HomeMy WebLinkAbout80-80 RESOLUTION1
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RESOLUTION NO. J6-37()
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH MCCLINTON ANCHOR COMPANY FOR
IMPROVEMENTS TO SOUTH BLOCK AVENUE AND 13th STREET
UNDER THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM.
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 McClinton Anchor Company
for improvements to South Block Avenue and 13th Street under
the City's Community Development Block Grant Program. A copy
of the contract authorized for execution hereby is attached
hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this day of
APPROVED:
*-er 7°4
synt,e
TTE Z
t ry
i T A
=4✓J -_ CIT Y:GLERK
444
'cy
1980.
MICROFILMED
CERTIFICATE OF RECORD
State of Arkansas ( SS
City of Fayetteville (
I, Bonnie Goering, City Clerk and Ex -Officio
recorder for the City of Fayetteville, do here-
by certify that the annexed cr foregoing i5
of record in my office and the same ap-
pears in Ordinance et Resolution book
t page Witness my
hand and sea thiss
� --day of
19_10„
City Clerk and Ex -O -f
11f111111III(IIIIhlIIiIIIIIIln1111111Nl11111111
"STREET, DRAINAGE, AND P
IMPROVEMENTS"
COMMUNITY DEVELOPMENT DEPARTMENT
City of Fayetteville, Arkansas
PROJECT NO. 7802 -WP
IUIIIIIIIIIUIIIIIIIIIIIIIIIIIl iIIIUIIUllII IITUIIJIIIiIIIIUIllUIUIN
•
FRED. S. JAMES & CO. OF ARKANSAS, INC. 1220 West Third Street Little Rock, Arkansas 72203 5011376-6651
We,
ARKANSAS STATUTORY PERFORMANCE & PAYMENT BOND -
MCCLINTON—ANCHOR CO. DIVISION OF ASHLAND—WARREN, INC.
as Principal, hereinafter called Principal, and
INSURANCE COMPANY OF NORTH AMERICA
as Surety, hereinafter
called Surety, are held and firmly bound unto
CITY OF FAYETTEVILLE, ARKANSAS
as Obligee, hereinafter called Owner, in the amount of TWO HUNDRED EIGHT THOUSAND NINE
HUNDRED FORTY TWO AND 85/100 Dollars($ 208,942.85 ),
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 Owner for STREET, DRAINAGE & PARKING LOT -IMPROVEMENTS
COMMUNITY DEVELOPMENT PROJECT #78-02—WP, BLOCK AVENUE, 13TH STREET,
AND WALKER PARK PARKING LOT
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
The condition of this obligation is such that If the principal shall faithfully perform the Contract on
his part and shall fully Indemnify and save harmless the Owner from all cost and damage which he
may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and
expense which the Owner may incur in making good any such default, and further, that If the
Principal shall pay all persons all indebtedness for labor or materials furnished or performed under
said contract falling which such persons 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; otherwise It shall remain In full force and effect.
No suit, action or proceeding shall be brought on this bond outside 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.
Any alterations which 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, or any other
forbearance on the part of either the Owner or the Principal to the other shall not in any way release
the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representa-
tives, successors, or assigns from their liability hereunder, notice to the Surety or Sureties of any
such alteration, extension or forbearance being hereby waived.
In no event shall the aggregate liability of the Surety exceed the sum set out herein.
This bond is given in compliance with act 351 of 1953 as amended.
18th day of
Executed on this
August
19 80
:47 '(�!
let,(�
1-war'C_ +Fj_
MCCLINTON-ANCHOR=.CO_zY:
DIVISION OF ASHLAND -WA
rincip 1
REN: n 5
z.
Y N`7i `1 1:r
"ati .i
JCOMPANY OF. NORTHi.3AM RICA,,
INSURAN
y
Attorney-in-fact
Jack East, Jr.
• eie.iai:11•178
•
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I'
POWER OF ATTORNEY
INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA, PA.
Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA,
a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia,
Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors 'of the said Company
on May 28, 1975, to wit: •
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of
bonds, undertakings, recognizances, contracts and other writings in the nature thereof:
(11 That the President, or any Vice -President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute fot
and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the
same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the
Company affixed thereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident
Assistant Secretaries and Attorneys -in -Face to so execute or attest to the execution of all such writings on behalf of the Company and
to affix the seal of the Company thereto.
(2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed
by the President and attested by the Secretary.
(31 The signature of the President or a Vice -President and the seal of the Company may be affixed by facsimile on any power of
attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by.
facsimile to any certificate of any such power, and any such power or certificate hearing such facsimile signature and seal shall be valid
and binding on the Company.
(4) Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the
Company. and any affidavit or record of the Company necessary to the discharge of their duties. .
15) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on lune 9,
1953."
does hereby nominate, constitute and appoint JACK EAST, JACK EAST, JR. JAMES E. DANIEL,
DONALD R. HENDERSON and JUDY FRANKS, all of the City of Little Rock, State of
Arkansas
, each individually if there be more than one named,
its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed
any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the'
execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully
and amply as if they had been duly executed and acknowledged by the regularly elected officers of the
Company at its principal office.
IN WITNESS WHEREOF, the said C.,..DANIEL.DRAKE , Vice -President,
has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF
NORTH AMERICA this let day of July 19 7fi
INSURANCE COMPANY OF NORTH AMERICA
(SEAL)
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
by CP. DANIEL..DRUZ
Vice -President
On this lac day of JtaY , A. D. 19 76 , before me, a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came
C.....DANIEL..D.M , Vice -President of the INSURANCE
COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding
instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the
corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and
direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to
in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia,
the day and year first above written.
19AURZEN SCHELI �y
Pes'u` i Notary:P.blic.
AMERICAdo hereby certify that
w, ii in' full force and effect.
affixecPthekoiporate seal
commission expires Auml1stt 13 11979
undersigned, Assistant Secretary of INSURANCE COMPANY OF NORTH
OWER OF ATTORNEY, of which the foregoing is a full, true and correct
ness whereof, I have hereunto subscribed my name as Assistant Secreta
ation, this day of
II
SEI -IC 7/75 Printed In U.S.A.
r--
ssistant Secretary
t
1
C`lIhis is 1n (Clet-tifn to
INSURANCE COMPANY OF NORTH AMERICA
CERTIFICATE OF INSURANCE
Community Development Department
City of Fayetteville'
Fayetteville, AR 72701
that •the following described policy or policies, providing insurance only for hazards checked by "X" below, have been issued to:
McClinton -Anchor Co.
P.O. Box 1367
Fayetteville, AR 72701
covering in accordance with the terms thereof, at the following location(s):
Name and Address
of Insured—
Contractual Footnote: Subject to all the policy terms applicable, specific contractual liability coverage
order agreements / ❑ all contracts (check applicable blocks) between the Insured and:
s provided as respects ❑ a contract / ❑ purchase
Name of Other Party'
Dated (if applicable): Contract No. (if any)'
Description (or Job). Block Ave., 13th St . , Walker Park Parking Lot
,T1»SURANCN COMPANOF AIORTH AMERICA
` E.
01
It is the intention of the company that in the event of cancelation of the
policy or policies by the company, ten (10) days' written notice of such
cancelation will be given to you at the address stated above.
LC -354d
1. ORIGINAL
A thorized Representative
(OVER)
TYPE OF POLICY
HAZARDS
POLICY NUMBER
POLICY PERIOD
LIMITS OF LIABILITY
(al
Standard Workmen's
12-1-79/80 6 Renewals
Statutory W. C.
Compensation &
x
RSC–C14840953
thereof to
$ 500,000 One Accident and
Employers' Liability
-
12-1-82
Aggregate Disease
(b)
General
Premises
-
Liability
Operations,
(Including
$ Each Person
)
"Incidental Contracts" as defined
X
on reverse of this form)
' Elevators
2
X
LAB 2 52 16
12-1-79/80
$ 1,000,000 Each ❑Accident
El Occurrence
p Independent Contractors
X
& Renewals
oCAL
m Completed Operations/Products
x
22 60 25
thereof to
de-
12-1-82
$ 2,000,000 Aggregate–Completed
Contractual, (Specific type as
scribed in footnote below)
Operations/Products
Premises Operations, (Including
"Incidental Contracts" as defined
a, on reverse of this form)
F
x
❑
$ 1,000,000 Each 0 Accident
2 Occurrence
o` Elevators
X
LAB 2 52 16
12-1-79/80
$ 2,000,000 Aggregate—Prem./Oper.
2 Independent Contractors
& Renewals
$ 2,000,000 Aggregate—Protective
22 60 25
to
$ 2,000,000 Aggregate—Completed
a Completed Operat ions/ProductsCAL
x
thereof
Operations/Products
L
12-1-82'
Contractual, (Specific type as de-
scribed in footnote below)
X
$ 2,000,000 Aggregate—Contractual
(c)
Automobile
Owned Automobiles
Liability
n
LAB 2 52 16
12-1-79/80
$Each Person
09 •Hired Automobiles
& Renewals
❑ Accident
$ 1,000,000 Each
® Occurrence
thereof to
co
x
22 60 25
Non -owned Automobiles
CAL
12-1-82
Owned Automobiles
X
LAB 2 52 16
12-1-79/80
0 Accident
$ 1,000,000 Each
t o
of Hired Automobiles
❑
& Renewals
® Occurrence
noNon-owned Automobiles
X
CAL 22 60 25
thereof to
12 1 82
(d)
Contractual Footnote: Subject to all the policy terms applicable, specific contractual liability coverage
order agreements / ❑ all contracts (check applicable blocks) between the Insured and:
s provided as respects ❑ a contract / ❑ purchase
Name of Other Party'
Dated (if applicable): Contract No. (if any)'
Description (or Job). Block Ave., 13th St . , Walker Park Parking Lot
,T1»SURANCN COMPANOF AIORTH AMERICA
` E.
01
It is the intention of the company that in the event of cancelation of the
policy or policies by the company, ten (10) days' written notice of such
cancelation will be given to you at the address stated above.
LC -354d
1. ORIGINAL
A thorized Representative
(OVER)
•
INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA PENNSYLVANIA
Proposal or Bid Bond
KNOW ALL MEN BY THESE PRESENTS, THAT WE
MCCLINTON—ANCHOR COMPANY, DIVISION OF ASHLAND—WARREN, INC.
as principal, and the INSURANCE COMPANY OF NORTH AMERICA, a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, having its principal place of business at Philadelphia, Pa., as surety, are held
and firmly bound unto
CITY OF FAYETTEVILLE, ARKANSAS
as obligee, in the penal sum of FIVE PER CENT OF AMOUNT BID
DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
SIGNED, sealed and dated this 29th day of July A. D 19 80
WHEREAS, the said principal is herewith submitting proposal for
STREET, DRAINAGE & PARKING LOT IMPROVEMENTS, COMMUNITY DEVELOPMENT
PROJECT #78 -02 -WP, BLOCK AVENUE, 13TH STREET & WALKER PARK PARKING
LOT
' THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the
contract, the said principal will within the period specified Therefor, or, if no period be specified, within ten (10) days
after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this
obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money
between the amount of the bid of the said principal and the amount for which the obligee may legally contract with
another party to perform the work if the latter amount be in excess of the former; in no event shall the liability hereunder
exceed the penal sum hereof.
PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any suits at law or proceedings in equity
brought or to be brought against the Surety to recover any claim hereunder must be instituted and service had upon the
Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee.
McCLINTON—ANCHOR COMPANY, DIVISION OF
ASHLAND—WARRENS INC. •
SS -1946 PRINTED IN USA.
BY:
)effia.
I URANCE COMPANY OF NORTH AMERICA
S
Attorney -in -Fact
•
•
POWER OF ATTORNEY
•
anti INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA, PA.
Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA,
a corporation of the Commonwealth o Pennsylvania, having its principal office in the City of Philadelphia,
Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors bf the said Company
on May 28, 1975, to wit:
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of
bonds, undertakings, recognizences, contracts and other writings in the nature thereof:
111 that the President, or any Vice -President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute for
and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the
same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the
Company affixed (hereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident
Assistant Secretaries and Attorneys -in -fact to so execute or attest to the execution of all such writings on behalf of the Company and
lo affix the seal of the Company thereto.
(2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed
• by the President and attested by the Secretary.
(3) The signature of the President or a Vice -President and the seal of the Cornpany may be affixed by facsimile on any power of
attorney granted pursuant to this Resolution, •and the signature of a certifying officer and the seal of the Company may be affixed by,
facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid
and binding on the Company.
(4) 'Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the
Company, and any affidavit or record of the Company necessary to the discharge of their duties.
ISI The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9,
1953."
•
does hereby nominate, constitute and appoint JACK EAST, JACK EAST, JR. JAMES E. DANIEL,
DONALD R. HENDERSON and JUDY FRANKS, all of the City of Little Rock, State of
Arkansas
•
, each individually if there"be more than one named,
its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed
any and all bonds. undertakings, recognizances, contracts and other writings in the nature thereof. And the
execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully
and amply as if they had been duly executed and acknowledged by the regularly elected officers of the
Company at its principal office.
IN WITNESS WHEREOF, the said C....DANIEL._DRAKE , Vice -President,
has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF
NORTH AMERICA this lat day of July 19 76
INSURANCE COMPANY OF NORTH AMERICA
!SEAL by.......C.....DANIEL ..DRAKE
STATE Of PENNSYLVANIA
COUNTY OF PHILADELPHIA [ ss.
On this 18.t• day of Joky A. D. 19 76 , before me, a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came
CA. ..DANIEL ..DRAKE , Vice -President of the INSURANCE
COMPANY or NORTH AMERICA to me personally known to be the individual and officer who executed the preceding
instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the
corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and
direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to
in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia,
the day and year first above written.
Vice -President
j�rESTA• Jam\ Notary Public.
commission expires August 13 19
7.9 undersigned, Assistant 5ecretar? of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that
al� 11OWER OF ATTORNEY, of which the foregoing' is a full, true and correct is in full force and effect.
tness whereof, I have hereunto subscribed my name as Assistant Secretafy an affixed the corporate seal
ration; this 29th day of r
NAUREEN. _S CIIET�I.
sa It 7n5 Printed In U.S.A.
ssistsnt Secretary
•
..14/0th ' ..//f&iauid
AR. R.L.S. NO. 649
AR. P.E. NO. 3825
OKLA. P.E. NO. 10740
OKLA. R.L.S. NO. 1038
.A.Mo7/a,w< c . Ars soc .e, Ste:
c0izythar/i5 and tkini fyily
205 WEST CENTER
FAYETTEVILLE. ARKANSAS 72701
(501) 4434724
•
•
00u✓r/aSC 5ifli5Ioui.
AR. R.I.S. NO. 852
MO. R.L.S. NO. 1816
July 25, 1980
AMENDMENT TO PLANS & SPECIFICATIONS
For
COMMUNITY DEVELOPMENT DEPARTMENT
PROJECT NO. 780244P
Re: Storm Sewer Secifications
To All Bidders:
All plans and specifications for said project shall be changed and/or
amended to requirethe following specifications for storm drainage pipe:
1. Corrugated metal pipe up thorugh 2411 shall be 16 ga. under
streets and 18 ga. other places.
2. Corrugated metal pipe over 2411 shall be 14 ga. under streets
and 16 ga. other places.
3. All corrugated metal pipe shall be asphalt (bituminous) coated.
•
/� t C, �) `%/i
Melvin L. Milholland, P.E.
Project Engineer
cc: Mr. Richard Mason, Director
C -D Department
MLM/cdw
•
•
•
Akkih..r J1d404601
AR. R.L.S. NO. 648
AR. P.E. NO. 3825
OKLA P E NO. 10740
OKLA. R.L.S. NO. 1038
Number Two
Re:
✓11i/luo/111/1 / 8c ✓tsrrialrs,�icG
viyarec wy and JwvJ Jii/9
205 WEST CENTER
FAYETTEVILLE. ARKANSAS 72701
(501) 443-4724
July 28, 1980
AMENDMENT TO SPECIFICATIONS
For
COMMUNITY DEVELOPMENT DEPARTMENT
PROJECT NO. 7802 -WP
"ALTERNATE PROPOSALS" Summary Page and
"SUMMARY OF BID" Page
•
:ogyhJ 47 malwW
AR. R.I.S. NO. 852
MO. R.L.S. NO. 1816
To All Bidders:
All specifications for said project shall be changed and/or amended on
said pages as follows:
ALTERNATE PROPOSALS - (Paragraph 4)
"The bidder agrees that this bid shall be good and may not be
withdrawn for a period of 30 calendar days after the scheduled
closing time for receiving bids."
SUMMARY OF BID - (Paragraph 3)
"The bidder agrees that this bid shall be good and may not be
withdrawn for a period of 30 calendar days after the scheduled
closing time for receiving bide."
•
Melvin L. Milholland, P.E.
Project Engineer
cc:
Mr. Richard Mason, Director
C -D Department
MLM/cdw
•
•
itaiwz1
AR. R:L.S. NO. 648
AR. P.E. NO. 3825
OKLA. P.E. NO. 10740
OKLA. R.L.S. NO. 1038
✓iitizo// nd (Co Assockutee, ?& '.
&ytureew y andjiww ij»y
205 WEST CENTER
FAYETTEVILLE. ARKANSAS 72701
(501) 443-4724
July 28, 1980
ADDENDUM NO. 1 TO SPECIFICATIONS
For
COMMUNITY DEVELOPMENT DEPARTMENT
PROJECT NO..7802-WP
Mmol
Re: 'Page 10 "Bid For Unit Price Contracts"
•
•
Qouy/ae' ✓ %fila y
AR. R.L.S. NO. 852
MO. R.L.S. NO. 1816
To All Bidders:
All specifications for said project shall have the following amounts
added and/or addended to the described sentences:
•
"in
the
written "Notice to Proceed" of the Owner and to fully complete
project within 180 consecutive calendar days thereafter..."
"Bidder further agrees to pay as liquidated damages, the sum of
$ 100.00 for each consecutive calendar day thereafter..."
cc: Mr. Richard Mason, Director
C -D Department
•
MLM/cdw
•
Kelvin L. Milholland, P.E.
Project Engineer
•
•
•
•
"STREET, DRAINAGE, AND PARKING LOT IMPROVEMENTS"
For
COMMUNITY. DEVELOPMENT DEPARTMENT
CITY OF.FAYETTEVILLE, ARKANSAS
PROJECT NO. 7802 -WP
•
PROJECT LOCATION:
Block Avenue
13th Street
"Walker Park" Parking Lot
COMMUNITY DEVELOPMENT DEPARTMENT
DIRECTOR: Mr. Richard Mason.
ADDRESS: P.O. Drawer "F"
530 North College Avenue
Building "B"
Fayetteville, Arkansas 72701
TELEPHONE: 501-442-6657
MILHOLLAND ENGINEERING AND SURVEYING COMPANY
ENGINEER: Mr'. Melvin L. Milholland, P.E.
ADDRESS: 205 West Center Street
Fayetteville, Arkansas 72701
TELEPHONE: 501-443-4724
•
•
T A BLE OF CON T' E N TS
L.
Form No.
Advertisement for Bids 4238-A
Information for Bidders 4238-8(R)
Bid Bond 4238-E
Bid for Unit Price or Lump Sum Contracts 4238-D
4238-C
Certification of Bidder Regarding Equal Employment Opportunity 4238 -CD -1
Certification by Proposed Subcontractor Regarding Equal Employment
Opportunity
•
Certification of Bidder Concerning Labor Standards & Prevailing
Wage Requirements
Certification of Proposed Subcontractor Concerning Labor Standards
and Prevailing Wage Requirements
4238 -CD -2
1412
1422
Contract 4238-F
Bonding and Insurance Requirements (For Recipient Information Only) FMC 74-7
(B)
Performance & Payment Bond (In Conformance with State Law)
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 --Part 8
Supplemental General Conditions - Certification of Compliance with Air
and Water Acts Part 9
Supplemental General Conditions - Special Conditions Pertaining to
Hazards Part 10
Federal Wage Decision, Minimum Wage Rates
State Wage Determination, Minimum Wage Rates
Technical Specifications
F
U.S. DEPARINENI' OF HOUSING AND URBAN DEVELOPMENT •
ADVERTISEMENT FOR BIDS
IltD-4238-A
(5-6G)
Project No. 7802 -WP
City of Fayetteville, Arkansas
(Owner)
Separate sealed bids for Street Drainage, & Parking Lot Improvements for
City of Fayettcville,_Arkansas
will be received by Community Development Department, City of Fayetteville, Ar.
at the office of Cpmmunity Development Department, 530 N. Collue, Fayetteville
until 10:00 o'clock A.M. D.S.T., July 30, 1980, and then at said office pub-
licly opened and read aloud.
The Information for Bidders, Form of Bid, Form of Contract, Plans, Speci-
fications, and Forms of Bid Bond, Performance and Payment Bond, and other con-
tract documents may be examined at the following:
Milholland Engineering and Surveying Compeny, 205 West Center Street,
Fayetteville, Arkansas.
•
Copies may be obtained at the office of Milholland Engineering &.Surveyin8
located at 205 West Center Street, Fayetteville, Arkansas upon payment of $30.00
for each set. Any unsuccessful bidder, upon returning such set
promptly and in good condition, will be refunded $00.00 , and any non -bidder
upon so returning such a set will be refunded $00.00
The Owner reserves the right to waive any informalities or to reject any
or all bids.
Each bidder must deposit with his bid, security in the amount, form and
subject to the conditions provided in the Information for Bidders.
Attention of bidders is particularly called to the requirements as to con-
ditions of employment to, be observed and minimum wage rates to be paid under
.the contract.
No bidder may withdraw his bid within 30 days after the actual date of
the opening thereof.
-2-
(Richard Mason, C -D Director)
•
U.S. DEPARiM7•:N'I' OF IIOUSJN'I ANI) URIAN DEVELOPMENT
HUD -4238-11(R)
INFORMATION FOR BIDDERS
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 Community Development Department until 10:00
o'clock (A.M. er,7ugy )OQWQ4D.S.T.) July 30 ,1980 , and then at said
office publicly opened and read aloud. The
be sealed, addressed to Mr. Richard Mason,
(530 N. College, Fayetteville)
at P.O. Drawer "F," Fayetteville, Arkansas
envelopes containing the bids must
Director, Community Development Dept,
72701 and designated as Bid for
"Streeti,Drainage, & Parking Lot Improvements"
The Owner may consider informal any bid not prepared and submitted in accord-
ance with the provisions hereof and may waive any informalities or reject any
and all bids. Any bid may be withdrawn prior to the above scheduled time for
the opening of bids or authorized postponement thereof. Any bid received after
the time and date specified shall not be considered. No bidder may withdraw a
bid within 30 days after the actual date of the opening thereof.
2. Preparation of Bid
Each bid must be submitted on the prescribed form and accompanied by Cert-
ification by Bidder Regarding Equal Employment Opportunity. Form HUD -4238 -CD -1.
All blank spaces for bid prices must be filled in, in ink or typewritten, in
both words and figures, and the foregoing Certification must be fully com-
pleted and executed when submitted.
Each bid must be submitted in a sealed envelope bearing on the outside the
name of the bidder, his address, and the name of the project for which the
bid is submitted. If forwarded by mail, the sealed envelope containing the
bid must be enclosed in another envelope addressed as specified in the bid form.
3. Subcontracts
The bidder is specifically advised that any person, firm, or other party to
whom it is proposed to award a subcontract under this contract --
a. Must be acceptable Lo the Owner after verification by the IIUD Area
Office of the current eligibility status, and,
b. Must submit Form HUD -4238 -CD -2, Certification by Proposed Subcon-
tractor Regarding Equal Employment Opportunity.
Approval of the proposed subcontract award cannot be given by the Owner unless
and until the proposed subcontractor has submitted the Certifications and/or
other evidence showing that it has fully complied with any reporting require-
ments to which it is or was subject.
IF
Telegraphic Modification
Any bidder may modify his bid by telegraphic communication at any time prior
to the scheduled closing Lime for receipt of bids, provided such telegraphic
communication is received by the Owner prior to the closing time, and,
provided further, the Owner is satisfied that a written confirmation fo the
telegraphic modification over the signature of the bidder was mailed prior
to the closing time. The telegraphic communication should not reveal the bid
price but should provide the addition or subtraction or other modification
so that the final prices or terms will not be known by the Owner until the
sealed bid is opened. If written confirmation is not received within two
days from the closing time, no consideration will be given to the telegraphic
modification.
5. Method of Bidding
The Owner invites the following bid(s):
"Street, Drainage, and Parking Lot Improvements"
•
6. Qualifications of Bidder
The Owner may make such investigations as he deems necessary to determine the
ability of the bidder to perform the work, and the bidder shall furnish to
the Owner all such information and data for this purpose as the Owner may request.
The Owner reserves 'the right to reject any bid if the evidence submitted by,
or investigation of, such bidder fails to satisfy the Owner that such bidder
is properly qualified to carry out the obligations of the contract and to
complete the work contemplated therein. Conditional bids will not be accepted.
7. Bid Security
Each bid must be accompanied by cash, certified check of the bidder, or a bid
bond prepared on the form of bid bond attached hereto, duly executed by the
bidder as principal and having as surety thereon a surety company approved by
the Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds
will be returned to all except 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
contract and bonds required within 10 days after he has received notice of the
acceptance of his bid, shall forfeit to the Owner, as liquidated damages for
such failure or refusal, the security deposited with his bid.
9. Time of Completion and Liquidated Damages
Bidder must agree to commence work on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project
within 780 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.
r
•
•
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 outthe provisions of his contract.
Insofar as possible the.contractor, in carrying out his work, must employ
such methods or means as will not cause any interruption of or interference
with the work of any other contractor.
11. Addenda and Interpretations
No interpretation of the meaning of the plans, -specifications or other pre-
bid documents will be made to any bidder orally.
Every request for such interpretation should be in writing addressed to
Milholland Engr.. & Surv. Co. at 205 W. Center, Fayetteville, Ar. 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
specifications which, if issued, will be mailed by certified mail with return
receipt requested to all prospective bidders (at the respective addresses fur-
nished for such purposes), not later than three days prior to the date fixed
for the opening of bids. Failure of any bidder to receive any such addendum
or interpretation shall not relieve such bidder from any obligation under his
bid as submitted. All addenda so issued shall become part of the contract
documents.
12. Security for Faithful Performance
Simultaneously with his delivery of the executed contract, the Contractor shall
furnish a surety bond or bonds as security for faithful performance of this
contract and for the payment of all persons performing. labor on the project
under this contract and furnishing materials in connection with this contract,
as specified in the Gerneral Conditione,included herein. The surety on such
bond or bonds shall be a duly authorized surety company satisfactory to the
Owner.
13. Power of Attorney
Attorneys -in -fact who sign bid bonds or contract bonds must file with each
bond a certified and effectively dated copy of their power of attorney..
14. Notice of Special Conditions
Attention is particularly called to those parts of the contract documents and
specifications which deal -with the following:
(a)
'(b)
(c)
(d)
Inspection and testing of materials.
Insurance requirements.
Wage rates.
Stated allowances.
15. Laws and Regulations
The bidder's attention is directed to the fact that all applicable State laws,
municipal ordinances, and the rules and 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 Ridder
If at the time this contract 18 Lo be awarded, the lowest base bid submitted
by a responsible bidder docs not exceed Lite amount of funds then estimated by
the Owner as available to finance the contract, the contract will be awarded
on the base bid only. If such bid exceeds such amount, the Owner may reject
all bids or may award the contract on the base bid combined with such deducti-
ble alternates applied in numerical order in which they are listed in the Form
of Bid, as produces a net amount which is within the available funds.
17. Obligation of Bidder
At the time of the opening of bids each bidder will be presumed to have
inspected the site and to have read and to be thoroughly familiar with the
plans and contract documents (including all addenda). The failure or
omission of any bidder to examine any form, instrument or document shall
in no way relieve .any bidder from any obligation in respect of his bid.
•
•
-6-
•
•
1
•
Supplement to Form HUD-4238-B(R)
INFORMATION FOR BIDDERS
18. SAFETY STANDARDS AND ACCIDENT PREVENTION
With respect to all work performed under this contract, the contractor
shall:
•
1. Comply with the safety standards provisions of applicable laws,
building and construction codes and the "Manual of Accident Prevention in
Construction" published by the Associated General Contractors of America,
the requirements of the Occupational Safety and health Act of 1970 (Public
Law 91-596).
2. Exercise every precaution at all times for the prevention of accidents
and the protection of persons (including employees) and property.
3. Maintain at his office or other well known place at the job site, all
articles necessary for giving first aid to the injured, and shall make
standing arrangements for the immediate removal to a hospital or a doctor's
care of persons (including employees), who may be injured on the job site.
In no case shall employees be permitted to work at a job site before the
employer has made a standing arrangement for removal of injured persons to
a hospital or a doctor's care.
•
•
•
-7-
•
•
•
1
{
111111-i,j 1:{-1.
U.S DEBAI{TNIEN'1' OF IIOIISiNC AND URBAN DEVIiLOI'NENT (2_hG)
(Formerly CFA -238-E)
B1D BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and
as Surety, are hereby
held and firmly bound unto as owner
in the penal sum of
for the payment of which, well and truly to be made, we hereby jointly and sever-
ally bind ourselves, our heirs, executors, administrators, successors and assigns.
