HomeMy WebLinkAbout99-80 RESOLUTIONRESOLUTION NO.
r 1
0
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CHANGE ORDER IN THE CITY'S STREET
CONSTRUCTION CONTRACT WITH McCLINTON ANCHOR CONSTRUCTION
COMPANY TO PROVIDE FOR THE PAVING OF 7th STREET FROM
CHURCH TO LOCUST.
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 change order in the City's street
paving contract with McClinton Anchor Construction Company
to provide for the paving of 7th Street from Church to Locust.
A copy of the change order authorized for execution hereby
is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this /i,i/ day of SpreAel
1980.
ATTEST:
Lit-WI/Yu 9WittLO,
CITY CLERK
APPROVED:
MAYOR
MICROFILMED
CERTIFICATE Or RECORD
State of Arkansas
City of Fayetteville ( SS
I, Bonnie -Goering, ;;y Cl.;,k a;.d Ex-Offici
recorder for the City of F aycttevi:le, do here-
by certify that the annexed er foregoing
of record in my office and the same ap-
pears in Ordinance el Resolution bool:
at page.' _ Witness cep
hand and seal this /9'1A- dew &'
,�2fs�°'' .II ClaJ 19 c70
U,1.cnC1n. �Qp��Q�
City Clerk and E:;-Offi.i • •
4
/i9El
• leD- a- /1
MICROFILMEO
ACCEPfEDD-- above prices and specifications of this Change Order are satisfactory and
are hereby accepted. All work to be performed under sar e terms and conditions as specified
in original contract unless otherwise stipulated.
Date
'chard Mason, 'rector
H°ME
oLi3o)C5
...
,
,....
Milholland Engineering &Surveying .• ':,
25 East Center Street .. `' •
FAYETTEVILLE, ARKANSAS 72701
Phone 443-4724
TO _
McClinton -Anchor Company
CHANGE ORDER NO -
3 -
ADDRESS
Fayetteville, Arkansas
DATE
9-19-80
PHONE
JOB NAME AND LOCATION. "
7th Street, Fayetteville, Arkansas -
JOB NUMBER -
-
-
Community Development Department :
DATE OF EXISTING CONTRACT
Incorporate into contract with the C -D Department,_City of
FayetEevillerPfoject.Nd 7999_10,__that;portion_of 7th_ -
Street itemized as "Alternate Deduct No. 1" in original.
ect..proposal_a unit lump .sumlisted in
__pro.] -and _prices
said alternate deduct. Alsop construction time shall
__remain the. same as stipulated
tract • (Copy of "Alternate
in_said__proposal_ and con-
Deduct No. 1" attached)..
Note: This revision becomes part of, and in conformance with, the existing contract
WE AGREE hereby to make changes as specified above. at this price
$ •7Gr 93s
oc
a�
/n -
Date �. — iv • .. . -
PREVIOUS
CONTRACT
AMOUNT
$
_
`
\
arr —.r PP--, ..,
REVISED
CONTRACT
TOTAL
$
(
McC1' • qn-Anc
horized gnature)l
or company
ACCEPfEDD-- above prices and specifications of this Change Order are satisfactory and
are hereby accepted. All work to be performed under sar e terms and conditions as specified
in original contract unless otherwise stipulated.
Date
'chard Mason, 'rector
•
•
I1111111111111111111fu Ji 1111110llllllUhIl11111l111111l1111111110lHilll1111l11111111111111111l11111ITU
Community Development Project
No. 7909-10 =_
"STREET & STORM DRAINAGE IMPROVEMENTS"
(7th St" Sherman Ave., & 5th St.) =_
•City of Fayetteville, Arkansas EE
•
•
•
517
MICROFILMED
•
INSURANCE COMPANY OF NORTH AMERICA
PIIILADELPIIIA PENNSYLVANIA
Proposal or Bid Bond
KNOW ALL MEN BY THESE PRESENTS, THAT WE
MCCLINTON-ANCHOR COMPANY, DIVISION OF ASHLAND -WARREN, INC.
as principal, and the INSURANCE COMPANY OF NORTH AMERICA, a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, having its principal place of business at Philadelphia, Pa., as surety, are held
and firmly bound unto
CITY OF FAYETTEVILLE, ARKANSAS
as obligee, in the penal sum of FIVE PER CENT OF AMOUNT BID
DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
SIGNED, sealed and dated this 21st day of May A. D. 19 80
WHEREAS, the said principal is herewith submitting proposal for
PROJ. 7909-10
STREET & DRAINAGE IMPROVEMENTS, EAST 5TH STREET, WEST
7TH STREET AND SHERMAN AVENUE, FAYETTEVILLE, ARKANSAS
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the
contract, the said principal will within the period specified therefor, or, if no period be specified, within ten (10) days
after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this
obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money
between the amount of the bid of the said principal and the amount for which the obligee may legally contract with
another party to perform the work if the latter amount be in excess of the former; in no event shall the liability hereunder
exceed the penal sum hereof.
PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any suits at law or proceedings in equity
brought or to be brought against the Surety to recover any claim hereunder must be instituted and service had upon the
Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee.
McCLINTON-ANCHOR COMPANY, DIVISION OF
ASHLAND -WARREN, INC. -,
BY:
egilq&
INSUR y( E COMPANYQ-F NORTH ERIC
�. C=: G�-6C/
East, Jr., Attor-Fact
RS -1946 PRINTED IN US.A.
111
j-(SFNotary Public.
commission expires August 13, 1979
hundersigned, AssistarIl Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that
OWER OF ATTORNEY, of which the foregoing is a full, true and correct is in full force and effect.
tness whereof, I have hereunto subscribed my name as Assistant Secreta »' an affixed the corporate seal
ration, this 21St day of M
{
IIVJUKH[NLC Lt.Jsvlrnn 1 t,r IVVn 111
PHILADEUPHIA, PA.
Know all men by these presents: Thai INSURANCE COMPANY OF NORTH AMERICA,
a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia,
Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors - of the said Company
on May 28, 1975, to wit:
-RESOLVED; pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of
bonds, undertakings, recognizances, contracts and other writings In the nature thereof:
(1) That the President, or any Vice -President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute for
and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the
same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the
Company affixed thereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident
Assistant Secretaries and Attorneys -in -fart 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. ;,r
•
(2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed
by the President and attested by the Secretary.
(31 The signature of the President or a Vice -President and the seal of the Company may be affixed by.facsimile on any power of
attorney granted pursuant lo this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by
facsimile to any certificate of any such power, and any such power or certificate hearing such facsimile signature and seal shall be valid
and binding on the Company.
(4) Such Resident Officers and Mlnrneys-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 lune 9,
1953...
does hereby nominate, constitute and appoint JACK EAST, JACK EAST, JR. JAMES E. DANIEL,
DONALD R. HENDERSON and JUDY PRANKS, all of the City of Little Rock, State of
Arkansas a
, each individually if there be more than one named,
its true and lalvful 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.DBAXv Vice -President,
has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF
NORTH AMERICA this lat • day of July 19 76..-..•
(SEAL)
INSURANCE COMPANY OF NORTH AMERICA
by C. D.AN.IEL..DRAKE
Vice -President
S1ATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
.. On this 1st day of duly , A. D. 19 7fi before me, a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came
G....DANIEL ..DRAKE - 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 ofPhiladelphia,
the day and year first above written. .
MUREEN...$CUEkL
aa-tc 7/75 PtIntrd'-
ssistanl Secretary
Milholland &
205 West Cent
Fayetteville,
Gentlemen:
GENERAL OFFICE 5714550
Associates, Inc.
er
Arkansas 72701
5011 1367. FAYETTEVAEE. ARKANSAS 12701
May 21, 1980
RE: Street & Drainage Improvements
Community Development
City of Fayetteville
Project No. 7909-10
•
Due to the longevity of our company which has been
continuously in business since 1947 and because of our
corporate experience, we make the following statement.
In the past 32 years we have completed approximately
6,500 projects which includes federal, state, city and
private work. Our volume is in excess of 10 million per year.
As to equipment, we have available all necessary equip-
ment for any size ,lob at any time.
As to the laboratory engineers which will service this
job, it will be Northwest Engineers and Laboratory, 505 W. Ash,
Fayetteville, AR, phone 443-4535.
If any further information is required or needed, please
contact our office at P.O. Box 1367, Fayetteville, AR, phone 521-3550.
Sincerely,
•
C.K. j6nes,/Vice President
McCLINTONyANCHOR COMPANY
DiviSlen' of Ashland -Warren, Inc.
CKJ/csh
JX JS#
R. R.L.S. NO. 648
AR. P.E. NO. 3825
OKLA P E NO. 10740
OKLA R L S NO. 1038
1.
2-. 2" Hot mix with 6" SB -2
Aisth:ateds, S.
4vtheerthy andtfunicou:y
205 WEST CENTER
FAVETTEVILLE. ARKANSAS 72701
(501) 443-4724
May 12,'1980
ALTERNATE DEDUCTIONS No. 1 - UNITS ITEMIZED:
Curb and Cutter
LI 90
lis
•
0015dat % renlalgaiI6
AR. R.I.S. NO. 852
MO. R.L.S. NO. 1816
Earthwork Volume: 53
a. Cut
3.0�
b. Fill
•
4. Concrete reinforced drive ramps.
5. Concrete sidewalk
770°
1-V
6. Adjust sanitary sewer manhole
7. Adjust gate valve and box
/Cs op
S,S. 6C
8. Storm sewer:
a. Concrete drop inlets
AY
663-.0o
b. 18" C.M.P.
c. 15" R.C.P.
d. Remove and dispose of 12" R.C.P.
2.o.00
CLEARIFICATION NOTE:
3 0°
Asphalt prime of sub -base shall be incorporated into the bid
12 - .5th Street
12 - -Sherman.Avenue
13-b.:'-:7th;Street_. =:
•
723.7 L.F. 3,)eY-22
1,120.87 s.Y. $,01Y.22
378.0 L_Y. ai ya3 S
743.0 Truck ards Oc
3 ea, cfi .23/.01
1,380.5 S.F. (, 6w.y,
y95:00
3 each
1 each
SS. 00
2 each
43.0 L.F.
16.0 L.F.
13.0 L.F.
/,a10- 00
11 032 . 06
220. ou
(Approx.)
items numbered:
VL)n5 is to ftertifn t0
CERTIFICATE OF INSURANCE
Community Development
City of Fayetteville
Fayetteville, Arkansas
Dept.
72701
that the following described policy or policies, providing insurance only for hazards checked by "X" below, have been issued to:
Name and Address,
of Insured—
McClinton-Anchor Company
P.O. Box 1367
Fayetteville, AR 72701
covering in accordance with the terms thereof, at the following location(s):
TYPE OF POLICY
HAZARDS
POLICY,NUMBER
POLICY PERIOD
LIMITS OF LIABILITY
(a)
Standard Workmen's
Compensation
Employers' Liability
&
RSC—C14840953
•
12-1-79/80 & P.enewals
thereof to
12-1-82
Statutory W. C.
$ 500,000 One Accident and
Aggregate Disease
x
:5
(b)
c
t
General
Premises
"Incidental
on reverse
Elevators
IndependentID
Completed
Contractual,
scribed in
-
Liability
Operations,
Contracts"
of this
Contractors
Operations/Products
(Specific
footnote
•
(Including
as defined
form)
type as de-
below)
X❑
LAB 2 52 16
CAL 22 60 25
12-1-79/80
& Renewals
thereof to
12-1-82
$ Each Person
$ 1,000,000 Each ❑ Accident
Occurrence
•
82,000,000 A ate—Completed
ggreg
'Operations/Products
X
x
x
X
0 Accident
$ 1,000,000 Each ® Occurrence
$ 2,000,000 Aggregate—Prem./Oiler.
$ 2,000,000 Aggregate—Protective
$ 2,000,000 Aggregate—Completed
Operations/Products
$ 2,000,000 Aggregate—Contractual
12-1-79/80
& Renewals
thereof to
12-1-82
•
LAB 2 52 16
CAL 22 60 25
re
g
2
"
o
Q.
Premises Operations, (Including
"Incidental Contracts" as defined
on reverse of this form)
Elevators
Independent Contractors
Completed Operations/Products
Contractual, (Specific type as de-
scribed in footnote below)
X
x
x
x
v3
oz
03
(c)
Automobile
Owned Automobiles
Hired Automobiles
Liability
LAB 2 52 16
CAL 22 60 25
12-1-79/80
&Renewals
thereof to
12-1-82
$ Each Person
000 Each ❑ Accident '.
$ 1,000, ® Occurrence
fi
x
X
Non -owned Automobiles
0 Accident
$ 1,000,000 Each ® Occurrence
LAB 2 52 16
CAL 22 60 25
12-1-79/80
& Renewals
thereof to
12 3 82
X
Owned Automobiles
..).-4)0Il
of Hired Automobiles
ugNon-owned Automobiles
X
(d)
Contractual Footnote: Subject to all the policy terms applicable, specific contractual liability coverage is provided as respects ❑ a contract / ❑ purchase
order agreements / ❑ all contracts (check applicable blocks) between the Insured and:
Name of Other Party'
Dated (if applicable).
Description (or Job). St
Contract No (if any)•
& Drainage Improvements - Project #7909-10
It is the intention of the company that in the event of cancelation of the
policyorpolicies by the company, ten (10) days' written notice of such
ij cancelation will be given to you at the address stated above.
LC -354d
1. ORIGINAL
' (P7ISURANCfc COMPANY OF WEN AMERICA
rl
Authorized Representative
(OVER]
RESOLUTION NO. .;)04-41/6
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH McCLINTON ANCHOR COMPANY
FOR THE CONSTRUCTION OF IMPROVEMENTS TO FIFTH STREET,
SEVENTH STREET, AND SHERMAN AVENUE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a contract with McClinton Anchor Company
for the construction of improvements to Fifth Street, Seventh
Street and Sherman Avenue at a total contract price of
$181,772.99. A copy of the contract authorized for execution
hereby is attached hereto, marked Exhibit "A" and made a part
hereof.
PASSED AND APPROVED this d --day of
ATTEST:
APPROVED:
ASSISTANT MAYOR /
,1980.
CERTIFICATE Oirm RECORD
State of Arkansas ( SS
City of Fayetteville
I, 13onnie. Goering, City Clerk and ^«-Offici 1
recorder for the City of Fayatteviiie, do herr,
by certify that the annexed cc f<._c oin,ti
of record in my ofiica and the me
pears in Ordinance C? Resolution busk
(////
..t page itncss r..r;
hand and seal�this7"27419
day r,:
I97
J� .
City Clerk and Ex
•
"STREET AND DRAINAGE IMPROVEMENTS"
For
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF FAYETTEVILLE, ARKANSAS
PROJECT NO. 7909-10
PROJECT LOCATION:
East 5th Street
West 7th Street
Sherman Avenue
COMMUNITY DEVELOPMENT DEPARTMENT
DIRECTOR: Mr. Richard Mason
ADDRESS: 530 North College Avenue
Building "B"
Fayetteville, Arkansas 72701
TELEPHONE: 501-442-6657
MILHOLLAND COMPANY, ENGINEERING AND SURVEYING
ENGINEER: Mr. Melvin L. Milholland, P.E.
ADDRESS: 205 West Center
Fayetteville, Arkansas 72701
TELEPHONE: 501-443-4724
•
TABLE OE CONTENTS
Advertisement for Bide
Information for Bidders
Bid Bond
Bid for Unit Price or Lump Sum Contracts
Certification of Bidder Regarding Equal Employment. Opportunity
Certification by Proposed'Subcontractor Regarding Equal Employment
Opportunity
Certification of Bidcler, Concerning Labor Standards & Prevailing
Wage Requirements
Certification of Proposed Subcontractor Concerning Labor Standards
and Prevailing Wage Requirements
Contract
Bonding and Insurance Requirements (For Recipient Information Only)
Performance & Payment Bond (In Conformance with State Law)
Certificate of Owner's Attorney
General Conditions
Supplemental General Conditions
Form No.
4238-A
4238-B(R)
4238-E
4238-D
4238-C
4238 -CD -1
4238 -CD -2
1412
1422
4238-F
FMC 74-7
(B)
4238-J
4238-S(R)
4238-N(R)
Supplemental General Conditions - Special Equal Opportunity Provisions --Part 8
Supplemental -General Conditions - Certification of Compliance with Air
and Water Acts Part 9
Supplemental General Conditions - Special Conditions Pertaining to
Hazards L Part 10
Federal Wage Decision, Minimum Wage Rates
State Wage Determination, Minimum Wage Rates
Technical Specifications
HUD -4232-.. (-
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
•
ADVERTISEMENT FOR BIDS
roject No. 7909-10
City of Fayetteville, Arkansas
--(Owner)
Separate sealed bids for Street and Storm Drainage Improvements for
7634.42 S.Y. of Asphalt Street Surfacing, 6464.9 L.F. Concrete Curb and Gutter,
673.0 L.F. Storm Sewer Pipe, 15 each Drop Inlets and Junction Boxes, and other
miscellaneous work.
will be received by Community Development Director, Richard Mason, at the
office of Community Development, 530 North College, Building "B", Fayetteville, Ar.
until 10 o'clock (A.M.-XXX. . S.T. X D.S.T.) May 21. , 1980 and then at said
office publicly opened and read aloud.
The Information for Bidders. Form of Bid, Form of Contract, Plans, Speci-
fications, and Forms of Bid Bond, Performance and Payment Bond, and other contract
documents may be examined at the following:
Engineer's Office: Milholland Engineering and Surveying, Consulting Engineer
205 West Center
Fayetteville, Arkansas
Copies may be obtained at the officeof the. Engineer .. ..• located at
205 West Center, Fayettevillei Arkansas upon payment of $225.00 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 $00.00 .
The Owner reserves the right to waive any informalities or to reject any or
all bids.
Each bidder must deposit with his bid, security in the amount, form and sub-
ject to the conditions provided in the Information for Bidders.
Attention of bidders is particularly called to the requirements as to con-
ditions of employment to be observed and minimum wage rates to be paid under the
contract.
No bidder may withdraw his bid within 45 days after the actual date of the
opening thereof.
•
Date Richard Mason, C -D Director
i
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
•
INFORMATION FOR BIDDERS
1. Receipt and Opening of Bids
The
City of Fayetteville, Arkansas
HUD -4238-8(R)
the "Owner"), invites, bids on the form
(herein called
attached hereto, all blanks of which
must be appropiately filled in. Bids will be received by the Owner at the
office of Community Development Department until 10:00
o'clock A.MXECFK, DST )04WDST May 21 , 19 80 , and then at
said office publicly opened and read aloud.
bids must be sealed, addressed t
The envelopes containing the
o Community Development Dept., City of Fayette -
villeat 530 N. College, Fayetteville, Ar. 72701 and designated as Bid for
"Street & Drainage Improvements"
•
The Owner may consider informal any bid not prepared and submitted in
accordance with the provision 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 45 days after the actual date of the
opening thereof.
2. Preparation of Bid
Each bid must be submitted on the prescribed form and accompanied by
Certification by Bidder Regarding Equal Employment Opportunity, Form HUD -
4238 -CD -1, and Certification by Bidder (Contractor), concerning Labor
Standards and Prevailing Wage Requirements, Form HUD -1421. All blank spaces
for bid prices must be filled 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. Use submit Form HUD -4238 -CD -2, Certification by Proposed Subcontractor
Regarding Equal Employment Opportunity and Certification by Proposed
Subcontractor Concerning Labor Standards and Prevailing Wage Require-
ments, Form HUD -1422. Approval of the proposed subcontract award can-
not be given by the Owner unless and until the proposed subcontractor
has submitted the Certifications and/or other evidence showing that it
has fully complied with any reporting requirements to which it is or
was subject. Although the bidder is not required tq attach such
Certifications by proposed subcontractors to his bid, the bidder is
here advised of this. requirement so that the appropriate action can
be taken to prevent subsequent delay tn'subcontract award's.'
4. Telegraphic Modification
Any bidder may modify his bid by telegraphic communication at any time prior
to the scheduled closing time for receipt of bids, provided such telegraphic
communication is received by the. Owner prior to the closing time, and,.
provided further, the Owner is satisfied that a written confirmation of the
telegraphic modification over the signature of the bidder was mailed prior
to the closing time. The telegraphic communication should not reveal the bid
price but should provide the 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)g'
Street and Drainage Improvements
43.
6. Qualifications of Bidder
The Owner may make such investigations as he deems necessary to determine the
ability of the bidder to perform the work, and the bidder shall furnish to the
Owner all such information and data for this purpose as the Owner may request.
The Owner reserves the right to reject any bid if the evidence submittted by,
or investigation of, such bidder fails to satisfy the Owner that such bidder
is properly qualified to carry out the obligations of the contract and to
complete the work contemplated therein. Conditional bids will not be accepted.
7. Bid Security
Each bid must be accompanied by cash, certified check of the bidder, or a bid
bond prepared on the form of bid bond attached hereto, duly executed by the
bidder as principal and having as surety thereon a surety company approved by
the Owner, in the amount of 57. of the bid. Such cash, checks or bid bonds
will be returned to all except the three lowest bidders within three days
after the opening of bide, and the remaining cash, checks, or bid bonds will
be returned promptly after the Owner and the accepted bidder have executed
•
•
igoim
the contract, or, if no award has been made within41)days after the date
of the opening of bide, upon demand of,the bidder at any time thereafter
so long as he has not been notified of the acceptance of his bid.
8. Liquidated Damages for Failure to Enter into Contract
The successful bidder, upon his failure or refusal to execute and deliver the
contract and bonds required within 10 days after he has received notice of the
acceptance of his bid, shall forfeit to the Owner, as liquidated damages for •
such failure or refusal, the security deposited with his bid.
9. Time of Completion and Liquidated Damages
Bidder must agree to commence work on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project
within 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 work of any other contractor.
11. Addenda and Interpretations
No interpretation of the meaning of the plans, specifications or other pre-bid
documents will be made to any bidder orally.
Every request for such interpretation should be in writing addressed to
Milholland Engineering & Surveying at205 W. Center, Fayetteville, Ar.
and to be given consideration must be received at least five days prior to the
date fixed for the opening of bids. Any and all such interpretations and any
supplemental instructions will be in the form of written addenda to the speci-
fications which, if issued, will be mailed by certified mail with return re-
ceipt requested to all prospective bidders (at the respective addresses fur-
nished for such purposes), not later than three days prior to the date fixed
for the opening of bids. Failure of any bidder to receive any such addendum
or interpretation shall not relieve such bidder from any obligation under
his bid as submitted. All addenda so issued shall become part of the contract
documents.
12. Security for Faithful Performance
Simultaneously with his delivery of the executed contract, the Contractor shall
furnish a surety bond or bonds as security for faithful performance of this
contract and for the payment of all persons performing labor on the project
under this contract and furnishing material° 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, dated copy. of. their.power,of. attorney.
'14 Notice of Special Conditions
•
Attention is particularly called to those par.ts.of,,the,contract documents and
specifications which deal with the following,:, I, i, . ; t,
(a)
(b)
(c)
(d)
Inspection and testing of materials.,;., H;.
Insurance requirements.
Wage rates. ,
Stated allowances.
15. Laws and Regulation s
.r.
The bidder's attention is directed to the fact that all applicable State
laws, municipal ordinances,and the rules and regulations of all authorities
having. jurisdiction over construction of the project shall apply to the
contract throughout, and they will be deemed to be included in the contract
the same as though herein written out in full.
16. Method of Award - Lowest Qualified Bidder
If at the time this contract is to be awarded, the lowest base lid 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 deductible alternates applied in numerical order in which they are
listed in the Form of Bid, as produces a net amount which is within the
available funds.
17. Obligation of Bidder
At the time of the opening of bids each bidder will be presumed to have 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.
•
•
Supplement to Form,HUD-4238-B(R)
INFORMATION FOR'ABIDDERS:
18. SAFETY STANDARDS AND.ACCIDENT.PREVENTION
With respect to all work performed„uixder this contract, the contractor shall:
1., Comply with the safety Standards provisions of applicable laws,
building and construction codes and the "Manual of Accident Prevention in
Construction" published by the Associated General Contractors of America,
the requirements of the Occupational Safety and Health Act of 1970 (Public
Law 91-596), and the requirements of Title 29 of the Code of Federal
Regulations, Section 1518 as published in the "Federal Register", Volume
36, No. 75, 'Saturday, April 17, 1971.
11 N..1 .I
,ni 1. ,•i. :1,.. •.i'
2. Exercise every precaution at all times for the prevention of accidents
and the protectionof persons:(including employees) and ptoperty.
3. Maintain at his•office or other well known place at thejob site, all
articles necessary for giving first aid to the injured, and shall make
standing arrangements for the immediate removal to a hospital or a doctorts
care of persons•(including employees), who may be injured on the job site.,
In no case shall employees be permitted t000rk at ajob site before the
employer has made a standing arrangement fop removal, of, injured persons
to a hospital or a doctor's care.
HUD -4238-E
U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (2-66)
(Formerly CFA -238-E)
BID BOND"' •
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
held and firmly bound unto
in the penalsum of
as. Principal, and
as Surety, are hereby
•
as owner
for the payment of which, well and truly to be made, we,hereby jointly and sever-
ally bind ourselves, our heirs, executors, administrators, successors and assigns.
Signed, this day of , 19' .
The condition of the above obligation is such that whereas the Pringipal has
submitted to a certain Bid,
attached hereto and herehy,madeia part hereof,,to,enter into,a contract in writing,
for the •
. . .
NOW, THEREFOR,
(a)
(b)
If said Bid shall be rejected, or in the alternate,
If said Bid shall be accepted and the Principal shall execute and deliver
a contract in the Form of Contract attached hereto (properly completed
in accordance with said Bid) and shall furnish a bond for his faithful
performance of said contract, and for the payment of all persons perform-
ing lobor or furnishing materials in connection therewith, and shall in
all other respects perform the agreement created by the acceptance of
said Bid,
then this obligation shall be void, otherwise the same shall remain in force and
effect; it being expressly understood and agreed that the liability of the Surety
for any and all claims hereunder shall, in no event, exceed the penal amount of
this obligation as herein stated.
•
•
•
•
•
The Surety, for valuer received, hereby stipulates and agrees that the '
obligations of said Surety and its bond shall be in no way impaired or affected
by any extension of the time within which the Owner may accept such Bid; and
said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their
hands and seals, and such of them -as are. corporations have caused,their corporate
seals to be hereto affixed and:these presents to be signed by their proper
officers, the,.day_ and year_ first,.,set.forth above... . - !if
,.,•
(LOS.)
SEAL By:
(Principal)
. .1
Surety)1''' "'
ry
•
•
s.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPM±NT
•
BID FOR UNIT PRICE CONTRACTS
MrCLINTON-ANCHOp Cd.
layh(Vn Of Ashland•Wercen, Inc
Proposal of
r
Place FAtLnnVIGeF_, PAK .'
Date . Mn'( 721, )9S'()
Project No. !909'19 ,
(hereinafter
called "Bidder")* a corporation, organized and existing under the lawn of the:
t 0 >?TIo
State of 1) E L A W A R. ,* a Go. orM an individual doing
Business as '
"`T0:the CML
oMkNirti VeF
l. VELdpMNi � BDEP r (hereinafter called "Owner")
,+Gentlemen.
'The Bidder, in compliance with your. invitation for bids for the construction
• of a SYR_;-irr fit.. r
fid SS7. TN
T_
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 .ail 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 .sun of $ 100.00. ' for each consecutive calendar day
thereafter as hereinafter provided'in Paragraph 19 of the General Conditions.
Bidder -acknowledges receipt*"the: following addendum:
•
n ci . r. cGfcn Ict CRT/ eel" L111/1S10N 22 S/S' g0
Insert corporationpartnership 6* individual as applicable.
,UD -4238D (2-69) Replaces .Hes' CFA-238=Darhich ie. obsolete
k
•
♦.uu[� W,�12
Bidder agrees to perform all the Street and Drainage Improvements
work described in the specifications and shown on the plans, for this proportion
of work for the following unit and lump sum prices:
•
CONSTRUCTION BID ITEMS
H. i
•
I,�
FIFTH (5th) STREET
1. Relocation of mailboxes to street right-of-way - 15 each @_
By Owner or Resident ($ ) per each. $ N/C
2. Remove existing driveways and drainage tiles, per plans, approx.
111 L.F. @ Ywp Potgj ≤
$o CENTS ($ X7, .00 ) per Lump Sum.
