HomeMy WebLinkAbout81-80 RESOLUTION•
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RESOLUTION NO. (52/46
46
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH McCLINTON ANCHOR COMPANY
FOR CONSTRUCTION OF IMPROVEMENTS TO COMBS, WHILLOCK
AND EAST FARMERT STREETS.
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 construction of improvements to Combs, Whillock
and East Farmer Street. A copy of the contract authorized
for execution hereby is attached hereto, marked Exhibit "A"
and made a part hereof.
PASSED AND`APPROVED this `aj = day of _ , 1980.
APPROVED:
rAT.TEST.,:
.?
Kett-,«
CITY( CLERK
•
L ZYC(
MAYOR
4
MICROFILMED
CONTRACT
TIIIS AGREEMENT, made this day of
August
,19 S0',by and
HUD -4228-F
{6.661
the City of Fayetteville, Arkansas
between the called "Owner;' acting
(Corporate Narne of Owner)
herein through its Mayor
(Title of Aurhonned Official)
McClinton -Anchor Company, Division of Ashland -Warren, Inc.
and
6TRIrE OUT
INAPPLICABLE
TERMS
(a corporation) (a:part)
(au- individual. dein g -.b ni1A2EC ad
Wilmington
hereinafter called "Contractor."
County of
and State of Delaware
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned. to he
made and performed by the OWNER. the CONTRACTOR hereby agrees with the OWNER to commence and complete
the construction described as follows:
Street and Drainage Improvements:
Contract Section V - Combs Avenue
Contract Section VI - Whillock Street
Contract Section VII - E. Farmers Street
$ 19,821.50
25,605.00
63,027.50
hereinafter called the project, for the surn of * $108;4,54.00 Dollars
(S ** ) and all extra work in connection therewith, under the terms as stated in the General and Special Con.
ditions of the Contract: and at his (its or their) own proper cost and expense to furnish all the materials, supplies,
Inachinerv, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to com-
plete the said project in accordance with the conditions and prices stated in the Proposal. the General Conditions, Sup•
plcmental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue
prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents
therefor as prepared by 11cGoodwin, Williams and Yates, Inc. , herein entitled the Asx$a>'arEneincer,
and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and col-
lectively evidence and constitute the contract. -
The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a
written "Notice. to Proceed" of the Owner and to fully complete the project within 180 consecutive calendar dans
thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of S 100.00 for cadr consecu-
tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to
additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account
ther4of as provided in Paragraph 25, "Payments to Contractor," of the General Conditions.
* One hundred eight thousand Four hundred Fifty-four and no/100 --- dollars
** $108.454.00
(Over)
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IN WITNESS WHEREOF, the parties to these pn'.cnts have executed this contract in six (6) counterparts. each
of t. hick shall be deemed an ori inal, in the year and day first above mentioned.
(Seal)1 ,
ATTEST:, 11
' .D
Bonnie J. Goering, City Clerk
(Witness)
•
Secretary)
(Witness)
By
B,
City of Fayetteville, Arkansas
Rhyne))
John T. Todd
Ma o
T'/
(Title)
McClinton -Anchor Company
Division of Ashland -Warren, Inc.
(Contractor)
(Title)
Xa pox /f FArstx6vaz4 4
(ACdress and Zip Code) ZOW
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should allest.
IP
HUD -4238-F 16-66)
ISIMrarmeleemotels
GP0 869 -MO
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SPECIFICATIONS
STREET AND DRAINAGE IMPROVEMENTS
Contract Section V — Combs Avenue
Contract Section VI — Whiliock Street
Contract Section VII — East Farmers Street
COMMUNITY DEVELOPMENT AND HOUSING
CITY OF FAYETTEVILLE, ARKANSAS
DHUD PROJECT NO, 7701 -ST
Plans No. Fy-70.
Dated October, 1979
McGoodWn, Williams and Yates Inc
Consulting Engineers
Fayetteville, Arkansas
CONTRACT
CITY
MICROFILiv 3
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SPECIFICATIONS
STREET AND DRAINAGE IMPROVEMENTS
Contract Section V — Combs Avenue
Contract Section VI — Whillock Street
Contract Section VII — East Farmers Street
COMMUNITY DEVELOPMENT AND HOUSING
CITY OF FAYETTEVILLE, ARKANSAS
DHUD PROJECT NO. 7701 -ST
Plans No. Fy-70
Dated October, 1979
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
Fayetteville, Arkansas
TABLE OF CONTENTS
Page No.
Advertisement for Bids 1-1
Information for Bidders 2-1
Supplement to Information for Bidders 2-5
U. S. Department of Housing and Urban Development Forms
*Certification of Bidder Regarding Equal
Employment Opportunity 3-1
Certification by Proposed Subcontractor Regarding
Equal Employment Opportunity 3-2
*Contractor's Certification Concerning Labor
Standards and Prevailing Wage Requirements 3-3
Subcontractor's Certification Concerning Labor
Standards and Prevailing Wage Requirements 3-5
Certificate of Owner's Attorney 3-7
**Bid Bond 3-8
Minimum Wage Rates, Federal and State 4-1
Bids for Unit Price Contracts
Contract Section V - Combs Avenue 5-1
Contract Section VI - Whillock Street 5a-1
Contract Section VIL - East Farmers Street 5b-1
Contract
Performance Bond
Payment Bond
6-1
7-1
7-3
General Conditions 8-1
Index to General Conditions 8-27
Supplemental General Conditions 8-28
Special Conditions 8-35
General Specifications
Street and Drainage Improvements 16-1
Detailed Specifications
1. Scope of the Work 17-1
2. General Specifications 17-1
*Pages 3-1, 3-3 and 3-4 are to be filled in and submitted with bid.
**Bid bond to be used if bond is submitted as bid security rather than cash
or certified check. Extra copy provided..
Table of Contents - 1
Page No.
3. Completion Time and Liquidated Damages 17-1
4. Safety and Health Regulations and Contract Requirements 17-1
5. Quality of the Plans 17-2
6. Elevation Data 17-3
7. Lands and Rights of Way 17-3
8. Continuing Responsibility of Contractor 17-3
9. Payment 17-3
10. Payment for Extra Work 17-3
11. Notice to Proceed 17-3
12. Provisions for Competitive Bidding 17-3
13. Utility Services 17-4
14. Source of Supply 17-4
15. Samples and Tests 17-4
16. Sequence of the Work 17-4
17. Materials of Construction
A. General 17-5
B. Crushed Stone Base 17-5
C. Prime and Tack Coats 17-5
D . Asphaltic Concrete Hot -Mix Surface Course 17-5
E . Portland Cement Concrete 17-5
F. Reinforcing Steel 17-5
G . Fencing 17-5
H . Reinforced Concrete Pipe 17-5
I. Topsoil 17-5
J . Seed 17-6
K. Straw Mulch 17-6
L . Subgrade Material 17-6
M. Cast Iron Castings 17-6
N . Rock Riprap 17-6
O . Storm Inlet Grating 17-6
P . Expansion Joint Material 17-6
Q. Handrails 17-6
R. Paint for Handrails, Grating and Storm Sewer Manhole Covers - 17-6
18. Street and Drainage Structure Construction
A. General 17-7
B . Sequence of the Work 17-7
C. Site Preparation 17-7
(1) Contract Section V - Combs Avenue 17-7
(2) Contract Section VI - Whillock Street 17-7
(3) Contract Section VII - East Farmers Street 17-8
D . Clearing and Grubbing 17-8
E. Stripping 17-8
F. Excavation and Embankment 17-8
G . Soil Testing 17-8
H . Removal and Disposal of Structures 17-9
I. Removing Old Culverts 17-9
J . Fence Removed and Reconstructed 17-9
K. Shaping and Widening Roadway Section 17-9
L . Removal and Replacement of Signs, Mailboxes, Etc. 17-9
M. Undercuts 17-10
Table of Contents - 2
Page No.
N . Crushed Stone Base Material 17-10
O. Prime and Tack Coats 17-10
P. Asphaltic Concrete Hot -Mix Surface Course 17-10
Q. Concrete Drive Repair 17-10
R. Concrete Curb and Gutter 17-11
S. Drainage Structures and Ditches 17-11
T. Topsoiling, Seeding and Straw Mulching 17-11
U . Rock Riprap 17-12
✓ . Pipe Culverts and Storm Drains 17-12
W. Manholes, Valve Boxes Adjusted to Grade 17-12
X. Cleanup 17-12
Y. Miscellaneous Items
1. Detours and Access to Homes 17-13
2. Construction Staking 17-13
Z. Watering 17-13
AA. Compaction of Subgrade Under Sidewalks 17-13
BB. Sidewalks 17-13
19. Methods of Measurement and Payment 17-14
20. Final Inspection and Establishment of Warranty Period 17-18
Table of Contents - 3
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD -4238-A
(5-66)
ADVERTISEMENT FOR BIDS
Project No. 7701 -ST
Fayetteville Community Development and Housing
(Owner)
Separate sealed bids for Street and Drainage Improvements and Sidewalk Construction
in three contract sections as follows: Contract Section V - Combs Avenue; Contract
Section VI - Whillock Street; and Contract Section VII - East Farmers Street,
will be received by Community Development and Housing, City of Fayetteville, Arkansas V
at the office of the Director
until 10:00o'clock •A M
office publicly opened and read aloud.
The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of Bid Band,
Performance and Payment Bond, and other contract documents may be examined at the following:
Community Development and Housing, 530-B North College, Fayetteville,
D.S T. July 29 , 1980 , and then at said
and at McGoodwin, Williams and Yates, Inc., Consulting Engineers,
909 Rolling Hills Drive, Fayetteville, Arkansas 72701.
Copies may be obtained at the office of McGoodwin
Williams and Yates, Inc.
located at
the above address payment of S 25.00 for each set.
Any unsuccessful bidder, upon returning such set promptly and in good condition, will be refunded his payment,
and any non -bidder upon so returning such a set will be refunded $
The owner reserves the right to waive any informalities or to reject any or all bids.
Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in
the Information for Bidders.
Attention of bidders is particularly called to the requirements as to conditions of employment to be observed
and minimum wage rates to be paid under the contract.
No bidder may withdraw his bid within 60 days after the actual date of the opening thereof.
(Date )
1-1
/s/ Richard E. Mason
Richard E. Mason, Director
GPO 869-156
U. S. OCPARTMLNT OF HOUSING AND URBAN DEVELOPMENT
INFORMATION FOR BIDDERS
1. Receipt and Opening of Rids
The Fayetteville Community Development and Housing
HUD 14258-P.(R)
(herein called
the "Owner"), invites bids on the form attached hereto, all blanks of which
must be appropriately filled in. Bids will be received by the Owner at the
office of the Director until 10:00
o'clock A.M.- DST July 29 19 80 , and then at
said office publicly opened and read aloud. The envelopes containing the bids
must be sealed, addressed to Director,Community Development and Housing
P.O. Drawer F, Fayetteville, AR 72701
at and designated as Bid for
Street and Drainage Improvements
Bids may be hand delivered to 530—B North
College, Fayetteville.
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 60 days after the actual date of the opening thereof.
2. Preparation of Bid
Each bid must be submitted on the prescribed form and accompanied by
Certification by Bidder Regarding Equal Employment Opportunity, Form
HUD -b2.38 -CD -1, and Certification by Bidder (Contractor), concerning Labor
Standards and Prevailing Wage Requirements, Form HUD -1421. All blank
spaces for bid prices must_be filled in, in ink or typewritten, in both
words and figures, and the foregoing Certifications must be fully completed
and executed when submitted.
Each bid must be submitted in a sealed envelope bearing on the 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 to the Owner after verification by the HUD Area Office
of the current eligibility status, and,
b.
Must submit Form HUD -4238 -CD -2, Certification by Proposed Subcontractor
Regarding Equal Employment Opportunity and Certification by Proposed Sub -
Contractor Concerning Labor Standards and Prevailing Wage Requirements,
Form HUD -1422. Approval of the proposed subcontract award cannot be given
by tehe Owner unless and until the proposed subcontractor has submitted the
Certifications and/or other evidence showing that it has fully complied with
any reporting requirements to which it is or was subject.
Previous Editions Obsolete
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Although the bidder is not required to attach such Certifications by proposed
subcontractors to his bid, the bidder is here advised of this requirement so that
appropriate action can be taken to prevent subsequent delay in subcontract awards.
G. Telegraphic Modificatton
Any bidder may modify his bid by telegraphic communication at any time prior to
the scheduled closing time for receipt of bids. provided such telegraphic commu-
nication is received by the Owner prior to the closing time. and, provided
further, the Owner is satisfied that a written confirmation of the telegraphic
modification over the signature of the bidder was mailed prior to the closing
time. The telegraphic communication should not reveal the bid p=ice but should
provide the addition or subtraction or other modification so that the final
prices or terms will not be known by the Owner until the sealed bid is opened.
If written confirmation is not received within two days from the closing time,
no consideration will be given to the telegraphic modification.
5. Method of Bidding
The Owner invites the following bid(s):
Street and Drainage Improvements
6. Qualifications of Bidder
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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 O+tner may request. The Owner reserves
the right to reject any bid if the evidence submitted by, or investigation of, such
bidder fails to satisfy the Owner that such bidder is properly qualified to carry out
the obligations of the contract and to complete the work contemplated therein. Con- t
ditional bids will not be accepted.
7. Bid Security '
Each bid must be accompanied by cash, certified check of the bidder, or a bid bond
prepared on the form of bid bond attached hereto, duly executed by the bidder as
principal and having as surety thereon a surety company approved by the Owner, in t
amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all ex-
cept the three lowest bidders within three days after the opening of bids, and the
remaining cash, checks. or bid bonds will be returned promptly after the Owner and
the accepted bidder have executed the contract, or, if no award has been made withit�
60 days after the date of the opening of bids, upon demand of the bidder at any tim
thereafter, so long as he has not been notified of the acceptance of his bid.
8. Liquidated Damages for Failure to Enter into Contract '
The successful bidder, upon his failure or refusal to execute and deliver the con-
tract and bonds required within 10 days after he has received notice of the accept-
ance
ccept
ance of his bid, shall forfeit to the Owner. as liquidated damages for such failur
or refusal, the security deposited with his bid.
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9. Time of Completion and Liquidated Damages
Bidder must agree to commence work on or -before -a date to be specified in a
'written "Notice to Proceed" of the Owner and to fully complete the project
within 180 consecutive calendar days thereafter. Bidder must agree also to
pay as liquidated damages, the sum of $ 100.00 for each consecutive
calendar day thereafter as hereinafter provided in the General Conditions.
10. Conditions of Work
Each bidder must inform himself fully of the conditions relating to the con-
struction of the project and the employment of labor thereon. Failure to do so
will not relieve a successful bidder of his obligation to furnish all material
and labor necessary to carry out the provisions of his contract. Insofar as
possible the contractor, in carrying out his work, must employ such methods or
means as will not cause any interruption of or interference with the wort of
,any other contractor.
11. Addenda and Interpretations
No interpretation of the meaning of the plans, specifications or other pre-bid
documents will be made to any bidder orally:
Every request for such interpretation should be in writing addressed to
909 Rolling Hills Drive
at Fayetteville, Ark. 72701
McGoodwin, Williams and Yates, Inc.
and to be given consideration must be received at least five days prior to the
date fixed for the opening of bids. Any and all such interpretations and any
supplemental instructions will be in the form of written addenda to the speci-
fications which, if issued, will be mailed by certified mail with return re-
ceipt requested to all prospective bidders (at the respective addresses fur-
n ished for such purposes), not later than three days prior to the date fixed
for the opening of bids. Failure of any bidder to receive any such addendum or
interpretation shall not relieve such bidder from any obligation under his bid
as submitted. All addenda so issued shall become part of the contract documents
12. Security for Faithful Performance
S imultaneously 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
u nder this contract and furnishing materials in connection with this contract,
as specified in the General Conditions included herein. The surety on such
bond or bonds shall be a duly authorized surety company satisfactory to the
Owner.
13. Power of Attorney
Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond
a certified and effectively dateC copy of their power of attorney:
2-3
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14. Notice of Special Conditions
Attention is particularly called to those parts of the contract documents and
specifications which deal with the following:
(a) Inspection and testing of materials.
(b) Insurance requirements.
(c) Wage rates.
(d) Stated allowances.
15. Laws and Regulations
The bidder's attention is directed to the fact that all applicable State laws.
municipal ordinances, and the rules an* regulations of all authorities having
jurisdiction over construction of the project shall apply to the contract
throughout, and they will be deemed to be included in the contract the same as
though herein written out in full.
16. Method of Award - Lowest Qualified Bidder
If at the time this contract is to be awarded, the lowest base bid submitted
by a responsible bidder does not exceed the amount of funds then estimated by
the Owner as available to finance the contract, the contract will be awarded
on the base bid only. If such bid exceeds such amount, the owner may reject
all bids or may award the contract on the base bid combined with such deducti-
ble alternates applied in numerical order in which they are listed in the Fora
of Bid, as produces a nat amount which is within the available funds.
17. Obligation of Bidder
At the time of the opening of bids each bidder will be presumed to have in-
spected the site and to have read and to be thoroughly familiar with the plans
and contract documents (including all addenda). The failure or omission of
any bidder to examine any form, instrument or document shall in no way relieve
any bidder from any obligation in respect of his bid.
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Suppler;enu .,..:or HUD -1238-3(R)
IN:CRMALJSJLv FOR
18. ?F,^' SP/31Da.RDS AND ACCIDETIT PREVENTION
With respect to all work nerfcrmed under this contract, the contractor
shall:
1. Comply with the safety standards provisions of applicable laws,
building and construction codes and the "Manual of Accident Prevention in
Construction" published by the Associated General Contractors of America,
the requirements of the Occupational Safety and Health Act of 1970 (Public
Law 91-596), and the requirere nts of Title 29 cf the Code of Federal
Regulations, Section 1518 as published in the "Federal Register", Volume
36, No. 75, Saturday, April 17, 1971.
2. Exercise every precaution at all times for the prevention of accidents
and the protection of persons (including employes) and property.
3. Maintain at his office or other well known place at the job site, all
articles necess> , for giving first aid to the injured, and shall make
standing arrangements for the immediate removal to a hospital or a doctor's
care of persons (including employees), who may be injured on the job site.
In no case shall employees be permitted to work at a job site before the
employer has made a standing arrangement for removal of injured persons to
a hospital or a doctor's care.
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HUD -4238 -CD -1
(6-66)
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing
rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon-
tractors, shall stote as an initial part of the bid or negotiotions of the contract whether it has partici-
pated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether
it has filed all compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable
instructions, such bidder shall be required to submit a compliance report within seven calendar days
after bid opening. No contract shall be awarded unless such report is submitted.
Bidder's Name:
Address:
CERTIFICATION BY BIDDER
7tUNTON=ANCHOR CO.
y1s.1 d .01 Ashland•Warren, Inc.
<J. Lo 134%
Fa; 77-,F ii a � /912. 7 a70/
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity
Clouse. Yes rile No Ell-
2. Complion e reports were required to be filed in connection with such contract or subcontract.
Yes No C
3. Bidder ha filed all compliance reports due under applicable instructions, including SF -100.
Yes ( No fi None Required P
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.
DAVID C. Mc CLINTOW �>ZtS'OE Ni
NAME AND TITLE OF SIGNER (PLEASE TYPE)
.7-29-�v
SIGNATURE DATE
Previous Editions Obsolete
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U.S. DEPARTMENT OF DOUSING AND URBAN DEVELOPMENT
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPOR'TUNI'TY
itattl yi0NANCHOR' :Cb
A1.YiSi Af AsMand-w... lrR.
Name of Prime Contractor
II1.19-4238-CD-2
('1.-67)
Instructions
Project No.
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25
The implementing rules and regulations provide that any bidder or prospective
contractor, or any of'their proposed subcontractors, shall state as•an initial 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 compliant
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 Name:
Address:
1.
SUBCONTRACTOR'S CERTIFICATION
Po. go, s-77
SaatAy n 2GL
Bidder has participated in ,previous contract or subcontract to the
Opportunity Clause. Yes C/ No
2. Compliance reports were required
or subcontract. Yes ✓ No
Bidder has filed all compliance
including SF -100. Yes i0°' --No
Equal
to be filed in connection with such contract
reports.due under applicable instructions,
None Required___
If answer to item 3 is "No," please explain in detail on reverse side of
this certification.
Certification - -T'he information above
knowledge and belief.
Phut E %uwsTizt
is true and complete to the best of my
ce - ?eE- /1264er.
Name and Title of Signer (Please Type)
/�— to
Date
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LLS.: LPAH1MCNf Or n4U1tMy AND Uai1AN Ot"aLGPMEh;
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REOUIRE.MENTS
TO ld pprnpru4e Re dpi en U:
CoMMUN11ff D VELopMCNr
do
GATE 7-a s- 80
PROJECT NURSER (1)any)
# 77701- 37
PROJECT NAME
C1 T Y or FAYETTEVILL6) aa.KAAISAS STRET tDR4,NA6E TM�aPour s.iv-s)
1.. The undersigned, having executed a contract wi h COMMu,v,r, pcUELGpMC.N/ A'ncv*7
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 subcontractors, is his responsibility;
2. He certifies that
(a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an
ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations
of the Secretary of Labor, Part 5(29 CFR. Part 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as
amended (40 U.S.C. 276u-2(on.
(b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such sub-
contractor or any firm, corporation, partnership of 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. Ile agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract,
including those executed by his subcontractors and any lower tier subcontractors, a Su'bcontractor's Certification
Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors.
4. He certifies trio:
(a) The legal name and the business address of the undersigned ore:
MtCU$TONSANCHOR CO, p 0 Jibe isle %
Th914op 91 Ashjand•WarrenJ In?A
(b) The undersiened is:
F A 6:71k entzta &I< Anis s t'2 ?o/
(11 A SINGLE PROPRIETORSHIP
3) A CORPORATION ORGANISED IN THE STATE OF
Da» cone;
12) APARTNERSHIP
ut OTHER ORGArtl2 STIOH f OucNl:I
(c) The name, title and address al the owner, partner or officers of the unders i gnea ore:
NAME
TITL E
AOORESS
a14"
C. Mc-am/7m
Dia/Smit/ ?&S//Ifvl
?a SOX /2.7
fAYETTEP/ue.4t&
C. (� . SONE
s
-
�
VISE I%LS.SiQ, .vt
SAME
SA Alf
D.
A • CoNQRfl
fit-
,Assn%
HUD -ten le -IS)
3-3
3-4
lal 11.e nnnc1 crip Jaw c: sc• al au spa 1.11s Ln s, Lath r:atu'al and Cer;Orale, ne.ing a .uOcrayryl mr err sl in the unl rnl]a!d,
and the nature 41 the .ntrrcit ore i.e n'110.
ADDRESS
initiate Or INTENEST
e) The names, addresses and trade clesst6canans of ail other building canstrucnan « ntrntmrs In ahl ch the dnaery yned has
a substantial .nte est ore Brenna. m uao-P
NAME
ADDRESS
TRADE CI. SSIFICAl10N
No lE.
Date
acs- ko
By
WARNING
fetcCUNION-A1vCUQt CQ.
atm 9i L4hjapd-yLalo-• Inge
ICY. rraetarl
JeatzL
U.S. Ciimrnal Code, Section 1010. Title /E, U.S.C., provides in pan: "Whoever mates. utters or publishes any
statement. knowing the ams le be Ilse shall be hued not more than $5.000 or imprisoned nam more than too .Jr,,yor bath."