Signed, this day of
The condition of the above obligation is such that whereas the Pringipal has
submitted to a certain Bid,
attached hereto and hereby made a part hereof to enter into a contract in writing,
for the
•
NOW, THEREFOR,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver
a contract in the Form of Contract attached hereto (properly completed
in accordance with said Bid) and shall furnish a bond for his faithful
performance of said contract, and for the payment of all persons perform-
ing labor or furnishing materials in connection therewith, and shall in
all other respects perform ttie agreement created by the acceptance of
said Bid,
then this obligation shall be void, otherwise the same shall remain in force and
effect; it being expressly understood and agreed that the liability of the Surety
for any and all claims hereunder shall, in no event, exceed the penal amount of
this obligation as herein stated.
•
•
•
The Surety, for value received, Hereby stipulates and agrees that the
obligations of said Surety and its bond shill be in no way impaired or affected
by any extension of .the time within which the Owner may accept such Bid; and
said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their
hands and seals, and such of them as are corporations have caused their corporate
seals to Le hereto affixed and these presents to be signed by their proper
officers, the day and year first set forth above.
•
SEAL By:
(Principal)
(Surety)
•
•
U.S. DEPARTMENT OF HOUSING AND U1113AN DEVELOPNEN'T
BID FOR UNIT PRICE CONTRACTS
C.
Place __'eyltr �2/CAWSA$
Date p -1O
AA A Project No. 180pZ^(JP
Proposal of tCLealo►l-ANGHORCo DIUKIaN.F LAND-L(%RQn%1 Tnc_(hereinafter
called "Bidder")* a, corporation, organized and existing under the laws of the
State of �ld.P ,* a partnership, or an individual doing
business as r eRU O {a ny/
To. the C*MMUNITY a£VeLO MGM RnTMENL(hereinafter called "Owner")
FgYcrre v, LLC , ARKoINS/a s
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction
having examined the plans and specifications with related documents and the site
of the proposed work, and being familiar with all of the conditions surrounding
the construction of the proposed project including the availability of materials
and labor, hereby proposes to furnish all labor, materials, and supplies, and
to construct the project in accordance with the contract documents, within the
time set forth therein, and at Lite prices stated below. These prices are to
cover all expenses incurred in performing the work required under the contract
documents, of which this proposal is a part.
Bidder hereby agrees to commence work under this contract on or before a
date to be specified in written "Notice to Proceed" of the Owner and tofully
complete the project withinIku_consecutive calendar days thereafter as
stipulated in the specifications. Bidder further agrees to pay as liquidated
damages,. the sum of.$ O O U _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.
i -10=
HUD -4238D (2-69) Replaces CFA -238-D which is obsolete
Bidder agrees to perform all
the
work
described in the specifications
and shown
on Cite
plans, for the
following unit prices:
Item
Est,
Unil Price
..
No.
QlLy. Description
(Each)
Tolal
1
& Cents
2
_
<E�Cent.��)Dollars
Dollars & Cents
3
Dollars &
Cents
Dollars.& Cents
TOTAL OF BID
(Amounts are to be shown in both words and figures. In case of
discrepancey, 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 fin-
ished work of the several kinds called for.
Bidder understands that the Owner reserves the right to reject any
or all bids and to waive any iriformalitiles, in the bidding,
The bidder agrees that this bid shall he good and may not be with-
drawn for a period of 30 calendar days after Lite 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 delvier a
Surety Bond or Bonds as required by Paragraph 29 of the General Conditions.
The bid security attached in the sum of G�.0
($ ) is Cotbecome the property of the
-
Owner in the event the contract and bond are not executed within the
time above set forth, as liquidated damages for the delay and additional
expense to the Owner caused thereby.
Respectfully submitted: ),icttn:ITON=AHCHOR S.
p1Slof o1 Ashland wmroe, IM
By (Title)
(SEAL - if bid is by' a corporation)
'L O_ L7 Fk ETT2WW�iit 97 o /
- (Business Address & Zip Code)
HUD -4238D (2-69)
CONSTRUCTION BID ITEMS
BLOCK AVENUE
(Sta. 0 + 00 toita. 19 + 12.90)
1. Construction earthwork, in accordance with plans and speci-
fications for said project:
a. Clearing, grubbing, disposing, backfill and back -
sloping, and unclassified excavation - approx.
3855.00 C.Y. @ TW o Dottni Anrn TEN
CF.N1S ($ r`1./0 )per Lump Sum.$ biDySs D
*b. Compacted in place "Hillside" base material per
signed Truck Tickets - 1.314.00 Truck Yards @rte
DOLLARS ANO 7W&NrY-FJV6 aNIS ($ 3`) per Truck Yard.
$__ A _0-
c. Backfill and backsloping with excavated materials , in
Item "a" above, is a subsidiary item to Item "a."
2. Adjust sanitary sewer manhole ring to grade - 2 each @ TWO
(luNn►ui2 ANO TEN Duu_C,S No CENTS ($ O0 ) per each. $_c/p000
3. Remove and dispose of concrete curb and gutter 81 L.F. @ Two
ID. of=�Alo CENFS ($ .Do ) per L.F. $ 06
4. Construct reinforced concrete bridge with'walk, rails, curbs,
wing walls, and aprons per plans - 1 each @ TWrA1 y-Fuu.2
THouSBN13 ir)o ARte )tlo Ckw7S ($-2y'nnr=) per Lump Sum.$ r�y Daa,OO
5. Construct 41 wide concrete walk per plans - 827.95 S.Y. @
ELEVEN tvLLflN.e CE.NTS ($ f/, Do ) per S.Y.
$ 9;107. Ys
6. Street construction per plans:
• a. Construct standard 21 wide concrete curb and gutter -
3,786.5 L.F. @Ftmo!& DoULAgS Arch Finn C(Nrs
($ 4.So ) per L.F. $ /% d3.S
b. Construct 2" thick asphaltic cement with asphalt prime
and 4" thick compacted SB-2 base - 5,676.29 S.Y. @_
• FIVE 9dLLnnr CNh TW%A1aY-Fiyk($___�. as) per S.Y. $ a9 d j S�
C N>s ,
c. Construct 4" thick compacted SB-2 base Thirty-three feet
• (331) in width (one (1) foot outside back of curbs) -
6,931.80 S.Y. @ ONE 10 _LA2 RNQ Nihi,T'I Fn�� '. ____ ($ �. S ) per S.Y. $ 13i S/ /T� , D!
*NOTE: Truck Tickets must be signed by Engineer's representative
with date, station location, and use purpose.
(Block Avenue Bid Items continued)
7. Storm sewer construction per planes
• a. Construct reinforced concrete headwall with con-
crete apron per plans - 1 each @ $F_vEni N6'N0RE0
ANDFprK oLLA2S ida ($, r%5o.V0 ) per each. $ 7s' Co
G6NYS
b. Construct reinforced concrete drop inlets - 4 each
@ ONE TNuu aNQ Dy l Arne No PPM-rS
($ if Ocx,. 00.) per each. $ y. U00. D.O
c. Install per plans and specifications storm drainage
pipe as follows: (All metal pipe - 16 ga.)
1. 36" corrugated metal pipe - 100 L.F. @
7uiRr, DvILA0S W° C,EN7t $ 3O.00 ) per L.F.
$ 3, ooa, 00
2, 24" corrugated metal pipe - 78 L.F. @'
7W6rvT%or ,, %a ►2S No iF.ui$ .Z y, 00 ) per L.F. $ / fl�i. De
3. 29" x 18" arched corrugated metal pipe - 36 L.F.
@ TWENr'I'F/vE DgUm S u CENTS
) per L.F. $ 9'UO, oo
• d.. Construct earthen swale from headwall to existing
drainage ditch (approx. 25 L.F.) @ 71Qg Nttwp2E4
hFTY oUA12S NO GENTS($ SQ.00 ) per Lump Sum,
$ asv. o0 •*so Trench compacted SB-2 base backfill under street -
125 Tons @ 'TEA/ . Qottft J
GQ ) per Ton. $ / rJSU. UU
f. Remove and dispose of existing concrete splash pad at aS
Sta. 0 + 30 - (approx. 16 S.F.) - 1 each @ fi fi%
1DottRR.S Ills CENTS ($ .r, O.(jQ ) per each.
$ Se. oy
8. Remove and dispose of existing concrete and stone bridge at
sta, 1 + 50 - 1 each @ TN/RFE 7//&ecs4up /9A1O J /f1Y
VoLLA,u CENTS ($3f OSO. O0 ) per Lump Sum.
$3,osa•oo
SUB -TOTAL - Block Avenue__________________________________________ $ /2I. S3 "12J
*NOTE: Truck Tickets must be signed by Engineer's representative
with date, station location, and use purpose.
CONSTRUCTION RID ITEMS
"WALKER PARK" PARKING LOT
1. Construction earthwork, in accordance with plans and speci-
fications for said project:
a. Clearing, grubbing, disposing, backfill and back -
sloping, and unclassified excavation - approx.
1,345.0 C.Y. @_Two &CM4& AN1v_27Y C&M�
——) per Lump Sum. $ J_.jtO O
Ab. Compacted in place "Hillside" base material per signed
Truck Tickets - 10 Truck Yards
r,n@�}JUJ noLGAR,(-
n Tusti Y• FIVE C,EA lsl'($ _) per Truck Yard.
$ 34•S0
c. Successfully seeding and strawing, and backfill and
backsloping with excavated materials, in Item "a"
above, is a subsidiary item to Item "a."
2. Storm sewer construction per plans:
a. Construct 6" thick non -reinforced concrete drainage
ditch with flared pad - 50 L.F. @_IkP j _ olth $
ANA DTY GaA1T,5 ($ 1Z.sd ) per L.F.
3. Construct to grade X12" high curb with gutter - 480.3 L.F. @_
V .Ltr,>zs Axn fifiY Cnrrs ($ S.So ) Per L.F.
4. Construct to grade 21 wide concrete curb and gutter - ! �2-
408.8 L.F. @�p��1��91ae11��P y1�_
___($� per L.F.
5. Construct 41 wide concrete sidewalk per _
plans - 17.1 S.Y. @
E%f. 1L&.DO L z&L&./ewTS($ `boo--) per S.Y. . $ f /O
6. Construct street surface with 2" asphaltic cement with 6"
compacted SB-2 base with asphalt prime per plans and speci-
fications - 2,107.1 s.Y. @SJ1�'L�D1—GA2S 14ND Tw.ewrr-
ThkJQ-r C%NJs ($C. 023 ) per S.Y. $ %?� '7.� _
SUB -TOTAL - "Walker Park" Parking Lot----------------------------- $
*NOTE: Truck Tickets must be signed by Engineer's representative
with date, station location, and use purpose.
CONSTRUCTION BID ITEMS
13th STREET
1. Remove and dispose of existing 60 L.F. curb and gutter and
58 S.Y, of .asphalt, per plans @ Two N tnn.w g&i
lu0 CENTS ($_pQ�.b0 ) per Lump 7Sum.
Co
2. Construction earthwork, in accordance with plans and speci-
fications for said project;
a. Clearing, grubbing, disposing, backfill and back-
sloping, and unclassified excavation - approx.
1,672.0 C.Y. @ Ttye apLf.g2S RNI� Po& �_
) per Lump Sum.
• $ �/.aia.ga
*b. Compacted in place "Hillside" base material per
signed Truck Tickets - 177.0 Truck Yards @_ifga_
Yot�1►1 xWtNT�______($ 3. �5__) per Truck Yards.
c. Successfully seeding and strawing, and backfill and
backsioping with excavated materials, in Item "a"
above, is a subsidiary item to Item "a."
R •
3. Storm sewer construction per plans:
a. Construct standard reinforced concrete drop inlets -
f 3• each @_Qpjj 7Raw4Pyl4gn No
R' `-($ / O��jO_) per each.
$ O0O.00
b.. Construct standard reinforced concrete drop inlets
with surface grate per plans at Sta, 7 + 58
1 each @ THdGCSANO e G
per each, 000. oo
c. Re -channel existing earthen swale from Sta. 7 + 30
to Sta. 7 + 58 into drop inlet Qfw t,NOf3i
o FiFjY DtM1e Wo ($ • 00 ) per Lump Sum.
c6Nrs $ ≤0.00
d. Install 24" corrugated metal pipe - 447.0 L.F. @
_j 1MM-: v Qo La__($ 2 .Go___) per L.F.
No GuNi5 $ S' O0
e. Construct reinforced concrete headwall with con-
crete apron, per plans - 1 each @ s Ve N H N ORfiA
&E. __2_oLCa4s_& So.Dd_) per each. $ So.
go
(13th Street Bid Items continued)
4. Construct to grade standard 2' wide concrete curb and
gutter - 1,150.5 L.F. QEQt& 17O AOJ Ani J� zLL
CENTS �<$_____ ) per L.F. $_ C J 7 *� 2S
5. Construct to grade 12" high concrete curb with gutter -
1,112.1 L.F. @_ ,Qft_ pLL A2S A�J JtpY/ C6NrS
.56 per L.P.Ss-
6. Construct to grade 41 wide concrete sidewalk - 474.37 S.Y.
@ ELEVEN o /.A TrT�+��$1L• b0 ) per S.Y. $ S.
7. Construct street surface 2" asphaltic cement with 6" SB-2
• compacted base with asphaltic prime er plans and speci-
fications - 3,555.93 S.Y. @_'L1C olGN/lf 61" W.
•��'-----�$�'—) per S.Y.
8. Construct to grade 6" thick concrete swabs, per plans -
44.4 S.Y. @ S/XrB,En/ pGGRR3 ,q,*e fi 7 GFiNI.C /J q
-- --� per S.Y. $ / na
*9. Compacted SB-2 backfill in storm tile trenched under street -
90 Tons @ TFA/ DoGG-MS _/Vs c,ENT_1__
($JD. 00 ) per Ton. $ _LoO Qa
Gi,
SUB -TOTAL - 13th Street------------------------------------------ $ (00 22 .. 8
TOTAL CONTRACT - ("Walker Park" Parking Lot and 13th Street ONLY) -$j,50,_36
a
*N0TE: Truck Tickets must be signed by Engineer's representative
with date, station location, and use purpose.
Project No. 7802 -WP July 9, 1980
a.
ALTERNATE No. 1 - UNITS ITEMIZED:
DESCRIPTION: Re-routing storm drainage effluent at Station 15 + 75 - Block
Avenue to Station 8 + 00 - 13th Street, and then West to creek
along 13th Street.
ADDITIONS: 1. Storm sewer:
a. Enlarge concrete drop inlet at Station 15 +,75
to 6' back of curb - 1 each @ O t4
tOLLQQS, Ne1FJJTS c$ 10U. o e ) per each,
$ 100.00
b. Install 24" C.M.P. to grade per plans -,331.0 L.F.
@ TwttiTy - F O An 1)ytLA� N,b CENTS
i$ o.9. QG ) per L.F.
c. Change size of C.M.P. from 24" to 30" - Station
8 + 00 to creek along 13th Street - 384.0 L.F.
@ Two ii LCN s ANC F,try CEMTs
($_ of 5CJ ) per L.F.
d. Construct reinforced junction box to street
grade at Station 8 + 00, 13th } Street - 1 each
@ ONr TH .L CAA/, ll p A/. C&y2
" .00 ) per each.
$r2 9 0O
$ 1,OooQo
*e. Compacted SB-2 base backfill within street Right -
of -Way - 10 Ton @ TEN DctLA2S . No C`N1S
C$ ) per Ton. $ /00.00
TOTAL ADDITIONS--------------------------------------- -__ $ / J /D% 00
DEDUCTIONS: 1. Deletion of concrete reinforced headwall with concrete
apron at Station 15 + 75, Block Avenue @ S'r bE N HfnNnC4
FIFT4 DoLGw,v /IL. GFNrS <$ %50. 0 ) $ 7S -o oo
2. Deletion of earthen swale at Station 15 + 75, Block
Avenue @ rW o H aNn,Lzpo ANIZ PATV PC.u»as
l�to ce�crs c$ 8$b. oo
S �Se).00
TOTAL DEDUCTIONS------------------------------- _----- $ J,. O 0 /1., A
*NOTE: Truck Tickets must be signed by Engineer's representative
with date, station location, and use purpose.
(Alternate No. 1 - Units Itemized continued)
0
TOTAL ALTERNATE No, 1- (Addition d LESS Deductions) ----------------$ _
Date: / '-QQ' eo , 19
(SEAL - if bid is by a corporation)
7 CLNTON=ANCHOA CO,
DI4ltioii Of Ashland -Warren, JIM.
Contractor
lii L• .i. h.
Title
Project No. 1802 -WP
July 10,1980
- ALTERNATE No. 2 - UNITS ITEMIZED:
DESCRIPTIONS Widening of 13th Street from 31' to 371 back to back of curbs
from Station 0 +'60 to Station 10 + 53.
ADDITIONS: 1. Construct 1211 high curb with gutter -12 L.F. @ TID aag2S
FNQ FIFTYCFAQ ($ S.SO ) per L.F.
2. 211 hot mix asphaltic cement with 6" SB-2 and asphalt
prime - 662.0 S.Y. @S,,c DolcAt? A i,o %.1FNTY
THREE CFNrS ($ G.a3 ) per S.Y. $ y JZ2/ 2G
3. Earthwork Volume:
a. Clearing, grubbing, disposing, backfill and
backsloping, and unclassified excavation -
approx. 300.0 C.Y. @_T(,,,o Dol6NRS PAWJD
Twu (-GNI`S ($ a./O ) per Lump Sum. $ 63a. oa
b.
Backfill
and
backsloping
with excavated
materials
in Item
"a"
above, is a
subsidiary item
to Item "a."
4. Storm sewer:
a. 2411 C.M.P. - 6 L.F. @ TWEn Y 'FoN,2 e004cqz5
M 0 C $N TS ($ ttr. Pl O ) per L.F. $ 14Y. OO
TOTAL ADDITIONS----------------------'----------------------- $ % 96 4'.oi�
DEDUCTIONS S 1. 411 thick concrete sidewalk - 6 S.F. @ ELEVEN DpLLJ>es
No CENTS ($ 1l•°° ) per S.F. $ CC.00
TOTAL DEDUCTIONS---------------- ---------------------------$ CG .OG
TOTAL ALTERNATE No. 2 - (Additions LESS Deductions)nn.as $
McCLMTON—ANCHOR CO.
Division Of Ashland -Warren, Inc.
Datet /-3o— pp , 19
(SEAL - if bid is by a corporation)
�1R.F�1 fJ£Ni
Title
Project No. 7802 -WP
July 10, 1980
ALTERNATE No. 3 - UNITS ITEMIZED:
LW
DESCRIPTION: Lengthen Walker Park "Parking Lot" 189.0 L.F. to the South.
1. Construct 1211 high concrete curb with gutter - 189 L.F. @ Five
¶3oL1A2s Amt VvcTY CENTS ($ S.So ) per L.F. $ /O.91
2. Standard concrete curb and gutter - 189.0 L.F. @ Fpu/t poLGA2S
FI Fr`( C6NrS ($ W. 5n ) per L.F. oo
$ OSQ•�0
3. 2" asphaltic cement with 6rr SB-2 base and asphalt prime - 1,092.0 S.Y.
@_Stx Doling( l.oTwcNry-7NREu ($ %.a3 ) per S.Y. $
C5Arr3
'4.Earthwork Volume:
a. Unclassified excavation and grubbing - (approx.) 715.0 C.Y.
@ Two f0ol.rAQS ARID FiFrY (t NrC
($ oZ•Sa ) per Lump Sum. $ /i y�/r, .Sp
b. Backsloping back of curbs with topsoil, seeding, and strawing
shall be subsidiary to other items of this contract. $ NIt
c. Removing and disposing of trees, stumps, etc. shall be
subsidiary to Item "4a" above. $ AllC
TOTAL ALTERNATE No. 3._________________________________________________ _ - YAa.c 6
Date: 1'3C' - (O ,19____
(SEAL - if bid is by a corporation)
0
MZLIRTCP ANCHOR CO,
Dlplilori Of Athland•W&ren, Inc.
Contractor
�Q2.ES/ pENf
Title
ALTERNATE PROPOSALS: (See attached ILemired Units)
Alternate No. 1:
Add the sum of
Re-routing storm
drninage
effluent at
Station 15
+ 75,_
Block Avenue to
Station 8
+ 00. 13th
Street and
then
Alternate No. 2: Widening 13th Street from
Add the sum of
($_9,1 o y. gam_)
from back to back of
curus trom station U + bU to Station 10 + 53.
Alternate No. 3: Lengthen Walker
per plans.
____
Add the sum of
Lot" 1.89.0 L.P. to South
(s iv, t/j kE__-)
UNIT PRICES: 7uTRL {,'�,Z j}1,T5 29, yfl. ft
For changing quantities of work items from those indicated by the
contract drawings upon written instructions from the. architect/engineer,
the following unit prices shall prevail:
1.
2.
3.
The above unit prices shall include all labor, materials, bailing,
shoring, removal, overhead, profit, insurance, etc., to cover the finished
work of the several kinds called for. Changes ::hall be processed in
accordance with paragraph 17(a) of the General Conditions.
Bidder understands that the Owner reserves Lhe right to reject any
or all bids and to waive any informaliLics is Lhe biddin};.
The bidder agrees that this bid shall be good and may not be with-
drawn for a period of 4 calendar days after the scheduled closing time
for receiving bids. 30
Upon receipt of written notice of the acceptance of this bid,
Bidder will execute the formal contract attached within 10 days and
deliver a Surety Bond or Bonds as required by Paragraph 29 of the
General Conditions.
6
The bid security attached in the sum of D
($ ) 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 addi-
tional expense to the Owner caused thereby.
WtttlNMON-'ANCHOR 004
Respectfully submitted:
Of Nthland•Warten, Sac
Signature)
?2FS k ntnt i
(SEAL - if bid is by a corporation) Title)
Business Address & Zip C de)
HUD -42380 (8-66)
SUMMARY OF BID
SONE Pot sto Twcnm-oua YNotuANO FwA }1w�rA16RA TMia±yfwn
Block Avenue Construction Costs ------____ Qo W6NY1•^TOIZEE G6nl/s _
Dollar and Cents
cs�_53v.a3 _)
SIXTY rHoucsAbtn1 E,,�t HL-Monbn r inrr^SfiuB4I AL(a,
13th Street Construction Costs ------_ IIFn.L Nra
—ann - .
Dollars and Cents
7wan/Ty-oNrretnt6 o, Sty H'rvazo fi,1H1V-TIC 0ana
Walker Park "Parking Lot" Construction Costs - __N_t____l y cxq rs _-_
DoYlars and Cents
TOTAL BID J_GeIO q42 39 Ict1e21 iw.ss,+QfunTY-TirR/5E. 17c1GNet ANA) *CIAO-/Yia+6 GL,. -/3
Dollars and Cents
(Amounts are Co be shown in both words and figures. In case of
discrepancey, 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 fin-
ished work of the several kinds called for.
The bidder agrees that this bid shall be good and may not be with-
drawn for a period of *5 calendar days after the scheduled closing time
for receiving bids. 30
Bidder understands that the Owner reserves the right to reject any or
all bids and to waive any informalities in the bidding.
Upon receipt of written notice of the acceptance of this bid, bidder
will execute the formal contract attached within 10 days and deliver a
Surety Bond or Bonds as required by Paragraph 29 of the General Conditions.
The bid security attached in the sum of ___-3_O/
($_ ) is to becorik 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. McCLINTON-ANCHOR CO.
DIVIS14o 01 bahland-Wn Ind.
Respec ully submitted:
ByREd
" Title
(SEAL - if bid is by -a corporation) r�
Business Address and Zip Code)
L/CENse M. gy.. //2G
HUD -4238D (2-69)
lit D-4jJH-cl;- I
U.S I)EI'AR'1TtENT OF IIOtIS1N( ANI) URBAN 1)I•.vi: LUI'PII•:N'I'
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
Instructions
This' certification is required pursuant to Executive Order 11246 (30 F.R.,12319-25.
The implementing rules and regulations provide that any bidder or prospective
contractot,,or-any of their proposed subcontractors, shall state as an initial par'
of the bid or negotiations of the contract whether it has participated in any
previous contract or subcontract subject to the eqial opportunity clause; and,
if so', whether it has filed all compliance reports due under applicable instruc-
tions..
Where the certification indicates that the bidder has not filed a compliance
1
report due under applicable instructions, such bidder shall be required to submit
a compliance report within seven calendar days after bid opening. No contract
shall be awarded unless such report is submitted.
• CERTIFICATION BY BIDDER
MkcI NTON=ANCHOR to '
Bidder's Naive: 2111Q QiAshland-Warren, :Inc,'
Address: Q.;%0 �1 H
FAY TrVILLF 14a. •]L2o1
1. Bidder has participated in a previous contract or subcontract subject to the
Equal, Opportunity Clause. Yes V No__
• 2,..Compliance reports were required to be filed in connection with such contract
or subcontract. Yes ✓ No___ ,
3. Bidder has filed all compliance reports due under applicable instructions,
including SF -100. Yes✓ No_ None Required_
4. If answer to item 3 is "No," please explain in detail on reverse side of
this certification.
—
Certification- 'The information above is true and complete to the best of my
knowte ad belief.
gel ,�nI I 1 I - � n , •, ..
tie of Signer l.Ylease
-14-
Date
U.S. DEPAR'TMEN'T OF IIUUSING AND URBAN DEVELOPMENT
IIUD_4238-CI)-2
(2-67)
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL Et'PLOMENT OPPORTUNITY
nictnA-fOA WCHOR CO.
PIY131oi Of Ashland -Warren,, Int.
Name of Prime Contractor
Instructions
ect No.
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-2•
The implementing rules and regulations provide that any bidder or prospective
contractor, or any of their proposed subcontractors, shall state as an initial par
of the bid or negotiations of the contract whether it has participated 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 subcontractor has not filed a complian%
report due under applicable instructions, such subcontractor shall be required to
submit a compliance report before the Owner approves the subcontract or permits
work to begin under the subcontract.
SUBCONTRACTOR'S CERTIFICATION
Subcontractor's Name: __JE Ik ___D. Sty ECy,SENC-.
Address: Y. 0, �o)e J %t! _ -
I. Bidder has participated in a previous contract or subcontract to the Equal
Opportunity Clause. Yes _ No_
2. Compliance reports were required to be filed in connection with such contract
or subcontract. Yes_ d No_
3. Bidder has filed all compliance reports due under applicable instructions,
including SF -100. Yes ' No None Required ^
4. If answer to item 3 is "No," please explain in detail on reverse side of
this certification.
Certification - The information above is true and complete to the best of my
knowledge and belief.
LMSISTI LL �/f G E-?(L__(J ,
ame and Title of Signer (Please Type)
4gtC Date
-15-
!IUD_4238-CD-2
U.S. DEPAR'TMEN'T OF HOUSING AND URBAN DEVELOPMENT (1-67)
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
Nf�l7Rf0A=ANCHPR CQ� r,O-/ /�
YI%I L+bb)?nd:.yyAU&1y :06 _ _ 7/' - /. I P
Name of Prime Contractor v 1fP�rojeect No.
Instructions
This certification is required pursuant to Executive Order 11246 (30 F.R, 12319-25
The implementing rules and regulations provide that any bidder or prospective
contractor, or any of their proposed subcontractors, shall state as an initial par
of the bid or negotiations of the contract whether it has participated in any
previous contract or subcontract subject to the equal opportunity clause; and, if
so, whether it has filed all compliance reports due dnder applicable instructions.
Where the certification indicates that the subcontractor has not filed a complian.
report due under applicable instructions, such subcontractor shall be required to
submit a'compliance report before the Owner approves the subcontract or permits
work to begin under the subcontract.
SUBCONTRACTOR'S CERTIFICATION
Subcontractor's Name: LFina .CQNST12AACT1ON.'TN.G
Address:` S�lA�N. _________-
1. Bidder has participated in pprevious contract or subcontract to the Equal
Opportunity Clause. Yes // No'
2. Compliance reports werejequired to be filed in connection with such contract
or subcontract. Yes_ " No
3. Bidder has filed all com)lance reports due under applicable instructions,
including SF -100. Yes No None Required
___
4, If answer to item 3 is "No," please explain in detail on reverse side of
this certification.
Certification _ The information above is true and complete to the best of my
knowledge and belief.
Name and Title of Signer (Please Type)
-15-
U.S. DEPAR'INEN'T OF 11OUSINC AND URBAN DEVELOPMENT
Community Development flock • Grant Program
CONCERNING
CONTRAC'TOR'S CERT'IFICA'TION
OR S'T'ANDARDS AND PREVAILING WAGE
0 TO (Appropriate Recipient):
•
DATE:
•30 -t0
PROJECT NUMBER If Any):
191%-wp
miter V
1. The undersigned, having executed a contract withpg4N 7y JAFUELO t
_D &P XMSNT for the construction of the above
identified project, acknowledges that:
(a) The Labor Standards provisions are included in the aforesaid contract;
(b) Correction of any infractions of the aforesaid conditions, including
infractions by any of his subcontractors and any lower tier sub-
contractors, is his responsibility;
2. He certifies that_-- ——___---- (a) Neither lie nor any firm, partnership or association in which he has sub-
stantial interest is designated as an ineligible contractor by the Comp-
troller General of the United States pursuant to Section 5.6(b) of the
Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5) or pursuant
to Section 3(a) of the Davis -Bacon Act, as amended (40 U.S.C. 276a -2(a)),
(b) No part of the aforementioned contract has been or will be subcontracted
if such subcontractor or any firm, corporation, partnership or association
in which such subcontractor has a substantial interest is designated as
an ineligible contractor pursuant to any of the aforementioned regulatory
or statutory provisions.
3. He agrees to obtain and forward to the aforementioned recipient within ton days
after the execution of any subcontract, including those executed by his sub- _
contractors and any lower tier subcontractors, a Subcontractor's Certification
.Concerning Labor Standards and Prevailing Wage Requirements executed by the
subcontractors.