$ os22.00
3. Construction earthwork, in accordance with plans and speci-
fications for said project:
•
a. Clearing, grubbing, disposing, backfilj. and back -
sloping, and unclassified excavation - approx. 867.0 C.Y.
@ T I/F Tull,; (AMO roue_ 1-/iuif/JfA fir NTY.• riuL
CLA2s 1'4u C t r+T S ($ t . U ) per Lump Sum.
$ SYs15.00
Ir
* b. Compacted in place "Hillside" base material per signed
Truck Tickets---- 2,515.0 Truck Yards @
T) -k.. Q,L(,yipS Io (yu`• L$ 3.OO ) per Truck Yard.
S 'I, SyS 60
• c. Backfill and backsloping with excavated materials, in
Item "a" above, is a subsidiary item to Item "a."
4. Relocate street signs - 2 each @ By City of Fayetteville -
Traffic Department ($ ) per each. $ N/C
5. Relocate electrical power pole - 1 each @ By Ozark
Electric Coop. Corporation ($ ) per. each. $ N/C
6. Relocate telephone. cable boxes - 1 each @ By Southwestern
Bell Telephone Company ($ ) per each. $ N/C
7. Adjust sanitary sewer manhole ring to grade - 4 each @ GNG
!4,(A,N (ZPf) Slx rn- iIVF_ D0unei$ i(eS.00 ) per each. $ ��oO.QO
No L £ Nl'i
8. Storm sewer construction per plans:
a. Construct reinforced concrete headwall with splash
pad -3 each @ rIUS HtXMr tza T111CIVT- Ywo iotLAl
FIFTM CENTS. ($ 58•50 ) per each. $ rrc� /- Sn
*NOTE: Truck Tickets must be signed by Engineer's representative
with date,, station location, and use purpose.
4J
(5th Street Bid Items con't.)
b, Construct reinforced drop inlets with metal ring
and lid - 4 each @ sl �c )-LN nILCRMND [,0g
DOLL NRS ape CFN7f _($ ) per each. $ a,'n o . oo
c. Install 24" reinforced concrete pipe - 50 L.F. @
TW£Ngy- sx PuLLA/lS ($ ar _.--) per L.F. $
►0.o C f.tti
d. Install 24" x 24" reinforced concrete tees - 2 each
� f NTS ($ (.S'D•CJ0 ) per each. $ 1. 300.60 I
9. Construct to
grade
2' wide concrete curb
and
gutter -
2,164.1 L.F.
@ Fc
ui% Dot RS- Auo
cO2J- -
•
10. Construct
@ ONO
($ Y. y0 ) per L.F.
k
• wide concrete sidewalk per plans -,3,865.3 S.F.
3c>LLAR ANo T%,rFNTv-Ion€ CENTS /� /
__ r� ) per S.F. $ /7 Q/
11. Construct 4" thick reinforced concrete drive ramps - 14 each
@ $6vp ny-SEvrw `pvLLi n Wv CEnr'a
($ Y/%• 00 ) per each.$ O 00
12. Construct street surface with 2" asphaltic cement with 6"
compacted SB-2 base per plans and specifications - 2,746.24 S.Y.
@ Qr\1'rAl T) LLRR.S Amn F1GTF.EN1 Cf_Ni S
* 13. Compacted Sb-2
60 Tons @ 7
($ ) per S.Y. $ /9 6 2 I
in storm tile trenches under streets -
($ 10.00 ) per Ton. $ coo • Oo
SLTB-TOTAL - Fifth (5th) Street------------------------------------- $ .S6r0%a• I
*NOTE: Truck Tickets must be signed by Engineer's representative
with date, station location, and use purpose.
CONSTRUCTION BID ITEMS
c.
L.
SHERMAN AVENUE
1. Relocation of mailboxes to street right-of-way - 5 each @
By Owner or Resident ($ ___________)per each.
$ SIG
2. Remove existing driveways and drainage tiles, per plans - approx.
120 L.F. @ ,TWO Ht* -NO2 n V041 DoLc Qn s No t iri
($ 1&Oo ) per Lump Sum.$ c� ud OG
3. Construction earthwork, in accordance with plans and speci-
fications for said project:
a. Clearing, grubbing, disposing, backfill:and back -
sloping, and unclassified excavation - 4pprox. 406.0 C.Y.
rH,n.T`f' b -la {/_T r {7oLLMZ($ l53'o) �( po ) per Lump Sum.$
No CCSt%
'
* b. Compacted in place "Hillside" base material Per signed
Truck Tickets----- 1,730.0 Truck Yards @_ HRr)
3. oo ) per Truck Yard.
$ S,/90.00
c. Backfill and backsloping with excavated inateria-1s1 in
Item -"a" above, is -a subsidiary item to -Item- "a;"
4. Relocate street signs -'2 each @ By City of Fayetteville
Traffic Department ($ ) per each.
5. Relocate telephone cable boxes - 2 each @ By Southwestern
Bell,Telephone Company ($ ) per each.
6. Adjust to grade water main gate valve - 2 each @ F, FTY -
Fr ✓ t ttc, LAGS N b C cikrrl ($ 55, 00 ) per each.
7, 'tAdjust sanitary sewer manhole ring to grade - 4 each @ ONE
R"MQ M ) per each.
No c.ENrS
8. Storm sewer construction per plans:
a. Construct reinforced concrete drop_inlets - 2 each
Na cFpirs ($ fv05,1)6 ) per each.
*NOTE: Truck Tickets must be signed by Engineer's representative
with date, station location, and use purpose,
$ N/C
$ N/C
$ 11&Oo
s l,a o, do
(Sherman Avenue Bid Items can't.)
• b. Install 30" reinforced concrete pipe - 24 L.F. @
7Id12TY-T.d pjjLLp cS($ 3aQb ) per L.F. 66 7�]] �j
No C4NTS V______________
/ _ 0M0.
O•w
c. Install 2411 x 30" reinforced concrete tee - 1 each
@ SIX E)u.Nortgn SfyE1ury- Flui
to CENi3 ($ (97S•ap ) per each:
d. Install 24" reinforced concrete pipe - 5 L.F. @
?WENTY-SI:C 7 vu;L g)($ a.(s.OO ) per L.F.
No CENT $. i �t70G
e. Construct reinforced concrete headwall with splash
pad - 1 each @ iyE i1ttwo2Eo rwEwr4 -1Wo
UoIiJFa.t T� FT1 CFhrs ($ Sa.7,. 0 ) per each. $ s'ae� sro
9. Construct to grade 21 wide concrete curb and gutter -
1,203.30 L.F. @ FO(.&R ThLL14SL ANo FvnuTY CENTS- !J`
($ Loyo ) per L.F. $
10. Construct to grade 41 wide concrete sidewalk - 1,923.0 S.F. n
@GNE�T2oUAa*AN0TVJ5Nryc/f($ �.�( ) per S.F. $ a�3d�C
C • NTS
11. Construct 4" thick reinforced c ncrete drive ramps, per plans
and specifications - 8 each @ ££VENTY—SEVEAI p0tL n,
J'J CENTS ($ •1r7. 00 ) per each. $ 616•Do
12. Construct street surface 2" asphaltic cement with 6" SB-2
compacted base - 573.28 S.Y. @ S E V}F,.N O oLLR21
PtNn F,FTEEN CENTS ($7J5 ) per S.Y. $ yr099191
13. Construct to grade 6" thick concrete street surface -
1,022.22 S.Y. @ 1W I RTFEN D0LLA21 _A•N.n ¶&JEMTV
C&aiTS ($ it�n ) per S.Y.
14. Raise existing fire hydrant to grade - 1 each @ 7', EF
l�j.,lpnCn F,vrY-SEMEN DbALMxs 35'7.50 ) per Lump Sum
ANA F-1Fry cknrs
*15. Compacted SB-2 backfill in storm tile trenches under street -
50 Tons @ TEN DC)L.L&g.S No CENTc
($ (O.on - ) per Ton. $ So& iJ 0
• SUB -TOTAL - Sherman Avenue--------------- .---____-_-- $ 3 P1 73 Q.aO
*NOTE: %Truck Tickets must be signed by Engineer's representative
with date t�rt^x
.station location, and use ppppose.
TOTAL CONTRACT - &Fifth St. 6 Sherman Ave. Oniy)----------------- $
CONSTRUCTION BID ITEMS
�• SEVENTH (7th) STREET
1. Construction earthwork, in accordance with plane and speci-
fications for said project:
a.. Clearing, grubbing, disposing, backfill and back -
sloping, and unclassified excavation - approx. 1,333.0 C.Y.
@-EiyHT THcu-sAnk SEVEN - taPE,o VOLGA -2s
N v CENT1 ($ 00.00 ) per Lump Sum.$
* b. Compacted in place "Hillside" base material per signed Q+-`
rT�ruck Tickets - -- 3,645.0 Truck Yards @���E
IJriLuA2S do C _(7 ENr5 ($ 30 ) per Truck @_Y)1!?
EE
c. Backfill and backsloping with excavated materials, in
Item "a" above, is a subsidiary item to Item "a."
2. Relocate electrical power pole - 4 each @ By Southwestern
Electrical Power Company ($ ) per each. $ N/C
3. Relocate street signs - 8 each @ By City of Fayetteville
Traffic Department ($ ) per each. $ N/C
• 4, Relocate telephone cable boxes - 2 each @ By Southwestern
Bell TelephonCCompany ($ ) per each. $ N/C
• 5. Adjust to grade water main gate valve with box - 4 each @
Fl FT`t -P,vt oW gi No ,yiS t$ l$4 0(9 )per each. $
6. 1Adjust sanitary, sewer manhole ring to grade - 6 each @ ONE • PukNfS?.Fr> 3,xr`/-F,t'w P,&A2.4($) per, each. $990
/gy/pO. O0
No CENT:
• 7. Relocate two (2) fire hydrants (30 L.F. main, one (1) ell and
one (1) gate valve with box) per plans - 2 each @ (miC
:,-1gc%5.swyo FIFTY-cn DLLnA.S($ 1096.00 ) per each.
8. Remove and dispose of concrete curb and gutter - 44 L.F. @
Ttt�
, o V o UhRs- N0 CENTs ($ a �o ) per Lump Sum.$ Rg.00
9. Remove and dispose of concrete sidewalk - 22.5 S.F. @•
CigNTS ($ ) per Lump Sum.L90
*NOTE: Truck Tickets must be signed by Engineer's representative
with date, station location, and use purpose.
(7th Street Bid Items con't.)
10.
Construct reinforced concrete walk bridge per plans -
1 each @ 'TWO 'Yµ()L& +Nn 0.un THIRTY-F/VE ctCi11.S
N., CEirrs (U3s•o0 ) per Lump Sum. a.oS.yo
11. Construct 41 wide concrete walk per plans ^- 5743.7 S.F. @
PINE )aLLNR ANDTwrrNYl;-ONE($ l.d ) per S.F.
CF„1YT�
12. Construct 4" thick reinforced concrete drive ramps - 7 each @
SFVF.NT7-SEVEN J%U.Aks ($ !7").0Q ) per each. $ 5'39.00
MD CENTS
13. Street construction per plans:
a. Construct 21 wide concrete curb and gutter -3097.5 L.F.
0
14.
,($ N.90 ) per L.F.
$13,6a _1
b. Construct 2" thick asphaltic cement with 6" thick
compacted SB-2 base - 4254.23 S.Y. @ S E U FN PoltAes
ANo FIFT'ff6N CENis($15) per S.Y.
c.
'•.
Construct 2" to 3z" thick asphaltic cement on concrete
bridge at station 10 + 00 - 60.67 S.Y. @ JJIZEE 0aLLAf2S
ANY>7Hi(iy-S/z CENti($ 33fr ) per S.Y.
------
Storm sewer construction per plans:
a. Construct reinforced concrete headwall - 4 each @
TIVF 4U,N1)R, r� ANn _($ S"2a•So ) Per each. $ a G90 b0 --
T (?sLLAftS t r e
T
wU r,'-, '7 ctNrJ
• b. Construct reinforced concrete headwall with splash
• pad - 1 each @ FiVE Ht•NortLI TLUE,l7%'—'T4)e INUArC
J JK/ F,FTf CEKTS ($ 5a.1_ SO ) per each. $ goae S 0 I
lc. Construct reinforced concrete drop inlets
c17C Ntn.No2Cn ANO ($ GOS.OO )
F: vL tfiCLn No f,gN7r
d. Construct reinforced concrete catch basin
grate - 2' each @ S E VF.h( H WN DRi n i
pr, lLr%as tit, C&.n ($ '?ns, coo )
-7
per
s wi
per
each @
each. $ (?/a 3SoO
th steel
: EA(
cacti. $ 1/130.20
e. Construct reinforced concrete wing wall with footing -
1 each @ _(`)ML'U SZ1b&Aflb Two F1VZOMM(n t,Yr Y- z
`NLLgp.5 N" CtN7s' CS1,26S.00 )
V
per Lump Sum. 1, Z `coo
Ki
•
(7th Street Bid Items can't.)
f. Construct reinforced concrete junction box -
2 each @ Fot.R Nc&Nnaen t4amb- F,QF_
V� Laos No CENTS ($ ' $,60 ) per each.
g: Construct 1scupperson bridge per plane -
Two rk %kWoE0'IS WENTY($ O0o )
(�.,LLpay N6 CEnrS
each @__
per Lump Sum. O0
h. Install per plans and specifications storm drainage
pipe as follows: (All metal pipe - 16 ga.)
1. 36" corrugated �lmetal pipe - 394 L.F. @ ` /h u M p'
DoLGp2S )i+ C". 30•fJ0 ) per.L.F. $ llf V.20 QO
iii..
2. 30" corrugated metal pipe - 43 L.F. @
t
1WEN1`f_E.gw1($ ag.pb ) per L.F. $ 1,'d0yO0
SJ,Lcnab N0 CENTS
3. 27" corrugated metal pipe - 34 L.F. @
--------VOA--------' ) per L.F. $ N/C
.
4. 24" corrugated metal pipe - 83 L.F. @
lWENIY—S.i7C ($ �6A0 ) per L.F.
a.LLm2S No GP.NTS
5. 18" corrugated metal pipe - 53 L.F. @
'1w r nr9 -Ri ($ )%OO . ) per L.F.
Vo L LAaNa U AIrs
6. 6" PVC pipe -50 L.F. @ FIVE IJdup2S
F1FT1 CFJNrS ($ 5.5 p ) per L.F.
7. 15",
i. Relocate and
11 L.F. @LI
reinforced concrete pipe - 16 L.F. @
NI'! 9iLLAfs($ 2a . ay ) per L.F.
CENTS
install 15" corrugated metal pipe -
w ENN 30LCNP,s No tCnr3
($ `a .(J6 ) per L.F.
* j. Trench compacted Sb-2 base backfill under street -
500 Tons @ S EU)c pLtM9S Nn P E^//S
($ �%• 0() . ) per Ton.
S.
$ 1.1g79.do
$ 275.Oo I
$ 3,.Soo.00 1
k. Remove existing storm drainage tiles - approx. 200 L.F.
t.
@ w o b o u pits N ( a •Q (1 ) per Lump Sum. O
C Ents
(7th Street Bid Items con't.)
HI
SUB -TOTAL - Seventh (7th) Street---------.--.------------------------- $ fob its s v
*NOTE: Truck Tickets must be signed by Engineer's representative
with date, station location, and use purpose.
•
Ifs
AL PROPOSALS:
Alternate No. 1: Deleting constr. bids for 7th St. from Sta. -0+20 to Sta. 3+60.
Deduct the sum ofTW ENFY 7tfot•t AMn Ni NE u(huOIrEC(S e201 5 3S1 2S)
•
Alternate No. 2: `j It ! —
Deduct the sum of
Alternate No. 3:
Deduct the sum of
Alternate No. 4:
Deduct the sum of
UNIT PRICES:
For changing quantities of work items from those indicated by the
contract drawings upon written instructions from the architect/engineer,
the following unit prices shall prevail:
The above unit prices shall include all labor, materials, balling,
shoring, removal, overhead, profit, insurance, etc., to cover the finished
work of the several kinds called for. Changes shall be processed in
accordance with paragraph 17(a) of the General Conditions.
Bidder understands that the Owner reserves the right to reject any or
all bids and to waive any informalities in the bidding.
The bidder agrees that this bid shall be good and may not be with-
drawn for a period of 45 calendar days after the scheduled closing time
for receiving bids.
Upon receipt of written notice of the acceptance of this bid,
Bidder will execute the formal contract attached within 10 days and
deliver a Surety Bond or Bonds as required by Paragraph 29 of the Gen-
eral Conditions. Ci
The bid security attached in the sum of /0
($ ) is to become the property
of the Owner in the event the contract and bond are not executed within
the time above set forth, as liquidated damages for the delay and additional
expense to the Owner caused thereby.
-u.n CO.
(SEAL - if bid is by a corporation)
HUD -4238C (8-66)
Respecxf lly ubmittedk&;I' Ol Ashla^�"� arrgr. �'
BY `
Signature) _- ' -
SIDE \ • (Title) : `'
o.
`Business Address 6zip Cods)
(-A✓,tet,VI n LI.r_' IcrL
YK eIris j
SUMMARY OF BID
L
5th Street Construction Costs j Ik?Y-$Zx' We nNo 1 TU'ElL. AflO5EV a3 GN +t'
Dollars and Cents
Sherman Avenue Construction Costs . 11 SEViW THo1�SA•+o $ qgJft.aoqt/ N,ILT7 DoC.Atl PaD
Dollars and Cents $IQ- c.ENf
(s
7th Street Construction Costs ON.Fc '2*W1h Tr.' snNp%Nwt 11W4Dt5P SJXT7-' e
Dollars (��7 and Cents �p.�s' 4N.O
TOTAL BID ------------------------------
Dollars and Cents
(Amounts are to be shown in both words and figures. In case of
discrepancey, the amount shown in words will govern).
The above unit prices shall include all labor, materials, bailing,
shoring, removal, overhead, profit, insurance, etc., to cover the fin-
ished work of the several kinds called for.
• The bidder agrees that this bid_shall be good, and may not be with-
drawn for a period of 45 calendar days after the scheduled closing time
for receiving bids.
Bidder understands that the Owner reserves the right to reject any
or all bids and to waive any informalities in the bidding.
Upon receipt of written notice of the acceptance of this bid, bidder
will execute the formal contract attached within 10 days and deliver a
Surety Bond or Bonds as required by Paragraph 29 of the General Conditions.
The bid security attached in the sum of -`5 &J6
($ ) is to becom the property of the
Owner in the event the contract and bond are not executed within the time
above set forth, as liquidated damages for the delay and additional expense
to the Owner caused thereby, MCCUNTON—ANCHOR CO. ,-•""- -
PJYjsjon 01 Ashland -Warren, Inc. .
Rasp lly ubmitted:
By _fctSJJE
Title — _
(SEAL - if bid is by a corporation) .
'FRN ETYEvra 1&1a r
(Business Address and Zip Lode) ..•_
HUD -4238D (2-69)
HUD -4238 -CD -1
U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (6-66)
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
Instructions
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319 -
The implementing rules and regulations provide that any bidder or prospective
contractor, or any of their proposed subcontractors, shall state as an initial p
of the bid or negotiations of the contract whether it has participated in any
previous contract or subcontract subject to the equal opportunity clause; and,
if so, whether it has filed all compliance reports due under applicable instruc-
tions.
Where the certification indicated that the bidder has not filed a compliance
report due under applicable instructions, such bidder shall be required to submit
a compliance report within seven calendar days after bid opening. No contract
shall be awarded unless such report is submitted.
CERTIFICATION- BY BIDDER -
MCCNNTON—ANCHOR CO.
Bidder's Name; Division O: Ashland -Warren, Inc,
• Address: %o.
f-AYETTEVIL(,G_-Q1f2YAnts4S
V
1. Bidder has participated in a previous contract or subcontract subjeetfto the
Equal Opportunity Clause. Yes (/_ No
2. Compliance reports were yequired to be filed in connection with such contract
.or subcontract. Yes (/ No
3. Bidder has filed all compliance reports due under applicable instructions,
including SF -100. Yes ✓ No None Required_
4. If answer to item 3 is "No," pleaseeexplain in detail on reverse side of
this certification.
Certification - The information above is true and complete to the best of my
knowledge and belief.
Name
t '
Signature Date
II
HUD -4238 -CD -2
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (2-67)
The prime contractor shall have his subcontractors submit this form for
____ - - - -
approval of subcontracting firms before award of any subcontract.
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY .
McCUNTORZANCHOR CO.
Prime
Instructions
-/O
ect
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 under applicable instructions.
Where the certification indicates that the subcontractor has not filed a compli
report due under applicable instructions, such subcontractor shall be required
submit a compliance report before the Owner approves the subcontract or permits
work to begin under the subcontract.
SUBCONTRACTOR'S CERTIFICATION
Subcontractor's Name: j (L%e 13. Sw£FTSEte ZA/C
Address: o/ . Q cn( 579
FA4'rwii)tccArtk '7 !lo/
1. Bidder has participated in a previous contract or subcontract to the Equal
Opportunity Clause. Yes No
to I
2. Compliance reports were required to be filed in connection with such contract
or subcontract. Yes ✓ No
3. Bidder has filed all compliance reports due under applicable instructions,
including SF -100. Yea l/_ No None Required_
4. If answer to item 3 is "No," please explain in detail on reverse side of
this certification.
Certification - The information above is true and complete to the beet of my
knowledge and belief.
10
CONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDAFDS AND PREVAILING WAGE REQUIREMENTS
I
1, The underilgned having executedacontract with _ (:OMMUA11(,T1s DF )f LCSps d >7 DEpt
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 sul.contractors, is his responsibility;
2. He certifies tkoi:
(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 Slates pursuant to Section 5.6(b) of the Regulations
of the Secretary of Labor, Part 5 (29 C/R, Port S)or pursuant to Section 3(a) of the Davis -Bacon Act, as
amended (40 U.S.C. 276u-7(ofl.
(b)No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such sub.
contractor or any firm, corporation, partnership or association In which such subcontractor has a substantial
Interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory
provisions.
3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution ofanysubcontraet,
Including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification
Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors.'
no me
_....,.nrvLt7UR CO.
p1y1Fla0 .O1 Aihlind-Warren r� -
. • - Inc ( I X
IL t n_ ..'u---'---'
14
ore:
II) A SINGLE Prpe RIETORf RIP ' III A CORPORATION ORGANIZED IN INC STATE Of
A PARTNERSR,P 1 141 OT NCR ORGANIZATION
(e) The name, tille and address of the owner. partners or officers of ti.. Nnd.rsien.d
' NAME
TITLE
ADDRESS
/ a. ✓)- /3 6 '7
`�A
G
:S,o
f& ei1£Vlt A!L
J plhsj
,
HUD -1471 to -1f)
e
S.
. -_
(di ll.r niece cud oletesteu of sit nrhv to.•et, LatL rar•1 m rfurte, lining [ whasMwl mtmeel is the undo i.gn/d,
and the nary. Of the in l erot ore 1/I n..n:..•r •AII•k
RAN[
ADDND/{
NATURE or INT[Nt11
\'r • os plum..• vuur...sa Ong vooe amUUI(OUoni of all other building eenaruclion contractors in ♦filch the ar.denignrd has
e trhaantiel interest are (If nnnr .n •mo-}
NAME
ADORE//
TRADE CLASSIFICATION
I
McCLINTON+-At;CNCR CO.
PiXLSIDD Qj Ashland- Warren, Inc.
Do S
'a' v 0 0 (Contractor/ t._ •
• WARNING
U.S. Criminal Cad.. /setoa 1010. Title 1E. U.S.C. proridn in pert "Wheat.., .... mske.•.pae..s, utters or Publlshn any
• - a.to•nte knowing Na aver to be I.ite ..... shall be fined not more than $5.000 or imprisoned not more than two jeers, or both."
S
•
-
-
•
fine contractor shall have his subcontractor this torn
;proval of subcontracting firms before award ..ubcontract.
U.S. DEPARTMENT Or HOUSING AND URBAN DCYROPMCNT
COMMUNITY DEY(LOPMENT BLOCK GRANT PROGRAM
SUBCONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (.Ipp.opriore R.eipirn Ut DATE
•n aA. ru 1. ....iv fi✓1/FI (IQMLA17 DOr.fl PROJECTNUMOER! eaY)b
1. The undersigned, having executed a contract with - - -
A_Lvision Of Ashland -Warren in;,
for
nIW, of .var
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 Stites pursuant toSection S.6(b)
of the Regulations of the Secretary of Labor, Part S (29 CFR, Part S), or pursuant to Section 3(a) of the Davis -
Bacon Act, as amended (40 U.S.C. ?76a—T(afl
(c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such
subcontractor or any firm, corporation, partnership or association in which such subcontractor has a
substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory of
statutory provisions.
2. lie agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution
- of any lower -subcontract. a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Require•
ments, executed by the lower tier subcontractor, in duplicate.
(a) The workmen will report !or duty an or about m
(e) The legal name and the business address of the undersigned are::
Ss22y p, SIrTaflBn 2NL
`. o. 3Pr > 'C7`%
FAre-rrtvitt€ IA%( 7'7o/
A SINGLE PROPRICTONSHIPI UI A CORPORATIOy ORO ANI EEO IN THE STATE OFr
II) OTHER ORGANIZATION
!e1 The eemetille and address of the owner, partners or officers of the undersigned are:
NAMC
TITLC
ADDRESS
S
ZtCz&
•
J/
-
b.rk
ADOACU
NATu11[ oe rYlillEST
NoNE
• .1 I • •
I • •I. -
__________
for rut names, 00aresses and trade clossilicolions of all other building :onstruclion conlroctors,in which the undersigned ha
d oubstontial interest ore It nurse,.so smrek
MAYO
TRADE CLAM lCAnoM
-- . -.
-ADONcak
., .,
.I•
• • • -
,• •1
�r� 1� 5we /sir I
(Typed None and Title)
nnnn,nu
U.S. Comin.I Code. Section 1010, Title L, U.S.C.. provides In part "tJhoeoe,, .. , , make,, passes, otter., or publishes any
otslement, knowing the same to b. else.. , . , shall be fined aat mot, that $3,000 or Imptfsa ed not more than two ysm, or bet►^
- : .± : ±: -: OO,aa
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HUD -4238-F
.. (6-66)
CONTRACT
THIS AGREEMENT, made this L/ day of /. O. 19t),
"Owner," acting herein
of
of
herein called
byl
through its. Ma.or, City of Fayetteville Arkansas -
Title of Authorized Official)
WITNESSETH; That for and in consideration of the payments and agreements
hereinafter mentioned, to be made! and performed by th � OWNER, the CONTRACTOR
hereby agrees with the OWNER to cbwaence and complete the -construction described
as follows:
Street and Drainage Improvements
hereinafter called the project, for the sum o Dollars
($fifl.9zz 99 ) and all extra work in connection therewith, un er the terms as
stated in the General and Special Conditions of the Contract; and at his(its or
their) own proper cost and expense to furnish all the materials, supplies, ma-
chinery, equipment, tools, superintendence, labor, insurance, and other acces-
sories and services necessary to complete the said project in accordance with the
conditions and prices stated in the Proposal, the General Conditions, Supplemental
General Conditions and Special Conditions'of the Contract, the plans, which in-
clude all maps, plats, blue prints, and other drawings and printed or written
explanatory matter thereof, the specifications and contract documents therefor as
prepared by Milholland Engineering & Surveying Company , herein entitled the
Architect/Engineer, and as enumerated in Paragraph 1 of the Supplemental General
Conditions, all of which are made a part hereof and collectively evidence and
constitute the contract.
The Contractor hereby agrees to commence work under this contract on or before
a date to be specified in a written "Notice to Proceed" of the Owner and to fully
complete the project within 180 consecutive calendar days thereafter. The
Contractor further agrees to pay, as liquidated damages, the sum of $ 100.00
for each consecutive calendar day thereafter as hereinafter provided in Para-
graph 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.
1
•
•
:� 1
• indlday first' ab•<
(tSeali< t'F'
• ATTEST:
.EOF, the. parties to these presents have executed this contrac
Lrts, each of which shall be deemed an original, in the year
mentioned. -.. _..... .