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
' U.S. DEPAR'1M1:NT OF IIOUSING AND UURBAN UEVIEL01'NEN'C
Community Development Block CrrinL Prop.r:un
SUBCON'TRACTOR'S CERTIFICATION
_CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (Appropriate Recipient): • DATE:
CGnAidA//l% DiuELrigM,6.Nl D0,' _ ROJECT NUMBER If Any
C/O T fiA'Glar -st
PROJECT NAP • : GOAnQ.5
G'ilY aF M vnri% f} /L Pek94igs ce6cKcMma; S
coat1: The undersigned, having executed a contract with Ql1si O Milnnrwarr;
Contractor or ubc ntractor)
for G'GJVG/iti�_TrtREf
Nature of Wf 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. lie certifies that:
I. (a) The legal name and thi business address of the undersigned are:
vrEka Y " LD. Scu FZ7t f. lNc.
' PC. go )c S 7 9 .Ci9a y$t r&A,g I A2
b) The undersigned is: T
(1) A SINGLE PROPRIETORSHIP: (3) A CORPORATION ORGANIZED IN 111E STATE
OF:
(2) A PARTNERSHIP: (4) OTILER ORGANIZATION (Describe):
c The name, title and address of the owner, partners or officers of the
' undersigned are:
3-5
1
1
I.
I.
1
" NAi II'.
MILE
AUUI:h,;iG
SE A S —
D�ac�_
f?0. 8 0c s79
74Aw7, LL
Ucc - a�s�
¼u) ine names and addresses or all other persons, both natural and corporate,
having.a substantial interest in the undersigned, and the nature of the
interest are (If none, so state): -
NAME
ADDRESS
NATURE OF INTEREST
AA,,A
�
fie) the names, addresses and trade classifications of all other building con-
struction contractors in which the undersigned has a substantial interest
��— Date: 6
Subcontractor ��
By ' �[L £ C�Uf,(LGL 0'aw Er/DAN%
(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."
HUD -1422 (6-75)
I
3-6
•
MUD.422a.J
(2-66)
U.S. Department of Housing and Urban Development
CERTIFICATE OF OWNER'S ATTORNEY
I. the undersigned, James N. McCord the
duly authorized and acting legal representative of the City of
Fayetteville, Arkansas do hereby certify as
follows:
I have examined the attached contract(s) and surety bonds and the manner
of execution thereof, and I am of the opinion that each of the aforesaid
agreements has been duly executed by the proper parties thereto acting T'
through their duly authorized representatives; that said representatives
have full power and authority to execute said agreements on behalf of the
respective parties named thereon; and that the foregoing agreements consti-
tute valid and legally binding obligations upon the parties executing the
same in accordance with terms, conditions and provisions thereof.
Date: August ,1980
3-7
Huaw,en.. D. C.
Li
' INK INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA PENNSYLVANIA
I.
Proposal or Bid Bond
' KNOW ALL MEN BY THESE PRESENTS, THAT WE
McCLINTON-ANCHOR COMPANY, DIVISION OF ASHLAND -WARREN, INC.
U.
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 30th day of July A. D. 19 80
WHEREAS, the said principal is herewith submitting proposal for
' COMBS AVENUE, WHILLOCK STREET & FARMERS STREET,
DHUD-77-01—ST
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.
I
I
I
{i. Ii Iii;,,
MCCLINTON-ANCHOR COMPANY,\DPVISION OF
..A.S HLANDWARREN,-.-INC.........................................
....eeuiZZ4.2..:....c.�
INSURA Cg COMPANY OF NORTH A. ERI
/%',..
...........................
East, Jr.,
BS -1946 PRINTED IN U.S.A.
Fact
' 3-8
I. POWER OF ATTORNEY
�x ti .
k Ft f .. 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 the said Company
o'; May 28, 1975, to wit:
' "RESOLVED, pursuant to Articles 3 hand 5 1 of the By-laws, the following Rules shall govern the execution for the Company of
In •ids. undertakings, recognizances, contracts and other writings in the nature thereof:
it That the President, nr any V,ce-President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute for
and ,n behalf of the Company any and all bonds. undertakings. recogmzances. contracts and other writings in the nature thereof, the
' vnr to be attested when net essary by the Secretary, an Asost.int Secretary or a Rrsident Assistant Secretary and the seal of the
Company afford thereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident
M,.,stanl Secretaries and Attornevs-in-fact to so execute or attest to the execution of all such writings on behalf of the Company and
to.afiix the seal of the Company thereto.
' i1 Any such writing executed in accordance with these Rules shall be as binding upon the Company io any case as though signed
hs the President and attested by the Secretary. ,.
13r 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
' (at simile 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.
tat 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.
151 The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9,
1953."
dries 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 he 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
Ctrmpany at its principal office.
IN WITNESS WHEREOF, the said „_._........C....DANIEL.➢RAKE................................... Vice -President,
has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF
' NORTH AMERICA this ............tat .............................. day of ................July........................ 19.......7.6......
INSURANCE COMPANY OF NORTH AMERICA
' ISEALI by.......C....AAa`1.IEL..DRA%k...............................................
Vice -President
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA f
ss.
On this .............let....................... day of ....................... JutY.........., A. D. 19......76......, before me, a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came................................................
...................................Ga..t1ANIEG..D.RA....................................................................., Vice -President of the INSURANCE
COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding
instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the
corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and
direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to
in the preceding instrument, is now in force. IN.TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia,
the day and year first above written.
.............. MAUREEN...SGLi................ ................:.
Notary Public.
comm'
1111 on expves August 13 l97q
g _ h undersigned, Assistant Secretar, of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that
ad OWER OF ATTORNEY, of which the foregoing is a full, true and correct is in full force and effect.
mess whereof, I have hereunto subscribed my name as Assistant Secreta tin affixed the corporate seal
o ration, this...............30th .................. day of .......... 1........
..
rn
fSLT (�
..... ........................../..............fsslsiar
...................
35 is 7/711 enaNinu.s.a. 3-8a ..tSecretary
1 6794
Federal Register / Vol. 45, No. 52 / Friday. March 14. 1980 / Notices
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BILL CLINTON. GOVERNOR
CHARLES L DANIELS. DIRECTOR
ARKANSAS DEPARTMENT OF LABOR
1022 HIGH STREET LITTLE ROCK 72202 (501) 371-1401
McGoodwin, Williams & Yates, Inc.
909 Rolling Hills Drive
Fayetteville, AR 72701
Gentlemen:
July 16, 1980
Re: Street & Drainage Improvements
Fayetteville, AR
Washington County
This is to certify that the State of Arkansas Prevailing Wage Rate
Determination Number 78-148 for the above -noted project shall conform
with those contained in the U, S. Department of Labor decision No.
AR80-4020 and Modification #1 of that decision.
If you have any questions or we can be of further assistance, please
contact Becky Bryant at 370-5570.
CLD:rm
Sincerely,
Charles L. Daniels
Director
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
BID FOR UNIT PRICE CONTRACTS
Place Fayetteville, Arkansas .
Date 7-29-80
Project No
DHUD No. 7701 -ST
Proposal of McClinton -Anchor Company, Division of Ashland- (hereinafter
Warren, Inc.
called "Bidder") e a corporation, organized and existing under the laws of the
State of Delaware . a-fl-p-tn crshipr ad_deit+$_bsiaess
Ira
To the Community Development and Housing
Fayetteville, Arkansas (hereinafter called "Owner")
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction
of Street and Drainage Improvements: Contract Section V — Combs Avenue
having examined the plans and specifications with related documents and the site
of the proposed work, and being familiar with all of the conditions surrounding
the construction of the proposed project including the availability of materials
and labor, hereby proposes to furnish all labor, materials, and supplies, and to
construct the project in accordance with the contract documents, within the time
set forth therein, and at the prices stated below. These prices are to cover all
expenses incurred in performing the work required under the contract documents. of
which this proposal is a part. -
Bidder hereby agrees to commence work under this contract on or before a date
to be specified in written "Notice to Proceed" of the Owner and to fully complete
the project within 180 consecutive calendar days thereafter as stipulated in
the specifications. Bidder further agrees to pay as liquidated damages, the sum
of $ 100.00 for each consecutive calendar day thereafter as hereinafter
provided in Paragraph 19 of the General Conditions.
Bidder acknowledges receipt of the following addendum:
Insert corporation, partnership or individual as applicable.
=HUD -4233D(2.69) Replaces CFA-238-Dwhieh is obsolete
Contract Section V
5-1
The Bidder may
not "tie" his
bid under this Contract Section
to any Contract
Sections he may
bid in these
specifications. He may bid any
one, or combination
of Sections.
Bidder agrees
to perform all
the construction work described
in the specifications
and shown on the
plans for this portion of the work for the
following unit and lump
sum prices.
CONTRACT SECTION V
Item Estimated
Description and Unit or Lump Sum Price
Bid
Total
No. Quantity
1. Lump Sum.
Site Preparation, Combs Avenue
Two thousand and
no/100-------------------------------- dollars
$
2,000.00
(Amount written in words.)
(In figures.)
2. 400
Tons, Compacted SB-2 Base Material, complete
in place
Eight and 75/100
---------------------------- dollars( 8.75
)Ton
3,500.00
3. 160
Tons, 2 -Inch Asphaltic Concrete Hot -Mix
Surface Course, complete in place
Thirty-one and 50/100 ---------------------- dollars( 31.50
)Ton
5,040.00
4. 1,050
Linear Feet, Concrete Curb and Gutter, complete
in place
Four and 75/100
--------------------------- dollars( 4.75
)L,F.
4,987.50
5. 230
Square Yards, Nonreinforced Portland Cement
Concrete Sidewalk, complete in place
Eleven and no/100------------------------- 11.00
dollars(
)S.Y.
2,530.00
6. 70
Square Yards, 6 -Inch Nonreinforced Portland
Cement Concrete Driveway Repair, complete
in place
Fourteen and 70/100 ---------------- ------ dollars( 14.70
)S.y.
1,029.00
7. 1
Each, Adjustment of Manhole to Grade
Two hundred Ten
and no/100----------------- 210.00
dollars(
)Each
210.00
5-2
Contract Section V
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Item Estimated
Description and Unit or Lump Sum Price Bid Total
' No. Quantity
8. 350 Square Yards, Topsoiling, Seeding, Fertilizing
and Mulching
One and 50/100 --------------------------- 1.50 525.00
dollars( )S.Y. $
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TOTAL, CONTRACT. SECTION V --------------------------------- $ 19,821.50
(Amounts are to be shown in both words and figures. In case of discrepancy, the amount
shown in words will govern.)
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The above unit prices shall include all labor, materials, bailing, shoring, removal,
overhead, profit, insurance, etc., to cover the finished work of the several kinds
called for.
Bidder understands that the Owner reserves the right to reject any or all bids and
to waive any informalities in the bidding.
The
bidder agrees that this bid shall be
good and may
not
be withdrawn for
a period
of
60 calendar days after the scheduled
closing time
for
receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidder will execute
the formal contract attached within 10 days and deliver a Surety Bond or Bonds as
required by Paragraph 29 of the General Conditions. The bid security attached in
the sum of 5% of bid
dollars
($ ) is to become the property of the Owner in the event the contract
and bonds are not executed within the time above set forth, as liquidated damages
for the delay and additional expense to the Owner caused thereby.
(Seal - if bid is by corporation)
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Respectfully submitted:
By /s/ David C. McClinton
(Signature)
President
(Title)
P. 0. Box 1367, Fayetteville, AR 72701
(Business Address & Zip Code)
Arkansas License No. 80-305
5-3 Contract Section V
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
BID FOR UNIT PRICE CONTRACTS
Place
Fayetteville, Arkansas
Date 7-29-80
Project No,
DIUD No. 7701 -ST
Proposal of McClinton -Anchor Company. Division of Ashland- (hereinafter
Warren, Inc.
called "Bidder")• a corporation, organized and existing under the laws of the
State of Delaware , • a -part reship, yr alr rrdiridvai-zto'i.-btMiT•es3
To the Community Development and Housing
Fayetteville, Arkansas
Gentlemen:
(hereinafter called "Owner")
The Bidder, in compliance with your invitation for bids for the construction
of Street and Drainage Improvements: Contract Section VI — Whillock Street
having examined the plans and specifications with related documents and the site
of the proposed work, and being familiar with all of the conditions surrounding
the construction of the proposed project including the availability of materials
and labor, hereby proposes to furnish all labor, materials, and supplies, and to
construct the project in accordance with the contract documents, within the time
set forth therein, and at the prices stated below. These prices are to cover all
expenses incurred in performing the work required under the contract documents, of
which this proposal is a part.
Bidder hereby
agrees to
commence work under this
contract on of before a date
to
be specified in
written "Notice
to Proceed" of the
Owner and to fully complete
the
project within
180
consecutive calendar days
thereafter as stipulated in
the
specifications.
Bidder
further agrees to pay as liquidated
damages, the sum
of
$ 100.00
for each
consecutive calendar day
thereafter as hereinafter
provided in Paragraph 19 of the General Conditions.
Bidder acknowledges receipt of the following addendum:
• Insert corporation, partnership or individual as applicable.
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•HUD -4228D(2.69) Replaces CFA•223•O Which is obsolete
5a-1
Contract Section VI
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The Bidder may not "tie" his bid under this Contract Section to any Contract
Sections he may bid in these specifications. He may bid any one, or combination
of Sections.
Bidder agrees to perform all the construction work described in the specifications
and shown on the plans for this portion of the work for the following unit and lump
sum prices.
CONTRACT SECTION VI
Item Estimated
Description and Unit or Lump Sum Price Bid Total
No. Quantity
1. Lump Sum Site Preparation, Whillock Street
One thousand Five hundred and no/l0O—
(Amount written in words.)
2. 1,000 Tons, Compacted SB-2 Base Material,
complete in place
dollars $ 1,500.00
Eight and 50/100 -------------------------- dollars( 8.50 )Ton. 8,500.00
3. 370 Tons, 2 -Inch Asphaltic Concrete Hot -Mix
Surface Course, complete in place
1 Thirty-one and 50/100 ------------------- dollars( 31.50 )Ton 11,655.00.
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4. 5 Each, Adjustment of Manholes to Grade
Two hundred Ten and no/100----------------- dollars( 210.00 )Each 1,050.00
1 5
10 Cubic Yards, Reinforced Class A Concrete
for headwalls and aprons on existing 30" RCP
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Two hundred Ninety and no/100------------ dollars( 290.00 )C Y
TOTAL, CONTRACT SECTION VI
(Amounts are to be shown in both words and figures
shown in words will govern.)
2,900.00
25,605.00
In case of discrepancy, the amount
The above unit prices shall include all labor, materials, bailing, shoring, removal,
1 overhead, profit, insurance, etc., to cover the finished work of the several kinds
called for.
1 Bidder understands that the Owner reserves the right to reject any or all bids and
to waive any informalities in the bidding.
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The
bidder agrees that this bid shall be
good and may
not
be withdrawn for
a period
of
60 calendar days after the scheduled
closing time
for
receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidder will execute
the formal contract attached within 10 days and deliver a Surety Bond or Bonds as
required by Paragraph 29 of the General Conditions. The bid security attached in
the sum of 5% of bid dollars
($ ) is to become the property of the Owner in the event the contract
and bonds are not executed within the time above set forth, as liquidated damages
for the delay and additional expense to the Owner caused thereby.
Respectfully submitted:
By /s/ David C. McClinton
(Signature)
President
(Title)
(Seal - if bid is by corporation)
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P. 0. Box 1367, Fayetteville, AR 72701
(Business Address & Zip Code)
Arkansas License No. 80-305
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
BID FOR UNIT PRICE CONTRACTS
Place
Fayetteville, Arkansas
Date 7-29-80
Project No.
DHUD No. 7701 —ST
Proposal of McClinton -Anchor Company, Division of Ashland- (hereinafter
Warren, Inc.
called "Bidder") e a corporation, organized and existing under the laws of the
State of Delaware �r Q{�g{} �lytd7}�i dtl d�-Y]OYT g-�tl92fl299
as
To the Community Development and Housing
Fayetteville, Arkansas (hereinafter called "Owner")
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction
of Street and Drainage Improvements: Contract Section VII - East Farmers
Street
having examined the plans and specifications with related documents and the site
of the proposed work, and being familiar with all of the conditions surrounding
the construction of the proposed project including the availability of materials
and labor, hereby proposes to furnish all labor, materials, and supplies, and to
construct the project in accordance with the contract documents, within the time
set forth therein, and at the prices stated below. These prices are to cover all
expenses incurred in performing the work required under the contract documents, of
which this proposal is a part.
Bidder hereby agrees to commence work under this contract on or before a date
to be specified in written "Notice to Proceed" of the Owner and to fully complete
the project within 180 consecutive calendar days thereafter as stipulated in
the specifications. Bidder further agrees to pay as liquidated damages, the sum
of $ 100.00 for each consecutive calendar day thereafter as hereinafter
provided in Paragraph 19 of the General Conditions.
Bidder acknowledges receipt of the following addendum:
Insert corporation, partnership or individual as applicable.
•HUD -4238D (2.69) Replaces CFA -28O which is obsolete
Contract Section VII
5b-1
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The Bidder may not "tie" his bid under this Contract Section to any Contract
Sections he may bid in these specifications. He may bid any one, or combination
of Sections.
Bidder agrees to perform all the construction work described in the specifications
and shown on the plans for this portion of the work for the following unit and lump
sum prices.
CONTRACT SECTION VII
Item Estimated
No. Quantity Description and Unit or Lump Sum Price Bid Total
1. Lump Sum Site Preparation, East Farmers Street
Six thousand and no/100--------------------------------- dollars $ 6,000.00
(Amount written in words.) (In figures.)
2. 1,070 Tons, Compacted SB-2 Base Material,
complete in place
Eight and 75/100 ------------------------- dollars( 8.75 )Ton 9,362.50
3. 360 Tons, 2 -Inch Asphaltic Concrete Hot -Mix
Surface Course, complete in place
Thirty-one and 50/100 ---------------- ---- dollars( 31.50 )Ton) 11,340.00
4. 2,450 Linear Feet, Concrete Curb and Gutter,
complete in place
Four and 75/100 ------------------------ 4.75 11,637.50
dollars( )L .F.
5. 525 Square Yards, Nonreinforced Portland Cement
Concrete Sidewalk, complete in place
Eleven and no/100 ------ — ---- ----- dollars( 11.00 )S Y. 5,775.00
6. 95 Square Yards, 6 -Inch Nonreinforced Portland
Cement Concrete Driveway Repair, complete
in place
Fourteen and 70/100 ------------------------ 14.70 1,396.50
dollars( )S.Y.
7. 800 Square Yards, Topsoiling, Seeding, Fertilizing
and Mulching
One and 50/100--------------- 1.50 1,200.00
dollars( )S.Y.
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Item Estimated Description and Unit or Lump Sum Price Bid Total
I. No. Quantity
8. Lump Sum Single Bay 6 -Foot by 3 -Foot Concrete Box
Culvert, complete in place
Seven thousand Four hundred Seventy-one and no/100-------- $ 7,471.00
dollars • 9. 2 Each, Type "A" Concrete Drop Inlet Box,
complete in place
Six hundred Thirty and no/100----------- dollars( 630.00 )Each 1,260.00
'
10. 370 Linear Feet, 18 -Inch Reinforced Concrete
Storm Sewer Pipe
Twenty and 50/100 ----------------------- dollars( 20.50 )L,F. 7,585.00
TOTAL, CONTRACT SECTION VII ----------------------------- $ 63,027.50
' (Amounts are to be shown in both words and figures. In case of discrepancy, the
amount shown in words will govern.)
The above unit prices shall include all labor, materials, bailing, shoring, removal,
overhead, profit, insurance, etc., to cover the finished work of the several kinds
called for.
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Bidder understands that the Owner reserves the right to reject any or all bids and
to waive any informalities in the bidding.
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The bidder agrees that this bid shall be good and may not be withdrawn for a period
of 60 calendar days after the scheduled closing time for receiving bids.
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Upon receipt of written notice of the acceptance of this bid, bidder will execute
the formal contract attached within 10 days and deliver a Surety Bond or Bonds as
required by Paragraph 29 of the General Conditions. The bid security attached in
the sum of 5 per cent of bid dollars ($ )
is to become the property of the Owner in the event the contract and bonds are not
executed within the time above set forth, as liquidated damages for the delay and
additional expense to the Owner caused thereby.
Respectfully submitted:
By /s/ David C. McClinton
(Signature)
• President
(Title)
(continued)
5b-3 Contract Section VII
(Seal - if bid is by corporation)
P. 0. Box 1367, Fayetteville, AR 72701
(Business Address & Zip Code)
Arkansas License No. 80-305
5b-4
Contract Section VII
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HUD -4238-F
(6.66)
CONTRACT
THIS AGREEMENT, made this day of August 19 80 'by and
between the City of Fayetteville, Arkansas , herein called "Owner,"acting
(Corporate Name of Owner)
herein through its Mayor and
(Title of Authorized Official)
McClinton -Anchor Company, Division of Ashland -Warren, Inc.
STRIKE OUT (a corporation) (a -party ewhip)
INAPPLICABLE (aaituli iLuldag- snessas
TERMS
of Wilmington , County of
and State of Delaware
' hereinafter called "Contractor."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to he
made, and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete
' the construction described as follows:
• Street and Drainage Improvements:
Contract Section V - Combs Avenue ---- $ 19,821.50
I. Contract Section VI - Whillock Street __ 25,605.00
Contract Section VII — E. Farmers Street 63,027.50
hereinafter called the project. for the sum of * $108,454.00 Dollars
' (S ** ) and all extra work in connection therewith, under the terms as stated in the General and Special Con-
ditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance; and other accessories and services necessary to corn -
I. plete the said project in accordance with the conditions and prices stated in the Proposal. the General Conditions, Sup-
plemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue
prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents
therefor as prepared by Mc Goodwin, Williams and Yates, Inc. herein entitled the Aa*rirt=ri/Engineer,
and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and col-
lectively evidence and constitute the contract.
' The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project within 180 consecutive calendar days
thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of S 100.00 for each consecu-
' tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to
additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account
' thereof as provided in Paragraph 25, "Payments to Contractor:' of the General Conditions.
* One hundred eight thousand Four hundred Fifty—four and no/100 --- dollars
' ** $108.454.00
(Over)
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' IN WITNEss, EREOF, the parties to these presents have executed this contract in six (6) counterparts, each
of which in the year and (lay first above mentioned.
•
W 4 � -
(Seal) ^- City of Fayetteville, Arkansas
t ?
.wc�•''
ATTESTS t? , . '= = (Owner)
ji B
/r•"1/ ���\ \\\� `r 7`1
✓cam'
' Bonnie J. Goering, City Clerk John T. Todd
Ma or
(Witness) (Title)
(Seal).,
McClinton -Anchor Company
Division of Ashland -Warren, Inc.
• (Contractor)
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rmY Xw FYI
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By
•
(Witness) (Title) -
(Address and Zip Code)
NOTE: Secretary of the Owner should attest. If Contractor is a corporation. Secretary should attest.