4. lie certifies that: -
(a) -The legal name and the business address of the undersigned are:
I
7�ftZHA1O�l-7f7CHOK c. R
0110n 1i Ashland-,iymren, IiG . U.e ]C
Si
(1) A SINGLE PROPRIETORSHIP
(2) A PARTNERSHIP
The name, title and aaoress or me owner, partners or
undersigned are: . .
NAME TITLE . ADDRESS
p.o. 11ox 13r. 7 -
DAUIQ C. o Gu �1OM > rr �7�ho l
-16-
A COItI'ORATION ORGANIZED IN TILE
S'I'A1'E OF,
(4) O'T[ER 'ORGANIZATION (Describe)
I.
having a substantial interest in the undersigned, and the nature of the
interest are (if none_ sn state)!
NAME
ADDRESS
NATURE OF INTEREST
NONE
ke) The names, addresses and trade classifications of all other building con-
struction contractors in which the undersigned has a substantial interest
Date '):)o '80
MtLLR�TON=ANCHOR Ca.
Aldhion O1 Ashland•Warren, Inc.
(contractor)
By �r
WARNING
U.S. Criminal Code, Section 1010, Title 18, U.S.C., provides in part: "Whoever,....
....makes, passes, utters or publishes any statement, knowing the same to be false..
....shall be fined not more than $5,000 or imprisoned not more than two years, or both.'
-17-
HUD 1421-(6-75)
U.S. DEPARINEN'T OF IIOUSING ANI) URISAN UEVIJ.OL'MI;N'1
Community Development Illock GrnnL Pro;tr:an
SUBCON'TRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS ANl) PREVAILING WAGE REQUIREMENTS
TO (Appropriate Recipient): DATE: /7.. $G
COMMUNITY IDtII�LOPMGAiT DEPT PROJECT NUMBER (If Any):
CEO '?goa- W P
PROJECT NAME: STnnnrS
1. The undersigned, having executed a contract with
(Contractor or Subcontractor)
Gf/NG&�atu
for
Sf
Wor1M/Gt'S
\watllre of Work
in the amount of $
in the construction of the above identified project, certifies
that:
(a)
The Labor Standards Provisions of The Contract For Construction are
included in the aforesaid contract.
(b)
Neither he nor any firm, corporation, partnership or association in
which he has a substantial interest is designated as an ineligible
contractor by the Comptroller General of the United States pursuant
to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5
(CFR, Part 5), or pursuant to Section 3(a) of the Davis -Bacon Act, as
amended (40 U.S.C. 276a -2(a)).
(c)
No part of the aforementioned contract has been or will be subcon-
tracted to any subcontractor if such subcontractor or any firm,
corporation, partnership or association in which such subcontractor
has a substantial interest is designated as an ineligible contractor
pursuant to the aforesaid regulatory or statutory provisions.
2. He agrees to obtain and forward to the contractor, for transmittal to the
recipient, within ten days after the execution of any lower subcontract, a
Subcontractor's Certification Concerning Labor Standards and Prevailing Wage
Requirements, executed by the lower tier subcontractor, in duplicate.
(a) The workmen will report for duty on or about
(Date)
3. He certifies that:
(a) The legal name and the business address of the undersigned are:
3E(LRY Q SwEE73C2 TNc
(b) The undersigned is: __
(1) A SINGLE PROPRIETORSHIP: (3) A CORPORATION ORGANIZED IN TILE STATE
OF: • I�2x AnrsAS _
(2) A PARTNERSHIP: (4) OTHER ORGANIZATION (Describe):
c The name, title and address of the owner, partners or officers, of the
• undersigned are: '
-18-
i
•
i, LiLI:
5E.fWfl 1iSt,ttiteg EN
?A—TurusTr 1I -s AR
The names and addresses of all other
having a substantial interest in the
struction contractors in which the undersigned has a substantial interest
ME R62Y 11 Sw- =7Sn
(Subcontractor)
By
WARNING
Pa. oX S>g
-F Eli/ta1v/
I,
persons, both natural and corporate,
undersigned, and the nature of the
Date: A- io1'O0
6a1lL E.TU,NSulLL
VICE-?2woe,y
(Typed
Name
and
Title)
U.S. Criminal. Code, Section 1010, Title 18, U.S.C., provides in part "Whoever..
....makes, passes, utters, or publishes any statement, knowing the same to be
false.......shall be fined not more than $5,000 or imprisoned not more than two
years, or both."
-19-
HUD-1422 (6-75)
U.S. DEPAR.MI;NT
OF
HOUSING
AN I)
URIiAN
DEVEL01'MEN'I'
Community
Development
Mock
Grant
1'rogra,n
SUBCON'1RACTOR'S CER'TlFICA'T10N
LABOR STANDARDS AND PREVAILING WAGE
TO (Appropriate Recipient):
C/o
1. The undersigned, having execu
TS
IDA'TE
PROJECT NUMBER If My):
PROJECT NAME: vafl7t
a contract with %7%ZU14ON?ANCHO( COQ
n Cont u ' o tor)
for C (//yG�rl� S'2GkG�l�fPlf
-- _ Nature of ork
in the amount of $
in the construction of the above identified project, certifies
that:
(a)
The Labor Standards Provisions of The Contract For Construction are
included in the aforesaid contract.
(b)
Neither he nor any firm, corporation, partnership or association in
which he has a substantial interest is designated as an ineligible
contractor by the Comptroller General of the United States pursuant
to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5
(CFR, Part 5), or pursuant to Section 3(a) of the Davis -Bacon Act, as
amended (40 U.S.C. 276a -2(a)).
(c)
No part of the aforementioned contract has been or will be subcon-
tracted to any subcontractor if such subcontractor or any firm,
corporation, partnership or association in which such subcontractor
has a substantial interest is designated as an ineligible contractor
pursuant to the aforesaid regulatory or statutory provisions.
2. He agrees to obtain and forward to the contractor, for transmittal to the
recipient, within ten days after the execution of any lower subcontract, a
Subcontractor's Certification Concerning Labor Standards and Prevailing Wage
Requirements, executed by the lower tier subcontractor, in duplicate.
(a) The workmen will report for duty on or about
(Date)
3. He certifies that:
(a) The legal name and the business address of the undersigned are:
LEOt36Titi2. CONS 1 tdAt.TJUN ;N'G' ' d,
(1) A SINGLE PROPRI$fdltSIILP:
(2) A PARTNERSHIP:
(3) A CORPORATION ORGANIZED IN.T11E STATE
or•: _
IIII(4),OTIIER ORGANIZATION (Describe):
¼c) ire name, titie ana aaaress of
the owner,
partners
or officers of the
undersigned are:
-18-
NAi rf.
1. i`YL:
AIUItP5:;
2S1.'/ SNNRON
AL LEf73> iT .R
Fveptytcc,PR . 72'701
%uI inc names ana adaresses of aii otner persons, troth natural and corporate,
having a substantial interest in the undersigned, and the nature of the
• interest are (If none so state):
NAME . ADDRESS. 1... NATURE OF INTEREST
I r• I. -
r ,
(e) The names, addresses and Ltdde classifications of all other building con-
struction contractors in which the undersigned has a substantial interest
are (If none, so state):
NAME
ADDRESS
TRADE CLASSIFICATIO
�Eo aTna% NS aAcr,QN 2/uc.
(Subcontractor)
By
Date:
PLI LRT 1). L,�ASgngg X2 s,Afw%
(Typed Name and Title)
WARNING
U.S. Criminal Code,. Section 1010, Title 18, U.S.C., provides in part: "Whoever..
....makes, passes, utters, or publishes any statement, knowing the same to be
false........shall be fined not more than $5,000 or imprisoned not more than two
years, or both."
-19-
HUD-1422 (6-75)
I
1
AGREEMENT FOR
UNIT PRICE CONTRACT
THIS AGREEMENT made this day of ,19_ by and between
McCUNTON=ANCHOR CO.
PiYislon P1 Ashland -Warren, Inc. (a corporation organized under the laws
of the state of _6L1au1t1�2� ; e-rartn.9r61dp consisting of
an t1±vidl—trading as
) hereinafter called the "Contractor," and G a 1^
(Corporate
1EMLnpMc,CI1V 41- FAYETrVYILLEARhereinafter called the "Local Public Agency."
name bf Local Public Agency)
WITNESSETH, that the Contractor and the Local Public Agency for the consid-
erations stated herein mutually agree as follows:
ARTICLE I. Statement of Work. The Contractor shall burnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment and services,
including utility and transportation services, and perform and complete all work
required for the construction of:
2
in strict accordance with the Contract Documents, including all Addenda thereto,
numbered , dated and , dated
all as prepared. by _ , acting and in
these Contract documents referred to as the "Engineer."
ARTICLE 2. The Contract Price. 'The Local Public Agency will pay the Con-
tractor for the performance of the Contract in current funds,. for the total
quantities of work performed at the unit prices stipulated in the Bid for the
several respective items of work completed subject to additions and deductions
as provided in General Conditions, Section 17 hereof.3
1 Strike out the two terms not applicable
2 Supply principal items of Contract such as Grading, Paving, Water Mains,
Sewers, etc,.
3 In the event the statutory provisions require the Contract Price to be a fixed
sum, in the absence of a Local approved form, the following text should be
substituted for Article 2:
"ARTICLE 2. The Contract Price. The Local Public Agency shall pay the Con-
tractor for the performance of the Contract, in current funds, subject to addi-
tions, and deductions as provided in General Conditions, Section 17 hereof,
the sum of Dollars ($
-20-
AICIJ.CLE' J. Cunlract.. The executed colLract ducuuuanl❑ :;hall col.VJj,l. ul Lhe
following:4
a. This Agreement C. General Conditions
b. Addenda }g. Special. Condition8'
C. Invitation for Bids It. i'cclinical Specificac'ions
• d.Instructions Lo Bidders 1. Drawing,:; (a;:' listed in Llle
e. Signed copy of Bid Schedule of Drawings)
This Agreement, together with other documents enumerated..in this ARTICLE 3, which
said other documents are as fully a part of the Contract as if hereto attached or
herein repeated, forms the Contract between the parties hereto. In the event that
any provision in any component part of this Contract conflicts with any provision
of any other component part, the provision of the component part first enumerated
in this ARTICLE 3 shall govern', except as otherwise specifically stated.
IN;WITNESS WIIEREOF,5the"parties hereto have caused this AGREEMENT to be
executed in . original copies on the day and year first above written,
(Seal)
ATTEST:
Witness
(Seal) I
Secretary
Witness
6
10. /--vx /36'7
rRy67'relli1LE Al r%? }jv/
Business Address, and Zip Code
Local Public Agency
By
1
Title .
: , ..: : I .. I ,• i . I .. I
BusincEs`Address, and Z'i Code
(Print or, type,tile names, underneath all,,,
signatures)
4 Li' sC all documents t'o Ue'incorporated.as part of the Contract." ••
•
:: . I : ... ! .. .1 . . . I .. . I . .: . .. . .. . . . . . . ,
5 The number of copies to be executed by th'e parties must lie stated in the Agree-
ment -in the space provided'.' Not' fewer' than' two copies'are regored, to be dis'
tributed one edch'to the Contractor and ''to'the Local Public Agency. Such addi-
tional signed copies shall be prepared as may be required by the surety companies
and others. All copies, including conformed copies, shall be compared and checked
before distribution.
6 Supply description of Contractor: owner, Partnership or Corporation.
2 1
--
IIIU-42 38-1
(b -6G)
CONTRACT
1111S AGREEMENT, made this 18th (lay of August _, ]9 80 a by
and between City of Fayetteville, Arkansas , herein called
Corporate Name of Owned
"Owner," acting herein through its Mayor _
Title of Authorized Official)
and
_ McClinton -Anchor Company, Division of Ashland -
STRIKE OUT (a corporation) xxxpcxxstix nhXP1)
INAPPLICABLE Qcxccxfmcrtbvcicdxxkxatt�kaxlXucgktta xxxxs
TERMS
Inc.
of Fayetteville _ , County of Washington , and State of Arkansas
hereinafter called "Contractor."
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR
hereby agrees with the OWNER to commence and complete the construction described
as follows: Street, Drainage and Parking Lot improvements
Block Avenue, 13th Street and Walker Park Parking Lot
Project #7802 -WP
• hereinafter called the project, for the sum of. Two Hundred Eight Thousand
Nine Hundred Fort Two andBS'Dollars ($ 208,942.85 Forty -Two ) and all extra work in con-
nection therewith, under the terms as stated in the General and Special Con-
ditions of the Contract; and at his (its or their) own proper cost and expense
to furnish all the materials, supplies, machinery, equipment, tools, superin-
tendence, labor, insurance, and other accessories and services necessary to Com-
plete the said project in accordance with the conditions and prices 'stated in
the Proposal, the General Conditions, Supplemental General Conditions and Special
Conditions of the Contract, the plans, which include all maps, plats, blue prints,
and other drawings and printed or written explanatory matter therof, the speci-
fications and contract documents therefor as prepared by Milholland P, Associates,
P. E. Engineers_._.. , herein entitled the Architect/Engineer.,andas
enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are
r.
made a part hereof and collectively evidence and constitute the contract.
The Contractor hereby agrees to commence work under this contract on or
before a date to be specified in a written "Notice to Proceed" of the Owner and
to fully complete the project within 180 consecutive calendar days thereafter.
The Contractor further agrees to pay, as liquidated damages, the sum of $100.00
for each consecutive calendar day thereafter as hereinafter
provided in Paragraph 19 of the General Conditions.
• -22-
The OWNER agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions, as provided in the General
Conditions of the Contract, and to make payments on account thereof as provided
in Paragraph 25, "Payments to Contractor," of the General Conditions.
IN WITNESS WHEREOF, the parties to these presents have executed this contract
in six (6) counterparts, each of which shall be deemed an original, in the year
and day first above mentioned.
Witness
(Seal)
ary
,% JI
Wi ness
By
AI 11NTOR-t&t CHOR C_
Contractor
By
Ti
R 0. ox 13GY
FAygirewag AR. 72Pai
Address and Zip Code
NOTE; Secretary of the Owner should attest. If Contractor is a
corporation, Secretary should attest.
-23-
COMMUNITY DEVELOPMENT BLOCK
GRANT REGULATIONS
FEDERAL MANAGEMENT CIRCULAR 74-7
Attachment B
BONDING AND INSURANCE
REQUIREMENTS
A State or local unit of government receiving a grant from the
Federal Government which requires contracting for construction or facility
improvement shall follow its own requirements relating to bid guarantees,
performance bonds, and payment bonds except for contracts exceeding $100,000.
For contracts exceeding $100,000, the minimum requirements shall be as
follows:
a. A bid guarantee from each bidder equivalent to five percent of the
bid price. The "bid guarantee" shall consist of a firm commitment such as
a bid bond, certified check, or other negotiable instrument accompanying a
bid as assurance that the bidder will, upon acceptance of his bid, execute•
such contractual documents as may be required within the time specified.
b. A performance bond on the part of the contractor for ].00 percent
of the contract price. A "performance bond" is one executed in connection with
a contract to secure -fulfillment of all the contractor's obligations under
such contract.
c. A payment bond on the part of the contractor for 100 percent of
the contract price. A "payment bond" is one executed in connection with a
contract to assure payment as required by law of all persons supplying labor`
and material in the execution of the work provided for in Lie contract.
-24-
U.S, DE)'.Ak'1TIEN'1UV IIUUSING AND UK RAN WVI:LUI'MEN'T
IIIIU-4Z 1R_.I
(2-66)
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned; James N. McCord
duly authorized and acting legal representative of City of Fayetteville,
Arkansas
follows:
do hereby certify as
the
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 p p power and
authority to execute said agreements on behalf of the respective parties named- "
thereon; and that the foregoing agreements constitute valid and legally binding
obligations upon the parties executing the same in accordance with terms,
conditions and provisions thereof.
Date: August 18, 1980
-25-
IIUD-42385 (It)
U.S. DEPAR''INEN'T OF HOUSING AND URBAN DEVELOPMENT
Community Development Block
Grant Program
GENERAL CONDITIONS
1. Contract and Contract Documents
The project to be constructed pursuant to this contract will be financed with
assistance from the Department of Housing and Urban Development and is sub-
ject to all applicable Federal laws and regulations.
The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1
of the Supplemental General Conditions shall form part of the 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, run-
ning headlines and marginal notes contained herein and in said documents are
solely to facilitate reference to various provision of the Contract Documents
and in no way affect, limit or cast light on the interpretation of the
provisions to which they refer.
CONT'ENT'S --
1. Contract and Contract Documents
2. Definitions
3. Additional Instructions & Detail Drawings
4. Shop or Setting Drawings
5. Materials, Services, & Facilities
6. Contractor's Title to Materials
7. Inspection & Testing of Materials
8. "Or Equal" Clause
9. Patents
10. Surveys, Permits & Regulations
11. Contractor's Obligations
12. Weather Conditions
13. Protection of Work & Property -Emergency
14. Inspection,
15. Reports, Records & Data
16. Superintendence by Contractor
17. Changes in Work
18. Extras
19. Time for Completion & Liquidated Damages
20. Correction of Work
21. Subsurface Condition Found Different
22. Claims for Extra Cost
23. Right of Owner to Terminate Contract
24. Construction Schedule & Periodic Estimates
25. Payments to Contractor
26. Acceptance of Final Payment as Release
27. Payments by Contractor
28. Insurance
29. Contract Security
30. Additional or Substitute Bond
31. Assignments
32, Mutual Responsibility of Contractors
33. Separate Contracts
34. Subcontracting
35. Architect/Engineer's Authority
**Attachment to Federal Labor
Standards Provisions
36. Stated Allowances
37. Usc of Premises & Removal
of Debris
38. Quantities of Estimate
39. Lands & Rights -of -Way
40. General Guaranty
41. Conflicting Conditions
42. Notice & Service Thereof
43. Required Provision Deemed Inserted
44. Protection of Lives & Health
45.. Subcontracts
46. Equal Employment Opportunity
47. Interest of Member of Congress
48. Other Prohibited Interests
49. Use Prior to Owner's Acceptance
50. Photographs
51. Suspension of Work
52. Minimum Wages
53. Underpayments of Wages
54. Anticipated Fringe Benefits
55. Overtime Compensation
56. Apprentices
57. Employment Prohibited
58. Compliance with Anti -Kickback Act
59. Classifications Not Listed
60. Fringe Benefits Not Expressed
61. Posting', Wnge Rates
62. Complaints, Proceedings or Testimoi
63. Claims and Disputes ,
64. Questions Concerning Regulations
65. Payrolls and Records
66. Specific Coverage
67. Ineligible Subcontractors
68. Provisions to be Included
69. Breach of Labor Standards
70. Employment Practices
71. Contract Termination; Debarment
- 2 -
2. Definitions
The following terms as used in this contract are respectively defined as
`} follows:
(a) "Contractor": ' A person, firm or corporation with whom the contract is
made by the Owner.
(b) "Subcontractor": A person, firm or corporation supplying labor and
materials or only labor for work at the site of the project for, and
under separate contract or agreement with, the Contractor.
(c) "Work on (at) the project": Work to be performed at the location of the
project, including the transportation of materials and supplies•to or
from the location of Lite project by employees of the Contractor and any
Subcontractor.
3, Additional Instruction 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 reason-
ably 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, testing and in-
stallation 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 accordance with the progress of the work.
4. Shop or Setting Drawings
The Contractor shall submit promptly to the Architect/Engineer two copies of
each shop or setting drawing prepared in accordance with the schedule pre-
determined 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 still 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 nevertheless be responsible for the accuracy of such drawings
and for their conformity to the Plans and Specifications, unless lie notifies
the Architect/Engineer in writing of any deviations 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 mat-
erials, 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.
-3-
6. Contractor's Title to Materials
No materials or supplies for the work shall be purchased by the Contractor
or by any Subcontractor subject to any chattel mortgage or under a conditional
sale contractor 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.
7. Inspection and Testing of Materials
(a) All materials and equipment used in the construction of the project shall
be subject to adequate inspection and testing in accordance with accepted
standards. The laboratory or inspection agency shall be selected by the
Owner. The Owner will pay for all laboratory inspection service direct,
and not as part of the contract.
(b) Materials of construction, particularly those upon which the strength
and durability of the structure may depend, shall be subject to in-
spection and testing to establishconformance with specifications and
suitability for uses intended.
a. "Or Equal" Clause
Whenever a material, article or piece of equipment is identified on the plans
or in the specifications by reference to manufacturer's or vendors' 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 Lhe Architect/Engineer, of equal substance
and function. It shall not be purchased or installed by the contractor with-
out the Architect/Engineer's written approval.
9. Patents
(a)
(b)
(c)
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 un-
patented invention, process, article, or appliance manufactured or used
in the performance of the contract, including its use by the Oioner,
unless otherwise specifically stipulated in the Contract Documents.
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 rea-
sonable, and paid to the holder of the patent, or. his authorized
licensee, direct by the Owner and not by or through the Contractor.
If the Contractor uses any design, device or materials covered by letters,
patent or copyright, lie shall provide for such use by suitable agreement
with the Owner of such patented or copyrighted design, device or material.
It is mutually agreed and understood, that, without exception, the
contract prices shall include all royalties or cost arising from the use
of such design, device or materials, in any way involved in the work.
The Contractor and/or his Sureties shall indemnify and save harmless
the Owner of the project from any and all claims for infringement by
reason of the use of such patented or copyrighted design, device or
materials or any trademark or copyright in connection with work agreed to
be performed under this contract, and shall indemnify the Owner for any
cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during, the prosecution of the work or after
completion of the work.
-4-
].U. Surveys, Permits, an1I liegula t'o'rn
I
Unless otherwise expressly provided for in the Specifications, the Owner will
furnish to the Contractor all surveys necessary for the execution of the wort:.
The Contractor shall procure and pay all permits, licenses and approvals
necessary for the execution of his contract.
The Contractor shall comply with all laws, ordinances, rules, orders, and
regulations relating to performance of the work, the protection of adjacent
property, and the maintenance of passageways, guard fences or other pro-
tective facilities.
lie 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 herein otherwise expressly specified, necessary or
proper to perform and complete all the work required by this contract, within
the time herein specified, in accordance with the provisions of this contract
and said specifications and in accordance with the plans and drawings covered
by this contract any and all supplemental plans and drawings, and in
accordance with the directions of the Architect/Engineer as given from time
to time during the progress of the work, lie shall furnish, erect, maintain,
and remove such construction plant and such temporary works as may be require(.
The Contractor shall observe, comply with, and be subject to all terms, con-
ditions, requirements, and limitations of the contract and specifications, 3n(1
shall do, carry on, and complete 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 material:..
against damage or injury from the weather. If, in the opinion of the
Architect/Engineer, any work or materials shall have been damaged or injured
by reason of failure on the part of the Contractor or any of his Subcon-
tractors so to protect his work, such materials shall be removed and replaced
at the expense of the Contractor.
13. Protection of Work and Property --Emergency
The Contractor shall at all times safely guard the Owner's property from
injury or loss in connection with this contract, lie shall at all times safel\
guard and protect his own work, and that of adjacent property from damage.
The Contractor shall replace or make good any such damage, loss or injury
unless such be caused directly by errors contained in the contract or by the
Owner, or his duly authorized representatives,
In case of an emergency which threatens loss or injury of property, and/or
safety of life, the Contractor will be allowed to act, without previous
instructions from the Architect/Engineer, in a diligent manner, lie shall
notify the Architect/Engineer immediately thereafter. Any claim for com-
pensation by the Contractor due to such extra work shall be promptly submitted
to the Architect/Engineer for approval.
Where the Contractor has not taken action but has notified the Architect/
Engineer of an emergency threatening injury to persons or damage to the work
or any adjoining property, he shall act as instructed or authorized by the
Architect/Engineer.
The amount of reimbursement claimed by the Contractor on account of any
emergency action shall be determined in the manner provided in Paragraph
17 of the General Conditions.,
14. Inspection
The authorized representatives and agents of the Department of housing and
Urban Development shall be permitted to inspect all work, materials, pay-
rolls, records of personnel, invoices of materials, and other relevant data
and records.
15. Reports, Records, and Data
The Contractor shall submit to the Owner such schedule of quantities and
costs, progress schedules, payrolls, reports, estimates, records and other
data as the Owner may request concerning work performed or to be performed
under this contract.
16. Superintendence by Contractor
At the site of the work the Contractor shall employ a construction'super-
intendent or foreman who shall have full authority to act for the Contractor.
It is understood that such representative shall be acceptable to the
Architect/Engineer and shall be one who can be continued in that capacity
for the particular job involved unless he ceases to be on the Contractor's
payroll.
17. Changes in Work
No changes in the work covered by the approved Contract Documents shall be
made without having prior written approval of the Owner. Charges or credits
for the work covered by the approved change shall be determined by one or
more, or a combination of the following methods:
(a) Unit bid prices previously approved.
(b) An agreed lump sum.
(c) The actual cost of:
1. Labor, including foremen;
2. Materials entering permanently into the work;
3. The ownership or rental cost of construction plant and equipment
during the time of use on the extra work;
4. Power and consumable supplies for the operation of power equipment;
5. Insurance;
6. Social Security and old age and unemployment contributions.
To the cost under (c) there shall be added a fixed fee to be agreed upon
but not to exceed fifteen percent (15%) of the actual cost of the work.
The fee shall be compensation to cover the cost of supervision, over-
head, bond, profit and ;lily other general expenses.
18. Extras
Without invalidating the contract, the Owner may order extra work or'make
changes by altering, adding to or deducting from the work, the contract sum
being adjusted accordingly, and the consent of the Surety being first obtainer'
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.completioii 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 uninterruptedly 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 indust-
rial 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 a definite and certain
length of time is fixed for the performance of any act whatsoever; and
where under the contract an additional time is allowed for the completion of
any work, the new time limit fixed by such extension shall be of the essence
of this contract. Provided, that the Contractor shall not be charged with
liquidated damages or any excess cost when the Owner determines that the
Contractor is without fault and the Contractor's reasons for the time ex-
tension are acceptable to the Owner; Provided, further, that the Contractor
shall not be charged with liquidated damages or any excess cost when the
delay in completion of the work is due:
(a) To any preference, priority or allocation order duly issued by the
Government;
(b) To unforeseeable cause beyond the control and without the fault or
negligence of the Contractor, including, but not restricted to, acts
of God, or of the public enemy, acts of the Owner, acts of another
Contractor in the performance of a contract wi.i.h the Owrer, 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) a -id (b) of this article:
Provided, further, that the Contractor shall, within ten (10) days from the
beginning of such delay, unless the Owner shall grn-at 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 reasonable time of its
decision in the matter.
-7-
20. Correction of Work
All work, all materials, whether incorporated in the work or not, all
processes of manufacture, and all methods of construction shall be at all
times and places subject to the inspection of the Architect/Engineer. who
shall be the final judge of the, quality and suitability of the work, material:
processes, of manufacture, and methods of construction for the purposes for
which they are used. Should they fail to meet his approval they shall be
forthwith reconstructed, made good, replaced and/or corrected, as the case
may be, by the Contractor at his own expense. Rejected material shall
immediately be removed from the site. If, in the opinion of tie Architect/
Engineer, it is undesirable to replace any defective or damaged materials
or to reconstruct or correct any portion of the work injured or riot 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 immediately give notice to the Architect/Engineer
of such conditions before they are disturbed. The Architect/Engineer will
thereupon promptly investigate the conditions, and if he finds that they
materially differ from those 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 necessary, any increase or decrease of cost
resulting from such changes to be adjusted in the manner provided in
Paragraph 17 of the General Conditions.
22. Claims for Extra Cost
No claim for extra work or c
pursuance of a written order
Owner, as aforesaid,. and the
the changed or extra work is
of subparagraph 17(c) of the
satisfactory bills, payrolls
when requested by the Owner,
thereto.
ast shall be allowed unless the same was done in
of the Architect/Engineer approved by the.
claim presented with the first estimate after
done. When work is performed under the terms
General Conditions, the Contractor shall furnish
and vouchers covering all items of cost and
give the Owner access to accounts relating
23. Right of the Owner to Terminate Contract
In the event that any of the provisions of this contract are violated by the
Contractor, or by any of his subcontractors, the Owner may serve written
notice upon the Contractor and the Surety of its intention to terminate
the contract, such notices to contain the reasons for 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(l0) days, cease and terminate. In the event of any
such termination, the Owner shall immediately serve notice thereof upon the
Surety and the Contractor and the Surety shall have the right to take over
and perform the contract; Provided, however, that if the Surety does not
commence performance thereof within ten(10) days from the date of the mail-
ing to such Surety of notice of. termination, the Owner may take over the
- N -
• 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 excess 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.
24e Construction Schedule and Periodic Estimates
Immediately after execution and delivery of the contract, and before the
first partial payment 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 is accordance with the progress schedule. The Contractor shall
also furnish on forms to be supplies by the Owner (a) a detailed estimate
giving a complete breakdown of the contract price and (b) periodic itemized
estimates of work done for the purpose of making partial payments thereon.
The costs employed in making up any of these schedules will be used only for
determining the basis of partial payments and will not be considered as
fixing a basis for additions to or deductions from the contract price.
25. Payments to Contractor
(a)
(b)
(c)
(d)
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 an'
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 (107.) 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 (507>) 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, includin
retained percentages thereon, less authorized deductions.
In preparing estimates the material delivered on the site and prepara-
tory work done may be taken into consideration.
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.
