applicants. will receive consideration for employment without
regard to race, religion, sex, color, or national origin".
I. (3) The Contractor will send to each labor union or representative of v,orke rs with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the labor union or workers' representative of the Contractor's
' commitments under Section 202 of Executive Order No. 11246 of September 24. 1965. and
shall post copies of the notice in conspicuous places available to employees and appli-
cants for employment.
(4) The Contractor will comply with all provisions of Executive Order No. 11246 of
• September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
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' 9-12 1
I(S) The Contractor will furnish all oinformation and reports required by Executive Order
No. 112.16 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of labor, or pursuant thrrrto, and will permit accrss to his bnoks, rrrnrdls,
and accounts by the Delia rtrr.ent of I musing and11 rhan 1 )':vrinpnuont and the Sirrrt; r•: of
Labor for purposes ofrnvestil;ationtoascertaincon,;Ii:mr.e with such rule:s, re gul ainns,
and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
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' this contract or with of such rules, -regulations, or orders, this contract x-ray 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, of 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 protect, shall become
directly or indirectly interested personallyinthis contractor in any part hereof. No officer,
employee, architect; attorney, engineer or inspector of or for the Owner who is authorized
in such capacity and on behalf of the Owner to exercise any legislative, executive, super-
' visory or other similar functions in connection with the construction of the project, shall
become directly or indirectly interested personally in this contract or in any part thereof,
any material supply contract, subcontract, insurance contract, or any other contract per-
taining to the project,
49. Use and Occupancy Prior to Acceptance by Owner -
The Contractor agrees to the use and occupancy of a portion or unit of the project before
'
formal acceptance by the Owner, provided the Owner:
(a) Secures written consent of the - Contractor except in the event, in the opinion of the
Architect/Engineer, the Contractor is chargeable with unwarranted delay in final
cleanup -of punch list items or other contract requirements.
(b) Secures endorsement' from the insurance -carrier and consent of the surety permitting
occupancy of -the building or use of the project during the remaining period of construc-
tion, or, - - `.
I. (c) When the project consists of more than one building, and one of the buildings is occupied,
secures permanent fire and extended coverage insurance, including a permit to com-
plete construction. Consent of the surety must also be.obtained.
1 13
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(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin, The Contractor will take affi rmat:ve
action to ensure that applicants are employed, and thr.t ^tnployees ire treated during
employment, without regard to their race, creed, color, or national on tin. Such action
shall include, but not be limited to, the following: employment. upgrancr.g. 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 cons-picuous places, available to employees and applicants
for. employment, notices to be provided setting forth the provisions of this nondiscrimi-
nationclause,
(2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, creed, color, or national origin.
50. Photographs of the Project
' If required by the Owner, the Contractor shall furnish photographs of the project, in the
quantities and as described in the Supplemental General Conditions,
' 51. Suspension of. Work
Should the Owner be prevented or enjoined from proceeding with work either before or
after the start of construction by reason of any litigation or other reason beyond thecontrol
of the Owner, the Contractor shall not be entitled to make or. assert claim for damage by
reason of said delay; but time for completionof the work will be extended to such reasonable
time as the Owner may determine will compensate. for time lost by such delay with such
determination to be set forth in writing.
52. Minimum Wages
All laborers and mechanics employed upon the work covered by this
Contract shall be paid unconditionally and not• less often than once
-each week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are made mandatory by law and such
other payroll deductions as are permitted by the applicable regula-
tions issued by the Secretary of Labor, United States Department of
Labor, pursuant to the Anti -Kickback Act hereinafter identified), the
full amount due at time of payment computed at wage rates not lees.
than those contained in the wage determination decision of said
Secretary of Labor (a copy of which is attached and herein incorporated
by reference), regardless of any contractual relationship which may be
alleged to exist between the Contractor or any subcontractor and such
laborers and mechanics. All laborers and mechanics employed upon such
work shall be paid in cash, except that'payment may be by check if the
employer provides or secures satisfactory facilities approved by the
Local Public. Agency or Public Body for the cashing of the same without.
coat or expense to the employee. For the purpose of this clause,
contributions made or costs reasonably anticipated under Section 1 (b)
(2) of the Davis -Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the
provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal
Regulations, Also for the purpose of this,clause, regular contribu-
tions made or costs incurred for more than a weekly period under plane,
funds, or programs, but covering the particular weekly period, are
deemed to be constructively made or incurred during ouch weekly
period.
C uulat; S : eta v . a; ;l 1*1
' In case of underpayment of wages by the Contractor or by any
subcontractor to.laborers or mechanics employed by the Contractor or
ruboontractor 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, no much thereof as the Local Public
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Agency or Public Body may consider necesaaiy to pay such laborers .or
mechanics the full amount of wages required by this Contract. The
I.amountso withheld'may be disbursed by the Local Public Agency or
Public Body, for and on account of the Contractor or the subcontractor
(as may be appropriate), to the respective laborers or mechanics to
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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 P.zEFITS
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
I .. . being provided by the contractor must be submitted to the Looal Public
Agency or Public Body with the first payroll filed by the Contractor
subsequent to receipt of the findings.
'55• OVERTIME COiTPENSATION REQUIRED BY CONTRACT WORK FOURS AND SAFETY
STANDARDS ACT (76 Stat. 357-360; Title 40 U.S.C., Sections 327-
• 332)
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(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 hO hours in such work week
unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times his basic rate of pay for all hours.
worked in excess of 8 hours in any calendar day or in excess of 40 hours
in ouch work week, as the case may be.
(b) Violation: liability for unpaid wares liquidated darnares.
In the eventS 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 hie 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
�nm 1,238-S(R)
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in excess of 8 hours or in excess of the standard workweek of q0 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
Is clause requiring this insertion in any further subcontracts that may.'..
in turn be made.
56. T VLOIMTT OF APPRFTi`PICES/FTRAIliEES
4. Apprentices will be permitted to work at less than the prede-
term_ined rate for the work they performed when they are em-
ployed andindividually registered in .a bona fide apprentice-
' ship program registered with the.II. 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 ie 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
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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 for al 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 lees than the rate specified in the approved pro-
gram for his level of progress. Any employee listed on the
payroll at a trainee rate who is not registered and partici-
pating in a training plan approved by the Bureau of Apprentice-
ship and Training shall be paid not less than the wage rate
determined by the Secretary of Labor for the classification of
work he actually performed. The contractor or subcontractor
will be required to furnish the contracting officer or a repre-
sentative of the Wage -Hour Division of the U. S. Department of
Labor written evidence of the certification of his program,
the registration of the trainees, and the ratios and wage
rates prescribed in that program. In the event the Bureau
of Apprenticeship and Training withdraws approval of a train-
ing program, the contractor will no longer be permitted to
utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is
approved.
o. Equal Employment Opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 112116, as amended, and 29 CFR Part 30.