City of Fayetteville, Atkdn'sas',.'"
Counity Development Department
Owner
I• By
__ �'�Mayot of the City of Fayetteville, Ar.
Title ._ _. . .
M CLINTON-ANCHOR CO." iy�i
(Seal) PIYjs]on Of Ashlaild•Warcn:`',. In�
Contractor
Secretary--
itness Title
Address and Z p Code
Mara-Nsijs
NOTE: Secretary of the Owner should attest. If Contractor is a corporation,
Secretary should attest. •
HUD -4238-F (6-66)
COMMUNITY DEVELOPMENT BLOCK FEDERAL MANAGEMENT CIRCULAR 74-7
GRANT REGULATIONS Attachment B
BONDING AND INSURANCE II
REQUIREMENTS n.' ;•
A State or local unit of government receiving a grant from the Federal
Government which requires contracting for construction or facility improvement
shall follow its own requirements relating to bid guarantees, performance bonds,
and payment bonds except for contract§ exceeding $100,000. For contracts
exceeding $100,000., the minimum requirements shall be as follows:
a. A bid guarantee from each bidder equivalent to five percent of the bid
price. The "bid guarantee" shall consist of a firm commitment such as a bid
bond, certified check, or other negotiable instrument accompanying a bid as asol
surance that the bidder will, upon acceptance of his bid, execute such con-
tractual documents as may be required within the time specified.
b. A performance bond onthe part of the contractor for..100 percent of
the contract price. Ah"performance bond" is one executed in connection with a
contract to secure fulfillment of all the contractor's obligations under such
contract.
c. A payment bond on the part of the contractor for 100 percent of the
contract price. A "payment bond" is one executed in connection with a contract
to assure payment as required by law of all persons supplying labor and
material in the execution of the work provided for in the contract.
(- , ,.'III ..I pry:•.;
t
•
I.
i
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we (1) McCLINTON-ANCHOR COMPANY, DIV.
OF ASHLAND -WARREN, INC.• ` a (2) CORPORATION hereinafter called
"Principal" and (3) INSURANCE COMPANY OF NORTH AMERICA ___-
of PHILADELPHIA State of PENNSYLVANIA -, hereinafter
called the "Surety," are held and firmly bound unto (4) the City of
Fayetteville, Arkansas , hereinafter called "Owner," in the penal sum of
TWO HUNDRED TWO THOUSAND SEVEN HUNDRED EIGHT & 24/100------ dollars
($ 202,708.24 ) in lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal
entered into a certain contract with Owner, dated the _ day of
, 19 , a copy of which is hereto attached and made a part hereof for
the construction of:
Street and Drainage Improvements
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, FURI1LER, that the said Surety, for value received hereby stip-
ulates 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 accompanying the same shall in any way 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.
V C
S.
IN WITNESS WHEREOF, this instrument is executed in six (6) counter-
parts, each one of which shall be deemed an original, this the day
of _______________,19____
p ATTEST:
McCLINTON-ANCHOR COMPANY, DIVISION OF
ASHLAND -WARREN, INC.
Principal
cipal Secretary .
ll�ITCtt
_ z- c
Y : pan ur
(SEAL)
• P. 0. BOX 1367
11Pitnes as to Principal FAYETTEVILLE, AR
Address
7o fox L31)> f 5%r /rum
Address ,4t
ATTEST:
INSURANCE COMPANY OF NORTH AMERICA
L
1220 W. 3rd, Little Rock, Ar 72203
Address - _
1220 W. 3rd, Little Rock, Ar 72203
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 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.
•
s e r-.
PAYMENT BOND
/tva, KNOW ALL MEN BY THESE PRESENTS: That we (1) MCCLINTON-ANCHOR COMPANY, DIV.
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 heldTand firmly bound unto the City of Fayettevillez—
Arkansas , hereinafter called "Owner," in the penal sum ofTWO HUNDRED TWO
THOUSAND SEVEN HUNDRED EIGHT AND 24/100--- dollars ($ 202,708.24 )
in lawful money of the United States, for the. payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered
into a certain contract with Owner, dated the day of
19 , a copy of which is hereto attached and made a part hereof for the
construction of:
Street and Drainage Improvements
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
authoriz6d extension or modification thereof, all amounts due for but not
limited to, materials, lubricants, oil, gasoline, coal and eke, repair on mach-
•inery, equipment and tools, consumed or useed in connection with the construction
• of said work, fuel oil, camp equipment, food for men, feed for animals, pre-
mium for bonds and liability and workmen's compensation insurance, rentals on
machinery, equipment and draft animals; also for taxes.orpaymentsdue 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 Department 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 stip-
ulates 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.
PROVIDED FURTHER, that no final settlement between the Owner and the Con-
tractor 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, thes'ame 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
19
ATTEST:,
ipal Secretary
(SEAL)
McCLINTON-ANCHOR COMPANY, DIVISION
ASHLAND -WARREN, INC.
Princ --'
!ly :
Wi ness a t Principal
fir- /7/,
Address 2 �O
ATTEST:
P.O.
FAYETTEVILLE
Address
AR
INSURANCE COMPANY OF NORTH AMERICA
1220 W. 3rd. 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.
OF
POWER OF ATTORNEY
�,}�.v. i:.
:i,:
1 F• 1
!
INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA, PA.
Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA,
a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia,
Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors -of the said Company
ort 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 land 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.
s
(2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed
by the President and'attested by the Secretary.
(31 The signature of the President or a Vice -President and the seal of the Company may be affixed by facsimile on any power of
attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by,
facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid
and binding on the Company.
x
(4) Such Resident Officers and Atlorneys-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 tune 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 f
each individually if there be more than one named,
its true and lawful attorney -in -fact, to make, execute, seal and deliver on its behalf, and as its act and deed
• any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the
execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully
and amply as if they had been duly executed and acknowledged by the regularly elected officers of the
Company at its principal office.
IN WITNESS WHEREOF, the said ...............C.,..DANIEL.DRAKE................................. Vice -President,
has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF
• NORTH AMERICA this ............let .............................. day of ............---.Jul ....... 19.......7.6......
INSURANCE COMPANY OF NORTH AMERICA
(SEAL)
STATE OF PENNSYLVANIA
COUNTY Of PHILADELPHIA ) ss.
On this ............. St........................ day of........................JP.IY..........., A. D. 19 ......76......, before me, a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came................................................
.....................................C.....D.&HIEL..D.RAJ;cE......................................................................, 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 hie acknowledged that he executed the same; that the seal affixed to the preceding instrument is the
corporate seal oftsaid 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.
—..............2fA.URERN...SCE£L.h.......
..F..
by --------C. .,..DANIEL..DRAKE...............................................
Vice -President
ssion expires An ff;; t 13 1979
trsigned, Assistarn'ecretar4 of INSURANCE COMPANY OF NORTH AMERICA;rdo he eby c`e,t
t OF ATTORNEY, of which the foregoing is a full, true and correct cpmc is in full force and
whereof, I have hereunto subscribed my name as Assistant Secreta an affixed the`eorpori
this;...........................................day day of ............ ..... ........_ i• ,<I (\f�..... }� //,,/........./(//(/l/WIrNI�V „ /..... ' ��- n 3x
r...✓..........1......r....:..............: t
WIC 7/75 Printed In U.S.A.
HUD -4238-J
USS. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (2-66)
„ I ...•i. 1,
1
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned; -x.��II , the
duly authorized and acting legal representative"ofd
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 through their duly
authorized representatives; that said representatives have full power and aut
authority to execute said agreements, on behalf of the respective parties named
thereon; and that the foregoing agreements constitute valid and legally binding
obligations upon the parties executing the same in accordance with terms,
conditions and provisions thereof.
Date:
2
•
0;S: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Development Block
Grant Program
GENERAL CONDITIONS
1. Contract and Contract Documents
I. HUD -4238S (R)
The project to be constructed pursuant to this contract will be financed with
assistance from the Department of Housing and Urban Development and is sub-
ject to all applicable Federal laws and regulations.
The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1
of the Supplemental:General.Conditions shall, form part of the Contract and
the provisions thereof shall be as binding upon the parties hereto as if they
were herein fully set forth. The table of contents, titles; headings, run-
ning headlines and marginal notes contained herein and in said documents are
'solely to facilitate reference to various provision of the Contract Documents
and in no way affect, limit or cast light on the interpretation of the
provisions to which they refer.
Contents*
1.
Contract and Contract Documents
36.
Stated Allowances
2.
Definitions
37.
Use of Premises and Removal of
3.
Additional Instructions and Detail
Debris
Drawings
38.
Quantities of Estimate
4.
Shop or Setting Drawings
39.
Lands and Rights -of -Way
5.
Materials, Services, and Facilities
40.
General Guaranty
6.
Contractor's Title to Materials
41.
Conflicting Conditions
7.
Inspection and Testing of Materials
42.
Notice and Service Thereof
8.
"Or Equal" Clause
43.
RequiredoProvibionsDeethedelteerted
9.
Patents
44.
Protection of Lives and Health
10.
Surveys, Permits and Regulations
45.
Subcontracts
11.
Contractor's Obligations
46.
Equal Employment Opportunity
12.
Weather Conditions
47.
Interest of Member of Congress
13.
Protection of Work and Property-- ..
48.
Other Prohibited Interests
Emergency
49.
Use Prior to Owner's Acceptance
14.
Inspection
50.
Photographs
15.
Reports, Records and Data
51.
Suspension of Work
16.
Superintendence by Contractor
52.
Minimum Wages
17.
Changes in Work
53.
Underpayments of Wages
18.
Extras
54.
Anticipated Fringe Benefits
19.
Time for Completion and Liquidated
55.
Overtime Compensation
Damages
56.
Apprentices
20.
Correction of Work
57.
Employment Prohibited
21.
Subsurface Condition Found Different
58.
Compliance with Anti -Kickback Act
22.
Claims for Extra Cost
59.
Classifications Not Listed
23.
Right of Owner to Terminate Contract
60.
Fringe Benefits Not Expressed
24.
Construction Schedule and Periodic
61.
Posting Wage Rates
Estimates
62.
Complaints, Proceedings or Testimo
25.
Payments to Contractor
63.
CClaims and Disputes
26.
Acceptance of Final Payment as Release64.
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
**Attachment to Federal Labor Standards Provisions
w . Il. 4. .,.��.. w. - ,'..K - n ......:Jinn —...w. -...5
-2-
I 1
;
-
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 £or work at the site of the'project for, and
• under separate contract br agreement with, the -Contractor.
(c) "Work on (at) the project'.': Work to be performed,at,the location1 ofthe
project, including the transportation, of materials, and: supplies, to or
• from the location of the project by employees 6£ the.Contractor and any
Subcontractor.
3. Additional Instruction and Detail Drawings. I
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 coordinated
with the Contract Documents and will be so prepared that they can be reason-
• ably interpreted as part thereof. The Contractor shall carry out the work
• in accordance with the additional detail drawings and instructions. The
Contractor and the Architect/Engineer will prepare jointly (a) a schedule,
fixing the dates at which special detail drawings will be required, such
drawings, if any, to be furnished by the Architect/Engineer in accordance
with said schedule, and (b) a schedule fixing the respective dates for the
submission of shop drawings, the beginning of manufacture, testing and in-
stallation of materials, supplies and equipment, and the completion of the
various parts of the work; each such schedule to be subject to change from
time to time in accordance with the progress of the work.
4. Shop or Setting Drawings
The Contractor shall submit promptly to the Architect/Engineer, two copies of
each shop or setting drawing prepared in accordance with the schedule pre-
determined as aforesaid. After examination of such drawings by the Architect/
Engineer, and the return thereof, the Contractor shall make such corrections
• to the drawings as have. been. indicated and shll furnish the Architect/
.Engineer with two corrected copies. If requested by the Architect/Engineer
the Contractor must furnish additional copies. Regardless of corrections
made in or approval given to, such drawings by the Architect/Engineer, the
Contractor will nevertheless be responsible for the accuracy of such drawings
• and for their conformity to the Plane and Specifications,.unless he notifies
the Architect/Engineer ,in:writing of any deviations at the time he furnished
such drawings.
5. Materials, Servides, and Facilities
(a) It is understood that except as otherwise specifically stated in the
Contract Documents, the Contractor shall provide and pay for all mat-
erials, labor, tools, equipment, water, light „power, transportation,
• superintendence, temporary construction of every nature, and all other
• services and facilities of every nature whatsoever necessary to execute,
• complete, and deliver the work within the specified time.
(b) Any work necessary to be performed after regular working hours, on
Sundays or Legal Holidays, shall be performed without additional expense
to the Owner.
3
6. Contractor's Title to Materials
No materials or supplies for the work shall be purchased by the Contractor
or by any Subcontractor subject to any chattel mortgage or under a conditional
'sale contract or other agreement by which an interest -is retained by the i•
seller. The Contractor warrants that he has good title to all materials and
isuppl'ies used by him. in the work, free•from'all liens, nlhims-or'encumbrances,
7. Inspection and Testing of Materials
(aj All materials and equipment used in the •construction of the,project shall
be subject to adequate inspection, and testing in accordance with accepted
• standards., The laboratory or inspection agency shall be selected by the
Owner. The Owner will pay for all laboratory inspection service direct,
and not as 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,in-
spection and testing to establish ponformance 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 manufacturerts or vendors' nameg,
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 ddequately 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 with-
out the Architect/Engineer's written -approval,
9. Patents
(a)
The Contractor shall hold and save the Owner and its officers, agents,
servants, and employees harmless from liability of any nature or kind,
including cost and expenses for, or on account of, any patented or un-
patented invention, process, article, or appliance manufactured or used
in the performance of the contract, including its use by the Owner,
unless otherwise specificallystipulated 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.rea-
sonable, and paid to the holder of the patent, or hie authorized licensee
direct by the Owner and!not'by or through the Contractor.
(c)
.If the Contractor uses any design i device or materials1covered '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 understood, that, without exception, the
contract prices shall include all royalties or cost arising from the use
of such design, device or materials, in any way involved in the work.
The Contractor and/or his Sureties shall indemnify and save harmless
the Owner of the project from any and all claims for infringement by
reason of the use of such patented or copyrighted design, device or
materials or any trademark or copyright in connection with work agreed to
be performed under this contract, and shall indemnify the Owner for any
cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution of the work or after
completion of the work.
-4-
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.
Ii.The Contractor shall procure and pay -all permits, licenses and approsals
necessary for the execution of his contract.
•
The Contractor shall
regulations relating
property, and the ma
tective facilities.
comply with all laws,
to performance of the
Lntenance o€ pasdagewa
11. Contractors Obligations
ordinances, rules, orders, and
work, the protection of adjacent
ye, guard-fencesiorIbbhrrpro=
id
The Contractor shall., and will, in good,workmanlike manner,,.do and perform, all
work and furnish all supplies. and materials, machinery, equipment,. facilities
and means, except as herein otherwise expressly specified, necessary or
proper to perform. and, complete all the work required by this contract, within
the time herein specified, in accordance with the provisions of this contract
and said specifications and in accordance with the plans and drawings covered
by this contract any and all supplemental plans and drawings, and in 1
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, and be subject to all terms,con-
ditions, requirements, and limitations of the contract, and.specifications, and
shall do, carry on, and complete the entire work to. the satisfaction of the
Architect/Engineer and the owner.
12. Weather Conditions
In the event of temporary suspension of work, or during inclement weather, or
whenever the Architect/Engineer shall direct, the Contractor will, and will
cause his subcontractors to protect carefully his and their work and 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 Subcontractor
so to protect his work, such materials shall be removed and replaced at the
expense of the Contractor.
13.. Protection, of Work and Property --Emergency
The Contractor shall at,.all times safely guard the Owner's property from
injury or loss in connection with this contract. He shall •at all times safely
guard and protect his own work, and that of adjacent property from damage. •-
T'he Contractor •shall'replace or make good any, such damage, loss or injury
unless such be caused directly by errors contained in the contract or by the
Owner, or his duly authorized representatives.
In case of an emergency which threatens loss or injury of propert},.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 thereafter. Any claim for com-
pensation by the Contractor due to such extra work shall be promptly submitted
to the Architect/Engineer for approval.
Where the Contractor has not taken action but has notified the Architect/
Engineer of. an emergency threatening injury to persons or damage to the work
or any adjoining property, he shall act as instructed or authorized by the
Architect/Engineer.
--5 -
The amount of reimbursement claimed by the Contractor on account of any
• emergency action shall be determined in the manner provided in Paragraph
17 of the General Conditions.
14. Inspection I
..i`. I; F- I 'r'' -t• I..II •I, I'. 1'
I • •, I • III I•�'I I11• 1�
The authorized representatives and agents of the Department of Housing and
Urban Development shall be permitted to inspect all work, materials, pay-
rolls, records of Oirsonnel,•'invoices'of materials'', and' other tbievant data
and records. I „n It
15. Reports, Records, and Data
16.
The Contractor shall submit to the Owner
costs, progress schedules, payrolls, rep
data as the Owner may request•cohcerning
under this contract.
such schedule of quantities and
Drts, estimates, records and other
work performed or to be'performed
Superintendence by Contractor .. I I i-
11' •
At the site of the work the Contractor shall employ a construction super-
intendent or foreman who shall have full authority to act.for the Contractor.
It is understood that such representative shall be acceptable tothe
Architect/Engineer and shall be, one who can be continued in that capacity
for the particular job involved unless he ceases to.be on the, Contractor's
payroll.
17. Changes in Work
I
No changes in the work covered by the approved Contract. Documents shall be
made without having prior written approval of the Owner. Charges or credits
for the work covered by the approved change shall be determined by one or
more, or a combination of the following methods:
(a)
(b)
(c)
Unit bid prices previously approved.
An agreed lump sum.
The actual cost of:
1. Labor, including foremen;
2. Materials entering permanently into the work;
3. The ownership or rental, cost of construction plant and equipment
during the time of use on the extra work;
4. Power and consumable supplies for the operation of power equipment;
5. Insurance;
6. Social. Security and old age and unemployment contributions.
To the cost under (c) there shall be added a fixed fee,to be agreed upon
but not to exceed fifteen percent (15%) of the.actualIcost of the work.
The fee shall be compensation to cover the cost of supervision, over-
head, bond, profit and any other general expenses. I,
18. Extras
Without invalidating the contract, the Owner may order extra work or make
changes by altering, adding to or deducting from the work, the contract sum
being adjusted accordingly, and the consent of the Surety being first obtained
where necessary or desirable. All the work of the kind bid upon shall be
paid for at the price stipulated in the proposal, and no claims for any extra
work or materials shall be allowed unless the work is ordered in writing by
the Owner or its Architect/Engineer, acting officially for the Owner, and
the price is stated in such order.
- 6 -
19. Time for Completion and Liquidated Damages
It is hereby understood and mutually agreed, by and between the Contractor
and the Owner, that the date of beginning and the time for completion as
specified in the contract of the work to be done hereunder are ESSENTIAL
CONDITIONS of this contract; and it is further mutually understood and agreed
that the work embraced in this contract shall be commenced on a date to be
specified in the "Notice to Proceed'.!'
The Contractor agrees that said work shall be prosecuted regularly, diligently
and uninterruptedly at such rate of progress as will insure full completion
thereof within the time specified. It is expressly understood and agreed,
by and between the Contractor and the Owner, that the time for the completion
of the work described herein is a reasonable time for the Completion of the
same, taking into consideration the average climatic range and usual indust-
rial conditions prevailing in this locality.
If the said Contractor shall neglect, fail or refuse •to complete the work
within the time herein specified, or any proper extension thereof granted by
the Owner, then the Contractor does hereby agree, as a part consideration
for the awarding of this contract, to pay to the Owner the amount specified
in the contract, not as a penalty but as liquidated damages, for such breach
of contract as hereinafter set forth, for each and every calendar day that
the Contractor shall be in default after the time stipulated in the contract
for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and
the Owner because of the impracticability and extreme difficulty of fixing
and ascertaining the actual damages the Owner would in such event sustain,
and said amount is agreed to be the amount of damages which the Owner would
sustain and said amount shall be retained from time to time by the Owner
from current periodical estimates.
It is further agreed that time is of the essence of each and every portion
of this contract and of the specifications wherein a definite and certain
length of time is fixed for the performance of any act whatsoever; and
where under the contract an additional time is allowed for the completion of
any work, the new time limit fixed by such extension shall be of the essence
of this contract. Provided, that the Contractor shall not be charged with
liquidated damages or any excess cost when the Owner determines that the
Contractor is without fault and the Contractor's reasons for the time ex-
tension are acceptable to the Owner; Provided, further, that the Contractor
shall not be charged with liquidated damages or any excess cost when the
delay in completion of the work is due:
0
(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 Gontractor, 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 reasonable time of its
decision in the matter.
_ 7
20. Correction of Work
All work, all materials, whether incorporated in the work or not, all
processes of manufacture, and all methods of construction -shall be at all
times and places subject to the inspection of the'Architect/Engineer'who
shall be the final judge of the quality and suitability of the work, 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,cprrected,1as,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,Architeci/,
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 immediately give notice to the Architect/Engineer
of such conditions before they are disturbed. The Architect/Engineer will
thereupon promptly investigate the conditions, and if he finds that they
materially differ from those shown on the Plans or indicated in the'
Specifications, he will at once make such changes in th'e Plans and/or
Specifications as he may find necessary, any increase or decrease of cost,
resulting from such changes to be adjusted in the manner provided in
Paragraph 17 of the General Conditions.
22. Claims for Extra Cost
No claim for extra work or c
pursuance of a written order
Owner, as aforesaid, and the
the changed or extra work is
of subparagraph 17(c) of the
satisfactory bills, payrolls
when requested by the Owner,
thereto.
)st shall be allowed unless the same was done in
of the Architect/Engineer approved by the
claim presented with the first estimate after
done. When work is performed under the terms
General Conditions, the Contractor shall furnish
and vouchers covering all items of cost and
give the Owner access to accbunta'relating
23. Right of the Owner 'to Terminate Contract
ln'the event that any of'the:provisions of this contract are violated by the
Contractor, or by any of his subcontractors, the Owner may serve written
notice upon the Contractor and the Surety of its intention to terminate
the contract, such notices to contain the reasons for such intention to
terminate the contract, and unless within ten(10) days after the serving
of such notice upon the Contractor, such violation or delay shall cease and
satisfactory arrangement of correction be made, the contract shall, upon the
expiration of said ten(10) days, cease and terminate. In the event of any
such termination, the Owner shall immediately serve notice thereof upon the
Surety and the Contractor and the Surety shall have the right to take over
and perform the contract;' Provided, however, that if the Surety does not
commence performance thereof within ten(10) days from the date of the mail-
ing to such Surety of notice of termination, the Owner may take over the
-8 -
work and prosecute the same to completion by contract or by force account
for the account and at the expense of the Contractor and the Contractor and
his Surety shall be liable to the Owner for any excess cost occasioned the
Owner thereby, and in such event the Owner may take possession of and
utilize in completing the work, such materials, appliances,tand plant as may
be on the site of the work and necessary therefor.
24.. Construction Schedule and Periodic Estimates
Immediately after execution and delivery of the contract, and before the
first partial payment is made, the Contrac.t shall deliver to the 'Owner
an estimated construction progress schedule in form satisfactory to the
Owner, showing the proposed dates of commencement and completion of each of
the various subdivisions of work required under the Contract Documents and
the anticipated amount of each monthly payment that will become due the
Contractor is accordance with the progress schedule. The Contractor shall
also furnish on forms to be supplies by the Owner (a) a detailed estimate
giving a complete breakdown of the contract price and (b) periodic itemized
estimates of work done for.. the purpose of making partial payments thereon.
The costs employed in making up any of these schedules will be used only for
determining the basis of partial payments and will not be considered as
fixing a basis for additions to or deductions from the contract price.
25. Payments to Contractor
(a) Not later than the 15th day of each calendar month the Owner shall make
(b)
(c)
(d)
•
a progress payment to the Contractor on the basis of a duly certified and
approved estimate of the work performed during the preceding calendar
month under this contract, but to insure the proper performance of this
contract, the Owner shall retain ten percent (10%) of the amount of
each estimate until final completion and acceptance of all work covered
by this contract: Provided, that the Contractor shall submit his
estimate not later than the first day of the month; Provided further,
that the Owner at any time after fifty percent (50'/.) of the work has
been completed, if it finds that satisfactory progress is being made,
may make any of the remaining progress payments in full; Provided,
further, that on completion and acceptance of each separate building,
public work, or other division of the contract, on which the price is
stated separately in the contract, payment may be made in full, including
retained percentages thereon, less authorized deductions.
In preparing estimates the material delivered on the site and prepara-
tory work done may be taken into consideration.
All material and work covered by partial payments made shall thereupon
become the sole property of the Owner, but this provision shall not be
construed as relieving the Contractor from the sole responsibility for
the care and protection of materials and work upon which payments have
been made or the restoration of any damaged work, or as a waiver of the
right of the Owner to require the fulfillment of all of the terms of the
contract,
Owner's Right to Withhold Certain Amounts and Make Application Thereof:
The Contractor agrees that 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 satis-
factory evidence that all obligations of the nature hereinabove
.•YM -4.'-
-9-
designated have been paid, discharged, 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 whereupon payment to the
Contractor shall be resumed, in accordance with the terms of this
contract, but in no event shall the provision of this sentence be con-
strued to impose any obligations upon the Owner to either the 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 the contract
by the Owner to the Contractor and the Owner shall nbt'be liable to the
Contractor for any such payments made in good faith.
26. Acceptance of Final Payment Constitutes Release
The acceptance by the Contractor of final payment shall be and shall operate
as a release to the Owner of all claims and all liability to the Contractor
for all things done or furnished in connection with this work and for every
act and neglect of the Owner and other relating to or arising out of this
work. No payment, however, final or otherwise, shall operate to release
the Contractor or his sureties from any obligations under this contract or
the Performance and Payment Bond.
27. Payment by Contractor
The Contractor shall pay (a) for all transportation and utility services no
later than the 20th day of the calendar month following that in which
services are rendered, (b) for all materials, tools, and other expendable
equipment to the extent of ninety percent (90%) of the cost thereof, not
later than the 20th day of the calendar month following that in which such
materials, 'tools,. and. equipment are delivered at the site of the project
and the balance of the cost thereof, not later than the 30th day following
the completion of that part of the work in or on which such materials, tools,
equipment are incorporated or used, and (c) to each of his subcontractors,
not later than the 5th day following each payment to the Contractor, the
respective amounts allowed the Contractor on account of the work performed
by his subcontractors to the extent of each subcontractor's interest therein.
28. Insurance
The Contractor shall not commence work under this contract until he has
obtained all the insurance required under this paragraph and such insurance
has been approved by the Owner, nor shall the Contractor allow any sub-
contractor to commence work on his subcontract until the insurance required
of the subcontractor has been so obtained and approved.
(a) Compensation Insurance: The Contractor shall procure and shall maintain
during the life of this contract Workmen's Compensation Insurance as
required by applicable State or territorial law for all of his employees
to be engaged in work at the site of the project under this contract
• and, in case of any such work sublet, the Contractor shall require
the subcontractor similarly to provide Workmen!s Compensation Insurance
-10-
(b)
(c)
(d)
(e)
(f)
for all of the latter's employees to be engaged in. such work unless
such employees are covered by the protection afforded by the Contractor'
Workmen's Cbmpensation Insurance. In case any class of employees
• engaged in hazardous work on the project under this contract is not
protected under the Workmen's Compensation Statute, the Contractor,
shall provide and shall cause each subcontractor to provide adequate
employer's liability insurance for the protection of such of his
employees as are not otherwise protected.
'Contractor's Public Liability and Property Damage Insurance and Vehicle
Liability Insurance: The Contractor shall procure and shall maintain
during the life of this contract Contractor's PublicHLiability:`
• Insurance, Contractor's Property Damage Insurance and tVehicle 'Liability
Insurance in the•amounts specified in the Supplemental General
'Conditions. �`' ',
Subcontractor's PublicLiability andProperty Dama eiInsurance and
•Vehicle Liability Insurance: 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 Insurance and Vehicle Liability Insurance of the type and in the
amounts specified in`the Supplemental General Conditions specified in
subparagraph (b) hereof or, (2) insure the activities of his policy,
specified in subparagraph (b) hereof.