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HUD -4238-F (6-66) - GPO 869.390
6-2 •
' PERFORMANCE BOND
' KNOW ALL MEN BY THESE PRESENTS: That we (1) McClinton -Anchor Company, Division
' of Ashland -Warren, Inc. a (2) corporation hereinafter called
"Principal" and (3) Insurance Company of North America
' of Philadelphia , State of Pennsylvania , hereinafter
called the "Surety," are held and firmly bound unto (4) the City of Fayetteville,
' Arkansas , hereinafter called "Owner," in the penal sum of
One hundred eight thousand Four hundred Fifty-four and no/100 ---------------------
'----------------------= dollars ($ 108,454.00 ) in lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our
' heirs, executors, administrators and successors, jointly and severally, firmly by these
presents.
' THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into
a certain contract with Owner,, dated the day of August 19 80
a copy of which is hereto attached and made a part hereof for the construction of:
Street and Drainage Improvements: Contract Section V: $19,821.50; Contract
Section VI: $25,605.00; and Contract Section VII: $63,027.50. Total: $108,454.00.
NOW THEREFORE, if the Principal shall well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions, and agreements of said
contract during the original term thereof, and any extensions thereof which may be
granted by the Owner, with or without notice to the Surety, and if he shall satisfy
all claims and demands incurred under such contract, and which it may suffer by reason
of failure to do so, and shall reimburse and repay the Owner all outlay and expense
which the Owner may incur in making good any default, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, FURTHER,.that the said Surety, for value received hereby stipulates
' and agrees that no change, extension of time, alteration or addition to the terms of
the contract or to the work to be performed thereunder or the specifications accom-
panying the same shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time, alteration or addition to
'the terms of the contract or to the work or to the specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor
' shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act
209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section
51-635, Cumulative Supplement.
7-1
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IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one
of which shall be deemed an original, this the day of August , 19 80
ATTEST:
1 McClinton -Anchor Company,
Division of Ashland -Warren, Inc.
Principal
1 �," cpaSI�l) Secretary
By: .rte
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1 P. 0. Box 1367
WYtea to Principal Fayetteville, Arkansas 72701
t"�` `-:�� Address
!?�. ,c ,37
1 i4T'6rt U. As fro,
Address
1 ATTEST:
Insurance Company of NorthAmerica
Surety
(Surety)
(SEAL)
Ja East, Jr., At r y -In -Fact
Wit ess as to Suret 1220 West Third, Little Rock, AR 72201
1 Address
1220 West Third, Little Rock, AR
1 Address
1 NOTE: Date of bond must not be prior to date of contract.
(1) Correct name of Contractor.
1 (2) A Corporation, a Partnership, or an individual, as the case may be.
(3) Correct name of Surety.
(4) Correct name of Owner.
1 (5) If Contractor is a Partnership, all partners should execute bond.
(6) This bond must be filed with the Circuit Court of the County where the work is
to be performed prior to the start of construction.
1
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' PAYMENT BOND
' KNOW ALL MEN BY THESE PRESENTS: That we (1) McClinton -Anchor Company, Division
of Ashland -Warren, Inc. a (2) corporation hereinafter called
"Principal" and (3) Insurance Company of North America
of Philadelphia , State of Pennsylvania , hereinafter
called the "Surety," are held and firmly bound unto the City of Fayetteville,
Arkansas , hereinafter called "Owner," in the penal sum of One hundred eiaht
thousand Four hundred Fifty-four and no/100dollars
dollars
' ($ 108,454.00 ) in lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into
' a certain contract with Owner, dated the day of August , 19 80
a copy of which is hereto attached and made a part hereof for the construction of:
' Street and Drainage Improvements: Contract Section V: $19,821.50; Contract
Section VI: $25,605.00; and Contract Section VII: $63,027.50. Total: $108,454.00.
NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms,
' subcontractors and corporations furnishing materials for or performing labor in the
prosecution of the work provided for in such contract, and any authorized extension or
modification thereof, all amounts due for but not limited to, materials, lubricants,
' oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used
in connection with the construction of said work, fuel oil, camp equipment, food for
• men, feed for animals, premium for bonds and liability and workmen's compensation
' insurance, rentals on machinery, equipment and draft animals; also for taxes or pay-
ments due the State of Arkansas or any political subdivisions thereof which shall have
arisen on account of or in connection with the wages earned by workmen covered by the
bond; and for all labor, performed in such work whether by subcontractor or otherwise,
then this obligation shall be void, otherwise to remain in full force and effect.
The Surety agrees the terms of this bond shall cover the payment by the Principal
' of not less than the prevailing hourly rate of wages as found by the Arkansas Depart-
ment of Labor or as determined by the court on appeal to all workmen performing work
under the contract.
' PROVIDED FURTHER, that the said surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder of the specifications accompanying
' the same shall in any wise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the
terms of the contract as to the work or to the specifications.
1
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' PROVIDED FURTHER, that no final settlement between the Owner and the Contractor
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
' This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act
209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957) Section
51-635, Cumulative Supplement.
' IN WITNESS WHEREOF,, this instrument is executed in six (6) counterparts, each one
of which shall be deemed an original, this the day of August , 19 80
ATTEST:
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Pnv,reu,aciig V alai
Address
McClinton -Anchor Company,
Division of Ashland -Warren, Inc.
Principal
By: ���JVL
P. 0. Box 1367
Fayetteville, Arkansas 72701
Address
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ATTEST: Insurance Company of North;America
Surety
(Surety) uLy
At orney-in-Fact (SEAL) J ck East, Jr. \`
J ] V
Witn as to Sr ty 1220 West Third, Little Rock, AR 72201
Address
1220 West Third, Little Rock, AR
Address
NOTE: Date of bond must not be prior to date of contract.
(1) Correct name of Contractor.
(2) A Corporation, a Partnership, or an individual, as the case may be.
(3) Correct name of Surety.
(4) Correct name of Owner.
(5) If Contractor is Partnership, all partners should execute bond.
(6) This bond must be filed with the Circuit Court of the County where the work is
to be performed prior to the start of construction.
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' Know all then 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
I on May 28, 1975, to wit:
'•RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of
bonds, undertakings, recognizances, contracts and other writings in the nature thereof:
(1) That the President, or any Vice -President, Assistant Vice -President, Resident Vice•President or Attorney -in -Fact, may execute for
and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the
same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the
Company affixed thereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident
Assistant Secretaries and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and
to affix the seal of the Company thereto. -
' (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed
by the President and attested by the Secretary.
(3) The signature of the President or a Vice -President and the seal of the Company may be affixed by facsimile on any power of
attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by.
' facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid
and binding on the Company.
(4) Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the
Company, and any affidavit or record of the. Company necessary to the discharge of their duties.
(5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9,
1953."
does hereby nominate, constitute and appoint 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.......7.6......
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INSURANCE COMPANY OF NORTH AMERICA
(SEAL) by.......C.,...DANtEL.DBARE...............................................
Vice -President
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA } ss.
On this ..............1st........................ day of.............I.........!Itay..........., A. D. 19 ......76......, before me, a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came................................................
......................................C.A...DARIIFL..DRAZ......................................................................, 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.
1fAUFiEEN...&lrDkLG-r��`�� o ...................
C° 04 Lary Public.
�;. stt commission expires A79 .:•,
h undersigned, Assista uSecretar{ o 9NSURANCE COMPANY OF NORTH AMERICA; do�hereby certify that
'r alROWER OF ATTORNEY, of which the foregoing is a full, true and correct rmJs in ull force and effect.
tness whereof, I haverhereunto subscribed my name as Assistant Secrets an affixed the corporate seal
e ration, this ............................................day day of
\Ri. K P/�n F: ... y. ..............
se-tc 7/75 Printed in U.S.A. - st+isia`rit Secretary
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
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GENERAL CONDITIONS
1. Contract and Contract Documents
The project to be constructed pursuant to this contract will be financed with assistance
from the Department of Housing and Urban Development and is subject to all applicable
Federal laws and regulations. -
The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the
Supplemental General Conditions shall form part of this Contract and the provisions thereof
shall be as binding upon the parties hereto as if they were herein fully set forth. The table
of contents, titles, headings, running headlines and marginal notes contained herein and in
said documents are solely to facilitate reference to various provisions of the Contract
Documents and in no way affect, limit or cast light on the interpretation of the provisions
to which they refer. .
Contents*
1.
Contract and Contract Documents
36.
Stated Allowances
2.
Definitions
37.
Use of Premises and Removal of Debris
3.
Additional Instructions and Detail
38.
Quantities of Estimate
Drawings 1
39.
Lands and Rights -of -Way
4.
Shop or Setting Drawings
40.
General Guaranty
5.
Materials, Services, and Facilities
41.
Conflicting Conditions
6.
Contractor's Title to Materials
42.
Notice and Service Thereof
7.
Inspection and Testing of Materials
43.
Required Provisions Deemed Inserted
8.
"Or Equal" Clause -
44,
Protection of Lives and Health
9.
Patents
45,
Subcontracts
10.
Surveys, Permits and Regulations
46.
Equal Employment Opportunity
11.
Contractor's Obligations
47,
Interest of Member of Congress
12.
Weather Conditions
48,_
Other Prohibited Interests
13.
Protection of Work and Property--
49.
Use Prior to Owner's.Acceptance
Emergency
50,
Photographs
14.
Inspection
51.
Suspension of Work
15.
Reports, Records and Data
52.
Minimum Wages
16.
Superintendence by Contractor
53.
Underpayments of Wages
17.
Changes in Work
54.
Anticipated Fringe Penefits
18.
Extras
55.
Overtime Compensation
19.
Time for Completion and Liquidated
56.
Apprentices
Damages
57.
Employment Prohibited
20.
Correction of Work
58.
Compliance with Anti -Kickback Act
21.
Subsurface Conditions Found Different
59.
Classifications Not Listed
22..
Claims for Extra Cost
60.
Fringe Benefits Not Expressed
23,
Right of Owner to Terminate Contract
61.
Posting Wage Rates
24.
Construction Schedule and Periodic
- 62.
Complaints, Proceedings or Test -
Estimates
imorry -
25.
Payments to Contractor
63.
Claims and Disputes
26.
Acceptance of Final Payment as Release
64.
Questions Concerning Regulations
27.
Payments by Contractor
65.
Payrolls and Records
28.
Insurance
66.
Specific Coverage
29.
Contract Security
67.
Ineligible Subcontractors
30.
Additional or Substitute Bond
68.
Provisions to be Included
31,
Assignments .
69.
Breach of Labor Standards
32.
Mutual Responsibility of Contractors
70.
Employment Practices
33.
Separate Contracts
71.
Contract Termination; Debarment
34.
Subcontracting
35.
Architect/Engineer's Authority
' HUD-4238S(R) Previou, edbmn is obsolete
11* Attachment to Federal Labor Standards Provisions
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2. Definitions
The following terms as used in this contract are respectively defined as follows:
(a) "Contractor": A person, firm or corporation with whom the contract is made by the
Owner.
(b) "Subcontractor": A person, firm or corporation supplying labor and materials or only
labor for work at the site of the project for, and under separate contract or agreement.
with, the Contractor.
(c) "Work on (at) the project": Work to be performed at the location of the project, includ-
ing the transportation of materials and supplies to or from the location of the project
by employees of the Contractor and any Subcontractor,
3. Additional Instructions and Detail Drawings
The Contractor will be furnished additional instructions and detail drawings as necessary
to carry out the work included in the contract. The additional drawings and instructions
thus supplied to the Contractor will coordinate with the Contract Documents and will be so
prepared that they can be reasonably interpreted as part thereof. The Contractor shall
carry out the work in accordance with the additional detail drawings and instructions. The
Contractor and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates
at which special detail drawings will be required, such drawings, if any, to be furnished
by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the
respective dates for the submission of shop drawings, the beginning of manufacture, test-
ing and installation of materials, supplies and equipment, and the completion of the various
parts of the work; each such schedule to be subject to change from time to time in accord-
ance with the progress of the work.
4. Shop or Setting Drawings
The Contractor shall submit promptly to the Architect/Engineer two copies of each shop
or setting drawing prepared in accordance with the schedule predetermined as aforesaid.
After examination of such drawings by the Architect/Engineer and the return thereof, the
Contractor shall make such corrections to the drawings as have been indicated and shall
furnish the Architect/Engineer with two corrected copies. If requested by the Architect/
Engineer the Contractor must furnish additional copies. Regardless of corrections made in
or approval given to such drawings by the Architect/Engineer, the Contractor will never-
theless be responsible for the accuracy of such drawings and for their conformity to the
Plans and Specifications, unless he notifies the Architect/Engineer in writing of any devia-
tions at the time he furnishes such drawings.
' 5. Materials, Services, and Facilities
(a) It is understood that except as otherwise specifically stated in the Contract Documents,
'
the Contractor shall provide and pay for all materials, labor, tools, equipment, water,
light, power, transportation, superintendence, temporary construction of every nature,
and all other services and facilities.of every nature whatsoever necessary to execute,
complete, and deliver the work within the specified time.
I. (b) Any work necessary to be performed after regular working hours, on Sundays or Legal
Holidays, shall be performed without additional expense to the Owner.
' 6. Contractor's Title to Materials
No materials or supplies for the work shall be purchased by the Contractor or by any Sub-
' contractor subject to any chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the seller. The Contractor warrants that
he has good title to all materials and supplies used by him in the work, free from all
liens, claims or encumbrances.
HUD-423BS 19-701
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7. Inspection and Testing of Materials
(a) All materials and equipment used in the construction of the project shall be subject to
adequate inspection and testing in accordance with accepted standards. The laboratory
or inspection agency shall be selected by the Owner. The Owner will pay for all labo-
ratory inspection service direct, and not as a part of the contract.
(b) Materials of construction, particularly those upon which the strength and durability
of the structure may depend, shall be subject to inspection and testing to establish con-
formance with specifications and suitability for uses intended.
8. "Or Equal" Clause
Whenever a material, article or piece of equipment is identified on the plans or in the
specifications by reference to manufacturers' or vendors' names, trade names, catalogue
numbers, etc., it is intended merely to establish a standard; and, any material, article, or
equipment of other manufacturers and vendors which will perform adequately the duties
imposed by the general design will be considered equally acceptable provided the material,
article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal
substance and function. It shall not be purchased or installed by the contractor without the
Architect/Engineer's written approval.
9. Patents
(a) The Contractor shall hold and save the Owner and its officers, agents, servants, and
employees harmless from liability of any nature or kind, including cost and expenses
for, or on account of, any patented orunpatented invention, process, article, or appliance
manufactured or used in the performance of the contract, including its use by the
Owner, unless otherwise- specifically stipulated in the Contract Documents.
(b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which
is authorized by the Owner of the project must be reasonable, and paid to the holder of
the patent, or his authorized licensee, direct by the Owner and not by or through. the
Contractor.
(c) If the Contractor uses any design, device or- materials covered by letters, patent or
copyright, -he shall provide for such use by suitable agreement with the Owner of such
patented or copyrighted design, device or material. It is mutually agreed and under-
stood, that, without exception, the contract prices shall include all royalties or costs
arising from the use of such design, device or materials, in any way involved in the
work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner
of the .project from any and all claims for infringement by reason of the use of such
patented or copyrighted design, device or materials or any trademark or copyright in
connection with work agreed to be performed under this contract, and shall indemnify
the Owner for any cost, expense or damage which it may be obliged to pay by reason
of such infringement at any time during the prosecution of the work or after completion
of the work.
10. Surveys, Permits, and Regulations
Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the
Contractor all surveys necessary for the execution of the work. .
The Contractor shall procure and pay all permits, licenses and approvals necessary for
the execution of his contract.
' The Contractor shall comply with all laws, ordinances, rules, orders, and regulations re-
lating to performance of the work, the protection of adjacent property, and the maintenance
of passageways, guard fences or other protective facilities.
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11. Contractor's Obligations
The Contractor shall and will, in good workmanlike manner, do and perform all work and
furnish all supplies and materials, machinery, equipment, facilities and means, except as
HUD -42385 (R) - 8-3
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herein othe rwise 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. He shall furnish, erect, maintain, and remove such construction
plant and such temporary works as may be required.
The Contractor shall observe, comply with, andbe subject to all terms, conditions, require-
ments, and limitat�ons of the contract and specifications, and shall do, carry on, and com-
plete the entire work to the satisfaction of the Architect/Engineer and the Owner.
iz. Weather Conditions
- In the event of temporary suspensionof work, or during inclement weather, or whenever the
Architect/ Engineer shall direct, the Contractor will, and will cause his subcontractors to
protect carefully his and their work and materials against damage or injury from the
weather. If, in the opinion of the Architect/Engineer, any work or materials shall have
been damaged or injured by reason of failure on the part of the Contractor or any of his
Subcontractors so to protect his work, such materials shall be removed and replaced at
• the expense of the Contractor.
13. Protection of Work and Property --Emergency the wner's property m ury or loss in
r.ennection with ctorsthall aos ntract. He shall atall times safely ualldtimesOs safely guard and prootecty his own work.
and that of adjacent property from damage. The Contractor shall replace or make good any
s •.ich damage, loss or injury unless such be caused directly by errors contained in the con-
tract or by the Owner, or his duly authorized representatives.
In case of an emergency which threatens loss or injury of property. and/or safety of life,
the Contractor will be allowed to act, without previous instructions from the Architect/
Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately there-
::fter. Any claim for compensation by the Contractor due to such extra work shall be
promptly submitted to the Arc•hite ct/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.
'rhe amount of reimbursement claimed by the Contractor on account of any emergency
action shall be determined in the manner provided in Paragraph 17 of the General Condi-
Li ons .
14. Inspection
The authori.:ed re i,resentatives and agents of the Department of
Housing
recordsUrban
of 1w sonnel.
ment shall be permitted to inspect all work, materials, pav
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 Owns: r may requa st
concernilig work perforrneti or to be performed under this contract.
I t'. Superintendence by Contractor
At the site of the work the Contractor shall employ a construction superintendent or fore-
man who shall have full authority to act for the Contractor. It is understood that such
representative shall be acceptable to the Architect/Encinecr and shall he one who can be
continued in that capacity for the particular job involved unless he aes to be on thy.
Contractor's payroll.
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in Work with -
17, Changes
the approved Contract o ocieditssfor the work covered
No changes in the work coveredapproval the Owner. Charg re a scfor the
k the fol-
lowing having prior written app
by the approved change shall be determined by one or more,
lowing methods:
(a) Unit bid prices previously approved.
(b) An agreed lump sum.
(c) The actual cost of: B11'e'time of
1. Labor, including forework:
et
3. mm
. Materialsentering panently into the ui ment during
en
The ownership or rental cost of construction plant an equ
ipment
use on the extra work: lies for the operation of power equip
ment;
4, power and consumable supplies
ent contributions.
5, Insurance: upon but not to
6. Social Security and old age and uneed a t to exceed to
To the cost under (c) there shall be added a fixed fee work. be agreed general expenses.
15%) of the actual cost of the bond, profit andhany otherlbe comp
fifteen the ercent ( ervision, overhead,
cover cost of sup
18.
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Extras order extra work or make changes by
the contract, the Owner may being adjusted accordingly,
Without invalidating the work,the contract re sneces or. desirable. All the
altering, adding to or deducting from first obtained ro osal, and no
e
and the 'consent of the upon r shall ebegP work is ordered in
aid for at the price stipulated in the p and the
work of the kind bid ate rials shall be allowed unless the the Owner,
extra work or m sneer, acting officially for
claims for the any
writing byOwner or its Architect Eng
price is stated in such order.
letion and Liquidated Damages Owner.
Time for Comp by and between the Contractor ' and the O
agreed. completion as specified in the contract of the
and the time for and it is further
It is hereby understood and mutual y g
that the date of beginning
reed that the workembraced in this contract shall be commenced
work to be done hereunder are ESSENTIAL CONDITIONS of this contract:
mutual date to erstocd and agreed Y deli ently:'8nd un-
interruptedly a to be specified in the "Notice to Proce ed•�regularl g � "thin the
that said work shall be prosecuted letion thereof
at such rate of progress as will insure full comp
The Contractor agrees b and between the Contractor an
d
interruptedly understood and agreed, by time specified. It is expressly
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
fete the work within the time
and usual industrial conditions prevailing in this locale Y• then the Contractor
ranted by the Owner, to the
If the said Contractor proopeneglect. tensionthereo grant dbY t of this contract, to pay es he
herein specified, or any proper but as liquidated dam g
does hereby agree,
as a part consideration for penaltythat the
for each and every calendar day ling th
Owner the amount specified in the contract, not as a
the time stipulated in the contract for comp
such breach of contract as hereinafter set forth,
Contractor shall be in default after
work, The said amount is fixed and agreed
b
reed upon and between the Contractor and the Owne
because of the impractiY
cability and extreme difficulty of fixing and ascertaining the actut
damages the Owner would in such sustain, and saidamount is agreed to be the amoul
of damages which the Owner would sustain and said amount shall be retained from tim
to time by the Owner from current periodical estimates.
It is further agreed and every portion of this contra
wherein a definite and certain the contract an additional time
that time is of the essence of each
for t
and of the specifications
whatsoever: and where under
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' allowed for the completion of any work, the new time limit fixed by such extension shall
be of the essence of this contract. Provided, that the Contractor shall not be charged
with liquidated damages or any excess cost whenthe Owner determines that the Contractor
is without fault and the Contractor's reasons for the time extension are acceptable to
t the Owner: Provided, further, that the Contractor shall not be charged with liquidated
damages or any excess cost when the delay in completion of the work is due:
(a) To any preference, priority or allocation order duly issued by the Government;
(b) To unforeseeable cause beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God, or of the public enemy, acts
of the Owner, acts of another Contractor in the performance of a contract with the
Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes,
' and severe weather: and
(c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified
in subsections (a) and (b) of this article:
Provided, further, that the Contractor shall, within ten (10) days from the beginning of
' such delay, unless the Owner shall grant a further period of time prior to the date of final
settlement of the contract, notify the Owner, in writing, of the causes of the delay, who
shall ascertain the facts and extent of the delay and notify the Contractor within a reason-
able time of its decision in the matter.
20. Correction of Work
• A" vork, all materials, whether incorporated in the work or not, all processes of manu-
' facture, and all methods of construction shall be at all times and places subject to the
inspection of the Architect/ Engineer who shall be the final judge of the quality and suit-
ability of the .work, materials, processes of manufacture, and methods of construction
for the purposes for which they are used. Should they fail to meet his approval they shall
be forthwith reconstructed, made good, replaced and/or corrected, as the case may be,
by the Contractor at his own expense. Rejected material shall immediately be removed
from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace
any defective or damaged materials or to reconstruct or correct any portion of the work
' injured or not performed in accordance with the Contract Documents, the compensation to
be paid to the Contractor hereunder shall be reduced by such amount as in the judgment
of the Architect/Engineer shall be equitable.
21. Subsurface Conditions Found Different
Should the Contractor encounter sub -surface and/or latent conditions at the site materially
' differing from those shown on the Plans or indicated in the Specifications, he shall imme-
• diately give notice to the Architect/Engineer of such conditions before they are disturbed.
The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds
that they materially differ from those shownonthe Plans or indicated in the Specifications,
'he will at once make such changes in the Plans and/or Specifications as he may find nec-
essary, any increase or decrease of cost resulting from such changes to be adjusted in
the manner provided in.Paragraph 17 of the General Conditions.