Owner's Right to Withhold Certain Amounts and Make Application Thereof:
The Contractor agrees that lie 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 satis-
factory evidence that all obligations of the nature hereinabove
-9-
S
designated have been paid, discharged, or waived. If the Contractor,
fails so to (lb, 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 whereupon payment to the
Contractor shall be resumed, in accordance with the terms of this
contract, but in no event shall the provision of this sentence be con-
strued to impose any obligations upon the Owner to either the Contracto+
or his Surety. In paying any unpaid bills of the Contractor, the Owner
shall be deemed the agent of the Contractor, and any payment so made
by the Owner, shall be considered as a payment made under the contract
by the Owner to the Contractor and the Owner shall not be liable to the
Contractor for any such payments made in good faith.
26. Acceptance of Final Payment Constitutes Release
The acceptance by the Contractor of final payment shall be and shall operate
as a release to the Owner of 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 other 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. Payment by Contractor
The Contractor shall pay (a) for all transportation and utility services no
later than the 20th day of the calendar month following that in which
services are rendered, (b) for all materials, tools, and other expendable
equipment to the extent of ninety percent (907) of the cost thereof, not
later than the 20th day of the calendar month following that in which such
materials, tools, and equipment are delivered at the site of the project
and the balance of the cost thereof, not later than the 30th day following
the completion of that part of the work in or on which such materials, tools,
equipment are incorporated or used, and (c) to each of his subcontractors,
not later than the 5th day following each payment to the Contractor, the
respective amounts allowed the Contractor on account of the work performed
by his subcontractors to the extent of each subcontractor's interest therein.
28. Insurance
The Contractor shall not commence work under this contract until lie has
obtained all the insurance required under this paragraph and such insurance
has been approved by the Owner, nor shall the Contractor allow any sub-
contractor to commence work on his subcontract until the insurance required
of the subcontractor has been so obtained and approved.
(a)
Compensation Insurance: The Contractor shall procure and shall maintain
during the life of this contract Workmen's Compensation Insurance as
required by applicable State or territorial law for all of his employees
to be engaged in work at the site of the project under this contract
and,, in case of any such work sublet, the Contractor shall require
the subcontractor similarly to provide Workmen's Compensation Insurance
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F
(b)
(c)
(d)
(e)
(f)
for all of Like tatter's employees to be engaged in such work unless
such employees are covered by the protection afforded by the Contractor'
Workmen's Compensation Insurance. In case any class of employees
engaged in hazardous work on the project under this contract is not
protected.under the Workmen's Compensation Statute, the Contractor
shall provide and shall cause each subcontractor to provide adequate
employer's liability insurance for the protection of•such of his
employees as are not otherwise protected.
Contractor's Public Liability and Property Damage Insurance and Vehicle
Liability Insurance: The Contractor shall procure and shall maintain
during the life of this contract Contractor's Public Liability
Insurance, Contractor's Property Damage Insurance and Vehicle Liability
Insurance in the amounts specified in the Supplemental General
Conditions. -
Subcontractor's Public Liability and Property Damage Insurance and
Vehicle Liability Insurance: The Contractor shall either (l require
each of his subcontractors to procure and to maintain during the life
of his subcontract, S"bcohtractor's Public Liability and Property
Damage Insurance and Vehicle Liability Insurance of the type and in the
amounts specified in the Supplemental General Conditions specified in
subparagraph (b) hereof or, (2) insure the activities of his policy,
specified in subparagraph (b) hereof.
Scope of Insurance and Special Hazards: The insurance required under
subparagraphs (b) and c) hereof shall provide adequate protection for
the Contractor and his subcontractors, respectively, against damage
claims which may arise from operations kinder this contract, whether such
operations be by the insured or by anyone directly or indirectly employk
by him and, also against any of the special hazards which may be
encountered in the performance of this contract as enumerated in the
Supplemental General Conditions.
Builder's Risk Insurance (Fife and extended Coverage): Until the pro-
ject is completed and accepted by the Owner, the, Owner, or Contractor
(at the Owner's option as indicated in the Supplemental General Con-
ditions, Form 11UD-4238-N) is required to maintain Builder's Risk In-
•surance (fire and extended coverage) on a 100 percent completed value
basis on the insurable portion of the project for the benefit of the
Owner, the Contractor, subcontractors as their interests may appear.
The Contractor shall not include any costs for Builder's Risk Insurance
(fire and extended coverage) premiums during construction unless the
Contractor is required to provide such insurance; however, this pro-
vision 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 .-hall be obligated to full
performance of the Contractor's undertaking.
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 expiration of policies. Such certificates
shall also contain substantially the following statement: "The
insurance covered by this certificate will not be cancelled or materiall
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 contract and also a payment bond in an amount
not less than one hundred percent (100%) of the contract price or in a
penal sum not less than that perscribed by State, territorial or local law,
as security for the payment of all persons performing labor on the project
under this contract and furnishing materials in connection with this
contract. The performance bond and the payment bond may be in one or in
separate instruments in accordance with local law.'
30. Additional or Substitute Bond
If at any time the Owner for justifiable cause shall be or become dissatis-
fied with any surety or sureties, then upon the Performance or Payment
Bonds, the Contractor shall within five (5) days after notice from the Owner
so to do, substitute an acceptable bond (or bonds) in such form and sum and
signed by such other surety or sureties as may be satisfactory to the Owner.
The premiums on such bond shall be paid by the Contractor. No further
payments shall be deemed due nor shall be made until the new surety or
sureties shall have furnished such an acceptable bond to the Owner.
31. Assignments
The Contractor shall not assign the whole or any part of this contract or
any mm eys 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 instrument 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 cor-
porations 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 Con-
tractor or any subcontractor 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 Contractor 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 sustained,
the Owner shall notify the Contractor, who shall indemnify and save harm-
less the Owner against any such claim.
33. Separate Contract
The Contractor shall coordinate his operations with those of other Con-
tractors. Cooperation will be required in the arrangement for the storage
of materials and in the detailed execution of the work. The Contractor,
including his subcontractors, shall keep informed of the progress and the
detail work of other Contractors and shall notify the Architect/Engineer
immediately of lack of progress or defective workmanship on the part of the
Contractors. Failure of a contractor to keep informed of the work progress-
ing on the site and failure to give notice of lack of progress or defective
workmanship by others shall be construed as acceptance by him of the status
of the work as being satisfactory for proper coordination with his own work.
34. Subcontracting
(a) The Contractor may utilize the services of specialty subcontractors on
those parts of the work which, under normal contracting practices, are
performed by specialty subcontractors.
(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 concern-
ing the proposed award to the subc ontractor, which statement shall
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contain such information as the Owner may require.
(c)
The Contractor shall be as fully responsible Lo 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 per-
sons directly employed by him.
(d)
The Contractor shall cause appropriate provision to be inserted in all
subcontracts relative to the work to bind subcontractors to the Con-
tractor by the terms of the General Conditions and other contract
documents insofar as applicable to the work of subcontractors and to
give the Contractor the same power as regards terminating any sub-
contract that the Owner may exercise over the Contractor under any
provision of the contract documents.
(e)
Nothing contained in this contract shall create any contractual rel-
ation between any subcontractor and the Owner.
35. Architect/Engineer's Authority
The Architect/Engineer shall give all orders and directions contemplated
under this contract and specifications, relative to the execution of the
work. The Architect/Engineer shall determine the amount, quality, accept-
ability, 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 contract 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 specifications 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 Contractor under this contract and
other Contractors performing work for the Owner shall be adjusted and deter-
mined 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 Allowance,''
the contract price shall be adjusted accordingly. The adjustment in contrac:
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 covering this work.
37. Use of Premises and Removal of Debris
The Contract expressly undertakes at his own expense:
(a) to take every precaution against injuries to persons or damage property
(b) to store his apparatus, materials, supplies and equipment in such
orderly fashion at, the site of the work as will not unduly, interfere
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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 arc con-
sistent'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, tem-
!porary structures, 'including foundations thereof, plant of any de-
scription and debris of every nature resulting 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 conform to the plans and specifications and, except with the
consent of the Architect/Engineer, not to cut or otherwise alter the
work of any *other'Contractor.
38. Quantities of Estimate
Wherever the estimated quantities 'of work to be done and materials to be
furnished under this contract are shown in any of the documents including the
proposal, they are given for use in comparing bids and the right is especial'
reserved except as herein otherwise specifically limited, to increase or
diminish them as may be deemed reasonably necessary or desirable by the
Owner to complete the work contemplated by this contract; and such increase
or diminution shall in no way vitiate this contract, nor shall any such
increase or diminution give cause for claims or liability for damages.
I
39. Lands and Rights -of -Way
Prior to the start of construction, the•Owner shall obtain all lands and
rights -of -way necessary for the carrying out and completion of work to be
performed under this contract.
40. General Guaranty
Neither the, final certificate of payment nor any provision in the Contract
Documents, nor partial or entire occupancy of the premises by the Owner,
shall constitute an acceptance of work not done in accordance with the
Contract Documents or relieve the Contractor'of liability in respect to
any express warranties or responsibility for faulty materials or workmanship.
The Contractor shall, remedy any,defects'in'the work and pay for,any damage
to other. work resulting therefrom, which. shall appear within a period'of
one year •from the date of final acceptance of the work unless a longer
period is specified. The Owner will give notice of observed defects with
reasonable promptness.
41.
Conflicting Conditions
Any provision in any' ofIthe Contract Documentsl which may be in conflict or
indonsisLent with anyofthe pnt;igr.;.Iis in IIese,Cener,aal'Conditions shall
be void' to the extent of such,.conflict or inconsistency.
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 thereo'
completed, when said noticeis'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.
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43. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted
in this contract shall be deemed to be inserted herein and the contract
• shall be read and enforced as though it. were included herein, and if
through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract
shall forthwith be physically amended to make such insetion or correction.
44. Protection of Lives and Health
"The Contractor shall exercise proper precaution at all times for the
protection of persons and property and shall be responsible for all damages
to persons or property, either on or off the site, which occur as a result
of his prosecution of the work. The safety provisions of applicable laws
and building and construction codes, in addition to specific safety and
health regulations described by Chapter XIII, Bureau of Labor Standards,
Department of Labor, Part 1518, Safety and Health Regulations for Construct-
ion, 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
"The Contractor will insert in any subcontracts the Federal Labor' Standards
Provisions contained herein and such, other clauses as the Department of
Housing and Urban Development may, by instructions require, and also a
clause requiring the subcontractors to include these clauses in any lower
tier subcontracts which they may enter into, together with a clause requirir:;
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, with-
out regard to their race, religion, sex, color, or national origin.
Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and. selection for training, including apprenticeship. Th(
Contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth
the provisions of this nondiscrimination clause.
(2)
The Contractor will, in all solicitations or advertisement for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, religion, sex, color, or national origin.
(3)
The Contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the labor
union or workers' representative of the Contractor's commitments under
Section 202 of Executive Order No. 11246 of September 24, 1965, and
shall post copies of the notice in conspicuous places available to
employees and, applicants for employment.
-1.5-
(4)
(5)
(6)
(7)
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.
The Contractor will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
Department of Housing and Urban Development and the Secretary of
Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
In the event of the Contractor's noncompliance with the nondiscriminat-
ion clauses of this contract or with any of such rules, regulations, or
orders, this contract may be cancelled, terminated, or suspended in
whole or in part and the Contractor may be declared ineligible for
further Government contracts or Federally -assisted construction con-
tracts, 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 othenise provided by law.
The Contractor will include the provision of paragraphs (1) through (7)
in every subcontract or purchase order unless exempted by rules, reg-
ulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order No. 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 of (lousing 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 sub-
contractor 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 onto 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 offical of the Owner who is authorized in such capacity and on behalf of
the Owner to negotiate, make, accept or approve, or to take part in negot-
iating, making, accepting, or approving any architectural, engineering,
inspection, construction or material supply contract or any subcontract in
connection with the construction of the project, shall become directly or
indirectly interested personally in this contract or 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, supervisory 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 pertaining to the project.
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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
iduring the remaining period of construction, or,
,(c) When the, project consists of more than one building, and one of the
buildings is occupied, secures permanent fire and extended coverage
..insurance, including,a permit to complete construction; Consent of the -
•surety must also be obtained. •
(1) The Contractor will not dicriminate against any employee or applicant
for employment because of race,. creed, color, or national origin. The
• Contractor will take affirmative. action, to ensure that applicants are
• employed, and that employees are treated during employment, without
regard to, their race, creed, color,, or national origin. Such action
shall include, but not be limited to, the following: employmnet,
• 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 app-
'l'icahts for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2)' The Contractor will, in all solicitaions or advertisement 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. Pho't'ographs 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; enjqin,ed f,rom,proceeding with work either
.before -or af ter the start..of constructionby reason of.any. Litigation .or
other reason beyond the control..of.the Owner,, the.,Contractor shall not be
'entitled to'.make, or assert claim for damage by reason of.,said delay.;, but
time .for completion :of; the work, will, be :extended ,to such reasonable time
;as tile Owner may determine :will compensate -for time lost by such delay with
such dtermination to set forth in writing,
52. iMinimum, Wages . T r .. I .. . ., •
All laborers and mechani1cs employed upon the work covered by this Contract
shall be paid'uiiconditional'ly and 'not 'ldss often that once each week, and
without subsequent deduction or rebate on any account (except such payroll
deductions as '�Lre 'made mandatory by law"and Sucli other payroll deductions
-17 -
as arc permitted by the applicable rel,,ulotions 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
decison 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 with-
out 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 con-
sidered 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 contributions made or costs in-
curred for more than a weekly period under plans, funds, or programs, but
covering the particular weekly period, are deemed to be constructively
made or incurred during such weekly period.
53, Underpayments of Wages or Salaries
In case of underpayment of wages by the. Contractor or by any subcontractor
to laborers or mechanics employed by the Contractor or subcontractor upon
the work covered by this Contract, the Local Public Agency or Public Body
in addition to such other rights as may be afforded it under this Contract
shall withhold from the Contractor, out of any payments due
the Contractor, so much thereof as the Local Public Agency or Public Body
may consider necessary to pay such laborers or mechanics the full amount
of wages required by this Contract. The amount so withheld may be dis-
bursed 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
funds, or programs for any type of fringe benefit prescribed in the
applicable wage determination.
54. Anticipated Costs of Fringe Benefits
If the Contractor does not make payments to a trustee or other third person,
he may consider as part of the wages of any laborer or mechanic the amount
of any costs reasonably anticipated in providing fringe benefits under
a plan or program of a type expressly listed in the wage determination
decision of the Secretary of Labor which is part of this Contract: Pro-
vided, 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 assests 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 pay-
roll filed by the Contractor subsequent to receipt of the findings.
55. Overtime Compensation Required by Contract Work Hours and Safety
Standards Act (76 Stat. 357-360: Title 40 U.S.C., Sections 327-332)
-].8-
(a) Overtime Requirements. No Contractor or subcontractor contracting for
any part of the Contract work which mdy require or involve the employment
of laborers or mechanics, including watchmen and guards, shall require or
• permit any laborer -or mechanic in any workweek in which he is employed on
such work to work in excess of 8 hours in any calendar day or in excess of
40 hours in such work week unless such laborer or mechanic receives com-
• pensaiton at a rate not less than one and one-half times his basic rate of
pay for all hours worked in excess of 8 hours in any calendar day or in
excess of 40 hours in such work week, as the case may be.
(b) Violation: liability for unpaid wages liquidated damages. In the
event of any violation of the clause set forth in paragraph (a), the
Contractor and any subcontractor responsible therefor shall be liable to
any affected employee for his unpaid wages. In addition, such Contractor
and subcontractor shall be liable to the United States for liquidated
damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic employed in violations of the clause set
forth in paragraph (a), in the sum of $10 for each calendar day on which
such employee was required or permitted to work in excess of 8 hours or
in excess of the standard workweek of 40 hours without payment of the over-
• time 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 sum as
may administratively be determined to be necessary to satisfy any liabil-
ities of such Contractor or subcontractor for liquidated 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 requir-
ing this insertion in any further subcontracts that may in turn be made.
56. Employment of Apprentices/Trainees
(a) Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed and individually
registered in a bona fide apprenticeshipprogramregistered 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 employd 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 classification
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
subdivison (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 lie actually performed.
-19 -
The contractor or subcontractor will 'be required to 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 apprenticessshall 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
• Apprentice and Training. The ratio of.trainees to journeymen shall not be
greater than permitted under the plan approved by the Bureau of Apprentice-
• ship and Training. Every trainee must be, paid at not less than the rate
•specified in the approved program for his level of progress. Any employee
• listed on the payroll at a trainee rate who is not registered and parti-
cipatingin a training plan approved by the Bureau of Apprenticeship 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 representative of the Wage -flour Division of the U.S. Depart-
ment ment of Labor' written evidence of the certification of Alis program, the
registration of the trainees, and Lite ratios and wage Elites prescribed in that program. In the event the Bureau of Apprenticeship and Training with-
draws approval of a training program, the contractor will no longer be
• permitted to utilize, trainees at less than Lite applicable predetermined
rate for the work performed until 'an acceptable program is approved..
(c) Equal Empl2zment Opportunity.. The utilization of apprentices, trainees
and journeymen under this part shall be 'in conformity with the equal employ-
ment opportunity requirements of Executive Order 11246,, as amended, and
29 CFR Part 30.
57. Employment of Certain Persons Prohibited
No person under the age of sixteen years and no person who at the time,
• is serving sentence in a penal or correctional institution shall be
•employed'on the work covered by this Contract.
• 58. ,Regulations Pursuant to So -Called "Curti -Kickback Act"
The Contractor shall comply with the applicable regulations (a copy of
which is attached and herein incorporated by referecne) of the Secretary
of Labory.U:S. Department of Labor i 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 provision to be inserted
�• - :ii .: ,.. 1 1 1, 1 .,
in subcontracts to insure compliance therewith by all subcontractors sub-
ject 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 execmptions from the requirements thereof.
-20-
59. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage
Determination Decision
Any class of laborers or mechanics which is not listed in the wage deter-
mination and which is to be employed under the Contract w•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, U.S. Department of Labor.
In the event the interested parties cannot agree on the proper classification
or reclassification of a particular class of laborers. and mechanics to be
used, the question accompanied by the recommendation of the Local Public
Agency or Public Body shall be referred, through the Secretary of Housing
and Urban Development, to the Secretary of Labor for final determination.
60. Fringe Benefits Not Expressed as Hourly Wage Rates
The Local Public Agency or Public Body shall require, whenever the minimum
wage rate prescribed in the Contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly wage rate
and the Contractor is obligated to pay cash equivalent of such a fringe
benefit, an hourly cash equivalent thereof to be established. In the event
the interested parties cannot agree upon a cash equivalent of the fringe
benefit, the question, accompanied by the recommendation of the Local Public
Agency or Public Body, shall be referred, through the Secretary of Housing
and Urban Development, to the Secretary of Labor for determination.
61. Posting Wage Determination Decisions and Authorized Wage Deductions
The applicablewage poster of the Secretary of Labor, U.S. 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 pro-
visions of this Contract, to be made from wages actually earned by persons
so employed or to be employed in such classifications, shall be posted at
appropriate conspicuous points at the site of the work.
62. Complaints, Proceedings, or Testimony by Employees
Claims and disputes pertaining to.wage rates or to classifications of laborers
and mechanics employed upon the work. covered by this Contract shall be prom-
ptly 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, U.S. Department of Labor, whose
decision shall be final with respect thereto.
63. Claims and Disputes Pertaining to Wage Rates
Claims and disputes pertaining to wage rates or to classifications of laborers
and mechanics employed upon the work covered by this Contract shall be
promptly reported by the Contractor in writing to the Local Public Agency or
Public Body for referral by the latter through the Secretary of housing and
Urban Development to the Secretary of Labor, U.S. Department of Labor,
whose decision shall be final with respect thereto.
-2].-
64. 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, Cc) the aforesaid Davis -Bacon Act,
(d) the regulations issued by the Secretary of Labor, U.S. 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 De-
velopment, to the Secretary of Labor,.U.S..Department of Labor, for said
Secretary's appropriated ruling or interpretation which shall be authori-
tative and may be relied upon for the purposes of this Contract.
65. Payrolls and Basic Records of Contractor and Subcontractors
The' Contractor and each subcontractor shall prepare his payrolls on forms
satisfactory to and in accordance with instructions to be 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 subcontractors, 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
."Weekl•y 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 subcontractor covering all laborers and mechanics
employed upon the work covered by. this Contract shall be maintained during
the course of the work and perserved 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 contribution 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, when-
ever 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 includes the amount of any costs reasonably anticipated in pro-
viding 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 en-
forceable, 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 recods 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,
;1_ ,and.,the, U.S. Department .of, Labor. Such representatives shall be permitted
to interview employees of the Contractor or of any subcontractor during
working hours on the job.
..
66. Specific Coverage of Certain Types of Work by Employees
The transporting of materials and supplies to or from the site of the
Project or Program to which this Contract pertains, by the employees of
the Contractor or of any subcontractor, and the manufacturing or furnishing
-22 -
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 work to which these Federal Labor Standards Pro-
visions 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
without the Local Public Agency's or Public Body's prior written approval
of the subcontractor. The Local Public Agency or Public Body will not
approve any subcontractor for work covered by this Contract who is at
the time. ineligible under the provisions of any applicable regulations
issued by the Secretary of Labor, U.S. 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, provisions which are
consistent with these Federal Labor Standards Provisions and also a clause
requiring the subcontractors to include such provisions in any lower tier
subcontracts which they may enter into, together with a clause requiring
such insertion in any further subcontracts that may in turn be made.
69.
Breach of Foregoing Federal Labor Standards
Provisions
In addition to the causes for termination of
this Contract as herein
elsewhere set forth, the.Local Public Agency
or Public Body reserves
the right to terminate this Contract if the
Contractor or any subcon-
tractor 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 Sec-
retary of Labor, U.S. Department of Labor.
70.
Employment Practices
The Contractor (1) shall, to the greatest extent
practicable, follow
hiring and employment practices for work on
the project which will provide
new job opportunities for the unemployed and
underemployed, and (2)
shall insert or cause to be inserted the same
provision in each construc-
tion subcontract.
71.
Contract Termination; Debarment
A breach of Section 45 and the Federal Labor
Standards. Provisions, may
be grounds for termination of the Contract,
and for debarment as pro-
vided in 29 CFR 5.6.
rG•
Index of General Conditions
Subject
Section
Subject
Section
Accident Prevention............
44
Obligations of Contractor.......
11
Additional Bond .............
30
"Or Equal" Clause...............
8
Additional Instructions........
3
Overtime Compensation...........
55
*Allowances ......................
36
Owner's Right to Terminate......
23
Anit-Kickback Act..............
58
Patents.........................
9
Apprentices ....................
56
Payment of Employees............
52
Architect's Authority..........
35
Payments by Contractor..........
27
Assignments..............,.....
31
Payments to Contractor..........
25
Bond, Security........,.......,
29
Payrolls and Records............
65
Bond, Security, Additional.....
30
Periodic Estimates...............
24
Changes in Work........,.......
17
Permits, Surveys, Regulations...
10
Claims for Extra Cost..........
22
Photographs....... .............
50
Completion Time................
19
Posting Minimum Wage Rates......
61
Complaints, Proceedings or.
Prohibited Interests............
48
Testimony ....................
62
Protection of Lives and Health..
44
Condition, Subsurface..........
21
Protection of Work, Property....
13
Conflicting Conditions.........
41
*Provisions Required by Law......
.43
Construction Schedule..........
24
Quantities of Estimate..........
38
Contract Documents.............
1
Questions Concerning Regulation.
64
Contract Security..............
29
Release of Contractor.:.........
26
Contractor's Insurance.........
28
Removal of Debris ...............
37
Contract Termination...........
71
Reports, Records and Data........
15
• Contractor's Mutual Respon-
Responsibility of Contractor....
32
sibility.,......1............
32
Right of Owner to Terminate.....
23 -
Contractor's Obligations.......
11
Rights -of -Way....................
39
Claims and Disputes............
63
Schedule of Construction........
24
Contractor's Title to Material.
6
Security.; ......................
29
Classifications Not Listed.....
59
Separate Contracts..-............
33
Correction of Work.............
20
Services, Materials, Facilities.
5
Damages, Liquidated........,...
19
Shop Drawings..... . . . . . . . . ... .
. .
4
Data, Reports and Records...,..
15
'Specific Coverage...............
66
Debarment Breach of Labor
Stated Allowances...............
36
Standards....... . . . . . . . . . .
. ..
69
Subcontracting.............. ...
34,45
Debris Removal .................
37
Subcontractor's Insurance.......
28
Definitions ....................
2
Subcontractors Ineligible.......
67
Detail Drawings ................
3
Substitute Bond...............:.
30
Different Subsurface..........,
21
Subsurface Conditions..........:`
21
Discrimination, Employment....,
46
Superintendency. by Contractor...
16
Drawings. Detail...... . . . . . .
. .
. 3
Surveys, Permits................
10
Emergencies...................
13
Suspension of Work..............
51
Employment Practices..,........
70
Termination of Contract.........
23,71
*Equal Employment Opportunity...
46
Testing of Materials............
7
Estimated.Quantities...........
38
Time for Completion .............
19
Extras...... . . . . . .. . . . . . . . . .
. .
. 18
'Title to Materials,..........:..
6
Final Payment ..................
26
Use and Occupancy...... . ...
49
:Guaranty, General ..............
40
Use of Premises.................
37
Inspection.....................
14
Underpayments of Wages..........
53
Inspection of Materials........
7
Wages, Minimum.......... .......
52
Insurance...... . . . . . . . . . . . . .
.
. 28
Wage Underpayments..............
53
Lands and Rights -of -Way........
39
Weather Conditions........ .....
12
Legal Provisions, Implied......
43
Withholding of Payments.........
53
Liquidated Damages .............
19
fl Materials ......................
5
*Anticipated Fringe Benefits.....
54
Member of Congress.............
47
*Employment Prohibited...........
57
Minimum Wages..................
52
'Fringe Benefits Not Expressed...
60
Nondiscrimination Employment...
46
"Provisions to be Included.......
Notice and Service.............
42
**Attachment to Federal.Labor Standards
Provisie
t
U.S: DEPARIMEN'T OF HOUSING AND URBAN DEVELOPMENT
Supplemental General Conditions
1. Enumeration of Plana, Specifications and Addenda
2. Stated Allowances
3. Special Hazards
4, Public Liability and Property Damage Insurance
5. Photographs of Project
6. Schedule of Minimum Hourly Wage Rates
7. Builder's Risk Insurance
8. Special Equal Opportunity Provisions
.9. Certification of Compliance with Air and Water Acts
10. Special Conditions
A.
Definitions
B.
Scope, Nature, and Intent of Contract, Specifications
and Plans
C.
Figured Dimensions to Govern
D.
Contractor to Check Plans and Schedules
E.
Staking the Work
F.
Inspection
C.
Protection of Public Utilities
11.
Use of Explosives
I.
Danger Signals and Safety Devices
J.
Sanitary Conveniences
K.
Privileges of Contractors in Streets
L.
Sunday, Holiday and Night Work
M.
Owner's and Engineer's Protective Liability Insurance
11, Federal
Labor Standards Provisions
-2-
1. ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA
Following are the Plans, Specifications and Addenda which form a part of
this contract, as set forth in Paragraph I of the General Conditions,,
"Contract and Contract Documents:"
DRAWINGS:
General Construction: Nos.
Heating and Ventilating: "
• Plumbing: "
Electrical: n ___ .
SPECIFICATIONS:
General Conditions: Page . to , Incl.
Heating and Ventilating: " to. , Incl.
Plumbing: " to______, Incl.
Electrical: " to______, Incl.
" to______, Incl.
" to , Incl.
ADDENDA: -
No. Date No. . Date
No. I Date N6. )Date
2. STATED ALLOWANCES'. ..
Pursuant to, paragraph 36 of the Beneral Conditions, the contractor shall
include the following cash allowances in his proposal:
(a) For (Page:, of. Specifications);.,
(b) For (Page of Specifications). $
(c) For (Page_ of. Specifications) $
• (d) For (Pageof Specifications) $_
(e) For_ (Page_ of Specifications) $
(f) For (Pag,e of Specifications) $_
-3-
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:
I
4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LEABILITY, VEHICLE LIABILITY,
AND PROPERTY DAMAGE'INSURANCE
I
As required under paragraph 28 of the�Ceneral Conditions the Contractor's
Public Liability Insurance and Vehicle Liability Insurance ,shall be in
the amount not less than $100,000.00 for injuries, includi.ng.accidental
death, to any one person, and subject to the same limit for each person,
in an amount not less than $ 100,000.00_ on account of one accident,
• and Contractors Property Damage Insurance in an amount not less than
$14000_00 I *SEE NOTE BELOW.
The Contractor shall either (1) require each of )his subcontractors to
'procure and to maintain during the life of his subcontract, Subcon-
tractor!s.Public Liability and Property Damage of the type 'and in the same
-amounts. as specified in the preceding paragraph, or (2) insure the acti-
vities of his subcontractors in his own policy.' '
S. PHOTOGRAPHS OF PROJECT I I
As provided.in paragraph 50 of the General Conditions, the Contractor will
• furnish • photographs in the number1 type, and stage as enumerated below:
6. SCHEDULE. OF OCCUPATIONAL. CLASSIFICATIONS AND MINIMUM HOURLY WAGE RATES
,AS REQUIRED..UNDER.P,ARAGRAPH 52 OF T1IE;GENERAL CONDITIONS
Given_ on Pages(F6llow,ing_Pages)oad4_ .