Scope of Insurance and Special Hazards: The insurance 'required under
subparagraphs b .and c hereof shall provide adequate protection for
the Contractor and his subcontractors, respectively, against damage
claims which may arise from operations under this contract, whether such
operations be by the insured or by anyone directly or indirectly employe
by him and, also against any of the special hazards which may be
encountered in the performance of this contract as enumerated in the
Supplemental General Conditions.
Builder's Risk Insurance (Fire and Extended Coverage): Until the pro-
ject is completed and accepted by the Owner, the Owner, or Contractor
(at the Owner's option as indicated in the Supplemental General Con-
ditions, Form HUD -4238-N) is required to maintain Builder's Risk In-
surance (fire and extended coverage) on a 100 percent completed value
basis on the insurable portion of the project for the benefit of the
Owner, the Contractor, subcontractors as their interests may appear.
The Contractor shall not include any costs for Builder's Risk Insurance
(fire and extended coverage) premiums during construction unless the
• Contractor is required to provide such, insurance; however, this pro-
vision shall not release the Contractor from his obligation to complete,
according to plans and specifications, the project covered by the
• Contract, and the Contractor and his Surety shall be obligated to full
performance of the Contractor's undertaking.
Proof of Carriage of Insurance: The Contractor shall furnish the Owner
with certificates showing the type, amount, class of operations covered,
effective dates and date of expiration of policies. Such certificates
shall also contain substantially the following statement: "The
insurance covered by this certificate will not be cancelled or materiall
altered, except after ten (10)days written notice has been received by
the Owner."
• 29. Contract Security
The Contractor shall furnish a performance,. bond in an amount at least equal
to one hundred percent (1007.) of the contract prices as'security for the
faithful performance of this contract and also a payment bond in an amount
not less than eheLhundned'peicent (100%)tof•the todtracd,.price dr Ln a
penalsutrtOt'leas thanrthat perscribed by State;-territori Altor local law,
-11-
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 ih
separate instruments in accordance With local law.
30.
Additional or Substitute Bond
If at any time the Owner for, justifiable cause, shall be.or.become dissatis-,
fled with any surety or sureties, then upon the Performance or Payment
Bonds, the Contractor shall within five (5) days after notice, from the Owner
so to do, substitute an acceptable bond (or bonds) in such form and sum;apd
signed by such other surety or sureties as may be satisfactory to the Owner.
The premiums on such bond shall be paid by the Contractor. No further
payments shall be deemed due nor shall be made until the new surety or, -
sureties shall have furnished such an acceptable bond to the Owner.
31. Assignments
The Contractor shall not assign the whole or any part of this'contract or'''
any tlaeys due or to become due hereunder without written consent of the
Owner. In case the Contractor assigns all or any part of any moneys due
or to become due under this contract, the instrument of assignment shall
contain a clause substantially to the effect that it is agreed that the
right of the assignee in and to any moneys due or to become due to the
Contractor shall be subject to prior claims,of all persons,. firms and cor-
porations of services rendered or materials supplied for the performance of
the work called for in this contract.
32, Mutual Responsibility of Contractors
If, through acts of neglect on the part of the Contractor,.any other Con-
tractor or any subcontractor shall suffer loss or damage on the work, the
Contractor agrees to settle with such other Contractor or subcontractor by
agreement or arbitration if such other Contractor or subcontractors will so
settle. If such other Contractor, or subcontractor shall assert any claim
against the Owner on account of any damage alleged to have been sustained,
the Owner shall notify the Contractor, who shall indemnify and save harm-
less the Owner against any such claim. •
33. Separate Contract
The Contractor shall coordinate his operations with those of other Con-
tractors. Cooperation will be required in the arrangement for the storage
of materials and in the detailed execution of the work. The Contractor,
including his subcontractors, shall keep informed of the progress and the
detail work of other Contractors and shall notify the Architect/Engineer
immediately of lack of progress or defective workmanship on the part of the
Contractors. Failure of a contractor to keep informed of the work progress-
ing on the site and failure to give notice of lack ofprogress or defective
workmanship by others shall be construed as acceptance by him of the status
of the work as being satisfactory for proper coordination with his own work.
34. Subcontracting
• (a) The Contractor may utilize the services of specialty subcontractors on
those parts of the work which, under normal contracting practices, are
performed by specialty subcontractors.
(b) The Contractor shall not award any work to any subcontractor without
prior written approval of the Owner, which approval will not be given
until the Contractor submits to the Owner a,written statement concern-
ing the proposed award to the subcontractor, which statement shall
-12 -
(c)
(dY
(e)
contain such information as the Owner may require.
The Contractor shall be as fully responsible to the Owner for the acts
and omissions of his subcontractors, and of persons either.directly or
indirectly employed by them, as he is for the acts and omissions of per-
sons directly employed by him.
The Contractor shall cause appropriate provision to be inserted in all
subcontracts relative to the work to bind subcontractors to the Con-
tractor by the terms of the General Conditions and other contract
documents insofar as applicable to the woik of subcontractors and to
give the Contractor the same power as'regards terminating an sub-'
contract that the Owner may exercise over the Contractor'under any
provision of the contract documents: •
Nothing contained in this contract shall create any contractual rel-
ation between any subcontractor and the Owner. ..
35. Architect/Engineer's Authority
The Architect/Engineer shall.gibe all orders and directions contemplated
under this contract and specifications, relative to the execution of the
work. The Architect/Engineer shall determine the amount, quality, accept-
ability, and fitness of the several kinds of work and materials which are to
be paid for under this contract and shall decide all questions which may
arise in relation to said work and the construction thereof. The Architect/
Engineer's estimates and decisions shall be final and conclusive, except as
herein otherwise expressly provided. In case any question shall arise
between the parties hereto relative to said contractor specifications, the
determination or decision of the Architect/Engineer shall be a condition
precedent to the right of the Contractor to receive any money or payment for
work under this contract affected in any manner or to any extent by such
question.
The Architect/Engineer shall decide the meaning and intent of any portion of
the specifications and of any plans. or drawings where the same may be
found obscure or be in dispute. Any differences or conflicts in regard to
their work which may arise between the Contractor under this contract and
other Contractors performing work for the Owner shall be adjusted and deter-
mined by the Architect/Engineer.
36. Stated Allowances
The Contractor shall include in his proposal the cash allowances stated in
the Supplemental General Conditions. The Contractor shall purchase the
"Allowed Materials" as directed by the Owner on the basis of the lowest
and best bid of at least three competitive bids. If the actual price for
purchasing the "Allowed Materials" is more or less than the "Cash Allowance,"
the contract price shall be, adjusted accordingly. The adjustment in contrac
price shall be made on the basis of the purchase price without additional
charges for overhead, profit, insurance or any other incidental expenses.
The cost of installation of the "Allowed Materials" shall be included in
the applicable sections of the Contract Specifications covering this work.
37. Use of Premises and Removal of Debris
The Contract expressly undertakes at his own expense:
(a)
(b)
to take every precaution against injuries to persons or damage property;
to store his apparatus, materials, supplies and equipment in such
orderly fashion at the site of the work as will not unduly interfere
0 (c)
(d)
(e)
(f)
with the progress of his work or the work of any other contractors;
to place upon the work or any part thereof only such loads -as are con-
sistent with the safety of that portion ofrthe work;
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;- •
before final payment to.remove.all surplus material, false -work, tem-
porary structures, including foundations thereof, plant of•anyde-
scription anddebris of every nature resulting from -his operations;•and
to,put the site in a neat,. orderly condition;. ,I •'tI
to, effect all cutting, fitting .or patching of 'his •work 'requ`ired'tto make
the same conform to the plans. and 'specifications and, except with the
consent of the Architect/Engineer, not Ito •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 t
proposal, they are given for. use in comparing bids and the; right is especia
reserved except as herein otherwise specifically limited, to increase or
diminish them as may be deemed reasonably necessary. or desirable by the
Owner to complete the work contemplated by this contract, and such increase
or diminution shall in no way vitiate this contract, nor shall any such
increase or diminution give cause for claims or liability for damages.
39. Lands and Rights -of -Way
Prior to the start of construction`, the Owner shall obtain all•lands and
rights -of -way necessary for the carrying •out and completion of work to be
performed under this contract.
40. General Guaranty
Neither the final certificate of payment nor any provision in the Contract
Documents, nor partial or entire occupancy of the premises by the Owner,
shall constitute an acceptance of work not done in accordance with the
Contract Documents or relieve the Contractor of liability in respect to
any express warranties or responsibility for faulty materials. or workmanship.
The Contractor shall remedy any defects in the 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 ounless' a longer
period is specified. The Owner will give notice! of observed defects with
reasonable promptness. I . I �•
41. Conflicting Conditions
Any provision 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 th
0 completed, when said notice is posted, by certified or registered mail,
the said Contractor at his last given address, or delivered in person to
said Contractor or his authorized representative on the work. i
to
the
- 14 -
43. Provisions Required by Law Deemed Inserted
44.
Each and every provision of law and clause required by law to be inserted
in: this contract shall be deemed to be. inserted, herein and the contract.',
shall' be read and enforced as, though it were included herein,, andif
through mistake or otherwise any such' provision is not inserted, or is not
correctly inserted, then upon the application of..eitheripar.ty the contract
shall forthwith be physically amended to make such insetion,orrcorrection.
Protection of Lives and Health I.
"The Contractor shall exercise proper precaution at all times for the
protection of persons and. property and shall, be responsible for all damages
to persons or property, either on or off the site, which occur as a result
of his prosecution of the work. The safety provisions of applicable laws
and building and construction codes, in addition to specific safety and
health regulations described by Chapter XIII, Bureau of Labor Standards,
Department of Labor, Part 1518; Safety and Health Regulations for Construct-.
ion, as outlined in the Federal Register, Volume 36, No. 75, Saturday,
April 17, 1971. Title 24 - 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 requiri,
this insertion in any furthet-subcontracts that may in turn be made."
46. Equal Employment. Opportunity
During the performance of this contract the Contractor agrees as follows:
(1). The Contractor will not discriminate against any employee or applicant
for employment because of race, religion, sex, color or national origin.
The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, with-
out regard to their race, religion, s.ex,.color, or national origin.
Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer;, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth
the provisions of this nondiscrimination clause. '
(2) The Contractor will, in all solicitations or advertisement for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, religion, sex, color, or national origin.
(3) The Contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the labor
union or workers' representative of the Contractor's commitments under
Section 202 of Executive Order No. 11246 of September 24, 1965, and
shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
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[1
L',.
(4) The Contractor will comply with all provisions of Executive Order No.
11246 of September 24, 1965, and of, the rules,. regulations, and,
relevant orders of the Secretary of Labor. -
(5) „The Contractor will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965,, a'nd 1'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 nondiscriminat
,ion clauses of this contract or with any of.such rules, regulations, or
orders, this contract, may be cancelled, terminated, or suspended in.,
f whole or in part and the:Contractor.may-be declared ineligible for
further Government contracts or Federally -assisted, construction con-
tracts, in accordance with procedures authorized.in;Executive Order No.
11246 of September 24, 1965, and such other sanctions maybe 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 bylaw.
(7) The Contractor will include the provision of paragraphs,(l).through (7)
in every subcontract or purchase order unless exempted by rules, reg-
ulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order No. 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractoror vendor.
The Contractor will take such action with respect to any subcontract
or purchase 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'sub-
,contractor or vendor as a result of such direction by the Department
•of Housing and Urban Development, the Contractor may request the
United States to enter'into such litigation to protect the interests
of the United States.
47. Interest of Member of or Delegate to Congress
No member of or Delegate to Congress, or Resident Commissioner, shall be,
admitted to any share or part of this contract 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 off ical of the Owner who is authorized in such capacity and on behalf of
the Owner to negotiate, make, accept or approve, or to take part in'hegot-
iating.,, maldng, accepting, or approving any architectural, engineering,
inspection, construction or material supply contract or any subcontract in
connection with the construction of the project, shall become directly or
indirectly interested personally in this contract or in any part hereof.
No officer, employee, architect, attorney, engineer or inspector of or for
the Owner who is authorized in such capacity and on behalf of the Owner to
exercise any legislative, executive, supervisory or other similar functions
in connection with the construction of the project, shall become directly or
indirectly interested personally in this contract or in any part thereof,
any material supply contract, subcontract, insurance contract, or any other
contract pertaining to the project.
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49. Use and Occupancy Prior to Acceptance by Owner
The Contractor agrees to the use and occupancy of a portion'or unit of the
• project before formal acceptance by the Owner, provided the Owner:
(a) Secures written consent of the Contractor except in'the event,'in the
opinion of the Architect/Engineer, the Contractor, is chargeable with •,
unwarranted delay in final cleanup of punch list' items or other•contracl
requirements. I 1
(b) •Secures endorsement from the insurance -carrier 'and coii'sent of the
surety permitting occupancy ofthe building or use of the project
during the remaining period of construction, or, I .
(c) When the project consists of more than one building, and one of the
building's is occupied, secures permanent fire and extended coverage
insurance, including a permit to complete construction.Consent of the
surety must also be obtained. I,
(1) The Contractor will not discriminate against any employee or applicant-
, for employment because bf.race, creed, color, or national origin: The
Contractor will take affirmative action to ensure thatapplicants 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 advertisin!
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 ap-
plicants for employment; notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisement for employees
placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment'withbut regard to
race, creed; color, or national'origin.
I.
50. Photographs of the Project
If required by the Owner' the Contractor shall furnish photographs of the
project, in the quantites.and as described in the Supplemental General
Conditions.
51. Suspension of Work
Should the Owner be prevented or enjoined, from. proceeding• withwork either
before or after the start of construction by reason of any litigation or
other reason beyond the control of the Owner, the Contractor shall. not be
entitled to make or -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 less often than once
each week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are made mandatory by law and such other
payroll deductions as are permitted by the applicable regulations 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 con-
- 1.7 -
tractual 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 I
payment may be by check if the employer provides or secuk`e�s satisfactory
facilities approved by the Local Public,Agency or Public Body for, the, ,.,.
cashing of the same without cost or expense to the employee.. For, the
purpose.of this clause, contributions made or cost reasonably anticipated,,,.
under Section 1.(b) (2) of the Davis -Bacon Act on behalf of laborers or
mechanics, subject to the provision, of. Section 5.5(a).(l) (iv) of Title 29,
Code of Federal Regulations. Also for the purpose, of this clause, regular
contributions made or cost 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. Underpayments of Wages or Salaries
In case of underpayment of wages by the Contractor or by any sub-
contractor to laborers or mechanics employed by the Contractor or sub-
contractor upon the work covered by this Contract, the Local Public Agency
or Public Body in addition to such other rights as may be afforded it under
this Contract shall withhold from the Contractor, out of any payments due
the Contractor, so much thereof as the Local Public Agency or Public Body
may consider necessary to pay such laborers or mechanics the full amount
of wages required by this Contract. The amount so withheld may be dis-
bursed by the Local Public Agency or Public Body, for and on account of the
Contractor or the subcontractor (as may be appropriate), to the respective
laborers or mechancis to whom the same is due or on their behalf to plans,
funds, or programs for any type of fringe benefit prescribed in the
applicable wage determination.
54. Anticipated Costs of Fringe'Benefits'
If the Contractor does not make payments to a trustee or other third
person, he may consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing fringe benefits
under a plan or program of'a type expressly listed in the wage determination
decision of the Secretary of' Labor which is a part of this Contract:'
Provided, however, The Secretary of Labor has found, upon the written request
of the Contractor, that the applicable standards of the Davis -Bacon' Act
have been met. The Secretary of Labor may require the Contractor to set
aside in a separate account assests for the meeting of obligations under.,
the plan or program. A copy of any findings made by, the Secretary of
Labor in respect to fringe benefits being provided by the,Contractor must
be submitted to the Local Public Agency or' Public Body with the first pay-
roll filed by the Contractor subsequent to receipt of the, findings.
55. Overtime Compensation Required by Contract Work Hours and Safety
Standards Act (76 Stat, 357-360: Title 40 U.S.C., Sections 327-332)
(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 com-
pensation 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 ex-
cess of 40 hours in such work week, as the case may be.
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(b) Violation: liability for unpaid wages liquidated damages. In the
event.of any violation of the clause set forth in paragraph (a), the
Contractor and any subcontractor responsible therefor shall be liable to any
affected employee for his unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States for liquidated damages.
Such liquidated damages shall be computed with respect to,each individual
laborer or mechanic employed in violations of the clause set forth in
paragraph (a), in the sum of $10 for each calendar, day on which such
employee was required or permitted to work in excess. of. 8 hours or in ex-
cess of the standard workweek of 40 hours without payment of the overtime
wages required by the clause set forth in paragraph (a).
(c) Withholding for liquidated damages. The Local Public Agency or Public
Body shall withhold or cause to be withheld, from any moneys payable on
account of work performed by the Contractor or subcontractor, such sum as
may administratively be determined to be necessary to satisfy any liabil-
ities of such Contractor or subcontractor for liquidated damages as provided
in the clause set forth in paragraph (b).
(d) Subcontracts. The Contractor shall insert in any subcontracts the
clauses set forth in paragraphs (a), (b), and (c) of this Section and also
a clause requiring the subcontractors to include these clauses in any lower
tier subcontracts which they may enter into, together with a clause requir-
ing this insertion in any further subcontracts that may in turn be made.
56. Employment of Apprentices/Trainees
(a)
•
Apprentices will be permitted to work at less than the predetermined'
rate for the work they performed when they are employed and individual-
ly registered in a bona fide apprenticeship 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 apprentice-
ship program, who is not individually registered in the program, but
who has been certified by the Bureau of Apprenticeship and Training
or a State Apprenticeship Agency (where appropriate) to be eligible
for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen in any craft classification shall not be
greater than the ratio permitted to the contractor as to his entire
work force under the registered program. Any employee listed on a
payroll at an apprentice wage rate, who is not a trainee as defined in
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 furnish to the
contracting officer or a representative of the Wage -Hour Division of th
U.S. Department of Labor written evidence of the registration of his
program and apprentices as well as the appropriate ratios and wage
rates (expressed in percentages of the journeyman hourly rates), for
the area of construction prior to using any apprentices on the contract
work. The wage rate paid apprentices shall be not less than the
appropriate percentage of the journeyman's rate contained in the ap-
plicable wage determination.
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(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 regis-
tered in a program which has received prior approval, evidenced by
formal certification, by the U. S. Department of Labor, Manpower
Administration, Bureau of Apprentice and Training. The ratio of
trainees to journeymen shall not be greater than permitted under the
• plan approved by the Bureau of Apprenticeship and Training. Every
trainee must be paid at not less than the rate specified in the approve
program for his level of progress. Any employee listed on the' payroll
at a trainee rate who is not registered and participating in a train-
ing plan approved by the Bureau of Apprenticeship and Training shall be
paid not less than the wage rate determined by the Secretary of Labor
for the classification of work he actually performed. The contractor
or subcontractor will be required to furnish the contracting officer
.or a representative of the Wage -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 Train-
ing withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program
is approved.
(c) Equal Employment Opportunity. The utilization of apprentices, trainees
and journeymen under this part shall be in conformity with the equal
employment opportunity requirements of Executive Order 11246, as
amended, and 29CFR Part 30.
57. Employment of Certain Persons Prohibited
No person under the age of sixteen years and no person who, at the time,
is serving sentence in a penal or correctional institution shall be employed
on the work covered by this Contract.
58. Regulations Pursuant to So -Called "Anti -Kickback Act"
The Contractor shall comply with the applicable regulations (a copy of
which is attached and herein incorporated by reference) of the Secretary
of Labor, United States Department of Labor, made pursuant to the so-called
"Anit-Kickback Act" of June 13, 1934 (48 Stat. 948: 62 Stat. 862; Title
U.S.C., Section 874: and Title 40 U.S.C., Section 276c), and any amendments
or modifications thereof, shall cause appropriate provision to be inserted
in subcontracts to insure compliance therewith by all subcontractors sub-
ject thereto, and shall be responsible for the submission of affidavits
required by subcontractors thereunder, except as said Secretary of Labor may
specifically provide for reasonable limitations, variations, tolerances, and
exemptions from the requirements thereof.
59. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage
Determination Decision
Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Contract will be class-
ified or reclassified conformably to the wage determination by the Local
Public Agency or Public Body, and a report of the action taken shall be
submitted by the Local Public Agency or Public Body, through the Secretary
of Housing and Urban Development, to the Secretary of Labor, United States
Department of Labor. In the event the interested parties cannot agree on
- 20 -
the proper classification or reclassification of a particular blase 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 I
The Local Public Agency or Public Body shall require, whenever the
minimum wage rate prescribed in the Contract for a class of' laborers, or
mechanics includes a fringe benefit which is not expressed as an hourly wage
rate and the Contractor is obligated to pay cash equivalent of such a fringe
benefit, an hourly cash equivalent thereof to be established. In the event
the interested parties cannot agree upon a cash equivalent of the fringe ,
benefit, the question, accompanied by the recommendation of the Local Public
Agency or Public Body, shall be referred, through the Secretary of Housing
and Urban Development, to the Secretary of Labor for, determination.
61. Posting Wage Determination Decisions and Authorized Wate Deductions
The applicable wage poster of the Secretary of Labor, United States
Department of Labor, and the applicable wage determination decisions of
said Secretary of Labor with respect to the various classification of
laborers and mechanics employed and to be employed upon the work covered
by this Contract, and a statement showing all deductions, if any, iri,ac-
cordance with the provisions of this Contract, to be made from.wages
actually earned by persons so employed or, to be employed in such.,classi-
fications, shall be posted at appropriate conspicuous points at the site
of the work.
62. Complaints, Proceedings, or Testimony by Employees
Claims and disputes pertaining to wage rates or to classifications of
laborers and machanics 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.
63. Claims and Disputes Pertaining to Wage Rates
Claims and disputes pertaining to wage rates or to classifications of
laborers and mechanics employed upon the work covered by this Contract shall
be promptly reported by the Contractor in writing to the Local Public
Agency or Public Body for referral by the latter through the Secretary of
Housing and Urban Development to the Secretary of Labor, United States
Department of Labor, whose decision shall be final with respect thereto.
64. Questions Concerning Certain Federal Statutes and Regulations
All questions arising under this Contract which relate to the applicat-
ion or interpretation of (a) the aforesaid Anti -Kickback Act, (b) the
Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis -Bacon
Act, (d) the regulations issued by the Secretary of Labor, United States
Department of Labor, pursuant to said Acts, or (e) the labor standards
provisions of any other pertinent Federal statute, shall be referred,
through the Local Public Agency or Public Body and the Secretary of Housing
-21. -
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 Records of Contractor and Subcontractors
The Contractor and each'subcontractor shall prepare his payrolls on
forms satisfactory to and in accordance with instructions to. be furnished
by the Local Public Agency,.or.Public Body. The. Contractor; shall submit
weekly.to the Local,Public.Agency or Public Body two certified copies of all
payrolls of the Contractor and of the subcontractors, it being understood
that the Contractor shall be responsible for the submission,of copies of
payrolls of all subcontractors. Each such payroll shall contain the "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 subcontractor covering all laborers, and, mechanics employ
ed upon the work covered by this Contract shall be maintained during the
course of the work and perserved for a period of 3 years thereafter. Such
payrolls and basic payroll records shall contain the name and address of
each such employee, his correct classification, rate of pay (including rates
of contribution or costs anticipated of the types described in Section
1(b) (2) of the Davis -Bacon Act), daily and weekly number of hours worked,
deductions made, and actual wages paid. In addition, 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 includ the
amount of any costs reasonably anticipated in providing benefits under a
plan or program described in Section l(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 pro-
gram has been communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual cost incurred
in providing such benefits. The Contractor and each subcontractor shall
make his employment records with respect to persons employed by him upon the
work covered by this Contract available for inspection by authorized re-
presentatives of the Secretary of. Housing and Urban Development, the Local
Public Agency or Public Body, and the United States Department of Labor.
Such representatives shall be permitted to interview employees of the
I. Contractor or of any subcontractor during working hours on the job.
66. Specific Coverage of Certain Types of Work by Employees
The transporting of materials and supplies to or from the site of the
Project or Program to which this Contract pertains by the employees of the
Contractor or of any subcontractor, and the manufacturing or furnishing of
materials, articles, supplies, or equipment on the site of the Project or
Program to which this Contract pertains by persons employed by the Contract-
or by any subcontractor, shall, for the pruposes 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
without the Local Public Agency's or Public Body's prior written approval
- • .r. -. --r-. r..-.'- . -r-r.r'T�•r --..... -- . -. ....
-22-
• of the subcontractor. The Local Public Agency or Public Body will not
approve any subcontractor for work covered by this Contract :who -is.at ,i,
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 Certain Subcontracts
The Contractor shall include or cause to be included in each sub-
contract covering any of the work covered by this Contract, provisions
which are consistent with these Federal Labor Standards Provisions and also
a clause requiring the subcontractors to include such provisions in any
lower 'tier subcontracts which they may enter into, together with a clause
requiring such insertion in any further subcontracts that may in turn be
made.'
69. Breach of Foregoing Federal Labor Standards Provisions
In addition to the causes for termination of this Contract as herein
elsewhere set forth, the Local Public Agency or Public Body reserves the
right to terminate this Contract if the Contractor or any 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 employment practices for work on the project which will provide
new job opportunities for the unemployed and underemployed, and (2) shall
insert or cause to be inserted the same provision in each construction
subcontract. ' •
71. Contract Termination; Debarmant
A breach of: Section 45; and the. Federal. Labor. Standards provie,ions, may
be grounds for termination of the contract, and for debarment as provided
in 29 CFR 5.6.
- ■
•
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI -KICKBACK ACT' AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR.
UNITED STATES DEPARTMENT OF LABOR
TITLE 18. U.S.C., section 874 'r
(Replaces section I of the Act of June 13, 1934 (48 Stat. 948. 4O U.S.C.,
sec. 2766) pursuant to the Act of June 25. 1948, 62 Stat. 862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES.
Whoner. by form, intimidation, or threat of prururing dlamiwl from employment. or by any other manner whttso-
sent induces any person employed in the con,tnirtion, prosecution. completion or repair of any public budding. public work,
or building or work financed in whole or in pan by loans or grams from the United States. to pet up any part of the cons.
penution to which he is entitled under his contract of employmml. shall be fined not more than T.l-t1U0 or tmpri.oned not
enurethan rive years, or both.
SECTION 2 OF THE ACT OF JUNE 13. -1934. AS AMENDED (48 Slat. 948, 62 Star 662•
3 Stat. 108.72 Stat. 967, 40 US.C., ec. 276.)
The Secretary of Labor shall make reasonable regulations for contractors and #uhrontracton engaged in the construction. - -
proseeulbn, eoinplrtion oe repair of public building. public work# or buildings or work. financed in what, or in part b. loans_ .
otgrants from the United Slates, including s pm.iuun 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 IB (United States Guide) shall
apply to such statements
.
Pursuant to the aforesaid Anti -Kickback Art. the Secretary of Labor. United States Department of tabor. has promul.
pled the regulations hutinafter act forth. whirh repdations art found in Title 29. Subtitle A. Code of Federal HeNlati ns,
Part 3. The term "this pan.'as used in the regulations hereinafter set forth. refers to Part 3last ahoy. mentioned. Said rig.
o4tMa. are as follows:
TITLE 29 -LABOR
Subtitle A - Office of the Secte lazy of Labor
PART 3 -CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED UI
. WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
Section 3.1 Purpose and scope.
This part prescribes "antikickback" regulations under section 2 of the Act of June 13. 1934. as amended (40 U.S.C.
276c). popularly known as the Copeland Act. This put applies to any contract which is subject to Federal wage standards
and which is for the construction. prosecution, completion, or repair of public buildings. public works or buildings or works
financed in whole u in pet by loans or grants from the United Stats. The part h intended to aid in the enforcement of the
minimum wage provisions of the Dana -Bacon Act and the various statutes dealing with Federally -.Mated construction that
contain sitrdlu minimum wag provisions, including those provisions which are not subject to Reorganisation Plan No. 14
k
22
HUD 4238-S(R)
• ♦
(e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the , •e
enforcement of the ovirtime providona of the Contract Work Hours Standard. Act whenever they an applicable to construction
work. The pan detaito the obligation of cotireKi n and subcontractors relative to the weekly subm iaion of s atement.ngaril-iy ---- •- --- • --
btg the wage, paid on work covered thereby: vie forth the circumstance. and procedures governing the making of payroll de.
ductiona from the wage of those employed on auch,woh; and delineates the methods of payment penniaiblt on such yuck,
Section 3.2 Defmitione.