HW-Vaai.. D. C.
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57. EMPL0YA4RNT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who, at the
time, is serving sentence in a penal or correctional institution shall
be employed on the work covered by this Contract.
58. BmULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT"
The Contractor shall comply with the applicable regulations (a
copy of which is attached and herein incorporated by reference) of the
Secretary. of Labor, United States Department of Labor, made pursuant to
the so-called '!Anti -Kickback Act" of June 13, 1934 (48 Stat. 948: 62
Stat. 862; Title U.S.C., Section 874: and Title 40 U.S.C., Section 276c),
and any amendments or modifications thereof, shall cause appropriate
provisions to be inserted in subcontracts to insure compliance therewith
by all subcontractors subject thereto, and shall be responsible for the
submission of affidavits required by subcontractors thereunder,, except
as said Secretary of Labor may specifically provide for reasonable
limitations, variations, tolerances, and exemptions from the require-
ments thereof.
59. EMPL0YMEIIT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE
DEPERJIINATION DECISION
Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Contract, will be
classified or reclassified conformably to the wage determination by the
Local Public Agency or Public Body, and a report of the action taken
shall be submitted by the Local Public Agency or Public Body, through
the Secretary of Housing and Urban Development, to the Secretary of
Labor, United States Department of Labor. In the event the interested
parties cannot agree on the proper classification or reclassification
of a particular class of laborers and mechanics to be used, the question
accompanied by the recommendation of the Local Public Agency or Public
Body shall be referred, through the Secretary of Housing and Urban
Development, to the Secretary of Labor for final determination.
60. FRINGE FftEflTS NOT EXPRESSED AS HOURLY WAGE RATES
The Local Public Agency or Public Body shall require, whenever the
minimum wage rate. prescribed in the Contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly
wage rate and the Contractor is obligated to pay cash equivalent of such
a fringe benefit, an hourly cash equivalent .thereof to be established.
In the event the interested parties cannot agree upon a cash equivalent
of the fringe benefit, the question, accompanied by the recommendation
of the Local Public Agency or Public -Body, shall be referred, through
the Secretary of Housing and Urban Development, to the Secretary of
Labor for determination.
HUD-Wa.h.. D. C.
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6t. POSTING WAGE DETER11MATION 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 persona.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 E+FLOYEES
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. CLAB SAND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications
'• of laborers and mechazics,employed upon the work covered by this CO:tract
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,
I. United States Department of Labor, whose decision shall be final with
respect thereto.
I
6b: QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
All.questions arising under this Contract which relate to the
'• application or interpretation of (a) the aforesaid Anti -Kickback Act,
(b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid
Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor,
United States Department of labor, pursuant to said Acts, or (c) the
' labor standards provisions of any other pertinent Federal statute, shall
be referred, through the Local Public Agency or Public Body and the
Secretary of Housing and Urban Development, to the Secretary of Labor,
' United States Department of Labor, for said Secretary's appropriate
ruling or interpretation which shall be authoritative and may be relied
upon for the pvrposee of this Contract.
65. PAYROLLS AND BASIC PAYROLL RLtORDS OF CONTRACTOR AND SUBCONTRACTORS
The Contractor and each subcontractor shall prepare his payrolls
I. on. forms satisfactory to and in accordance with instructions to be
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furnished by the Local Public Agency or Public Body., The Contractor
shall submit weekly to the Local Public Agency"oi'Public Body two
certified copies of all payrolls of the Contractor and of the subcon-
tractors, it being understood that the Contractor shall be responsible
for the submission of copies of payrolls of all subcontractors. Each
such payroll shall contain the "Weekly Statement of Compliance" set
forth in Section 3.3 of Title 29, Code of Federal Regulations. The
payrolls and basic payroll records of the Contractor and each subcon-
tractor covering all laborers.and mechanics employed upon the work
covered by this Contract shall be maintained during the course of the
work and preserved for a period of 3 years thereafter. Such payrolls
and basic payroll records shall contain the name and address of each
such employee, his correct classification, rate of pay (including rates
of contributions or costs anticipated of the types described in Section
1(b).(2) of the Davis -Bacon Act), daily and weekly number of hours worked,
deductions made, and actual wages paid. In addition, whenever the
Secretary of labor has found under Section 5.5(a)(1)(iv) of Title 29,
Code of Federal Regulations, that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section 1(b)(2)(B) of the
Davis -Bacon Act, the Contractor or subcontractor shall maintain records
which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan
or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. The Contractor and each
subcontractor shall make his employment records with respect to persons
employed by him upon the work covered by this Contract available for
inspection by authorized representatives of the Secretary of Housing and
Urban Development, the Local Public Agency or Public Body, and the United
States Department of Labor. Such representatives shall be permitted to
interview. employees of the Contractor or of any subcontractor during
working hours on the job.
66. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
' The transporting of materials and supplies to or from the site of
the Project or Program to which this Contract pertains by the e=loyees
of the Contractor or of any subcontractor, and the tcanulactu±thr or
furnishing of materials, articles, supplies, or equipment on the site
' of the Project or Program to which this Contract pertains by persona.
employed by the Contractor or by any subcontractor, shall, for the
purposes of this Contract, and without limiting the generality of the
foregoing provisions of this Contract, be deemed to be work to which
those 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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without the meal Public itgtncy'o or Public Pody'n prior written approval
of the subcontractor. The Local Public Agency or Public Body will not
approve any subcontractor for work covered.by.this Contract who is at
the tine ineligible under the provisions of any applicable regulations
issued by the Secretary of Labor, United States Department of labor or
the .Secretary of Housing and Urban Development, to receive an award of
such subcontract.
68. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS
The Contractor shall include or cause to be included in each
subcontract covering any of the work covered by this Contract, provi-
sions which are consistent with these Federal Labor Standards Provisions
and also a clause requiring the subcontractors to include such provisions
in any lower tier subcontracts which they may enter into, together with
a clause requiring such insertion in any further subcontracts that may.
in turn be made,
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 toterminate 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 for the unemployed
and underemployed, and (2) shall insert or cause to be inserted the same provisinn in each
construction subcontract.
71. Contract Termination; Debarment
A breach of Section 15 and the Federal Labor Standards Provisions, may
be grounds for termination of the contract, and for debarment as provided
in 29 CFR 5.6. .