' 22. Claims for Extra Cost
No claim for extra work or cost shall be allowed unless the same was done in pursuance
of a written order of the Architect/Engineer approved by the Owner, as aforesaid, and
' the claim presented with the first estimate after the changed or extra work is done. When
work is performed under the terms of subparagraph 17(c) of the General Conditions, the
Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of
cost and when requested by the Owner, give the Owner access to accounts relating thereto.
23. Right of the Owner to Terminate Contract
In the event that any of the provisions of this contract are violated by the Contractor, or by
' any of his subcontractors, the Owner may serve written notice upon the Contractor and
the Surety of its intention to terminate the contract, such notices to contain the reasons for
' MUD -4238S (9-70)
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such intention to terminate the contract, and unless within ten (10) days after the serving
' of such notice upon the Contractor, such violation or delay shall cease and satisfactory
arrangement of correction be made, the contract shall, upon the expiration of said ten (10)
days, cease and terminate. In the event of any such termination, the Owner shall imme-
diately serve notice thereof upon the Surety and the Contractor and the Surety shall have
the right to take over and perform the contract; Provided, however, that if the Surety does
not commence performance thereof within ten (101 days from the date of the mailing to
such Surety of notice of termination, the Owner may take over the work and prosecute the
same to completion by contract or by force account for the account and at the expense of
' the Contractor and the Contractor and his Surety shall be liable to the Owner for any ex-
cess cost occasioned the Owner thereby, and in such event the Owner may take possession
of and utilize in completing the work, such materials, appliances, and plant as may be on
the site of the work and necessary therefor.
24. Construction Schedule and Periodic Estimates
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Immediately after execution and delivery of the contract, and before the first partial pay-
ment is made, the Contractor shall deliver to the Owner an estimated construction progress
schedule in form satisfactory to the Owner, showing the proposed dates of commencement
and completion of each of the various subdivisions of work required under the Contract
Documents and the anticipated amount of each monthly payment that will become due the
Contractor in accordance with the progress schedule. The Contractor shall also furnish on
forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of
the contract price and (b) periodic itemized estimates of work done for the purpose of
:-raking partial payments thereon. The costs employed in making up any of these schedules
will be used only for determining the basis of partial payments and will.not be considered
as fixing a basis for additions to or deductions from the contract price.
25. Payments to Contractor
(a) Not later than the 15th day of each calendar month the Owner shall make a progress
payment to the Contractor on the basis of a duly certified and approved estimate of
the work performed during the preceding calendar month under this contract, but to
insure the proper performance of this contract, the Owner shall retain ten percent (105'0)
of the amount of each estimate until final completion and acceptance of all work
covered by this contract: Provided, that the Contractor shall submit his estimate
not later than the first day of the month: Provided, further, that the Owner at any time
after fifty percent (50%) of the work has been completed, if it finds that satisfactory
progress is being made, may make any of the remaining progress payments in full;
Provided, further, that on completion and acceptance of each separate building, public
work, or other division of the contract, on which the price is stated separately in the
contract, payment may be made in full, including retained percentages thereon, less
authorized deductions.
(b) In preparing estimates the material delivered on the site and preparatory work done
may be taken into consideration.
(c) All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, but this provision shall not be construed as relieving the
Contractor from the sole responsibility for the care and protection of materials and
work upon which payments have been made or the restoration of any damaged work, or
as a waiver of the right of the Owner to require the fulfillment of all of the terms of
the contract.
(d) Owner's Right to Withhold Certain Amounts and Make Application Thereof: The Con-
tractor agrees that he will indemnify and save the Owner harmless from all claims
growing out of the lawful demands of subcontractors, laborers, workmen, mechanics,
materialmen, and furnishers of machinery and parts thereof, equipment, power tools,
and all supplies, including commissary, incurred in the furtherance of the performance
of this contract. The Contractor shall, at the Owner's request, furnish satisfactory
evidence that all obligations of the nature hereinabove designated have been paid, dis-
charged, or waived. If the Contractor fails so to do, then the Owner may, after having
served written notice on the said Contractor, either pay unpaid bills, of which the Owner
has written notice, direct, or withhold from the Contractor's unpaid compensation a
sum of money deemed reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished that. all liabilities have been fully discharged where-
upon payment to the Contractor shall be resumed, in accordance with the terms of this
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MUD-•7Jas(R)
8-7
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contract, but in
no event shall the
provisions
of this sentence be construed to impose
any obligations
upon the Owner to
either the
Contractor 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
contract
by the Owner to the Contractor
and the
Owner
shall
not be liable to the
'the
Contractor for
any such payments made in good
faith.
' 26. Acceptance of Final Payment Constitutes Release
The acceptance by the Contractor of final payment shall be and shall operate as a release
to the Owner of all claims and all Liability to the Contractor for all things done or furnished
' in connection with this work and for every act and neglect of the Owner and others relating
to or arising out of this work. No payment, however, final or otherwise, shall operate to
• release the Contractor or his sureties from any obligations under this contract or the
Performance and Payment Bond.
' 27. Payments by Contractor
The Contractor shall pay (a) for all transportation and utility services not later than the
' 20th day of the calendar month following that in which services are rendered, (b) for all
materials, tools, and other expendable equipment to the extent of ninety percent (90'r,) of
the cost thereof, not later than the 20th day of the calendar month following that in wy:.:ch
such materials, tools, and equipment are delivered at the site of the project, and the balance
' of the cost thereof, not later than the 30th day following the completion of that part of the
work in or on which such materials, tools, and equipment are incorporated or used, and
(c) to each of his subcontractors, not later than the 5th day following each payment to the
Contractor, the respective amounts allowed the Contractor on accoor,t of the work per-
' formed by his subcontractors to the extent of each subcontractor's interest therein.
28. Insurance - Also see pages 8-30 and 8-39.
' The Contractor shall not commence work under this contract until he has obtained all the
insurance required under this paragraph and such insurance has been approved by th^
Owner, nor shall the, Contractor allow any subcontractor to commence work on his sub-
' contract until the insurance required of the subcontractor has beer, 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 pro-
' ject under this contract and, in case of any such work sublet, the Contractor shall re-
quire the subcontractor similarly to provide Workmen's Compensation Insurance for
all of the latter's employees to be engaged in such work unless such employees are
covered by the protection afforded bythe Contractor's Workmen's Compensation Insur-
ance. In case any class of employees engaged in hazardous work on the project under
this contract is not' protected under the Workmen's Compensation Statute, the Contractor
shall provide and shall cause each subcontractor to provide adequate employer's liability
insurance for the protection of such of his employees as are not otherwise protected.
' (b) Contractor's Public Liability and Property Damage Insurance and Vehicle i.abilih:
Insurance: The Contractor shall procure and shall maintain during the life of this con-
tract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance
and Vehicle Liability Insurance in the amounts specified in the Supplemental General
' Conditions. --- Property_
..._ hi
(c) Subcontractor's Public Liability and Pr_ope rty Damage Insurance and Vehicle Liability
Insurance: The Contractor shall either (I) require each of subcontractors to pro-
cure and to maintain during the life of his subcontract, Subr.m:tractn 's Public Liability
' and Property Damage Insurance and Vehicle Liability Insurance of th'� typc .,;-A :n
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.
(d) Scone of Insurance and Special Hazards: The insurance requi red nnda r subpara_raphs
I. (b) and (c) hereof shall provide adequate protection for the Contractor and his suhcnn-
tractors, respectively, against damage claims which ma'. arise from on^ratio:::; ucdr.-
' HOD -3]78519-90)
8-8
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this contract, whether such operations be by the insured or by anyone directly or in-
directly employed by him and, also against any of the special hazards which may be
encountered in the performance of this contract as enumerated in the Supplemental
General Conditions.
(e) Builder's Risk Insurance (Fire and Extended coverage): Until the project is completed
and accepted by the Owre r, the Owner, or Contractor (at the Owner's option as indicated
in the Supplemental General Conditions, Form HUD -4238-N) is required to maintain
Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value
basis on the insurable portion of the project for the benefit of the Owner, the Contractor,
subcontractors as their interests may appear. The Contractor shall not include any
costs for Builder's Risk Insurance (fire and extended coverage) premiums during con-
struction unless the Contractor is required to provide such insurance: however, this
provision shall not release the Contractor from his obligation to complete, according
to plans and specifications, the project covered by the contract, and the Contractor and
his Surety shall be obligated to full performance of the Contractor's undertaking.
(f) proof of Carriage of Insurance: The Contractor shall furnishthe.Owner with certificates
shooing the type, amount, class of operations covered, effective dates and date of ex-
piration of policies. Such certificates shall also contain substantially the following state-
ment: "The insurance covered by this certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the Owner."
29. Contract Security
The Contractor shall furnish a performance bond in an amount at least equal to one hundred
percent (100%) of the contract prices as security for the faithful performance of this con-
tract and also a payment bond in an amount not less than one hundred percent (100';1 of the
contract price or in a penal sum not less than that prescribed by State, territorial or local
law, as security for the payment of all persons performing labor on the project under this
contract and furnishing materials in connection with this contract. The performance bond
and the payment bond may be in one or in separate instruments in accordance with local law.
According to Arkansas law, sureties must be licensed by the State
atedInsurance
ancesas
Department, and bonds must be issued, or countersigned, by a
ragent.
30. Additional or Substitute Bond
If at any time the Owner for justifiable cause shall be or become dissatisfied with any
suretyv sureties,
s t after noticeef front the Owneor Payment
to dots substitute aContshall
Perforft≥flcen acceptable bond
within five (5) Yas
(or bonds) in such form and sum and signed by such other surety or sureties ra may be
satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No
further payments shall be deemed due nor shall be made until the new surety or sureties
shall have furnished such an acceptable bond to the Owner.
,
31. Assignments
The Contractor shall not assign the whole or any part of this contract or any moneys due
or to become due hereunder without written consent of the Owner. In case the Contractor
assigns all or any part of any moneys due or to become due under this contract, the in-
strument of assignment shall contain a clause substantially to the effect that it is agreed
that the right of the assignee in and to any moneys due or to become due to the Contractor
shall be subject to prior claims of all persons, firms and corporations of services rendered
or materials supplied for the performance of the work, called for in this contract.
32. Mutual Responsibility of Contractors
If, through acts of neglect on the part of the Contractor, any other Contractor or any sub-
contractor shall suffer loss or damage on the work, the Contractor agrees to settle with
such other Contractor or subcontractor by agreement or arbitration if such other Con-
tractor or subcontractors will so settle. If such other Contractor
alleged cOntrtr haveabeen suyll
assert any claim against the Owner on account of any damage t
tained, the Owner shall notify the Contractor, who shall indemnify and save harmless the
Owner against any such claim.
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HUD-473as (ft)
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' 33.Separate Contract
The Contractor shall coordinate his operations withthose of other Contractors. Coope rat: on
will be required in the arrangement for the storage of materials and in the detailed execu-
t tion of the work. The Contractor, including his subcontractors, shall keep informed of the
progress and the detail work of other Contractors and shall notify the Architect/Engineer
immediately of lack of progress or defective workmanship on the part of other Contractors.
Failure of a contractor to keep informed of the work progressing on the site and failure
'• to give notice of lack of progress or defective workmanship by others shall be construed
as acceptance by him of the status of the work as being satisfactory for proper coordination
with his own work.
' 34. Subcontracting
(a) The Contractor may utilize the services of specialty subcontractors on those parts of
the work which, under normal contracting practices, are performed by specialty sub-
' contractors.
(b) The Contractor shall not award any work to any subcontractor without prior written
approval of the Owner, which approval will not be given until the Contractor submits
to the Owner a written statement concerning the proposed award to the subcontractor,
which statement shall contain such information as the Owner may require.
(c) The Contractor shall be as fully responsible to the Owner for the acts and omissions
of his subcontractors, and of persons either directly or indirectly employed by them,
as lie is for the acts and omissions of persons directly employed by him.
(d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts
' relative to the work to bind subcontractors to the Contractor by the terms of the General
Conditions and other contract documents insofar as applicable to the work of subcon-
tractors and to give the Contractor the same power as regards terminating any sub-
'• contract that the Owner may exercise over the Contractor under any provision of the
contract documents,
(e) Nothing contained in this contract shall create any contractual relation between any
subcontractor and the Owner. .
' 35. Architect/Engineer's Authority
The Architect/Engineer shall give all orders and directions contemplated under this con-
' tract and specifications, relative to the executionof the work. The Architect/Engineer shall
determine the amount, quality, acceptability, and fitness of the several kinds of work and
materials which are to be paid for under this contract and shall decide all questions which
may arise in relation to said work and the construction thereof. The Architect/Engineer's
estimates and decisions shall be final and conclusive, except as herein otherwise expressly
provided. In case any question shall arise between the parties hereto relative to said con-
tract or specifications, the determination or decision of the Architect/Engineer shall be a
condition precedent to the right of the Contractor to receive any money or payment for
' work under this contract affected in any manner or to any extent by such question.
The Architect/Engineer shall decide the meaning and intent of any portion of the specifica-
tions and of any plans or drawings where the same may be found obscure or be in dispute.
' Any differences or conflicts in regard to their work which may arise between the Contrac-
tor under this contract and other Contractors performing work for the Owner shall be
adjusted and determined by the Architect/Engineer.
' 36. Stated Allowances
The Contractor shall include in his proposal the cash allowances stated in the Supplemental
General Conditions. The Contractor shall purchase the "Allowed Materials" as directed by
' the Owner on the basis of the lowest and best bid of at least three competitive bids. If the
actual price for purchasing the "Allowed Materials" is ,nore or less than the "Cash Allow-
ance," the contract price shall be adjusted accordingly. The adjustment in contract price
shall be made on the basis of the purchase price without additional charges for overhead.
I
profit, insurance or any other incidental expenses. The cost of installation of the "Allowed
Materials" shall be included in the applicable sections of the Contract Specifications cover-
ing this work,
' MUD -.233519-70)
8-10
1
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 to property:
(b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the
• site of the work as will not unduly interfere with the progress of his work or the work
of any other contractors:
(c) to place upon the work or any part thereof only such loads as are consistent with the
safety of that portion of the work;
'• (d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his
operations, to the end that at all times the site of the work shall present a neat, orderly
and workmanlike appearance;
(e) before final payment to remove all surplus material, false -work, temporary structures,
' including foundations thereof, plant of any description and debris of every nature re-
sulting from his operations, and to put the site in a neat, orderly condition;
(f) to effect all cutting, fitting or patching of his work required to make the same to con-
- form to the plans and specifications and, except with the consent of the Architect/
Engineer, not to cut or otherwise alter the work of any other Contractor.
38. Quantities of Estimate
' Wherever the estimated quantities of work to be done and materials to be furnished under
this contract are shown in any of the documents including the proposal, they are giver. for
use in comparing bids and the right is especially reserved except as herein otherwise
specifically limited, to increase or diminish them as may be deemed reasonably necessary
' or desirable by the Owner to complete the work contemplated by this contract, and such
increase or diminution shall in no way vitiate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
39. Lands and Rights -of -Way
Prior to the start of construction, the Owner shall obtain all lands and rights -of -way
necessary for the carrying out and completion of work to be performed under this
contract.
40. General Guaranty
• Neither the final certificate of payment nor any provision in the Contract Documents, nor
partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of
work not done in accordance with the Contract Documents or relieve the Contractor of
t liability in respect to any express warranties or responsibility for faulty materials or
workmanship. The Contractor shall remedy any defects in the work and pay for any damage
to other work resulting therefrom, which shall appear within a period of one year from the
date of final acceptance of the work unless a longer period is specified. The Owner will
' give notice of observed defects with reasonable promptness.
41. Conflicting Conditions
' Any provisions in any of the Contract Documents which may be in conflict or inconsistent
with any of the paragraphs in these General Conditions shall be void to the extent of such
conflict or inconsistency.
' 42. Notice and Service Thereof
Any notice to any Contractor from the Owner relative to any part of this contract shall be
' in writing and considered delivered and the service thereof completed, when said notice is
posted, by certified or registered mail, to the said Contractor at his last given address, or
delivered in person to the said Contractor or his authorized representative on
the work. -
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43. Provisions Required by Law Deemed Inserted
Each and every prov'sion of law and clause required by law to be inserted in this contract
shall be deemed to be inserted herein and the contract shall be read and enforced as though
it were included herein, and if through mistake or otherwise any such provision is rot
inserted, or is not correctly inserted, then uponthe application of either party the contract
shall forthwith be physically amended to make such insertion 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 Construction,
as outlined in the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971.
Title 29 - LABOR, shall be observed and the Contractor shall take or cause to
be taken, such additional safety and health measures as the Contracting
Authority may determine to be reasonably necessary."
45. Subcontracts
• "The Contractor will insert in any subcontracts the Federal Labor Standards
Provisions contained herein and such other clauses as the Department of Housing
and Urban Development may, by instructions require, and also a clause requiring
' the subcontractors to include these clauses in any lower tier subcontracts
which they may enter into, together with a clause requiring this insertion
in any further subcontracts that may in turn be made."
46. Equal Employment Opportunity
During the performance of this contract the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant
'
for employment because of race, religion, sex, color or national origin.
The Contractor will take affirmative action to ensure that applicants
are employed, and that employes are treated during employment, t:ithout
regard to their race, religion, sex, color, or national origin. Such
'
action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfers 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 inconspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions
'
of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, religion, sex, color, or national origin'.
(3) The Contractor will send to each labor union 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 appli-
'
cants for employment.
(4) The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
8-12 of Labor.
MUD -42885 (9-70)
I
(5) The Contractor will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
' and accounts by the Department of Housing and Urban Development and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
' this contract or with any of such rules, regulations, or orders, this contract may be
cancelled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or Federally -assisted construction
' contracts, in accordance with procedures authorized in Executive Order No. 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Contractor will include the provisions of paragraphs (1) through (7) in every sub-
contract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sep-
tember 24, 1965, so that such provisions will be binding upon each subcontractor or
' vendor. The Contractor will take such action with respect to any subcontract or pur-
chase order as the Department of Housing and Urban Development may direct as a
means of enforcing such provisions, including sanctions for noncompliance: Provided,
however, that in the event the Contractor becomes involved in, or is threatened with,
' litigation with a subcontractor or vendor as a result of such direction by the Department
of Housing and Urban Development, the Contractor may request the United States to
enter into such litigation to protect the interests of the United States.
47. Interest of Member of or Delegate to Congress
No member of or Delegate to Congress, or Resident Commissioner, shall be admitted to
any share or part of this contract or to any benefit that may arise therefrom, but this
' provision shall not be construed to extend to this contract if made with a corporation for
its general benefit.
48. Other Prohibited Interests
No official of the Owner who is authorized in such capacity and on behalf of the Owner to
negotiate, make, accent or approve, or to take part in negotiating, making, accepting, or
approving any architectural, engineering, inspection, construction or material supply
' contract or any subcontract in connection with the construction of the protect, shall become
directly or indirectly interested personally inthis contractor in any part hereof. No officer,
employee, architect, attorney, engineer or inspector of or for the Owner who is authorized
in such capacity and on behalf of the Owner to exercise any legislative, executive, super-
, visory or other similar functions in connection with the construction of the project, shall
become directly or indirectly interested personally in this contract or in any part thereof,
any material supply contract, subcontract, insurance contract, or any other contract per-
taining to the project,
49. Use and Occupancy Prior to Acceptance by Owner
The Contractor agrees to the use and occupancy of a portion or unit of the project before
formal acceptance by the Owner, provided the Owner:
(a) Secures written consent of the Contractor except in the event, in the opinion of the
Architect/Engineer, the Contractor is chargeable with unwarranted delay in final
' cleanup of punch list items or other contract requirements.
(b) Secures endorsement from the insurance -carrier and consent of the surety permitting
occupancy of the building or use of the project during the remaining period of construc-
tion, or,
' (c) When the project consists of more than one building, and one of the buildings is occupied,
secures permanent fire and extended coverage insurance, including a permit to com-
plete construction. Consent of the surety must also be obtained.
1
HUD -42385 (R) 8-13
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(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The Contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, creed, color, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer: recruitment or recruitment advertising: layoff or terminatior.; rates of pay Cr
other forms of compensation: and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions of this nondiscrimi-
nation clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, creed, color, or national origin.
50. Photographs of the Project
If required by the Owner, the Contractor shall furnish photographs of the project, in the
quantities and as described in the Supplemental General Conditions.
' 51. Suspension of Work
Should the Owner be prevented or enjoined from proceeding with work either before or
after the start of construction by reasonof any litigation or other reason beyond the control
of the Owner, the Contractor shall not be entitled to make or assert claim for damage by
reason of said delay; but time for completion of the work will be extended to such reasonable
time as the Owner may determine will compensate for time lost by such delay with such
determination to be set forth in writing.
' . 52. Minimum Wages
All laborers and mechanics employed upon the work covered by this
' Contract shall be paid unconditionally and not lees often than once
each week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are made mandatory by law and such
other payroll deductions as are permitted by the applicable regula-
tions issued by the Secretary of Labor, United States Department of
labor, pursuant to the Anti -Kickback Act hereinafter identified), the
full amount due at time of payment computed at wage rates not less
' than those contained in the wage determination decision of said
Secretary of Labor (a copy of which is attached and herein incorporated
by reference), regardless of any contractual relationship which may be
alleged to exist between the Contractor or any subcontractor and such
' laborers and mechanics. All laborers and mechanics employed upon such
work shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory facilities approved by the
I. Local Public Agency or Public Body for the cashing of the same without
cost or expense to the employee. For the purpose of this clause,
contributions made or costs reasonably anticipated under Section 1 (b)
(2) of the Davis -Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the
' provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal
Regulations. Also for the purpose of this clause, regular contribu-
tions made or costs incurred for more than a weekly period under plans,
' funds, or programs, but covering the particular weekly period, are
deemed to be constructively made or incurred during such weekly
period.
' 53• MMERPA'D=S OF WAGES GR SALARIES
In case of underpayment of wages by the Contractor or by any
' subcontractor to laborers or mechanics employed by the Contractor or
subcontractor upon the work covered by this Contract, the Local Public
Agency or Public Body in addition to such other rights as may be afford-
' ed it under this Contract shall withhold from the Contractor, out of
any payments due the Contractor, so much thereof as the Local Public
8-14
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Agency or Public Body may consider necessary to pay such laborers or
mechanics the full amount of wages required by this Contract. The
amount so withheld may be disbursed by the Local Public Agency or
Public Body, for and on account of the Contractor or the subcontractor
(as may be appropriate), to the respective laborers or mechanics to
whom the•same is due or on their behalf to plans, funds, or programs
for any type of fringe benefit prescribed in the applicable wage
determination.
54• ANTICIPATED COSTS OF FBINGE HIMFITS
If the Contractor does not make payments to a trustee or other
third person, he may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing
fringe benefits under a plan or program of a type expressly listed in
the wage determination decision of the Secretary of Labor which is a
part of this Contract: Provided, however, The Secretary of Labor has
found, upon the written request of the Contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor
' may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program. A copy of
any findings made by the Secretary of Labor in respect to fringe benefits
being provided by the Contractor must be submitted to the Local Public
Agency or Public Body with the first payroll filed by the Contractor
subsequent to receipt of the findings.