As used in the regulations in this part:
(a) The terns"building"or "work" generally include cnnroction activity me d'ulinguished from manufacuring, ''.
furnishing of materials, or servicing and maintenance work. The terms include. without limitation. buildings. structures. and
improvements of all type.. such as bridges, dams, plants. highways. parkways. streets. subways, tunnels. seven, main. pow"
line., pumping station.,railwAvs.airports. terminate, docks. pit..,.. whaM1 .. waye. lighthouses, buoys.jettie.. breakwater.
{even, and came, dredging. shoring. raf(olding. drilling. blasting, excavating, clearing, and landscaping. Urlew conducted in
connection with and at the alt of such a building or work as is described in the (ongoing sentence, the manufacture or funl&l•,
trail of material,, ankle., supplies, ce equipment (whether or not . Federal or State agency acquires linen to.ueh materials,
'article a, supplies. or equipment during the course of the manulacture or fumLhing, orowna the material. from which they an n
msnufactund orfumished) u not a"building"or",work"within the meaningof the,regulatioryin this pact.
(b) The Irma conatruction," "prosecution," "eomplelion,"or "repair" mean all types of work done on a panierrlar
building or work at the site thereof. including, without limitation, site ring, remodeling. painting and -decorating, the transport....
ingot materials and supplies to or from the building or work by the employees of the construction contractor or construction
subcontractor, and the manufacturing or furnishing of materials, article, supplies, or equipment on the silent the building or
work, by persons employed at the cite by the contractor or Subcontractor.
(c) The terns "pubic building" or "public work" include building a work for whose construction, prosecution, corn-
pterion, or repair, to defined above, a Feder.l agency is a contracting party, regardless of whether title thereof is in aFederal . , ,. „i -
agt"cy.
(d) The lean "building or work Financed in whole or in put by bane or grants from the United Stater"includes build
ing or work for whose construction, prosecution, completion, or repair. as defined above, payment or pat payment is made
diree1 y or indirectly (mm funds provided by bans or grants by a Federal agency. The term does not include building or work
for which Feder) assistance is limited solely to ban guarantees or inurence. ..r
.c....4 - ...-...._.:.:
(a) Every person paid by a contractor or subcontractor in any manner for has labor in the construction. prosmrtion.
completion, or repair of a public building or public work or building or work financed in whole or in part by loan or grants
from the United States is "employed" and receiving "wage;" regadlc. of any contractual relationship alleged to exist between
him and the real empbya.
(f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or orb•
contractor; a partneror officer of the contractor or subcontractor: a corporation closely connected with the contractor or
subcontractor a. punnt, subsidiary .otherwise, and an offices or agent of much corporation.
(g) The term "Federal agency" mean, the United Stater, the District of Columbia, and all executive departments. its
dependent establishment., administrative agencies. and instnmentalities of the United States and of the Di.trict of Columbia,
including corporation; all or substantially all of the dock of which is beneficially owned by the United State; by the District
of Columbia, or any of the foregoing department., establishments. agencies, and indrumenWitin.
Section 3.3 Weekly statement with respect to payment of wages. " "
(a) Am eased in this section, the term •employee" NaO not apply to persona in classifications hlgbme then Nat of labor... ........ .,
oeaotehanie and those who art the immediate supcsvi.on of such empbya., ..•.. . , . r ..• ii..
I
(b) Fact, eonlraeer or n,bcontnctor engngrel in the construction, prowcutiolt,eomple6on, or repo' of Ally puldie
bwlding or public work, a LuilJi..: a work financed in .hole or in part IVY loans or grants [rum Ile Cnitrd Slater. PLall
furn,l, earl vet a .tateletnt with to peck to the wages paid each of its rnq.lo)rrs en;aocd on stock rot -tied by 29 CFR
Part.3 and 3 during sloe prrerdm; %"i I) pavenll period. This stateinent .I.aII I.e eaen,lyd by lie contractor or a,brno.
tractor "by an s•utlwriyed afff"r or eniplu)'er of the rontrariar or •ubannllactor who'wl.cni.t the pacmnt of wars, and
shall be on form 11'11 3.18. "Slsicmn.s of (bmldias,ee', or w+ an ideitgeal fun" rem I lie back of \I'll 317,' 1' roll (File Co.,.
hatlon Optional Use)'oc en any form rich identical warding. Saugde copies of VII 317 and VVII Jut mat be .Mailed from
the
ica.e. rent Sena ractw ingwring r4rney. and ropiu of tune forms may i.e purchuwd as the Gwvnmeul Printirng
Offi
(c) flit rrqu4rments of this aeelime shall not apply to ally contract of $2.000 a lea.
(d) Upon a written Ending by 16e head of a Federal agency, the Secretary of Labor may provide reiwsn.Lle limilalions,
variatiune, tolerances, and exemptions from flue to .irement. of Ihim revision subject to Almh conditions as tilt Secretary of
Labor may specify.
129 F.R. 93, Ja n. 4. 1964. at amendrd at 33 F.R. I01 it6. July 17, 194'a8) _
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
(a) F.d, werlly statrn,ent required unite § 3.3 shall be delisrrod by she contractor or subco,urartor. within Vessel `
days after the repdar pat tirni date oilie pa) roll peri.sd. to a rrinr.rntative of a Federal or State agrnev in chirp- at the
free of tic Ltsddn.g or work. or, it ILert is no c1?ry9rbtive of a Federal or date a^erncy at the site of the huildir.g or work,
tie Mdemenl.hall Lt mailed by the contractor orslJ,contractor. w ii iii; such time, to a Federal or Stair azency amtrarliug
• foe or fna Sing lite LudJing or worse.:\ftor such raaoi'alien and v Lurk as near lie made, writ rbtrment. or a o,pe dmreof.
• shall be kept mailable. or shall be Iransmil led t..gel her willi a relon of an) violdt ion, in accordance will, applic4.le pruredures
prescribed by the United Stales Urpartmrnt of Labor. - -
(L) Each conirartor or subcontractor shall preen -c Lis wrellc flat roll records for a period of tirce reun from din, of
msnp1e6on of tic contract. Time parmll rernrds Plall eat out accuratdr aid compl.q.dv tilt name and adJrews of earl. lal.ue"
n and naehanie, hi z wreai fla'ifw-ai ion, rate of pas, daily slid w Brie lr number of hours worked. deductions made, and acl,nl
u4grs paid.. Such par roll records rJull be node available at all times for inspecIion by the contracting officer or Lo authorised
reprnenl at ire, and my aullonacd reprr.e.,tativn of IIit Department. of Lalror.
Section 3.5 Payroll deductions permissible without application to or approval of this Seaelxy of Labor. _
Deductions male under the circumstances or in 11w liiluations described in lite paragraphs of this section may be made
without application to and approval of the Secretary of Labor: . ' '- - .
(a) Any deduction made in compliance with lite rrquiremento of Federal. State, or local law, ouch u Federal of State
withholding intone true and Fedcral social security taus.
(1.) Any deduction of mine lnniousy paid to The employ" as a Iwna fade pmpaymenl of wages when such prepat mrnl
IN, made without di.suunt or intreesa. A "bons rode prepayment of tome"" is eon.idered to have kern made only wlwo Cal, or
itsequiwirnt had liven advanced to the promise employed in much mammy as to gin him complete freedom of dispo.iliun of the
advanced funds
.. I
(e) An) deduction of amounts required by enrol process to be paid to another. unless the dedocdonii in fjroe of the —
swetractor, subcunlrwturar any affiliated peso, w when cvllv.ion or collaboration coats,
•
I
•; bdtibit
(d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employee
oe representatives of employees, or both. for the propose of providing either from principal or income, or both, medical or ' " I• 't
hospital care, prmions or annuities on retirement, death benefits. comnen%atinis for injuries, illness. accidents, ,irkneas,or - r •
• disability, or for insurance to provide any of the foregoing. or unemployment benerls, vuarinn pay, savings account,, o
similar payments (or the benefit of emploj•ee., (heir families and drpendrnta: Horded, howe.e, That the following standard,"
an met: (I) The deduction is not otherwise prohibited by law; (_) it neither: (fl Voluntarily rnsented to by the employee" ' p ' r "'
n writing and in advance of the period in which the work is to he done and such consent is not a rvindilon either for the "" I"•"' •'
obtaining of or for the continuation of employment, or (ii) provided for in a bona fide eolk rtive bargaining agreement be.
tween the contractor or subcontractor and reprewnt.tieto of its employers: (3) no profit or other benefit isothervise obtained,
directly or indirectly, by the contractor or subcontractor or any affiliated person -in the form of commission, dividend, of
otherwise; and (4) the deductions shall sent the convenience and interest of the employee.
• (e) Any deduction contributing lowed the purchase of United States Defense Stamps and Bonds when voluntarily
authorized by the employee.
(1) Any deduction requested by the employee ta enable him to repay loans to or to purchase shun in credit unions
organized andoperated in accordance with Federal and State credit union statutes.
(g) Any deduction voluntarily authorized by the employee for the making of contributions to governmen W or quasi.
• governmental agencies, such a the American Red Crow
(h) Any deduction vnluntatily authorized by the employee for the making of contributions to Community Chests,
• United Given Funds, and similiar charitable organization,.
•' O Any deductions to pay regular union initiation fees and membership does. not including finea or special amesvnent,:
i provided, Aou•ever, That a collective bargaining apecment betv.een the contractor or subcontractor and representatives of is
( employees provide, for such deductions and the deduction i are not othrn.ne pmhddted by law.
Q) Any deduction not more than for the "reawnai le cost" of board. lodging, or other facilities meeting th, require.
menu, of section 3(m) of the Fair labor Standards Act of 1938. a. amended. and put 531 of this title. When such a deduction
is made the additional records required under § 516.7 (a) of this title shall be kept. . d
Section 3.6 Payroll deductions permissible with the approval of the Seaetary of Labor.
'
Any contractor or subcontractor may apply to the Secretary of Labor for permivion to make any deduction not pa.
• miltrd under § 3_S. The Secretary may pant permission whenever he finds that:
(a) The contractor, subcontractor, or any affiliated person don not make a piofit or benefit directly or indirectly from
the deduction-cither in the form of a commission, dividend, or otherwise:
(b) The deduction o 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 which - • • • :
the work i to be done and such consent.is not a condition either for the obtaining of employment or its rontinuanee, of (2) • ,
provided for in a bonne fide collective bargaining agreement between the contractor or subcontractor and npresenatsi.e of im
employee and
' - - (4) Thededuction ,seer, the mnranicnee and entered of the employee. ;.... .. ..
•
25
S
slatfnit
Section 3.7 Applications for the approval of the Secretary of Labor.
Any application for the making of payroll deduction, under § 3.6 dell comply with the requinmcnts prcscrled in the
following pnagr phi of this acction:
(a) The application shall he in writing and.J1.tl Ix .ddrraecd to the $caebry of Labor..
S
• (b) The appficat ion shill identify the contract or contract. under whir), Ilie work in question is to her preformed. Pa.
ta'wion will be giver for deductions only on specific, idenificd men tracts, eveept upon a showing of exceptional circomslanras,
" Y:
(e) The applic.Uon .11.11 state affirmatively that (lien it compliance with the st.ndarJs se) forth in the procition.of
§ 3.6- The affirmation shiti be accompanied by .full statement of the facts indicating such compliance.
(d) The &pplication shall include a Jewripiion of the proposed deduction, the purpose to he served thereby. slid the
dsae.of lslsoren or mechanics from wlwse wages the proposed deauction would be made.
(e) The application didl state the more and bhisinen of any third person to whom any funds obtained from the pro-
posed deductions we to be transmitted sod the affiliation of such person, if any. with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
• The Sicretary cl labor shell decide whether m net the nquesttd deduction 6 penniselle 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 part and which are not found to be permissible undo § 3.6 are proLliud.
Section 3.10 Methods of payment of wages.
The payment of wage. del be by cash, negotiable instruments p.q ablt on demand.or the additional forms of eotnpcui a-
• don for which deductions are permissible under this part. No oilier method, of payment shell be recognized on work subject
I tothe Copeland Act. .
I
Section 3.11 Regulations part of contract. - I
AU contracts made with respectto the construction, prosecution, eom1 ilel'wn. or repair of any public building or public
work orbuildingor work financed in whole or in part by loans at'srarts from the United Stites covered by the regulations in
this part dal] expressly bind the contractor m subcontractor to comply with such of the regulations in this pal a may be ar
pliable. In ilia njard, see § 5,$ (a) of this subtitle.
4.
HUD 4238-S(R)
• -
Index of General Conditions
Subject Section
Accident Prevention............ 44
Additional Bond...... . . . ...... 30
Additional Instructions........ 3
*Allowances. ... ..... .... ..... ... 36
Anit-Kickback Act. . ........... 58
Apprentices...... • a • • • a.. a •a . .e 56
Architect's Authority.......... 35
Assignments. .. a • , . . a a • a. . . • • . 31
Bond, Security...........,..,.. 29
Bond, Security, Additional..... 30
Changes in Work ................ 17
Claims for Extra Cost.......... 22
Completion Time ................ 19
Complaints, Proceedings or
Testimony...... . . . 'S..s. a.. • . 62
Condition, Subsurface.......... 21
Conflicting Conditions......... 41
Construction Schedule.......... 24
Contract Documents..........•.., 1
• Contract Security .............• 29
Contractor's Insurance......... 28
Contract Termination..........: 71
Contractor's Mutual Respon-
sibility ..................... 32
Contractor's Obligations....... 11
Claims and Disputes............ 63
Contractor's Title to Material. 6
Classifications Not Listed..... 59
Correction of Work............ 20
Damages, Liquidated............ 19
Data, Reports and Records...... 15
Debarment Breach of Labor
Standards...... . . . . . . . . . . . . . . 69
• Debris Removal.....:...•..:.... 37
Definitions. . . . . . . . . . . . . . . . . . . . 2
Detail Drawings................ 3
Different Subsurface........... 21
Discrimination, Employment..... 46
Drawings Detail ................ 3
Emergencies. . . . a a . a . . 13
Employment Practices........... 70
*Equal Employment Opportunity... 46
Estimated Quantities........... 38
Extras...... . a a a.. a. .a.. a...... 18
FinalPayment.................. 26
*Guaranty, General.............. 40
Inspection..... a...... a... a.... 14
Inspection of Materials........ 7
Insurance. ......•.............. 28
Lands and Rights -of -Way........ 39
Legal Provisions, Implied...... 43
Liquidated Damages ............. 19
Materials...... . . . . . . . . . . . . . . . . 5
Member of Congress............. 47
Minimum Wages...... . a.. a . a. • . . 52
Nondiscrimination Employment... 46
Notice and Service............. 42
Subject Section
Obligations of Contractor.......
"Or Equal" Clause ...............
Overtime Compensation...........
Owner's Right to Terminate......
Patents,........................
Payment of Employees............
Payments by Contractor..........
Payments to Contractor..........'
Payrolls and Records...........•
Periodic Estimates ..............
Permits, Surveys, Regulations...
Photographs...... a a. a a.. a...... ..
Posting Minimum Wage Rates......
• Prohibited Interests.......'....:'
Protection of Lives and Health..
11 -
84
55
'23
9
52
27
25
65
24
10
50
61
48
44
Protection of Work, Property.:..`
*Provisions Required by Law......
• • Quantities of Estimate........,....
Questions Concerning Regulation.
13
43
38
64
Release of Contractor...........
Removal of Debris ..:........:...
• Reports, Records and Data..••.
Responsibility of Contractor....
Right of Owner to -Terminate....•
Rights -of -Way.........•.........
• Schedule of Construction........
Security...... . . . . . . . ...... • . a
Separate Contracts..,..... . . a...
Services, Materials, Facilities.
26
37
15
32
23
39
24
29
33
5
Shop Drawings... • . . . . . . . . . . . . .a
Specific Coverage...........••..
Stated Allowances ...............
Subcontracting..................•
Subcontractor's Insurance.........
LSubcontractors Ineligible.....:.
Substitute Bond. . . a a . . . .
Subsurface Conditions...........
Superintendency by Contractor...
Surveys, Permits.... ... .........
Suspension of Work......•.......
Termination of Contract.........
Testing of Materials............
Time for Completion .............
Title to Materials.........•....
Use and Occupancy ...............
Use of Premises .................
Underpayments of Wages..........
Wages, Minimum.. . . a.... -. ......
Wage Underpayments.. ..... ......
Weather Conditions..............
Withholding of Payments.........
4
66
36
34,45
28
67
30
21
16
10
51
23,71
7
19
6
49
37
53
52
53
12.
53
*Anticipated Fringe Benefits..... 54
*Employment Prohibited........... 57
*Fringe Benefits Not Expressed... 60
*Provisions to be Included.......
**Attachment to Federal Labor Standards Provi
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
4. Public Liability and Property Damage Insurance
5. Photographs of Project
6. Schedule of Minimum Hourly Wage Rates
7. Builder's Risk Insurance
8. Special Equal Opportunity Provisions
9. Certification of Compliance with Air and Water Acts
10. Special Conditions
A.
Definitions
B.
Scope, Nature, and Intent of Contract, Specifications
and Plans.
C.
Figured Dimensions to Govern
D.
Contractor to Check Plans and Schedules
E.
Staking the Work
F.
Inspection
G.
Protection of Public Utilities
H.
Use of Explosives
I.
flange Signals and Safety Devices
J.
Sanitary Conveniences
K.
Privileges of Contractors in Streets
L.
Sunday, Holiday and Night Work
M.
Owner's and Engineer's Protective Liability Insurance..
11. Federal
Labor Standards Provisions
0
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:"; „i
DRAWINGS:
General Construction:
Heating and Ventilating:
Plumbing:
•
Electrical:
11
I. .
SPECIFICATIONS:
Y
`:
General Conditions:
Page
to
,
incl.
Heating and Ventilating:
"
to
,
incl.
Plumbing:
to
,
incl.
•"
Electrical:
"
to
,
incl.
to
,
incl.
to
,
incl.
It
Nos.
11
ADDENDA:
No. Date No.
No. Date No.
Date
Date
2.
STATED ALLOWANCES
Pursuant to paragraph
36 of the Beneral
Conditions, the
contractor shall
include the following
cash allowances in his proposal:
(a)
For
(Page_
of
Specifications)
$
(b)
For.
(Page
of
Specifications)
$
(c)
For
(Page_
of
Specifications)
$
(d)
For
(Page
of
Specifications)
$
(e)
For
(Page
of
Specifications)
$
(f)
For
(Page_
of
Specifications)
$
3. SPECIAL HAZARDS
0
The Contractor's and hie Subcontractor's Public Liability
Damage Insurance shall provide adequate protection against
special hazards:
ULASIjING
and Property
the following'
4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY, AND
PROPERTY DAMAGE INSURANCE
As required under paragraph 28 of the General Conditions, the Contractor's
Public Liability Insurance and Vehicle Liability Insurance shall be in
amount not less than $200,000.00 for injuries, including accidental
death, to any one person, and subject to the same limit for each person,
in an amount not less the $ 500,000.00 on account of one accident, and
Contractor's Property Damage Insurance in an amount not less than $100,000.00
*SEE NOTE BELOW.
The Contractor shall either (1) require each of his subcontractors to pro-
cure and to maintain during the life of his subcontract, Subcontractor's
Public Liability and Property Damage of the type and in the same amounts
as specified in the preceding paragraph, or (2) insure the activities of
his subcontractors in his own policy.
5. PHOTOGRAPHS OF PROJECT
As provided in paragraph 50 of the General Conditions, the Contractor will
furnish photographs in the number, type, and stage as enumerated below:
None Required
6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY WAGE RATES AS
REQUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS
Given on Pages , and
7. BUILDER'S RISK INSURANCE
As provided in the General Conditions, paragraph 28(e), the Contractor will/
)6%Mm&,Rl* maintain Builder's Risk Insurance (fire and extended coverage) on
a 100 percent completed value basis on the insurable portions of the project
for the benefit of the Owner, the Contractor, and all subcontractors, as
their interests may appear.
* Strike out one.
*NOTE: In accordance with Arkansas Law, Insurance shall be issued by a
Resident Arkansas Agent liscensed by the State Insurance Department
of the State of Arkansas; or if issued by out -of --state, such in-
surance or certificate shall be endorsed or co-signed by a Resident
Arkansas Agent Insurance Companies. Underwriters of the required
insurance shall be licensed by the State of Arkansas.
I. PRIVILEDGES 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 whereever 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.
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 sub-
contracts under $10,000)
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or. applicant
for employment because of race, color, religion, sex, or national
origin. The Contractor shall take affirmative action to ensure that
applicants for employment are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex,
or national orgin. Such action shall include, but not be limited to,
the following: employment, upgrading, demotion, or transfer; recruitme
or recruitment advertising; layoff or termination; rates of pay or,
other form of compensation; and selection for training, including
apprenticeship.
(2) The Contractor shall post in conspicuous places, available to employees
and applicants for employment, notices to be provided by Contracting
Officer setting forth the provisions of this nondiscrimination clause.
The Contractor shall state that all qualified applicants will receive
consideration for employment without regard to race, color, religion,
sex, or national origin*. ,.
(3) Contractors shall incorporate foregoing requirements in all subcontract
B. Contracts Subject to Executive Order 11246, as Amended
(Applicable to Federally assisted construction contracts and related sub-
contracts exceeding $10,000)
During the performance of this contract, the contractor agrees as follows:
Cl)
L1
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 employ-
ment without regard to their race, colors 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' selectionfo 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 provisions; of this nondiscrimina-
tion clause
11 I . I V. • . • I
(2)' The Contractor will, in all solicitations or advertisement for employees
placed by or on behalf of' the Contractor, state that ail' qualified
applicants will receive 'consideration for employineti'tswithout regard to
race, color, religion, ;sex,, or national origin. ,I i. .. , , . ;
t,.
(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' represent-
atives of the Contractor's commitment under this section and shall post
copies of the notice in conspicuous places available;to•employees and
applicants for employment,
(4) The Contractor will comply with all provision of Executive Order 11246
September 24, 1965, and of the rules, regulations and relevant orders
of the Secretary of Labor.
(5)
(6)
(2)
The Contractor will furnish all information and reports required by
Executive Order 11246,of September 24, 1965,.and by the rules, regulat-
ions, 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.
In the event of the Contractor's noncompliance with the nondiscrimin-
ation 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 contracts or federally assisted construction. contract
procedures authorized in Executive Order 11246 of September 24,.1965,.
or by rule, regulation, or order of the Secretary of Labor,;or as
otherwise provided by law.
The Contractor will include the portion of thesentence, immediately...
preceding paragraph (1) and the provisions of paragraph (1) through (7)
in every subcontract or purchase order unless exempted by rules, reg-
ulations, or orders of the Secretary of Labor issued pursuant to
Section.204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or
purchase order as the Department may direct as a means of enforcing such
provisions, including sanctions for noncompliance: Provided, however,
that in the event a Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such
direction by the Department, the Contractor may request the United
States to enter into such litigation to protect the interest of the
United States.
CM•w T0. I:i- i"111', I •
:
Co Hometown or Imposed Plans .
In areas where a hometown plan or imposed plan is, operative,the Community
Development. Block Grant Recipient must contact the appropriate HUb Equal
Opportunity Office for specific instructions.
D. "Section 3" Compliance in the Provision of Training, Employment and Business
e. Opportunities:
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 amend-
ed, the HUD regulations issued pursuant thereto 'at 24 dFR Part 135, and
any applicable.rules.and orders of HUD issued thereund'er.' H
(2) The "Section 3 clause" set forth in 14 CFR 135,20(bj sha1i'form part of
this contract, as set forth in Paragraph 1 of the General Conditions,
"Contract and Contract Documents.'!,
,'
(3) Contractors shall incorporate the "Section 3 clause" shown below and
the foregoing requirements in all subcontracts.
Section 3 Clause as Set Forth in 24 CFR 135.20(b)
A. The work to be performed under this contract is on a project assisted under
a program providing direct Federal financial assistance from the Department
of Housing and Urban Development and is subject to the requirements of sectic
3 of the Housing and Urban Development Act of.1968, as amended, 12 USC 170
lu. Section 3 requires that to the greatest extent feasible opportunities
for training and employment be given lower income residents of the project
area and contracts for work, in connection with the project be awarded to
business concerns which are located in, or owned in substantial part by
persons residing in the area of the project.
B. The parties to this contract will comply with the provisions of said section
3 and the regulations issued pursuant thereto by the Secretary of Housing
and Urban Development set forth in 24 CFR , and all applicable rules
and orders of the Department issued thereunder prior to the execution of
this contract. The, parties to this contract certify and agree that they are
under no contractual or other disability which would prevent them from com-
plying with these requirements.
C. The Contractor will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other contract
or understanding, if any, a notice advising the said labor organization or
workers' representative of his commitments under this section 3 clause and
shall post copies of the notice in conspicuous places available to employees
and applicants for employment or training.
D. The Contractor will include this section 3 clause in every subcontract for
' work in connection with the project and will, at the direction of the
applicant for or recipient of Federal financial assistance, take appropriate
action pursuant to the subcontract upon a finding that the subcontract is in
violations of regulations issued by the Secretary of Housing and Urban
Development, 24 CFR . The Contractor will not subcontract with any
subcontractor where it has notice or knowledge that the latter has been
found in violation of regulations under 24 CFR and will not let any
subcontract unless the subcontractor has first provided it with a prelimin-
ary statement of ability to comply with the requirements of these regulations.
E. Compliance with the provisions of section 3, the regulations set forth in
24 CFR , and all applicable rules and orders of the Department issued
thereunder prior to the execution of the contract, shall be a condition of
the Federal financial assistance provided to the project, binding upon the
applicant or recipient for such assistance, its successors, and assigns.
Failure to fulfill these requirements shall subject the applicant or recip-
ients, its contractors and subcontractors, its successors, and assigns to
those sanctions specified by the grant or loan agreement or contract through
which Federal assistance is provided, and to such sanctions as are specified
by 24 CFR 135.
9. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts and related sub-
contracts exceeding $100,000)
Compliance with Air and Water Acts
During the performance of this contract, the contractor and all subcontractori
shall comply with the requirements of the Clean Air Act, as amended, 42 USC
1857 et seq., the Federal Water Pollution Control Act, as ammended, 33 USC
1251 et seq., and the regulations of the Enviornmental Protection Agency
with respect thereto, at 40 CFR Part 15, as amended.
In addition to the foregoin requirements, all nonexempt contractors and sub-
contractors 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 Enviornmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the contractor to comply with all the requirements of
Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and
Section 308 of the Federal Water Pollution Control Act, as amended,
(33 USC 1318) relating to inspection, monitoring, entry, reports and
information, as well as all other rquirements specified in said Section
114 and Section 308, and all regulations and guidelines issued there-
under.
(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 E?A List of Violating Facilities.
(4) Agreement by the Contractor that he will include, or cause to be includ-
ed, the criteria and requirements in paragraph (1) through (4) of this
section in every nonexempt subcontract and requiring that the Contracto)
will take such action as the Government may direct as a means of
enforcing such provisions. . '
1.0. SPECIAL CONDITIONS
A. DEFINITIONS
In addition to the Definitions as given in Section 2 of the Ceneral 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 Milholland Engineering & Surveying, Consulting
Engineer . Fayetteville, Arkansas, who have been employed by the Owner for
this work, or their duly authorized agents.
The word "Inspector" shall mean the engineering or technical inspector or
inspectors duly authorized by the Engineer, limiting to the particular
duties entrusted to him or them.
The words "Bid" or "Proposal" are used interchangeably in these 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.
• B. SCOPE, NATURE, AND INTENT OF CONTRACT, SPECIFICATIONS AND PLANS
The said specifications and plans are intended to supplement, but not
8-35
• necessarily duplicate each other, and together constitute one complete set
of specifications and plans, so that any work exhibited in the one and not
in the other, shall be executed just as if it had been set forth in both,
in order that the work shall be completed according to the complete design
or designs as decided and determined by the Engineer. Should anything be
omitted from the specifications and plans which is necessary to a clear
understanding of the work, or should it appear various instructions are
in conflict, then the Contractor shall secure written instructions from the
Engineer before proceeding with the construction affected by such omission
or discrepancies. It is understood and agreed that the work shall be
performed and completed according to the true spirit, meaning, and intent
of the contract, specifications and plans.