Him b?3R-S(R)
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U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
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
5. 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
HUD-4238-M(R)
(9-66)
9-22
I. ENUMERATION OF PLANS, SPECIFICAT!ONSAND ADDENDA
' Following are the Plans, Specifications and Addenda which form a part of this contract, as set forth in
• Paragraph 1 of the General Conditions, "Contract and Contract Documents":
'' DRAWINGS
' General Construction:
Heating and Ventilating:
' Plumbing: • Electrical:
1
SPECIFICATIONS:
General Construction:
' • Heating and Ventilating:
Plumbing:
Electrical: --
Detail Technical
Nna_ 1 thru 16
Page 11l to 11-4 , Incl.
" to , Incl.
to , Intl:
to , Incl.
12-1 to 12-5 Incl.
to Intl
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' 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:
I. (a) For (Page of Specifications) $
(b) For (Page of Specifications) S
' (c) For (Page of Specifications) $
(d) For •(Page of Specifications) $ .
(e) For (Page of Specifications) $
' (t) For (Page of Specifications) $
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3. SPECIAL, HAZARDS
The Contractor's and his Subcontractor's Public Liability and Property Damage Insurance shall provide
adequate protection against the following special hazards:
1
NONE
I.
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 a mount not less than $200 . 000.00 for in-
juries, including accidental death, to any one person, and subject to the sane limit for each
person, in an amount not less than E 500.000.00on account of one accident, and Contractor's
Property Danage Insurance in an amount not less than f 100 .000.00
The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the
life of his subcontract, Subcontractor's Public Liability and Property Damage of the type and in the
same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors
' in his own policy.
S. PHOTOGRAPHS OF PROJECT
' As provided in paragraph 50 of the General Conditions, the Contractor will fLrnish 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 an
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.
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SI'ECIAIl. 1:011AI, ()1'I'OR'I'UUNI lY.PIfflVISIONS
A. Activities and Contracts Not Subject to Executive Order 17.21(6, as Amondod
(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 1121(6, 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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(3) The Contractor will send to each labor union or ropronontativo of workers
with which ho has a col]octivo bargaining a�rnomont or other contract or
understanding, a notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representatives of the Contrac-
torts commitment under this section and shall post copies of the notice
in conspicuous places available to employees and applicants for employment,
(4) The Contractor. will comply with all provisions of Executive Order 11246 of
September 2h, 1965, and of the rules, regulations and relevant. orders of
the Secretary of Labor,
(5) The Contractor will furnish all information and reports required by
Executive Order 11246 of September 2b, 1965, and by the rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the Department and the
Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract, or with any of such rules, regulations, or orders,
this contract may be canceled, terminated or suspended in whole or in part,
and the Contractor may be declared ineligible for further Government con-
tracts or federally assisted construction contract procedures authorized
in Executive Order 11246 of September 2h, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(7) The Contractor will include the portion of the sentence immediately pre-
ceding paragraph (1) and the provisions of paragraph (1) through (7) in
every subcontract or. purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will
be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as the
Department may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a
Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the Department,
the Contractor may request the United States to enter into such litigation
to protect the interest of the United States.
C. Hometown or Imposed Plans
In areas where a hometown plan or imposed plan is operative, the Community
Development Block Grant Recipient must contact the appropriate HUD Equal
Opportunity Office for specific instructions.
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D. "Section
C
Lice in the Provision of
nt and Business
During the performance of this contract, the contractor agrees as follows:
(1) The contractor agrees to comply with the requirements of Section 3 of the
Housing and Urban Development Act of 1968 (12 USC 170(u), as amended, the
HUD regulations issued pursuant thereto at 2h CFR Part 135, and any appli-
cable rules and orders of HUD issued thereunder.
(2). The "Section 3 clause" set forth in 211 CFR 135.20(b) shall form part of
this contract, as set forth in Paragraph 1 of the General Conditions,
"Contract and Contract Documents".
(3) Contractors shall incorporate the "Section 3 clause" shown below and the
foregoing requirements in all subcontracts.
Section 3 Clause as Set Forth in 211 CFR 135.20(b
A. The work to be performed under
this contract Is on a project aseteted un-
der a program providing direct Federal
financial assistance from the Depnrt-
ment of Housing and Urban Develop-
ment and I3 subject to the requirements
of section 3 of the Housing and Urban
Development Act of 1968, as amended. 12
U.S.C. 1701u. Section 3 requires that to
the greatest extent feasible opporttml-
ties for training and employment be
given lower Income residents of the
project area and contracts for work In
connection with the project be awarded
to bualneas concerns which an located
in, or owned In Substantial part by per -
ions residing in the area of the project.
H. The parties to this contract wW
comply with the provisions of said see-
tfon 3 and the regulations Issued pursu-
ant thereto by the Secretary of Housing
and Urban Development set forth In 24
CFR and all anplirsble rules and
orders of the Department issued there-
under prior to the execution of this con-
tract. The partl•s to this contract certify
end agree that they are under no con-
tractual or other disability which would
prevent them from complying with theme
requirements.
C. The controctar will send to each la-
bor organization pr representative of
workers with which he has a collective
bargaining agreement or other contract
or understanding. If any. a notice advis-
ing -the said la' -or organisation or work -
en' representative of his commitments
under this section 3 clause and shall post
copies of the notice In conspicuous places
available to employees -and applicants for
employment or training.
D. The contractor will include this
section 3 clause In every subcontract for
work In cnnnecttan with the project and
will, at the direction of the applicant
for or recipient of Federal financial as-
sistance, take appropriate action pursu-
ant to the subcontract upon a finding
that the subcontractor is In violation of
regulations Issued by the Secretary of
Housing and Urban Development, 24
CPR —. The contractor w711 not sub-
contract with any subcontractor where
it has notl^e or knowledge that the latter
has been found in violation of regula-
tlone under 24 CFR --- and will not
let any subcontract unless the subcon-
tractor has first provided it with a pre-
liminary statement of ability to comply
with the requirements of these regu-
lations.
E. Compliance with the provteione of
section 3. thr regu'atlons set forth In 24
CFR —, a' d oil applicable rules and
Orden of the Department Issued there-
under prior to the execution of the con-
tract. shall be a condition of the Federal
financial assistance provided to the proj-
ect. binding upon the applicant or recip-
ient for such a,ststance. Its successors,
and assigns. Failure to fulfill these re-.
quirements shall subject the applicant or
recipient, Its contractors and subcontrac-
ton, its successors. and assigns to those
sanctions specified by the grant or loan
agreement or contract through which
Federal assistance Is provided, and to
such sanctions, as are specified by 24
CFR —.136.