' ED 55. OVERTfl COMPENSATION REQUIRBY CONTRACT WORK HOURS AND SAFZTY
STANDARDS ACT (76 Stat. 357-360: Title 40 U.S.C., Sections 327-
332)
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the Contract work which may require or
involve the employment of laborers or mechanics, including watchmen
' and guards, shall require or permit any laborer or mechanic in any
workweek in which he is employed on such work to work in excess of 8
hours in any calendar day or in excess of 40 hours in such work week
' unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times his basic rate of pay for all hours
worked in excess of 8 hours in any calendar day or in excess of 40 hours
in such work week, as the case may be.
IN
(b) Violation: liability for unpaid waxes liquidated damages.
In the event of any violation of the clause set forth in paragraph a),
U. 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
' rpm h278-S(R)
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in excess of 8 hours or in excess of the standard workweek of 40 hours
without payment of the overtime wages required by the clause set forth
in paragraph (a).
' (e) Withholding for licuidated damasmes. The Local Public Agency
or Public Body shall withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contractor or subcontractor,
such sums as may administratively be determined to be necessary to
satisfy any liabilities of such Contractor or subcontractor for liqui-
dated damages as provided inthe clause set forth in paragraph (b).
' (d) Subcontracts. The Contractor shall insert in any subcontracts
the clauses set forth in paragraphs (a), (b), and (c) of this Section
' and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts which they may enter into, together with
a clause requiring this insertion in any further subcontracts that may
in turn be made.
' 56.LO7T OF APPRENTICES�TRAINEES
4, Apprentices will be permitted to work at less than the prede-
termined rate for the work they performed when they are em-
ployed and individually registered in a bona fide apprentice-
ship program registered with the U. S. Department of Labor,
' Manpower Administration, Bureau of Apprenticeship and Training,
or with a State Apprenticeship Agency recognized by the Bureau,
or if a person is employed in his first 90 days of probationary
' employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has
been certified by the Bureau of Apprenticeship and Training or
a State Apprenticeship Agency (where appropriate) to be
' eligible for probationary employment as an apprentice. The
allowaile ratio of apprentices to journeymen in any craft classi-
fication shall not be greater than the ratio permitted to the
,': contractor as to his entire work force under the registered
• program. Any employee listed on a payroll at an apprentice
wage rate, who is not a trainee as defined in subdivision (b)
of this subparagraph or is not registered or otherwise employed
' as stated above, shall be paid the wage rate determined by the
Secretary of Labor for the classification of work he actually
performed. The contractor or subcontractor will be required to
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furnish to the contracting officer or a representative of the
Wage -Hour Division of the if. S. Department of Labor written
evidence of the registration of his program and apprentices as
well as the appropriate ratios and wage rates (expressed in
percentages of the journeyman hourly rates), for the area of
construction prior to using any apprentices on the contract
work. The wage rate paid apprentices shall be not less than
the appropriate percentage of the journeyman's rate contained
in the applicable wage determination.
b. Trainees. Except as provided in 29 CFR 5.15 trainees will not
be permitted to work at less than the predetermined. rate for
the work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification, by the U. S.
Department of Labor, Manpower Administration, Bureau of Appren-
tice and Training. The ratio of trainees to journeymen shall
not be greater than permitted under the plan approved by the
Bureau of Apprenticeship and Training. Every trainee must be
paid at not less than the rate specified in the approved pro-
gram for his level of progress. Any employee listed on the
payroll at a trainee rate who is not registered and partici-
pating in a training plan approved by the Bureau of Apprentice-
• ship and Training shall be paid not less than the wage rate
• determined by the Secretary of Labor for the classification of
work he actually performed. The contractor or subcontractor
will be required to furnish the contracting officer or a repre-
sentative of the Wage -Hour Division of the U. S. Department of
Labor written evidence of the certification of his program,
the registration of the trainees, and the ratios and wage
rates prescribed in that program. In the event the Bureau
of Apprenticeship and Training withdraws approval of a train-
ing program, the contractor will no longer be permitted to
utilize trainees at lees than the applicable predetermined
rate for the work performed until an acceptable program is
approved.
c. Equal Employment Opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 11216, as amended, and 29 CFR Part 30.
HUD tad+., D. c.
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t 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 ed be theerrecomendattion
' of the Local Public Agency or Public Body,
the Secretary of Housing and Urban Development, to the Secretary of
Labor for determination.
57, npLOYMENT 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 SOS TA...LED "ANTI -KICKBACK ACT"
• The Contractor shall comply with the applicable regulations (a
coot' of which is attached and herein incorporated by reference) of the
Secretary of Labor, United States Department of Labor, made pursuant to
the so-called "Anti -Kickback Act" of June 13, 1934 (I8 Stat. 9L8: 62
Stat. 862; Title U.S.C., Section 874: and Title 40 U.S.C., Section 276c),
and any amendments or modifications thereof, shall cause appropriate
provisions to be inserted in subcontracts to insure compliance therewith
by all subcontractors subject thereto, and shall be responsible for the
submission of affidavits required by subcontractors thereunder, except
as said Secretary of Labor may specifically provide for reasonable
limitations, variations, tolerances, and exemptions from the require-
ments thereof.
59. EMPLOY!'IENT OF LABORERS OR hH:CHANICS NOT LISTED IN AFORESAID WAGE
DETERNIINATION DECISION
Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Contract will be
classified or reclassified conformably to the wage determination by the
Local Public Agency or Public Body, and a report of the act?cn taken
shall be submitted by the Local Public Agency or Public Body, thro
the Secretary of Housing and Urban Development, to the Secretary of
Labor, United States Department of Labor. In the event the interested
parties cannot agree on the proper classification or reclassification
of a particular class of laborers and mechanics to be used, the question
accompanied by the recommendation of the Local Public Agency or Public
Body shall be referred, through the Secretary of Housing and Urban
Development, to the Secretary of Labor for final determination.
60. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
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61. POSTDtG WAGE DETERNcaATION DECISIONS AND AUTHORI D WAGE DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United States
Department of Labor, and the applicable wage determination decisions of
said Secretary of Labor with respect to the various classification o£
laborers and mechanics employed and to be employed upon the work covered
by this Contract, and a statement showing all deductions, if any, in
accordance with the provisions of this Contract, to be made from wages
actually earned by persons no employed or to be employed in such classi-
fications, shall be pouted at appropriate conspicuous points at the site
of the work.
62. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary, or other labor
standards provisions of this Contract are applicable shall be discharged
or in any other manner discriminated against by the Contractor or any
subcontractor because such employee has filed any complaint or instituted
or caused to be instituted any proceeding or has testified or is about to
testify in any proceeding under or relating to the labor standards appli-
cable under this Contract to his employer.
63. CLAIIIS.AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications
of laborers and mechanics employed upon the work covered by this Contract
shall be promptly reported by the Contractor in writing to the Local
Public Agency. or Public Body for referral by the latter through the
Secretary of Housing and Urban Development to the Secretary of Labor,
United States Department of Labor, whose decision shall be final with
respect thereto.
64. QUESTIONS CONCERNIltG CERTAIN FEDERAL STATUTES AND REGULATIONS
All questions arising under this Contract which relate to the
application or interpretation of (a) the aforesaid Anti -Kickback Act,
(b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid
Davis -Bacon Act, (d) the regulations issued by the Secretary of labor,
United States Department of Labor, pursuant to said Acts, or (c) the
labor standards provisions of any other pertinent Federal statute, shall
be referred, through the Local Public Agency or Public Body and the
Secretary of Housing and Urban Development, to the Secretary of Labor,
United States Department of Labor, for said Secretary's appropriate
ruling or interpretation which shall be authoritative and may be relied
upon for the purposes of this Contract.
65. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AIM SUBCONTRACTORS
The
Contractor and
each
subcontractor
shall
prepare his
payrolls
on forms
satisfactory to
and
in accordance
with
instructions
to be
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' furnished by the Local Public Agency or Public Body. The Contractor
shall submit weekly to the Local Public Agency or Public Body two
certified copies of all payrolls of the Contractor and of the subcon-
tractors, it being understood that the Contractor shall be responsible
' for the submission of copies of payrolls of all subcontractors. Each
such payroll shall contain the "Weekly Statement of Compliance" set
forth in Section 3.3 of Title 29, Code of Federal Regulations. The
' payrolls and basic payroll records of the Contractor and each subcon-
tractor covering all laborers and mechanics employed upon the work
covered by this Contract shall be maintained during the course of the
work and preserved for a period of 3 years thereafter. Such payrolls
and basic payroll records shall contain the name and address of each
such employee, his correct classification, rate of pay (including rates
of contributions or costs anticipated of the types described in Section
I. l(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked,
deductions made, and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29,
Code of Federal Regulations, that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section 1(b)(2)(B) of the
Davis —Bacon Act, the Contractor or subcontractor shall maintain records
which show that the commitment to provide such benefits is enforceable,
' that the plan or program is financially responsible, and that the plan
or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual
' cost incurred in providing such benefits. The Contractor and each -
subcontractor shall make his employment records with respect to persons
employed by him upon the work covered by this Contract available for
I. inspection by authorized representatives of the Secretary of Housing and
Urban Development, the Local Public Agency or Public Body, and the Dnited
States Department of Labor. Such representatives shall be permitted to
interview employees of the Contractor or of any subcontractor during
' working hours on the job.
66. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
' The transporting of materials and supplies to or from the site of
the Project or Program to which this Contract pertains by the e_ployees
of the Contractor or of any subcontractor, and the manufacturing or
' 'furnishing of materials, articles, supplies, or equipment on the site
of the Project or Program to which this Contract pertains by persons
employed by the Contractor or by any subcontractor, shall, for the
purposes of this Contract, and without limiting the generality of the
' foregoing provisions of this Contract, be deemed to be work to which
these Federal Labor Standards Provisions are applicable.
' 67. INELIGIBLE SUBCONTRACTORS
The Contractor shall not subcontract any part of the work covered
by this Contract or'permit subcontracted work to be further subcontracted
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without the Local Public Agency's or Public Body's prior written approval
of the subcontractor. The Local Public Agency or Public Body will not
approve any subcontractor for work covered by this Contract who is at
the time ineligible under the provisions of any applicable regulations
issued by the Secretary of Labor, United States Department of Labor or
the Secretary of Housing and Urban Development, to receive an award of
such subcontract.
68. PROVISIONS TO BE INCLUDED IN CERTAI21 SUBCONTRACTS
The Contractor shall include or cause to be included in each
subcontract covering any of the work covered by this Contract, provi-
sions which are consistent with these Federal Labor Standards Provisions
and also a clause requiring the subcontractors to include such provisions
in any lower tier subcontracts which they may enter into, together with
a clause requiring such insertion in any further subcontracts that may
in turn be made.
69• BBfCH OF FOREGOIUG FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as
herein elsewhere set forth, the Local Public Agency or Public Body
reserves the right to terminate this Contract if the Contractor or any
subcontractor whose subcontract covers any of the work covered by this
Contract shall breach any of these Federal Labor Standards Provisions.
A breach of these Federal Labor Standards Provisions may also be grounds
for debarment as provided by the applicable regulations issued by the
Secretary of Labor, United States Department of Labor.
70. Employment Practices
The Contractor (1) shall, to the greatest extent practicable, follow hiring and employmen
practices for work on the project which will provide new job opportunities for the unemploye(
and underemployed, and (2) shall insert or cause to be inserted the same provision in eacl
construction subcontract.
71. Contract Termination; Debarment
A breach of Section h5 and the Federal Labor Standards Provisions, may
be grounds for termination o£ the contract, and for debarment as provided
in 29 CFR 5.6.
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ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI -KICKBACK ACE" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR.
UNITED STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C.. section 874
(Replaces section I of the Act of June 13, 1934 (48 Stat. 948.40 U.S.C.,
sec. 27661 pursuant to the Act of June 25, 1948.62 Slat. 862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES.
Whoever, by force, intimidation, or threat of pmunng diuni al from employment, or by any other manner whatso.
ever induce. any person employed in the mmtmcoun. prosecutiun. completion or repair of any public building. public work.
or building or work financed in whole or in pan by loans or crants from the I sited `tales. to give up any part of the corn.
pensition to which he is entitled under his contract of employment. shall be fined not more than SSJK10 or tmpri.oned not
more than rive years. or both.
SECTION 2
OF
THE
ACT OF
JUNE 13,
1934.
AS AMENDED (48 Slot.
948,62 51st.
862,
63 Stat.
109, 72 Slat.
967,
40 US.C.,,ec. 276c)
The Secretary of Labor shall make reasonable regulatlum for contractors and subcontractor. emoted in the construction.
prosecution, completion use repair of public buildings. public works or buildings or works financed in whole or in pan by loans
or grants from the United States, including a proyi'ion 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 lode) shill
apply to such state me rata.
--XXX---
' Pursuant to the aforesaid .Anti -Kickback Act. the Secretary of labor. United States Department of Labor. has pmmul-
gatedthe regulations hereinafter rat forth, which rectdatetm are found in Title 29. Subtitle A. Code of Federal Rrgulatinrn,
Part 3. The term 'this part," as used in the regulations hereinafter set forth. refers to Pan 3 last above mentioned. said reg-
ulations are as follows:
TITLE 29 — LABOR
Subtitle A — Office of the Secretary of Labor
PART 3_CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN
WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
Section 3.1 Purpose and scope.
This put prescribes "anti'kickbark" regulations under section 2 of the Act of 1unc 13. 1931. as amended (40 U.S.C.
276c)popularly known as the Copeland Act. This pan applies to any contract which is subject to Frdenl wage standards
and which is (or the construction. prosecution. completion, or repair of public buildings- public works or buildings or works
financed in whole or in part by loans or grants from the United States. The part is intended to tad in the enforcement of the
U. minimum wage provisions of the Oath -Bacon Act and the various statutes dealing with Federally+muted construction that
contain similar minimum wage provisions, including those provisions which as not subject to Reorganitation Plan No. 14
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(e.g., the College Housing Act of 1950. the Federal Water Pollution Control Act, and the Housing Act of 1959). and in the
f ennorcement of the overtime provision of the Contract Work Hours Standards Act whenever they are applicable to construction
eor The part details the obligation of contractor and subcontractors relative to the weekly submission of statements retard-
ing the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll de-
ductions from the wages of those employed on such work: and delineates the methods of payment permissible on such work.
Section 3.2 Definitions.
As used in the regulations in thin part:
(a) The terms "building" or "work" generally include conaruction activity as distinguished from manufacturing.
furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, droctures, and
improvements of all types, such as bridges- dams. plants. highways, parkway a. streets. subways, tunnels. sewers, mains, power-
4ines, pumping stations, railways, airports, terminals, docks, porn, whatves. ways. lighthouses, buoy+, jetties, breakwaters.
levees, and canals; dredging. shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in
connection with and at the site of such a building or work as ii described in the foregoing sentence, the manufacture or furnish.
ingot materials, articles, supplies, or equipment (whether or not a Federal or State agency squires title to such materials.
articles, supplies, or equipment during the course of the manufacture or furnishing- or owns the materials from which they are
taunufaettued or furnished) is not a "building"or "wok" within the meaning of the regulations in this part.
(b) The terms "construction;" ••prosecution;'"completion," or "repair mean all types of work done on a particular
building or work at the site thereof. including, without limitation, altering. remodeling. painting and decorating, the traneport-
ingof materials and supplies to or from the building or work by the employees of the construction contractor or constmetion
subcontractor, and the manufacturing or furnishing of materials- articles. supplies, or equipment on the site of the building or
work, by persons employed at the site by the contractor or subcontractor.
(c) The teens "public building" or "public work" include building or wok for whom construction, prosecution, cor•
pletion. or "pair, as defined above, a Federal agency isa contracting party, regardless of whether title thereof is in a Federal
agency.
(d) The term "building or work financed in whole or in part by loans or grants from the United States" includes build.
ing or work for whom construction, prosecution, completion. or repair. as defined above, payment or pat payment is made
d'vect'y or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or wok
for which Federal assistance is limited solely to loan guarantees or insurance-
(e) Every person paid by a contractor or eabcontractor 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:'rcgardless of any contractual relationship alleged to exist between
him and the real employer-
, (f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or sub-
conlnttoG +partner or officer of the contractor or eubwntractort s corporation closely connected with the contractor or
subcontractor ss parent, subsidiary or otherwise, and an officer or agent of such corporation.
(g) The term "Fecidai agency" mean+ the United States, the District of Columbia. and all executive departments, in-
dependent establishments, sdministrativc agencies, and instrumentalities of the United States and of the District of Columbia.
including corporations, all or substantially all of the dock 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" Shen not apply to persons in classifica[bne higher than that of laborer
or mechanic and those who ere the immediate supervisors of such employees.
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' (b) Fad, contractor usubcontractor engaged in IIle construction. prosserutioof completion, or repair of airy pull is
building of public +cork. or building or work financed in wi nit or if, put In luau nr rake (ruin the Limed St.tr<, ,)alI
furni'h each week a ,tatemru with rcpeel to the wages paid each of it rngdm eec ear, cad on work covered be 29 CPII
Parts3 and 5 during the preceding weekly payroll perind. Phis stili,nrnt Gull he executed by the contractor or enLrso-
tractor or by an au thorned officer or em ployte of the con leas for or ct's hrnsrt factor who MI perchthe payee cat n( s,., s+ and
' shall be on form \\'il 310. ••Statement of Compliance'•. or on an sits lical forth in the hack of \CI 1317, 'In roil (for Coit.
tractors Optional Use)" or on any form with identical wording. Sanely rnpirs of WII 117 and A 11 JIB may be otItaiued from
the Govnnment contracting or slrunsoring agency, and copies oilh, s' forms nay be purclun•d at the Cu' crnmcul Printing
Office.
(e) Tile requirements of this aeetiou shall not apply to any cool rxt of S2.000 or lean.
• (d) Upon a written finding by the head of a Federal ageney. the 5rcrttary of Labor may provide rursuahle limitations.
volutions, tolerances, and exemptions from the reefairements of ti, section suhjccl to such corditious as the Secretary of
Labor may specify.
(29 F.R. 93, Jan. 3. 1964. as amended at 33 F.R. 101116, Jul)17, 1960(
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
(a) Each weekly stabment required under § 3.3 dull I,e delitrrvd br the contractor or aubruidrartor. within seven
days after the rcrolar payment dale of the pas roll period. to a reefs+matte of a Federal or State agenn in rhan_•' at the
site of tire building or work, or. if ii em is no r•prrsrnl at for of a Frderd or State r".mcy al Ii r rle of tic build m'4,,rk.
the aal a menI cats all Ile nailed by IIle contractor or solicits Iraeloq within such Iimr, to a Federal or State asrncv rmtn, lit'
for or (inaammg the building or work. Alt,, such exarmnation and %beck as fay he made, such statement. or a cop) thereof.
shall be kept naibhle, or shall be Iransnri l led tugel her with a re)orI of any viii littOil, in accordance wil4 a'pi hrai l,: prurrduryl
prescribed by the United States Ih•partmrnI of Labor.
' (b) Each contra rt or or subcontractor shall pre,.r re his wcrklt pat roll rtcord s for a period of Ihr+• rear from dale of
eomplelimr of ILr runtrxt. The pavnill nrnnl: shall vI caul xo:ealrk and conghh bic Ihe. name and ddrr.. of earl' lalwun
snd mecl'a tic. I,; corn l rla.�i(icdi on. rate of pay dally used %catty ii tinier of Lours wur4rd, dedurlitill s nude, and :u4ul
wages paid. Such payroll records shall be nude avai a pie at all Iii in (or impeel ion by the contracting Officer or ho a itliorited
representative, and InautioriinJ rrprrMu tat e, of tic Department of Labor.
Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor.
Deductions made under the circumstances or in the situations described in tike paragraplu of (his section may he made.
without application to and splaoyal of the Secmtuy of Lalhor:
(a) Any deduction made in compliance with the rnluirrmeru• of Federal. Si ate, or local law, such as Federal or Slate
withholding incnme talker and Federal social eccurity taxes.
(b) Any deduction of sums pretiundy paid to the employ cc n a Ions Fide prepayment of wags whin+ such prciut man
is nude wilbonl dirvunI or in ten N..\ "from (irk prela 'meal of wages is considered to have been nude ooh w hen sea- L or
its equivah+ht has been ad sandal to tile person employed in uu'If mauler As to give Ii in eomptcte freedom u(di.lu.iii tin of the
advanced funds.
' - (c) :\n) dnduelion of amounts requimd by count process to be paid 1n another. unless the deduction is in favor of the
contractor, subeo nt rat tot or an' affiliated peralnr, or whren col lu,ion or collaboration cif\It,
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' (d) Any deduction constitutines contribution on behalf of the person employed to funds established by the employer
or representatives of employees, or both, for the propose'of providing either from principal or income, or both, medical or
hospital care, pensions or annumes on retirement, death benefits, compensation for injuries. illness. accidents, sickneu, or
disability, or for insurance to provide env of the foregoing, or unemployment benefits. vacation pay, savings accounts. or
t similar payments for the benefit of employees, their families and drpendcnts: handed, however. That the following standards
are met: (1) The deduction is not otherwise prohibited by low; (_) it is either: (it 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 rendition either (or the
obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement be.
tween the contractor or subcontractor and representatives of its empinvers; (3) no profit or other benefit is otherwise obtained.
directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or
otherwise; and (4) the deductions shall serve the convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of United States Defense. Sumps and Bonds when voluntarily
' authorized by the employee..
(I Any deduction requested by the emploser to enable him to repay loans to or to purchase shares in credit unions
organized and operated in accordance with Federal and State credit union statutes. .
' (g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi-
• governmental agencies, such as the American Red Cross.
(h) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests,
' United Given Funds, and similiar charitable organizations.
(i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special asesxnents:
Provided, however. That a collective bargaining agreement between the can tractor or subcontractor and representatives of its
employees provides for such deductions and the deductions are not otherwise prohibited by law.
' (f) Any deduction not more than for the 'rrawnable cost' uf hoard. lodging, m other (sail hies meeting the ¢gwre-
ments of section 3(m) of the Fair labor Standard, Art of 19.19, a-- amrndrd, and Nut 5:11 of this title. When such a deduction
n made the additional records required under § 51627 (a) of this title shall be kept.
' Section 3.6 Payroll deductions permissible with the approval of the Secretary of labor.
Any contractor or subcontractor may apply to the ?rcretary of Labor fur permismn to make any deduction not pe-
• mitted under § 3.5. The Secretary may grant penni don whenever he finds that:
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(a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from
• the deduction either in the form of a commission, dividend, or otherwise:
(b) The deduction is not otherwise prohibited by law;
' (c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in w hich
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 lone (ide collective bargaining agreement between the contractor or subcontractor and representatives of its
I. employees: and
(d) The deduction serves the convenience and interest of the employee.
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Section 3.7 Applications for the approval of the Secretary of Labor.
' Any application for the making of payroll deductions under § 3.6 shall comply with the nquirrments prvxrilad in tlsa
following paragr it's of this section:
' (a) The application shall be in writing and shill be addrrapcd to the Secretary of I.bor.-
(b) The application shall identify the contract or contracts under which the work in question is to hr prrfonnrd. Per-
_ - motion will be given for deductions only on specific, identified contracts, evecpt upon a showing of esceptioml coat umstanrc+.