7e .BUILDER!S.RISK INSURANCE
' • As.provided in, the,,General Conditions) paragrap128(e), thg Contractor
will/will no•t*, maintain Builder's Risk Insurance (fire and extended coy-i
erage) on.a.100.percent completed value basis on the insurable portions of
the project for -the benefit of the Owner, the Contractor, and all subeon�
tractorsitas their interests may appear.
*Strike out one.
*NOTE!:: In'accordan1ce with Arkansas Law, Insurance shall bo issued by a
. . .Resident Arkansas Agent liscerised by the Slate Insurance Department
of the State of -Arkansas; or if issued by out-of-state, such insur-
.I ,! ahce or -certificate shall be endorsed or co-signed by a Resident
Arkansas Agent Insurance Companies. Underwriters of the required
insurance.shall.be licensed by the State of Arkansas.
SUPEREDEAS DECISION
STATE: ARKANSAS COUNTY: Statewide
DECISION NO. AR80-4012 DATE: Date of Publication
Supersedes Decision No. AR79-4025 dated February 2, 1979 in 44 -FR -6864•
DESCRIPTION OF WORK: Construction, alteration, and/or repair of streets, high-
ways, runways, and water and sewer utilities, (but does not include building
structures on highway rest areas).
0
BRICKLAYERS...,...
CARPENTERS . • . . • , .
.
CONCRETE FINISHER , . . .
ELECTRICIANS • • . .
IRONWORKERS:
Structural . . . . . •
Reinforcing • • • •
LABORERS:
Air tool operator . • •
.
Asphalt heator operator
Asphalt raker • • . a ,
Carpenter tender . . .
Chain saw operator . .
•
Checker grade • • • . •
,
Concrete finisher tender.
Concrete joint sealer
Concrete saw operator
Form setter • .
Laborer • , , • , • ,
Pipelayer . , • .
Powderman • , , • •
Vibratorman . • • , • •
,
PAINTER . • • • • •
PILE DRIVER LEADMAN
POWER EQUIPMENT OPERATORS:
Aggregate spreader oper-
ator . . • • • • • •
Asphalt plant fireman
Asphalt plant drier ope-
rator . • • • • • • •
•
Batch plant operator .
BULLDOZER OPERATOR:
Finish • • . • • • -
Rough • • •
Bull float operator . •
Concrete curing machine
operator . • • • . •
.
Concrete mixer operator
(less than 5 sacks)
•
Concrete mixer operator
,
(5 sacks or over) . .
,
Fringe Benefits Payments
Basic
Hourly
Education
Rates
H & W
Pensions
Vacation
and/or
Appt• Tr-
$5.20
5.20
5.20
6.50
4.•50
3,75
3,65
3.65
4.20
3.75
3.75
3.75
3.75
3.75
3.75
3.90
3.10
3.75
4.50
3.50
4,50
4.50
4.00
3.25
3,25
4.00
5.00
4.25
4.00
4,25
3.75
4.50
DECISION NO• AR80-4012
Page 2
•
Power Equipment Ope-
rators (can't.)
Backhoe operator -rubber
tired (1 yard or less)•
Cherry picker operator. .
Concrete paver operator
Concrete spreader ope-
rator • • . a . . .
Crane, derrick, dragline,
shovel, backhoe ope-
rator (l yd. or less)•
Crane, derrick, dragline,
shovel, backhoe ope-
rator (over 1z yds.).
Crusher operator• • a • .
Distributor operator
Drill operator (wagon or
truck) • • . e . . •
Elevating grader operator
Euclid or like equipment
operator (bottom or end
dump).. • • . • • . • .
Finishing machine opera-
tor • e•••• e e e a
Forklift operator .
Form grader operator • a
Front end loader opera-
tor:
Finish . • a
Rough • • • .
Hydro seeder operator
• Mechanic . . e • • . • •
Motor Patrol Operator:
• Finish . . . .
Rough • • a • a • . .
Mulching machine operator
Oiler and greaser . . •
Pile driver operator . .
Pub mill operator . . . .
Roller operator (self-
propelled) . . • . • e
Scraper Operator:
Finish e • n n . . . ft
Rough • a e • • • •
Sod slicing machine ope-
rator • . . . • . • • ft
Stabilizer mixing machine
operator . . . . . . e
Fringe Benefits Payments-
Basic
Hourly Education
Rates H & W Pensions Vacation and/or
Appt• Tr.
$4.25
4.25
4.75
4.75
5.00
5.25
4.00
4.00
4e30
4.75 •
4
3.85
4.30
3.55
3.55
4,75
4.30
3.85
5e00
5.00
4e25
3.85
3.75
4.40
3.55
3.85
5.00
4.25
3.50
4.00
DECISION NO. AR80-4012
Page 3
0
Power Equipment Ope-
rators (cont'd.)
Tractor operator (crawler
type) . . . . . a ,
Tractor operator (farm &
wheel) , , . . . . , . .
Tractor operator wheel
type (with attach-
ments 1 yd. or under).
Trenching machine operator
STONEMASONS, . . . .
Truck Drivers:
Distributor truck• driver
Semi -trailer . . . . .
Loyboy driver . .
Transit mix truck driver
Truck driver (heavy -max-
imum pay load in excess
of 3000 lbs.) . . . . .
Truck driver (light -max -
mum pay load 3000 lbs.)
Well drillers . . . . . .
Basic
Fringe Benefits Payments
.Hourly
Education
Rates
H & W
Pensions
Vacation
and/or
Appt. Tr,•
$3.85
3.55
4.00
4.00
5.20
3.90
3.90
4.30
3.90
3.60
3.50
5.00
WELDERS -- receive rate prescribed for craft performing operation to which
welding is incidental.
Unlisted classifications needed for work not included within the scope
of the classifications listed may be added after award only as provided
in the labor standards contracts clauses (29 CFR 5.5 (a) (1) (ii)).
C
-4-
8. SPECIAL EQUAL OPPORTUNITY PROVISIONS
0 A.
Subject to Executive Order
(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, toensure that applicants
for .employement are employed, and that employees are treated during
employeent, 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
consideration for employment without regard to race, color, religion,
sex, or national origin.
(3) Contractors shall incorporate foregoing requirements in all subcontracts,
D. Contracts Subject to Executive Order ].].246, As.Amended
(Applicable to Federally assisted construction contracts and related
subcontracts 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 ori-
gin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employyes are treated during em-
ployment, 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
fit
of pay,or other forms. of compensation; and selectionor,training,
n:inc1uding..apprenticeship.
The. Contractor agrees to post in con-
spicuous places, available to employees and applicants for employment,
notices to'be provided by the contracting officer setting forth the
•
provisions of this. nondiscrimination clause,
(2)
The Contractor will, in, all solicitations or advertisements for
employees placed by or'on beh'1f of the Contractor, state that all
qualifiedapplicants will receiveconsideration for'employment with-
•
out regard to race, color, religion, sexy orinationaliorigin.
(3)
The Contractor will send to each labbr union or representative of
workers with which he has a' collective bargaining agreement or other
•1
contract or understanding, a notice to be'provided by the Contract
Compliance Officer advising the said labor union or worker's re-
presentatives of the Contractor's commitment under this section
and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
(4) The Contractor will comply with all provision of Executive Order
11246 of September 24, 1965, and of the rules, regulations and re-
levant orders of the Secretary of Labor.
(5) The Contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, reg-
ulations, 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 invertigation
to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrim-
ination clauses of this contract, or with any of such rules, reg-
ulations, or orders, this contract may be canceled, terminated or sus-
pended in whole or in part, and the Contractor may be declared in-
eligible for further Government contracts or federally assisted
construction contract procedures authorized in Executive Order 11246
of September 24, 1965, or by rule, regulation, or order of the Sec-
retary of Labor, or as otherwise provided by law.
(7) The Contractor will include the portion of the sentence immediately
preceding 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 re-
sult of such direction by the Department, the Contractor may request
the United States to enter into such litigation to protect the in-
terest of the United States.
C. Hometown or Imposed Plans
In areas where a hometown plan or imposed plan is operative, the Commun-
ity Development Block Grant Recipient must contact the appropriate HUD
Equal Opportunity Office for specific instructions.
D. "Section 3" Compliance in the Provision
tunities:
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 IIUD regulations issued pursuant thereto at 24 CFR Part
135, and any applicable rules and orders of HUD issued thereunder.
(2) The.Section 3 clause set forth in 24 CrR 135.20(b)'shall form part
of this contract, as set forth in Paragraph 1 of the General Con-
ditions, "Contract and Contract Documents."
-6-
(3) Contractors shall incorporate the "Section 3 clause" shown below
and the foregoing requirements in all subcontracts.
•Section 3 Clause as Set Forth in 24 CFR 135.20(U)
A. The work to. be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the re-
quirements of section 3 of the housing and Urban Development Act
of 1968, as amended, 12 USC 170(u). Section 3 requires that to the
greatest extent feasible opportunities 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 business concerns which
are located in, or owned in substantial part by persons residing in
the area of the project.
Be The parties to this contract will comply with the provisions of said
section 3 and the regulations issued pursuant thereto by the Secretary
of Housing and Urban Development set forth in'24 CFR , and all
applicable rules and orders of the Department issued. thereunder prior
to the execution of this contract. The parties to this contract certify
and agree that they are under no contractual or other disability which
would prevent them from complying with these requirements.
C. The Contractor will send to each labor organization or representative
of workers with which lie has a collective bargaining agreement or
other contract or understanding, if any, a notice advising the said
labor organization or workers' representative of his commitments under
this section 3 clauue and shall post copies of the notice in con-
spicuous 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 connection with the project and will, at the direction of
the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that
the subcontract is in violations of regulations issued by the Secretary
of Housing and Urban Development, 24 CFR .. The Contractor will
not subcontract with any subcontractor where it has notice or know-
ledge that the latter has been found in violation of regulations under
24 CFR and will not let any subcontract unless the subcontractor
has first provided it with a preliminary statement of ability to com-
ply with the requirements of these regulations.
E. Compliance with the provisions of section 3, the regulations set forth
in 24 CFR , and all applicable rules and orders of the Depart-
ment issued thereunder prior to the execution of the contract, shall
be a condition of the Federal financial assistance provided to the
project, binding upon the applicant or recipient for such assistance,
its successors, and assigns. Failure to fulfill these requirements
shall subject Lite applicant or recipients, its contractors and sub-
contractors, its successors, and assigns to those sanctions specified
by the grant or loan agreement or contract through which Federal assis-
tance is provided, and to such sanctions as are specified by 24 CFR
135.
40
-7-
9. CERTIFICATION OF COt'PLIANCE WI'171 AIR AND WATER ACTS
.,� (Applicable to Federally assisted construction contracts and related
subcontracts exceeding $10,000)
Compliance with Air and Water Acts
During the performance of this contract, the Contractor and all Sub-
contractors shall comply with the requirements of the Clean Air Act, as
amended, 42 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 40 CFR Part 15, as amended.
In addition to the foregoing requirements, all nonexempt contractors and
subcontractors shall furnish to the Owner, the following:
(1) A stipulation by the Contractor or Subcontractors, that any facility
to be utilized in the performance of any nonexempt contract or sub-
contract, is not listed on the List of Violationg Facilities issued
by the Envioonmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the contractor to comply with all the requirements of
Section 114 of the Clean Air Act, as amended, (42 USC 18570-8) and
Section 308 of the Federal Water Pollution Control Act, as amended,
(33 USC 1318) relating to inspection, monitoring, entry, reports
and information, as well as all other requirements specified in said
Section 114 and Section 308,. and all regulations and guidelines issued
thereunder.
(3) A stipulation that as a condition for the award of the contract,
prompt notice will be given of any notification received from the
Director, Office of Federal Activities, EPA, indicating that a
facility utilized, or to be utilized for the contract, is under con-
sideration to be listed on the EPA List of Violating Facilities.
(4) Agreement by the Contractor that he will include, or cause to be
included, the criteria and requirements in paragraph (1) through
(4) of this section in every nonexempt subcontract and requiring
that the Contractor will take such action as the Government may
direct as a means of enforcing such provisions.
10. SPECIAL CONDITIONS
A. Definitions
In addition to the Definitions as given in Section 2 of the General
Conditions, whenever the words herein defined, or pronouns used in
their stead, occur in this contract and documents, they shall have
and are mutually understood to have the meanings herein given.
The words "Community Development Program," or "Community Development
Block Grant Program" shall mean the governmental unit responsible for
administering the Community Development Program in the City of Fay-
etteville , Arkansas. The word "Director" shall mean the director of the
Community Development Program.
The word
The word
ment
The word
Ar. T
"Owner"
Agent
_, undo
"Mayor"
he words
shall mean the City of Fayetteville, Arkansas,
" shall mean the Community Development Depart-
er whose auspices this work is being done.
shall mean the Mayor of the City of Fayetteville,
"Board of Directors" shall mean the Board of irectors
.4 -
of the City of Fayetteville. Ax. the 1,ovcrninlI body
of said City. The word!; "City Clerk" shall mean the City
Clerk of the City of Fayetteville , Arkansas, kite
words "City Engineer" shall mean the City Engineer of the City
of Faye . The words "Water Superintendent" shall
mean the Water uperintendent of the City of Fayetteville
Arkansas.
The word "Engineer" shall mean Milholland Engineering and Sur-
veying, Consulting Engineer, Fayetteville, Arkansas, who
have been employed by the owner for this work, or their duly
authorized agents.
The word "Inspector" shall mean the engineering or technical
inspector or inspectors duly authorized by the Engineer, limiting
to the particular duties entrusted to him or them.
The words "Bid" or "Proposal" are used interchangeably in these
specifications, and shall mean the documents provided in these
specifications for submission of bids by contractors bidding on
the work.
Wherever the letters "AS'1T1" are used, they shall mean the American
Society for Testing Materials. The letters "AWWA" shall mean
the American Water Works Association. The letters "AASI10" shall
mean the American Association of. State Highway Officials. The
letters "NEMA" shall mean the National Electrical Manufacturers
Association.
When the words "as ordered," "as directed," "as permitted," "as
allowed," or words or phrases of like import are used, they shall
be understood to mean that the order, direction, requirements, per-
mission or allowance of the Owner and Engineer is intended.
Similarly the words "approved,", "reasonable," "suitable," "accep-
table," "properly," "satisfactory," or words of like effect and
import, unless otherwise particularly specified herein, shall mean
approved, reasonable, suitable, acceptable, proper, or satisfactory
in the judgment of the owner and Engineer.
B. Scope. Nature, and Intent of Contract, Specifications and Plans
The said specifications and plans are intended to supplement, but
not necessarily duplicate each other, and together constitute on
complete set of specifications and plans, so that any work exhibited
in the one and not in the other, shall be executed just as if it
had been, set forth in both, in order that the work shall be com-
pleted according to the complete design or designs as decided
and determined by the Engineer. Should anything be omitted from
Lite specifications and plans which is necessary to a clear under-
standing of the work, or should it appear various instructions are
in conflict, then the Contractor shall :secure written instructions
from Lite Engineer before proceeding with the construction affected
by such omission or discrepancies. It is understood and agreed
that the work shall be performed and completed according to the
true spirit, meaning, and intent of Lite contract, specifications,
and plans.
-9-
C. Figured Dimensions to Govern
'Figured dimensions' when given on the plans, shall be accurately
followed, even though they differ from scaled measurements. No
work shown on the plans, the dimensions of which are not figures,
shall be executed until instructions have been obtained from the
Engineer as to the dimensions to be used. Large scales and full
size drawings shall be followed in preference to samll scale
drawings,
D, Contractor to Check Plans and Schedules '
'The Contractor 'is required to check all dimensions and quantities
on the plans and schedules given to him by the Engineer, and shall
notify the Engineer of any discrepancy between the plans and the
conditions on the ground, or any error or omissions in the plans,
or in the layout as given by stakes, points, or instructions, which
he may discover in the course of the work. The Contractor will
,not, be allowed to take advantage of any error or omission in the
plans or contract documents, as full instructions will be furnished
.by the Engineer should error or omission. be discovered, and the
Contractor. shall carry out such instructions as if originally
specified.
E. Staking the Work
The work to be done will be. staked out by the Engineer, and the
,Contractor shall be required to conform to the stakes as set by
the Engineer, and to carefully preserve all stakes,
F. Inspection
As set out in Section 14 of the General Conditions, the project
shall at all times be subject to inspection by representatives of
the Department of housing and Urban Development. Access and inspec-
tion shall also be provided for representatives of the Owner, the
Public Health Service and the Arkansas Department of Health, The
Contractor shall provide proper facilities for such 'access and
'inspection.
Unless otherwise directed by the Engineer, all work of a perm-
anent nature which cannot be inspected after completion shall be
done in the presence of an• Inspector. NO CONCRETE SHALL BE
POURED UNLESS AN INSPECTOR IS PRESENT. The Contractor shall
notify the Engineer at least twenty-four' hours in advance before
concrete is to be poured. It shall be the duty of. the Contractor
to notify the Engineer in advance of the beginning of work after
delays, shutdowns, change of work progress or change of location.
The failure or neglect on the part of the Engineer or the Inspector
•,to inspect, condemn or reject inferior materials or work shall
,not be,construed to imply,an acceptance of the same should infer-
iority 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 inspection 49• of the General Conditions,
The Engineer does not'guaranfee the performance :of the contract
'by'th'e 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
-10 -
the Contractor's employees, or those of the suppliers, his sub-
contractors, nor for access', visits, use, work, travel or occup-
® ante by any person, as these responsibilities are covered under
the provisions of this contract, the Contractor's insurance and
performance bond, and are not the responsibility of the Engineer.
• Where the provisions of safety, in any of its categories, are
not being observed, and this condition comes to the attention
of the Engineer or his representatives, the Engineer may require
• standard safety procedures to be initiated, but the requirement
of these procedures does not constitute a guarantee by the Engi-'
veer as to their adequacy or the safety of the public.
Where plants, buildings, or mass movement of earth is: being under-
taken, the Engineer will set such control lines and' basic ele-
vations as are required for the Contractor to make such unit
or plant layouts as are required. •When work is undertaken
•which requires a constant or generally intermittent checking
of lines and -elevations, the Contractor shall maintain such equip-
ment and personnel as are essential to the actual prosecution
of the work. In these instances, the, final grades, alignment
and dimensions are subject to the checking of the Engineer,
G:. Protection of Public Utilities
The Contractor shall give reasonable notice to the owners of
• steam, gas, water, sewer and other pipe lines or conduits, over-
head and underground wires or other structures, either public
or private, railroads and other owners of property, when such
property is liable to injury or damage by reason of the exe-
cution of the work, in order that the owner or owners of such
utility or other property may remove or protect the same..
If any owner or owners of public utilities liable to be affected,
endangered or damaged by the construction of the work does not
protect its or their property, then the Contractor must do so.
The Contractor shall receive no: compensation over the unit and
lump sum prices specified in the bid for the completion of this
contract, which prices shall cover every item of additional cost
for all the material and labor necessary to support,; protect, or
remove such tracks, pipes, conduits, overhead and underground '
wires; and structures, and other improvements, during 'the const-
ruction of 'said work across, under, over, along or near the same;
The Contractor shall satisfactorily shore, support, and protect
any and all pipesy'seWers•and other structures, and shall be
responsible for any! damage resulting thc!_eto: The Contractor
shall'nbt be entitled to any damages or extra pay on account of
any, postponement, ipterfcrence, or delay caused by, such, struc-
tures being on the line off the work, whether or not such struc-,
cures are shown on the plans.
. . ... . I. .
H. Use of Explosives
When the use of explosives is necessary for the prosecution of
the work, the Contractor shall' observe all local, state and fed-
eral laws in, purchasing and handling explosives. The Contractor
•shall take all necessary. precaution to protect completed work,
neighboring property, water lines, or tither underground strut-
-11-
tures. Where there is danger to structures of property from
blasting, the chrages shall be reduced and the material shall lie
covered with suitable timber, steel or rope mats,
The Contractor shall notify all owners of public utility property
of intention to use explosives at least eight hours before blas-
ting is done close to such property. Any supervision or direction
of use of explosives by the Engineer does not in any way reduce
,the responsibility of the Contractor or his surety for damages that
may be.caused by such use.
.I Danger Signals and Safety Devices
The Contractor shall take all necessary precautions to guard against
,damages topropertyand injury to persons, He shallput.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 barri-
cades installed and charge the cost of this work to the Contractor.
Such action by the Owner does not relieve the contractor of any
liability incurred under these specifications or contract,
J. Sanitary Conveniences
Sanitary conveniences, consistent with good health standards and
decency shallbe provided for the workmen. Such conveniences
shall be approved by the local officials responsible for such
standards. Such conveniences shall be maintained in good ordei
and waste disposed of regularly and to the satifaction of said
official,
The Contractor shall provide a safe drinking water for all work-
men. The water shall come from a safe source approved by the
Arkansas Department of ]Health: Water shall be delivered to
workmen through an approved water spigot or angle jet fountain,
and the use of a common drinking cup will be prohibited,
K. Privileges of Contractors in Streets
The Contractor will be entitled to use such streets, alleys,
roadways, or parts.of the streets and alleys as are necessary for
the prosecution of the work. The use of such public thorough-.
fares 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
possible.
The Contractor will notify the Fire Chief of the locality when a
street is closed and shall again notify him when it is opened for
traffic. In case no adequate detour can be provided, the
Contractor will stand in readiness to provide a crossing in
case of any emergency.
L. Sunday, Holiday and Night Work
No work shall be done between the hours of 6:00 p.m. and 7:00 a.m.,
nor on Sundays or legal holidays, except work as may be necessary
-12 -
for the proper care and protection of work already performed,
or in case of any emergency, and in any case only with the
written permission of the Engineer;
It is understood, however, that night work may be established
as a regular procedure by the Contractor if he first obtains
the written permission of the Engineer, and that such permission'
may be revoked at any time by the Engineer if the Contractor
• fails to maintain at night an adequate force and equipment for
reasonable prosecution and supervision of the work.
M, Owner's and Engineers Protective Liability Insurance
The Contractor shall indemnify and save harmless the Owner
and Engineer from and againstall 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 $100,000.00/$500,000.00 limits, and with
such provisions as will protect the (honer and Engineer from
contingent liability under this contract. The cost of this
insurance is not an item whose cost will be participated in
by the Federal Government. Therefore, if required, the Contractor
shall furnish the Owner a cost breakdown.
-
HUD•4010
(:•16)
U.S. rrrARTMr NT or NOusiNG .'4p Ip;n AN Pr: r1 Or!'!,NT
COMMUNITY UL Vr I. UPyCNT D1.O1: K GRANT I'R')G RAM
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 ihcltided in this
Contract pursuant to the provisions applicable to such reI?esal assist-
ance.
2. 1111NII4U14 WAGE RATES FOR TL&BORFmS AND i, ,CHLA1JICS
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 s.lbseauent deduction or rebate on any .ac-.o'.:nt
(except such payroll deductions as are made r._:n•:atory by law and such
other payroll deductions as are per-nitted by the apnlickbie :•_rTla-
tions issued by the Secretary of L.:bor, United States D: ^ac t:•:nt of
Labor, pursuant to the Auti-'r'ickb-1ck Act her_>inrtftor anti.f?=d), ti:e
full amount due at tine of nay;.:ent co:::_;uted at ::age rat•_s not loss
than those contained in the wc��-e deter.nation decision of said
Secretary of Labor (a copy of which is attached and }:orein inco;r.orated
by reference), regardless of any contractual relaticnrah'_ wiCh r•,ay be
alleged to exist bet;een the Contractor or any s 1bcor t:"?Ctor '-rd such
laborers and mechanics. All laborers and rechrnics e:::2lc.d '.::;on :-uch
work shall be paid in cash, except that'ray:neht may be by ci:•=ck if the
employer provides or secures s?tisfactory facilities an_.rovod by the
Local Public Agency or Public Body for the cashing of the sa:_e without
cost or expense to the emoloyee. For the purpose of this cl.::ae,
contributions made or costs reasonably e.nticipated 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 PULTXJSC of this clause, regular contribu-
tions made or costs incurred for more than a weekly period r;:riel' plans,
funds, or pro&r=ms; but covering the particular weekly period, are
deemed to be constructively rade or incurred during such weekly
period.
3. UNDERPAYi•1`r:NTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any
oubcontractor 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
-1-
8-40
S
Aqyncy or I1:h1ic Body ray c'ul:iiiler'm•cn:;c:u1 to p::y :rich I:,bori'rn or
MV;1::!nics the 11111 ;-::aouut of .::il,i:; r4::,uirf'11 1•y thi:r C!,!;;.r.tet. [he
amount so wit_bh•?ld r::r:y be (ii::bur::cd by the l,onel Public Ac•:•ncy or
Public Body, for ;•.inl on account of the Contr:ctor or the ::ubcontr:tctor
(as may be aplronri.ate), to the respective labors:rs or n?chr'nics to.
• whom the sane i.s due or on their behalf to plans, funds, or programs
• for any type of fringe benefit prescribed in the r,pnl.icable wai,-e
determination. • ANTICIPATED COSTS OF FRINGE•BECEFiTS '
' If the Contractor does not ir:ike payrer:nts to a tr.:stce or other•
third nerson, lie mpy consider as part of the wnwes of.c:ny laborer or
i:.cchanic the :,mount of any costs roaeonr:bly ant,ici.;ated in providing
fringe benefitsunder a plan or prcg a;n of a type expressly listed in
the wage detenni.nati.on decision of the Secretary of Labor which is a
part of this Contract: Provided, however, tl:c Secretary of L:ebor has
found, upon the written requestof tile,Contractor, that the ;,uplicable
St£Lnd4rds of the D:.vis—P-'(:oll Act ) -tve .)^^R 11!11. The S'Je ru to 1'y of L":1)Or
rray require the Contractor to set aside in a :repcv::;te account .a.:::r:ts
for the meeting of obli.cati_cns under the pl:-.n or nrJrr;.^!. A copy of
any findin s l^ado by the Secretary of Labor in respect to Erin e b mefits
being provided by the OG❑t'.'a Ct-Or !'A ]::t be :;1:1:P!i ttc'd to the 1•CCal i ]b1.1C
A —inCy or Public Pody with the fi C:it payroll filed by the Contractor
• .ubs)C:Uuc?nt to r•'co lot of t1?find n s.
5. O'JE;RTj:•„ coE _-:: ?5!TION it•;Qlill''-;D BY Cots:;cT 'r Oii : ;:OURS AND S'-.Yr;i'Y
STANDARDS ACT (76 stat. 357-.360:: Title 1:0 U.S.C., sections 327-
332)
(a) Ove'rt!IIe reouir??:LJllts. No Contractor or subcontractor
oontra sting for any part of the Contract work which ray require or
involve the enploy!:,ent of laborers orrlechanics, including watchmen
• and ',lards, shall require or permit any laborer or c.cchanic in any
work- eek in which he is employed on such work to work in excess of 8
hours in any calendar day or in excess of J40 hours :n such work w.ek
n P such laborer e ei r Dr,rate u.1_ss or. r.._ch:.ni.c receives ce:::. _.l.,ation at a 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 1j0 hours
in such work week, as the case may be.
(b) Violation: liability for unpaid w':?r 7s Iir•.yid=red dan.a zs.
In -the event of my violation of the clause ect forth in parrccraph (a),
the Contractor and any subcontractor responsible therefor. shall be
liable' to' any affected employee for his unpaid, watt's. In addition,
such Contractor and: subcontractor. ehall be. liable to the United States
for liquidated d.r:,i-os. Such liquidated A;L!rues hn1.1 be connoted with
respect to each .individual laborer, or rnoch:!niC employed in violations
of the clause set forth in p:u'agranh (a), in the sum of $10 for each
calendar day on which such employee was required or permitted to work
-Z-
iuo-4010 (2.76)
8-41
in excess of 8 hours or in excess of the standard workweek of t)0 hours
without payment. of the overtime wages required by the clause set forth
in paragraph (a), .
(c) 'dit?il_ o_idina 'for lia�lidated dnr:�nThe Local Public Agency
or Public Body shall withhold or cause to be withheld, frown any ;moneys
payable on account of work perfoinod by the Contractor or. subcontractor,
such runs as nay • adnin.i.strat.ively he determined to be n•cccr:,iy to
satisfy any liabilities of such Contractor or cubcontractor for 1.ioui-
dated danar-es as provided in the clause set forth in _a..:. ranh (b).
(d) Subcontracts. The Contractor shall insert .in any subcontracts
the clauses 'set forth in para:;raphs (a), (b), and (c) of this Section
end also a clause requiri.ng the :iubcontrncto'rs to include these clauses
in any lower tier subcontracts which they ray enter into, to ,alter with
a clause requiring this insertion in any further subcon.bi cts that ra_y
in turn be made.