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C1:R7'1PIc:A'P10N 0r (:UNIPI,1ANC1: IVITII A IR AND WWAlER ACTS
(Applicable to Federally assisted construction_ contracts and relatod
subcontracts exceeding $100,000)
Compliance with Air and Water Acts•
During the performance of this contract, the contractor and all subcon-
tractors shall comply with the requirements of the Clean Air Act, as amended,
142 USC 1857 et seq., the Federal Water Pollution Control Act, as amended,
33 USC 1251 et seq., and the regulations of the Environmental Protection
Agency with respect thereto, at 140 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 140 CFR 15.20.
(2) Agreement by the contractor to comply with all the requirements of
Section 1114 of the Clean Air Act, as amended, (142 USC 1857c-8) and
Section 308 of the Federal Water Pollution Control Act, as amended,
(33 USC 1318) relating to inspection, monitoring, entry, reports and
information, as well as all other requirements specified in said
Section 1114 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.
(14) Agreement by the Contractor that he will include, or cause to be included,
the criteria and requirements in paragraph (1) through (14) of this
section in every nonexempt subcontract and requiring that the Contractor
will take such action as the Government may direct as a means of enforcing
such provisions.
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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
I. 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 oil 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 of de-
lay to the Contractor.
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• WORK DONE W1'IIIOUT 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.
PRESERVATION 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 materials
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.
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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.
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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.
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PRO'IP,'C'I'ION OF PUBLIC II'1'1 L.I'I'i..
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 owners. of such utility
or other property may remove or protect the same.
If any owner or owners of public utilities liable to be affected,
endangered or damaged by the construction of the work does not 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.
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' 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.
1 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
Ito 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
I. 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.
I. 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 and elevations, 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.
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PRIVILEGES OF CUNTRACTURS IN STREETS.
'The Contractor will be entitled to use such streets, alleys,
roadways, or parts of the streets and alleys as are necessary for
the prosecution of the work. The use of such public thoroughfares
shall be at the direction of the Engineer and in accordance with the
provisions as expressed by him..
' The Contractor will take care to keep streets open for use
whenever practicable; cross streets will be kept open wherever pos-
sible.
The Contractor will notify the Fire Chief of the locality
when a street is closed and shall again notify him when it is
opened for traffic. In case no adequate detour can be provided,
the Contractor will stand in readiness to provide a crossing in
case of any emergency.
I. 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 whose cost will he partici-
pated in by the Federal Government. Therefore, if required, the Con-
tractor shall furnish the Owner a cost breakdown.
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Hut 4010
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U.S. DEPARTMENT or IIOUSING ANI) URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FEDERAL LABOR STANDARDS PROVISIONS
1. APPLICABILITY
The Project or Program to which the work covered by this Contract
pertains is being assisted by the United States of America and the
following Federal Labor Standards Provisions are included in this
Contract pursuant to the provisions applicable to such Federal assist-
ance. ,
2. NININUI.1 WAGE RATES FOR LABORERS AND MECHAIIICS
All laborers and mechanics employed upon the work covered by this
Contract shall be paid unconditionally and not less often than .once
each week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are made mandatory by law and such
other payroll deductions as are permitted by the applicable regula-
tions issued by the Secretary of Labor, United States Department of
Labor, pursuant to the Anti -Kickback Act hereinafter identified), the
full amount due at time of payment computed at wage rates not less
than those contained in the wage determination decision of said
Secretary of. Labor (a copy of which is attached and. herein incorporated
by reference), regardless of any contractual relationship which may be
alleged to exist between the Contractor or'any subcontractor and such
laborers and mechanics. All laborers and mechanics employed upon such
work shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory facilities approved by the
Local Public Agency or Public Body for the cashing of the same without
cost or expense to the employee. For the purpose of this clause,
contributions made or costs reasonably anticipated Under Section 1 (b)
(2) of the Davis -Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the
provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal
Regulations. Also for the purpose o£ this clause, regular contribu-
tions made or costs incurred for more than a weekly period under plans,
funds, or programs, but covering the particular weekly period, are
deemed to be constructively made or incurred during such weekly
period.
3. UNDERPAYMEJITS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any
subcontractor to laborers or mechanics employed by 'the Contractor or
subcontractor upon the work covered by this Contract, the Local Public
Agency or Public Body in addition to such other rights as may be afford—
ed it under this Contract shall withhold from the Contractor, out of
any payments due the Contractor, so much thereof as the Local Public
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Agency or Public Body may consider necessary to pay such laborern or
• mechanics the fall amount of wages required by,this Contract. The
amount so withheld may be disbursed by the Local Public Agency or
' Public Body, for and on account of the Contractor or the subcontractor
(as may be appropriate), to the respective laborers or mechanics to
whom the same is due or on their behalf to plans, funds; or programs
I. for any type of fringe benefit prescribed in the applicable wage
determination. .:
4, ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or other
third person, he may consider as part of the wages of any laborer or
' mechanic the amount of any costs reasonably anticipated in.providing
fringe benefits under a plan or program of a type expressly listed in
the wage determination decision of the Secretary of Labor which is ,a
' part of this Contract: Provided, however, the Secretary of Labor has
found, upon the written request of the Contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor
' may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program. A copy of
any findings made by the Secretary of Labor.in respect to fringe benefits
being provided by the Contractor must be submitted to the Local Public
' Agency or Public Body with the first payroll filed by the Contractor
subsequent to receipt of the findings.
5. OVERMIE COPIPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT (76 Stat. 357-360: Title 40 U.S.C., Sections 327-
332)
' (a) Overtime reeuirements. 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
1 and guards, shall require or permit any laborer or mechanic in any
workweek in which he is employed on such work to work in excess of 8
hours in any calendar day or in. excess of 40 hours in such work week
unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times his basic rate of pay for all hours
worked in excess of 8 hours in any calendar day or in excess of 40 hours
in such work week, as the case may be.
(b) Violation: liability for unpaid wages liouidated damages.
In the event of any violation of the clause set forth in paragraph a),
I. the contractor and any subcontractor responsible therefor shall be
liable to any affected employee for his unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States
for liquidated damages. Such liquidated damages shall be computed with
, respect to each individual laborer or mechanic employed in violations
of the clause set forth in paragraph (a), in the sum of $10 for each
calendar day on which such employee was required or permitted to work
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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. 'EMPLOYIENT OF APPRENTICES/TRAII1EES .
a. 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 boha fide apprentice-
ship program registered with the U. S. Department of Labor,
Manpower Administration, Bureau of Apprenticeship and Training,
or with a State Apprenticeship Agency recognized by the Bureau,
or if a person is employed in his first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has
been certified by the Bureau of Apprenticeship and Training or
a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice, The
allowable ratio of apprentices to journeymen in any craft classi-
fication shall not be greater than the ratio permitted to the
contractor as to his entire work force under the registered
program. Any employee listed on a payroll at an apprentice
wage rate, who is not a trainee as defined, in subdivision (b)
• of this subparagraph or is not registered or otherwise employed
as stated above, shall be paid the wage rate determined by the
Secretary of Labor for the classification of work he actually
performed. The contractor or subcontractor will be required to
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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 thefl 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 Dnnloyment Opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29,CFR Part 30.