C. FIGURED DIMENSIONS TO GOVERN
Figured dimensions, when given on the plans, shall be accurately followed,
even though they differ from scaled measurements. No work shown on the
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 SCUP.DUI.ES
The Contractor is required to check all dimensions and quantities on the
plans and schedules given to him by the Engineer, and shall notify the
Engineer of any discrepancy between the plans and the conditions on the
ground, or any error or omissions in the plans, or in the layout as given
by stakes, points, or instructions, which he may discover in the course of
the work. The Contractor will not be allowed to take advantage of any
error or omission in the plans or contract documents, as full instructions
will be furnished by the Engineer should error or omission be discovered,
and the Contractor shall carry out such instructions as if originally
specified.
E. STAKING THE WORK
The work to be done will be staked out by the Engineer, and the Contractor
shall be required to conform to the stakes as set by the Engineer, and to
carefully preserve all stakes.
F. INSPECTION
As set out in Section 14 of the General Conditions, the project shall at
all times be subject to inspection by representatives of the Department of
Housing and Urban Development. Access and 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
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
8-36
• 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
ehEngiof work progress or change
nrin advfh'nning of
work after delays, shutdowns, b
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 supervisonof s forthe
construction, nor make him responsible for providing a safe place
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.
lfiere the provisions of safety, in any of its categories, ar
e ing
observed, and this condition comes to the attention of the Engineer
or
his representatives, the Engineer may require standard
safety
fety not edures Lute
to be initiated, but the requirement of these procedures
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 asare
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 toverheadhe wrsnofustea'm, gas,
water, sewer and other pipe lines or conduits,
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 Contractorisshall
ahl recreceive
e no
compensation over the unit and lump sum prices sp
• the completion of this contract, which prices shall cover every item of
additional cost for all the material and labor necessary to support,
8-37
. protect, or remove such tracks, pipes, conduits, overheadand 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 shal.l 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 theplans.."
H. USE OF EXPLOSIVES
When the use of explosives is necessary for the prosecution of the work, the
Contractor shall observe all local, state and federal laws in purchasing
and handling explosives. The Contractor shall take all necessary precaution
to protect completed work, neighboring property, water lines, or other under-
ground structures. Where there is danger to structures of property from
blasting, the charges shall be reduced and the material shall be covered
with suitable timber, steel or rope mats.
The Contractor shall notify all owners of public utility property of intention
to use explosives at least eight hours before blasting is done close to such
property. Any supervision or direction of use of explosives by the Engineer
does not in any way reduce the responsibility of the Contractor or his surety
for damages that may be caused by such use.
I. DANGER SIGNALS AND SAFETY DEVICES
The Contractor shall take all necessary precautions to guard against damages
to property and injury to persons. He shall put up and maintain in good
condition sufficient red or warning lights at night, suitable barricades
and other dev"i"ces necessary to protect the public. in case the Contractor
fails or neglects to take such precautions, the Owner may have such lights
and barricades installed and charge the cost of this work to the Contractor.
Such action by the Owner does not relieve the Contractor of any liability
incurred under these specifications or contract.
J. SANITARY CONVENIENCES
Sanitary conveniences, consistent with good health standards and decency
shall be provided for the workmen. Such conveniences shall be approved
by the local officials responsible for such standards. Such conveniences
shall be maintained in good order and waste disposed of regularly and to
the satisfaction of said official.
The Contractor shall provide a safe drinking water for all workmen. The
water shall come from a safe source approved by the Arkansas Department of
Health. Water shall be delivered to workmen through an approved water
spigot or angle jet fountain, and the use of a common drinking cup will be
prohibited.
8-38
K. PRIVILEGES OF CONTRACTORS IN STREETS
The Contractor will be entitled to use such streets, alleys, roadways, or
parts of the streets and alleys as are necessary for the prosecution of the
work. The use of such public thoroughfares shall be at the direction of
the Engineer and in accordance with the provisions as expressed by him.
The Contractor will take care to keep streets open for use whenever practi-
cable; cross streets will be kept open wherever possible.
The Contractor will notify the Fire Chief of the locality when a street is
closed and shall again notify him when it is opened for traffic. In case
no adequate detour can be provided, the Contractor will stand in readiness
to provide a crossing in case of any emergency.
L. SUNDAY, HOLIDAY AND NIGHT WORK
No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., nor on
Sundays or legal holidays, except work as may be necessary for the proper
care and protection of work already performed, or in case of any emergency,
and in any case only with the written permission of the Engineer.
It is understood, however, that night work may be established as a regular
procedure by the Contractor if he first obtains the written permission of
the Engineer, and that such permission may be revoked at any time by the
Engineer if the Contractor fails to maintain at night an adequate force
and equipment for reasonable prosecution and supervision of the work.
M. OWNER'S AND ENGINEER'S PROTECTIVE LIABILITY INSURANCE
The Contractor shall indemnify and save harmless the Owner and. Engineer
from and against all losses and claims, demands, payments, suits, actions,
recoveries and judgments of every nature and description brought or
recovered against him by reason of any omission or act of the Contractor,
his agent or employees in the execution of the work or in the guarding of
it. The Contractor shall obtain in the name of the Owner and Engineer and
shall maintain and pay the premiums for such insurance in an amount not
less than $100,000/$500,000 limits, and with such provisions as will protect
the Owner and Engineer from contingent liability under this contract. The
cost of this insurance is not an item whose cost will be participated in
by the Federal Government. Therefore, if required, the Contractor shall
furnish the Owner a cost breakdown.
8-39
HUD -4010
(2-76)
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FEDERAL LABOR STANDARDS PROVISIONS
1. APPLICABILITY
The Project or Program to which the work covered by this Contract
pertains is being assisted by the United States of America and the
following Federal Labor Standards Provisions are included in this
Contract pursuant to the provisions applicable to such Federal assist-
ance.
2. IITNIMUM WAGE RATES FOR LABORERS AND MECHANICS
All laborers and mechanics employed upon the work covered by this
Contract shall be paid unconditionally and not less often than once
each week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are made mandatory by law and such
other payroll deductions as are permitted by the applicable regula-
tions issued by the Secretary of Labor, United States Department of
Labor, pursuant to the Anti -Kickback Act hereinafter i.dentified), the
full amount due at time of payment computed at wage rates not less
than those contained in the wage determination decision of said
Secretary of Labor (a copy of which is attached and herein incorporated
by reference), regardless of any contractual relationship which may be
alleged to exist between the Contractor or any subcontractor and such
laborers and mechanics. All laborers and mechanics employed upon such
work shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory facilities approved by the
Local Public Agency or Public Body for the cashing of the same without
cost or expense to the employee. For the purpose of this clause,
contributions made or costs reasonably anticipated under Section 1 (b)
(2) of the Davis -Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the
provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal
Regulations. Also for the purpose 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.
3. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any
subcontractor to laborers or mechanics employed by the Contractor or
subcontractor upon the work covered by this Contract, the Local Public
Agency or Public Body in addition to such other rights as may be afford-
ed it under this Contract shall withhold from the Contractor, out of
any payments due the Contractor, so much thereof as the Local Public
•Page 1 of 13 Pages
8-40
Agency or Public Body may considernece_ssary to nay such laborers or
mechanics the full amount of watts 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 i.n the applicable wage
determination.
14. ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or other
third person, he may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing
fringe benefits under a plan or program of a type expressly listed in
the wage determination decision of the Secretary of Labor which is a
part of this Contract: Provided, however, the Secretary of Labor has
found, upon the written request of the Contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor
may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program. A copy of
any findings made by the Secretary of Labor in respect to fringe benefits
being provided by the Contractor must be submitted to the Local Public
Agency or Public Body with the first payroll filed by the Contractor
subsequent to receipt of the findings.
5. OVERT]}IE COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFEPY
STANDARDS ACT (76 Stat. 357-360: Title 40 U.S.C., Sections 327-
332)
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the Contract work which may require or
involve the employment of laborers or mechanics, including watchmen
and guards, shall require or permit any laborer or mechanic in any
workweek in which he is employed on such work to work in excess of 8
hours in any calendar day or in excess of 40 hours in such work week
unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times his basic, rate of pay for all hours
worked in excess of B hours in any calendar day or in excess of 140 hours
in such work week, as the case nay be.
(b) Violation: liability for unnaid waxes liquidated dam s.
In the event of any violation of the clause set forth in paragraph(a),
the Contractor and any subcontractor responsible therefor shall be
liable to any affected employee for his unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States
for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic employed in violations
of the clause set forth in paragraph (a), in the sum of $10 for each
calendar day on which such employee was required or permitted to work
Page 2 of 13 Pages
HUD -4010 (2.76)
8-41
in excess of 8 hours or in excess of the standard workweek of 140 hours
without payment of the overtime wages required by the clause set forth
in paragraph (a).
(c) Withholding for li.ouid,ated damages. The Local Public Agency
or Public Body shall withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contractor or subcontractor,
such sums as may administratively be determined to be necessary to
satisfy any liabilities of such Contractor or subcontractor. for liqui-
dated damages as provided in the clause set forth in paragraph (b).
(d) Subcontracts. The Contractor shall insert in any subcontracts
the clauses set forth in paragraphs (a), (b), and (c).of this Section
and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts which they may enter into, togr,ther with
a clause requiring this insertion in any further subcontracts that may
in turn be made.
6. PHPLOYTY104T OF AYPli1NT1:C1,6/1'RATPi};};$
a. Apprentices will be peinnitted 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 profram,
who is not individually registered in the program, but who has
been certified by the Bureau of Apprenticeship and Training or
a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The
allowable ratio of apprentices to journeymen in any craft classi-
fication shall not be greater than the ratio permitted to the
contractor as to his entire work force under the registered
program. Any employee listed on a payroll at an apprentice
wage rate, who is not a trainee as defined in subdivision (b)
of this subparagraph or is not registered or otherwise employed
as stated above, shall be paid the wage rate determined by the
Secretary of Labor for the classification of work he actually
performed. The contractor or subcontractor will be required to
Page 3 of 13 Pages
• 8-42
r+uo-4010 (2-76)
furnish to the contracting officer or a representative of the
Wagc-IIour Division of the U. S. Department of Labor written
evidence of the registration of his progr:,wwn and apprentices as
well as the appropriate ratios and wn{e rates (expr':ssod 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 wa& 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 i.n that program. In the event the Bureau
of Apprenticeship and Training withdraws approval of a train-
ing program, the contractor will no longer be permitted to
utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is
approved.
c. Eaual 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 112146, as amended, and 29 CFR Part 30.
Page 4 of 13 Pages
8-43 HUD -4010 (2-76)
S 7* ElVLOYMENT OF CERTAIN PERSONS PROHIBIT1
No person under the age of sixteen years and no person who, at the
time, is serving sentence in a penal or correctional institution shall
be employed on the work covered by this Contract.
8. REGULATIONS PURSUANT TO SO-CALLED "A.NFI-KICKP.A.CK ACT"
The Contractor shall comply with the applicable regulations (a
copy of which is attached and herein incorporated by reference) of the
Secretary of Labor, United States Department of Labor, made pursuant to
the so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat. 9)(8: 62
Stat. 862; Title U.S.C., Section 874: and Title 40 U.S.C., Section 276c),
and any amendments or modifications thereof, shall cause appropriate
provisions to be inserted in subcontracts to insure compliance therewith
by all subcontractors subject thereto, and shall be responsible for the
submission of affidavits required by subcontractors thereunder, except
as said Secretary of Labor may specifically provide for reasonable
limitations, variations, tolerances, and exemptions from the require-
ments thereof.
9. EMPLOYMENT OF I,ABORE31S OR MECHANICS NOT LISTED IN AFORESAID WAGE
Db2h 1MINATION DECISION
Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Contract will be
classified or reclassified conformably to the wage determination by the
Local Public Agency or Public Body, and a report of the action taken
shall be submitted by the Local Public Agency or Public Body, through
the Secretary of Housing and Urban Development, to the Secretary of
Labor, United States Department of Labor. In the event the interested
parties cannotagreeon the proper classification or reclassification
of a particular class of laborers and mechanics to be used, the question
accompanied by the recommendation of the Local Public Agency or Public
Body shall be referred, through the Secretary of Housing and Urban
Development, to the Secretary of Labor for final determination.
10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
The Local Public Agency or Public Body shall require, whenever the
minimum wage rate prescribed in the Contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly
wage rate and the Contractor is obligated to pay cash equivalent of such
a fringe benefit, an hourly cash equivalent thereof to be established.
In the event the interested parties cannot agree upon a cash equivalent
of the fringe benefit, the question, accompanied by the recommendation
of the Local Public Agency or Public Body, shall be referred, through
the Secretary of Housing and Urban Development, to the Secretary of
'Labor for determination.
Page 5 of 13 Pages
HUD -4010 (2-76)
8-44
11. POSTING WAGE DF; VERJ'i PHATION DECISIONS AND AU'PI?ONIZE.D WAGE D'r;DUCTIONS
The applicable wage poster of the Secretary of Labor, United States;
Department of Labor, and the applicable wage determi.nation decisions of
said Secretary of Labor with respect to the various classification of
laborers and mechanics employed and to be employed upon the work covered
by this Contract, and a statement showing all deductions, if any, in
accordance with the provisions of this Contract, to be made from wages
actually earned by persons so employed or to be employed in such classi-
fications, shall be posted at appropriate conspicuous points at the site
of the work.
12. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY ENPLOYF2S
No laborer or mechanic to whom the wag, 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 .'tenda.rds appli-
cable under this Contract to his employer.
13. CLAIMS AND DISPUTES PERTA:[NING TO WAGF. 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.
llt. QUESTIONS CONCEaIN]TNG CERTAIN fl1DFJ'RAL STATUTES AND RP7GULAPIONS
All questions arising under this Contract which relate to the
application or interpretation of (a) the aforesaid Anti -Kickback Act,
(b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid
Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor,
United States Department of Labor, pursuant to said Acts, or (e) the
labor standards provisions of any other pertinent Federal statute, shall
be referred, through the Local Public Agency or Public Body and the
Secretary of Housing and Urban Development, to the Secretary of Labor,
United States Department of Labor, for said Secretary's appropriate
ruling or interpretation which shall be authoritative and may be relied
upon for the purposes of this Contract.
15. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCOn'PRACTORS
The
Contractor and
each
subcontractor
shall
prepare his
payrolls
on forme
satisfactory to
and
in accordance
with
instructions
to be
' Page 6 of 13 Pages
HUD.4010 (2-76)
8-45
furnished by the Local Public Agency or Public Body. The Contractor
shall submit weekly to the Local Public Agency or Public Body two
certified copies of all payrolls of the Contractor and of the subcon-
tractors, it being understood that the Contractor shall be responsible
for the submission of copies of payrolls of all subcontractors. Each
such payroll shall contain the "Weekly Statement of Compliance" set
forth in Section 3.3 of Title 29, Code of Federal Regulations. The
payrolls and basic payroll records of the Contractor and each subcon-
tractor covering all laborers and mechanics employed upon the work
covered by this Contract shall be maintained during the course of the
work and preserved for a period of 3 years thereafter. Such payrolls
and basic payroll records shall contain the name and address of each
such employee, his correct classification, rate of pay (including -rates
of contributions or costs anticipated of the types described in Section
l(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked,
deductions made, and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29,
Code of Federal Regulations, that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section 1(b)(2)(B) of the
• Davis -Bacon Act, the Contractor or subcontractor shall maintain records
which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan
or program has been communicated in writing to the, laborers or mechanics
affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. The Contractor and each
subcontractor shall make his employment records with respect to persons
employed by him upon the work covered by this Contract available for
inspection by authorized representatives of the Secretary of Rousing and
Urban Development, the Local Public Agency or Public Body, and the United
States Department of Labor. Such representatives shall be permitted to
interview employees of the Contractor or of any subcontractor during
working hours on the job.
16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY Fa1PLOYEES
The transporting of materials and supplies to or from the site of
the Project or Program to which this Contract pertains by the employees
of the Contractor or of any subcontractor, and the manufacturing or
furnishing of materials, articles, supplies, or equipment on the site
of the Project or Program to which this Contract pertains by persons
employed by the Contractor or by any subcontractor, shall, for the
purposes of this Contract, and without limiting the generality of the
foregoing provisions of this Contract, be deemed to be work to which
these Federal Labor Standards Provisions are applicable.
17. INELIGIBLE SUBCONTRACTORS
The Contractor shall not subcontract any part of the work covered
by this Contract or permit subcontracted work to be further subcontracted
Page 7 of 13 Pages
8-46 HUD -4010 (2-76)
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 wider the provisions of any applicabl.e regulations
issued by the Secretary of Labor, United States Department of Labor or
the Secretary of housing and Urban Development, to receive an award of
such subcontract.
18. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS
The Contractor shall include or cause to be included in each
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.
19. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as
herein elsewhere set forth, the Local Public Agency or Public Body
reserves the right to terminate this Contract if the Contractor or any
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.
Page 8 of 13 Pages
8-47 HUD -4010 (7.76)
HUD -4010. 1
(7.76)
AYFACI IM LNT TO FEDERAL LABOR STANDARDS I'ROV ISIONS
SO-CALLED "ANTI -KICKBACK ACT" AND REGULATIONS I'RO11ULC:AT ED
PURSUANT TIIERIETO BY '1111: SECRETARY OF LABOR.
UNITED STATES DEPAR'T%IENT OF LABOR
TITLE 18, U.S.C., section 874
(Replaces section I of the Act of June 13, 1934
(48 Slat.
949.
4O U.S.C.,
sec. 27(b) pursuant to the Act of June 25.
1948,162
Slat.
862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
(\'hunrq hr force., IIIli Fullaf an. lit threat of pn.euring di.mi, aI (rain rmploy onr'nI. or by am ollrr ern xmnr w1tmso-
evet indurr any pawn ruy,loved in the Ion A rurtinu. pm,.'nei In, ru onl,bet ion or repair of any politic Imildirng, public w ark,
or boidiug or work finru s rd in w bole or in pad by luate or grants (mm the Doitrd Sl lat.-s. In gin r up any p:rl .If Ibr <orn-
pruualiun to which lie is cnlillyd ,ruder Iii s (I nlrarl of rinplo) mint.'ball he fined not timer 111.ru 53,IN10 ur iwpri-<eird not
in nr titan five v ear, or bill h. .
SECTION 2 OF THE ACT OF
JUNE
13,
1934, AS AMENDED (48 Slat.
948.62 Slat.
862,
63 Slat.
108,72
Stat.
967,40 U.S.C.. see. 276c)
The Srrn'[am of labor I, all nukr r a'maIill regulations bar , ontrarIon, and suhronI larIors ru6amd in the r„n,trucliun,
prnsrnrtion, cnmPb'tion or repair of publ it buildings, public works or IFtildings or works fiu:mred in wbi.lI or in part ht 1,,a ns
tit giants groin the United .States, including a provi4ivn that ratio cuntrector and-ubrnntrarlor 'tall funni.6 wieldy a >lat,',ncut
Wit res1net to IIle wage: paid rich emldoece dUing the preceding week. Srrt inn 11111 of Title I8 (l lhiled Elates Gnte),bxll
apply to such statements.
-.-xxx---
Prusu:uht to the aforesaid \nti-Kirkluck Art, the Secret acv of labor, 1:11 lad St at rs Depart mint of I afar, Las promul-
gated the regulations brreinaft cr sit forth, which regulations are found in Title 29, Subti lie A. Code of Fedrnl It. gill. tiuUS.
Part 3. The Tenn "this part." as tilad in the regulations hereinafter set foil h, refers I Part 3 last above mentioned. Said rrg-
ulalinus are as (ulluwa.
TITLE 29 — LABOR
Subtitle A -- Office of the Secretary of Libor
PART 3. -CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN
WHOLE OR IN PART BY LOANS OR (:RANTS FROM THE UNITED STALES
Section 3.F Purpose and scope.
This part pmwribes "anti.kiakback" regulations Under wction 2 of the Art of J line 13. 1[):11, a arnm,drd (411 C S.C.
276c)_ popularly known as the fuprland Act. This part applies to any cumrart which is mrbjrct to l edrral wage Standards
and which is for the construction, prosecution, corn plrLion, or repair of public buildings, public works or buildi nhg or works
financed in whole or in part by loans or grants from the United States. The part is intended to aid in tiny cnfnrcrmrnt of the
Uinimurn wage provisions of the Davis.Bacon Act and the various stat ulrs dealing with Fealnallva ocil eonarurtron that
con l alit similar nun inuun wage provisions. including those provisions which are not subject In Itrorpanmatii, n I lan No. 14
Page 9 of 13 Pages
0 8-48
0
(e.g.. Ilip fadlege Iluusing Art of I4ti0, Ilie Fed„ral R':acr Pollution fin,trol Art, and the Ilousine At of I'Ai4):a,d it, Ito rn(or, r ofr out of Ilie oveAlice provisions Af the G,nlrael Rork Ilnurs Stard.uds Art when, vrr Ibr'y are aPpli. aldr In .nn.li ur I in
to rue pant Jrtails Illy ohuinn(rnn of rn litrartnr• and ullraniraebin rr la l is r in hue w rrkly.n h nusdnn of VaRAI IIIs trrard
ulg IIle wages paid on work corned 1lvre Ifv; gels Forth lie ritcunla ay..e and prnrr durri, lie.4 ins the making of pay r,dl dr.
durtions (rum the wages of Iloae employed on such w.rrk: and delinr r,s Ihr. Inrlhudr of p:n'mrnl p'rtniollde on 'ii,, .irk.
Section 3.2 1)eflu itions.
As used in the regulations in this last:
(a) The ferns "building" or "work "generally include conCrnplinn adIiyity as disfiumui,hrd from InanufarIuring,
furnishing of materials, orsrrsiring and mainbnanee work. The terms include, without limitation, hnildines. anirt ors, yid
impnn'.'lnrnls of all Ma's, such as hridgrs, darns, plants, ligbwovs, liarkways, 51rrr I5,>ubways, tun i.lo,'r veers, mains, Power lines, pumping stations, railways, airlaute, terminals, docks I,irrs, wharves, wavy, Iigln Lou uses, loops, pities, bn akwat sees,
tares, and ra oats; dr<dgifig, .haring, seaffddi ns, drilling, hlasti"go exr: voting, clearing, and landscaping. Unless conducted in
connrrlirm with and at the, site of such a building or work as is dr.rrilcd in flip (ongoing v-nlrrmr, Ilie m:uudarlurr tit (tanish.
iris of materials, articles, supplies, ,w rrinipment (whether or not a Federal or Stair agency anjuir.s title to sor) materials,
articles, supplies. or equipment during the course of the manufacture or furnishing, or owns tile, materials from which they are
man uGcl nerd or furnished) i_ not a "building"or "work" within the n,emuing of tie remlatinn. in ibis part.
(b) The. terms "rotlirnrtion," "Foustcution," "completion,"or "repairin,:ut all h pus of wmk dune un a particular
building or work at the site thereof, including, without limitation, allering,rmnndrling, painting and d,', Orating, tie transport.
ins of rmterials and snpplics to or from the building or work by the employees of the ennstnu tism run traaanr or construction subcontra clot, and the mamu6rturing our furnishing of materials, artirlcs, .Applies, or,apIipnvm on for vie of the building or
work, by persons ernployed at the site by the contractor or su'con Ira rfor.
(c) The Iinns "pnhlir huilding"or "puhlir work" inrlydr building or work four w1..,ar' rnmlrurlinn. Lena reline, coin -
or repair, as defined ahna', a Federal agency is a contrarting party, ngurdl.xs of whether title thereof is in a Federal
agency.
(d) The term "building or work financed in whole or in part by loans or giants from life I'ailyd States" in chides build-
ing or work for whose ennstnuctinn, proscnul ion, completion, or repair. as defined nhose, pav'nn:nt or pat payment is made
directly or indirectly from funds provided by loans or giants by a Federal agency. The Iron does fill[ include building or work
for which Federal assist ante is limited solely to loan euaanl res or insurance.
(e) Even' pe rum paid by a contrast or our subcontractor in any in anm•r for lis'lalro in flip run Q ruction, prow: rut ion.
completion, or repair of a public building or public work or huilding 'Sr work financed in whole. or in pan by loans to grants
horn file United States is "employed"and receiving "wages,"regaudlr�a of any rontrartual r: bn iunship alleged to exist hetwr, n
hint and the real employer.
(I) The term "any affiliated person" includes a spouse, child, parent, our Ohre Thor rdatile lit lie rv,niractnr our wb.
eontractrrt; a partner or officer of file contractor or subcuntrartur. a Iorporatiml closely runnrrtrd wish the Ilinlracow or
subruutractor as parent, subaiJiary or utlrrwise, and an uIll rrr or agent of such rurpuralion.
(g) Tile term "Federal agency" means the United States, the District of Colud.ia, and all rarrutisr deparruvnts, in.
dependent rstablishnlrnis, administrative agencies, and instrnmenlalities of the frlllrd States and of Ile District of Columbia,
including raopvm ions, all or .ubstantially all of the slock of which is beneficially nwnrd by like United States, by flit District
of Gdmnhia, nor any ofthe foregoing departments, establislu,ents, agencies, aril instr utnod alitirs.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employcc" shall not apply to peruu s in classifications higher than that of laborer
or mechanic and those wIto are the immediate supervisors of such employees.
Page 10 of 13 Pages
8-49 HUD -4010.1 (2-76)
•
(6) I'dll nndnrltr or suLe unlndOr rngagnl in llv construction, praserution, rrinydrlinn, or 11417 O1 dIn public
Lidldiug for Iloilo Stott, or huildilog or ,Stet financed in whole or in pain hr loan, or 'u,es frill for I'nilirti Tate.. -11.111
furni>h cal -1, work a ,latcm,:nt w iih «'-pooI to bile wars paid rich of il, rloipltso rrs cu"ahcd Stn \o ,art, , urrr dl, "9 CFII
farts 3 and .i Jurhtg the pro, rdin- weckl)' Ii\ roll period. 1hl: stab a it .hall lie c vi itI,it in I lie ronitacl,r ur -uLrn it
Iractur or lit an mlhorivcd offirrr or rmploler of the i o,lrarlor nr =ttLcmmrartnr who ,uperciac the I'' mrnl if wa;.", and
stall hr on font' 1l'll :1 IS. "Siam:, IiI,t of Conq.h:n cc", or on all idrr IItiral funu on die Imek of 1111 :117," I'at roll (Fir
tractors (1pliunal U )-' or nn any (Olin wills idcniii al woniiug. Famylc rrgiirs of llll :117 and I\ll 3111 may Le',hlnilnd Isom
(hr Gnrrrumrnt conlractiu" or spunroriva agrney. and npies of Ilse',, forms Stub" hr Pnrcli�-d al Life C4Jtr,IlritIII Prildu:'
Office.
(c) 11,, requirement., of Ihia Melton shall t'ol apply to any contract of S2000 or less.
(d) Upon a s, ri rte ri fin di le In the head of a Federal I;(nr r, (tor S,'rrrl atv of I.Jror nnay I,rooide era math• Iimit a l in n s.
yarialiun9, lolrraucr., and esnnplinus from tin rrluir,rme lots of ILi-.shoo enlijerl to .in:li roudili,m=:- Ii,.: ire so l.,ry 01
Labor nay s1wcif)'
) 2'9 F.R. 93, Jan. 4. 196 ha, ,mended al 33 F.It. 101116, July I7. 19613)
Section 3.4 Submission of weekly statements and the pre.ervaliott and inspection of weekly payroll records.
(a) Fach weekly ,lutenteut required under § 3.3 shill tic drlisered Ly du: conlmrlor 11r suheunlrar loo, i, thin acorn
clays after the rrgnlur payuvnt Jule of the pat roll period, to a repre:riilaliec of a Federal nr State a' nr) in c -u,", at the
silo of (lie building or to or, if there is no repnsrn!alike of a Federal or Slate ae-ncy at Ihr. cite of time Ioildi u); or .orI..
IIif sldement ,hill he milt -d by 111e cotdractor or 5uLcoolnctor. Soit Iiir, sod, (lm.', to a F.'derat or Stale ._,:Ott rurilra. Ling
for or financing till building or work. Aflrr such 4 %ainivalion and rherk a, ilia' lie made. kind If State Son nt, or a cop\ 1Lervs(,
small he: kept a aila hle', or shall Ia: I rancmil led t, eel lie r Aril 11 are tart of any rife Ltio n, in ar cord anre wilt alq,li, alJe prorn11 oms
prescribed by Ilse Un led Slabs I)eparbm:nl of Labor.