' (e) The application *lull state elfinnativdw v that there compliance with the ptandsrds x) forth in the provisions of
§ 3.6. Tile affirmation shill be accompanied by a lull statement of the facts indicating rvch compliance.
(d) The application shall include a dewriptlon of the proposed deduction, the purpose to be saved thereby. and the
' dates of laborers or mechsnies from whose wages the proposed deaueliun would be made.
(e) Tile application shall state the name and business of any third person to whom any funds obtained from tile pro-
posed deductions are to be transmitted slid the affiliation of sur6 person, if any, with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The S�ertary of Iwbor shall decide whether or not the requested deduction is permissible under provisions of § 3.6:
and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not elsewhere provided for by this pan and which are net hound to be pcnnimibk under § 3.6 are probibibd.
Section 3.10 Methods of payment of wages.
The payment or wages shall be by cash, nerotiable insuummn pat able on demand, or the additional forms of comlens-
tlon for which deductions are permissible under this part. No other methods of payment shall be neogniacd on work subject
' to the Copeland Act.
Section 3.11 Regulations part of contract.
I- All contracts made with rrspwct to the conpuuction. prosecution, completion. or repair of any public building or public
work or building or work financed in whole or in part by loan* or grants from the United States covered by tiro regulators in
this pan +lull ev presly bind the contractor or subcontractor to comply with such of the regulations in this put as may be slat
pliable. In this regard, see § 5.5 (a) of this sublithe.
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Subject
Index of General Conditions
Section Subject
Accident Prevention.,,.,...............
44
Additional Bond..........................
30
Additional Instructions ................
3
Allowances...... .. ... .... .. . ..... . ... .. .. .
36
58•
Anti- Kickback Act ......................
Apprentices...... . . . . . . . . . . . . . . . . . . . . . . . .
35.
Architect's Authority ..................
Assign.ments ..............................
31
Bond, Security ...........................
29
Bond, Security, additional ............
30
Changes in `.York ........................
17
Claims for Extra Cost.................
22
Completion time .........................
19
Complaints, Proceedings or Testimotry.
62.
Condition, Subsurface ..................
21
Conflicting Conditions .................
41
Construction. Schedule .................
24
Contract Docurnent......................
I
Contract Security ... I ...................
29
Contractor's Insurance................
28
Contract Termination ..................
71.
Contractor's Mutual Responsibility
32
Contractor's Obligations ..............
11
Claims and Disputes .................
63.
Cortracto-'s Title to Materials......
6
Classifications Not Listed ,,,........
59.
Correction of t: o-i<.....................
20
Damages, Liqutdatedi...................
19
Data, Rennrts 3rd Per n..+ 5...........
15
Debarment Breach of Labor Standards
69.
Debris Removal ....................... 1.
37
Definitions ...................... 0.........
2
Detail Drawings ..............•••••••••••
3
Different Subsurface ...................
21
Discrimination, employment.........
46
Drawings detail..........................
3
Emergencies .............................
13
Employment Practices...........
70.
Equal Employment Opportunity....
46
Estimated Quantities ...................
38
Ext ryas .......... .... .. .:....... ........ . ....
1 8
26
,. Fina[ Payment ...........................
"Guaranty. general.......................
40
inspection ............... I.................
14
7
Inspection. of Materials................
.
Insurance ..................... ... ..........
28
39
Lands and Rights -of -Way .............
Legal Provisions, Implied............
43
Liquidated damages ....................
19
Materials...... .... ...... ... .... .. . . . .. . ..
5
47
Member of Congress...................
Minimum It'ages.........................
52
Non-discrimination in Employment
46
Section
Notice and Service ......................
42
Obligations of Contractor .............
it
"Or Equal" Clause ......................
8
Overtime Compensation ...............
55.
Owner's right to terminate...........
23
Patents .....................................
9
Payment of Employees............ ...
52
Payments by Contractor.......... ...
27
Payments to Contractor ...............
25
Payrolls and Records ,,.
65•
Periodic Estimates .....................
24
Permits, Surveys, Regulations ......
10
Photographs ...............................
so
61.
Posting Minimum wage rates ........
Prohibited Interests ....................
48
Protection of lives and health........
44
Protection of work, property.........
13
*
Provisions required by law..,........
43
Quantities of Estimate ..................
38
Questions Concerning Regulations,....
64.
Release of Contractor..................
26
Removal of Debris ......................
37
Reports, Records and Data...........
15
Responsibility of contractor..........
32
Right of Owner to terminate..........
23
Rights -of-W' ay . ....... ........... .. .. .. . ..
39
Schedule of Construction..............
24
Security................I...I............0.1
29
Separate contracts ......................
33
Services, materials, facilities.......
5
Shop Dra«it.gs............................
4
Specific Coverage.,,....... .. . . . . . . . . . . .
66,
Stated .Allowances .......................
36
Subcontracting ....................... 34
and 45
Subcontractor's Insurance ............
28
Subcontractors Ineligible ..............
67.
Substitute Bord...........................
30
Subsurface conditions ..................
21
Superintendence by contractor.......
16
Surveys, permits ....................... 1
10
Suspension of work......................
51
Termination of contract.......... 23
and 71
Testing of Materials....................
7
Time for completion ....................
19
Title to materials •..............•••••••
6
Use and Occupancy....................-.
49
Use of Premises .........................
37
Underpayments of Ffa,^.es .................
53
Wages, Minimum.,......................
52
Wage Underpayments...................
53
Weather Conditions .....................
12
Withholding of Payments ..............
53
Anticipated Fringe Benefi.ts.,..,....
54
Employment Prohitited...............
57
Fringe Benefits Not Exrressed.......
6o
* Provisions to be Included...........
68
+* Attachment to Federal Labor Standards Provisions
' 8-27
Huo-42385 (R)
U. S. DEPARTMENT OF HOUSING"AND URBAN DEVELOPMENT
SUPPLEMENTAL GENERAL CONDITIONS
1. Enumeration of Plans, Specifications and Addenda
2. Stated Allowances
3. Special Hazards:
4. Public Liability and Property Damage Insurance
S. 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
11
HUD-u238-N(R)
(9-66)
A. Definitions
B. Scope, Nature, and Intent of Contract, Specifications and Plans
C. Figured Dimensions to Govern
D. Contractor to Check Plans and Schedules
E. Staking the Work
F. Inspection
G. Protection of Public Utilities
H. Use of Explosives
I. Danger Signals and Safety Devices
J. Sanitary Conveniences
K. Privileges of Contractors in Streets
L. Sunday, Holiday and Night Work
M. Owner's and Engineer's Protective Liability Insurance
Federal Labor Standards Provisions
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1. ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA
Following are the Plans, Specifications and Addenda which form a part of this contract, as set forth in
Paragraph 1 of the General Conditions, "Contract and Contract Documents":
DRAWINGS
General Construction:
Nos. 1 through 9
Heating and Ventilating:
Plumbing:
Electrical:
rr
rr
SPECIFICATIONS:
General Construction: (Detailed)
Page 17-1 to 17-18
Incl.
Heating and Ventilating:
" to ,
incl.
Plumbing:
to ,
incl.
Electrical:
to ,
incl.
General: Street and
>' to
'inc.
Drainage Improvements
r. 16-1 to 16-2
incl.
,
ADDENDA:
No. Date
No.
Date
No. Date
No.
Date
2. STATED ALLOWANCES - NONE.
Pursuant to paragraph 36 of the General Conditions,
the contractor shall include the following cash
allowances in his proposal:
(a) For
(Page
of Specifications)
$
(b) For
(Page
_ of Specifications)
$
(c) For
(Page
of Specifications)
$
(d) For
(Page
of Specifications)
$
(e) For
(Page
of Specifications)
$
(f) For
(Page
of Specifications)
$ 8-29
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3. SPECIAL HAZARDS
The Contractor's and his Subcontractor's Public Liability and Property Damage Insurance shall provide
adequate protection against the following special hazards:
Blasting.
1
4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY.
AND PROPERTY DAMAGE INSURANCE SEE NOTE BELOW.
As required under paragraph 28 of the General Conditions, the Contractor' s Public Liability Insur-
ance and Vehicle Liability Insurance shall he in an amount not less than S 200,000.00 for in-
juries, including accidental death, to any one person, and subject to the same limit for each
person, in an amount not less than, $ 500,000.00 on account of one accident, and Contractor's
Property Damage Insurance in an amount not less than 55100,000.00
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The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the
life of his subcontract, Subcontractor's Public Liability and Property Damage of the type and in the
same amounts as specified in the preceding paragraph, ^.r (2) insure the activities of his subcontractors
in his own policy. I .
5. PHOTOGRAPHS OF PROJECT
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As provided in paragraph 50 of the General Conditions, the Contractor will Furnish photographs in
the number, type, and stage as enumerated below:
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None required.
6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY WAGE RATES AS RE-
QUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS
Given on Pages 4-1 , 4-2 and 4-3
7. BUILDER'S RISK INSURANCE
As provided in the General Conditions, paragraph 28(o), t:,e Contractor i/will not maintain
iiullder's Risk Insurance (fire and extended envrrage) on a Pl0 percent completr,d value busts on
the insurable portions of the project for the benet'i t. of the Owner, the Contractor, and all sub-
contractors, as their interests may appear.
NOTE: In accordance with Arkansas law, insurance shall be issued by a resident Arkansas
agent licensed by the State Insurance Department of the State of Arkansas; or,
if issued by an out-of-state agent, such insurance or certificates shall be
endorsed or countersigned by a resident Arkansas agent. Insurance companies
underwriting the required insurance shall be licensed in Arkansas.
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8, SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order 11246, as Amended
(Applicable to Federally assisted construction contracts and related
subcontracts under $10,000)
During the performance of this contract, the contractor agrees as follows:
(1)
(2)
(3)
The Contractor shall not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Contractor shall take affirmative action to ensure that applicants for
employment are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
The Contractor shall post in conspicuous places, available to employees
and applicants for employment, notices to be provided by Contracting Officer
setting forth the provisions of this nondiscrimination clause. The
Contractor shall state that all qualified applicants will receive considera-
tion for employment without regard to race, color, religion, sex, or national
origin.
Contractors shall incorporate foregoing requirements in all subcontracts.
B. Contracts Subject to Executive Order 11246, as Amended
(Applicable to Federally assisted construction contracts and related subcon-
tracts exceeding $10,000)
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship, The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the pro-
visions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified appli-
cants will receive consideration for employment without regard to race,
color,_ religion, sex, or national origin.
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' (3) The Contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representatives of the Contrac-
tor's commitment under this section and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
I(14) The Contractor will comply with all provisions of Executive Order 11216 of
September 214, 1965, and of the rules, regulations and relevant orders of
the Secretary of Labor.
(5) The Contractor will furnish all information and reports required by
Executive Order 11246 of September 214, 1965, and by the rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto; and will permit
access to his books, records, and accounts by the Department and the
Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination
I. clauses of this contract, or with any of such rules, regulations, or orders,
this contract may be canceled, terminated or suspended in whole or in part,
and the Contractor may be declared ineligible for further Government con-
' tracts or federally assisted construction contract procedures authorized
in Executive Order 112146 of September 214, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
' (7) The Contractor will include the portion of the sentence immediately pre-
ceding paragraph (1) and the provisions of paragraph (1) through (7) in
every subcontract or purchase order unless exempted by. rules, regulations,
' or orders of the Secretary of Labor issued pursuant to Section 2014 of
Executive Order 112146 of September 214, 1965, so that such provisions will
be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as the
I. Department may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a
Contractor becomes involved in, or is threatened with, litigation with a
' subcontractor or vendor as a result of such direction by the Department,
the Contractor may request the United States to enter into such litigation
to protect the interest of the United States.
C. Hometown or Imposed Plans
In areas where a hometown plan or imposed plan is operative, the Community
I. Development Block Grant Recipient must contact the appropriate HUD Equal
Opportunity Office for specific instructions.
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"Section '=° Comn;.iance in the Provision of Trainin
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and Business
During the performance of this contract, the contractor agrees as follows:
(1) The contractor agrees to comply with the requirements of Section 3 of the
Housing and Urban Development Act of 1968 (12 USC 170(u), as amended, the
HUD regLLaticns issued pursuant thereto at 24 CFR Part 135, and any appli-
cable n1as and orders of HUD issued thereunder.
(2) The "Section 3 clause" set forth in 211 CFR 135.20(b) shall form part of
this contract, as set forth in Paragraph 1 of the C-eneral Conditions,
"Contract and Contract Documents".
(3) Contractors shall incorporate the "Section 3 clause" shown below and the
foregoing requirements in all subcontracts.
Section 3 Clause as Set Forth in 2L CFR 135.20(b)
A. The work to be performed under
this contract is on a project n2sbtd tin-
der a prp ram p-ldtn3 i i sc :'d :al
E.nancinl ssirrce from u1c ft,pnrt-
ment or Housing and Urban Develop-
ment and is subject to the requirements
of section 3 of the Houslna and Urban
Development Act of I96a. as amended, 12
U.S.C. 1701u. Section 3 requires that to
the greatest extent feasibly ntrortunl-
ties for trsin:ng and emptoyrnent he
given lower lnaomer rntdentz of the
project area and contract, for v;or•h In
conrrctlon with the project be awarded
to btvtnces concerns which az9 located
in, cr owned In autstantlai pmt by nor -
sorts rtatding in the area of the project,
B. The parties to this contract will
comply with the ;:rovlslons of said see-
tlon 3 and the regulations hued pu nu -
ant thereto by the teeretary of Houaing
and Urban Deveicnment set forth in 24
CFR , and all applicable rules and
orders of the Derartment Isaued there-
under prior to the execution of thin con-
tract. The parti-a t this contract certify
and agree that they are under no con-
tractual or other disability which would
prevent them from complying with these
req uirernente.
C. The contractor will send to each la-
bor org,nlzotton or representative of
workers with which he has a collective
bargaining agreement or other contract
or undentanding. If any, a notice advis-
ing the said Ia`or organization or work-
ers' renresentcllve of his commitments
under this section 3 clause end chall post
copies of the notice in conepicuous places
available to employees and applicants for
em loyment or trsining.
D. The contractor will include this
section 3 clause in every aubcontrnct for
work in connection with the project and
will, at the dlrectton of the applicant
for or recipient of Federal P-nanetal as-
sistance, take appropriate action pursu-
ant to the subcontract upon a finding
that the subcontractor Is In violation of
regulations 1=sued by the Secretary of
Housing and Urban Development, 24
CFR —. The contractor will not sub-
contract with any subcontractor where
it has notl^e or knowledge that the latter
has been found in violation of regula.
tions under 24 CFR -- and will not
let any subcontract unless the subcon-
tractor has first rrovided It with a pre-
liminary statement of ability to comply
with the requirement, of these regu-
latlons.
E. Compliance with the provisions of
section 3. the regulations set forth In 24
CFR —. and all applicable rules and
orders of the Department Issued there-
under prior to the execution of the con-
tract, shall be a condition of the Federal
financial assistance provided to the proj-
ect, binding upon the applicant or recip-
ient for such assistance, its successors,
and assigns. Failure to fulfill these re-
quirements shall subject the applicant or
recipient, its contractors and subcontrac-
ton, Its successort and assigns to those
sanctions specified by the grant or loan
agreement or contract through which
Federal assistance is provided, and to
such sanctions as are specified by 24
CPR —.135.
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9, CERTIFICATION OF COMPLIANCE 1ITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts and related
subcontracts exceeding $100.000)
Compliance with Air and Water Acts
During the performance of this contract, the contractor and all subcon-
tractors shall comply with the requirements of the Clean Air Act, as amended,
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 140 CFR Part 15, as amended.
In addition to the foregoing requirements, all nonexempt contractors and
subcontractors shall furnish to the owner, the following:
(1) A stipulation by the Contractor or subcontractors, that any facility
to be utilized in the performance of any nonexempt contract or sub-
contract, is not listed on the List of Violating Facilities issued by
the Environmental Protection Agency (EPA) pursuant to 240 CFR 15.20.
(2) Agreement by the contractor to comply with all the requirements of
Section 1114 of the Clean Air Act, as amended, (142 USC 1857c-8) and
Section 308 of the Federal Water Pollution Control Act, as amended,
(33 USC 1318) relating to inspection, monitoring, entry, reports and
information, as well as all other requirements specified in said
Section 1124 and Section 308, and all regulations and guidelines issued
thereunder.
(3) A stipulation that as a condition for the award of the contract, prompt
notice will be given of any notification received from the Director,
Office of Federal Activities, EPA, indicating that a facility utilized,
or to be utilized for the contract, is under consideration to be listed
on the EPA List of Violating Facilities.
(14) Agreement by the Contractor that he will include, or cause to be included,
the criteria and requirements in paragraph (1) through (!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.
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10. SPECIAL CONDITIONS
3
DEFINITIONS
In addition to the Definitions as given in Section 2 of the General Con-
ditions, whenever the words herein defined, or pronouns used in their
stead, occur in this contract and documents; they shall have and are
mutually understood to- have the meanings herein given.
The words "Community Development Program," or "Community Development Block
Grant Program" shall mean the governmental unit responsible for adminis-
tering the Community Development Program in the City of Fayetteville,
Arkansas. The word "Director" shall mean the director of the Community
Development Program.
The word "Owner" shall mean the City of Fayetteville, Arkansas. The word
"City" shall mean the City of Fayetteville, Arkansas, under whose auspices
this work is being done.
The word "Mayor" shall mean the Mayor of the City of Fayetteville. The
words "Board of Directors" shall mean the Board of Directors of the City
of Fayetteville, the governing body of said city. The words "City Clerk"
shall mean the City Clerk of the City of Fayetteville, Arkansas. The
words "City Engineer" shall mean the City Engineer of the City of
Fayetteville. The words "Water Superintendent" shall mean the Water
Superintendent of the City of Fayetteville, Arkansas.
The word "Engineer" shall mean McGoodwin, Williams and Yates, Inc., Consulting
Engineers, Fayetteville, Arkansas, who have been employed by the Owner for
this work, or their duly authorized agents.
The word "Inspector" shall mean the engineering or technical inspector or
inspectors duly authorized by the Engineer, limiting to the particular
duties entrusted to him or them.
The words "Bid" or "Proposal" are used interchangeably in these specifi-
cations, and shall mean the documents provided in these specifications for
submission of bids by contractors bidding on the work.
Wherever the letters "ASTM" are used, they shall mean the American Society
for Testing Materials. The letters "AWWA" shall mean the American Water
Works Association. The letters "AASHO" shall mean the American Association
of State Highway Officials. The letters "NEMA" shall mean the National
Electrical Manufacturers Association.
When the words "as ordered," "as directed," "as permitted," "as allowed,"
or words or phrases of like import are used, they shall be understood to
mean that the'order, direction, requirements, permission or allowance of
the Owner and Engineer is intended.
Similarly the words "approved," "reasonable," "suitable," "acceptable,"
"properly," "satisfactory," or words of like effect and import, unless
otherwise particularly specified herein, shall mean approved, reasonable,
suitable, acceptable, proper, or satisfactory in the judgment of the Owner
and Engineer.
SCOPE, NATURE, AND INTENT OF CONTRACT, SPECIFICATIONS AND PLANS
The said specifications and plans are intended to supplement, but not
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necessarily duplicate each other, and together constitute one complete set
of specifications and plans, so that any work exhibited in the one and not
in the other, shall be executed just as if it had been set forth in both,
in order that the work shall be completed according to the complete design
or designs as decided and determined by the Engineer. Should anything be
omitted from the; specifications and plans which is necessary to a clear
understanding of the work, or should it appear various instructions are
in conflict, then the Contractor shall secure written instructions from the
Engineer before proceeding with the construction affected by such omission
or discrepancies. It is understood and agreed that the work shall be
performed and completed. according to the true spirit, meaning, and intent
of the contract, specifications and plans.
C. FIGURED DIMENSIONS TO GOVERN
I
Figured dimensions, when given on the plans, shall be accurately followed,
even though they differ from scaled measurements. No work shown on the
plans, the dimensions of which are not figures, shall be executed until
' instructions have been obtained from the Engineer as to the dimensions to
be used. Large scales and full size drawings shall be followed in pre-
ference to small scale drawings.
' D. CONTRACTOR TO CHECK PLANS AND SCHEDULES
The Contractor is required to check all dimensions and quantities on the
plans and schedules given to him by the Engineer, and shall notify the
Engineer of any discrepancy between the plans and the conditions on the
ground, or any error or omissions in the plans, or in the layout as given
I. by stakes, points, or instructions, which he may discover in the course of
the work. The Contractor will not be allowed to take advantage of any
error or omission in the plans or contract documents, as full instructions
will be furnished by the Engineer should error or omission be discovered,
'
and the Contractor shall carry out such instructions as if originally
specified.
' E. STAKING THE WORK
The work to be done will be staked out by the Engineer, and the Contractor
' shall be required to conform to the stakes as set by the Engineer, and to
carefully preserve all stakes.
F. INSPECTION
As set out in Section 14 of the General Conditions, the project shall at
all times be subject to inspection by representatives of the Department of
' Housing and Urban Development. Access and inspection shall also be pro-
vided for representatives of the Owner, the Public Health Service and the
Arkansas Department of health. The Contractor shall provide proper facilities
t for such access and inspection.
Unless otherwise directed by the Engineer, all work of a permanent nature
which cannot be inspected after completion shall be done in the presence
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of an Inspector. NO CONCRETE SHALL BE POURED UNLESS AN INSPECTOR IS
PRESENT. The Contractor shall notify the Engineer at least twenty-four
hours in advance before concrete is to be poured. It shall be the duty
of the Contractor to notify the Engineer in advance of the beginning of
work after delays, shutdowns, change of work progress or change of
location.
The failure or neglect on the part of the Engineer or the Inspector to
inspect, condemn or reject inferior materials or work shall not be con-
strued to imply an acceptance of the same should inferiority become
evident at any time prior to the final acceptance of the work by the
Owner, or within the time limit of one year as set out in Section 40 of
the General Conditions.
The Engineer does not guarantee the performance of the contract by the
' Contractor, nor shall his inspection be construed as supervision of actual
construction, nor make him responsible for providing a safe place for the
performance of the work by the Contractor, or the Contractor's employees,
or those of the suppliers, his subcontractors, nor for access, visits, use,
work, travel or occupance by any person, as these responsibilities are
covered under the provisions of this contract, the Contractor's insurance
and performance bond, and are not the responsibility of the Engineer.
Where the provisions of safety, in any of its categories, are not being
observed, and this condition comes to the attention of the Engineer or
his representatives, the Engineer may require standard safety procedures
to be initiated, but the requirement of these procedures does not constitute
a guarantee by the Engineer as to their adequacy or the safety of the public.
Where plants, buildings, or mass movement of earth is being undertaken,
the Engineer will set such control lines and basic elevations as are
required for the Contractor to make such unit or plant layouts as are
required. When work is undertaken which requires a constant or generally
' intermittent checking of lines and elevations, the Contractor shall main-
tain such equipment and personnel as are, essential to the actual prosecution
of the work. In -these instances, the final grades, alignment and dimensions
are subject to the checking of the Engineer.