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7. EMPLOYMENT OF CERTAIN PERSONS PROH13ITED
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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 (BATES
The Local Public Agency or Public Body shall require, whenever the
minimum wage rate prescribed in the Contract for a class of laborers or
.mechanics includes a fringe benefit which is not expressed as an hourly
wage rate and the Contractor is obligated to pay cash equivalent of such
a fringe benefit, an hourly cash equivalent thereof to be established.
In the event the interested parties cannot agree upon .a cash equivalent
of the fringe benefit, the question, accompanied by the recommendation
of the Local Public Agency or Public Body, shall be -referred, through
the Secretary of Housing and Urban Development, to the Secretary of
Labor for determination.
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11. POSTING WAGE DEPERILQJATION DECISIONS AND AU'IUOktZED WAGE DEDUCTIONS
•
The applicable wage poster of the Secretary of1Labor, United States
Department of Labor, and the applicable wage determination decisions of
said Secretary of Labor with respect to the variouslclassification 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, toibe made from wages.
actually earned by persons so employed or to be employed in such classi-
fications, shall be posted at appropriate conspicuous points at the site
of the work.
12. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES -
No laborer or mechanic to whom the wage, salary, or other labor
1 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
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testify in any proceeding under or relating to the labor standards appli-
cable under this Contract to his employer.
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13. CLAIMS.AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications.
I. 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.
' U. QUESTIONS CONCERNIN
G CERTAIN FEDERAL STATUTES AND REGULATIONS
All questions arising under this Contract which•relate to the
I. application or interpretation of (a) the aforesaid Afiti-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 J
II on forms satisfactory to and in accordance with instructions to be
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furnished by the Local Public Agency or Public Body. The Contractor
' shall submit weekly to the Local Public Agency or Public_Body two
certified copies of all payrolls of the Contractor and of the subcon-
tractors, it being understood that the Contractor shall be responsible
for the submission of copies of payrolls of all subcontractors. Each
' such payroll shall contain the "Weekly Statement of Compliance" set
forth in Section 3.3 of Title 29, Code of Federal Regulations. The
payrolls and basic payroll records of the Contractor and each subcon-
tractor covering all laborers and mechanics employed upon the work
covered by this Contract shall be maintained during the course of the
work and preserved for a period of 3 years thereafter. Such payrolls
and basic payroll records shall contain the name and address of each
' such employee, his correct classification, rate of pay (including -rates
of contributions or costs anticipated of the types described in Section
l(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked,
I. deductions made, and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv),of Title 29,
Code of Federal Regulations, that the wages of any laborer or mechanic
' include the amount of.any costs reasonably anticipated in providing
benefits under a plan or program described in Section 1(b)(2)(B) of the
Davis -Bacon Act, the Contractor or subcontractor shall maintain records
which show that the commitment to provide such benefits is enforceable,
' that the plan or program is financially responsible, and that the plan
or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or•the actual
cost incurred in providing such benefits. The Contractor and each
subcontractor shall make his employment records with respect to persons
employed by him upon the work covered by this Contract available for
inspection by authorized representatives of the Secretary of Housing and
Urban Development, the Local Public Agency or Public Body, and the United
States Department of Labor. Such representatives shall be permitted to
interview employees of the Contractor or of any subcontractor during
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working hours on the job.
16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transporting of materials and supplies to or from the site of
the Project or Program to which this Contract pertains by the employees
' of the Contractor or of any subcontractor, and the manufacturing or
furnishing of materials, articles, supplies, or equipment on the site
of the Project or Program to which this Contract pertains by persons
employed by the Contractor or by any subcontractor, shall, for the
' purposes of this Contract, and without limiting the generality of the
foregoing provisions of this Contract, be deemed to be work to which
these Federal Labor Standards Provisions are applicable.
' 17. INELIGIBLE SUBCONTRACTORS
L The Contractor shall not subcontract any part of the work covered
by this Contract or permit subcontracted work to be further subcontracted
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without the Local Public Agency's or Public Body!s prior written approval
of the subcontractor. The Local Public Agency or Public Body will not
approve any subcontractor for work covered, by this Contract1who is at
the time ineligible under the provisions of any applicable regulations
I. 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 INCLUDID.IN CERTAIN SUBCONTRACTS
The Contractor shall include or cause to be included ih.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
U. in. any lower tier subcontracts which they may enter into, together with
a clause requiring such insertion in any further subcontracts that may
in turn be made.
19. BREACH OF FORDGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as
' herein elsewhere set forth, the Local Public Agency or Public Body
reserves the right to terminate this Contract if the Contractor or any
subcontractor whose subcontract covers any of the work covered by this
Contract shall breach any. of these Federal Labor Standards Provisions.
A breach of these Federal Labor Standards Provisions may also be grounds
for debarment as provided by the applicable regulations issued by the
Secretary of Labor, United States Department of Labor.
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ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR.
UNITED STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C., section 874
(Reptaaa section I of the Act of June 13, 1934 148 Stat. 948.40 U.S.C..
tee. 276b) pursuant to the Act of June 25. 1948.62 Stat. 862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
Whoever, by force. intimidation, or threat of pmru ring diamicI from rmpin. mint, or by an other manner whit eo.
err: induce. any person employed in the ronJmrtiun. prowcut ion. rrnmpletw rn nr repair of an. public bnildmg. public work,
or building or work financed in whole or in pan by hint or granb from the I oiled Main to gi.• up any.pan of the roan
penntion to which he is entitled undo his contract of emplo. ment. shall be tined not more than J.i (Ye. ur imprisoned not
mean than rive Jun, or both.
SECTION 2 OF THE ACT OF JUNE 13. 1934, AS AMENDED (48 Aar. 94861 Slit, 862.
t3 Stat. 108,71 Slat. 967,40 U.S.C.. wc. 276c)
The Secretary of Labor shall make resnon.ble regulations for contractors and puhrnntnrtnc located in the ronrtructbn.
prosecution, completion or repair of public buildings. puhbc work, or buildinte or its Financed in w hole or in pun h. bans
or granb from the United Sister. iocludingra proauon that each contractor and subcontrartor shall durniih w rekh a sial.mrnt
with 'taped to the wages paid each employer during the preceding week. Section 1001 of Title I8 (United State. bade) shall
apply to such statements. t
Pursuant to the aforesaid .Anti -Kickback Art, the Secretary of Labor. (:oiled Slate, Depanmrht of Labor. hap promul.
grted the regulations hat in set forth, which rendationr an found in Title 29. Subtitle A. Code of Federal Herula n.. m.