6. •11. pLoisnrr or Yr:zri?:r1.c a/'i:��:i?;: s
a. Apprentices will be pei:nitted to work at less then the ;rede-
termined rate for the work they perfor.:ed .rn they are e_
ployed and individually registered in a bona fide unrenticc-
ship proETa_rn reis`ered with the U. S. !)eD"-.1't,".ent of T.bor,
!ia_nno:•rer Ad!iini strati on, Bureau of A( renti.c ship end Tra;n;ng,
or with a State AUPronticeship L`cncy recoL'.ii;.ed by the ir: _'n i.ut
or if a person .is enp'I.oyed in his first 90 days of nrob=t.ionaiy
employment as an apprentice in such an ap_nrenticeshin pre ran,
who is not individually registered in the prorzan . but who has
been certified by the Bureau of Apprenticeship and Training or
a State Apprenticeship Agency (where aDprocriate) to be
eligible for probationa_ly employ:ent as an -U:_u_••.ntice. Tire
allowable ratio of apprentices to journey: -en in any craft classi-
fication shall not be greater than the ratio neunitted to the
contractor as to his entire work force under the registered:
proe-ran. Any emnloyee listed on a payroll at en apprentice
wage rate, who is not a trainee as defi.n^d in subdivision (b)
of this subnara�raph or is not registered or otherwise employed
as stated above, shall be paid the ware rate'deternined by the
Secretary of Labor for the classification of work he actually
performed. The contractor or subcontractor will be required to
-3-
8-42 HUD.4010 (2.76)
furnish to the contracting officer or a representative of the
Wa€e-]lour Division of the U. S. Dopartr..ent of 1.:,.bor. written
evidence of the rogi. trati.on of hi.S progr:L"n rd 1G1;e ItiCCS as
well as the appropriate ratios, ,and wt rates (Cw Grp , d in
percentajts'of the journoy:,rn hourly rates), for the area of
construction prior to uning :;ny amuentices on the contract
work. The w to rate paid ,y7nrentices ?hall be not l.es than
the &ppropriate percentn;t of the joiPfne Vi:�rn's rte Contaitod
in the' applicable. ,<a e detcn nrai.en:.
b: 'Trainees; 'Except as provided in
----- 9 GFR 5.15 tr<ai„c:,s will not
be pei1TiLttnd to work at less than the 3;h•ed' te.r;';;nd :' to for
the work De rfo7; od 111 i1.e s 1 ley are r:nn_ll.oved i+1]'_Y::1 F^lt t0 :_'d
individually rcF,`i stored in a nroVc;rn which }'.3S rece_i-,nd prior
approvals evi_dk•nced by fore^al oectificat inn, by t1:e U. S.
DCpa-rt:?nllt of Labor, 1'F'npo;•: r %dilinI stI'.:i, ion, l`,'_`\?::R of AT,Drnn:
'tice ::nd Traininr,. The ratio of trait'' -"s to jc..?':':'.'::n a.
^a11
not be b_- ter t} .n 1)C7.'!ittcl under the ol.:-n :-.I,::1n-;.�r� by the
I?rire au Of ::i)nrnn tl CCS}7ln and Training. �,.; ,,?._.. :.., ;.-�.e ...lgt be
0 0 -_•
paid at not less than the rate Foec i fled in t1n '„ ' ,
nra—
cram for his ]eve] of pro ens /.?iy c:: joynn listed on the
Payroll at a trainee rate who is not istcred and a_tici-
pating i.n, a training plan ..rul:'roved by the T1• -n:7:
ship and Training 5^.:all be Lnl.d not less th=n iC 'n
rate
Beteined by the Secretary of Labor for the rl =:::ai flea.?on of
work he actually performed. The cOnt7:?ctor or :".:b CO'lt raCtor
will be requiredto furnish the contracting officer or a rr-
e_oc
sentative of the Ware -Hour Division of the U. S. Dor_rtnent of
Labor written evidence of the certification of his :,ro _nm,
the registration of the trainees, and the ratios and .c
fates proscribed in thatproc-ra._in. 'ln'the event the T.roau
• of Apurenticeship and Training withdraws approval of a train—
ing program, the .contractor will no long be por:.nitted to
utilize trainees at less than the applicable predetermined'
rate for the work perfolrned until an acc^ntable prorras is
approved.
c. Ecual_Flinlovment Oonortuility. The utilization of apprentices,
II t�•aa,nees and joulneylnem under this hart shall be* in con . for:.lity
with ,the: equal ei:mlo-rment opi)ortiinity rootiirein.(rnts of, Executive
Order: 112176, as ia:x:nded, and 29 OFR part' 30.
-4-
8-43 HUD?010 (2-76)
7. }'IPLOYT4EI±P OF CERTAIN PERSGUS PROHIBITED
No person under the age of sixteen years and no person who, at the
time, is serving sentence in a penal or
be employed on the work covered by this
8. REGULATIONS PURSUANT TO SO-CALLrID "
correctional institution, shall
Contract.
t.bTI.-KICKPACKACT"
The Contractor shall comply with the' auplicahle re,ulations (a
copy of which is attached and herein incorporated by refc-rence) of the
Secretary of Labor, United States D'pa:t::art of Tabor, rsde p'.,s:::nt to
the so --called "Anti-Kic' back, Act" of June, 13, 1931) (I+8 Stat. 91(8: 62
Stat. 862; Title U.S.C., Section 871(: and Title I:0 U.S.C., Section 276c),
and any amendments or modif.i.cations-theroof, shall cause ?nnronriate
provisions to be inserted in snhrontracts to insure co:Dpliance tl3rewith
e thereto, :;:a e ,
by all subcontractors subject t..r.�o, and .l . 13 b._ r-.,pcn.,ib].e for the
submission of affidavits i'equi.red by Luheontracvors )ln •..r,;]]dnr, r;:ccept
as said Secretary of labor n':y :;t,ecificn1ly provlrle for ren:;oinah1e
limitations, variations, tolerances, and exc:notions f_C:1 the require—
ment's thereof.
9.
KVLO :-!''n1iP OF
I,r•.1?.013MIS
OR ;ihICII I. CS 1*2 LIST.�:.D
i1; 1 - ,:ir:::'.
iD '.'GE
DFrERNJNATION
D�:CISION
Any class of. laborers 'or mechanics which is not listed in the wni,e
deteriination and which is to be enoloy?d under the Contract will be
ns ias - f ...� the � n dc
- {..�! he
classified or recl....sified cot. or... bly to •i_ x,.:;_ i.cn by t.._
Local Public Agency or Public Body, and a rel;ort of the action L:•: -:en
shall be submitted by the Local Public Agency'or thl.ic Body, t.hrouSh
the Secretary of Housing and Urban Development, to the Srcrotaly of
Labor, United States Department of Labor. In the event the i:ltei•ested
parties cannot 'a:--rce on the proper cia:_,.ificat;on or reclas:;ification
of a particular class of laborers and ::ech,-'Ilics to be uoed, the question
accompanied by the rece__nendation of the Local Public et _ncy or Public
Body shall be referred, through the 'Secrotary•of Housing and Urban
Development, to the Secretary of Labor for final detei-=.i.nation.
10. FRINGE BE? FITS NOT EXPRFSSFM AS HOURLY 'a'AGE RATES
The Local Public Agency or Public Body shall require, ::honever the
minimum wage rate prescribed in the Contract for a class of laborers or
mechanics includes a fringe benefit which is not expre,sed as an hourly
wage rate and the 'Contractor is' obligated :to pay ;c:z^hc'ruivalent of such
a fringe benefit, an hourly. cash•enuivalent thereof to be established.
In the event the interested parties cannot acree upon a c2,h e1u.ivnlsnt
of the fring=e benefit, the question; accompanied by,Lhe vccor:_udt.ton
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.
-5-
HuD.4010 (2.76)
8-44
f
•
'
1
11... I'i)3; IIG 'did;?: I)id Eu; i I NAT 1 (1N i)EI2 I I Ur:;l U AII'I'I?1)R I :2:U WAl,r. iir UUC i' I0 .TS
The applicable i7a t roster of the Secretary of Labor, United States
Department of Labor, and the applicable was deter-ain.ati.on decisions of
said Secretary of Labor with respect to the V;!rious classification of
laborers and mechanics employed and to be employed upon the work covered
by this Contract, and a statu_;;,rnt ;Thowing all deductions, if ;any, in
accor-dnce with the provisions of this Contract, to be made from wags
actually earned by persons so ermloyed or to be omoloyed in such classi-
fications, shall be posted at anpronri.ate cnn.pi.cuous points at the site
of the work,
12. COI•R LAII PS, PRGCEE IIA;S, OR TESTJ:;OITY BY E iPT,OY'rIE:S
No laborer or. mechanic to whom the w -e, salary, or other labor
standards provisions of this Contract are annlicnble shall be dischr_rged
or in any other rc;uuler discrininatod ,•:Fain:;
t by th0 Contractor or al y
subcontractor because such cr.ployoe has filed any complaint or ins`.itu.Ited
or caused to be instituted my procoedi_ng,or has testified or is about to
testify in any'nr-oceeding under or relating to the labor stem?.ids appli-
cable under this Contract to hi.s.emp].oyer,.
13. CT 41i•6S AND DISF'u'!'ES I ;iiTAm ThG TO '.!GR R T'r:S
Claims and diGputes pertaining to ;dab rates or t0 c1 ssific2t'!cns
of laborers and rich. =miss cr:ployed upon the work covered by this Contract
shall be pro;nntly,reported by the Contractor in writing to the Local
Public Agency or, Public l'ody for referral by the later throe h the
Secretary of Housing and Urban,Develon;.2nt to the Secret,,,_ of Libor,
United States Departr_cnt of Labor; whose daci.sion shall be firal with
respectthereto,
ii, QUESTIONS COIICr 1TIITG CERTAIN FEDE;.RAL STATUTES AND RYUL.=.TIONS
All questions arising under this Contract which relate to the
application or interpretationof (a) the .aforesaid .Anti -F:ic}:back A'ct,
(b)'the Contract Work Hours and Safety 3t ndards Act, (c) the aforesaid
Davis=Bacon Act, (d) the re�ulations,isued by the Secretary of Labor,
United States Department of labor, pur3uant to said Acts, or (e) the
labor standards provisions of any.'other,pertinent Federal statute, shall
'be'refer-red, throe h.the.Loc,a1 Public le':nr_y.or Public Lody and the
• Secretary of I?ousi.nand.Urb::n,tovelop;gent, to the. Secretary of labor,
United 'States.bpartment of Tabor, for said Secretary's appropriate
ruling or interpretation which shall be authoritative and ray be relied
even for the purposes of this Contract,
PAYROM,T ; AND BASIC PAYROLL RECORDS OF COIi'PRACPOR AND SUh;GNTRAC'TORS
The Contractor and each subcontractor shall prepare his payrolls
on forms satisfactory to and in accordance with instructions to be
-6-
/IUD-4010 (2-76)
S-45
furnished by the Local ]hblic A; �ncy of Public 7ot1y. The Contractor
,_shall submit weekly to the Local Public ACvncy or Public Body two
.Ortified copies of all payrolls of the Contractor and of the :;ubcon-
actors, it being understood that the Contractor shall be re:;insib].e
for the submission of copies of payrolls of all subcontractors. F.ncii
such payroll shall contain the ";!eekly Statement of Co;npliance" set
forth in Section 3.3 of Title 29, Code of Federal RCL:ulations.. Tile'
payrolls and basic payroll records of the Contractor and each subcon-
tractor covn_rin„ all laborers:1nd mechanics entoloyed upon t11e work
covered by this Contract shall be maintained durin,, the course of the
work and preserved for a period of 3 years thereafter. Such payrolls
and basic payroll records shall contain the name ;ind ad:lr'>ss of each
such employee, his correct classification, rate of pay (nclac?ing r acs
of contributions or costs anticipated of the types described .in Secti.on
l(b)(2) of the Davis -Bacon Act), daily and weekly number of hours wo,ced,
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 wa;ls of any laborer or ri:?Ch ni.c
include the ,?:;1O1illt of an costs ].'ca sotln a
any bl.y ,nt.i.c,., ted in utvviding
benefits under a plan or pro}.r:rn described in ,,,ction 1(b)(2)(B) of i:ile
Davis -Bacon Act, the Contractor or r;nbcontractor :;hall rnintnin r.cords
which show that the corraitr nt to provide such bem-:fit:; is
that the plan or nroCram is .fin"ici.ally re.^non:;i.hl n_, :'d tha tae nl.an�
or prot'.nml has ber-n coit.'::iinicated in wri tin r to the 1 aba 11 rs or rl ni
affected, and records which Show the costs nnticinated'or Lhe :!ctual i
cost incurred in providing such U;nofits. The Contractor ;.nd each
subcontractor shall ma_Ke his e:nploymc:nt record^, with :rcupect to 1rrnns
employed by him upon the work covered by this ConLrnct :available for
inspection by autho.ri;.ed renre•ntatices of the Sec cc t;: cy of iki ii;in:; raid
Urban Developanent, the Local Public ALralcy or Public P-hdy, :'nd i.hn_ iin tr;d
States Departaent of Labor. Such rcpresentat.ives ;hn1.1 be li"iittr:d to
interview employees of the Contractor or of any subcontractor during
working hours on the job. .
16. SPECIFIC COVERAGE OF CERTAIN TYPES. OF WORK BY }!ZIPLOYFES
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 L-enernlity of the
foregoing provisions of this Contract, be doemed to be work to which
these Federal Labor Standards Provisions are applicable.
17. INELIGIBLE SUBCONTRACTORS
The Contractor shall not subcontract any part of the work covered
by this Contract or permit subcontracted work to be further subcontracted
8-46 HUD -4010 (2-76)
II
without the Local Public Apncy's. or fib) is Body's prior written r:pproval
of the subcontractor. The Loral Public i c:ncy or Public Poly will not
approve any subcontractor for work covered by this Contract who is at
the time ineligible under the provisions of e.ny applicable reZalations,
issued by the Secretary of Labor, United States Denrrt:;•;nt of i. bor or.
the Secretary of Housing and Ux-br,n Dc.veloiM ent, , to rc•clri-':c .nn a:rr.rdl of
such subcontract.
18. PROVISIONS TO BE IfCLUD:.'D lid CERTAIN SUBCO:i'i'RACTS
1 I
The Contractor shall include or cause tolbe'included in each
subcontract covering any'of the work covered by this (:f,ni.'ract,' provi=
sionswhich lire Icdnsi,stcnt 'with these Pedel,'1 Libor St:'1ard8' Provisions
and also a clause'requiring the subcontractors to Snclude such provisions
in any lower tier subcontracts which they may enter into, tgoather with
a claure requiring' such insertion in nny further subcentrocts that ray
in turn be made.
19. BREACH OF'FOR sOING Fr;Dr;3Rh TJ:BOR Si'A':D!_i;lS rilOVI:;IONS -
In addition'to the CnUis fur tar:ain:.ali.on of this Contract as'
herein elsowhare set forth, the Local Public Encor Public 3ody
reserves the right to'tci½.inate this Contraot if the Contractor or any
subcontractor whose subcontract covers any of the work covee•rad by this
Contract shall breach , ny of these Federal Labor S t':n'?:",ls Prwi si ens.
A breach of these Federal Labor Stanch rns Provisions my also be grounds
for debai.---ent as provided by the applicable reu'llations icsuod by the
Secretary of Labor, United States Depac'tront of T,•!bor.
. 1 . 1 . , .
...111 1' IiI • . 1
1.. ...L 1 1..•. 1.111. tpl I . I 1 •... 111 .... . 1 1i I .'
- .1, ii . ' I 1.1... .I1.
..1 1 11 1 1 •u.. 1...11 I. 111 1 /I i11 1 III 1 .
.1111 it Illi.. 1 . 1. 1.. 1.1 . 1 . .1I 1. I . .. '.
8-47
IIUD-l010 (2.76)
ATTACIINENT TO FEDERAL LAISOR STANDARDS PROVISIONS
SO-CALLED "ANTI-KICKBACKACT"' AND RECULA'.1'IONS PROMULGATED
(- PURSUANT TIIERE'1'0 BY 171E SECRETARY OF LABOR
UNITED STATES DEPARITIENT OF LABOR
TITLE 18, U.S.C., section 874
(Replaces section 1 of'the Act of June 13, 1934 (48 Stat. 948, 40=U.S.C.,
.sec. 276B) pursuant to the Act of June 25, 1948, 62 Stat. 862)'
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
Whoever, by,forcei intimidation, or threat of procuring dismisal from
employment,•or by any other manner whatsoever induces' any person employed in
the constructions prosecution, completion or repair of any public building,
public work,, or, building or work financed in whole or in part by loans or
grants from the United States, to give up any part of tlu compensation to
which he is entitled under his contract of employment, shall be fined not
more than $5,000 or imprisoned not more than five years, or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED I
(48 Stat. 948, 62 Stat 862, 63 Stat. 108, 72 Stat. 967, 40 U.S.C, sec. 276c)
The Secretary of' Labor shall make reasonableregulations for contractors
and subcontractors engaged in the construction, prosecution, competion or
repair of public buildings public works orbuildings or works financed in
whole or in part by loans or grants from the United States, including a
provision that each contractor and subcontractor shall furnish weekly a
statement with respect to the wages paid each employee during the preceding
week. Section 1001.of Title 18 (United States Code) shall apply to such
statements.
- - - xxx- - -
Pursuant to the aforesaid Anti -Kickback Act, the
Secretary. of
Labor,
United States Department of Labor, 'has
promulgated the
regulations
herein-
after set forth, which regulations are
found in Title
29, Subtitle
A, Code
of Federal Regulations, Part 3. The
term "this part,"
as used in
the regu-
lations;hereinafte.r set forth, refers
to Part 3 last above
mentioned.
Said
regulations, are as, follows:
.. ,.
•
;
TITLE 29 - LABOR
Subtitle A -Office of the Secretary of Labor,
PART 3 -'CONTRACTORS AND SUBCONTRACTORS ON PUBLIC- 'BUILDING, OR PUBLIC WORK
'IFINANCED-IN WIIOLE OR'IN PART 1Y LOANS OR GRANTS FROM'171E'UNITED STATES
I .I , I,
Section 3.1 Purpose and scope.
part' pre;:cribei; ":uiii-kickback" rcguiciLion:; tindL•r section' 2 of Lite
Att bf"9unc.13, 1934, as aiucnilcd'(40IU.S.C.'276C)•, popularly' known as the Copc-
land Act':' This' part applies' to hriy ton tract 'which is subjett•to Federal wage
,
. . I .I . , , , .. . p. .I . .
HUD 4238-5(R) -9-
8-48
standards and which is for the construction, prosecution, completion, or repair
of public buildings, public works.or buildings or works financed in whole or
in part by loans or grants from the United States, 11ie part is intended to
aid in the enforcement of the minimum wage provisions of. the Davis -flacon Act
and the various statutes dealing with Federally -assisted construction that
contain similar minimum wage provisions, including those provisions which are
not subject to Reorganization Plan No. 14 (e.g., the College Rousing Act of
1950, the Federal Water Pollution Control Act, and the (lousing Act of 1959);
and in the enforcement of the overtime provisions of the Contract Work flours
Standards Act whenever they are applicable to construction work. The part
details the obligation of contractors and subcontractors relative to the
weekly submission of statements regarding the wages paid on work covered there-
by; sets forth the circumstances and procedures governing the making of pay-
roll deductions from the wages of, those, employed on such work; and delineates
the methods of payment permissible on such work.
Section 3.2 Definitions, •
As used in the rgulations in this part:
(a) •The terms "Building" or "work" generally include construction activity
as distinguished from manufacturing, furnishing of materials, or servicing and
maintenance work. The terms include, without limitations, buildings,
structures, and improvements of all types, such as bridges,:dams, plants, high-
ways, parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping
stations, railways,. airports, terminals, docks, piers, wharves, ways, light-
houses, buoys, jetties, breakwaters, levees, and canals; dredging,, shoring,
scaffolding, drilling, blasting, excavating, clearing, and landscaping. Un-
less conducted in connection with and at the site of such a building or work
as is described in the foregoing sentence, the manufacture or furnishing of
materials, articles, supplies, or equipment (whether or not a Federal or State
agency acquires title to such materials, articles, supplies, or equipment
during the course of the manufacture or furnishing, or owns the materials
from which they are manufactured or -furnished) is not a "building" or "work"
within the meaning of the regulations in this part.
(b) The terms "construction," "prosecution," "completion," or "repair"
mean all types of work done on a particular building or work at the site there-
of, including, without limitations, altering, remodelingi painting and decorating,
the transporting of materials and supplies to or from the building or work by
the employees of the construction contractor or construction subcontractor, and
and the'manufacturing or furnishing of materials, articics,'supplies, or equip-
ment on the site of the building or work, by persons employed at the site by
the contractor or subcontractor.
(c)''The terms "public building" ors"public'work" include building or work
i . f
for whose construction2 prose'c'ution, conplctiou, or repair, as defined above,
a Federal agency is a'cbntracting'pnrty, regardless of whether tiLle thereof
is in.a_Federal,agency... ;
(d)._The: term "building or, work financed in whole or in part by.loans or
grants from the. United States!'includes building or work for whose construction,
prosecution, completion, or repair, as defined above, payment or part pay-
ment is made directly or indirectly from funds provided by loans or rants
by a Federal agency. The term does not include building or work for which Federal
assistance is limited solely to loan guarantees or insurance.
0
. 1 .
-10-
8-49
(e) Every person paid by a contractor or subcontractor in any manner
for his labor in the construction, prosecution, completion, or, repair of a
public building or public work or building; or work financed in whole or in
part by loans or grants from the United States is "employed" and receiving
"wages" regardless of any contractual relationship alleged to exist between
him and the real employer. •
(f) The term "any affiliated person" includes a spouse, child, parent, or
close relative of the contractor or subcontractor; a partner or officer of
the contractor or subcontractor; a corporation closely connected with the
contractor or subcontractor as parent, subsidiary or otherwise, and an officer
or agent of such corporation.
(g). The term "Federal agency" means the United States, the District of
Columbia„ and all executive departments, independent establishments, ad-
ministrative agencies, and instrumentalities of the United States and of the
District of Columbia, including corporations, all or substantially all of the
stock of which is beneficially owned by the United States, by the District
of Columbia, or any of the foregoing departments, establishments, agencies,
and instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term !'employee" shall not apply to
persons in classifications highter than that of laborer or mechanic and
those who are the immediate supervisors of such employees.
(b) Each contractor or subcontractor engaged in the construction, pro=,
secution, completion, or repair of any public building or public work, or
building or work financed in whole or in part by loans or grants from the United
States, shall furnish each week a statement.with respect to the wages paid
each of its employees engaged' on work covered by 29 CFR Parts 3 and 5 during
the preceding weekly payroll period. This statement shall be executed by the
contractor or subcontractor or 'by an authorized officer or employee of the
contractor or subcontractor who supervises the payment of wages, and shall be
on form W11 348, "Statement of Compliance," or on an identical form on the
back of WH 317, "Payroll (For Contractors Optional Use)" or on any form
with identical wording., Sample copies of W11 317 and WII 348 may be obtained
from the Government contracting or sponsoring, agency,, and copies of these forms
may be purchased at the Government Printing Office.
(c) The requirements of this section shall not apply to any contract of
$2,000 or less.
•(d)— Upon'a written 'finding by the head of 'a Federal agency; 'the Secre-
tary of Labor may provide"reasonable limitationsi variations, tolerances, and
exemptions 'from the requirements of this section' subject to such conditions
is:the'Secretary-of Labor may specify.
(29 ,F.R, 95,i 14 an,,.4,.,1964,, as amended at 33 I'.K, 10,186, July 17, _ 1968)
Section'3.'41 Subfnission of weekly statement s'and '-tlie preservation and 'in-
spection of weekly- payroll' records.' '
I.. : I !.: :1. I: :• r .. , . :: . :. I r r
. 1 (a) ,E,,ach,weekly statement required,under,above section 3.3 ,sl}all ,be
delivered, by the contr,actor.or,subcontractor,.within seven days after the.
,
r
-11-
8-50
regular payment date of the payroll period, to a representative of a Federal
.or State agency in charge at the site of the building or work, or, if .there
is no representative of a Feaeral.or State agency at the site of the building
or work, the statement shall be mailed by the contractor or subcontractor,
within such time, to a Federal or State agency contracting for or financing the
buidling or work. After such examination and check.as may be made, such state-
ment, or a copy thereof, shall be kept, available, or shall be transmitted to-
gether with a report of any violation, in accordance with applicable procedures
prescribed by the 'United States Department of Labor.
(b) Each contractor or subcontractor shall preserve his weekly payroll
records for a period of three years from date of completion of the contract.
The payroll records shall set out accurately and completely the'name and address
or each laborer 'and mechanic, his correct classification, rate of pay, daily
and weekly number of hours worked, deductions made, and actual wages paid.
.Such payroll' records shall, be made available at all times for inspection by
the contracting officer. or his authorized representative, and by. authorized
representatives of the Department of Labor. . .
Section 3.5 Payroll deductions permissible without application to or approval
of the Secretary of Labor..
Deductions made under the eircumstances'or in. the situations'described
in the paragraphs of 'this section may be made 'without application to and approval
of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements of Federal,
State, or local law, such as Federal or State withlioldirig income taxes and
Federal social security taxes.
(b) Any deduction' of sums previously 'paid to the employee as a bona
fide prepayment.of wages when such prepayment is• niade without discount or
interest.' A "bona fide prepayment of wages"`is coirsidered to have been made
only when cash or its equivalent has been advanced.to the person. employed in
such manner as to give him complete freedom of disposition of the. advanced
funds. ' .. , .. .
(c) Any deduction of amounts required by court process to be paid to
another, unless the deduction is in favor of the contractor, subcontractor
or any affiliated person, or when'collusion or collaboration exists.
(d), Any deduction constituting;a contribution on behalf of .the person
employed1ito.funds ,established , by the employer or. representatives of.employees,
-or both,, for the purpose of. providing either from principal or income, or
both, medical or hospital care, pensions or annuities on retirement, death
benefits, compensation for injuries, illness, accidents, sickness, or dis-
ability, or'for insurance't6 provide 'any of' the foregoing, or unemployment'
:benefits,..vacation pay,, savings accounts,' or similar payments for .the
benefit of employees, their families and dependents: PROVIDED, HOWEVER,
That the following htandards'arc'inet: (1) The ileduct-'ion is not otlicrvise
prohibited by law;'(2)' it id 'dither: (i) VoluntarilyIconsented'td by the
employee'in writing and in advance of the period in which the work is to be
done and such consent is not a condition either. for. the obtaining.. of for for
the continuation of employment, or (ii) provided for in a bona fide collective
bargaining agreement between the contractor or subcontractor and representatives
of its employees;'(3) noprofit • or' other benefit 'i's otherwise obtained,
directly or indirectly, by the contractor or subcontractor or any affiliated
person in the form of commission, dividend, or otherwise; and (4) the deductions
.shall serve the convenience and interest of the employee.
'-12-
8-51
(e) Any deduction
(
Defense Stamps and Bond
(f) Any deduction
loans to or to purchase
accordance with Federal
contributing towdrd the purchase of United States
s when voluntarily authorized by the employee.
requested by the employee to enable him to repay
.shares in credit unions organized and operated in
and State credit union statutes.
(g) Any deduction voluntarily authorized by the employee for the making
of contributions to governmental or quasi -governmental agencies, such as
the American Red Cross,
(h) Any deduction voluntarily authorized by the employee for the making
of contributions to Community Chests, United Givers Funds, and similiar
charitable organizations.
(i) Any deductions to pay'regular union initiation fees and membership
dues, not including fines or special assessments; PROVIDED, HOWEVER, That
a collective barganing agreement between 'the 'contractor or'sub'contractor and
representatives of its employees provides for such• deductions and the de-
ductions are not otherwise prohibited by law. '
(j) Any deduction not more than for the "reasonable cost" of board,
lodging, or other facilities meeting therequirements of section 3(m) of
the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title.
When such a deduction is made the additional records required under section
516.27(a) of'this title shall be kept. "
Section 3.6 Payroll deductions permissible with the approval of the
Secretary of Labor.
Any contractor or subcontractor may apply to 'the Secretary of Labor for
permission to make any deduction not permitted under section 3.5. The
Secretary may grant permission whenever he finds that:
(a) ilie contractor, subcontractor, or any affiliated person does not
make a profit or benefit directly or indirectly from the deduction either
in the form of a commission, dividend, or otherwise;
(b) The'deduction is not otherwise prohibited by
(c) The, deduction is either (1) voluntarily consented to by the
employee in writing and in advance of the period•in which the work is to
be done and such consent is not a condition either for the obtaining of
employment or its continuance, or (2) provided for in a bona fide collective
bargaining agreement between the contractor or subcontractor and repre-
sentatives of its employees; and
(d) The deduction serves the convenience and interest of the employee.
Section 3.7 Applications for the approval of the Secretary of Labor.
Any application for the making of payroll deductions under section 3.6
shall comply with the requirements prescribed in the following paragraphs
of this section:
(a) The application shall be in writing and shall be addressed to the
Secretary of Labor.
(b) The application shall identify the contract or contracts under which
-=13-
8-52
the work in question is to be performed. Permission will be given for de-
ductions only on specific, identified contracts, except upon a showing of
exceptional circumstances. (c) .The application shall state affirmatively that there is compliance
with the standards set forth•in,the provisions of section 3.6. The affirmation
shall be accompanied by a full statement of the facts indicating such coin-
pliance. -
(d) The application shall include'a'description of the proposed deduction,
the purpose to be served thereby, and the classes of laborers or mechanics
from whose wages the proposed deductionwould be'made.
(e) The application.s11 state the name and business of any third per-
son to whom any funds obtained from the proposed deductions are to be trans-
mitted and the.affiliation of such person, if any, with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not the requested
deduction is permissible under provisions of section 3.6; and shall notify
the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
. I
Deductions not elsewhere provided for by this part and which are not
found to be permissible under section 3.6 are prohibited.
Section 3.10 Methods of payment of wages. •
The payment of wages shall be by cash, negotiable instruments payable
on demand, or the additional forms of compensation for which deductions
are permissible under this part. No other methods of payment shall be
recognized on work subject to the Copeland Act.
Section 3.11 Regulations part of contract.
All contracts made with respect to the construction, prosecution,
completion, or repair of any public building or public work or building or
work financed in whole or in part by loans or grants from the United States
covered by the regulations in this part shall expressly bind the contractor
or subcontractor to comply with such of the regulations in this part as may
be applicable. In this regard, section 5.5(a) of this subtitle.