(h) Eat cuntraelur or siLeoIra elor Jull pre rvr his w,rklr pas rrnII record, feet a perind of thn'e oars jr ii lit dulr of
cmnpletitt' of lilt- contract. I Iin' payroll record: ,hall set out accIrralelo and nnnlotee'ly IIa ,ante and asidn'r of rark Ial,or r
amt mechanic his correct ,la-sifiration, rate of pay, daily and week Iy mm,,hrr of Ioun w urkrd, drrluelions nude, and aalual
wages paid. Such I,a\ roll ,:cords shall hr'uiadc arailahle at all1ilers for toped inn L) Ihr roulraclino officer or hi, au lhotiud
represent at ye, and by a,ilhurivrd ripresentatirr_ of the De part iii cul of Iabor.
Section 3.5 Payroll deductions permissible witltapt application to or approval of the Secretary of Libor
Dedntlimis made under the eiraotslanecs or in the sih,atiun., dcserilcd in file p:u.er:gdu of ibis mcliio ni)' hr made
without appliralion to and approsal of [lie Secretary of lahur:
(a) Any Jr3uel ion umdr in runt pliauce with Ilse re, uirnnrub of I'edrnl. State, or total law, such as led rral or State
"-1111,0 di rtg income lases aid Federal strial xcurily I axes.
(b) Any deduction of su ma pre\iunsly paid to the eon Iul cc as a hom title pre lay me ill of wagrs wLelt curb ire p.,\ nicrm
is made willioul dismmnt or inure t. ...Iona fidelireIW%rece it of wwa!vs" is ic'il udeted to I1asc Lreu made 0111\ \i het' ra,h ar
its r'giil\ale'il1 lla he'rll ad\-an.fd to Ihf per on emplo\rd in such nin11rr a: to give him complete bec,hnn iii d1,).a,ilitu of Ihr
adrasir rd funds.
(e) Aril ebduclio11 of amotnts rrquirrd br confer proerres to hr paid to mother. utlesa ILedednrlion i, in faor of lime
Comm tractor, sithcu iii factor or are affil it' led prrs)tt. or when cull u,ion or ru Ill buratio ii exists.
0
Page 11 of 13 Pages
8-50
HUD -4010.1 (2-76)
0
(d) Any deduction ru nsl fluting a coilIrihuI inn on behalf ofthe lcrsam cmI luvrd to funds established by the employer
or relrtcsentat iyes of engdoyres, or lent h, for the pruleosn of providing either linen principal or income, or ho' Ii, medical or
hospitaI rare, pensions or aniii iits on retire cent, death benefits, corn henation for injuries, ill or , accidcnIs, sick mass, or
diahility, or for insurance In provide any of the, foregoing, or unemployment benefits, vacation pay, savings accounts. or
siwilar payments for the 1wnt fit of employees, their families and delve ndrnts: Provided, however, That the following sl idards
are met: (I) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily eonsrnlyd to by the employee
in writing and in advance of the period in which the work is to be done and such conw:nt is not a condition either for the
obtaining of or for the continuation of employment, or (ii) provided for ins bona fide collective bargaining agreement be-
twren the contractor or subcontractor and representatives of its employees; (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 ofthe employee.
(e) Any deduction contributing toward the purchase of United States Defense Stamps and floods w9,en voluntarily
authorized by the employee.
(f) .Any deduction requested by the employer to enable him to repay luaus tour to purchase shares in crrdil onions
organized and operated in accordance with Federal and State credit union statutes.
(g) Al deduction voluntarily authorized by the emplol cc fur the making of contributions to governmental or quasi-
govemmental agencies, such as the American Red Cross.
(h) Any drdnet ion voluntarily authorized by the cm i10 cc for the making of contributions to Community Chests,
United Cisers Funds, and similiar charitable organizations.
(i) Any deductions to pay regular union initiation fees and mcmberzhip dues, not including 6nrs or special awscmrnts:
Provided, howruer, That a eollcetive bargaining agreement between the contractor or subcontractor and representatives of its
employers provides fur such deductions and the deductions are not otherwise prohibited by law.
0) Any drduction Pilot more than fur the "reasonable cost 'of board, lodging. or otter facilities meeting the require-
ments of section 3(m) oilhe Fair Labor Standards Act of 1938, as amended, and Pmt 531 of this title. A'hcre such a drdjet ion
is made the additional records required under § 51627 (a) of this title shall be kept.
Section 3.6 PayroL deductions permissible with the approval of the Secretary of Libor.
Any contractor or subvontraetor may apply to the Secretary of Libor for perrnission to make any deduction not per-
mitted under § 3.5. The Secretary may grant permission whenever he finds that:
(a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit dive city or indirectly from
the deduction ithrr in lbe form of a commission, dividend, or otherwise;
(h) 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 lwriud in which
the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2)
provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and rcprrs.ntatives of its
employees; and
(d) The deduction erves the convenience and interest of the employee.
Page 12 of 13 Pages
8-51
MUD -x010.1 (2-76)
Section 3.7 Applicafinns for the approval of the Secret try of Libor.
Any al+pliealion (or the making of payroll drdar(iuus under § 3:6 ,ha If euuq.h uitli Ihr cry uirrwcnl Ion -rriI'.+I in Ih,
follo%viii; Par. :qdo of IIus srrliuu:
(a) The appliratimi shall lw in writing am.J 4611 he addr. cal to ILr Secretary of labor.
(h) The application shall idnitifv [lie roulratt (Pr contract; noodle whirl Ilse work in qurrtiuu it lo i.e priori. Per-
mission will be given for deductions only on specific, identified contracts, except upon a pLawiug of csrrpliuujl riu uuilaucrs.
(c) The application shall star affiruvlicely trial dice is rotuplianrr 'iii, the stand.uds cl fnrlli in the 1,roNic,mis of-
§ 3.G. The affirmation shall hr acwmp:micd by a full slatvmrrd of lime facts indiraling stab roniplimre.
(d) Tile application shalI include a descriptiot of the PntI used drd ticlion, Ilse purl 1M' to be wrvrd dnerrbv. and Ile
daces of Intmitts or nvchall its from whose wages the propnscd drducliun would In made.
(e) The application shall slate the name amid Ln,iness of airy third person In whop any fund, ollnined from Ihr rod
o-
rosed deductions air to be transmitted and the a(Gliation of such prtsun, if awv, with Ihr applicant.
Section 3.8 Action by the Secretary of Libor upon applications.
The Secretary of I abor stall decide whether or not the reqursted drdorl ion is permissibIt under pro tisious of § 3.6;
and shrill notify the applicant in wnting of Iris deekion.
Section 3.9 Prohibited payroll deductions.
Deductions not dsewhcre 1,ruvidcd for Ly this part and which are not found to tie puma: iblr under § 3.6 are proliiiti d.
Section 3.10 Methods of payment of wages.
The payment of wages shall he by cash, ne otaable instruments payable on demand, or the additional turn; of ruin prusa-
tion for which deductions arc permissible under this part. No other methods of pavnrnt shall be reeugnirrd on work subject
to Ile Copeland Act.
Section 3.11 Regulations put of contract.
All contracts made with respect to Ilse construction, pruscruliun, eonple[ion. or repair of any politic iiiial ug or public.
work or buildingor wortt financed in whole or in part by loans or grants from the United Stairs cuvcred 11 the rrgul.rtions in
this part sLnII expresly Lind time contractor or subrurdrurtor to coin Ply with such of the regulations is this earl is may In ap-
plirahle. In this regard, see § 5.5 (a) of this subtitle.
Page 13 of 13 Pages
13 8-52 HUD -4010.1 (2-76)
U.S C0atans.Inl PMNIIK en6h 1Vt210.966/204
OUTLINE OF CONTENTS
DIVISION 1 - GE]
SECTION - 01
-02
-03
-04
-05
-06
07
- 08
09
10
11
12
13
14
15
-16
17
18
-19
20
- 21
-22
-23
JERAL PROVISIONS
General Description
Legal Address of Owner
Verification
Liquidated Damages
Safety '
Office & Sanitary Facilities
Construction on Private Property
Notification of Utility Companies
Co -Contractor Bids
Bid Procedures
Schedule of Operations
Rights -of -Way on Private Property
Protection & Maintenance of Public & Private Property
Maintenance of Traffic
Pavement Removal & Replacement
Barricades & Lights
Fences
Progress Photographs
Responsibility of Contractor for Backfill
Testing
Base Line & Bench Marks
Classification of Excavated Material
Measurement & Payment
DIVISION 2 - GENERAL PIPE INSTALLATION
SECTION - 01 Cleaning
- 02 Inspection
- 03 Laying Pipe
DIVISION 3 - EARTHWORK
SECTION - 01 Scope
02 General Requirements
03 Trench Excavation
04 Tunneling & Boring
05 Rock Excavation
06 Backfilling
07 Stream Crossing
08 Protection of Trench Backfill in Drainage Courses
09 Disposal of Excess Excavated Material
10 Paved Surfaces
11 Grading & Seeding
12 Resodding
13 Preservation of Trees & Shrubs
14 Removal of Water
15 Measurement & Payment
16 Water Line & Sewer Line Separation
17 Pipe Embedment
18 Trench Backfill
19 Grubbing & Clearing
r'('C I
DIVISION 1 - GENERAL PROVISIONS
- 01. GENERAL DESCRIPTION. The work to be performed under these. con tract
documents consists of the furnishing of all labor, materials, equipement,
tools, superintendence and all other services necessary for the construction
of the project as shown on plans.
- 02. LEGAL ADDRESS OF OWNER. The legal address of the Owner shall he
as shown on the cover sheet of the Specifications.
- 03. VERIFICATION. Data concerning surface features, present obstructions
on or near site, locations of pipes, roads, etc. have been obtained from
sources the Engineer believes reliable but accuracy of such data is not
guaranteed and is furnished solely for the accommodation of the Contractor.
Use of such data is made at the Contractor's risk and no additional allowance
will be granted because of Contractor's lack of knowledge of existing conditions.
The Contractor shall be responsible for the verification of all measurements
shown on the drawings and/or other new construction on the premises. Each
bidder is required to form his own opinion of the character of the materials
and of other conditions to be encountered from an inspection of the area, from
his own interpretation of test hole information and from such investigation
as he may care to make.
- 04. LIQUIDATED DAMAGES. Liquidated damages will be assessed in the event
of an overrun of time required to complete the work described by these
specifications in the amount of Seventy -Five Dollars($75.00) per day.
Contractor shall pay said damages to Owner prior to acceptance of the construction
by the Engineer.
- 05. SAFETY. Contractor shall comply with the Occupation Safety and Health
Standards Act of 1964, and the latest revision thereof.
06. OFFICE AND SANITARY FACILITIES. A construction office will be needed
as required by the Contractor when required by Law. Sanitary facilities will
be required as needed to conform with city or county ordinances or rules.
- 07. CONSTRUCTION ON PRIVATE PROPERTY. A 20 -foot wide permanent easement
and a 30 -foot wide temporary construction easement shall be provided by the
owner for construction of sewer system across Private property as shown on
plans. The Contractor shall not damage nor destroy obstructions within area.
Satisfactory settlement for such damage shall be made by the Contractor
directly to the property Owner. Pavements and drains shall be restored
immediately following construction of project, to the original condition
thereof as determined and approved by the Engineer. The Contractor shall conduct
his work so as to interfere as little as possible with area Traffic. Tfhe
Contractor shall consider Section 1-14, "Maintenance of Traffic" of these
specifications as pertaining to this area also.
Underground utilities as shown on the Plans are the property of local utility
companies. All utility companies shall be notified 48 .flours prior to starting
construction in the area, to uncover their own facilities. The Contractor
shall cooperate with all Utility Companies.
0
Page 2
- 08. NOTIFICATION OF UTILITY COMPANIES. The Contractor, is responsible for
informing Utility Companies 48 hours prior to start of construction for
the purpose of locating existing utilities. The Contractor is responsible
for any and all damage to utility lines he might damage in the course of
construction, furthermore, the Engineer shall not be held liable for said
damages.
- 09. CO -CONTRACTOR BIDS. In the case of two contractors working on the same
job, each contractor shall he responsible for coordinat:una his work schedule
with the other contractor and shall be responsible for any damage done to his
respective work by the other contractor. The Engineer shall not be held
responsible for any damage of any kind.•
- 10. BID PROCEDURES.
The Contractor shall bid said
project in accordance with
construction documents
and proposal
included. Extra
compensation for any unit
of construction must be
itemized in
the proposal and
included with the bid.
11. SCHEDULE OF OPERATIONS, Before work is started, the Contractor shall
prepare a detailed schedule of all construction operations that shall not
only indicate the sequence of work, but also the expected time of starting
and completion of each part. The schedule. shall be submitted to the Engineer
for approval.
If conditions beyond the control of the Contractor justify, and the Owner
approves a deviation from the above expected time, the Contractor shall service
the construction schedule in accordance with the approved change. The Owner
may require the Contractor to add to his construction forces as well as increase
his working hours if operations fall behind the approved schedule to an extent
that the completion of work within the specified time appears doubtful.
The cut -in of water and sewer lines into the existing system shall be so done
as to make the least possible interruption of the normal functioning of these
city services. The timing of this work shall be planned by the Contractor and
authorized by the Owner or his agent before proceeding.
- 12. RIGHTS -OF -WAY ON PRIVATE PROPERTY. The necessary permanent or temporary
rights -of -way for the construction will be provided by the Owner. The center-
line of pipe line rights -of -way across private property will be marked by the
Engineer with stakes set at intervals of approximately 200 feet.
The Contractor shall be responsible for all damage to crops and other property
outside of the boundries of the rights -of -way, and shall make satisfactory set-
tlement for the damage directly with the property owner and tenant involved,
as their interests may require.
W
- 13. PROTECTION AND MAINTENANCE OF PUBLIC AND PRIVATE PROPERTY. The
Contractor shall protect, shore, brace, support, and maintain all underground
pipes, conduits, drains and other underground construction uncovered or
otherwise affected by the construction work performed by him. All pavement,
surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, and
other surface structures affected by construction operations in connection with
the performance of the contract, together with all sod and shrubs in yards
and parkings removed or otherwise damaged, shall be restored to the original
condition therof as determined and approved by the Engineer. All replacements
of such underground construction and surface structures or parts thereof shall
be made with new materials, conforming to the requirements of these specifications
or, if not specified, as approved by the Engineer.
Page 3
•The Contractor shall be responsible for all damage to streets, roads, highways,
• shoulders, ditches, embankments, culverts, bridges, or other public or private
property or facility, regardless of location or character, which may be caused
by moving, hauling, or otherwise transporting equipment, materials, or men
to or from the work or any pary of the site thereof. The Contractor shall make
satisfactory and acceptable arrangements with the Owner of, or the agency or
authority having jurisdiction over the damaged property or facility, concerning
its repair or replacement or payment of costs incurred in the connection with
said damage.
The Contractor is responsible for notifying the affected governing bodies (City
Water and Sewer Departments) 48 hours prior to start of construction and is
respondible for any and all fees.
- 14. MAINTENANCE OF TRAFFIC, The Contractor shall conduct his work so as to
interfere as little as possible with public travel, whether vehicular or
pedestrial, and shall provide and maintain suitable and safe bridges, detrours,
or other temporary expedients for accommodation of public and private travel.
Owners of private drives shall be given reasonable notice by the Contractor,
before initiation of construction which would interfere with the normal passage
of public or private travel, of the date and extent of construction time involved.
In making open cut street crossings the Contractor shall not block more than i
of the street at a time. Whenever possible the Contractor shall widen the
shoulder on the opposite side to facilitate traffic flow. Temporary surfacing
shall be provided as necessary on shoulders.
- 15. PAVEMENT REMOVAL AND REPLACEMENT. Where surfaced streets, walks, drives
or parking areas are cut, removed or damaged in the execution of the work, the
Contractor shall replace all pavements or other surfacings so removed or damaged
to their original, or better, state and condition, to the satisfaction and
approval of the Engineer.
After trench backfill, the Contractor shall provide a gravel surface at least
6 inches in depth which he shall maintain until the permanent pavement is
replaced or the expiration of the contract and performance bond period. The
gravel shall be of the quality normally used by the City and shall have a
size gradation that will allow dense compaction, and shall be free from lumps
or balls of clay or other objectionable materials. Approval of both the
material and the source of supply must be obtained from the Engineer prior to
delivery of any material on the site of work.
Pavements constructed of asphalt or concrete shall be removed in a careful
manner and so that a shoulder not less than 6 inches in width at any point is
left between the cut edge of the payment and the top edge of the trench. All
asphalt or black -top pavements, removed or damaged, shall be replaced with 2
inches of SB-2 Base, and 6 inches of reinforced concrete. Concrete shall comply
with minimum requirements shown on project plans.
All concrete pavements, removed or damaged, shall be replaced with 2 inches of
SB-2 Base and a 6 inch concrete slab reinforced with 0.257. steel.
Gravel surfaced streets shall require no repaving other than the gravel surface
as specified above, to be placed immediately after the trench is backfilled. A
• trench in a graveled street will be considered as having been repaved when the
graveled surface has become stable and is at proper grade.
Page 4
• All gravel surfacings, walks, drives or parking areas, removed or damaged,
shall be replaced with new material as specified. All costs in connection
with the removal and replacement of such surfacing, including the temporary
gravel surface on asphalt paved streets shall be considered a subsidiary ob-
ligation of the Contractor and shall be included in the unit prices bid for
the pay item affected thereby.
- 16. BARRICADES AND LIGHTS. All streets, roads, highways or other public
thoroughfares which are closed to traffic shall be protected by means of
effective barricades on which shall be placed acceptable warning signs.
Barricades shall also be located at the nearest intersecting public highway
or street on each side of the blocked section.
All open trenches and other excavations shall be provided with suitable
barriers, sign, and lights to the extext that adequate protection is providded
to the public. Obstructions, such as material piles and equipment, shall be
provided with similar warning signs and lights. All barricades and obstructions
shall be illuminated by means of warning lights at night. All lights used
for this purpose shall be kept burning from sunset to sunrise. Materials stored
upon or alongside public streets and highways shall be so placed, and the work
at all times shall be so conducted, as to cause the minimum obstruction and
inconvience to the traveling public. All barricades and light expenses will
be paid by the Contractor.
- 17. FENCES. All existing fences which interfere with the construction
operations shall be maintained by the Contractor until the completion of the
work affected thereby, unless written permission is obtained from the Owner
thereof to leave an interfering fence dismantled for an agreed period of time.
Where fences must be maintained accross the right-of-way, adequate gates shall
be installed therin. Gates shall be kept closed and locked at all times when
not in use.
On completion of the work across any tract of land, the Contractor shall restore
all fences to their original or to a better condition and quality, purchasing
new material to replace all materials lost, damaged, or destroyed. Temporary
gates installed by the Contractor in any fenceiline may be left in place with
the permission of the Owner and tenant of the property.
All materials used in fence repairs or replacements shall be approved by the
Engineer.
18. PROGRESS PHOTOGRAPHS. Photographs of the construction work will be taken
before, during, and upon completion of construction. Such photographs shall
be taken at the direction of the Engineer. Contractor shall provide a
Polaroid camera and all required film for this purpose when request by the
Engineer.
- 19. RESPONSIBILITY OF CONTRACTOR FOR BACKFILL. The Contractor shall be re-
sponsible, financially and otherwise, for La all settlement of trench and
other backfill which may occur from the time of original backfilling until
the expiration of one year after the date of final payment for the entire
contract under which the backfilling work was performed, (b) the refilling
and repair of all backfill settlement and the repair or replacement to the
• original or a better condition of all pavement, top surfacings, driveways,
areaways, curbs, gutters, walks, surface structures, utilities, drainage facilit-
ies, sod, and shrubbery, which have been damaged as a result of backfill settle-
ment or which have been removed or destroyed in connection with backfill replace-
ment operations, and (c) all damage claims or court actions against the Owner
for any damage directly or indirectly caused by backfill settlement.
i
The Contractor shall make, or cause to be made, all necessary backfill replace-
ments, or repairs or replacement appurtenant thereto, within thirty days after
due notification by the Engineer or Owner.
- 20. TESTING. Testing facilities and personnel required for testing of the
project will be furnished by the Contractor.
- 21. BASE LINES AND BENCH MARKS. The Contractor shall furnish competent
personnel with work tools and material and shall assist the Engineer in the
establishment of base lines, bench marks and other basic reference media needed
to control the location and elevation of work under this contract. Thereafter,
the Contractor shall carefully preserve such vertical and horizontal control
and shall make and be responsible for all measurements from it to the work to
be done.
The Contractor shall compensate the Engineer for replacing damaged controls
(such as hubs and stakes for horizontal and vertical control) at the rate of
$30.00 dollars per hour with a minimum of $30.00 dollars per appearance.
22. CLASSIFICATION OF EXCAVATED MATERIALS. Excavated material shall be
classified as earth excavation and blast rocll,excavation. Blast rock ex-
cavation shall be composed of rock not removable by a backhoe using chopping
and prying action but requiring drilling and blasting or air tools for its
removal.
Chert, slate or any non-homogenious material shall not be considered blast
rock, and shall not be paid as same.
23. MEASUREMENT AND PAYMENT. It is the intent of the proposal and special
conditions that the total bid as submitted, shall cover all work shown on the
eontoactdrawings and required by the specifications and other contract documents.
All costs in connection with the work, including furnishing of all construction
plant equipment and tools, and performing all necessary labor to fully complete
the work shall be included in the unit and lump sum prices named in the proposal.
No item or work that is required by the contract documents for the proper and it
successful completion of the contract will be paid outside or in addition
to the prices submitted in the proposal. All work not specifically set forth
in the proposal as a pay item shall be consideded a subsidiary obligation of
the Contractor and all costs in connection therewith shall be included in the
prices named in the proposal.
The method of measurement and basis for payment for each item as listed in the
bid forms shall be as stipulated in the following subparagraphs:
a. Measurement and Payment. These items shall be paid for on a unit price
per place, furnished and installed in accordance with plans and specifications.
All payments shall be made on Engineers Estimated percent of completion, Less
10%. The 10% hold back shall be released after all acceptance tests have been
completed with successful results, and acceptance by the City or Governing
authority.
All sewer pipe and encasement pipe shall be measured for payment in a horizontal
plane along the center line of turns at man holes.
b. Blast Rock. This item shall be paid for on a unit price per cubic yard
as measured in the trench after excavation and before bedding and installation
of pipe and shall include all excavation, dewatering, sheeting or shoring as
required, embedment, backfill, subsequent handling and disposal of all rock
and waste material and all other items not paid for separately.
Page 6
Measurement for payment shall be computed from the actual depth and legnth
of blast rock excavated except that the maximum trench width shall be considered
to be the nominal pipe diameter plus 18 inches and the maximum excavation
below the installed pipe considered to be 6 inches.
Rock measurement shall be made by the Engineer or his representative.
c. Material Payment. The Contractor shall be paid for material stored
on site within 10 days of delivery to the site or within 7 days after the
engineer has submitted the invoices for payment by the Owner, which ever is
the later date.
Page 7
DIVISION 2 - GENERAL PIPE INSTALLATION
- 01. CLEANING. The interior of all pipe and fittings shall be thoroughly
cleaned of all foreign matter before being installed and shall be kept clean
until the pipe has been jointed.
Every precaution shall be taken to prevent foreign material from entering the
pipe while it is being installed. No debris, tools, clothing, or other materials
shall be placed in the pipe. No hooks of any kind will be allowed to come in
contact with the premolded joint or interior of the pipe.
Whenever pipe laying is stopped, the open end of the line shall be sealed with
a water -tight plug. All water that may have entered the trench shall be removed
prior to removing the plug. It is essential that no other foreign matter be per-
mitted to enter the pipe line at any time.
- 02. INSPECTION. Each piece of pipe shall be tested for defects, after its
delivery alongside the trench near the point of installation. Cast iron, or
vitrified clay pipe and fittings, while suspended and hanging free, shall be rung
with a light hammer to detect cracks. All defective, damaged, or unsound pipe and
fittings shall be rejected and removed from the site of the work.
All accepted pipe and fittings shall be suitably marked so that the acceptance
marks will be plainly visible after installation in the trench and will not
become effaced by weather and handling.
- 03. LAYING PIPE. Pipe shall be protected from lateral displacement by means
of pipe embedment material installed as provided in the trench backfill specifica-
tion. Under no circumstances shall pipe be laid in water and no pipe shall be
laid under unsuitable weather or trench conditions.
When jointed in the trench, the pipe shall form a true and smooth line. Pipe
shall not be trimmed except for closures and pipe not making a good fit shall
be removed.
The laying of pipe shall begin at the lowest point, and the pipe shall be in-
stalled so that the spigot ends point in the direction of flow.
\J
DIVISION 3 - EARTHWORK
- 01. SCOPE. This section covers excavation, trenching, rock removal, embedment
and backfilling, surfacing, grading and other appurtenant works. The Contractor
shall furnish all labor, equipment and hand tools for earthwork.
- 02. GENERAL REQUIREMENTS. Excavation work shall be performed in a safe and
proper manner with suitable precautions being taken against hazards of every kind.
Excavations shall provided adequate working space and clearances for the work to
be performed therein.
Subgrade surfaces shall be clean and free of loose material of any kind when con-
crete is placed thereon.
Excavations shall provide adequate clearance for installation and removal of
concrete forms. In no case shall excavation faces be undercut for extended
footings.
Backfilling and construction of fills and embankments during freezing weather
shall not be done except by permission of the Engineer. No backfill, fill, or
embankment materials shall be installed on frozen surfaces, nor shall frozen
materials, snow, or ice be placed in any backfill, fill, or embankments.
- 03. TRENCH EXCAVATION. All excavation will be unclassified material, and will
be included in the lump sum price bid in the proposal.
a. Line and Grade. The lines shall be excavated at approximately the
locations shown on the plans, or along the lines as designated by the Engineer.
Unless a specific profile and grade is shown on the plans, or designated in the
Detail Specifications, the grade of the trench shall follow the topography of
the ground.
b. Extra Depth Excavation. In general, the mains shall be laid at a depth
that provides a minimum of three feet (3'-0") of cover below established road
grade. However, there will be certain areas where it will be necessary to lay
at a greatie depth to meet future road grades, to clear storm sewers, sanitary
sewers, and other utility lines. Where these conditions are encountered, lines
shall be laid to depths designated by the Engineer. No extra payments will be made
for such extra depth; all costs thereof are to be absorbed in the lump sum price
bid in the Proposal.
c. Foundation. The bottom of the trench shall be graded so that the pipe
will have an even bearing on good firm soil for its full length. If the trench
is excavated too deep, it shall be backfilled to the proper grade and well tamped.
If the natural material in the bottom of the trench is unsuitable to support
the pipe, it shall be removed to the depth directed by the Engineer and replaced
with suitable material, if available, or crushed rock (1/2" graded).
d. Bell Holes. Bell holes shall be dug and shall be sufficiently larger to
permit ready access to all parts of the !joint for assembling and for inspection
and to permit bearing as specified above.
e. Bracing and Shoring. Except where banks are cut on a stable slope,
excavation for structures and trenches shall be properly and substantially sheeted,
braced, and shored, as necessary, to prevent caving or sliding, to provide pro-
tection for existing structures and facilities. Sheeting, bracing, and shoring
• shall be designed and built to withstand all loads that might be caused by earth
movement or pressure, and shall be rigid, maintaining its shape and position
under all circumstances.
Trench sheeting shall not be pulled unless the pipe strength is sufficient
to carry trench loads based on the trench width to the back of the sheeting.
Also, it shall not be pulled after backfilling. When ordered by the Engineer,
wood sheeting shall be left permanently in the trench.
Where trench sheeting is left in place, such sheeting shall not be braced
against the pipe, but shall be supported in a manner which will preclude the
application of concentrated loads of horizontal thrusts on the pipe. Cross
braces installed above the pipe for the purpose of supporting sheeting in the
bottom of the trench may be removed after the pipe embedment has been completed.
f. Protection of Structures.
lines, etc., along the line cE the
due to trenching operation.