Part 3. The term "this part," as used in the regulations hereinafter set forth. refers to Part 3 lam above mentioned. Said era.
ulatinru at u follows:
TITLE 29 — LABOR
Subtitk A — Office of the Secretary of Labor
PART 3 —CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED U4
WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
Section 3.1 Purpose and scope.
This past prescribes "antiJ<ickbsrk" regulations under section 2 of the Act of June 13. 1934, ea amended (40 U.S.C.
276c), popularly known tithe Copeland Act. This pan applies to any contract which is subject to Federal wage nandrds
and which it for the construction. prosecution. completion. or repair of public buildings. public works or buildings or works
financed in whole or in pat by loans or grant. from the United States. The pan is intended In aid in the rnforennrnt of the
minimum wag provisions of the D.vi.-Paean Act and the .arbors statutes dralmt with Federal!. anislrd -nnaruction that
contain similar minimum wage provision., including those provision, which am not subject to Reorpkni.stion Plan No. 14
HUD b238-.s(R)
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.rein r • -p v. ..+rr'., ,. Iw .,rye• YI
(e.g., the College Housing Act of 1950. the Federal Water Pollution Control Act, and the Housing Act of 1459). and in the
' enforcement of the overtime provisions of the Contract Work Huun Standards Act whenever they are appliea Lle to eonauelion
work. The part details the obligation of contncton and wbcortrscton rrl.tiee to the wrckly .ubmiwion of statements rgerd-
ing the wages paid on work covered thereby; sets forth the ci cuewtmen and procedures governing the making of psi roll de-
duction, from the wages of those employed on such rode: and delineates the methods of payment permbdblc on such work.
Section 12 Definitions.
As used in the regulations it, this part:
(a) The terms 'building" or "work"generally include connection activity as distinguished from manufacturing,
furnishing of material.. or servicing and maintenance .oak. The terms include, without dimitation. buildings, arurIurre, and
improvements of all type., such n bridge$, dams, plant. high w a. s, part w eva. are et. subway.. I un nets, wens, main.. power•
lines, pumping alit inns, railways, airports. Irrm inak, docka. pi•n. wh.ves, wry.. IighIhwnwrs. buoys. jellies, bitmksatrn,
levee., and anal.; dredging, shoring, seaffolding. drilling. blasting, etcuaing. clearing, and Isndscaping. Uric" conducted in
connection with and at the ate of such a building or work a is described in the foregoing sentence, the manufacture or furnish-
' ing'of material., rticles, supplies, a equipment (whether or not a Federal or State agency acquires title to such materials.
articles, supplks o equipment during the course of the manufacture a furnishing, or owns the materials from which they are
r.0nufactured or furnished) it rata "building" or "work" within the meaning of the nguletion. in This part.
(b) The term. "construction," "pmsetution.' completion,'or "reps it mean all type. of work done on a pankulr
buldingor work at the site thereof, including. without limitation, dterir.g.remodrling, punting and defecating, the transport'
ing of materials and wpplies to or from the building a work by the employee. of the construction contractor or construction
subcontractor. end the manufacturing or furnishing of materials, ertirin, wppl es, or equipment on the site of the building or
work, by persons employed at the the by the contractor or .ubcw.lnctor.
' (e) The temne "public building" or "public work" -include building or work forwtia whose conun. prosecution. corn -
pktion.or repair. to defined above, a Ftdcnl agency b a contracting party. reiardie" of whether title thereof bin a Fed feel
agency. ..
(d) The term "building or work financed in whole or in part by loans or grants from the United Sites"include, build.
ing a work foe whose construction, prosecution. completion, or repair. is defined above, payment or pet payment is made
directly w indirectly from funds provided by loanew pant by a Federal .teensy. The teem does not include building or work
for which Federal assistance i limited solely to loan gurantees a iwv: sus.
(e) Every person paid by a contractor or wa in btontrarlany manner for he labor in the construction. pmwcution.
completion, or repair of a public building or public work or building or work financed in whole win part by loans or pmt
from the United States is employed" and receiving wagea,"ngrdkr of any contractual relationship alleged to exist between
him sod the reel employe.
(f) The term "any affdiuted person" includes a spouse, child, print. a other close relative of the cdntr.ctor or sub-
contractor;. partner or officer of the contractor or subcontractor: a corpor&bon closely connected with the contractor or
subcontractor as parent, subsidiary or otherwise, and an officer or agent of much corporation.
(g) The term "Federal agmry" means the United States, the District of Columbia, and all executive &partment, in-
dependent establishment, administrative agencies, and instrummtalitiea of the United Suite end of the Dietrkt of Columbia.
including corporations, all or substantially .11 of the doh of which b beneficially owned by the United StAtes, by the District
of Columbia, a any of the foregoing departments. ed,bk ahments. agencies, and indrumentalitin.
Section 3.3 Weekly statement with respect to payment of rages.
(a) As used in this section, the term "employee" eh.fl net apply to persons an elaa.if ation. higher thin that of labors
or mechanic and those who are the immediate wperviwn of such employee.
' 10-10
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I area., /.'...,,rg-.}".w a_ e1 "a/.Y.!rYY.all.nYa�J'.IprwM� n. L t a. ..,.YL•P, a
(b) Farb eoulractor or uebconl rador engaged in lime construction. ptotrvution. tomplrl ion, or repair of auy p.ul.Rc
Luldiu` or pul, set wort„ M bee lfiug o. work financed in w loth or in Tart In 'lean: w f rau.I. Iron the I'niled Slate.. .'.all
furnisl, each w rrl a .t altmnd w iiii :r•pr'ri to the wagri pill rich of it: emplo>rr• rnia'cd on w Mk nn rrrd L. 39 Cl i1
Pal. 3 and 3 during the prrrdin; suer'') pssmll period. Title tla1, ee.ten .hall Ise eva.lyd In lime romuclor or •uhrnrn
traelw a le) an aull,uraed o(firrr M unplo)er of the rmrlrarlor or •aLm.durint is ho .ulwnerr the pa, mrnl of way• and
shall Ir on turns t1'lI 318. "4 alcnrrul of (niji;auicr. or on an ids relic al hints on tie IuQ of %Cpl )17 'I'al toll (ii'' Con-
tractors Optional IIK)"or on any form wish idenlirol' w ordieg. Sample roldrs of ty 11 317 and R'll 3111 mar be r.Li ab.rd from
the Government cool ucllhg or rdonnring vrncv. slid topics of Ili, a forms nu) Its: purchased at the Ci etmncnl preening
Of Got.