It
' .1,,
it .. r 11.. .,. 11rr •..err.. -
P I, . III
... , 1.1 r,.. I 1 ..r'
1-r - I.. I.... f
HUD 4238-S(R)
-14-
8.53
DIVISION .1 - GENERAL 1'I<OViSION:_
SECTION - Ol General Descripliun
- 02 Legal Address of Owner
- 03 Verificaliori
- 04 Liquidated Damages
-'05 Safety
06 Office & Sanitary Facilities
= 07Construction' on Private llrope'rty
08 Notificatiou'of Utility Companies
09 Co-ConLractor Bids
-10 Bid Procedures •
11 Schedule of Operations
-12 Fights -of -Way on Private'1roperty
13 Protection & Mainteiuuwe of'Public & Pri'vate i-roperty
-' 14 Maintenance of Traffic I '
! - 15 Pavement Removal & Replateme�t'
-'16 Barricades & Lights
17 Fences
18 Progress Photographs
19'Responsibility of Contractor for Backfill
-'20' Testing
21 Buse Line & Bench Marks.
22 Classification of Excavated Material
L. 23 Measurement & Payment '
DIVISION 2'- GENERAL PIPE INS'TALLAT'ION ' •
SECTION -,01 Cleaning
02 Inspection
03 Laying Pipe
DIVISION 3 - EAR'TIiWORK
SECTION 01 Scope
02 General Requirements ' '
03 Trench Excavatl'oh '"
04 Tunneling & Boring
05 Bock Excavatien
06'BackfilIing'
' 07' Stream Crossing F "'
'08 Protection of 'french Backfill'in D'rainage"Coura'es
'-' C9' Disposal of Excess Exca'vat'ed Maci6rial I,
- 10 Paved Surfaces
- 11 Grading & Seeding ' •
_12'!Resbdding .
13 Preservation of Trees rx!'Shrirb'S
•
" - 14 Removal' ' ' of WaterI !'
15'Measureinent'&'Payment"
.1.6 Water ,Line ,& Sewer Line Separation ,
17 Pipe Embedment ,.
- 18 Trench Backfill
-- 19, Grubbing &: Clearing
IIIVI:;J(iN. I - cF:NFa;nl, I k0VI:,ltlr::.
- 01, CIiNI:I:AI..DE:;eRI l''I'J.(7N, the wotl< to lie purl armed uo(1ci I Lu:.r 'it r .c I
• documents cotl:;i.sL:c-of the furiti.sliilq: ul - r111 I..Ihol:, m.11 :11.11'., l:q'iip: l.ehll,
tools, :nIl)t:FinI(:Il(IUIIC(1 (I71(t all oLller service,, IICI[U'. b:lr y lot I bc: ',';,,i r '1i,11.
of the project- as shown on plans.
02.. LEI.Al,.ADDRLS5 OF uWPilif;. The 1gl;al ndl�rc;; of Ih(:Owllnr
a:4 shown on'tlte.cover Sheet of the ;Specil.i.calioo:l. .
03. V,EI� I F ICA'I' I ON., llttl_,1 conceriiiul; sklrl;icc ieatnros, pre:, ot o!:.11u linh.
on or near site, locations of pipes, roads, etc. Dave horn obtr.liner] I n:11
sources Lite ]:ngincer believes rel iabl but accuracy .ul Sul;Ih d.,1,a i •, Ilul
guaranlcetl and is .furnished solely, fort:11e,accommodalion of the Cunt- r;ictur,
Use of. such data is made at the ConiraClor's ri;lk and no ad(i,t iota;Ii .11'iuw.u!c(
will be granted_ because of Contract.or's Incl( of knawlud};c of t:xi:;Lin;; cumlitiuhhn.
1'lle Contractor shall be responsible for to e yen il iuht.f uu ill :11 me.rnu •;ants
shown on the (]rawi-ngs and/or other new cousLr,ci.cliorh,ou the promisvr;. I.; IC?
bidder, is, required Lo. form It1S own opinion of the,ch:er;ict'er of the nc•Icrhl•;
and of, other couditions Lo Ue encouulered I.rom .iii incpoctiuu of the :.ire.h, from
his own . interpretation o1. t.est hole i.nformatiun :111(1 f ronl such invest f;.;.it ion
as he may care. Lo in:ike.
04. LIQUIDATED DAMACI, Liquidated dam;i};e:; will Le ns:,cssc(1- in Lhu cvunl
of ail overrun of' time requiredto complete � the work etc ,;cr i hid by I
specifications in the atilount of SeJenLy-Five 0ollars($15.00) per d:ly.
Contractor shall p:iy said damages fo Owner' ptior to (icceplance of the cuns1 putt f:t
by the Engineer. .
O5. SAFE1•Y, ;Contractor sItoIl culpply .wi.II, the Occup:lI ion S;htoLy :Intl II.'.hI 111
Standards Act of 1964, and the.latest revision Llhereof.,
. . .. , h ,
06, OFFICE AND SANITARY FACILITIES. A construcLion of Iicu will he needal
as 'required by Lite Contractor when required by Law. :;,.miLary faciliLi4s.wiI)
be required as needed to conform with.city or county ordinances or roles,
07..coN:'•['RUCTI@N ON PRIVATE EROPE](TY; A120-foat.wi(IC permancnI u: ;e el I
and a 30 -foot wide Lemporary construction easement :;hatI he provided i,y ILc
owner for construction of sewer sysr.crnhuc'ross Private properly It; :;IIowll'ohl
plans. The'ConLractor shallIiiiit dmfiage'uor destroy obstrucIi.ons wiLIIi.II are,..
Satisfaclory'scttlement'for suet-' ddtiiage'shall tie made by 'the Contractor
directly to the property' Owtiet. Pavements and drains shall be restored
inmiediaLely following construction of project, to the or'igi unl Condi.li all
thereof: hs: determined and approved byh Lite Eii i.iieet_ "the Coil l:idol: •:I,;II I (..:.. L,.
]Iis'Work, ;o as'fo- interfere'as little os possilife with :irL.1'11'.IIIic. IL„
Contractot ,shall con,idcr -Section 1:-'14, "I'1;lititeniincu ul 'I'i'.1l'I i C' oh
'specification's as pertaining to this area also. -.
Underground.. utilities as shown on Lite.1'lans arc Ile: propert V of lor.tl I:t i I
companies.... All utility, companies, shall, be not.if.ied. 4Ui hours prior, Io •.I ;hr( in;(
construction in Lite. area, , to, uncover .their ownIFaci li Lii's., hl I,e Coal rah: I or :
shall:cooperaLe.with all,Utility Companies. I
,
- 08. NOTIFICATION 01_ LI'I'1'L]_'1'1' C(IIII'ANl I'.5, lilt.: Cur1u Curl Itll i rp„
Il .ilI' Inr
iufo.nnin}: Ut ill Ly Cunlpanies 48 hour:; prior. Lo stall of tole t rut: t l lilt I ul
the purpose of. beating existing utilities. Tl to GoilI r;,cl ur :i:. re::pl I I!.itil :
for any and all damage, Lo uLi lily Lines lie mi);III dam.lpc ill 1111- cn11 r'11 Id
construction, furtllcnnorc, hue Engi.nccr shall nut III! h('Id I i.,II,Lc for ','1
(l;nua};1-s.
09. CO-CON'l'RACTQR R1I)S. In the case of two coils rd l ur :.'wt.rk ills, na I: >..:^:o
job„ each, contractor :drill, be re q)1- usi blc for coorlliit 11 soil.. P,i •.' I ' P:I hall.
with Lite other contractor ;nld• shall be respon:.iIllc for ..i,, d.nli:,gc 'hint': It, I,i•
respective work by the other contractor. 'I'llc t:n):,inccl: sa,,;ll c:ol Lo I,cld
responsi,bl.eJot any dam;ip•i: of any kind.
10. BID PROCEDURES. 'I'lic Contractor shall hid s;lid project in Ic'cord.,nce Ifs ti,
construction documents and proposal included. Extra compensation for Irry unit
of construction must' be iletiiized in Lite; proposal ailil included wi 11, the hid,
II. ' SCIIEDULE OF bl'ERA'I'ION:;. Before work is •:L:rrl c UI, ii,.' Cant r:,c1 Ire ,L:111
prepare'it detailed schedule of; nil construction ope,r.:tioii; Ihnt shat not
only indicate the dequence of work,' but also the expected lime of :.t,rtill.
and compleli on of cacti part. 'fhe schedule sG+l1.'1, lie ::ul,mi tied to I lie f:ny;i ricer
for approval.
If conditions' beyond Lite control of Lite Contractor jusl.i.fy, and ilt Owner
approves a deviation from Llfe above • expected time, I.hc Contractor shill service
the construction schedule in accordanbe' with the approved cL:uq;c, ftc ,Owner
may tequire'Ule ConLracLor to add to hi.s construction force:; as well n❑ incre: :.o
his working hours if operations ['al.l behind the approved scl�eduie Lo :ill
that the completion of work within Lhe specified time appears doubtful.
The cut -in of Water and sewer lines into t1iEf ex1 ;t11'y !;ystetll !;11111 Le c flout!
as Lo make Lite Least possible lllterrupLioli of tine 1 uorlllal I un(.tiollil,)', n1 thee
city services. l'ite timing of this work shall be p1.Innod by Lite Contractor and
authorized by the Owner or his agent before proceedin)•,.
12. RILIII'1'S-01•'-WAY ON PRIVATE PROPERTY, Tbe'necessary perluaneni of tunlpor:,r;
rights -of -way for the construction will tie provided I,y tie Owner. ll,e cel,ter-
line of pipe line rights -of -way' across private property will be marked Ly Line
Engineer with stakes set at' intervals of approxiulately 200 leer
The Contractor shall be responsible for, all (Iarmige to crops :fad utter prupe!Ii
outside of the boundries of the rights -of -way, and shall make sutisfacl.ory 'er-
tlement for the damage directly with the property.ownet and tenant involved,
as their interests may require:' �
' 13. • PROTECTION' AND t•1AIN'1'ENANCli OF PUBLIC AND, I'I1''VAI'E 1'kOPER'IY. lie- '
Contractor 'shall prutect1 shore, brace, support., .Ind nuts rl l'. rin :III. uIl'I, I),,ro•Iwl
pipes, cbudbits', drains 'and' other utidergrbund' cunstrucLi.oli uncuvercd ur
otherwise' affected by' the coils Lruetion. work. perLormed Ly iuim. A] I p.rie:ucnl ,
surfacin ,Idriveways,,curbs, walks,,buildjngs,, utility poles, guy wires,anti]
oilier surface' structures affectedlby consLructioil oper;pions iii. cunneclioil l itit
the performance of the contract, together with all sod Ind sliruh'c in v.ir.11:;
and parkings' removed' br otheiwise damaged', shall be restored to' Lilc n; i)A1kutll
condiition!therof as determined and approved by the Engincer.Al]. repliicel:ients
of, sucli'underground construction and surface structures ot• parts Un:reof • .ball
be.made with, new materials, conforming to the requirements of these r,peciIic..tio:
or, if not specified, as approved by the Engineer.
'1hc Contractor shall be responsible for all d.uuage to :•Lroets, ro.,d•., Ligl1w.1vs,
shoulders, ditches, endi:,nkmenLs, culverts, bridge:;, or of her pull is or pi ivii,:
properly or facility, regardless of location or cle,ractcr, which may Le caused
by moving, hauling, or otherwise iransporling equipment, materials, or men
to or from the work or any pary of Lite site thereof. '11w Contractor shall make
satisfactory and acceptable arrangements with Lite Owner of, or the agency or
authority having jurisdiction over the damaged property or facili Ly, concerning
its repair or replacement or payment' of costs incurred in Lice' connection with
said damage. .
The Contractor is responsible for notifying, the affected governing bodies (City
Water and Sewer Departments) 48 hours prior to start of construction and is
respondible for any and all fees.
},
-14. MAINTENANCE'OF TRAFFIC. The Contractor shall conduct' his work so as to
interfere as little' as possible with public'tiavel, whether ,ehicular or
pedestrial, and' shall provide and maintain suitable and' safe bridges, detrours,
or other temporary expedients for accommodation of habLic ;nail Private travel.
Owners' of private drives shall be given reasonable notice by the Contractor,
before' initiation of construction which would interfere with Lite normal passage
of public or private travel, of the daLe and extent of construction time involved.
In making open cut street crossings Lite Contractor shall not block more than 2
of Lite street at a time. Whenever possible Lite Contractor shall widen Like
shoulder on the opposite side to facilitate traffic flow. Temporary surfacing
shall be provided as necessary on shoulders. I, ,
15. PAVEMENT REMOVAL AND REPLACEMEN'J'..Where surfaced sLreeLs, walks, drives
or parking areas are cut, removed or damngud,in tile. eXecutioli� Of Lhe work, the
Contractor shall replace all pavement;:. or other surf acingnso removed or d:un.tge'l
to their original, or better, stale and condition, to tile satisfaction and
approval of the Engineer.
After trench backfill, the Contractor.sh:al1 provide II gravel surface at le,ist
6 inches in depth which he, shall maintain until the permanent pavement is
replaced or the expiration, of the contract and performance bond period, 1'Ile
gravel, shall be of: the quality normally used, by Lhe, City and shall have
size gradation that will allow dense compaction, and shall be free froin lumps
or'b'alls of' clay or oilier 'bbjectionable'mai.erials. Approval of boLli the
material and the source of supply must be obtained from the Engineer prior to
delivery of any material on the site of work.
Pavements constructed of asphalt or concrete, shall be removed in r. ctreful,•
manner and so that a shoulder, npt less. than 6, inches in width at any point is
left between the cut edge of, the pavment.and Lhe top edge, of, the, trench, All
asphalt or black -Lop pavements, removed or. cl:uungged, slut l lie replaced wi ii, 2.
inches of S11-2 Base, and 6 inches of reinforced concrete. Concrete ,,hail comp):.
with minimum requirements. shown on project. plans. ,
All concrete pavements, removed or damaged'', shall be' replaced'with2 inches of
SB=2'Base: and' a 6 inch concrete slab reinforced with 0.25`4 steel:
Gravel surfaced streets. shall require n.o.repaving oilier that] the gravel surface
as specified above, to be placed immediately, after the trench isbackf,illed. A
trench in a graveled .street will be considered as having bee.nrep;,tvedwhen Lite
graveled surface has become stable and is at proper grade..
All gravel. su'rlaciuty:, walks, drives or pa ktrlp, area:., tcnulrcIl llr 11.im.l:'1'ii,
(• shall be replaced with new ❑tateri.at as specflicd. All co:.[!; HI c,'tlllrt t ill•1
with •the removal and replacement of such aurIacing„ iucI.udillg 1.11e iculpl,r.lry
gravel surface on asphalt paved streets shall be ccitsidored a subsidiary ob-
ligation of the Contractor and shall be included in the unit price:, Lill for
the pay item affected thereby,
16. BARR1.CADES AND LIGHTS. All; streets, rows, Ili,y;llw:lys or ur.btr public
thoroughfares which are closed, to traffic shall be protected by me.uls of
effective ;barricadeson which shall ,be, placed acr_^pt.nble warning signs.
Barricadesshall also be, located at the nearest intersecIirig public IliiI.wrty.
or street on each. side, of lire blocked section.
All open trenches and other excavations shall be provided with suitable
barriers, sign, and lights to the extext UraL,aduquate protection is provided
to the public. Obstructions, such as materialpiLes and equipment, shall he
provided will} similar warning signs and lights. Alt 'llarricades .Ind obstructions
shall be illuminated by means of warning lights n night. All lip,hts used
for this purpose shall be kept burning from sunset ro sunrise „ Materials stored
upon or alongside public streets and highways shall he so placed, alit] the work
at all times shall be so conducted, as to cause, the minimum obstruction and
inconvience to the traveling public. All barricades and light expenses will
be paid b.y the Contractor.
- 17. FENCES. All existing fences which interfere with the cdnstructijoo
operations shall be maintained by the Contractor until the completion of tl,e
work affected thereby, unless written permission is obtained from the Owner
thereof to leave an interfering fence dismantled for an agreed period of time.
Where fences must be maintained accross the right-of-w:ay, adequate gIles ::hull.
be installed therin. Gates shall be kept'closed and locked,a all times when
not in use. I
On completion of the work across any tract of land, the.Contr:lclor shall restoI:
all fences to their original or to a better condition :,utd quality, purch:,.ilig
new material to replace all materials lost, damaged, or destroyed. Temporary
gates installed by the Contractor in any fence line may be left in place will:
the pprmission of the Owner and• tenant of, the proPerty.
.All materials used in fence repairs'or replacements shall'be approved by the
Engineer. .
18. PROGRESS PHHOTOGRAPHIS. •Photographs of the construction, work will be. taken
before, during, and upon completion of construction. Such photographs shrill
be taken at the direction of the Etig'ineer.'Contractor sh:fll. 'provi"le .1
Polaroid camera'and all required film fork this liurikise;whcft r:equesi by
Engineer: .
- '19: ' RESPONSII3ILI.17 OF' CONTRACTOR FOR 13ACKFILL01 The Cor'terac t dr sh.111 be re-
sponsible; financially and otherwise, for (a) all settlement of trench and
other backfill which may .occur ,from the time of original backfill.irag until
the expiration of one ,year ,after the date of final payment for the entire
contract under which the backfilling work was performed, (b) the rt:fiii jug
and repair of all backfill settlement and the repair or replacement to the
original or a better'condition of all pavement, top surfacings, driveways,
areaways, curbs,' gutters, walks, sirface•structuren, uti.l.itte ,'drainny;e facilit
ies, sod, and shrubbery, which have been damaged as a redult of b,,ckfill settle-
ment or which have been removed or destroyed in connection with tl:,ckfill repl.ucc-
ment operations, and (c) all damage claims or court actions against the Owner
for any damage directly or indirectly caused by backfill settlement.
C
The Contractor ::hall make, or cause to be made•, all noe;r•:p.al '• I::irkl ill ih place-
ments, or repairs or replacement appurtenant Lhurrii witiin thirty clays alter
due notification by the Engineer or Owner.
20. TESTING. Testing facilities and personnel, required for testing of Lite
project will be furnished by the Contractor:
-
- 21. BASE LINES AND 15ENCII MAIMS. 'The Contractor shall Iurnish cumpetcut
personnel with work tools and': material'and shall assist' the Enainecr in the
establishment of base lines,: bench marks rand other basic reference media needed
to control the location and elevation of work under this contract. Thereafter,
the Contractor shall carefully preserve such vertical and horizontal control
and shall make and be responsible for all measuruuents from it to the work to
be done.
Tile Contractor shall compensate the Engineer for replacing damaged controls
(such as hubs and stakes for horizontal and vertical control) at the cite of
$30.00 dollars per hour with a minimum of $30.00 dull:n[s: per appear.ince,
22. CLASSIFICATION OF EXCAVA'.1'ED MATERIALS. Excavated material shall be
classified as earth excavation and blast rock.excavalion. Blast rock ex-
cavation shall be composed of rock not removable by a.hackbuc using chopping
and prying action but requiring drilling and hlasti.ng or air tools for it;:
removal. •
Chert, slate or any non-homogenious material shall not be considered blast
rock, and shall not be paid as same.
23. MEASUREMENT AND PAYMENT. It is the intent of the proposal and special
conditions that the total bid as submitted, shall cover all work shown oil the
contractdrawings and required by the specifications and other contract docuuu:nt•.
All costs in connection with the work, ,including furnishing of all. construction
plant equipment and tools, and performing all necessary labor to fully complete
the work shall be included in the unit and lump sum prices named in the proposal.
No item or work that is required by the contract documents for the proper and
successful completion of the contract will be paid outside or in addition
to the prices submitted in the proposal. All work not specifically set forth
in the proposal as a pay item shall be considered a subsidiary obligation of
the Contractor and all costs in connection therewith shall be included in the
prices named in the proposal.
The method of measurement and basis for payment for each item as listed in, the
bid forms shall be as stipulated in the following subparagraphs:
a. Measurement and Payment. These items shall be paid for on a unit price
per place, furnished and installed in accordance with plans and specifications.
All payments shall be made on Engineers Estimated percent of completion, Less
10%. The 107. hold back shall be released after all acceptance tests have been
completed with successful results, and acceptance by Lite City or Governing
authority. '
All sewer pipe and encasement pipe shall be measured for payment in a horizontal
plane along the center line of turns at man holes.
b. Blast Rock. This item shall be paid for on a unit price per cubic yard
as measured in the trench after excavation and before bedding and installation
of pipe and shall include all excavation, dewatering, sheeting or shoring as
required, embedment, backfill, subsequent handling and disposal of all rock
and waste material and all other items not paid for separately.
tlensurcuu:ut Ior payment :dull big cougluted Irvin ilit, .n:i u.il de-ptIi .u,d 11)11;ti
of blast rock excavated except that the nnximuru Lr,ncli width !:h it I lit- un;sidcrt9I
to be the nominal pipe diameter plus 1N niches and the w.ir.hull so cxc:rv.iLi oin
below the installed pipe considered -to be 6 inches.
Bock measurement shall be made by the Engineer or is rcprc�:+ait ,I i,ve.
c. Material Payment. The Contractor shall be paid for mat'cri;il stored
on site within 10 days of delivery to the site or within 7 days after the
engineer has submitted the invoices for payment by the Owner, which ever is
the later date.
I'.1•. I
DIVISION 2 - GENERAL 1'll'E INS7ALLA'IIoN
I.
01. CLEANING. The interior of all pipe and filtings sir;lll. be lliorouyIlly
cleaned of all foreign matter before being installed nod shall be kept clean
until the pipe has been jointed.
Every precaution shall be taken to prevent foreign ImiLerial born entering the
pipe'while it is being installed. 'No debris, tools, clotllirtg, or oticr run ten i.Il
shall be' placed 'in the pipe. ,No hooks of any kind willhe nil owed to come' in
conthct with''the premolded joint or interior of the p1 pc.
Whenever pipe laying' is: stopped, the open end of the line! sili.ill- he ;ealcd wi tit
a water -tight plug. All water that may have entered tlw trench shall be removed
prior to removing the plug. It is essential LIiai no other forciglle matter be per-
mittedto enter the pipe line at any time.
02. INSPECTION. Each piece of pipe shall be tested for defects, after its
delivery alongside the trench near lire point of insta'l.l,iiLion. 'Cast iron, or
vitrified clay pipe ,Ind fittings, while suspended -unrl•hanging free, shall he' runs
with a light' hammer to detect cracks. All defective, rlamagedl, or unuund' pipe
fittings shall be rejected ind'removed from t lie' �;i Le; of the work.
All accepted pipe and fittings, shall be suitably m;Irked so that. the acceptance
marks will be plainly visible after installation in, the Lrench and wi1.1 not
become effaced by weather and handling.
•
O3. LAYING PIPE. Pipe shall be protected' from laLer.Il displacement by moans
of pipe embedment • material installed as provided in the Lrenclr backfill specific
tion. Under' no circum'sLances shall pipe he laid in water and no pipe shall be
laid under unsuitable weather or trench conditions.
When jointed in the trench, the pipe shall form a true and smooth line. Pipe
shall not be trimmed except for closure's and pipe not making a good fit shall
be removed.
The laying of pipe shall begin aL the lowest point, and LIIc pipe shall he.fu-
stalled so that the spigot, end, s, poin t. in the.direction of flow.
, . , .
I
I' I. .1. , .,... .. I.1 I:. H.
I))VISION 3 - E'AR'I'IIWORK
-01 SCOPE. This section covers excavation, Lrenching, rock removal, emhedn,ent
and backfilling, surfacing, grading and other appurtena:tt works. Ilia Contractor
shall furnish all labor,'equip:nent and hand tools for earthwork.
- 02. GENERAL REQUIREMENTS. Excavation work shall be performed in a safe and
proper manner with suitable precautions being taken •ag:iins.t hazards of every kind.
Excavations, shall provided adequate' working space and clearances for Lie, work to
be performed thereic. . ,• .
Subgrade surfaces shall be clean and free of loose material of any kind when con-
crete is>placed thereon.' .I
Excavations shall provide adequate clearance for installation and removal of
concrete forms. .In -no case shall excavation faces be undercut for extended
footings.
Backfilling and construction of fills and embankments during freezing weather
shall not be done except by permission of Lire 'Engineer; No backfill, fill, or
embankment materials shall be installed on frozen surfaces, nor shall frozen
materials, snow,. or ice be placed in any backfill, fill, or ern5ankments.
- 03. TRENCH
EXCAVATION.
All excavation
will be unclassified
material, and will
be included in
the luntp sum
price bid in
the proposal.
09
a. Line and Grade. The
locations shown on .the plans,
Unless a.specific profile and
Detail Specifications, the gr
the ground.
lines shall be excavated at approximately the
or along the lines as designated by the Engineer.
grade is shown on Lire plans, or design:ttedin the
ade of the trench shall follow the topography of
b. Extra Depth Excavation. In general, the nuns shall be laid at'a depth
that• provides a minimum of three feet (3'-O") of cover below established road
grade. However, there will be certain areas where it will be necessary to lay
at a great. depth to meet future road grades, to clear storm sewers, sanitary
sewers, and other utility lines.. Where these conditions are encountered, lines
shall be laid to depths designated by the Engineer. No extra payments will be ma"
for such extra depth; all costs thereof are to be absorbed in the lump sum price
bid in the Proposal.
,
c. Foundation. The bottom of the trench shall be graded so that the pipe
will have an even bearing on good firm soil 'for its 'full length. If the trench
is excavatedtoo deep', it shall be-backfilled to the proper,grade and well tamped.
If the natural material in the bottom of the trench is unsuitable to support
the pipe, it shall be removed to the depth directed by the Engineer and replaced
with. suitable material, if'availabl'e', or crushed rock (1/2" graded).
4d. Bell Holes. Bell holes shall be dug and shall be sufficiently larger t.0
permit ready access to all pa'tts of the 'joint for assembling aid for inspection
and to permit bearing as specified above. -
e. Bracing and Shoring... Except where banks are cut on a stable slope,
excavation for structures and trenches shall be properly and substantially sheetce
braced, and 'shored y as necessary, to' prevent caving or sliding, to provide pro-
tection for existing structures andtfatilities. She'eting', •bracing, and shoring
shall be designed and built to withstand all loads that might be caused by earth
movement or pressure, and shall be rigid, maintaining its shape anti position
under all circumstances.
1'.,, 1•
'french sheet lug skull not be pulled miles:
to carry trench loads based on the trench width
Also, it shall not be pulled after backfilliiig.
wood sheeting shall. be ,left permanently in the
.
he .pi pe• ,.1 I'oliyLh i:. 'nrl I ic1 (Iii
Lu Ibe Leek oI the tih c•c l i Ill'.
When ordered by the LI%gineer,
trench.
Where trench.sheeting is let in place, such t;hec•tirg shall not be Traced
against the pipe, but shall be supported in a uihnner which Will preclude the
application, of concentrated 'loads of horizontal thrusts on .tie pipe. Cron:.
braces'insLalled -above th'e'pipe for Lliepurpose of 'sul'j>ui'tiiig sheeting iii thi:
bottom of IIle trench ni;iy be removed after the pipe eniladmmIL has been cimipleIud.
f. 'Protection of 'SLructure;:. 'All exi.;Ling struct.ures,'conduiIs, pipe
lines, etc., along the 1'ii,e J the 'trench shall he protected from d:inuige or iiiiur`.
'due to treiicliing' operation.
gt, Wet Trench. At all times during pipe. laying oper;ttions, the trench
shall pe kept free .of water ei.ther by pumping, hailing, or drainage.
h. Open Ditch. The Contractor shall not, open wore trench, in advance of
pipe laying- than is, necessary. to expedite the, work. One block or 400 lest
(whichever, is the shorter) shall be the maximum 1englh of open trench permitted
on any line under construction.
Except where tunnelling is -shown on the plans, is specified, or is perniitteri•
by the Engineer, 'all trench excavation shall' be opal cut from the surface.
04. TUNNELLING AND UOk1NG. A1.1 railroad and highway crossings shall be enc;,si'
with steel pipe of thefl lengths and depth :mown on the drawings.
(1)' Method of Construction. 'Casing pipe shall he installed' using equip-
ment that'encases the hole as the eart'h is removed. Loring without the con-
current installation of a casing pipe will not be permit led. 'All,.joirrts iii
casing pipe shall not be welded. Casing pipe shall extend tl,rougi, the entire
fill and be installed in a manner that will tiot disrupt tratlic nor ];mint e
roadway grade and surface.
When directed by the'Engineer and as approved by the State lligliway
Commission, the Contractor shall install Uie eiica'scment pipe' ih ',iopi:n I reach.
The' Contractor shall provide traffic control, barricading;,'coivp,icted backtiI1,
pavement removAl and replacement.'
(2), Material - Casing Pipe.
(a) Welded steel pipe, new mate.ri.a1,,, .witl,i. ,a minimum yield ,o1,
35,000 ,pi. The following mioimum wall thickness shall be used:
I . ,.. ,
.,. Wall Thickness
(llic'hc•s')
'Pipe I.
'(Outside' Diameter')"' "":'
' Under Iligltw_y
Under_I!; i'i ro_id
6',._'.
16,'1:
0.250
Q.25u
1ST' i.
0.250
0.112,
10"
, 24". :..,
, , . ,0.,250
.
12".
,,
2411
. I;.
0.250
0.375
24"
0.250 t
0.315
, , . , ,
"I. (li)"'Iri lieu of'weided'st:eel'
as"specified move; usliestos
bonded
bituminoisi'coatdd'corrugated
metal' steel'
pipe may be used. Pipe
's1a]'1 be 14
gauge.
''Connections shall be match punched.