G. PROTECTION OF PUBLIC UTILITIES
' The Contractor shall give reasonable notice to the owners of steam, gas,
water, sewer and other pipe lines or conduits, overhead and underground
wires or other structures, either public or private, railroads and other
' owners of property, when such property is liable to injury or damage by
reason of the execution of the work, in order that the owner or owners
of such utility or other property may remove or protect the same.
' If any owner or owners of public utilities liable to be affected, endangered
or damaged by the construction of the work does not protect its or their
property, then the Contractor must do so. The Contractor shall receive no
' compensation over the unit and lump sum prices specified in the bid for
the completion of this contract, which prices shall cover every item of
additional cost for all the material and labor necessary to support,
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protect, or remove such tracks, pipes, conduits, overhead and underground
wires, and structures, and other improvements, during the construction of
said work across, under, over, along or near the same.
The Contractor shall satisfactorily shore, support, and protect any and all
pipes, sewers and other structures, and shall be responsible for any damage
resulting thereto. The Contractor shall not be entitled to any damages or
extra pay on account of any postponement, interference, or delay caused by
such structures being on the line of the work, whether or not such structures
are shown -'on the':pl'ans. ;
USE OF EXPLOSIVES
When the use of explosives is necessary for the prosecution of the work, the
Contractor shall observe all local, state and federal laws in purchasing
and handling explosives. The Contractor shall take all necessary precaution
to protect completed work, neighboring property, water lines, or other under-
ground structures. Where there is danger to structures of property from
blasting, the charges shall be reduced and the material shall be covered
with suitable timber, steel or rope mats.
The Contractor shall notify all owners of public utility property of intention
to use explosives at least eight hours before blasting is done close to such
property. Any supervision or direction of use of explosives by the Engineer
does not in any reduce the responsibility of the Contractor or his surety
for damages that may be caused by such use.
DANGER SIGNALS AND SAFETY DEVICES
The Contractor shall take all necessary precautions to guard against damages
to property and injury to persons. He shall put up and maintain in good
condition sufficient red or warning lights at night, suitable barricades
and other devices necessary to protect the public. In case the Contractor
fails or neglects to take such precautions, the Owner may have such lights
and barricades installed and charge the cost of this work to the Contractor.
Such action by the Owner does not relieve the Contractor of any liability
incurred under these. specifications or contract.
SANITARY CONVENIENCES
Sanitary conveniences, consistent with good health standards and decency
shall be provided for the workmen. Such conveniences shall be approved
by the local officials responsible for such standards. Such conveniences
shall be maintained in good order and waste disposed of regularly and. to
the satisfaction of said official.
The Contractor shall provide a safe drinking water for all workmen. The
water shall come from a safe source approved by the Arkansas Department of
Health. Water shall be delivered to workmen through an approved water
spigot or angle jet fountain, and the use of a common drinking cup will be
prohibited.
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PRIVILEGES OF CONTRACTORS IN STREETS
The Contractor.will be entitled to use such streets, alleys, roadways, or
parts of the streets and alleys as are necessary for the prosecution of the
work.. The use of such public thoroughfares shall be at the direction of
the Engineer and in accordance with the provisions as expressed by him.
The Contractor will
take
care to keep
streets open for use
whenever practi-
cable; cross streets
will
be kept open
wherever possible.
The Contractor will notify the Fire Chief of the locality when a street is
closed and shall again notify him when it is opened for traffic. In case
no adequate detour can be provided, the Contractor will stand in readiness
to provide a crossing in case of any emergency.
SUNDAY, HOLIDAY AND NIGHT WORK
No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., nor on
Sundays or legal holidays, except work as may be necessary for the proper
care and protection of work already performed, or in case of any emergency,
and in any case only with the written permission of the Engineer.
It is understood, however, that night work may be established as a regular
procedure by. the Contractor if he first obtains the written permission of
the Engineer, and that such permission may be revoked at any time by the
Engineer if the Contractor fails to maintain at night an adequate force
and equipment for reasonable prosecution and supervision of the work.
OWNER'S AND ENGINEER'S PROTECTIVE LIABILITY INSURANCE
The Contractor shall indemnify and save harmless the Owner and Engineer
from and against all losses and claims, demands, payments, suits, actions,
recoveries and judgments of every nature and description brought or
recovered against him by reason of any omission or act of the Contractor,
his agent or employees in the execution of the work or in the guarding of
it. The Contractor shall obtain in the name of the Owner and Engineer and
shall maintain and pay the premiums for such insurance in an amount not
less than $100.,000/$500,000 limits, and with such provisions as will protect
the Owner and Engineer from contingent liability under this contract. The
cost of this insurance is not an item whose cost will be participated in
by the Federal Government. Therefore, if required, the Contractor shall
furnish the Owner a cost breakdown.
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GENERAL S P E C I F I C A T I O N S
' STREET AND DRAINAGE IMPROVEMENTS
' The following specifications are hereby by reference made a part of the General
• Specifications. These specifications are contained in the "Standard Specifi-
cations for Highway Construction," Edition of 1978, published by the Arkansas
State Highway Commission.. The page numbers given below refer to pages in these
"Standard Specifications for Highway Construction."
These specifications'are available for inspection in the Engineer's office, or
' may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas.
Earthwork and Site Preparation, Part 200 Page No.
Clearing and Grubbing, Section 201 .63-67
Removal and Disposal of Structures, Section 202 . . . . . . . 68-69
Moving Minor Obstructions, Section 203 69-70
Removing Old Culverts, Section 204 70-72
Removal of Existing Bridge Structures, Section 205 . . . . . 72-73
' Fence Moved and Reconstructed, Section 208 . . . . . . . . . 78-79
Excavation and Embankment, Section 210 81-92
Subgrade, Section 212 . . . . . . . . . . . . . . . . . . . 94-97
Shaping RoadwaySection, Section 213 . . . . . . . . . . . . 97-98
Widening Roadway Section, Section 214 99-100
Bases and Granular Surfaces, Part 300
Crushed Stone Base Course, Section 306 114-117
Bituminous Pavement, Part 400
I Prime and Tack Coats, Section 401 150-153
Materials and Equipment for Bituminous Surface
Courses, Section 403 . . . . . . . . . . . . . . . . . . 157-165
Asphaltic Concrete Hot -Mix Surface Course, Section 408 . . . 174-177
Materials and Equipment for Hot -Mix Bituminous
' Binder and Surface Courses, Section 409 177-188
Construction Methods for Hot -Mix Bituminous
Binder and Surface Courses, Section 410 . . . . . 188-195
' Rigid Pavement, Part 500
Portland Cement Concrete Pavement, Section 501 . . . . . 205-239
' Approach Slabs and Gutters, Section 504 246-248
Portland Cement Concrete Driveway, Section 505 . . . . . 248-249
Incidental Construction, Part 600
Maintenance of Traffic, Section 603 254-258
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Pipe Culverts and :Storm Drains, Section 606 . . . . . . . . .
Manholes, Drop Inlets and Junction Boxes, Section 609 .
Manholes, Drop Inlets and Junction Boxes Adjusted
to Grade, Section 610 . . . . . . . . . . . . . . . .
Pipe Underdrains,;Section 611 . . . . . . . . . . . .
Concrete Walks and Steps, Section 615
Curbing, Section 616
Seeding, Section 620
Solid Sodding, Section 624 . . . . . . . . . . . . . . .
Removing and Replacing Topsoil, Section 626 . . . . . .
Structures, Part 800
Page No.
262-270
275-278
278-279
280-283
294-296
296-299
303-308
317-319
322-324
Excavation and Fill, Section 801 1 . . . . . . . . . . . . . . 361-367
Concrete for Structures, Section 802 . . . . . . . . . . . . 367-425
Reinforcing Steel for Structures, Section 804 . . . . . . . 427-431
Riprap, Section 816 . . . . . . . . . . . . . . . . . . . . . 536-543
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D E T A I L E D S P E C I F I C A T I O N S
STREET AND DRAINAGE IMPROVEMENTS
' Community Development and Housing
City of Fayetteville, Arkansas
DHUD Project No. 7701 -ST
Plans No. Fy-70
Dated October 1979
1. SCOPE OF.THE WORK. The work to be done under this contract shall include
the furnishing of all materials, tools, equipment and supplies, and the perfor-
mance of all labor necessary to construct the work as follows:
The work consists of improvements to existing streets in the City
of Fayetteville, some of which are presently paved and others
unpaved. The following includes the items of work which may be
required: site preparation, clearing, excavation and fill, curb
' and gutter, placement of SB-2 base course, placement of hot -mix
asphalt, construction of sidewalks, driveways, Portland cement
concrete pavement, construction of various drainage structures,
storm drains, culverts, topsoiling, seeding and mulching. The
' plans and the Detailed Specifications indicate the kinds and
quantities of the various amounts of work required in each
• specific location. The particular streets involved are as
' follows:
Contract Section V - Combs Avenue
' Contract Section VI - Whillock Street
Contract Section VII East Farmers Street
2. GENERAL SPECIFICATIONS. The General Specifications shall govern and control
' all work to which, in the opinion of the Engineer, they apply. Since these
said preceding specifications are general, they may,in�some cases refer to work
and conditions not found on this project, in which case such nonapplicable stipu-
' lations will have no meaning in this contract. In case of conflict between
General and Detailed Specifications, the Detailed Specifications shall govern.
3. COMPLETION TIME AND LIQUIDATED DAMAGES. The Contractor shall complete the
'
work provided for within one hundred eighty (180) calendar days from the date
set out in the Notice to Proceed.
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Liquidated damages shall be one hundred dollars ($100.00) per day for each
calendar day of delay in completion beyond the time stipulated herein and
• provided for in the contract.
' 4. SAFETY AND HEALTH REGULATIONS AND CONTRACT REQUIREMENTS. Although the
Engineer and his personnel may recognize safety hazards and in such case will
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require that changes be made to reduce or eliminate the hazards, the Engineer
by such action does not take the responsibility as safety engineers for the
' Contractor. Neither does such action indicate that the Engineer or his
personnel are trained safety engineers. It means only that a specific safety
hazard has been recognized in the ordinary course of engineering inspection of
t the technical aspects of the work being done, and such hazard has been called
to the attention of the Contractor.
The provisions covering safety standards and accident prevention as set out
in the General Conditions are particularly called to the attention of the
Contractor.
In order to protect the lives and health of his employees under the contract,
the Contractor shall comply with all pertinent provisions of the "Manual of
Accident Prevention in Construction" issued by the Associated General Con-
tractors of America, .Inc., and shall maintain an accurate record of all cases
of death, occupational disease and injury requiring medical attention or causing
loss of time from work arising out of and in the course of employment on work
under the contract. The Contractor alone shall be responsible for the safety,
efficiency and adequacy of his plant, appliances and methods and for any damage
which may result from their failure or their improper construction, maintenance
or operation.
Any safety procedures initiated by the Engineer shall not be construed as
supervision of the Contractor's work force, nor make him responsible for
providing a safe place for the performance of the work by the Contractor or
the Contractor's employees or those of the suppliers, his subcontractors, nor
for access, visits, use, work, travel, or occupance by any person, as these
responsibilities are covered under the provisions of the contract, and the
Contractor's insurance and performance bond, and cannot be the responsibility
of the Engineer.
Insurance coverage required on the project is given in Section 28 of the
General Conditions and in the Supplemental General Conditions.
Particular attention is called to the requirement of contractors to withhold
state income taxes on wages paid.
5. QUALITY OF THE PLANS. The plans have been made with care, but cannot be
' expected to be correct in every detail when some of the conditions to be
encountered are underground, or are not shown on existing maps.
' The location of the existing water, sewer and gas service lines are shown as
approximate only, as their exact locations are difficult to determine. The
Contractor shall work in close cooperation with the City and utility companies'
operating personnel in locating these lines in advance so as to reduce damage
to the lines resulting in disruption of service and added costs to the
Contractor. The City of Fayetteville reserves the right to make normal
changes in location or grade of the work as will facilitate construction,
' provide for better service, or reduce the construction costs to keep within
the monies provided for this work.
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6. ELEVATION DATA. Elevations shown on the plans are referenced to bench
marks at the construction sites, and are based on U. S. Coast and Geodetic
survey elevations.
7. LANDS AND RIGHTS OF WAY. The work is to be constructed on dedicated
streets in the City of Fayetteville and on Arkansas State Highway rights of
way. The Owner will obtain any permits required from the Arkansas State
Highway and Transportation Department, and no deposit will be required from
the Contractor.
8. CONTINUING RESPONSIBILITY OF CONTRACTOR. The Contractor shall be
responsible for faulty materials and workmanship, and, unless otherwise
specified, he shall remedy any defects due thereto and pay for any damage to
other work resulting therefrom which shall appear within a period of one (1)
year from date of substantial completion. The Owner shall give notice of
observed defects within reasonable promptness. All questions arising under
this article shall be decided by the Engineer, subject to arbitration.
Also see Section 20 of these Detailed Specifications.
9. PAYMENT. Methods of payment provided for in the General Specifications
are in some cases superseded by specific conditions set out in the Proposal
and these Detailed Specifications. In such cases, the provisions of the
Proposal and these Detailed Specifications shall apply.
10. PAYMENT FOR EXTRA WORK. Whenever work is required which is not provided
for under these plans;, specifications and contract, or work which is not in
keeping with the general work for which there are unit prices, the Contractor
shall perform the work as directed by the Engineer and shall receive as
compensation therefor the total cost of the work based upon the actual
Contractor's expense, plus 15 percent for overhead and profit. Such expense
shall include insurance and bonds, but shall not include overhead of any
other nature. No extra work shall be performed except upon the written
order of the Engineer.
11. NOTICE TO PROCEED. After the contract bonds have been furnished to the
City of Fayetteville and the contract has been executed, the Engineer will
issue a Notice to Proceed designating the date the work will begin. Such
Notice to Proceed will be issued so that the Contractor may commence work
within thirty (30) days of the date of the signing of the contract. By
mutual agreement between the Engineer and the Contractor, commencement of
work may be delayed beyond said thirty -day period, if there is a delay in
obtaining of materials, equipment, or right of way, or other factors beyond
the control of the Contractor or the City of Fayetteville.
12. PROVISIONS FOR COMPETITIVE BIDDING. In some instances, details or notes
refer to one manufacturer's equipment. It is the intent of the plans and
specifications that equipment or materials of equal quality supplied by other
manufacturers which meet the same performance standards will be approved,
provided that the cost to the City of Fayetteville will be no greater in extra
concrete, piping, grading, etc., for items which are to be furnished at a
unit price.
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13. UTILITY SERVICES. Throughout the area toeimprove
roledatiere are
etlocated
' utility services, some of which may require possible
be the Contractor's responsibility to assist the owners of the gasservice
utilities in the locating of water service lines and meters, g
lines and meters, and telephoneandpower poles that meters, gas srequire meters,rserviceon
If in the opinion of the utility owner, tern oles need relocation,
lines or other facilities such as telephone Ot power
poles
the utility. The
then the relocation of same will be done by theowner
Contractor shall cooperate with the owners of the various utilities during
the relocation of facilities so that the owners of the utilities will have
adequate time and working room to relocate the facilities.
14. SOURCE OF SUPPLY. The Contractor shall not start delivery
matof materials
until the Engineer has approved the source of supply. din ls c0n
forming to the requirements of these specifications shall beused
hasbeen
t work and such materials shall be used only after written said rmaterial
given by the Engineer and only so long as the
eiquality ofityns. aid aerialor
remains equal to the requirements of the sp fore y rtacto
shall furnish approved materials from other sources i ,
he
the product from any source at any time before commencing or during
material
prosecution of the work proves unacceptable. After approval, any
' which has become damaged during its delivery and handling shall not be used
in the work.
15. SAMPLES AND TESTS. Where, in the opinion of the Engineer or called for
in the specifications, tests of materials are necessary, such tests shall be
made at the expense of the Contractor, unless otherwise provided in the
General Conditions.
' All samples called for in the specifications or required by the Engineer shall
be furnished by the Contractor and shall be submitted to the Engineer for his
' approval. Samples shall be furnished so as not to delay fabrication or
construction, allowing the Engineer reasonable time for the consideration
and testing of the samples submitted. Tests, unless otherwise specified,
are to be made in accordance with the latest standard tmethodssof fht e American
' Society for Testing Materials. The Contractor
hashall
lrprog semslcand shall
as the Engineer may require for collecting and s
not use the materials represented by the samples until thave been made
and approved by the designated Engineer or testing laboratory.
The Contractor shall, in all cases, furnish the required
samples
les without
' charge. All tests shall be made by
a laboratory approved by
and the Owner.
16. SEQUENCE OF THE WORK. The work shall be carricarried on Inman desired by diately afterthe
' Contractor, subject to the approval of the Engineer. execution and delivery of the contract, and before the first partial payment
is made, the Contractor shall deliver to the Engineer an estimated construction
' progress schedule in form satisfactory to the Engineer, showing the proposed
rates of co
underntheeand completion feach of various
Contract Documents,andtheanticipatedamountvoflea each monthly
payment that will become due the Contractor in accordance with the progress
schedule.
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' 17. MATERIALS OF CONSTRUCTION.
A. General. The materials hereinafter described shall be used in the
construction of streets and drainage improvements.
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B. Crushed Stone Base. Crushed stone base material shall be Class SB-2
in conformity with the gradation and hardness requirements as set forth
under Section 306, page 114, of the 1978 Edition of the Arkansas State
Highway Department Standard Specifications. SB-2 shall also be used
for bedding and backfill around drainage pipes and structures.
C. Prime'and Tack Coats. Prime coat material shall be Grade MC -30 as
set forth in Table II on page 160, and tack coat material shall be
Grade SS -1 as set forth in Table III on page 116, both in the 1978
Edition of the Arkansas State Highway Department Standard Specifi-
cations. .
D. Asphaltic Concrete Hot -Mix Surface Course. The hot -mix asphalt surface
course shall conform in composition to the weights and gradation of
Type 2 asphalt as set forth under Section 408, page 174, of the 1978
Edition of the Arkansas State Highway ➢epartment Standard Specifi-
cations, using asphalt cement, Grade 60-70.
E. Portland Cement Concrete. Concrete used in the construction of curb
and gutter, headwalls, wing walls, drop inlets, sidewalks, driveway and
concrete pavement shall comply with the gradations and proportioning set
forth for Class A concrete under Section 802 on page 367 of the 1978
Edition of the Arkansas State Highway Department Standard Specifications,
with 5 percent +1 percent air entrainment added at the plant.
F. Reinforcing Steel. All reinforcing steel used on this project shall
conform to the requirements of ASTM A 615 as set forth under Section 804,
page 427, of the 1978 Edition of the Arkansas State Highway Department
Standard Specifications.
G. Fencing. The fencing used to replace any existing fences which may be
relocated shall be either chain link fencing or Type C fence as set out
in Section 614, page 288, of the 1978 Edition of the Arkansas State
Highway Department Standard Specifications, whichever type is existing
prior to construction.
H. Reinforced Concrete Pipe. All concrete pipe, of the various kinds shown
on the plans, used for laying storm sewers shall be reinforced concrete
pipe with joints composed of cold -applied, preformed plastic gaskets.
The gaskets.shall conform to AASHO M198, Type B. The pipe shall be
constructed in accordance with ASTM C76, reinforced, Class III concrete
pipe.
I. Topsoil. Topsoil shall consist of material stripped and stockpiled from
the limits of roadway construction, if available, or of satisfactory material
furnished by the Contractor. Topsoil shall be free of all large rocks,
excessive vegetative material, or other debris which would cause the
topsoil to be unsuitable.
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' J. Seed. Seed shall be in conformance with Group I (based on the time of
application) as set out in Section 620 on page 303 of the 1978 Edition
of the Arkansas State Highway Department Standard Specifications.
K. Straw Mulch. Straw mulch shall consist of good grade, weed -seed free,
' clean straw of a quality approved by the Engineer prior to use.
L. Subgrade Material. When existing subgrade material is not suitable
' and requires replacement, material used shall be of a good grade bank
run material of a source approved by the Engineer prior to hauling to
the job site.
I. M. Cast Iron Castings. Cast. iron castings used in the construction of drop
inlets shall be according to, specifications shown on the plans. The
word "STORM" shall be cast on all inlet covers.
N. Rock Riprap. Good grade limestone from a source approved by the Engineer
prior to hauling to the job site shall be used. The rock shall be a
' maximum dimension of 12 inches.
0. Storm Inlet Grating. The inlet frame and grate shall be constructed of
welded steel cross bars 1 1/2 inches by 1/4 -inch thick of the length and
' spacings as shown on the plans. The completed grating shall be sand-
blasted and painted in accordance with the painting specifications
hereinafter set out.
P. Expansion Joint Material. The materials for filling expansion and
contraction joints shall be as set out under Section 501, pages 209-210,
of the 1978 Edition of the Arkansas State Highway Department Standard
' Specifications.
Q. Handrails. Handrails shall be of 1 1/2 -inch black iron pipe, and may
' be of all molded construction, ground smooth, as of the slip-on type
• of handrail fitting. Fastening shall be by means of side plates and
by pipe brackets as detailed on the plans. Slip -type expansion joints
' shall be furnished at locations shown on the plans, or a minimum of
50 -foot centers if not shown. Slip joints in top and bottom rails shall
be staggered. Care shall be taken to properly clean and prime paint all
pipe and fittings. Welded pipe railings will be approved. Detailed
drawings of pipe railing shall be submitted to the Engineer for approval
prior to fabrication.
' R. Paint for Handrails Grating and Storm Sewer Manhole Covers. Rust-Oleum
1069 Heavy -Duty Rust -Inhibitive Red Primer applied to shop -blasted metal
to a coverage of 3 mils, dry; followed by two coats of #473 Heavy -Duty
Aluminum at the rate of 1 mil, dry, per coat for a combined total thickness
'of 5 mils, dry. All edges and welds shall be coated by brush.
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18. STREET AND DRAINAGE STRUCTURE CONSTRUCTION.
A. General. The work to be done in accordance with the following construction
specifications shall include all work necessary for the construction of
streets, box culverts, installation of drainage pipes, construction of
reinforced concrete headwalls, drop inlets, and every other item of work
required for a completed project as shown on the plans and as specified.
B. Sequence of the Work. The sequence of construction of the required street
and drainage improvements is as set out in Section 16 of these Detailed
Specifications.
An exact sequence of work will be agreed upon by the Owner, Contractor
and Engineer. %
C. Site Preparation. The requirement for site preparation work on each
contract section' is different and is to be bid as a separate pay item
and cannot be exactly specified.
The following general description of the work to be done on each contract
section is given so that the Contractor may more clearly identify the
site preparation work to be accomplished.
Contract Section V
Combs Avenue from Arkansas State Hiehwav 16 East aonroximately
560 feet south. The work to be done includes the construction of
a street, including curb and gutter on both sides, to a width of
25 feet. In addition, a 4 -foot wide concrete sidewalk is to be
constructed adjacent to the new street on the west side. The
existing pavement is to be scarified and removed prior to the
placement of new base and paving. Only minor grading and
excavation will be. required. There is also one manhole which
will require adjustment to grade.
Contract Section VI
Whillock Street from U. S. Hiehwav 71 South annroximately
1,250 feet west. The work to be done includes the construction
of 20 -foot wide pavement on a 21 -foot width of compacted SB-2
base. No curb and gutter or sidewalk shall be constructed.