(c) Thr rrquitrmc nip of this section shall col apply to any root rant of $2O(ri M Urn.
(d) Upon a written finding L) the head of a Federal agency. Il.e Sterrlav nil..J or may provide mi•nn sUe tins ilal inns
varidiuua, Inierai cr., and rxmphiora from the rnfuiremeni. of ll.iy retion wLjeet to such tondiliona a,tlm Secretary of
Labor may specify.
129 F.R. 95, Jat. 4. 1964... amended At 33 F.R. 101116. July 17. I
' Section 3.4 Submission of weekly statements and the prrservalion and inspection of weekly payroll records.
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(a) Each meetly seat meet acquired under § 3.3 dull Ise Jrlirrrrd Ls lhr contravler or wbeunlnrlor, will.in wirer
days after the regi.a payment dale of Ilie pas null thread, to a retire+statrvr of a Federal or State apron !in -there, at (lie
site of plc building M g or work. M. if (fm irit no re)Rl ry relative of a r r'd. c l or 'ale a-.'ne) at ILr site of time huilde.p or week.
llw aatenwnl. 11111 Ise nailed Lv the contractor or oulcoulottor, wihum eh ever time. to a Frdrul or Stale azrncv eanlrwlio-
for mfinancing the brulJ ink or cud.:\(1 rr such osier Listener and , leek are may he made, sorb aUlrmenl, err a title 16am(,
!hall be kept nailatlr. or shall be Iran•rnil lyd b.getLu wirir a rr1or1 of an) viulatrou, in arvwdanre will apphr il.lc procedure.
prescribed by the United Stales Ill part roger' of labor.
(L) Fach contractor or subcontractor b11311 prernvr his surd'! par roll acenrds for a period of dust %cars from elate of
mmpirllw of the contract. 11he pavnJi strnrd. shall set nu! accuratrh and romply lily the name and aside,... of halls I11.orer
and neeelanie. I.is aunty 1 rla.•ifirvllun, rile of pay, daily sued w relit number of kuur, wurkr,l. deduction' made, and nA,ul
rages paid. Searle pat call accord. shall be made availaLlr at all li.nra for imperlian b) fi.e cuntraeting officer M Lo- elitlsontrd
trprrsentri and Is) authorized rcprrarnutivn of the Depart mint of Lal.or.
Section 3.S Payroll deductions permissible without application to or approval or this Secretary of Labor.
Deductions made under the circumstances or in rise uluations dcxribed in rise pia tapia ofthis sector me) he made
without application to and appraisal of the Secretary of Labor:
(a) Any deduction made in rumplianer with rile rrquirrmeol=, of Federal. State. or lout law, such as Federal or Stale
withholding income lasses and Federal .neat .ccuril) races . _
(Is) Any deduction of sums pre.imi43' paid in the rml.lo) ee a, s Iona ride prepac.nr rat of wags whet. curl, Incl'at min(
is, made w'iilout di.anunt err inleac4. .. "holes fide prepa)mrnl of warm" is rnn.idrrrd to hair bee,, nudr ooh ,l.n. sea L or
its equitalrret La- boilers ad unwed to list person emrestricted in tucb manner a to give Iii in complete fnedom'of di.Io.iliun of Ilse
advanced funds.
(e) Are) deduction of amount. rrgnimd Lv vessel process to be paid to another. rudea ILed r4 on iod is in favor of the
contractor, rubcontrariur or arm affiliated per.on. w when eollarlm or eollaboral inn exists.
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(d) Any deduction coretituting a contribution on behalf of the pernn employed to funds rst.bl6ked by the employ"
or "prexntativee of employers, or both. (or the pru(nv of pmndinf either from principal or income, of both, medical or
hospital care, penwons or annuities on retirement. death b.nditi, comlensation for injuries. illness. .rcidenls, .idtnea., or disability," for insurance to provide env of the forepiing. or un.mploy mint benefit.. vsratnm pay, sayjnpv accounts, or
milar
ipayments for the benefit of cmployeet, thnr famibn and d•1-ndents: /'onded, houeLve. That the following enndards
see met: (1) The deduction is not olher. ire. prohibited by l.w; (2) it it raper: fit k'olunardy rnnvnlyd to by the employ"
• in writing and in advance of the period in which the work is to be done and such -enrol is not a condition either for the
obtaining of or (or the continuation of emplovme nt or (ii) provided for in a bons fid. collect be barp.in�ng agreement be.
twetn.the contractor or subcontractor and r.pnsentattva of its empinv e.s. (3) no profit or other benefit is nthwise obtained.
directly or indirectly, by the contractor or subcontractor or any sfrli.ted peraran in the form of commission, dividend, or
oth"wue; and (4) the deductions %hall serve the contenenre and interest of the employee.
(e) Any drduetion contributing toward the purchw oilnited State. Defense Stamps and (kind. Own voluntarily
mthorited by the employee.
(0 Any deduction requested by the employer to enable him In repay loans to or to purch.e shivers in "edit unions
organised and operated in accordant,- with Federal and State credit union statutes. s -
(g) Any deduction voluntarily authorized by the emplane. for the making of rontribul ions to lovernmen W re quest.
goremmental egroek.. Ruch is the American Red Gnat.
' (h) Any deduction v.dunt.rih authorised by the employer (car the making of contribution, to Community Cheats.
United Given Funds. and similir charitable organizations.
(i) Any deduction, to pay regular union initi,tion feet and membership dun- not Including fines or special aaewnrnts:
Aoeided, homeva. That a collective bat a;ning aprrem.nt between the contractor or subcontractor and nprevnt.lives of its
employees provide, for such deductions and the deductions are not sat hr rww prohibited by law.
I • (J) Any deduction not coon than for the "r.a, na1•b coat"of ...aid, ItArina. or other farililirs muting the require.
menu of section 3(m) of the Fab Labor Si arsdard. Art of Ig3R, a. :mended, and Part 5:11 of this title. When ,urh a deduction
is made the additional records required under § 5161? (a) of this title thall be kept.
Section 3.6 Payroll deductions permissible with the approval of the Scaetary of Libor.