All existing structures, conduits, pipe
trench shall be protected from damage or injury
g. Wet Trench. At all times during pipe laying operations, th
shall be kept free of water either by pumping, bailing, or drainage.
h. Open Ditch. The Contractor shall not open more trench in advance of
pipe laying than is necessary to expedite the work. One block or 400 feet
(whichever is the shorter) shall be the maximum length of open trench permitted
on any line under construction.
Except where
tunnelling
is shown
on the
plans,
is specified,
or is permitted
by
the Engineer,
all trench
excavation
shall
be open
cut from the
surface.
- 04.
TUNNELLING AND
BORING.
All
railroad and
highway crossings
with
steel pipe of the
lengths
and
depth shown
on the drawings.
(1) Method of Construction. Casing pipe shall be installed using equip-
ment that encases the hole as the earth is removed. Boring without the con-
current installation of a casing pipe will not be permitted. All joints in
casing pipe shall not be welded. Casing pipe shall extend through the entire
fill and be installed in a manner that will not disrupt traffic nor damage
roadway grade and surface.
When directed by the Engineer and as approved by the State Highway
Commission, the Contractor shall install the encasement pipe in an open trench.
The Contractor shall provide traffic control, barricading, compacted backfill,
pavement removal and replacement.
(2) Material - Casing Pipe.
(a) Welded steel pipe, new material, with a minimum yield
35,000 psi. The following minimum wall thickness shall be used:
(Outside Diameter)
16"
18"
24"
24"
24"
Wall Thickness (Inches)
Under Highway Under Railroad
0.250 0.250
0.250 0.312
0.250 0.375
0.250 0.375
0.250 0.375
(b) In lieu of welded steel, as specified above, asbestos bonded
bituminois coated corrugated metal steel pipe may be used. Pipe shall be 14
gauge. Connections shall be match punched. Pipe shall be as manufactured by
Armco Steel Company or approved equal. Casing diameters shall be as specified
in (a) above.
Page 10
In all cases the casing used must meet Arkansas State Highway
Commission Specifications.
(3) Work Within Highway and Railroad Rights -of -Way. All work performed
and all operations of the Contractor, his employees, or his subcontractors,
within the limit of railroad and highway rights -of -way shall be in conformity
with the requirements, and be under the control (through the Owner), of the
railroad or highway authority ownfing,cor having jurisdiction over and control
of, the right-of-way in each case.
(4) Public Travel. Public travel shall not be needlessly inconvienced.
Streets, sidewalks, and private driveway crossings, where not bored, shall be
promptly backfilled after the pipe is laid. Thr order of trenching operations
shall be such as to interfere as little as possible with the use of streets
and alleys. At no time will the Contractor be allowed to leave an open cut
street, sidewalk, driveway or alley overnight.
The Contractor shall schedule his work so as to leave overnight no more
that 15 feet of open trench or only the last joint of pipe installed. Such
open trench shall be barricaded completely with sawhorses or rope as approved
by the Engineer, and warning lights properly arranged placed to warn all
traffic of the open trench and lighted at dusk or battery operated electric
flashers. Such open trench may be covered with steel plates of such strength as
to carry pedestrial traffic, subject to approval of the Engineer.
05. ROCK EXCAVATION.
a. Undercut and Embedment. When the excavation is made through rock or
other material too hard to be readily removed for admitting the bell of the
pipe, the trench shall be excavated at least six (6) inches deeper than the
grade of the outside bottom of the barrel of the pipe, and refilled with
suitable earth and tamped or fill sand as directed by the Engineer.
b. Blasting. For rock excavation the Contractor may choose the option of
drilling and blasting rock for easy removal. The Contractor's methods of
blasting shall conform with the Associated General Contractors' Manual of
Accident Prevention in Construction, and the National Fire Protection Association,
NFPA No. 495 - Code for the Manufacture, Transportation, Storage and Use of
Explosives and Blasting Agents. Such blasting shall be performed as approved
by the Engineer.
Prior to blasting, the Contractor shall notify all adjacent utilities. Care
shall be exercised by the Contractor to prevent shattering rocks beyond required
limits of excavation. This shall be accomplished with the charge holes
properly located and drilled to correct depth for charges used. The charges
used shall be limited in size to minimum required to permit reasonable removal
of material by excavating equipmetbt with "overbreak" effects corrected by the
removal of broken rock and replacement with approved suitable material.
Generally it is suggested that slow blow charges be used and blasting be con-
ducted under cover of mats so constructed to prevent scattering of fragments.
- 06. BACKFILLING. After the pipes and joints have been inspected and approved
the trench shall be filled to a depth of one Cl) foot over the top of the pipe
with selected material free of clods and stones. Such select material shall
be deposited and compacted in a manner to firmly hold and maintain the pipe in
proper position and alignment during subsequent pipe jointing embedment and
J backfilling operations. All trench backfill above pipe embedment shall conform
to the following requirements; when so directed by the Engineer:
Page 11
a. Tamped Backfill. Tamped backfill will be required for the full depth
of the trench above the granular fill under roads, driveways, highway shoulders,
curbs, sidewalks, gutters and other surface construction or structures. Tamped
backfill materials shall be finely divided job excavated material free from
debris, organic material and stones. The backfill material may either be
placed in one operation for tamping with hydrahammer to finish grade; and
shall have a moisture content sufficient to obtain 90 percent of maximum
density with the method of compaction used. Such density will be tested in ac-
cordance with AASHC Designation T147-54.
• b. Uncompacted Backfill. Mechanical compaction of trench backfill above
pipe embedments in locations other than those hereinbefore specified will not
be required, however complete water inundation of backfill will be required.
Uncompacted earth backfill material which is to be placed above-embedments
shall be free of brush, roots more than two (2) inches in diameter, debris, and
boulders, in certain portions of the trench depth.
C. Inundated Sand Backfill. At the option of the Contractor, inundated
sand may be installed in lieu of tamped backfill in any of the above locations
where, in the opinion of the Engineer, the use of water for this purpose would
cause no damage to adjacent property or buried utilities.
Sand for inundated sand backfill shall be free of lumps, rubbish, roots,
• cinders, and other objectionable material; not more than 25 percent shall be
retained on a No. 4 sieve, and not more than 10 percent shall pass a No. 200
sieve. -
The general. procedure to be employed in the inundation of sand backfill
with water shall, be submitted by the Contractor and approved by the Engineer
prior to starting operations thereunder. Operational details in connection
therewith shall be acceptable to the Engineer at all times.
d. Crushed Rock Backfill. In lieu of the tamped backfill, the Contractor
may fill the full depth of the trench with a crushed rock, as approved by the
Engineer.
After placement the crushed rock shall be tamped to insure a mechanical
interlock of particles.
07. STREAM CROSSINGS. A concrete encasement of six (6) inches minimum
thickness shall be installed around the pipe at such places as are indicated
on the plans or as directed by the Engineer to provide extra protection to the
pipe where it crosses creek or stream water courses.
08. PROTECTION OF TRENCH BACKFILL IN DRAINAGE COURSES. Where trenches are
constructed in or across roadway ditches or other water courses, suitable
ditch checks as approved by the Engineer shall be installed as directed. Ditch
checks may be of creosoted lumber; atone, or concrete as authorized. In any
case, the ditch check shall extend not less than two (2) feet below the
original ditch or water course bottom for the full bottom width and not less
that 18 inches into the side slopes thereof.
- 09. DISPOSAL OF EXCESS EXCAVATED MATERIAL. Excess excavated materials not
required for backfill or grading shall be removed from the site of excavation
where within streets, driveways, parkings, highways, and roads, both public and
private, by the Contractor who shall be responsible for the proper disposal of
such material to the satisfaction of the Owner or controlling agency of the
disposal site in each case.
Page 1.2
Excess excavated materials from trenches located in open fields shall be dis-
tributed directly back over the pipe line and within the pipe line right-of-way
to a maximum depth of six (6) inches above the original ground surface, at and.,
across the trench and with uniform side slopes.
- 10. PAVED SURFACES. Paved surfaces shall be removed and replaced in king
to the satisfaction of the Engineer.
- 11. GRADING AND SEEDING. After backfilling has been completed and settled,
all areas on the site of the work which are to be graded shall be brought to
grade at the specified elevations, slopes and contours. Slopes shall be
trimmed and dressed by hand and other surfaces so graded that effective drain-
age is secured. Grading and surfacing shall be completed to the satisfaction
of the Engineer.
Before sowing any seed, all shaping and dressing of such areas shall have been
completed to the satisfaction of the Engineer and the areas prepared to
receive the seed by using a disc spiker or other implement as approved by the
Engineer.
Seeds used shall be first quality and shall be a mixture approved by the Owner
and the Engineer. No seeding shall be done during windy weather or when the
ground is frozen, wet, or otherwise in a nontillable condition. Full advantage
shall be taken of time and weather conditions best suited for seeding, and such
time of seeding shall be subject to the approval of the Engineer.
The Contractor shall maintain all new seeded areas at his own expense, until
final acceptance of the project. Maintenance shall consist of watering, pro-
tecting, replacing and such other work as may be necessary to keep the work in
satisfactory condition. All water required in connection with the seeding work
and maintenance shall be furnished by and at the expense of the Contractor.
12. RESODDING. All extablished lawn areas, cut by the line of trench or
damaged during the course of the work shall be resodded, after completion of
construction, to the complete satisfaction of the property Owner.• All sod
used shall be of the same type as removed or damaged, shall be of the best
quality and, when placed, shall be live fresh growing grass.
All sod shall be procured from areas where the soil is fertile and contains a
high percentage of loamy topsoil, and from areas that have been grazed or
mowed sufficiently to form a dense turf.
•
IA
The sod shall be transplanted within 24 hours from the time it is harvested
unless it is stacked at its destination in a manner satisfactory to the Engineer.
All sod in stacks shall be kept moist and protected from exposure to the sun
and from freezing. In no event shall more than one week elapse between the
time of cutting and planting of the sod.
Before placing or depositing sod on areas to be sodded, all shaping and dressing
of the areas shall have been completed to the satisfaction of the Engineer.
After the shaping and dressing have been completed, commercial fertilizer, of
a type as approved by the Engineer, shall be applied uniformly over the areas
so prepared in a manner and in amounts as recommended by the manufacturer and
harrowed lightly. Sodding shall follow immediately.
All sodding shall be done during the period from March 15 to October 1, unless
written permission is given by the Owner to extend the planting season.
Page 13
•
- 13. PRESERVATION
OF TREES &
SHRUBS.
No trees
shall be removed
outside of
excavation limits,
except where
their
removal is
authorized by the
Engineer.
Main tree roots shall not be cut except where
occupied by a pipe or structure. Excavation
to prevent injury to roots or trees.
they fall within the area to be
shall be done by hand where necessary
Where trees are on the line of trench or adjacent thereto and conditions are
such that tunneling beneath the tree can be accomplished without damage thereto,
tunneling will be required. Where it is impossible to tunnel under trees on
the line of trench, such trees shall be removed and disposed of by and at the
expense of the Contractor and to the satisfaction of the Owner. Trees which are
left standing shall be adequately protected from permanent damage by construction
operations. Trimming of standing trees where required shall be as directed by
the Engineer. All shrubbery damaged or removed by the Contractor shall be
replaced to the satisfaction of the Owner thereof, by and at the expense of the
Contractor.
- 14. REMOVAL OF WATER. The Contractor shall provide and maintain adequate
dewatering equipment to remove and dipose of all surface and ground water
entering excavations, trenches, or other parts of the work. Each excavation
shall be kept dry during subgrade preparation and continually thereafter until
the structure to be built, or the pipe line to be installed therein is completed
to the extent that no damage from hydrostatic pressure, floatation, or other
causes will result.
All excavations for concrete structures which extend down to or below the static
ground water elevations shall be dewatered by lowering and maintaining the
ground water surface beneath such excavations a distance of not less than 12
inches below the bottom of the excavation.
Surface water shall be diverted or otherwise prevented from entering excavated
areas or trenches, to the greatest extent practieabke without causing damage to
adjacent property.
The Contractor will be held responsible for the condition of any pipe line, or
conduit which he (the Contractor) may use for drainage purposes, and all such
pipes or conduits shall be left clean and free from sediment.
- 15. MEASUREMENT AND PAYMENT. These items shall be paid for on a unit price
per in place, furnished and installed in accordance with plans and specifications.
All payments shall be made on Engineers Estimated percent of completion, Less
10%. The 10% hold back shall be released after all acceptance Tests have been
completed with successful results, and acceptance by the City or Governing
Authority.
- 16. WATER LINE & SEWER LINE SEPARATION. The crossing and parallelling
of water lines and sewer lines shall be in accordance with the latest revision
of the "Rules and Regulations Pertaining to PUBLIC WATER SUPPLIES" of the
Arkansas State Board of Health. Uncased water lines shall be separated by 10
feet or more from any sewer line.
17. PIPE EMBEDMENT. Trench bottoms shall be accurately'graded to provide
uniform bearing and support for the pipe barrel between bell holes. When the
trench bottom is of proper character, such as uncemented granular material or
other natural bedding material, and uniform shaping can be executed, foreign
r
Page ].4
bedding material will not be required except as directed by the Engineer for
particular exceptions in construction. When trench bottom materials will not
allow uniform bearing for the entire pipe length the excavations shall be carried
to a depth sufficient to allow a minimum depth of bedding material, as specified
herein and detailed on the plans, to be placed under the pipe.
The details of trenching, clearances, and pipe embedment are shown on the
drawings and the character of such materials are as follows:
"Granular Bedding" shall be crushed stone or gravel with not less than 95%
passing 3/4 inch and not less than 95% retained on the #4 sieve; to be
placed in not more than a 12 inch layer in the trench bottom and graded,
shaped and compacted by slicing with a shovel or other approved means to
provide uniform continuous support for the installed pipe between bell holes.
"Compacted Bedding" shall be finely divided job -excavated material free from
debris, organic material, and stones, compacted to a uniform density which
will prevent displacement of the pipe during subsequent operations as
approved by the Engineer; granular bedding material may be substituted for
for all or part of compacted bedding.
After each joint of pipe has been graded, aligned, and placed in final position
on the bedding material, and shoved home, sufficient pipe bedding material shall
be deposited and compacted under and around each side of the pipe and back of
the bell, or end thereof, to firmly hold and maintain the pipe in porper position
and alignment during subsequent pipe jointing, embedment, and back filling
operations.
- 18. TRENCH BACKFILL. Trench backfill above pipe embedment shall conform
to one of the following requirements:
"Compacted Backfill" shall be finely divided material free from debris and
organic material, but may contain rubble and detritus from rock excavation
at certain levels of the trench depth. This material, with a sufficient
moisture content, may be placed in lifts and mechanically tamped to 90%
maximum density as determined by AASHO Standard Method A -T-147-54 (using
AASHO T-99-57 as a compaction control test), or the entire trench depth
may be backfilled and the required compaction obtained by tamping with a
hydrohammer or by inundation with water.
The method used in obtaining compaction shall be approved by the Engineer.
Granular bedding material may be used as compacted backfill at the option
of the Contractor.
"Uncompacted Backfill" shall be free of brush, roots more than 2 inches in
diameter, debris, and junk,but may contain rubble and detritus from rock
excavation, stones, and boulders at certain levels of the trench depth.
Placement of the material shall be by methods approved by the Engineer.
"Inundated Sand Backfill" may, at the Contractor's option, be installed in
lieu of tamped backfill where, in the opinion of the Engineer, the use of
water for this purpose would cause no damage to adjacentproperty or buried
utilities.
Sand for inundated sand backfill shall be free of lumps, rubbish, roots,
cinders, and other objectionable material; not more than 25 percent shall
• be retained on a No. 4 sieve, and not more than 10 percent shall pass a
No. 200 sieve.
r
Page 15
This general procedure to be employed in the inundation of sand backfill with
. water shall be submitted by the Contractor to, and approved by, the Engineer
prior to starting operations thereunder. Operational details in connection
therewith shall be acceptable to the Engineer at all times.
Compacted backfill shall be required where beneath pavements, surfacing,
driveways, curbs, gutters, walks, or other surface construction or structures
or where in road or highway shoulders or beneath areas where sod is to be
replaced.
Placement of trench backfill material will proceed in such a manner, as approved
by the Engineer, than no excessive loads, shock, or impact will be imposed on
the installed pipe which would result in pipe injury or displacement.
Compact masses of stiff mucky clay, or gumbo, or other consolidated material,
or stone more than one cubic foot in volume shall not be permitted to fall
more than 5 feet into the trench unless cushioned by at least 2 feet of loose
backfill above the pipe embedment.
No trench backfill material containing rock, or rock excavation detritus, shall
be placed in the upper 18 inches of the trench except with the specific
permission of the Engineer in each case, nor shall any hard rock, or stone or
boulder larger than 8 inches in its -greatest dimension be placed within 3 feet
of the top of the pipe. Large stones may be placed in the remainder of the
trench backfill only if well separated and so arranged so that no interference
with backfill compaction or settlement will result.
The inundation of earth (water settled) or sand backfill shall be done in such
a manner as to not disturb the installed pipe or its embedment material, and to
use the least amount of water possible in obtaining the most effective and
desirable amount of settlement. Trenches shall not be brought to ground level
the water shall be introduced to the trench, from the top of the pipe embedment
upward, through a pipe probe attacked to a hose, being careful not to disturb
bedding material in any consequential nature. Backfill material shall be added
during the inundation process so that at completion of the operation a desired
surface elevation will be obtained. If for reasons of porous soil, or other C.
circumstances, the backfilling and inundation may proceed by stages if so
authorized by the Engineer.
Additional backfilling may be necessary at a later date before paving or other
surfacing is installed or completed. Trenches to recieve sod or seeding shall
be topped with 12 inches of topsoil or material equal to that adjacent to
the trench at the ground surface.
19. GRUBBING & CLEARING. The Contractor is responsible for grubbing and
Baring only those areas within Street Right -of -Ways and Utility Easments
in which he has done work. All other grubbing and clearing shall be contracted
for in the original contract or an approved change order.
•
i
DIVISION 20 -
SECTION -
ST
01
02
03
04
05
06
07
08
09
10
11
12
13
tEET SPECIFICATIONS FOR CITY OF FAYETTEVILLE
Right -of -Way Requirements
Street Width
Sub -base Preparation
Base Material
Base Material Preparation
Surface Course
Compaction
Curbs and Gutters
Sidewalks
Dedicated Streets
Concrete Structures
General Comments
Street Extension
DIVISION 21 - GENERAL COMMENTS REGARDING CONSTRUCTION
SECTION - 01 Warped of Slping Sections
- 02 Banks
03 Natural Drainage
04 Street Inspections
05 Engineering Certification
06 Utilities' Coverage
DIVISION 22 - CONCRETE STREET IMPROVEMENTS MINIMUM SPECIFICATIONS FOR
CITY OF FAYETTEVILLE
SECTION - 01 Scope
- 02 Concrete Street Structures
03 Subgrades
04 Minimum Thickness of Sidewalks and Drives
05 Minimum Width of Sidewalks
06 Thickness and Reinforcement of Concrete Pavement
07 Expansion Joints
08 Turn Radii
09 Pozzilith
10 Temperature During Concrete Pouring
11 Vibrator
12 Bidder Responsiblity
DIVISION 23 -
SECTION -
ST
01
02
03
04
05
06
)RM DRAINAGE OR STORM SEWERS
Storm Drains
Natural Drainage
Storm Drainage Design
Concrete Pipe Requirements
Corrugated Metal Pipe
Surface Drainage
DIVISION 24 - TYPICAL DRAWINGS
SECTION - 01 Scope
- 02 Construction Drawings
!M
DIVISION 20 - STREET SPECIFICATIONS FOR CITY OF FAYETTEVILLE
- 01. RIGHT-OF-WAY REQUIREMENTS.
a. Residental street: fifty (50) feet.
b. Collector street: sixty (60) feet.
c. Minor arterial: eighty (80) feet.
d. Principal arterial: eighty (80) feet.
- 02. STREET WIDTH.
a. Residental street: thirty-one (31) feet back
b. Collector street: forty-five (45) feet back
c. Minor arterial: forty-five (45) feet back to
Federal and/or State Highway Department funds
requirement becomes forty-nine (49) feet back
(four -twelve feet lanes).
d. Principal arterial: same as minor arterial.
to back of curb.
to back of curb.
back of curb unless
are used. Then the
to back of curb,
03. SUB -BASE PREPARATION. The new street shall, be cut to and/or filled to
the subgrade contained in the engineering plans and profiles. The sub -base
must be rolled and compacted to 95 per cent standard proctor density and
10 plasticity index. The moisture content shall be the optimum based on soil
type and laboratory test results.
- 04. BASE MATERIAL. The base material shall be a minimum of six (6) inches
of SB-2.
05. BASE MATERIAL PREPARATION.
a. The SB-2 shall, be moistened to optimum water content (verified by
laboratory test results) and rolled and compacted to ninety-five
(95%) per cent modified proctor density and 10 plasticity index.
b. After the SB-2 has cured to optimum strength (minimum of seventy-two
hours) apply a coat of prime oil (MC30 or equivalent) at the
rate of .25 gallons per square yard. Allow prime oil to thoroughly
penetrate (minimum penetration time of twenty-four hours) before
paving.
06. SURFACE COURSE.
a. For grades of ten per cent (10%) or less the street surface shall
be two inches (2") of asphalt cement concrete hot mix after
compaction.
b. For grades in excess of ten (10%) per cent the surface course
shall be six (6) inches of Portland cement concrete'(five and
one-half (5 1/2) bag mix) with a twenty-eight (28) day cured
strength of 4200 PSI. See Division No.22 for concrete street
specifications.
M
C. Grades in excess of fifteen (15) per cent shall not be permitted
exceeding three hundred (300) linear feet.
07. COMPACTION. All sub -base, base, and asphalt surface shall be rolled
and compacted with a roller weighing at least eight (8) tons.
- 08. CURBS AND GUTTERS: Required on both sides of all new streets. See
standard detail sheet for shapes, etc.
09. SIDEWALKS.
a. Residental street: four (4) feet wide sidewalks required on one
side of street.
b. Collector
streets
and
commercial zones:
five (5) feet wide sidewalks
required
on both
sides
of the street.
c. Arterial streets: same as collector.
- 10. DEDICATED STREETS. All dedicated streets will be constructed according
to the engineering plans and profiles appyoved by the Street Superintendent.
The construction process shall be supervised by a registered professional engineer
commissioned by the developer.
- 11. CONCRETE STRUCTURES. See Division 23, these specifications.
- 12. GENERAL COMMENTS. Regarding -construction; see Division 21, these
specifications.
- 13. STREET EXTENSION. The extension of any existing street regardless of
condition or construction methods and techniques previously employed shall be
constructed in full compliance with these new specifications.
Im
DIVISION 21 - GENERAL COMMENTS REGARDING CONSTRUCTIGN
C,
- 01. WARPED OR SLOPING SECTIONS. Warped or sloping sections will not be
permitted.
02. BANKS. All banks behind curbs will be back sloped at a ratio of three
to one to the Right -of -Way line.
-03. NATURAL DRAINAGE. Natural drainage will be adhered to by incorporating
street underdrains or by rechanneling natural ditches into improved drainage
easements,
- 04. STREET INSPECTIONS. The supervising engineer will accompany the
Street Superintendent on inspections, and the proctor densities and plastic
index tests will be conducted in the presence of the Street Superintendent.
The testing lab performing the field tests shall provide the project engineer
with certified test results immediately following field test. These three
inspections are to be performed by the Street Superintendent or his designated
representative during the construction process;. as follows;
a. After all streetshave been cut to sub -grade and .the sub -base has
been prepared.
b. After curbs and gutters and base material is installed,
c. Upon completion of paving, all construction, and back -fill and
clean-up is finished.
- 05. ENGINEERING CERTIFICATION. Will be required from the supervising engineer
before lots will be released.
06. UTILITIES' COVERAGE. All utilities including service connections will
have a minimum of four feet of cover, or two feet below the floor of all
drainage ditches and all improved drainage easements, or two feet below the
floor of all street drainage structures and street paving. Utility lines with
less than two feet cover under street paving shall be encased in concrete
from one -foot outside, each back -of -curb.
DIVISION 22 - CONCRETE STREET IMPROVEMENTS MINIMUM SPECIFICATIONS
C FOR CITY OF FAYETTEVILLE
- 01. SCOPE. These specifications are intended to express minimum design and
construction requirements of Fayetteville City Ordinance No. 1790 for concrete
street improvements.
-02. CONCRETE STREET STRUCTURES. All concrete street structures described
on the attached diagrams and included in this invitation shall be constructed
of 4,200 psi portland-cement concrete at 5i bag mix in 28 days. Concrete shall
be trowled and shall have a light broom finish with application of white
pigment curing compound to serve as a method of curing.
- 03.
SUBGRADES.
All
subgrades
shall be
prepared by
the Contractor to a
grade
plus or minus
one
inch (1")
within
the finished
grade.
- 04. MINIMUM THICKNESS OF SIDEWALKS AND DRIVES. Minimum thickness of side-
walks and drives. Minimum thickness of sidewalks shall be four (4) inches.
Residential driveways shall be a minimum of four (4) inches with either four
(4) inches of compacted base or 6" x 6" gauge reinforcing web. Commercial
driveways shall be a minimum of six (6) inches with either six (6) inches
of compacted base or 6" x 6" 6 gauge reinforcing web.
- 05. MINIMUM WIDTH OF SIDEWALKS. Residential sidewalks shall be four (4)
feet wide. All others shall be a minimum of five (5) feet,
- 06. THICKNESS AND REINFORCEMENT OF CONCRETE PAVEMENT. Concrete pavement
shall be six inches (6) inches thick with curbs on each side. The pavement
shall be reinforced with 6" x 6" 6 gauge wire mesh.
- 07. EXPANSION JOINTS. Expansion joints shall be placed at intervals no
greater than the width of the street, and at points of curvature in the pave-
ment.
08. TURN RADII. Two no. 4 (#4) reinforcing.bars shall be placed horizontally
in all turn radii. Turn radii will be bid at the same price as curb and gutter
when the curb and gutter is 100 linear feet or longer.
09. POZZILITH. Pozzilith shall be added when directed by the Street
Superintendent for better workability.
- 10. TEMPERATURE DURING CONCRETE POURING. Temperature shall be 35° and
rising before any type of concrete pouring will take place. Methods of
heating or covering the surface of the concrete must also be provided by
the contractor when adverse weather conditions prevail.
- 11. VIBRATOR. A vibrator shall
be
used
at the direction of the Street
Superintendent when pouring concrete
of
any
type.
- 12. BIDDER RESPONSIBILITY. The successful bidder will be responsible for
supervision of his crews. The Street Superintendent or his designatedre-
presentative will only perform an inspection after the grade is established
on all jobs.
E
DIVISION 23 - STORM DRAINAGE OR STORM SEWERS
-01. STORM DRAINS. Storm drains shall not collect or transport any sanitary
sewage.
- 02. NATURAL DRAINAGE. All natural drainage shall be adhered to.
- 03. STORM DRAINAGE DESIGN. All storm drainage shall be designed for the
twenty-five (25) year flood plane.
- 04. CONCRETE PIPE REQUIREMENTS. Class II reinforced concrete pipe conforming
to ASTM C-76 shall be used. The minimum size permitted shall be fifteen
(15) inches inside diameter.
05. CORRUGATED METAL PIPE. 16 gage under street paving and 18 gage other
places.
- 06. SURFACE DRAINAGE. Seven hundred (700) linear feet shall be the
maximum distance.to carry surface drainage on the street surface. Then the
drainage must be collected in curb drop inlets, catch basins, etc. and storm
drained to a natural drainage channel.
0
Page
DIVISION 24 - TYPICAL DRAWINGS
01. SCOPE. The following drawings are intended to express design and
construction details in conjunction with Divisions No. 20, 21, 22, and 23
of these specifications, and shall comply with all City of Fayetteville.
Ordinances relating to street construction.
- 02. CONSTRUCTION DRAWINGS. (Sketches on following: pages).
I.
Raised Curb Inlet.,
II.
Concrete Swale.
III.
Concrete Scupper Drain.
IV.
Typical sidewalk sections.
V.
Typical curb drive section.
VI.
Storm box.
VII.
Headwall.
VIII.
Wingwall with footing.
IX.
Raised curb inlet.
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