All existing drainage structures are to remain. Only very
minor grading to prepare the existing subgrade will be
required. However, five (5) manholes will have to be
adjusted before the pavement is placed. Also, the
construction of reinforced concrete headwalls will be
required on an existing 30 -inch RCP.
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' Contract Section VII
' East Farmers Street from U. S. Highway 62 West approximately
• 1,200 feet south. The work to be done includes the construction
of street with curb and gutter on both sides, for a total width
' of 25 feet. Also required is the construction of a 4 -foot wide
sidewalk parallel to the street on the west side. There will be
some excavation required, in addition to the. filling -in of the
existing drainage ditches and removal of existing culverts.
Also required will be the construction of two drop inlet boxes
at Station 5+15 and the installation of approximately 370 linear
feet of 18 -inch RCP storm sewer.
' There is a 36 -inch by 58 -inch corrugated galvanized metal pipe
arch to be removed at Station 1+70. In its place will be
constructed a 6 -foot by 3 -foot reinforced concrete box culvert
' skewed 70 degrees right forward, as shown on the plans.
There are three manholes which will require adjustment to grade.
' D. Clearing and Grubbing. All trees, stumps, brush, roots and other debris
of any type within the construction limits of streets and drainage ditches
shall be removed and disposed of by the Contractor.
Burning of material resulting from the clearing operation will be allowed
t by the Owner. However, it will be the Contractor's responsibility to
obtain burning permission from local and state authorities.
' E. Stripping. All vegetative growth and unsuitable soil within the limits
of street construction areas shall be stripped and disposed of as directed
by the Engineer. If suitable areas for disposal are not available, the
I. Contractor will be required to haul the material from the site.
F. Excavation and Embankment. After the unsuitable soil has been stripped,
the Contractor shall proceed to construct the street subgrade. All
' excavated material not suitable for the construction of roadway embank-
ment shall be disposed of as directed by the Engineer. In areas to be
excavated, the Contractor shall make cuts down to an elevation which is
I. level with the top of proposed curb elevations. Further excavation
shall be delayed until all drainage structures'have been installed that
are to be constructed either adjacent to and parallel with all crossing
proposed streets. In embankment areas, the Contractor shall construct
'the embankment up to approximately the finished subgrade elevation.
All street excavation shall be considered unclassified, and rock, if
' encountered, will not be eligible for extra compensation. All surplus
excavated material shall be hauled off the site and disposed of by
the Contractor.
' G. Soil Testing. Prior to the commencement of excavation and embankment,
the Contractor shall retain the services of an approved soil testing
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laboratory to collect soil samples and to conduct such tests as are
required to determine the theoretical modified Proctor density of the
' soils upon which the roadway will be constructed. During the course of
construction of embankment sections, density tests will be conducted at
locations designated by the Engineer on each 12 -inch lift. Density
' tests will also be conducted at approximate 200 -foot intervals in areas
of excavation to determine the compacted density of the top 8 inches of
the subgrade. All expenses incurred for the determining of Proctors and
densities shall be borne by the Contractor.
The top 8 inches of all subgrade shall be compacted to 90 percent of
modified Proctor density. In areas of embankment, all soil below the
' top 8 inches shall also be compacted to 90 percent of modified Proctor
density.
H. Removal and Disposal of Structures. This work shall consist of the
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removal and satisfactory disposal of curb and gutter, Portland cement
or asphaltic concrete driveway, parking areas, sidewalks and steps,
manholes, catch basins, and other items as directed by the Engineer
' which may be encountered within the limits of street construction,
as shown on the plans. Salvaged materials will become the property
of the Contractor.
' I. Removing Old Culverts. This work shall, consist of removing, in whole
or in part, all old culverts encountered on the project not designated
Ion the plans or directed by the Engineer to remain, or the filling of
old culverts as called for; together with the disposing of all materials
removed and the backfilling and compacting of all resulting trenches.
' J. Fence Removed and Reconstructed. The location of fences to be removed
and reconstructed are as shown on the plans. Posts and wire or chain
link fence that is not in a condition to be moved shall be replaced
' by new material of equal or better quality of the type and size of the
material replaced. Replacement material required shall be furnished
by the Contractor and be satisfactory to the Engineer.
' K. Shaping and Widening Roadway Section. This work shall consist of
modifying and/or widening the existing roadway to conform substantially
to the typical section shown on the plans. This shall include excavating
' and hauling or drifting subgrade material necessary in widening the
existing roadway or making minor cuts and fills, along with shaping
and dressing the surface, shoulders, ditches, foreslopes and backslopes
Ito provide a uniform and well -drained subgrade, in accordance with the
plans and specifications.
L. Removal and Replacement of Signs, Mailboxes, Etc. All signs, mailboxes,
etc. which are in the street construction limits shall be removed and
replaced behind the proposed curb and gutter so as not to interfere
with the work. Temporary movable supports shall be furnished for
mailboxes that cannot be placed in their final locations.
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Undercuts. If unstable or unacceptable material is encountered during
the preparation of the subgrade, the designated grade will be undercut
as directed by the Engineer and suitable material placed in the undercut
area. If suitable material does
exist
onthe
site,
tthen
a nySB-2 base
material may be directed to be placed the undercut
athe
Engineer.
Crushed Stone Base Material. When base
ovedmaterial
srequired
6and
inchesafter
the subgrade has been accepted and app Y the Engineer,
of compacted base material shall be installed. Crushed stone base
material shall be compacted to 95 percent modified Proctor density.
Compaction tests shall be conducted at intervals designated by the
Engineer and at the Contractor's
expense.
During
the
andplacement
the rolled to
base material, thecrushedstoneshall bebladed
insure complete and proper mixing and water shall be added as required
to establish optimum moisture for compaction of the material.
Water needed for mixing and compaction of the subgrade and base will
be made available by the City at the established bulk rate of the City.
Prime and Tack Coats. The plans show the location of asphalt overlays,
new pavement, and bituminous surface treatments.
to asphalt Prime
orack ck coat
oat ace
as directed by. the Engineer shall be placed prior
treatment. The materials of construction are as specified in Section 17
of these Detailed Specifications. This item will be considered subsidiary
to asphaltic concrete hot -mix surface course or bituminous surface
treatment, whichever pertains.
Asphaltic Concrete Hot -Mix Surface Course. A 2 inchlayer
or yef asphaltic
concrete shall be placed on all street areas to be paved ro elled
as shown on the plans. The asphalt shall bus placee d by y•a atielfscreed,
asphalt -laying machine equipped with an adj
and of such size as will permit the laying of one-half street width
during each pass of the machine. Prior to placement: of the asphalt,
the area shall be primed with one application of prime coat as
previously specified. Asphalt placement shall be in accordance with
the General Specifications for that item.
Core samples shall be taken at such
locations
nsias the Engineercost mcuttirect
for the purpose of determining compacted
the core samples, repairing the removed area, conducting the laboratory
tests to determine the compacted density, and all other costs shall
be at the expense of the Contractor.
The finished bituminous course shall be compacted to not less than
92 percent of theoretical density. A mix design shall
besubmitted
to the Engineer for approval prior to use of materials.
Q. Concrete Drive Repair. The plans show the locations of existing
driveways which will connect to the new curb and gutter to be
constructed. The Contractor shall cut a neat line across the
existing pavement (where required) and reconstruct a 6 -inch
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detaile' nonreinforced concrete slab as shown in the d plans.
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width will vary depending upon the existing driveway width. The driveway
subgrade shall be shaped to create a uniform transition between the
existing drive and the new curb.
R. Concrete Curb and Gutter. Concrete curb and gutter 8 inches in height
shall be constructed on suitable subgrade material at the locations shown
on the plans. If there is not suitable subgrade material available, at
' the option of the Engineer, SB-2 base material may be placed and compacted
in lieu of existing material.
' Expansion joints shall be made at drop inlets, radius points and at
intervals not greater than 50 feet along the curb line. The joint
shall not be less than one-half inch thick and shall be filled with
joint filler neatly trimmed to match the cross section of the curb and
gutter.
Before construction begins, the Contractor shall furnish the Engineer
' a certified batching schedule from hisconrteosupplier. tTeThis
sosclschedule
will show the type and gradation of aggregate esud gallons of water
pounds of aggregate, sand and cement, and the proposed
for each cubic yard of concrete to be delivered.
The concrete shall be placed on subgrade that has been watered down, and
shall be vibrated and spaded until the mortar is evenly spread. The
' surface shall be finished smooth with rounded corners. The curing of
the concrete shall be controlled in accordance with the prevailing weather
conditions at the time of the pour. Wet burlap shall be placed and kept
' moist if so required by the Engineer. Concrete will not be poured when
the outside temperature is below 400 F. within four hours after the last
batch is poured.
' When the curb and gutter have cured, the Contractor will shape the area
behind the curb in accordance with finished grade as shown on the cross
sections of the plans. Extreme care shall be exercised to avoid damage
Ito the curb and gutter during the backfill operation. Any such damage
will be replaced at the Contractor's expense.
Is. Drainage Structures and Ditches. All drainage structures including box
culverts, drop inlets, headwalls and wing walls, concrete spillways and
drainage ditches shall be constructed in accordance with the line and
grades shown on the plans. As shown on the plans, all excavation
' required for the installation of drainage pipes and structures that
is to be under the travel surface or within 5 feet of the back of the
curb shall be backfilled with SB-2 crushed limestone and compacted to
' the density required for the street subgrade.
T. To soiling seeding and Straw Mulching. Before the placement of topsoil
is commenced, the area to be covered shall be bladed smooth and all rock
' 2 inches and larger removed. The area shall then be lightly disked and
the topsoil placed to a thickness of approximately 3 inches. The topsoil
shall then be machine or hand raked to provide a uniform surface.
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Seeding and fertilizing shall be done in accordance with Section 620 of
the Arkansas State Highway Department Standard Specifications.
Straw mulch shall then be placed over areas as directed by the Engineer
and shall be uniformly spread as to provide a thickness of approximately
2 inches when first spread over the area. The straw mulch shall be held
in place by the application of an emulsified asphalt applied with a
pressure sprayer at the rate of approximately .05 gallon per square
yard.
The Contractor should note that all areas disturbed by the construction
behind the curb and gutter are to be topsoiled, seeded, fertilized and
straw mulched.
U. Rock Riprap. The plans show the areas requiring rock riprap. Ditches
shall, be lined with rock riprap from the end of each end of all culverts
up or downstream for a distance of 6 feet 0 inches, and up the ditch
slopes for a distance of 2 feet 0 inches vertically. The rock shall
then be hand placed using rock of various sizes and dimensions to
provide a uniform finished surface. A small trench shall be excavated
around the outside perimeter of the riprapped area to provide for a
rock thickness of approximately 8 inches. All other riprapped areas
shall have a rock thickness of at least 6 inches.
V. Pipe Culverts and Storm Drains. The plans show the lengths and sizes of
the reinforced concrete pipe to be used and the locations where their
installation is required.
Pipe culverts under the street shall be so placed that the minimum depth
of cover at the shoulder shall be not less than one foot.
Backfilling around the pipe shall be done with SB-2 base material, as
directed by the Engineer.
W. Manholes, Valve Boxes Adjusted to Grade. The plans show the location and
approximate elevation of existing manholes and valve boxes to be adjusted.
The Contractor shall adjust the elevation to coincide with the finished
grade as established after the placing and compacting of the subbase and
base material and prior to the placing of the hot -mix asphalt surface.
The plans show the details of the valve box adjustment. However, since
the manholes may be different at each location, the Contractor shall
determine the individual modifications necessary to adjust these manholes
to grade, as directed by the Engineer.
X. Cleanup. All work within the construction area shall be cleaned up to
the satisfaction of the Owner and the Engineer. In general, all rocks,
trash, or rubbish of any nature shall be removed from the site of the
work. The new streets shall be swept clean of mud, dirt and other
materials.
Special attention shall be given to the cleanup, smooth grading of the
areas back of the sidewalks and curbing, and replacing gravel driveways
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to fit the new pavement grades with a minimum of 4 inches of SB-2
material, all of these items being difficult to measure, define or
compute.
Y. Miscellaneous Items.
1. Detours and Access to Homes. During street construction the
Contractor may close the street to through traffic. However,
the Contractor shall maintain the construction site in such a
manner as to provide reasonable access by homeowners and
emergency vehicles.
2. Construction Staking. The Engineer will set grade and alignment
stakes at 50 -foot intervals back of the curb on one side of the
street. The Contractor will be responsible for transferring data
across the street to the opposite curb.
The Engineer will require five days notice prior to setting the
construction stakes.
All stakes destroyed by the Contractor shall be replaced by the
Contractor at his expense, subject to checking by the Engineer,
also at the Contractor's expense.
Z. Watering. The specifications on seeding and sodding call for certain
regular applications of water. The City of Fayetteville has available
fire hydrants through which water may be purchased near the individual
streets.
There is no direct pay item for water. It shall be considered subsidiary
to other items.
AA. Compaction of Subgrade Under Sidewalks. After the excavation is completed
but before forms are set, the area under all sidewalks shall be compacted
by mechanical compaction equipment approved by the Engineer. The com-
• paction requirements under sidewalks are the same as under streets. If,
in the opinion of the Engineer, density tests are required to determine
if adequate compaction is present, these tests will be run and all
expenses resulting will be borne by the Contractor. This also includes
the cost of determining the modified Proctors.
BB. Sidewalks. Nonreinforced Portland cement concrete sidewalks shall be
constructed at the locations and to the dimensions shown on the plans.
The thickness shall be a minimum of 4 inches, and contraction joints
shall be either formed or sawed at a spacing of not more than the width
of the sidewalk.,
Redwood expansion joints shall be placed at no greater than 25 -foot
intervals. Expansion joints shall be placed between the sides of the
walks and adjacent curb pavement or other structures. This space shall
be filled with approved joint sealer.
The finish shall be a light broom finish.
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19. METHODS OF MEASUREMENT AND PAYMENT. Methods of measurement and payment
as set out in the General Specifications covering the various items of con-
struction are hereby clarified and superseded as set out herein. Wherever
they are not clarified or superseded herein, methods of payment as provided
in the General Specifications or the applicable section of the Detailed
Specifications shall prevail.
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Payment for all work under each separate Contract Section shall be made at the
unit or lump sum prices bid under the various items of each Bid as hereinafter
set out.
CONTRACT SECTION V
Item 1 - Site Preparation, Combs Avenue. Payment for site preparation on
Combs Avenue will be made in accordance with the lump sum price bid under
this item. The following list includes the items of work which may be
required which will be paid for under this item: site preparation; clearing
and grubbing; excavation and. fill; shaping and compacting subgrade; ripping -
up of existing pavement and/or base; undercutting; removal and replacement of
signs, mailboxes, culverts, steps, fences, etc; and every other item.not
specifically compensated for under other items.
4
Item 2 - Compacted SB±2 Base Material. Payment for compacted crushed stone
base material will be made in accordance with the unit price bid per ton,
complete in place. The material will be used as directed by the Engineer.
Measurement shall be by delivery tickets furnished and initialed by the
Engineer's representative at the location the material is to be used.
Item 3 - 2 -Inch Asphaltic Concrete Hot -Mix Surface Course.. Asphaltic concrete
' shall be compensated for in accordance with the unit'price bid per ton,
complete and all in place. The bid price shall include the furnishing and
placement of prime coat as specified. The tonnage shall be determined by
t approved weight tickets from the batching plant initialed by the Engineer's
representative at the time of delivery.
Item 4 - Concrete Curb and Gutter. Payment for 8 -inch concrete curb and gutter
' will be made in accordance with the unit price bid per linear foot, complete
in place. The price bid shall include every item of work and material required
for a complete installation. Deductions in the length of concrete curb and
' gutter will be made for space occupied by drop inlets and other drainage
structures.
' Item 5 - Nonreinforced Portland Cement Concrete Sidewalk. Payment will be
made for the furnishing and placement of nonreinforced Portland cement concrete
sidewalk a minimum of 4 inches in thickness in accordance with the price bid
per square yard, complete in place. This price shall include full compen-
t sation for the furnishing of all materials, excavation, forming, placement of
concrete, finishing, curing, and all other incidentals necessary to complete
the work.
' Item 6 - 6 -Inch Nonreinforced Portland Cement Concrete Driveway Repair. Payment
shall be made in accordance with the unit price bid per square yard, complete
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in place. This price shall be full compensation for the preparation of
subgrade, forming, placement of concrete, finishing, curing and all other
related items of work.
This
Item 7 - Adjustment
Manholesflt will be manholesmtoein gradeccor once
with the unit p bid eachforthe
adjusting manholes, for excavation and
price shall be full compensation r rtools, equipment and incidentals
backfill, and for all materials, labor,
necessary to complete the work.
Fertilizin and Mulchin . Payment will be made
Item 8 - a soflinnce with unit the uninit price bid per square yard for the furnishing and
placement of 3 inches. of to
in accordapfertilizing and straw mulching.
Bois, iondf
This price shall be full compensation for all materials, labor, tools, equip-
ment and incidentals necessary to complete the work.
Watering shall be considered subsidiary to seeding. There will be no additional
compensation for watering.
CONTRACT SECTION VI
Site Pre oration, Whillock Street. Payment for site preparation on
Item 1 be required
this illock Street will be malistnincludesnthe itemshoflworkswhipchlmayce bie under
item. The following
s clearing and grubbing;
which will be paid for under this item: site preparation; of sting
and compacting subgraderipping-up up exii; g stingxes,
excavation and fill; shaping removal and replacement of signs,
fences, etc.; and every other item not specifically compensated
mpavement and/or base; undercutting;
culverts, steps,
for under other items.
Item 2 - compacted SB-2 Base Material. Payment for compacted crushed stone
base material will be made in accordance with the unit price bid per ton,
complete in place. The material will be used as directed by the Engineer.
Measurement shall be by delivery tickets furnished and initialed by the
Engineer's representative at the location the material is to be used.
Item 3 - 2 -Inch As haltic Concrete Hot Mix Surface Course.
Asphaltic concrete
id per ton,
shall be compensated for in accordance with
the
unit
iitlpricthee
b furnishing and
complete and all in place. The bid price shall
placement of prime coat as specified. The tonnage shall be detteined by Engineer's
approved weight tickets from the botching plant initialed by
representative at the time of delivery.
Ad'ustment of Manholes to Grade. Payment will be made in accordance
Item 4tadjustment of manholes to grade. This
with the unit price bid each for for
r ustng manholes, for excavation and
price shalanbefor lall materials, labor, tools, equipment and incidentals
backfill,
necessary to complete the work.
Reinforced Class A Concrete. Payment will be made for the furnishing
Item 5 price bid
and placement of reinforced Class A concrete in accordance with the
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per cubic yard, complete in place. This price shall be full compensation for
the furnishing of all materials, forming, placement of concrete, placement of
reinforcing steel, finishing, curing, and other related work necessary to
complete the work.
This item is specifically for headwalls and aprons on pipe culverts and as
directed by the Engineer. No other concrete such as for the construction of
drop inlet boxes, box culverts, concrete pavement, etc., will be compensated
for under this item. ;
CONTRACT SECTION VII
Item 1 - Site Preparation, East Farmers Street. Payment for site preparation
on East Farmers Street will be made in accordance with the lump sum price bid
under this item. The following list includes the items of work which may be
required which will be paid for under this item: site preparation; clearing
and grubbing; excavation and fill; shaping and compacting subgrade; ripping -up
of existing pavement and/or base; undercutting; removal and replacement of
signs, mailboxes, culverts, steps, fences, etc.; and every other item not
specifically compensated for under other items.
Item 2 - Compacted SB-2 Base Material. Payment for compacted crushed stone
base material will be made in accordance with the unit price bid per ton,
complete in place. The material will be used as directed by the Engineer.
Measurement shall be by delivery tickets furnished and initialed by the
Engineer's representative at the location the material is to be used.
Item 3 - 2 -Inch Asphaltic Concrete Hot -Mix Surface Course. Asphaltic concrete
shall be compensated for in accordance with the unit price bid per ton, com-
plete and all in place. The bid price shall include the furnishing and
placement of prime coat as specified. The tonnage shall be determined by
approved weight tickets from the batching plant initialed by the Engineer's
representative at the time of delivery.
Item 4 - Concrete Curb and Gutter. Payment for 8 -inch
will be made in accordance with the unit price bid per
place. The price bid shall include every item of work
for complete installation. Deductions in the length
gutter will be made for space occupied by drop inlets
structures.
concrete curb and gutter
linear foot, complete in
and material required
of concrete curb and
and other drainage
Item 5 - Nonreinforced Portland Cement Concrete Sidewalk. Payment will be
made for the furnishing and placement of nonreinforced Portland cement concrete
sidewalk a minimum of.4 inches in thickness in accordance with the price bid
per square yard, complete in place. This price shall include full compensation
' for the furnishing of all materials, excavation, forming, placement of concrete,
finishing, curing, and all other incidentals necessary to complete the work.
Item 6 - 6 -Inch Nonreinforced Portland Cement Concrete Driveway Repair. Payment
' shall be made in accordance with the unit price bid per square yard, complete
in place. This price shall be full compensation for the preparation of subgrade,
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forming, placement of concrete, finishing, curing and all other related items
of work.
Item 7 Topsoiling Seeding Fertilizing and Mulching. Payment will be made
in accordance with the unit price bid per square yard for the furnishing and
' placement of 3 inches of topsoil, seeding, fertilizing and straw mulching.
This price shall be full compensation for all materials, labor, tools, equip-
ment and incidentals necessary to complete the work.
' Watering shall be considered subsidiary to seeding. There will be no additional
compensation for watering.
Item 8 - Single Bay 6 -Foot by 3 -Foot Concrete Box Culvert. Payment will be made
in accordance with the lump sum price bid for the single bay 6 -foot by 3 -foot
reinforced concrete box culvert, complete in place. This includes all concrete,
' reinforcing steel, excavation and fill, removal and disposal of existing concrete
box culvert, installation and painting of handrail, etc., for a complete installa
tion as shown on the plans.
Also included in this pay item will be the placement of rock riprap in the areas
shown on the plans.
Item 9 Type "A" Concrete Drop Inlet Box. Payment will be made in accordance
with the unit price bid each for Type "A" drop inlet boxes. This price shall
be full compensation for constructing the drop inlet box; for furnishing,
' installing and painting the rings and covers and frames; for excavation and
backfill; and for all materials, labor, tools,
equipment
tuand iincidentals
als any
necessary to complete the work. This pay item also
reinforcement steel required.
Item 10 18 Inch Reinforced Concrete Storm Sewer Pipe. Payment for 18 -inch
reinforced concrete storm sewer pipe shall be made for the linear feet of pipe
' installed as shown on the plans. The price bid shall include every item of
work necessary to install the pipe, including rock excavation, if any;
common excavation; bedding of the pipe; and backfilling the entire excavated
' area. Payment for SB-2 trench backfill will be made under that specific item.
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' 20. FINAL INSPECTION AND ESTABLISHMENT OF WARRANTY PERIOD. The final inspection
shall be made by the Engineer or his chief assistant, the Contractor or one of
the principal owners of the contracting firm, and a representative of the City
of Fayetteville.
Upon acceptance of the work, a date will be set out in writing by the Engineer
which will establish the beginning of the one (1) year warranty period.
The final acceptance of the job and the payment in full to the Contractor will
' not reduce the continuing responsibility of the Contractor as set out in these
specifications.
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