Any contractor or tuhmnirator may apply to the `rrrelaty of Ll.or for prrmi,mn to make any deduction not per.
milled ender § 35. The Secretary may pant permission whrnn rr he finds that:
•(a) The contractor. subcontractor. or soar affiliated perwsn don not make a profit or benefit dieclly m indirectly from
the deduction either in the form of a commission. dividend, or otherwise:
(b) The deduction is not othrrwise prohibited by Isw; lu
(c) The deduction is either (1) voluntarily contented to by the cmplocre in -riling and in advance)of the period in which
' - the work a to be done and such consent is not a condition either for the obtaining of ernpinvmenl or its rontinuanoc. or (2)
provided for in a bon. fide collective bargaining agreement between the contractor or subcontractor and irepretarntatives of its
employe": and
(d) The deduction sense the eunrenknce and interest of the employee.
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Section 3.8 Action by the Secretary of Libor upon applications.
' The Secretary of 1. for shall decide whether nor not the requested deduction is pnmk isle under pmviriona of § 3.6:
and they notify the applicant in writing of We decision.
Section 3.9 Prohibited payroll deductions. !(
' - Deduction. not elrewhere provided for by this pare and which are not found to be permiuibb under § 3.6 are prohihit•d.
Section 3.10 Methods of payment of wage.
I.
The payment of wagr. shall be by crab, negotiable intwnenta pis able on demand, or the additinnai forms of cong.cnu.
tion for which deductions are permiuible under this pact. No ollwr methods of payment .hall be rvtupnized on wnrk subject
to the Copeland Act.
Section 3.11 Regulations past of contract.
Ali contracts made with respect'to the eonenuction, proseru&,n, completion, or repair of am' pudic bnildinp or politic
work cc building or work financed in whole or in pan by loan. or grants Cron, the United States covered by Ilse rtgulations in
' lids port sisal] et prcely bind the contractor or subcosdtacloc to comply with such of the regulat ioAn in this put al may be .p
pliable. In this regard. sec § 5.5(s) of this subtitle.
.111111111
Fibi.t
.tom
Section 3.7 Applications for the approval of the Secretary of Labor.
Any applk.!ion for the mating of payroll deductions under § 3.6 dull comply with Ilse rrgµormont pr t o it d n, the
following par.wrrgdes of Ili. we! oo: '
(a) The ap1Jia tion Dull he in writing rid dull be .ddrr ✓ed to IliSeurury of I.rhor..
(b) The appl'ahon shill identify Ilse roni tart or contra t. under w I,irh the work in qunl inn]' is to be per(onn.-J. rcr-
m�almh will be gii rim for deduction. only on specific, identified contract, everpl upon a almwinp oft' ceptinntl urns hmtaeers.
(c) The application ah.li Nate dfinn ii rely that there is compliance willi the .tandnJs r) forth in the r°' 'blip of
3.6. Tilt affirmation shall be xmmpanird by a full statement of Ilse (trip indicating sue), rompli once.
(d) The spplir.1 ion shill include a description of the pmt ed drat utlioil. the purpoa to be served there hr. slid the
dare. of laborers or mechanics from wlwu waper the propr ed deduttiun would he made.
(e) The spplitatnn shall slate the name and bnnincu of anv third person to whom any funds obtained from the two.
posed deductions are to be tranunitted slid the affiliation of such prison, if any, with the applionl.
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1 HUD 1t738-S(R)
' 10-13
FAYETTEVILLE,
ARKANSAS
P.O. DRAWER F • 72701 [501) 521-7700
April 25, 1980
Northwest Engineers
505 West Ash
Fayetteville, Arkansas 72701
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,
RICHARD E. MASON, Director
Community Development Department
REM:sc.
Enc.
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10'16
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 froth Huntsville
Road to Rock Street:
1) Install approximately 36 lineal feet of 15 inch 0
RCP culvert, 332 lineal feet of 15. inch 0 CMP cul-
vert, 65 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.
I2) 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 andmiscellaneous items.
Contract Section II - Sidewalk and Storm Drainage along
'the South South.side of Rock Street from Mill Street to Willow Avenue:
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 bridge across the existing
drainage course. midway between Willow Avenue and
Mill Street.
3) Construct approximately 1,540 sq.. ft. of concrete
sidewalk with intergal curb and 60 sq. yd. of con-
crete pavement widening with other appurtenances and
miscellaneous items.
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.
11-1
4
I1
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 side of National Street from Dunn Avenue,to Government
Avenue and along the West side of Government Avenue from National
Street to U. S. Highway 62 (6th St.):
I. 1) Install approximately 160 lineal feet of 18 inch 0
CMP culvert, 128 lineal feet of 18 inch 0 RCP culvert,
' S 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 pl CMP culvert, 2
' curb inlets and other appurtenances.
2) Construct 402 lineal feet of concrete retaining wall.
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-
able 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.
11-2
H
3. Lands and Rights -of -Way. All construction of. this project is
to be performed within dedicated street rights -of -way. Any ad-
ditional temporary construction easements necessary for the com-
pletion.of the project 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 that may 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
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
'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
corrugated steel pipe with 2 2/3 inch x 1/2 inch corrugation
t
and banded couplings.
F. Concrete. All concrete used in the construction of the various
I. itemsf this project shall be Portland Cement Concrete with
a minimum of 5.5 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.
1 -
P1
L
' G. Concrete Joints. 1/2 inch premolded expansion: joints shall
' be 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 ection 80-4 of the Standard Specifications.'
I. Guard Rails. 12 inch steel "Deep Beam" type guard rails
' shall 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-
' misted 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.
I.
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 -seed free, 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 of 10 pounds 100 square years.
I
1
' 11-4
L
' 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 but is 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.
L
I
I
I
n
I
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 site
and disposed
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 9S% 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.
ET
12-1
7.
• 3. Curb Inlets, junction boxes, and headwalls shall be of the
sized 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
I.. 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
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.
I
Payment for Yard Drains will be made at the unit price bid per
Yard Drain installed.
5. Concrete. Retaining Walls 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 -
I: dude all cost for labor, materials, forms, excavations, and
backfill necessary to complete construction.
I.
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 911. Prior to con-
strutting 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 he structurally sound; in
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,
12-2
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-
' merit, 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-
' cess.ive lifts.
Payment for SB-2 base material will be made at the unit price
bid per ton of .SW -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
12-3
I.
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.
I. 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-I. .
tion. All residential driveways and sidewalks shall be
replaced. with 4 inch concrete (Type "B" sidewalk) and corn-
-
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.
I. 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 an area so .that the various utility owners may
more accurately locate their existing facilities. It will
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
I.
' 12-4
I
' the existing street or planned street widening. In some
instances this may not he possible due to.the- expense of
• relocating existing utilities, in which case changes will
• be made in the planned alignment and grade.
1
i
1
•
12 5