" Pipe shall be as
'In:inufacturtd by
Armco
Steel Company or approved equal.
Casing diameters shall
be .i:: specified
in (a)
above.
I•.6., 4 111
in al.1 e•;1neH (lie cull Ill, used IlltlaI Illeel At k..111h:,:1 :;I .II a I111'.I Iw. Iy
Commissioil,Speci.fications.
(3) Work Within Highway an(I Railroad RIgi'Ls-ul_4; 1. All work p(:rlurmud
and all operations of the Contractor, his employees, at I1is sut,c:u;llr•Ictl,r,,
within the limit of railroad and highway rights-of-w:iy shall he in confunuity
with Lhe requirements, and be under the control (through (he Owner), of the
railroad or highway auttlori.ty owning, 'or having jurisdiction over .Ind t-untrol
of, the right-of-way. in each case. .
(4) I'ubli.c Travel.. Public travel shall not be needlessly incullviellced.
Streets; sidewalks, and private driveway crossings; where not bored, shall I -c
promptly backfilled after Lite pipe ➢.s laid. '1hr' order of trenclliii; oper.t ions
shall be such as to interfere as little 'as possible with the use of street~
and alleys. At no tithe will the Contractor be allowed Lo ieeive an open cut
street, sidewalk, driveway or alley overnight. ,
The Contractor shall schedule his work so' as to Leave overnight lie more
that 15 feet of open trench or only the lost, joint ut pipe• iltclalled. Such
open trench,shall be barricaded completely wiLit. snwhorses or trope as approved
by the Engineer, and warning light' properly arras};ed placed Lo warn .111
traffic, of the open trench and lighted at dusk or Lit lery operated' electric
flashers. Such open trench may be covered wish steel pl.ttes of such sLreng1Ii ;to.
to carry pedestrial traffic, subject, to approval' of the Engineer. .
- 05. RUCK EXCAVATION.'
a. Undercut and Embedment. When the exc:rvot ion i.r. nlrlde through ruck or
other material, too hard to be readily removed fur•;Idtlli tting the bell at the'
pipe; the trench shall he exc6vated at least six (6) inches deeper than the
grade' of the outside bottom of the barrel of the pipe', amid refilled with
suitable earth and tamped or' fill sand, :Is' direct toll by the, Engineer.
b. Blasting. For rock ekbavaL'➢.on the Contractor may choosethe option of
drilling and blasting rock for easy removal.' The (nn t'r:lctort method' ul
blasting shall conform with the Associated General 'ontracturs' M.utu;ll of
Accident Prevention in, Constructiop, and the National Fire I 'rotection Asi.ocintior.
NFPA No. 495, - Code for the Manufacture, '1'rarlsportnhi.on, Storage mid Use of
Explosives and Blasting Agents. Such blasting shall be performed as approved
by the Engineer. I . •,
Prior to blasting, the"Contractor"s1iali notify al L: 'ad.j:(cent utilities.
shall be exercised by the Contractor'to 'p'reveht shattering 'rooks beyond required
limits of''exc'avation. This shall b'e'accoinpii'slled with the charge boles
properly located and drilled to correct depth for charges used. File char);es
used shall be limited in size to minimum required to permit reasonable removal
Of material by excavating equipment with "overbreak" effect sq corrected by Lite
removal' of broken rook and replacement wit!' approved sui•i d'➢e m.lteri 11.
Generally i.t is suggested that 'slow blow cllar);es be used and Ld:rstiItl; Lt: con-
ducted 'under cover of mats 'so constructed Lo prevent sc;itVerVng DI Jr-lgnlent s.
I • I . 'I . . I I .. I.. I
06. 1 BACKFILLING. After' the pipes 'and' joints have been inspected :aid :.Ipproved
the trench shall be filled to a depth of one (1) foot over the Lop of the pipe
with selected material free of clods and stones. Such select material sll.11l
be deposited and compacted in a manner to firmly hold and maintain the pipe in
proper position and alignment during subsequent pipe jointing embudnlent and
backfilling operations. All trench backfill above pipe embedment shall cool arm
to the following requirements when so directed by the Engineer:
a, 1':unped Uacki iii,. ''1'aurped b;ickt illwi 11. bcI oqui r ed I ur tla: i ul I doptla
of, the trench above tire' granular 111.1 uradt:r roads, driveways, Iii p; i'w:i•; sln,ulderb,
curbs, sidewalks, gutters and other surf. ace consl-ruction ur structures. Limped
backfill materials shall be finely divided job excavated nr.,terial lice from
debris, organic material and stones. The backfill vuiturial mity either La
placed in one operation for tamping with liydr,,hannrier to finish grade; and
shall have a moisture content sufficient to obtain aHU prr,:cnl of mix iunun
density' with the method•f compaction used. Such density wl'll. be Lesled in
t
ac-
cordarace with AASIIC Designation '1'147=54. '
.,l
b. Uncompacted Backfill. Mechanical compaction of trench backfill above
y1
pipe embedments in locations other than those, hereinbefore specified will. not
1
be required, however complete water inundation of backfill will be required.
Uncompacted earth backfill material. which is to beplaced above embedments
shall be free of brush, roots more than two. (2) inches in diameter, debris, ;.nd
boulders, in certain portions of the trench depth.
,.
•c: Inundated Sand Backfill. At tau: option of Ude Conlr:iclor, inundated
sand may be installed in lieu of tamped backfill it, ,nay of Lite.;,bo.'e locations
where, in the opinion of Lite Engineer, the use,ol water [or alms purpose would
cause no damage to adjacent property or buried utilities,. ..
1
Sand for 'inundated sand backfill sli.atl 'be free of lump;:, rubhisli, roots,
cinders, and other objectionable material; not more thane 25 percent ;hall be
retained on a No. 4, sieve, and not more than 10 percent shall pass a f;o. 200
sieve.
The general procedure Co be employed in the intindat.ion of sand backfill
with water shall be 'submitted by the' Contractor and approved by the Engineer
prior to starting operations thereunder. Operational details lit couuectiun
therewith shall be acceptable to the Engineer at all times.
d. Crushed Rock backfill. In lieu of the tamped backfill, the Contractor
may fill the full depth of.the trench with a crushed rock, as ,approved by the
I.
Engineer,
After placement the crushed rock shall be tamped Lo insure a mecli;,meal
interlock of -particles.,
- 07.. STREAM CROSSINGS. A concrete, encasement of six (6) inches minimum
thickness shall be installed around the pipe at such places as are indicated."1
on the plans or as directed' by the Engineer -to provide' extra piotectiolt to the
pipe where it crosses creek or' stttahr water courses'.
_08.' PROTECTION OF IMENC11' DACKFILL' IN DRAINAGE COURSES. l5lierc trenches are
t
-constructed' in or'across roadway ditches -or other water courses, sui tal'ie
ditch checks as approved by the -Engineer shall be. itrsial led i ns. direct ed. Di t cl,
checks may be of creosoted,lunttaer,istone,.or concrete as,authorized. in..rtiv
case the ditch check shall extend not less Lha,n two (2) feet below tie
original ditch or water course bottom for the Cull. bottom. width and. not 1er,!.
that 18 incites into Lite side slopes thereof.
t
I.
DISPOSAL OF EXCESS EXCAVATED MATERIAL. Excess excavated materials not
re4uired for backfill or' grading shall be removed.from the site of ezcL;vatiori.
where within streets. driveways, parkings, highways, atid'roads, totlr pub! ic and
private, by the Contractor who shall be responsible for the proper disposal of
such material to the satisfaction of the Owner or controlling agency of the
disposal site in each case.
L. -
Excess excavated material::
front I focal ed
in upeI, I I !;,li•:-
Lributed directly
back over
the pipe l i.n„ and within
tla• pip,: I ine t i;•.ht-of-w.6y
• Lo a maximum depth
of six
(6) inche,; above the oriyin.,i
f•roand 'iii ac,, at .u,d
across Lite trench
and with
uniform side slopes.
10. PAVED SURFACES. Paved surfaces shall he removed and rep];,ced i.n•kind
to the satisfaction of Lite Engineer.
- 11. GRADING AND SEEDING. After backfillinl; has been completed and settled,
all areas on Lite site
of the
work which ore to' he };r,ided
shall be
brought to
grade at
the specified
elevations,
slopes rind col,t.our5.
.,Lopes edi;,ll
be
trimmed
and dressed
by h:u,d
and oUwr surfaces so graded
thai effective
drain-
age is
secured. Grading
and
surfacing shall be completed
to the
satisfaction
of the
Engineer.
Before sowing any seed, all shaping and dressing of such areas stir,)) 11; ve 'Potts
completed to the satisfaction of the Engineer and the :.ire:; prepared to
receive the seed by usiiy; a disc Spiker or other i.mµlement as approved by the
Engineer.
Seeds used shall be first quality and shall be a mixture approved by tie owner
and the Engineer. No seeding shall be done. during windy weather or when the
ground is frozen, weL, or otherwise in a nont1llahle condition. Full advantage
shall be taken of time and weather conditions best sui.t,•d for secdirit;, and such
time of seeding shall he subject to the approval of the Lugi.neer.
The Contractor shall maintain all new seeded areas at his own expense, until
final acceptance of the project. Maintenance shall consist of watering, pro-
tecting, replacing and such other work as may be necessary to keep the work in
satisfactory condition. All water required in connection wiLh the seeding work
and maintenance shall be furnished by and at the expense of the Contractor.
-12. RESODDING. All extablished lawn areas cut by Lice line of trench or
damaged during the course of the work shall be resodded, after completion of
construction, to the complete satisfaction of the property Owner. All sod
used shall be of the same type as removed or damaged, shall be of the best
quality and, when placed, shall be live fresh growing grass.
All sod shall be procured from areas where the soil is ferl'ile and contains a
high percentage of loamy topsoil, and from areas that have been graz&d or'
mowed sufficiently to form a dense turf.
The sod shall be transplanted within 24 hours from the time it is harvested
unless it is stacked at its destination in a manner satisfactory to the Engineer
All sod in stacks shall be kept moist Lind 'protected front exposure to the sun
and from freezing. In no event shall more than one week elapse between the
time of cutting and planting of the sod.
Before placing or depositing sod on areas to be sodded, all shap1 lug and drer. ,in;
of the areas shall have been completed to the satisfaction of the Li,gi veer.
After the shaping and dressing have been completed, commercial fertilizer, of
•a type as approved by the Engineer, shall be applied uniformly over the areas
so prepared in a manner and in amounts as recommended by the m:uiutacturer and
harrowed lightly. Sodding shall follow immediately.
All sodding shall be done during the period from March 15: Lo October 1, unless
written permission is given by the Owner to extend the planting season.
I'.•. • I t
13. PItESERVA'fION,UP J'It I:ES L SIIRUIIS. No trees :alai I he r'fnovt-d out':idu of
excavation .limit::, except where tlieir removrlt is :il.tthorized Ly LL.: I,I1p,il,e.•r
Main tree roots shall not be cut except where they fall wi tllili the a re.I to be
occupied by a pipe or structure. Excavation shall be done by hind where lwcess:ii
to prevent injury to roots or trees, t
Wheretrees are on Lite line of trench or adjacent. Ihereto +tad conditions :ire
such that. tunneling beneath the tree cart be :icconiplislteJ witlwut d:imat;e thereto,
tunneling will be required. Where it is impossible Lo tunnel under Lteos on
the line of•trench, such trees shall be removed and disposed of by :tmi at. the
expense of, the Contractor and to t1ie s atisf. ncLioti of the Owner, lrces which .6rc
left stanili'ng shall be adequately protected from perlri.utent ci tai lge by constructiu.
operations. Trimming of standing trees where reitui red shall' lie :is di reefed by
the Engineer. All shrubbery damaged nor removed by the Contractor shall. b'e
replaced to the •saLisfacLion of the Owner thereof, by and at Lite expense of the
Contractor.,
14. REMOVAL OF WATER. The Contractor shall provide rind Illalntal rl adcqu•ite
dewatering equipment to remove and dipole of all surface :ntd ground w.Itur
entering excavations, Lrenches, or other parts of Lite work. Each exc,rvatioil
shall be kept dry during subgrade preparation .and eontinu.Il.l.y ,there:ll ter tin ill
the structure to be built, or the pipe line 'to be i:nstnlled therein is cumplutcd
to the extent that no damage from hydrostatic pros^>ure, floatntiou, or oticr
causes will result.
All excavations for concrete structures wlticlt_ extend down to or hclow lie ....ltir
groundwater elevations shall be dewatered by lowering :wd mainta'iniog Lite
ground water surface beneath such excavations a disLnuee of not less thin l 12
incites below the bottom of the excavation.
Surface water shall be diverted or otherwise prevented (tool ctlteri't e,xcay.IIeel
areas or trenches, to the greatest extentpracLinabIt without. causing d:aaage to
adjacent property. ,
The Contractor will be held responsible for the condili-on uf,nliy pipe Iinu, or
conduit which lie (the Contractor) may use for drainage purpo, •Ind all such
pipes or conduits shall be left clean and free from sediment.
- 15. MEASUREMENT AND PAYMENT: These items shall be paid for' on :I unit price
per in place, furnished and installed in :accordance with plans and specif"ic:Itioll
All payments shall be made on Engineers Estimated percent of completi.olt,Less.
107.. The 10"/> hold back shall be rel+ased after all .acceptance Pests .have ,been
completed with ,successful results, and acceptance by the City or Governing
Authority.
-1. WATER LINE' & SEWER LINE SEPARATION.' The' crossing mid pnnllolti.l(tq
of water lines and sewer lines shall be in accordance with the 'l:hell revision
of the l'Rules and Regulations Pertaining to PUULIC VJATEX SUPPLiES of Lite
Arkansas State Board of Ilealth. Uncased water lines sll.iill. he separaLed by ill
feet or more from any sewer line., . • , . •
17. PIPE EMBEDMENT. Trench bottoms shall be accurately graded to provide
uniform bearing and support for the pipe. barrel .between bell holes. When the
trench, bottom is of proper character, such as uncemen.ted granular material or
other natural bedding material, and, uniform shaping can be .executed, foreign
r
bedding uratvrial will not be required except ;in tilt I rig Ise I hr 1•:tri•i urr-r iii
particular exceptions in construction. When lt'otrci hotlt,m In.it cr'i.il`, will caul
allow uniform bearing for the entire pipe gangue the it%,c.rv:II sell: !.II.111 Le c.Irrir•,1
to a depth sufficient to allow a minimum depth of Ijeddi;iy i,.11.eri..il, as tipcciI ied
herein and detailed on the plans, to he placed under the pipe.
The details of trenching, clearances, and pipe embedment :ire shown oil the
drawings and the character of such materials are as, follow•.:.
"Granular Bedding" shall be crushed stone or gravel with riot less than 957.
passing 3/4 inch and not less Ulan 95% regained on the #4 sieve; to l,e
placed in not more than a 12 inch layer in the trench hot Loin and graded,
shaped and compacted by slicitig with a shovel or other approved mania: to
provide uniform continuous support for the iii; t;ilLed pi pe. hetweeit bell holm.
"Compacted Bedding" shall be fi.dely divided job -excavated maturir.il free from
debris, organic material, and stones, compacted to ,I uniform density which
will prevent displacement of the pipe during :albspquenL uperali.ons ;is
approved by the Engineer; granular beddi.nl; inn Lt:ri;ii iii; Le sags:tit it cad tu[
for all or part of compacted bedding. •
After each joint of pipe has been graded, ;jlignud, and p1
on the bedding material, and shoved ionic, sufficient pipe
be deposited and compacted under and around each side of
the bell, or end thereof, to firmly hold and maintain the
and alignment during subsequent pipe joi.nt.ing, embedment,
operations.
iced in final pusitiun
bedding material s!:.ill
lie pipe ::III back of
pipe in porper posILi.ui
:rid back I iiIli n;;
- 18. 1RENCII BACKFILL. Trench backfill above pipe emledmenI shall cant orm
to one of the following requirements.:
"Compacted Backfill" shall be finely divided
raterial free
troll dcl.ri!. and
organic material,
but may contain rubble and
detritus from
rock excavation
at certain levels
moisture content,
of the trench depth. This
may be placed in lifts :,d
material, with
meclt;nic:.tlly
a sufficient
tamped
to 9(IL.
maximum density as
determined by AASIIO Standard
Method A -'f-147-54
(ti-.iug'
AASIIO T-99-57 as
may be backfilled
a compaction control test.),
and the required compaction
or the entire
obtained by
trench,
tamping
depth
with ;i
bydrohanmmer or by
inundation with water.
The method used in obtaining compaction shall be approved by the faigi.noer.
Granular bedding material may lie used as compacted backl.i.11 at tie option
of the Contractor.
• "Uncompacted Backfill" shall be free of brush, roots more than 2 inches in
• diameter, debris, and junk but may contain rubble and detritus Iron rock
i• excavation, stones, and boulders at certain levels uf• lie trench depth.
Placement of the material shall be by methods approved by Lie Engineer.
"Inundated Sand Backfill" may, at the Contractor's option, he iiistailed in
lieu of tamped backfill where, in the opinion of the Engineer, the use of
water for this purpose would cause no damage to adj:icetnt property or buried
utilities.
Sand for inundated sand backfill shall be free of lumps, rubL-ivl,, routs,
cinders, and other objectionable material.; not more than 25 percent s)i;rll
be retained on a No. 4 sieve, and not more than 10 percent shali pass a
No. 200 sieve.
r
This general procedure to he employed in the inundaI ion of :.nn<I I'.h<kI ill with
water shall be submitted by the Contractor to, :ind hpprov<d hy, II.e Eii;ineur
prior to starting operations thereunder. Operational detail.:; in commection
therewith shall be acceptable to the Engineer at. all. times.
Compacted backfill shall be required where beneath pavements, surfacing,
driveways, curbs, gutters, walks, or other surface construction or structures
or where in road or highway shoulders or beneath areas where sod is to be
replaced.
Placement of trench backfill material will proceed in such a manner, as approve,)
by the Engineer, than no excessive loads, shock, or impact will be imposed on
the installed pipe which would result in pipe injury or displacement.
Compact masses of stiff mucky clay, or gumbo, or other consolidated material,
or stone more than one cubic foot in volume shall not be permitted to fall
more than 5 feet into the trench unless cushioned by at least 2 feet of loose
backfill above the pipe embedment.
No trench backfill material containing rock, or rock exc,hvatton detrituc, shall
be placed in the, upper 18 inches of the trench except with, the specific
permission of the Engineer in each case, nor shall ;uty h;hrd rock, or stone or
boulder larger than 8 inches in its greatest dimension be placed within 3 feet.
of the top of the pipe. Large stones may be placed in the remainder of the
trench backfill only if well separated and so arranged so that no interference
with backfill compaction or settlement will result..
The inundation of earth (water settled) or sand backfill, shall be done in such
a manner as to not disturb the installed pipe or its embedment material, and to
use the least amount of water possible in obtaining the most effective, and
desirable amount of settlement. Trenches shall not be brought to ground Level
the water shall be introduced to the trench, from Lite top of the pipe cmbedn,ehih
upward, through a pipe probe attached to a hose, being; careful not. to disturb
bedding material in any consequential nature. Backfill material shall be added
during the inundation process so that at completion ul Lite operation a desired
surface elevation will be obtained. If for reasons of porous soil, or other
circumstances, the backfilling and inundation may proceed by stages if so
authorized by the Engineer.
Additional backfilling may be necessary at a later date before paving -or other
surfacing is installed or completed. Trenches to recieve sod or seeding shall
be topped with 12 inches of topsoil or material equal to that adjacent to
the trench at the,gcound surface.
19. GRUBBING & CLEARING. The Contractor is responsible for grubbing and
rearing only those areas within Street Right -of -Ways and Utility Easments
in which he has done work. All other grubbing and clearing shall be.contr:hcted
for in the original contract or an approved change order.
DIVISION 20 - Sill
SECTION - 01
-02
-03
-04
-05
06
-07
-08
09
10
12
13
EET SPECIFICATIONS FOR CITY OF FAYETTEVILLE
Right -of -Way Requirements
Street Width
Sub -base Preparation
Base Material
ISase Material Preparation
Surface Course
Compaction
Curbs and Cutters
Sidewalks
Dedicated Streets
Concrete Structures
General Comments
Street Extension
DIVISION 21 - GENERAL CO;•@LENTS REGARDING CONSTRUCTION
SECTION - 01 Warped of Slping Sections
02 Banks -
03 Natural Drainage -
-.04 Street Inspections
05 Engineering Certification
06 Utilities' Coverage
• DIVISION 22 - CONCRETE .STREET IMPROVEMENTS MINIMUM SPECIFICATIONS FOR
CITY OF FAYETTEVILLE
SECTION - 01 Scope
- 02 Concrete Street Structures
03 Subgrades
04 Minimum Thickness of Sidewalks and Drives
05 Minimum Width of Sidewalks
06 Thickness and Reinforcement of Concrete Pavement
07 Expansion Joints
08 Turn Radii
09 Pozzilith
10 Temperature During Concrete Pouring
- 11 Vibrator
-.12 Bidder Responsiblity
DIVISION 23 - STORM DRAINAGE OR STORM SEWERS
SECTION - 01 Storm Drains
02 Natural Drainage
03 Storm Drainage Design
04 Concrete Pipe Requirements.,..•
05 Corrugated Metal Pipe
06 Surface Drainage
DIVISION 24 -'TYPICAL DRAWINGS •
• SECTION- 01 Scope
02 Construction Drawings
T"', • W
Page
DIVISION 20 - STREET SPECIFICATIONS FOR CITY OF FAYETTEVILLE
01, RIGHT-OF-WAY REQUIREMENTS,
a. Residental street: fifty (50) feet,
b. Collector street: sixty (60) feet,
c. Minor arterial: eighty (80) feet.
d. Principal arterial: eighty (80) feet,
02, STREET WIDTH.
a. Residental street: thirty-one (31) feet:back to back of curb,
b. Collector street:, forty-five (45) feet back to back of curb.
c. Minor arterial: forty-five (45) feet back to'back of curb unless
Federal and/or State Highway Department funds are used, Then the
requirement becomes forty-nine (49) feet back to back of curb,
(four -twelve feet lanes).
d. Principal arterial: same as minor arterial..'
03, SUB -BASE PREPARATION. The new street shall be cut to and/or filled to
.the subgrade contained in the engineering plans and profiles. The sub -base
must be rolled and compacted to 95 per cent standard proctor density and
10 plasticity index. The moisture content'shall be the optimum based on'soil
type and laboratory test results.
-04. BASE MATERIAL. The base material shall be a minimum of six (6)'inches
of SB-2,
05, BASE MATERIAL PREPARATION.
a. The SB-2 shall be moistened to optimum water content (verified by '
laboratory test results) and rolled and compacted to ninety-five
(95%) per cent modified proctor density and 10 plasticity index,
b. After the SB-2 has cured to optimum strength (minimum of seventy-two
hours) apply a coat of prime oil (MC30 or equivalent) at the
rate of .25 gallons per square yard. Allow prime oil to thoroughly
penetrate (minimum penetration time of twenty-four hours) before
paving. '
- 06, SURFACE COURSE.
a, For grades of ten per cent (10%) or less the street surface shall
be two inches (2") of asphalt cement concrete hot mix after
compaction.
b. For grades in excess of ten (10%) per cent the surface course
shall be six (6) inches of portland cement concrete (five and
one-half (5 1/2) bag mix) with a twenty-eight (28) day cured
strength of 4200 PSI, See Division No.22 for concrete street
specifications.
Page
c. Critics
exceed
07., COMPACTION.
and compacted with
in excess of fifteen (15) per cent shall not be permitted
ing three hundred (300) linear feet,
All sub -base, base, and asphalt surface shall be rolled
a roller weighing at least eight (8) tons.
08. CURBS AND CUTTERS. Required on both sides of all new streets, See
standard detail sheet for shapes, etc,
09, SIDEWALKS.
a. Residental street: four (4) feet wide sidewalks required on one
side of street.
b. Collector
streets
and
commercial• zones:
five (5) feet wide sidewalks
required
on both
sides
of the street,
c. Arterial streets: same as collector.
- 10. DEDICATED STREETS. All dedicated streets will be constructed according
to the engineering plans and profiles approved by the Street Superintendent.
The construction process shall be supervised by a registered professional engineer
commissioned by the developer,
- 11. CONCRETE STRUCTURES. See Division 23, these specifications.
- 12. GENERAL COPCIENTS. Regarding construction; see Division 21, these
specifications.
A - 13. STREET EXTENSION. The extension of any existing street regardless of
condition or construction methods and techniques previously employed shall be
constructed in full compliance with these new specifications,
I
DIVISION 21 - GENERAL COMMENTS REGARDING CONS'TRUCT'ION
-01. WARPED OR SLOPING SECTIONS. Warped or sloping sections will not be
permitted,
02. BANKS. All banks behind curbs will be back sloped at a ratio of three
to one to the Right -of -Way line.
-03. NATURAL DRAINAGE. Natural drainage will be adhered to by incorporating
street underdrains or by rechanneling natural ditches into improved drainage
easements.
04, STREET INSPECTIONS.' The supervising engineer will accompany the
Street Superintendent on inspections, and the proctor densities and plastic
index tests will be conducted in the presence of the Street Superintendent.
The testing lab performing the field tests shall provide the project engineer
with certified test results immediately following field test. These three
inspections are to be performed by the Street Superintendent or his designated
representative during the construction process; as follows;
a. After all streets have beer. cut to sub -grade and the sub -base has
been prepared. _
b. After curbs and gutters and base material is installed.
c. Upon completion of paving, all construction, and back -fill and
clean-up is finished.
05, ENGINEERING CERTIFICATION. Will be required from the supervising engineer
before lots will be released,
-.06. UTILITIES' COVERAGE. All utilities including. service connections will
have a minimum of four feet of cover, or two feet below the floor of a,11
drainage ditches and all improved drainage easements, or two feet below the
floor of all street drainage structures and street paving. Utility lines with
less than two feet cover under street paving shall be encased in concrete
from one -foot outside each back -of -curb.
.
r
Page
DIVISION 22 - CONCRETE STREET IMI'ROVIEMEN'1:S MINIMUM SPECIFICATIONS
FOR CITY OF FAYETTEVILLE
01, SCOPE. These specifications are intended to express minimum design and
construction requirements of Fayetteville City Ordinance No. 1790 for concrete
street improvements,
02. CONCRETE STREET STRUCTURES. All concrete street structures described
on the attached diagrams and included in this invitation shall be constructed
of 4,200 psi portland-cement concrete at 5z bag mix in 28 days. Concrete shall
be trowled and shall have a light broom finish with application of white
pigment curing compound to serve as a method of curing.
03, SUBGRADES. All subgrades shall be prepared by the Contractor to a
grade plus or minus one inch (1") within the finished grade.
-04. MINIMUM THICKNESS OF SIDEWALKS AND DRIVES. Minimum thickness of side-
walks and drives. Minimum thickness of sidewalks shall be four (4) inches.
Residential driveways shall be a minimum of four (4) inches with either four
(4) inches of compacted base or 6" x 6" gauge reinforcing web. Commercial
driveways shall be a minimum of six (6) inches with either six (6) inches
of compacted base or 6" x 6" 6 gauge reinforcing web,
- 05. MINIMUM WIDTH OF SIDEWALKS. Residential sidewalks shall be four (4)
feet wide. All others shall be a minimum of five (5) feet.
- 06. THICKNESS AND REINFORCEMENT OF CONCRETE PAVEMENT. Concrete pavement
shall be six inches (6) inches thick with curbs on each side. The pavement
shall be reinforced with 6" x 6" 6 gauge wire mesh.
- 07. EXPANSION JOINTS. Expansion joints shall be placed at intervals no
greater than the width of the street, and at points of curvature in the pave-
ment. , . . , , 0„1 •. ; ,
08. TURN RADII. Two no. 4 (#4). reinforcing bars shall be placed horizontally.
in all turn radii. Turn radii will be,bid,atIthe same price as curb and gutter
when the curb and gutter is 100 linear feet or longer.
09. POZZILITH, Pozzilith shall be added when directed by.,the Street
Superintendent for better workability,
10. TEMPERATURE ;DURING .CONCRETE POURING. Temperature shall be 35 •and
rising- before-any:typetof concrete pouring will take place.Methods of
heating or covering the surface of the concrete must also be provided by
the contractor when adverse weather conditions prevail,.' E .
U. VIBRATOR, A vibrator shall be used at the direction of the Street
Superintendent when -pouring concrete of any type.: I.
- 12. BIDDER RESPONSIBILITY. The successful bidder will be responsible for
•. supervision.of.his crews. The Street -Superintendent or his designated re-
presentative will only perform an inspection after the grade is established
on all jobs,
DIVISION 23 - STORM DRAINAGE OR STORM SL14EIZS
r
-01. STORM DRAINS. Storm drains shall not collect or transport any sanitary
sewage.
- 02. NATURAL DRAINAGE. All natural drainage shall be adhered to.
- 03. STORK DRAINAGE DESIGN. All storm drainage shall be designed for the
twenty-five (25) year flood plane.
- 04. CONCRETE PIPE REQUIREMENTS. Class II reinforced concrete pipe conforming
to ASTT1 C-76 shall be used. The minimum size permitted shall be fifteen
(15) inches inside diameter.
- 05. CORRUGATED METAL PIPE. 16 gage under street paving and 18 gage other
places.
- 06. SURFACE DRAINAGE. Seven hundred (700) linear feet shall be the
maximum distance to carry surface drainage on the street surface. Then the
drainage must be collected in curb drop inlets, catch basins, etc. and storm
drained to a natural drainage channel. I
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